CENTRAL CRIMINAL COURT.
CHALLIS, MAYOR. THIRD 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, January 3rd, 1853.
PRESENT—The Right Hon. The LORD MAYOR; Mr. Ald. FARNCOMB; Mr. RECORDER; Mr. Ald. SALOMONS; and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the First Jury.
MR. REED conducted the Prosecution.
EDWARD HOWELL . A short time ago I was living at the Golden Horse public house—I took that house through an advertisement in the Advertiser—in consequence of the advertisement I called on the defendant Wynn—I told him I had seen and advertisement in the paper of a public house called the Red Lion, in Great Wild-street, and it stated that the man was going to Australia or something of that sort—he gave me a ticket to go and view it—I went and saw it—he also gave me a ticket to see the Golden Horse at the same time—I saw the Red Lion first—I went over it, but did not like the character of the house, and declined to take it—I then called at the Golden Horse, in Theobald's-road—I have not got the ticket he gave me to view it—I destroyed it—I destroyed it—the ticket was to the effect that the Golden Horse was to be let, rent and taxes included, at 45l.; lease, ten years and a half; premium, 165l.; and doing 70l. per month—Mrs. Paxton showed me over the house; I liked the appearance of it—I saw Mr. Wynn again the following morning, at his office, 7, Sidney-street, City-road; it is a small broker's office, like the generality of brokers' office—I agreed to take possession on the following Thursday—I think it must have been the 29th Aug. that I saw him again at his office; it was either the 28th or 29th, I am not certain which—I told him that I preferred the Golden Horse of the two; he said it was a very nice little house, and he had no doubt a man could do very well there—he accompanied me down, and saw Mr. and Mrs. Paxton—Mr. Wynn introduced me, saying he thought he had brought a purchaser, and accordingly I went in—Paxton said there was a lease—I do not know exactly what passed between Paxton and myself on that occasion, but it was very trifling; he did not seem to be the person that looked to the business; his wife seemed
to be the business part altogether—I did not go over the house again, I was satisfied—in going down, Wynn told me that if I liked he could get me the house for 155l.—I was asked 165l. in the first place, and I thought it was very cheap, and was going to give that sum for it—I made no deposit at Paxton's house; that was at my own apartment, on the same day—we agreed there, and I agreed to take possession on the following Thursday—Wynn was with me when I paid the deposit—my wife was also present—Wynn acted as my broker, and as Paxton's too—when I paid him the 20l. deposit I told him I would prefer my own broker—he said there was no occasion for employing another broker, as it was purchased by the lump—he made out that he could do the business for both of us, and that would make the thing more reasonable—therefore as I thought he was a respectable man I gave in directly that he was to do it—the purchase was to be settled on 2nd Sept., the Thursday, at the Golden Horse, when I took possession—I went there on the Thursday, took my goods, and took possession—Mr. Young, a collector at Messrs. Gardner's brewery, and Mr. Shand, a collector at Messrs. Curtis' distillery, were present—Mr. Wynn and Mr. Paxton were there, and the gauger to gauge the spirits, whose name I forget—he was to gauge the spirits for both of us—Mr. Young was there gauging the beer, and Mr. Shand, the distiller's clerk, was there seeing to the stock, because they took to the stock; it was to remain on the premises for me; it was what is termed a transfer—all the goods on the premises belong to the brewer or the distiller, and they transfer it from one person to the other; that is the custom of the trade—this is the account that was made out by Wynn—(this being read stated the items of the purchase, and the deduction for the stock, making the balance payable by the prosecutor to Paxton of 95l. 4s. 5d.)—there is an item of 7l. odd, which I paid to Wynn for the brokerage—I got this paper (produced) from Paxton, at the Golden Horse—it was given me along with that which is called the lease—it was to certify that the lease was all right, and that Paxton had paid 4l. 15s. 8d.; it is a receipt—when Wynn gave it me he said, "This is the receipt for the making up of the lease"—he said Paxton had paid for it, and that was the receipt (read—"Received this 15th March, 1852, of Mr. John Paxton, 4l. 15s. 8d., being charges in respect of the lease of the Golden Horse public house, Theobald's-road, Bloomsbury, granted by the executors of the late Mr. Howe to Mr. Rosson. Signed, J. W. ILIFF, for H. DREW")—I think Mrs. Paxton took the lease out of a drawer, and said, "This is the lease," and Wynn said, "Oh, yes, sir, this is the lease, shall I read it for you? or you can read it yourself if you like"—I am not a very clever reader of writing, so I told Mr. Wynn I should trust entirely to his honour and respectability to read it for me, and he read it, but I find there is a clause in it that he never read to me—I attended to it as he read it over; he read it aloud, part of it very loud—here is a proviso at the bottom of this page, "Provided also, and it is hereby agreed and declared, that it shall be lawful for either of the parties hereto, or his or their representatives, to determine the term hereby granted at Christmas-day, 1852, or upon Christmas-day in any subsequent year thereof, by giving to the other party a notice of his or their intention, such notice to be given on or before the Midsummer-day next preceding the intended determination, to be given to the said executors, or left for them at their respective usual or last known places of abode"—a part of that was read over to me, but not all—I remember that part about notice to be given on or before the Midsummer-day next preceding the day of the intended determination, but that part about giving up possession at Christmas, 1852, was not mentioned; nothing whatever was read about
Christmas—I was not told by either of them that any notice had been given to determine the tenancy at Christmas, 1852, or else of course I should not have taken it—I was not told by either of them, at any time, that notice to quit at Christmas had been given—I paid the balance according to their statement, and took possession of the premises—this book (produced) was given me by Wynn, as an inventory of the goods there—about two months after this two gentlemen called on me respecting my quitting the premises—I do not know who they were—they came respecting the house and yard; it appears that the place was put up by auction—they told me they were in treaty for the house—in consequence of what they said I went to Wynn, and told him that there had been a party from him looking at the house, and one was a lawyer's clerk, who came to see his friend righted—I told Wynn it appeared the lease was a complete failure, and that I was liable to be turned out at a moment's notice; that the lawyer's clerk who read it told me I had no more right behind the bar than he had, and that I was to quit at Christmas—he said I had no right to have shown the lease till I had got a deposit—Wynn was negotiating for me—I told him the business did not suit me, I wanted to sell it—I showed the parties who came for the lease, and they found out the clause that was in the lease, and told me of it—one week I took 6l. in the house, and I have taken as low as 3l. 15s.—I wanted to dispose of it, because I should have soon been in the workhouse; it did not produce 70l. a month, it did not produce more than 6l. a week—about a month before Christmas Mr. Linder, the executor, called and asked me if I was ready to quit at Christmas—I do not think I saw Wynn after that—I saw Paxton two or three days after Mr. Linder called on me—I found him at a public house at the comer of Robert-street, Little James-street; he was smoking his pipe: it was at night, after he had done work (I had called the evening before that, and seen him at his own house)—I asked him to come out, and to come to the door, that I wanted to speak to him, and I told him that Mr. Linder said I must leave at Christmas, and that a person of the name of Holmer, a wheelwright, had bought the property, and paid a deposit of 10l. on it, and he had taken possession of the yard, but of course he could not take possession of the house till I was out of it—I asked him if he would come to any arrangement, that it was hard for me to lose all—he told me he had no money—I asked him what had become of all the money I had paid him—he said he had paid it away, that he had borrowed 15l. when he went into the house, and during the time he was in it, he had managed to pay it back, out of the profits, I understood him; and about two or three minutes after he told me he had lost 40l. in it—I told him if he did not come to some arrangement I should take proceedings against him—he told me that he was taken in; he was sorry to see me there, of course, but he would not come to any terms with me, and when I said I should take proceedings against him he smiled, and said, "Well, I might do the best I could," or something of that sort—I think he said he had borrowed the money of his mother—I told him he had had notice to quit in June, and he ought to have told me that—he said he did not take any notice of the notice—he mentioned something about the lease after I had spoken to him about the notice that he had had—he said, "What a rascally thing that lease was"—that was all he said—I have had two brokers to value the things in the inventory.
Cross-examined by MR. CLARKSON. Q. When did you give instructions to the brokers to value? A. When I found I was obliged to leave, about a fortnight ago—Paxton told me that Mr. Knight had said he was not to take any notice of the notice—Mr. Knight is the executor of the owner—I think
he said he had paid 5l. more for the place than I did—I was a publican before I took these premises, and had been so three or four years—the part of the clause of the lease that I remember Wynn's reading to me, was about the notice to be given on or before the Midsummer day preceding the day of the intended determination of the term, and the notice to be left at the executor's last known place of abode—nothing was read about Christmas day, that was left out entirely—that I swear—after the lease was read by Wynn it was put down on the table—I had signed an agreement which Wynn made out before that, which my lawyer has—I forget exactly whether it was signed before or after the lease was read—it was given to Paxton—I believe Paxton paid for it—it was signed the same evening, 28th August, I think—as far as I remember, it was after Wynn had read the lease out—I have had the paper called the lease ever since—I do not know whether Mr. Knight is here to-day, I have not brought him—I heard from Paxton that Knight had told him he was to take no notice of the notice, and I went to Mr. Knight, and asked him—he lives in Carnaby-market—Mr. Holmer told me he gave 120l. for the premises, for the lease of the lot, and that he paid 10l. deposit on it—I am not able to say how much of the stock I had consumed from 28th August to 2nd December—I went to my lawyer about this as soon as I found I was in fix—that was about three weeks ago—the lawyer went to a Magistrate—I have not been before a Magistrate; I come here to tell my story for the first time, to-day—I was not generally in the habit of getting drunk in this house—publicans are liable to it, now and then—I did not get so every day; I do not suppose I was drunk above three or four times while I was there—I have been a little inebriated, but not to say drunk—that was not every day—I really cannot say how often I have been drunk or inebriated since I have had these premises—I did not take any notice of it, I do not put down day and date for such a thing as that—I have seen Mr. Knight on this subject—I saw him last about eight or ten days ago, and I saw him about three weeks ago, and spoke to him about Paxton's notice—I have not seen him very often, I dare say I have seen him four or five times during the time I was in the house, not more—Paxton showed nothing in the business; he did not tell me he had been a carpenter at Cubitt's—I have since learned that he was for years a carpenter at Cubitt's—I have not had to say a right offer made to me for the house when the lawyer's clerk came; I had an offer of 108l. for it, after I found out that I was to quit at Christmas, and I told the man I could not let it—I did not tell him I would not, I told him I should not let it; I could not, it was out of my power—he made me an offer of 105l. through his broker—I told him I could not take it; he came the following day himself, and I mentioned the transaction to him, and said, "Why, I have been taken in in this house, and it won't do, and I shan't, or can't, let it"—I swear that was all I told him—that conversation was since Mr. Linder the executor called on me—I found out in less than a fortnight that the business did not answer—I advertised it about three months ago, but not since—the broker advertised it in November, I do not remember its being advertised in December—I do not remember authorizing the broker to advertise it in December, I might have done so, but I do not think it was in December—I certainly did not advertise it after I had seen Mr. Linder; I swear that—I did not give anybody else authority to advertise it—I spoke to Paxton about the lease soon after I was there; I spoke to him about the trade and about the lease; not to complain of the notice in the lease, but to complain of the trade—I said what a pity it was that with such a good lease to the house the trade was so bad; the lease was then in my cupboard
I had not read it, and I did not then refer to it—I never read it all over till after this lawyer's clerk read it, and found cut this clause—I have taken it up to read over and over again, and somebody has come in, and I have thrown it down, I never finished it—it must have been early in November that the lawyer's clerk came—I did not to my knowledge advertise it on 25th Nov.—I cannot swear it was not done with my authority; I do not believe it was advertised on my authority—it must have been in the early part of November that the broker advertised it—I will not swear it was not past the middle of November—I paid the money on Thursday, 2nd Sept., I signed the agreement on 28th August.
Cross-examined by MR. ROBINSON. Q. Where was Wynn's shop? A. No. 4, Sidney-street; I had known him before—I called on him about four years ago, when he was a broker in the New-road—he never did any business for me before.
MR. REED. Q. You say that Paxton told you that Mr. Knight had said, "Take no notice of the notice?" A. He did; I afterwards saw Mr. Knight, and after that I saw Paxton; I did not tell him what Mr. Knight had told me—the brokers valued the whole of the property I had received of Paxton—the spirits that were there were all paid for—that was not in the 155l., the spirits were taken by our distiller, transferred from Paxton over to me, and the beer the same by the brewer—the beer and spirits were not included in the 155l.—before I paid the money Mr. Paxton showed me the brewer's book, and the distiller's book—I afterwards wished to dispose of the business because I could not get support in it; I could not get my salt at it, it was the most miserable place for business a man ever put his toe in—Paxton represented that the business was from 12l. to 15l. a week, never less than 12l.—the first week I was in it I only took about 6l., and that was the reason I wished to get rid of it.
CHARLES SMITH . I am clerk to Messrs. Drew; they are solicitors for Mr. Linder and Mr. Knight—I was directed by Messrs. Drew to leave a notice, of which this is a copy (produced), at the Golden Horse, Theobald's road—I left it there on 24th June.
Cross-examined by MR. CLARKSON. Q. Was that after you had conveyed these premises to Paxton? A. I do not know anything about that—I know nothing about the money paid by Paxton for the lease—this paper (produced) is not Mr. Drew's writing, it is written by one of his late clerks, one of the persons who acted for him—Mr. George Henry Drew, jun., is one of the firm.
Cross-examined. Q. Did you take them by any engagement in writing? A. I had a memorandum for the deposit—the agreement was a verbal one—I had no written engagement—I bought the premises of Mr. Linder.
COURT. Q. How much did you agree to give? A. 120l., that was for a lease of the public-house and private house; there was a lease of sixteen and a half years from the freeholder—the parties will not let me have the house, they want me to have my deposit back again—I paid the 10l. to Mr. Linder; it has not been repaid me—I have not had the house, because the executors could not agree—I never was in possession.
(produced), and valued the goods in it—the sum I arrived at is 43l., 12s., supposing them to be sold by public auction.
Cross-examined. Q. Where are your offices? A. Ferdinand-terrace, Hampstead-road; I am a licensed broker.
MR. CLARKSON to MR. HOWELL. Q. Have you subpœnaed Mr. Knight to come here to-day? A. No; he is here—I do not know whether my attorney subpœnaed him.
(The prisoners received good characters.)
WYNN. Aged 48.
Guilty Second Count. Judgment respited.
GUILTY . Aged 36.
At the request of MR. BODKIN for the prosecution, Judgment was respited till the next Session.
NEW COURT.—Monday, January 3rd, 1853.
PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. SALOMONS; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY . Aged 18.— Confined Four Months.
JOHN WESCOMBE . I live at Edmonton—the prisoner was in my service. On 15th Nov. he went with me in my cart to London—when we were coming from Edmonton I lent him a great coat—I said, "Put this on; it will keep you dry"—he put it on, and when we got to the County Court he said he wanted to go out for a necessary purpose—he went out with the coat on, and I never saw him again till the officer took him, which, I think, was three weeks or more afterwards—he had been in regular work for me, assisting the potman, and doing what he could about the house, and acting as ostler—I should have thought he would have been the last man in the world to have done such a thing—I have not seen my coat since—he says he sold it in Petticoat-lane.
Prisoner. Q. You told me to put it on? A. Yes, to keep you warm and dry.
WILLIAM CHADWICK (policeman, N 431). I took the prisoner into custody—I told him it was on a charge of stealing a great coat—he said, "Well"—I said, "Is this the coat that you have got on?"—he said, "No; I have swallowed it"—he afterwards said he had sold it.
Prisoner. He thought I was coming to receive money, and when he found I had none he turned against me.
GUILTY . Aged 23.— Confined One Month.
WILLIAM ALLUNT LAW . I am assistant to Mr. Frederick Barnes; he is an ironmonger. On 21st Dec.; about 2 o'clock in the afternoon, I saw the prisoner at the counter, purchasing some percussion caps—I was not serving him, I was about sixteen feet from him—while I was away from the counter, I saw him put some parcels of knives into his pocket—they were in parcels, on an iron chest, behind him—I went to the invoice to see how many were missing—I went to the prisoner, and told him he had some of our knives—he took one parcel out of his pocket, put it on the counter, and said, "Here are your knives"—he then ran off—I followed him, and as he ran he dropped one parcel in the road—the policeman took him—I took the parcel which he dropped in the road to the station—I did not lose sight of him.
Cross-examined by MR. BALLANTINE. Q. Had you known him before? A. Yes, I had seen him in the shop about a week before, and I believe he purchased a gun about twelve months before—he follows fairs, and keeps a target for persons to shoot at—the value of the knives was about 4l. 11s.—this is the parcel I picked up in the road—it is the property of my master—this is worth about 36s.—there was one more parcel found in his pocket.
MR. BALLANTINE here stated that he could not resist the evidence.
GUILTY . Aged 23.— Confined Six Months.
159. JAMES BROOKS , burglariously breaking into the dwelling house of Sir Charles Merrick Burrell, Bart., and stealing 1 coat, value 30s.; his property: and 5 whips, value 10s.; the goods of Daniel Davies.
EDWARD OLIVER (policeman, A 337). On 18th Dec., at twenty minutes before 6 o'clock in the morning, I saw the prisoner come out of Richmond mews into Parliament-street—he had this coachman's box coat with him, and these five whips—he came towards me; and asked me what time it was—I told him it wanted twenty minutes to 6 o'clock—he said, "I am afr Ald I shall be too late for the rail," and he hastened off—I went into the Mews, and tried the doors—I found the coach house door of Sir Charles Merrick Burrell open—I had seen it about a quarter of an hour previous—it had the padlock on then, and it was locked—I had had the padlock in my hand—when I saw the door open the padlock was gone—I called the coachman, and after speaking to him I went and overtook the prisoner at Charing-cross, walking very fast—I asked him where he got the coat and whips—he said he came from over the water, and they belonged to his master—I told him he must come back with me—he let the coat drop—I told him not to drop it—he threw it down, and said, "B—r the coat; carry it yourself"—I took him to the station, and found on him a black linen bag, a knife, a small looking glass, and 1 1/4 d.—he threw the whips down, and I took them up.
Prisoner. I walked civilly with you; but you held my collar so tightly I could scarcely breathe; then I threw them down. Witness, I had hold of your collar, not your handkerchief.
JAMES LAKER . I live at No. 5, Richmond-mews, and am coachman to Sir Charles Merrick Burrell—that stable and coach house are his property—there is a road from the stable to the house, in Richmond-buildings—you go over the leads—you cannot go from the house to the stable and coach house without going into the open air—I sleep over the coach house—the door of the coach house had not been open for four or five days, because a carriage stood there—I know it was locked that morning, because I heard the police
man try it, which I often do—this coat is Sir Charles's—these whips belong to Daniel Davies, who looks after the carriage.
Prisoner's Defence. When I was in the Mews I had been out of employ for four or five days; I have a wife and two children; I saw the door was open; I went in, and the things tempted me, and I stole them; I am a tailor by trade.
GUILTY of stealing only. Aged 27.— Confined Twelve Months.
CAROLINE JONES . I am the wife of Henry Jones; we live at Uxbridge Moor—my husband rents the house; he is a grocer and baker. On Christmas-day, between 3 and 4 o'clock in the afternoon, I and my husband left the house—it was fastened up, and no one was in it—the windows were fast, and the door—I returned about 9 o'clock—I found our casement window open—it had been fastened with a little bolt—I had lost some tobacco out of a jar, and some coppers out of the till—I thought there was about 2s. in coppers—I have seen the tobacco since, this is it—and there was one particular halfpenny among the coppers that I know, this is it—the day before I gave to a little girl 6d. worth of halfpence, and she brought this one back, and said it was bad—that called my attention to it—I can swear to this being in the till.
MARY ANN WOODLEY . I am the wife of Henry Woodley. On Christmas night, in consequence of what was told me, I was watching in front of Mrs. Jones's door, about 8 o'clock—I heard some one coming from the back, and when I looked I saw the prisoner coming from the back of the premises—I knew him—he said to me, "Halloo! Mrs. Woodley"—he went to a beer house—I followed him there.
GEORGE WOODLEY . I live at Uxbridge Moor, and keep a beershop. On Christmas evening somebody told me something, and I went to Jones's house—I heard some one in the shop, and either the till going or the scales, I could not exactly tell what it was—I tried the door, and it was fastened—I went to the back of the premises, and heard some one run up the garden and out the back way—I did not see any person—I went to the beershop, and the prisoner was there—I knew him before—I kept him there, and sent for Jones—I accused the prisoner of having been in Jones's house—he said he had not—I told him I had strong suspicion that he had, and I should detain him till Jones came—I had a ladder on my back premises half an hour before, and after I heard what my sister said the ladder was gone.
CHARLES BARRETT . I live at Uxbridge Moor. On Christmas night, about 8 o'clock, I was coming along—I saw the prisoner come the back way out of Jones's house; he went to Woodley's beershop—I went to the back of the premises with the policeman, and found the mark of a ladder against the wall towards the window; it leaned against the wall close under the window, and there were footsteps—the policeman went and fetched the prisoner out of the beerhouse; he took his shoe off, and scraped the dirt from it, and put it down by the side of the marks—it was exactly alike in the nails, and we measured the length of them.
EDWARD TOMLINSON . I live at Uxbridge Moor. I heard of this robbery, and I went to a dunghill near to where the prisoner lives, behind Woodley's—I found some tobacco and some halfpence in the dunghill, concealed under
the dung—part of it was removed—I gave the halfpence to the policeman, and the tobacco to Mr. Woodley.
ALFRED AMBROSE LINDSEY (policeman, T 102). On Christmas evening I apprehended the prisoner in Woodley's beershop—I took his shoe off, and took the mud off it, and made an impression on the ground by the side of the Other footmarks; they corresponded exactly.
(The prisoner was further charged with having been before convicted.)
RICHARD ROADKNIGHT (police sergeant, T 11). I produce a certificate of the prisoner's former conviction (read—Convicted at this Court, on 8th April, 1850, for stealing two loaves of bread; confined eight days and whipped)—the prisoner is the person.
GUILTY. Aged 18.— Transported for Seven Years.
(He had been seven times summarily convicted.)
OLD COURT.—Tuesday, January 4th, 1853.
PRESENT—Mr. Ald. FARNCOMB; Mr. RECORDER; and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the Second Jury.
GUILTY . Aged 18.— Confined Four Months.
GUILTY . Aged 27.— Transported for Seven Years.
Eliza Tilby deposed to her having sold her furniture for 50l., to go to Australia with the prisoner, and that she had 10l. of her own, with which the prisoner paid the passage money.
163. JOHN LEWIS , stealing 4 spoons, value 4s.; the goods of Rebecca Hoare: and 1 watch, and other articles, value 5l. 5s.; the goods of Constantia Orm, in the dwelling house of the said Rebecca Hoare: to which he pleaded
GUILTY .*. Aged 19.— Confined Four Months.
GUILTY .* Aged 16.— Confined Six Months.
GUILTY . Aged 37.— Confined Three Months.
MESSRS. BODKIN and PARRY conducted the Prosecution.
JOHN TUCKEY . I live at No. 7, Henrietta-street, Manchester-square, and am a dairyman—in Aug. last, I was desirous of proceeding to Australia; for which purpose I sold my business to raise the money—in the early part of Aug. I applied, in consequence of my wish to emigrate, at the office of
Thompson Brothers, Riches-court, Lime-street—I did not see the defendant the first time; I saw some of the clerks—about three weeks or a month afterwards, when I wanted to get my money back, I went to the office and saw the defendant, and one or more clerks; I believe Shotter was there, I had paid him 12l.—when I saw the defendant, I asked him for the money back in consequence of there being so many summonses at the Mansion House; I thought the money was in wrong hands—he offered me half my passage money hack; I said I would not take it, and walked out of the office directly—I had this receipt (produced) with me; I do not think I said anything about it when I was talking to the defendant—I mentioned to him that he was to appear at the Mansion House—I told him that in consequence of my brother's case, I thought he had not a right to receive the money, that he was not the right agent—I do not think he made any reply to that—he looked over the books, and then offered me half my passage money, and I would not take it—he said I might go by the South Sea; that was the vessel for which I had paid the passage money—I had paid 3l. of the money first, and 12l. the second time, to Shotter—I had a receipt without any print on it first for the 3l., but Shotter gave me this receipt (produced) afterwards, and I gave him the written one—I think he gave me this on the day it bears date, 17th Aug.—I had paid the 3l. about a week or a fortnight before—(the receipt being read, was for 15l. passage money, per South Sea. Captain Brett, bound for Port Philip, and to embark when the ship was ready, signed, George Thompson and Brothers)—after I received that receipt I received this letter from Messrs. Thompson; it was after I had applied for my money back—read: "No. 1, Riches-court. Lime-street, City, Sept. 14, 1852; To Mr. John Tuckey, No. 17, Henrietta-street, Manchester-square—Sir, according to the wish expressed by you, on your calling at our office this day, we beg to inform you, a berth shall be reserved for you on board the South Sea. Captain Brett, sailing from Liverpool, in all, this month; and provided you do not join the ship, the half of your passage money will be forfeited, according to our rules and regulations; besides, it must now be understood by you, your passage is taken by the South Sea. and we cannot allow any further transfer or alteration whatever. On your calling at our office, the usual contract ticket awaits you; your's obediently, John Thompson Brothers—It is as well to observe, the tenor of this letter totally contradicts your brother's assertion, that we had no authority to book by the South Sea; on calling here bring your last receipt with you"—In consequence of that letter I went to Liverpool; I was there on the 30th; I went to Mr. Baines' office—Mr. Shotter had directed me to go there, and I believe the letter states where I am to go to—when I got there I applied for my berth—I saw Mr. Baines and his clerks—this memorandum on the back of the certificate (produced) was written by Mr. Baines' order—I got no berth; I did not get my berth, or get my money back—I was at Liverpool one whole day, I was put to the expense of going there and back, 16s. 8d. each way; I think it was on the 29th I went down, I called on Mr. Baines, and the next day I came back—I think I went straight away to the Lord Mayor when I came back.
Q. What induced you to part with your money? A. On account of my brother going to Australia by the same Thompson and Brothers—my brother summoned them to the Mansion House—I believed that Thompson Brothers, had power and authority to enable me to embark by the South Sea.
Cross-examined by MR. SERJEANT WILKINS. Q. Had you not taken a berth on board another vessel before the South Sea.? A. Yes; it was at my own request that the change took place—I was not ready to go by the first
vessel—I do not now know the name of the first vessel—I requested to be transferred to the South Sea. and then I requested to be transferred to another; but Mr. Thompson would not let me—I do not think he gave me a card at that time—I do not know that there was a card given to me the first time I went to the office—my memory is not very clear about that—I went there in the first instance on account of my brother's going to Australia—my brother has gone to Australia—he did not go through Thompson, Brothers—I think he went by the ship Teneriffe—I do not think Baines and Co. were the agents through whom he shipped, but I do not know—he went to Baines and Co. in the first instance—they did not offer him a berth in another ship, I am sure of that—I went to Baines and Co., and they said they had nothing whatever to do with it—I do not know whether I asked for detention money, I do not think I did—Baines told me they had nothing whatever to do with Thompson, Brothers, and I do not think I asked any further about it—I do not know whether I did or did not ask for detention money.
COURT. Q. Perhaps you do not understand that term; did you ask for anything for your loss of time? A. No, I do not think I did—Mr. Baines told me that Thompsons had not sent any money down, and he had nothing whatever to do with them—he said the berths would have been ready if Thompson had sent the money down, but Thompson had not sent any money down—he said that Thompson was not an employed agent of theirs, but the same as any one else; if he had sent the money down, berths would have been preserved for any number of passengers they sent—we were not satisfied with what he told us, and so Mr. Baines told his clerk to write this on the back of the paper—(read—"Messrs. Thompson and Brothers, of London, are not authorized to engage passengers for the Black Ball line of packets to Australia. Our agents in London are Messrs. Jaffray and Co., of Great St. Helen's, London. James Baines and Co., per J. C. M. Liverpool, 30th Sept.)
MR. PARRY. Q. Do you know whether your brother ever got his passage money from Mr. Thompson? A. He did; and 7l. compensation—that was after he had applied for a summons to the Lord Mayor.
CHARLES HOWES . I live at Choulsey, near Wallingford, Berkshire. In Aug. last, I and my family were about to proceed to Australia—in consequence of an advertisement in the Times, I went to an office in Riches-court—I there saw a clerk, of the name of Shotter—after that I wrote to the office, and received an answer—this is the letter I received—(read—"1, Riches-court, Lime-street, London, 13th Sept., 1852. Sir.—Our first vessel will be the South Sea. We have no doubt she will get right to sea before the end of this month. There are only a few vacancies. In order to secure your berths, you must forward us half the money, and that without delay, as the vessel is filling very rapidly. Signed—Thompson and Brothers")—in consequence of that, I paid the sum of 22l. 10s. into the Wallingford Bank, on account of Jones, Lloyd, and Co., of London—there was some mistake about the crossing of the check; and this letter of 25th Sept. was written, enclosing this certificate, or contract ticket—(read—"25th Sept. Mr. Charles Howes has paid the sum of 22l., 10s., as deposit on account of passage money per ship. South Sea. Captain Brett, for Port Philip. The balance to be paid at this office prior to embarkation")—after the receipt of this, I stopped at home, in expectation of having a letter to go down to Liverpool, as he said they would send a letter on the next day, Monday or Tuesday—I never saw any such letter—I saw an advertisement in the paper; in consequence of which I came up to London, and went to the Mansion-house—I never got any of my money back.
Cross-examined by MR. SERJEANT WILKINS. Q. I suppose you paid your money because you expected this man would get you a berth on board the ship? A. Yes.
MR. BODKIN. Q. Did you, or did you not, believe at the time you forwarded that money, that he had authority to give you a berth on board the vessel? A. I did.
COURT. Q. You never paid more than the deposit money, did you? A. Only 22l., 10s.—that was half the passage money for me and my family.
EDWARD STEVENS . I formerly resided at No. 13, Short-street, New-cut. In Sept. I was about to proceed to Australia—for that purpose I went to Messrs. Thompson Brothers' offices, and on 13th Sept. I paid 15l. for passage money, and got this certificate (produced)—before I received this, I paid a 10l. and a 5l. note to Mr. Thompson, on 13th Sept., and on 21st Sept. I paid the remainder, 15l.—there is a receipt on the back for the whole amount—(this being read, was similar to the one read; on the back was written, "London, Sept. 18th, 1852. Messrs. James Baines and Co., 16, Cook-street, Liverpool, The within mentioned passengers, having paid the balance of their passage money, can embark when the ship is ready. J. Thompson and Brothers")—I got that on the 21st—I paid altogether 28l. 6s. 6d.—I agreed to pay 30l. for my passage, and have my passage retained for me and my wife to Liverpool, which was 16s. 9d. each—I was induced to part with my money by the idea of going to Australia—I parted with my money to Mr. Thompson, because I believed him to be an agent for Mr. Baines, of Liverpool; at least, I did not know who he was agent for, but he promised to procure me a passage in the ship called the South Sea—I did not know who was the owner of the vessel, or who were the brokers, till I got the contract ticket—I believed that Thompson Brothers had power to give me this order to embark—I have never received any of my money back—I did not go to Liverpool—I called at the office each morning, in the expectation of seeing Mr. Thompson, but I never saw him there—I saw Mr. Shotter on several occasions—I called about six mornings in succession—he put me off from day to day, saying the ship would sail on 1st Oct. at the latest—I went again somewhere about 2nd Oct., and the office was shut up—I think it was on 2nd Oct., but I cannot swear to that—I saw Tuckey and another person there—I had some communication from them, and went to the Mansion-house—I was examined as a witness.
EDMUND NICHOLLS . I am a labourer, residing at Bagshot, in Surrey. I made up my my mind to emigrate in Sept. last—I went to the office of the defendant, in Riches-court—I there paid 15l. fur my passage, and got this contract note—I paid 1l. more for bedding, and got this receipt for it—(the certificate and receipt were read)—I was induced to pay the 16l. from seeing an advertisement in the paper—that led me to the office—I paid the money to go to Australia—I believed when I paid the money that this ticket would give me a passage on board the South Sea—after paying the money, and getting this ticket, I went back to Bagshot—I came up to London several times, and went to Riches-court—I was told that the South Sea had not sailed—I was desired to go home, and to wait till I had a letter from them—I did so, but no letter came—I came up again, and was told to wait; I should be sure to hear from them—I came up the last time in consequence of receiving a letter from the Lord Mayor—the matter was then being inquired into before the Lord Mayor—I have never got any of my money back.
JOHN CORNER . I am a shipwright, residing at Sheerness. I have a brother-in-law, of the name of Daniel Pattison, who was anxious to go to Australia in Sept. last—he came up to London on the subject, and afterwards I came up—I went to the offices of Thompson and Brothers, in Riches-court,
Lime-street—I only went on the last occasion to pay the remainder of the money—I paid 7l. 10s.—I then received a contract note—this receipt is for the whole amount, 15l.—I saw this order to embark on the back—I believed that Messrs. Thompson had authority to give the order to embark—I should not have paid the money if I had not believed that—I also paid money for Henry Joseph French, and got a contract note for him, but not a printed form similar to the other—this is it—(read—"London, 25th Sept., 1852. Memorandum: We have received from John Corner the balance of passage money, on account of Mr. French, per ship South Sea. Per Thompson and Brothers, J. I. Nicks")—I saw that written—that 7l. 10s. was paid for French's passage to Australia—I have never received any money back from Thompson Brothers—my brother-in-law went out by the Edmund—I did not go with him to Liverpool; I went down after he was there, to pay the money a second time—he did not get a passage from Liverpool from this ticket—the money has been lost to him—French went in the same way at Pattison—I was not there when he went, but I paid the money for both, at Liverpool—he went by another vessel—I paid the money to one of Mr. Baines' clerks—I beg your pardon, it was for Smith, another party, that I paid, not for French—I paid 45l. the second time; that was 22l. 10s. each.
Cross-examined by MR. SERJEANT WILKINS. Q. When you went to pay the 7l., 10s. here in London, did you go alone? A. No; Pattison and French were with me, and two other persons, one of whom was Smith—Pattison was present when I paid the 7l. 10s., and French also—I paid the money by their parents' authority.
MR. PARRY. Q. Besides paying the money, were you to obtain an embarkation order? A. Yes—I received the money from their parents; it was to pay for a bond fide passage to Australia.
MARIA SHORTTO . I am the wife of Edward Shortto, a watchmaker, at Deptford. I went with his nephew, Mr. William Shortto, to the offices of the defendant, in Riches-court, and in my presence he engaged berths on board the South Sea. and paid 43l. 15s.—this is the paper he received—the money was paid for the passage of Mr. William Shortto and his wife, and Mr. Aylwyn and his wife—they engaged the berths the first day, and the next day Mr. William Shortto and I went and paid the money, the second day I think it was—my husband was not going to Australia. nor did he pay any portion of the money—it was William Shortto who paid the money—I went with him to the office three times, and letters were read, and the ship did not sail; it was postponed from time to time—they went again, and there was no one at the office, two or three times—we then found that the matter was before the Magistrate—I do not remember what month it was in when we found the office shut; I should think it must have been about two months after the first application—I cannot remember how long it was after I got this receipt—(the certificate was here read; it was dated 5th Aug., 1852, for 43l. 15s., on account of passage money per "South Sea" and was signed, "For Thompson and Brothers, G, Shotter.")
GAWEN SHOTTER . I live at 115, Brunswick-street, Hackney-road; I was at one time clerk to the defendant. I remember a person of the name of Tuckey coming for a passage by the South Sea—I received money from him—I received it by the defendant's authority—I gave him a contract note; that was also by the defendant's authority—(MR. SERJEANT WILKINS stated that he was ready to admit that all that was done by the witness was done by the defendant's authority)—whatever part I took in reference to taking money for passages by the South Sea. and giving contract notes, was done by the
authority of Mr. Thompson—(looking at the papers put in) these are not all in Mr. Thompson's writing—I have seen these documents before at the Mansion-house—they were either written by Mr. Thompson or by me, under his authority, in the ordinary course of our business—the firm was, "Thompson Brothers"—I never saw any brother there—I remember at one time the defendant being absent from his office; that was about Oct. or Nov., about two months—it was after the matter had been broached at the Mansion-house—I was myself at one time charged at the Mansion-house—I afterwards gave evidence, being Mr. Thompson's servant, and acting under his direction—I saw the defendant at the time he was absent from his office—I saw him at different places—I used to receive communications from him to meet him—I have none of those communications by me—I saw him about three times during the two months—I saw him at Paddington; not at any place where he was hiding; it was an appointed place, not in the street, nor where he resided—I had some conversation with him in reference to this matter—at that time the matter had been before the Mansion-house—he spoke to me about the claims of these parties; he hoped to be able to settle them—I told him there were two warrants out against him for the South Sea and the Lady Ebrington—he said he hoped he should be able to settle them—(looking at four letters) two of these are the defendant's writing, one of Baines', and one of Wilmot's, a clerk to Mr. Thompson—(The following letters were here put in and read—"Liverpool, 14th Aug., 1852. To Messrs. Thompson Brothers, 1, Riches-court, Lime-street, London. Gentlemen,—Two parties have just presented at our counter a receipt of yours for 30l., purporting to be for the full amount of two steerage passages to Melbourne, Port Philip, per South Sea. to sail 25th Aug. As we are not aware of having authorized you to operate for this ship, especially for the date of sailing you give, which as we have not definitely fixed yet, we could not help expressing our surprise, and refused the documents. However, upon the parties threatening to apply to a Magistrate, we requested them to call again, and that we would communicate with you on the subject; which they have agreed to. If you will send us the amount, we will procure berths for these parties (we think the man and wife) in a ship to sail about the middle of next week. Requesting you will not act again in this manner without advice, which gives cause of great annoyance and dissatisfaction, we are, Gentlemen, yours respectfully, James Baines and Co."—"1, Riches-court, Lime-street, City, 30th Aug., 1852, To James Baines and Co., Cook-street, Liverpool. Gentlemen,—Is the South Sea yet decisively fixed, or have you any other vessel now loading? We can let you have some passengers, if you will send us dates, and other requisite particulars. We are, Gentlemen, yours faithfully, Thompson Brothers."—"1st Sept., 1852. To Baines and Co. Gentlemen,—Our respects of the 30th ultimo still remain unanswered regarding the South Sea. Do you intend, as originally proposed, to send her to Sidney, or have you any vessel proceeding to that colony in lieu of her? If so, shall we let you have some passengers? Awaiting the pleasure of your reply, we are, Gentlemen, yours faithfully, Thompson Brothers."—"2nd Sept., 1852. From Baines and Co., to Thompson Brothers. Gentlemen,—We have duly received both your letters of the 30th ultimo and 1st instant. The South Sea will not be ready so soon as expected; but we have the Luceparis, direct for Sidney, to sail on the 9th instant. She takes but a limited number of passengers. There is still room for about ten or fifteen steerage, and a few first cabin passengers, for 15l. and 40l. respectively; but they should be here at the latest on Tuesday. Let us know what number you can send, and how many
have paid deposits."—"9th Sept., 1852. From Thompson Brothers, to Baines and Co. Gentlemen,—We can let you have some passengers per South Sea. Please inform us, by return, as near as possible the day of her sailing, and mention how many berths you can allot us. We have had an interview this day with a party of four, who are anxious to go as chief cabin passengers, about the 25th of this month, and have no doubt we can persuade them to go per South Sea. They are to call on us on Saturday morning, when we hope to book them, and forward you their deposits in course."—"10th Sept., 1852. From Baines and Co., to Thompson Brothers. Gentlemen,—We are in receipt of your letter of yesterday's date, and have communicated the contents to Captain Brett, the owner of the South Sea. for whom we are only acting as agents. He wishes us to request you to state what number and what class passengers you can give, and, if we like the terms, shall berth them, on receipt of passage money. The South Sea will sail in all this month."—"13th Sept. From Baines and Co., to Thompson Brothers. Gentlemen,—We are in receipt of your telegraphic message, and will take the fifteen passengers per South Sea. to sail in all the month of Sept. Please to let us have full particulars of names, ages, and with amounts paid."—"14th Sept., 1852. From Thompson Brothers, to Baines and Co. Gentlemen,—We are in receipt of your favour of yesterday, and note we can have fifteen steerage passengers, at 15l., and will, in course of a post or two, let you know how many more we can engage, and what class; as also forward you the names and ages of those positively booked. If you can inform us what vessel you have sailing about the middle of Oct., we can at once positively guarantee you a certain number of passengers. Please let us hear from you as to this.")
Cross-examined by MR. SERJEANT WILKINS. Q. Were you with Mr. Thompson from the commencement? A. No; I think I was with him about six months—I only know from what he told me, that his brother died after the business began—I was there when Mr. Wanostrocht came, I think that was in Aug., or the latter end of July, he represented Baines and Co.—I did not see Mr. Thompson pay him between 500l. and 600l., I know that he had a large sum of money for that purpose, it was the accumulation of passage moneys that had been paid; that was the money for one ship, I think it was the El Dorado—I was not present at any portion of the time when the conversation took place between Mr. Thompson and Mr. Wanostrocht; it was in a private office, I heard no part of their conversation—there were a great many complaints about the nonpayment of detention money, that is money given for the time of their being delayed from sailing, money paid back to the passengers—I know that in a great many instances it was paid by Mr. Thompson—in consequence of these various payments, Mr. Thompson's funds were very much reduced—he remained at the office up to the commencement of Oct. I think, or about the latter end of Sept.—at the time I met him at Paddington I made known to him that warrants were out against him—his papers and books had not then been seized; that was done at the last examination at the Mansion House—when I told him that warrants had been issued against him, he did not say that that fact would ruin him; he said he hoped to settle it—I am not aware that he said it would so damage his character as to ruin him—I cannot exactly tell how many cases he did settle, or how much money he paid; I know it was a large sum—that was paid in consequence of the repeated applications at the Mansion House—there was a very frequent correspondence between Messrs. Baines and Mr. Thompson, and also telegraphic messages—when Mr.
Thompson was absent from the office, I had authority to open the letters from Liverpool—I acted upon the instructions in those letters in Mr. Thompson's absence—I treated Mr. Thompson as the agent of Baines and Co throughout—I know that he has paid them thousands of pounds in the course of the last year—that was all passage money—as far as I know, they never repudiated his authority until after the public investigation at the Mansion House—I saw all the letters that came—the large sums of money were paid on account of parties that shipped from Liverpool—(looking at two letters) I have seen these before, I acted upon them—cards of Mr. Thompson's were circulated respecting the South Sea. and I believe advertisements were inserted in the Times; there were also placards—Mr. Wanostrocht took several of them—I believe I have seen Mr. Baines at the office, but I could not swear to it; I believe I have—I am not aware that Mr. Baines saw any of these placards—I do not know Mr. Mackay—I have had frequent opportunities of witnessing the conduct and character of Mr. Thompson, and from everything I have seen and heard I believe him to be an honourable man—(looking at some papers) these are the telegraphic despatches that have been received from Baines and Co.—I know of no other business between Mr. Baines and Mr. Thompson except that which had reference to the emigrants' shipping—I know there is such a firm as Fry and Davison, I am not aware that Mr. Thompson has acted for them, not while I was in his service, nor for Marshall and Etheridge.
MR. PARRY. Q. You have been asked about detention money, and the prisoner settling a great many claims; for what vessels was that paid? A. For the Lady Ebrington, the South Sea. and the City of Lincoln—they were not all vessels that Baines and Co. were agents for—there was a warrant out with reference to the Lady Ebrington—she did not belong to Baines and Co.—I do not know where the prisoner got the money from to settle those claims, I believe he drew it out of the bank—that was not after the warrants were issued; the warrants of the Lady Ebrington have never been settled—it was whilst he was in the business that he paid the detention money, before he left the office—I know that he received all these moneys for the South Sea passengers—Lewis and Co. were agents for the Lady Ebrington—they did not repudiate his agency.
JAMES BAINES . I am a ship-broker and ship-owner, at Liverpool, Captain Brett is the owner of the South Sea—we were agents for the vessel in Liverpool—John Jaffery and Co., of Great St, Helens, were the London agents of the vessel—I know the father of the defendant, he was repeatedly at our office in June last, making inquiry about the Black Ball line of packets; you will find a correspondence before you concerning it—I cannot recollect the first time I saw the prisoner, as the older gentleman was the person we always saw—I have known the prisoner probably since about Aug.
Q. Was he in any way, and if so, to what extent, employed by you in reference to the South Sea? A. We made arrangements with Thompson Brothers, not only with the South Sea. but with previous vessels, to take passengers from them at a certain rate; it was no business of ours whether they got a profit or loss—we used to take a certain number usually by each ship, and if we could take more we used to send them word—the South Sea was the last vessel—we arranged to take certain passengers on certain terms.
Q. Did you at any time give the firm of Thompson Brothers, or the prisoner who represented the firm, any absolute authority to dispose of berths in the South Sea? A. We agreed, as you will find in the correspondence, to take fifteen passengers from them, and they had a perfect right to engage
those, or get then where they could; we engaged to take from them fifteen passengers—they had no authority from me to give to parties the right to embark unless the passage money was paid to me.
COURT. Q. If the money was paid to you, it would give them the right to embark?A. Certainly for those that we agreed to take from them.
MR. BODKIN. Q. I believe you remember some of these persons coming down to Liverpool with these tickets that we have had before us to day? A. Yes; I refused to let them have berths on the strength of those tickets, for we had neither the names from Messrs. Thompson, nor the money; we could not know those persons any more than any strangers who presented themselves.
COURT. Q. Was there room in the vessel? A. Yes; you will find that up to the last moment we kept room, and advised them that we would do so.
Cross-examined by MR. SERJEANT WILKINS. Q. Was that your general mode of dealing with Messrs. Thompson? A. Yes, my universal mode of dealing; as I said before, if we made an arrangement for fifteen or twenty passengers, and afterwards found we could take more, we afterwards wrote or telegraphed them so, on the same terms; Mr. Wanostrocht was in my office at the time, he is a friend of mine, he is not a paid servant, he acted for us—I do not recollect his paying me between 500l. and 600l. on account of Thompson Brothers, in the beginning of Aug., but it is very likely—I have no doubt of it, I cannot speak positively as to the time, it might be July or Aug., but this I know that we took a large number of passengers from Thompson's—they paid us a certain amount in checks, and Mr. Wanostrocht being in London, had authority to call and receive the balance; I dare say they have paid me upwards of 3,000l. in the last year—Mr. Mackay is interested in a number of the ships, he is interested in the Australian trade with me, but not in my general business; this letter (looking at one) is my writing; the last remark is written by Mr. Mackay—independent of Thompson Brothers sending passengers to us they had similar transactions with almost every house in Liverpool—there is nothing due to us from them.
The RECORDER observed, that this was no doubt a very proper and important investigation; but after the evidence of the two last witnesses, it was in his opinion, difficult to say that the defendant might not suppose that any order to embark, given by him, would be obeyed—the question was not whether he had acted recklessly, or even had fraudulently kept the money, but whether he had fraudulently obtained it in the first instance. The Jury expressing their opinion that the evidence was not conclusive, MR. BODKIN stated, that after this intimation, he would not press the case further.
NOT GUILTY .
GUILTY. Aged 27.— Judgment respited.
(Rev. W. R. Poynter; Rev. Alfred Bishops; Mr. William Hutchinson, wholesale grocer; Mr. Whistler, farmer, all of Winchester; Mr. John Eyre, Government contractor; Mr. Strutt; Mr. John Hadley, of Brunswick-street; and Mr. John Bannister, of the Charterhouse, gave the prisoner a good character.)
168. CHARLES WITHAM HARBRIDGE , and HENRY HARRIDGE, alias Humphreys , stealing 8ozs. of quinine, and 4 ozs. of salacine; the goods of John Hodgkinson and others, the masters of Charles Witham Harridge.—2nd COUNT, charging Henry Harridge with receiving.
MESSRS. CLARKSON and LUCAS conducted the Prosecution.
JAMES JOSEPH . I am a clerk in the employment of Messrs. Hodgkinson, who carry on business as wholesale druggists, at No. 213, Upper Thamesstreet—many of the articles in which they deal are of a valuable kind—the prisoner Charles Witham Harridge was an assistant in the employment—he was in the dry department—that is the department in which drugs of a valuable kind are kept—we keep salacine and quinine there—I remember the policeman Evans calling upon me—it was on Wednesday, 1st Dec—in consequence of what he said to me, I went to Mr. Slipper's, a retail druggist in Leather-lane—I there saw certain drugs which Mr. Slipper said he had purchased—they were shown to me in the presence of the officer Who accompanied me—I returned immediately and communicated to the firm what I had learnt; and one of the firm, Mr. Tonge, fetched a bottle of salacine from the warehouse, and in my presence he scratched the label on the bottle, and requested me, being resident on the premises, when all the other servants were gone, to mark others—I did so on the same day, the 1st Dec.—the labels on the bottles are blue, and printed in gold; it is a French preparation—I marked other bottles in the same way—the salacine was marked the same evening, and the quinine I marked on Sunday, Dec. 5th, nothing was said about quinine on the 1st—I marked the quinine with invisible ink—I marked it in consequence of some further information which I got from Mr. Slipper—I had been to Mr. Slipper's, and desired him to ask for more quinine—after marking the salacine and quinine, I replaced them in their several places whence they were taken—that was a place to which Charles Harridge had access; it was in the dry department—these were not wet goods, they are powders—I afterwards called on Mr. Slipper, on 9th Dec, in consequence of a communication from him, and he showed me some salacine and quinine; there was eight ounces of quinine, and four ounces of salacine; they were parts of the quinine and salacine that I had marked—they were in one ounce bottles.
Cross-examined by MR. BALLANTINE. Q. How long have you been in the service of Messrs. Hodgkinson? A. Between eleven and twelve years; I think the prisoner Charles has been there between two and three years—it may be possibly more, but I think not three years—I should imagine that he must have come with a high character, he came from a respectable customer—the firm usually take great care of that circumstance—the firm consists of five partners; they are all in the business—there are between thirty and forty servants—there are several persons who have access to the dry department, no strangers are ever there—persons coming there to deal would not have access there; they could not—the quinine was kept in a chest locked—that is in the department of Charles Harridge—there is a key which is kept on a post before the warehouseman, for the use of the others—anybody could have access to it whose business it was to procure goods for the wrappers—there are only three in that department—either of those three would have an opportunity of taking it; that would not apply to a porter—when a person had an order, he would go and take the key and go to the chest, and take any quantity he wanted for his order—he would not ask the warehouseman for permission, if the warehouseman was there he would see him—he is not always there, he is mostly—Charles Harridge was in that department—I am sure of that—he was a weigher, it was his business to procure these things—he was in the room where the quinine was kept—the other weighers were also there—the prisoner would not have to weigh quinine,
it is kept already weighed in one ounce bottles; a weigher would have to procure goods from different parts of the warehouse, and take them to the wrappers—he would not have to apply to the warehouseman for an order to take quinine if he wanted it, he would take the key and proceed to the chest—there is no permission required from the warehouseman, I presume it is merely a safeguard against the porters—I cannot say whether the prisoner ever got any quinine in his life, he may have done so, I cannot say that her has, I was a clerk in the counting-house—he was not a wrapper—I believe it was not the practice for the wrappers to get the quinine, but being a clerk in the warehouse I do not know the exact minutiæ of the thing—I know the practice of the warehouse—it is the duty of the weigher to proceed to any part of the warehouse to procure such articles as the wrapper may require—I presume quinine is no exception to any other article—a weigher is a man who weighs—the quinine is not weighed at the time, it is in bottles kept ready for delivery—the weigher would have no occasion to go to the quinine for the purpose of weighing it, he would have to procure it for his wrapper; the wrapper always stands at the counter—I believe the prisoner Charles is between twenty-two and twenty-three years of age.
MR. CLARKSON. Q. Had he access to the quinine if he were so minded? A. Unquestionably.
COURT. Q. What is the value of this quinine? A. About 9s. per oz., and the salacine 4s. 6d. an oz.
JAMES SLIPPER . I am a retail druggist, of Leather-lane. I know the prisoner, Henry Harridge; I have always known him by the name of Humphreys—I think I first became acquainted with him in June last—I have made purchases of drugs of him on several occasions—in consequence of what transpired on the matter, I communicated with our wholesale druggist, and they sent the police to me—Evans was the man that I saw—it was principally quinine that I purchased of Henry Harridge, nitrate of silver, and iodine—it was in June that I made the first purchase—I should think I made purchases of Henry Harridge about twelve or fourteen times—upon Mr. Joseph calling upon me, after seeing the police, I made a communication to him, and showed him some drugs—in consequence of directions from Mr. Joseph I sent to No. 418, Strand, to Humphreys, for 8 ozs. of quinine and 4 ozs. of salacine—I received them on 9th Dec, I think—Henry Harridge brought them to me (produced)—each bottle of quinine contains an ounce—one of the bottles was tested by acid before the Magistrate—this is it—I have eight of these bottles—I have a mark of my own on them; these are the bottles I purchased of Henry Harridge—I paid 4s. 9d. an oz. for the quinine, and 2s., 6d., for the salacine—at that time I was in communication with the police—after I had made this purchase, I sent for Mr. Joseph and showed him these articles.
Cross-examined by MR. PARRY. Q. In the first instance when you dealt with Mr. Harridge, he was acting, was he not, as the agent for a principal whom he introduced to you? A. No, he did not introduce any principal—I saw no person with him—the first parcel of quinine that I bought of him, I ordered of another person—I do not know that that was a person of the name of Humphreys—I did not consider Henry Harridge as the agent of that person; the prisoner brought me the parcel which I ordered of the other person—that was the first order I gave—the person who called on me was a stranger; he represented that he had some drugs to sell, which he had bought in a sale with other things, and among other things he had 3 ozs. of quinine to sell—I ordered it of that person, and the prisoner, Henry Harridge,
brought it—I have seen that person once since, but I do not know him—I saw him last on the 7th or 8th Dec., I did not order anything of him then; the only order I gave him was in June—he called on me to solicit orders—he did not mention quinine, or anything specially, but simply to solicit orders—Henry Harridge had then received my order for these things—drugs are purchased at sales to a very considerable extent—I purchased the first lot without any hesitation—this quinine was manufactured in France; the salacine I should imagine is either German or Italian, by the appearance of it.
JURY. Q. What is the discount allowed to the trade on these articles? A. I believe quinine is a net article generally, or there may be 2 1/2 per cent. discount.
MR. PARRY. Q. What did you give for the first three bottles of quinine which you bought? A. 6s., an oz.; I will swear that I gave 6s., for that—I considered that a tolerably good bargain—I am not in the habit of dealing with persons who come into my shop casually—I never made a good bargain of that kind before, not that I was ashamed of—I should have been ashamed if I had bought these; I do not mean that at 6s. an oz., but I should have been if I had continued to buy of people at that price; a man might have 3 ozs., which he met with at a sale, which he would be glad to get rid of—I had thirteen or fourteen transactions, in every one of which I can show you the goods if you like—I mentioned the circumstances after the first transaction in June; not to Messrs. Hodgkinson, but to another wholesale house that I do business with, Davey, Macmurdo, and Co.—I mentioned it to their traveller at the latter end of July—I had not bought anything from June to July; I have not sold the goods that I bought, I have kept them—I first gave 6s., an oz. for the quinine; in July I gave 5s., it was that transaction that I first mentioned—the memorandum I am referring to is taken from my book, my cash book is not here.
MR. CLARKSON. Q. Let us understand—you say you made a purchase in June, and afterwards communicated to your wholesale druggist—how soon after that did you come into communication with the police? A. I think about the middle of Oct.—the purchases which I made from the middle of Oct. down to the present time were known to the police—these things that have been produced are a portion of what I purchased on 9th Dec.—this is the mark which I made myself, it is merely the price and date—I also marked the salacine—I made a mark on all the bottles.
JURY. Q. Was it the lowness of the price that induced you to purchase the first parcel of a stranger? A. It was—it was not the first parcel that induced me to communicate with my wholesale druggist; it was the repetition of the thing.
MR. JOSEPH re-examined. I have an acid here to reproduce the ink which I put on the bottles—they are all marked in the same place—it is at the right hand bottom corner, beneath the word "Paris"—they are all marked alike, with the initials of the firm, "H. T. S."—(the witness here applied the acid, and pointed out the effect to the Jury)—what I have applied is a solution of iron—I am enabled to say, on my oath, that these are the bottles that I marked and placed in the warehouse on Sunday, 5th Dec.—the salacine I marked on the 1st Dec.—this is the salacine I marked—that is not a chemical mark—the gold is scratched at the right hand top corner—the eight bottles of salacine are worth 3l. 12s., and the salacine 18s.
SAMUEL EVANS (policeman). I was sent for by Mr. Slipper with respect to some drugs which he had purchased, I believe on 28th Oct.—in consequence of what he told me, I called on several of the wholesale druggists, and
among others on the prosecutors; and in what they have done, they have, I believe, acted under my advice.
Cross-examined by MR. PARRY. Q. Have they paid you for your advice, or has it been gratuitous? A. Gratuitous.
MR. CLARKSON. Q. In the performance of your public duty? A. Yes.
JAMES MILLS . I am a porter to Messrs. Hodgkinson. I know the prisoner, Charles Harridge—I have taken several parcels for him—I took one at the latter end of the week before he was taken; I cannot exactly say the day; I think it was Friday—I think I had not taken any other parcel for him that week—I think I only took one parcel that week; I cannot say whether I did or not—the parcels that I did take for him I took to his lodging, at No. 418, Strand—I was taken into custody about this myself, and was afterwards examined before the Alderman—as near as I can remember, it was on the Friday before he was taken that I took the parcel—I do not remember going out at all on the Saturday—there is no particular reason that makes me think it was the Friday.
Cross-examined by Mr. BALLANTINE. Q. Was it a parcel of dirty linen? A. I believe it was; he told me so; it was something very soft—it was not bottles—he was in the habit of sending his dirty linen to get washed—those were the parcels that I was in the habit of taking—that was what he told me they were—this particular parcel was soft; there was nothing hard in it that I know of.
MR. CLARKSON. Q. Are you able to say that there was nothing hard in it, or did you merely take it to be linen from what he told you? A. I took it to be that from the feel of it—it was about that long (about a foot and a half), and about that width (about a foot).
COURT. Q. Do you say that that appeared like linen? A. Yes—I took one parcel on the 13th—I am speaking of the one I took on the Friday—they were both soft, and both like dirty linen—the one I took on the Monday was rather larger; it was a light parcel—I took them to No. 418 Strand—the prisoner told me he was lodging there.
JURY. Q. Had you been in the habit of taking a weekly parcel, or more than one a week?A. Not always; sometimes one a week; I think it was three weeks before I had taken any—I never took more than one a week—in this case I took one on the Friday and one on the Monday—I had never taken two so close together before—No. 418, Strand, is a corner house, up a court, the first door on the right hand—it is near the Lyceum or Adelphi Theatre, I do not know which.
HANNAH EPHGRAVE . I reside at No. 1, Thatched House-court, Strand, that is the same as No. 418, Strand—I know the prisoners, they have lived there seven months—Charles occupied the back bedroom, and Henry the front, both on the same floor.
Cross-examined by MR. BALLANTINE. Q. Do you ever see Charles go out at the gate? A. Yes; I do not know whether he has a working dress at the warehouse—I knew them by the name of Harridge.
COURT. Q. Do you occupy the house? A. Yes—I have no servant—I do not remember taking any note in, in the name of Humphrey—there have been inquiries at the house for persons named Humphrey, but not knowing the name, we could not tell who it was—Henry Harridge and his wife lived there, and their three children—the prisoners waited on themselves.
BENJAMIN STEWARD GIBSON . I am clerk to the firm of Hodgkinsons—I produce the petty cashbook—it is my duty to enter in it any purchases made by anybody in the firm—I have never sold any quinine or salacine to Charles Witham Harridge.
Cross-examined by MR. PARRY. Q. Is it necessary for the weighers to wear a working dress? A. Yes, in summer they use a blouse, and at other times an old coat nearly worn out.
JOSEPH JEFFCROAT . I am in the service of Messrs. Hodgkinsons, and am assistant on the same floor as the prisoner—I have never received any quinine or salacine for Henry Harridge; I never saw him there, I do not know him—I never removed these bottles from my employers' premises.
Cross-examined by MR. PARRY. Q. Do you mean you do not know Henry Harridge at all? A. I never saw him till I saw him in the witness box—I do not know a person named Humphreys—the key by which the quinine could be got at was kept in the warehouse, which the prisoner Charles had access to—five assistants also had access to it—twenty other people might have access to the warehouse, but they were ignorant of where the keys were kept—the key was visible—there are a variety of other things kept in the same room, but not to which that key would give access—Mr. Williams and Mr. Coles, two assistants, had the care of the quinine; they are in the habit of getting it when required, and I occasionally get it—no other persons get it, unless directed by one of those three parties—the prisoner Charles had no right to go to the box unless he was directed by one of us three.
COURT. Q. How many men work in the same warehouse with the prisoner Charles? A. Five, Mr. Coles, Mr. Williams, myself, Mr. Hadley, and Mr. Owen—Green does not work there.
COURT to JAMES SLIPPER. Q. Do you know how the prisoner, Henry, got his living? A. No—I sent a note to No. 418, Strand, directed to Humphreys, by post.
NOT GUILTY .
MESSRS. CLARKSON and LUCAS conducted the Prosecution.
JOSEPH JEFFCROAT . I am an assistant to Messrs. Hodgkinson, in the dry department, the same floor as the prisoner—it is the custom to keep musk in that department—it was my duty to grain the musk—it is imported in small pods, and I have to take the grains from the pods, and place it in bottles; the prisoner had access to the musk at all times—I have missed some on three different occasions.
Cross-examined by MR. BALLANTINE. Q. When was the first time that you missed musk?A. The latter part of July last; I did not mention that to my employers, I thought it might have been sent out without being entered through the books in the warehouse—that did not often happen, it might occur—I missed the second in Aug.; I did not mention that to my employer, because the quantity missing was small; I missed the third lot in Oct.; I did not mention that, the quantity being small—I have owed the prisoner money; I owed him 5l. 7s. when he was taken into custody, it has been paid to him—it was a debt of honour which I had incurred; it was a gambling debt—I am not aware that there is a good deal of that going on in our establishment, I mean to swear that—in the early part of the present year there have been such transactions—I do not know that the Messrs. Hodgkinsons themselves were mixed up with it—I never knew them to go betting houses—the 5l. I owed the prisoner was a bet which I lost at the end of the year—Mr. John Hodgkinson may have betted with his clerks; I never saw it, I have heard it, it may be so, I have heard that it was so—if I am bound to believe what I hear, I believe it—I am not aware that Mr. John
Hodgkinson is here, I have not seen him here—I did not owe any other debts of honour—Mr. John Hodgkinson it the head partner—I am sure this was the only debt of honour I owed; I have had three gambling transactions in the last nine months; I think it is only fair to state what I have done during that time—in April last I had a transaction with the prisoner—I receive 120l. a year—I have access to the musk; all the young men have access to it—I know this musk by the quality of it, (examining it,) I will swear to the quality of it—there are some small gray hairs in it, which I placed in the bottle with the musk—that is uncommon—it it a custom that I have adopted, merely to give an appearance to the musk, to identify it—I can identify it from the hairs; I have done that for eighteen months—there has been a considerable quantity of the musk sold during that time—there was hair in that—we are wholesale chemists—the hair is taken from the outside of the pod of the musk, it grows on the pod, it is not part of the musk itself, musk is a grain—the hair was not intended for adulteration—I took the hair off the surface of the pod and kept it in a bottle, and added a small quantity to the grain musk, so that I could detect at any time whether or not the musk was sold from us—it is not commonly found in musk—I have seen it with other chemists—I have not seen it from other chemists in the same way—I have not seen hair in musk supplied from other chemists, they may do it—I have not said that I have seen it; there are two qualities of musk—this is the finest quality; the difference in quality varies very much, it is perceptible, it is very different in flavour, the finest is dry, and easily pulverised; the common musk is soft, devoid of flavour, and requires a great deal of time to get into powder—the finest comes from China; it is the prodace of an animal, a rat or a cat, it is a particular part of the body—the value of it is 80s. an ounce—this quantity produced is worth 6s.
JAMES JOSEPH . On 5th Dec. I examined a room, in which the young men's boxes are kept, where they change their clothes—I examined the box used by the prisoner—I saw this musk in it—Green and Cotty, two other clerks, were there to assist me—I did not mark the musk—it was wrapped up in three separate papers—I looked at it, but, not having any experience in the warehouse, I did not examine it, but Green weighed it in my presence—there was forty-two grains—I afterwards missed it from the box on the following Sunday, Dec. 12th—the prisoner was taken into custody on Tuesday, Dec. 14th—there was some musk produced at the Mansion-house as from the prisoner's lodging—I have every reason to believe it was the same musk, and the same quality, that I had seen in the box; for when it was produced at the Mansion-house, it had three papers round it, and appeared to be precisely the same.
Cross-examined. Q. Where was the box in which you first saw it? A. In a portion of the warehouse where the young men change their clothes—each has a separate box where he keeps his working dress—it is not locked; in fact the cover is loose altogether—they keep their working dress there—I think in this box there was a pair of trowsers, and a coat, or blouse, or something of that kind, a great number of letters, and the musk—the musk was in among the letters—it was on Sunday, Dec. 5th, that I saw it—I cannot tell you why it was not taken possession of then—I have not done anything in the betting line lately; I have done so—I think I have done so twice with the prisoner, but not within the last two years—I did not identify the musk by the hair—I think the reason why we did not take possession of the musk then was, because it was strongly suspected that the prisoner was robbing the firm, and it was left in order to see whether it would be removed or not;
on the following morning I communicated that fact to the firm, immediately on their arrival—I communicated it to Mr. Thomas Hodgkinson—he has been here to-day—I also communicated it to Mr. Tonge—the box it was in has not been removed—it belongs to the firm—the letters were removed by the officers—they were not taken away at the same time as the musk—I am positive about that—the letters remained there till after he was taken into Custody, and the officers came there and removed everything that belonged to him.
GEORGE TONGE . I am one of the partners in the house of Hodgkinson and Co., wholesale druggists, of Thames-street. The prisoner was in our employ—on Monday morning, 6th Dec" Mr. Joseph made a communication to the firm about some musk; I did not see it myself.
Cross-examined. Q. You had a good character with him? A. Three years ago; it was such as satisfied us at the time—we got it from a chemist, to whom he served his apprenticeship—I do not know whether any chemists allow the hair to remain in musk.
OSMOND ROLLS GREEN . I am clerk in Messrs. Hodgkinsons' countinghouse. After remarking the quinine alluded to in the last case, I went to a box known as Harridge's box, and saw a paper of musk—on 5th Dec. I accompanied Mr. Joseph to the box to examine the musk, it weighed 42 grs.—this is it (produced)—it was in three papers, one within another.
Cross-examined. Q. Have you ever taken any musk?A. No; I have taken a dose of physic from the warehouse, and paid for it—perhaps I have taken a box of pills, and not paid for it—I do not consider that the permission to take medicine extended to scenting love letters with musk, certainly not.
JOSEPH COOMBER KNIGHT (policeman). I took the other prisoner, Henry Harridge, on 11th Dec, and on searching the lodgings I found in this prisoner's box (produced), a small parcel of musk, with a quantity of letters addressed to him; it was wrapped up in these three papers.
Cross-examined. Q. Are the letters given back to him? A. No; they are here—I have read some of them; they are chiefly love letters.
ADAM SHELFORD (City police-sergeant, 58). I took the prisoner into custody at Messrs. Hodgkinsons' warehouse, and took him to the station—he was remanded next day—he said on the remand, as near as I can recollect, "There is nothing against me; as for that little musk that was found at my lodging, I do not consider that anything," or "that amounts to nothing."
JOSEPH COMBER KNIGHT re-examined. The prisoner was in my charge at his last appearance at the Mansion House—as we were in a cab coming to Newgate with his brother Henry and sergeant Shelford, the prisoner said he should not mind doing twelve months if he could get Harry off altogether.
Cross-examined. Q. Did you ever mention that before in your life? A. Yes, to the solicitor—I never mentioned it in public before; I have not been in public.
ADAM SHELFORD re-examined. I was in the cab going from the Mansion-house to Newgate, and heard the prisoner say he should not mind doing twelve months if, I think his expression was, he could get his brother Charles off—no, if he could get Harry off.
Cross-examined. Q. Did not you say just this minute, "if he could get
his brother Charles off?" A. Yes; but I corrected myself instantly—on my oath, it was not Henry who made the remark; I can state Henry's reply to it, which was, "It will be worse for me, as being the receiver"—I never told anybody till the present moment that I heard this—I was not examined in the last case—I have been an officer twelve years.
NOT GUILTY .
NEW COURT.—Tuesday, Jan. 4th, 1853.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald.
FARNCOMB; Mr. Ald. SALOMONS; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Sixth Jury.
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 28.— Confined Two Years.
MR. ELLIS conducted the Prosecution.
MARY WHITESIDE . I am the wife of John Whiteside, who keeps a general shop in Riding-house-lane. On Saturday 11th Dec, the prisoner came to buy some stockings—I asked her 5 1/2 d. a pair, for two pairs—she disputed the price—she at last picked out two pair for 6 1/2 d.—she pot down a shilling—I took it, went across to the other counter, and put it in the trier—I found it was bad, and I said, "You wicked woman to beat me down in the price, and then give me bad money"—she said her husband was outside, and he would give her some good money—I said she should not leave the shop till I gave her in charge—an officer came, and found three other shillings in her hand—I gave the shilling the prisoner gave me to the officer—I put my mark on it before he mixed it with the other three.
Prisoner. Q. Did you not state that I came with another woman? A. Yes; that woman wanted you to pay for her stockings; I put my back against the door, to prevent your going out; you tried to get by me; you said to the woman that you would not pay for her stockings, as you had lent her 6d. previously.
Prisoner. Q. Did not she say that the woman said to me, "You pay for them," before that woman ran away? A. I did not hear her.
Prisoner. I went with this woman; she selected one pair of stockings, and told me to pay for them; I had four shillings in my hand, and two duplicates; when the witness sent for the policeman, the woman ran away; my husband has been dead four years.
GUILTY . Aged 47.— Confined Twelve Months.
MR. ELLIS conducted the Prosecution.
ELIZABETH MILLS . I am the daughter of Frances Mills, who keeps the Duke of Wellington, in Coleshill-street. On 16th Dec, a woman came, about half past 1 o'clock in the day—I am not certain that it was the prisoner—she asked for a pint of porter—I served her, and she offered me a half crown—I tried it—it was bad—I told her it was bad, and returned it to her—she said she would fetch another, and said she lived in Caroline-street—she appeared to be a servant.
FRANCES MILLS . I am the mother of the last witness—I keep the Duke of Wellington—I recollect the prisoner coming that day—I am sure she is the person—I called my servant to follow her, and she was brought back by the officer—I asked her what she had done with the half crown—she said she had broken it up, and thrown it away as she was going down Caroline-street.
JOHN DAVEY . I am waiter at the Duke of Wellington. I was told by Mrs. Mills to follow the prisoner—I followed her down Caroline-street, and several other streets, to Grosvenor-road, where I gave her in custody—the said she had thrown the money away, and she had not got anything about her—nothing was found on her.
MARY JANE PETHERIDGE . I am barmald at the Trevor Arms, Knightsbridge. I saw the prisoner on 18th Dec—she came about 10 o'clock in the evening for a pint of porter, in a jug—it came to 2d.—she gave me a half crown—I tried it, found it was bad, and told her so—she said she lived in Trevor-square—I gave the half crown to Mr. Street, my master's brother.
ROGER STREET . I was called by the last witness on 18th Dec, and got a bad half crown from her—the prisoner was present—I asked her where she came from—she said, "From No. 8, Trevor-square"—I told her I would go and inquire whether she came from there, as I did not believe it—she said it was no use to go there; a gentleman gave it her, and she was obliged to get rid of it.
JOHN CUTTING (policeman, B 235). I took the prisoner, and got this half crown from the last witness—the prisoner said a gentleman gave it her, and she was obliged to get rid of it—she said she lived in Old Pye-street—I went there, and found some prostitutes, who said she slept with them.
Prisoner's Defence. I am an unfortunate girl; I had it given me, and did not know it was bad.
GUILTY . Aged 19.— Confined Six Months.
NOT GUILTY .
WILCOX pleaded GUILTY . Aged 24.
ALGAN pleaded GUILTY . Aged 22.
Confined Twelve Months
MR. ELLIS offered no evidence against Jackson.
NOT GUILTY .
MESSRS. ELLIS and LILLEY conducted the Prosecution.
in company with a female, in Butcherhall-lane—I saw the prisoner pass something to the female, and they separated—the female went to the right, towards the Old Bailey, and the prisoner crossed Newgate-street, and turned towards Cheapside—I then missed the woman for a time—I looked into Messrs. Grossmith's shop, and saw her—she came out, and I went in, and received some information—I came out, and saw the prisoner between Foster-lane and the end of Cheapside—he went down Foster-lane—I followed him, and stopped him in Carey-lane—I told him I suspected he had some base coin about him—his hand was in his pocket at the time—I turned him round, and a witness who is here said, "One of you gentlemen has dropped a glove"—I saw a glove lying; I took it up—it contained nine half crowns, wrapped in separate papers—I did not drop the glove.
GEORGE EDWARD STANLEY . I am a money taker, at Drury-lane Theatre. On 22nd Dec. I was in Butcherhall-lane—I saw the prisoner and a woman looking in at a bookseller's shop—the woman left, and went round to the right, and I afterwards saw her in Grossmith's shop—the prisoner was on the opposite side of the street—he went towards Cheapside, and the woman also—she stopped at the corner of Newgate-street, and looked round till the prisoner came up—they were in conversation about a minute—the inspector then followed the prisoner, and I lost sight of the woman.
GEORGE EDGECOMB . I am a jeweller. I was at the corner of Carey-lane on the 22nd—I saw the inspector take the prisoner into custody—directly he took him, I saw a glove drop from one of them, but I could not say which—they were together—the inspector had got the prisoner by the arm—I saw the inspector pick up the glove—when he got to the station I saw that it had nine bad half crowns in it.
Prisoner. Q. How near were you to me? A. About a yard or a yard and a half—I was coming from the Post-office—I cannot say that it was you who dropped the glove.
WILLIAM FOX . I am warehouseman to Messrs. Grossmith, is Newgatestreet. On 22nd Dec. a female came into the shop, about the middle of the day; she called for a cake of honey soap—it came to 6d.—she offered in payment a half crown—I discovered that it was bad; I marked it, and gave it to Mr. Allen to try it—he bit it in two, and gave me the two pieces—I showed them to the woman—she gave me a good half crown, and I gave her two shillings in change—she asked me for the bad pieces—I would not give them to her—I kept them in my possession till I gave them to the inspector at the Mansion-house.
JOHN ALLEN . I am assistant to Messrs. Grossmith, wholesale perfumers, in Newgate-street. On 22nd Dec. a woman came for a cake of honey soap—she gave a half crown to the last witness—he put it to his mouth, and suspected it was bad—he asked my opinion, and I broke it—Mr. Fox went up stairs with the coin, and while he was gone the woman went out of the shop—the inspector came in, and I spoke to him—these are the pieces of the half crown that was tendered by the woman.
WILLIAM WEBSTER . This half crown that this tendered by the woman is bad—the nine found in the glove are all bad, and three are from the same mould as the one that was tendered by the woman; two of the others are from one mould, and two others are from another mould.
GUILTY . Aged 26.— Confined Two Years.
MESSRS. ELLIS and LILLEY conducted the Prosecution.
ROBERT DAVIS . My mother keeps a cooked-fish shop, at No. 16, Stanhope-street, Clare-market. On 14th Dec. I saw the prisoners and some other persons in the shop—they had 4d. worth of eels—a half crown was given in payment, and Thomas M'Donald said, "Don't change half a crown; I have got a shilling"—he put down a shilling—I put it to my mouth; it bent, and was black—I called my mother, and gave it to her.
Cross-examined by MR. PAYNE. Q. Did it taste bad? A. Yes; it was not so nice as the fish—I have not got it here; it went down Thomas M'Donald's throat—I have never seen it since—my mother was in the parlour; I called her out; I did not go into the parlour to her—the prisoners had eaten the fish.
ELIZABETH DAVIS . I am the mother of the last witness, and the wife of William Davis. On 14th Dec, between 3 and 4 o'clock, I was in the back parlour—my son called me, and gave me a shilling—I looked at it, and I say decidedly it was bad; I have no doubt of it now, and I had no doubt then—I said to my son," Who gave you this shilling?"—he said, "This man"—I said to Thomas M'Donald," You knew it was a bad shilling"—he said, "You are a lying old b—r"—I said, "Let me be what I will, decidedly this is a bad shilling"—I wanted to go to the next door, to get them to let the errand boy go for a policeman; but Mary M'Donald took me by the neck, and would not let me go—Thomas M'Donald said, "Give me that shilling back, and I will give you a good one"—I said, "No, not till I get the good shilling"—Mary M'Donald gave him a good shilling, and he gave it me—I gave him change, and gave him the bad shilling back—he put it into his mouth, and swallowed it—he looked over the counter, and said, "Now, you old b—r, what can you do now?"—the prisoners escaped then, but they were afterwards taken, and the next morning I was at Bow-street, and saw them there.
Cross-examined. Q. Are you sure this was the man that was in the shop? A. Yes; he was not an acquaintance of mine—two men and two women came into the shop—the other man was going to give half a crown for what they had, and Thomas M'Donald said, "I will give a shilling"—when the boy said it was a bad shilling, the other man and woman ran away—these two prisoners stayed—I will swear it was this man that called me by that name, and nobody but him.
ELAM GLOVER (policeman, A 73). On the evening of 14th Dec., about 10 o'clock, I took the two prisoners at Charing-cross for being drunk, fighting, and using bad language; while they were on that charge the last two witnesses saw them the next morning and identified them.
THOMAS M'DONALD— GUILTY . Aged 25.— Confined Six Months.
MARY M'DONALD— NOT GUILTY .
MESSRS. ELLIS and LILLEY conducted the Prosecution.
GEORGE HUNT . I am shopman to Mr. Dean, a wine merchant. On 10th Dec. the prisoner came and asked for something; she gave me in payment a bad shilling—I bent it, and passed it to Mr. Dean; he asked the prisoner where she lived—she said in Poppin's-court opposite—she went out with Mr. Dean, and he afterwards gave her to an officer—this is the shilling I got from the prisoner.
WILLIAM HENRY DEAN . I am a wine merchant, in Fleet-street. I was called into my shop on that occasion, and the last witness gave me a shilling—I said to the prisoner, "You have tendered a bad shilling; tell me where you live, and if you live where you say, I will give you the shilling back"—she said she lived opposite, at Poppin's-court—I went there with her, and she pointed out a particular house—I saw the landlady of the house, and she did not live there—the landlady, Mrs. Kerslake, said to the prisoner," You don't live here"—the prisoner said, "You know I do live here"—the prisoner was then given into custody.
WILLIAM VENESS (City-policeman, 372). I took the prisoner, and went with her to Harp-alley; she pointed to No. 8 as the place she lived at—inquiries were made in her presence, and the landlord and the lodgers said they never saw the woman in their lives—the prisoner said, "You know I lodge here"—I received this shilling from Mr. Dean.
GUILTY . Aged 25.— Confined Six Months.
MR. PULLEN conducted the Prosecution.
THOMAS BENNETT . I am a wine cooper, and live in St. Margaret's court, Southwark, On 29th Dec. I was coming from a ball with Hannah Reardon—I was near St. Giles's Church between 1 and 2 o'clock in the morning—there was a group of men standing by the railings, and I asked Hannah Reardon to cross to avoid them—we did cross, and when I got to the first street on the opposite side, I was seized by the prisoner—I am sure it was him—I had a good view of him—Hannah Reardon ran in the road, and called "Police!"—a policeman came immediately, and the man ran in a different direction—the policeman went into Dudley-court, and brought the prisoner round to me—he asked me if that was the man—I said yes, that was the man that throttled me, and took half a crown from my pocket, and broke my watch chain—in the scuffle he had broken the chain from my watch, but the watch was left in the bottom button-hole of my waistcoat—there was an attempt to take my watch from me, but I kept my arm close to my waistcoat pocket—I swear that the prisoner is the man who throttled me; he pulled me down backwards, and in the act of falling, I had a full view of his face—I saw enough of him then to be able to swear he was the man—I had discovered I had lost a half crown before the prisoner was brought round to me—I knew I had it a few minutes before—the moment the prisoner ran away, I searched for the half crown and missed it—I had never seen the prisoner before.
Prisoner. A. Was I behind, or in front of you, when I caught hold of you? A. You were behind me—you are the man that caught my watch chain—you throttled me; I fell backwards—I have the lumps on my head now.
HANNAH REARDON . I am single, and live in Cressy-street. I was at a ball on 29th Dec.—I went there by myself, but the last witness had the kindness to see me home—we were close by St. Giles's Church; and as we came by the railings, I saw four men, one of whom was the prisoner—I took particular notice of them—we crossed, and had not gone on five minutes when the prisoner came behind Mr. Bennett, drew him backwards, and they punched him severely in the chest and stomach, and rifled his pockets; I saw the prisoner fumbling at his pocket after he was down on the stones—
I saw the prisoner distinctly—I had a great opportunity, for I was in the middle of the road—one of them, who was a tall man, in a white jacket said, "I will teach you to have anything to do with my girl;" and that tall man ran up Lawrence-street; I did not know the prisoner or any of them before.
Prisoner. She is a girl that walks the streets for her living. Witness. No, I am not; I can have a character anywhere; I cannot say that the prisoner took the half-crown.
THOMAS PAICE (policeman, F 73). I was on duty on the morning of 29th Dec, near St. Giles's Church; I heard the cry of "Police!"—I ran to the spot, and saw the prosecutor standing in the road, with his hat in his hand—he told me he had been knocked down, and robbed of a half-crown, and the prisoner had run down the court; I ran into Dudley-court, and saw the prisoner out of breath; I asked him which way he came; he said, "From Crown-street"—I brought him down to High-street, and this girl and the prosecutor recognised him as being the man—High-street is at one end of Dudley-court, and Crown-street at the other end.
Prisoner's Defence. When he asked me which way I came, I said I came from Crown-street, and that I had been in a public-house, having a drop of beer; he caught hold of me, and said, "Come with me;" as soon as I got across the road, he said, "I think you are the party;" and this man said I was; and then he said he thought he had lost a half-crown, but he did not know; the man did not want to come against me, but the officer fetched him away from his work to appear against me; the policeman and the inspector went down, and were gone two hours to fetch him; he said he did not think I was the man; he had a good deal of money left when he was at the station, and why was not that taken as well as the half-crown?.
GUILTY . Aged 25.— Transported for Seven Years.
OLD COURT.—Wednesday, Jan. 5th, 1853.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice WILLIAMS; Mr. Justice TALFOURD; Sir JOHN KEY, Bart., Ald.; Mr. Ald. WILSON; Mr. Ald. CARDEN; and RUSSELL GURNEY, Esq.
Before Mr. Justice Talfourd and the Third Jury.
NOT GUILTY .
181. FREONUXQ BADOSKI , feloniously uttering a forged 5l. Bank of England note; also 1 other forged 5l. Bank of England note; also, 1 other forged 5l. Bank of England note, with intent to defraud: to both of which be pleaded
GUILTY. Aged 26.— Judgment respited.
NEW COURT.—Wednesday Jan. 5th, 1853.
PRESENT—Sir JOHN KEY, Bart., Ald.; Sir WILLIAM MAGNAY. Bart, Ald.; Mr. Ald. SALOMONS; Sir ROBERT WALTER CARDEN, Knt., Ald.; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fifth Jury.
GUILTY . Aged 60.— Transported for Seven Years.
There was another indictment against the prisoner.
GUILTY . Aged 16.— Confined One Month, the last two days solitary.
EMMA SALTER . I am single, and live at Knightsbridge. One 18th Dec. I met a young man for whom I had been making a waistcoat, near the bar at Kensington—he paid me for the waistcoat, and we went into the Goat, and had some bread and cheese, and a pint of ale—I saw four persons there—the prisoner was one of them—I had no talk with them—they were passing some remarks on me; what it was I do not know—I and the young man left the public house about 12 o'clock—we went down the Gloucester-road—I observed the four persons that I bad seen in the public-house were following us—my friend left me just by the Gloucester-road, and I waited a few minutes as I saw the four men following me—I waited till the placeman came—he passed, and they were wishing him good night—I waited a few minutes for them to go—they came up to me, and smothered my face in mud, and the prisoner said, "Pin the b—r's petticoats over her head"—my pocket was cut off, and they opened a knife, and said they would rip me up if I hallooed—I hallooed "Murder!" and "Police!"—they took my handkerchiefs and my money, and all ran away—when the policeman came up, I went to the station—the prisoner was not taken till the next day—I did not see him before the Tuesday—this happened on Saturday evening—the prisoner cut my eye with his fist—it was one who was not taken who cut my pocket off—the prisoner was by at the time—my gown and shawl were torn.
Prisoner. Q. Did I say anything to you? A. Yes, you did by the Gloucester-road—I did not give a silk handkerchief to a young man in the public house—one of the chaps did not say to me, "I will give you a tanner"—you and another did not pass me by, while the other chaps remained with me—one of them did not give me fourpence, and then want it back, and I would not give it to him.
Prisoner. Q. Did I speak a word to you? A. Yes; you said, "Pin the b—r's petticoats over her head," and you cut my eye, and smothered my face with mud—I had not a black eye before—the eye was black and bleeding when I went to the station—this is my shawl that I had on, it has been cut and torn, and this is the gown from which the pocket was cut.
Prisoner. She had the gown and shawl in her possession till Tuesday; she might have done it herself, most likely she has.
MICHAEL POWELL (policeman, T 251). I was on duty, and passed this witness and a young man talking under a lamp post—after I passed I saw four men standing on the opposite side, under a hedge, where no foot passengers passed—I turned on my light and observed the prisoner and two others standing together, and another person at a short distance off—I asked what they were about, and they said, "Looking after some women"—I told them to go on, and fearing something was wrong I stopped a short distance off—I heard a cry of murder, and police—I came back and found the prosecutrix
with her face covered with mud; her eye was bleeding fresh; her pocket was cut out of her gown, and her shawl all torn—there was nothing the matter with her when I passed her just before.
Prisoner. Q. How many were together when you met us? A. Three; you and Dooley and Lane were together, and Keith was at a distance from you; I could distinctly see this girl's face as I passed; she stood under a gas lamp at the corner; you were not walking along the road, you were standing on the side of the road, in the dark; I asked what you were up to, and you said, "Looking after some women," and I told you to go home; I did not ask you how your arm was.
Prisoner. A man said, "That policeman that broke your arm is watching you, and he will give you three months;" I said, "I will go home;" I went home, and the next night I came to you. Witness. No, you were taken, and when you were in the cell you said to me that if I got you off you would divulge all about the others.
WILLIAM WESTON (policeman, T 75). I apprehended the prisoner the next night, in High-street, Kensington—I told him I wanted him for a highway robbery—he said he did not know anything of it—I said, "A young woman in Gloucester-road; you along with others"—he said it was not him, and he was not going to suffer for others, it was Lane and Dooley.
Prisoner. Q. You said, "I want you," and I said, "What for? I am going to the station house." A. No, you did not; I caught hold of you directly I got to you; you did not say, "I am going to the station house."
† GUILTY .— Confined Twelve Months.
WILLIAM ANDERSON . I am a labourer, and live in Lower Gun-alley, St. George's in the East. On 3rd Jan., about 9 o'clock in the evening, I was passing along Russell-buildings, carrying this parcel and this bag—the prisoner came and caught hold of the parcel—he could not get it—he tried at the bag—he could not get that—I held them tight—I had never seen him before—I sung out "Police!" and a policeman came to my help—the prisoner got his foot somehow, tripped me down, and tried to get these things, but I never let them go.
WILLIAM BOLAS (police inspector). I was coming past Russell-buildings, and saw the prisoner knock this old man down—I immediately apprehended him—the prosecutor was down on his back, and was holding this parcel in his hand—the paper is all torn off it, and he had this bag in his hand.
Prisoner. The officer took me, and said I had assaulted the man; I never touched him. Witness. I was close to him, and as soon as he knocked the man down I took him in my arms.
GUILTY . * Aged 32.— Confined Eighteen Months.
MR. PAYNE conducted the Prosecution.
WILLIAM APPS . I live at Burston, in Surrey, and am a bricklayer. I came by the railway to London-bridge on 15th Dec—I saw the prisoner there—he came up to me, and wanted to get into conversation—he asked me where I was going—I told him to Hackney—he said he was going that way, and he would forward me in the road—after we got over the bridge on this side of the water he took me up a narrow street which came into King
William-street, and in that narrow street he picked up a silk bag—he opened it, and took out a ring, with a bill on it, "Paid, 12s. 6d."—he said it was a gold ring, and said some one had been and purchased a ring, and given 12s. 6d. for it, and as I was walking with him, I should go halves—he said he had no money, or else he would give me half the value of it—he said he was going to take the money for a load of timber he had sent in—we got to the end of the street into King William-street, and be pulled out the ring, and wanted me to give him half the value of it, 6s.—I pulled out my purse, and gave him a half-crown, three shillings, and 3 1/2 d.—I had no more small change—I had the ring, and he had the money—he put the bag in his pocket—he then pointed out the way to Hackney, and said he was not going farther that way—that was directly after he got the 5s. 9 1/2 d.—I looked at the ring, went into a goldsmith's shop, and made inquiries—I had asked the prisoner if it was a gold one; he said yes, it was a gold ring, the stamp was on it—that was before I gave him the money—I found the prisoner the next morning by the railway station—I went up to him, and told him I wanted to see him—I had been searching for him—I beckoned to an officer, and he came and took him to the station—as the prisoner was going along, he said, "If you want your money you may have it"—I had parted with my money, believing what he said was true—I would not have parted with my money unless he had said what he did, and I believed him.
Cross-examined by MR. PULLEN. Q. How long were you with the prisoner? A. About a quarter of an hour—when we got to the little street he picked up the ring, and as he picked it up he said, "This is stunning, this is a good day's work; some one has been and purchased a ring at a shop for 12s. 6d.," and I believed it.
Q. Did you believe, or didyounot, that it had been purchased by somebody else? A. I did not think anything of it—I did not reason it—I thought as he picked it up some one had lost it—I believed it was somebody else's property, and that somebody else had just paid 12s. 6d. for it.
Q. Then you were going to appropriate somebody else's property worth 12s. 6d. for 5s. 9 1/2 d.? A. Yes; I was going to get somebody else's 12s. 6d. ring by paying this man, who did not own it, 5s. 9 1/2 d.—I asked the prisoner if it was a good one—I went to the jeweller's because I thought it was not worth the money—I went to ask the value of it, not to sell it—he would not let me look at the ring before I bought it—he would not let me handle the ring—as soon as I bought it and handled it he was gone, I gave the money over to him—I did not lend it him—he was to have the money and I the ring—I did not put it on my finger, I put it in my pocket.
NICHOLAS LEWIS (City-policeman, 576). I was with the last witness, and found the prisoner at London-bridge Station; I took him, and found on him two other rings, each marked 12s. 6d., similar to what the prosecutor has.
JOHN HENRY BORLEY . I am a watchmaker and jeweller, and live in London-wall—the extreme value of these rings is 2 1/2 d. a piece, they are made of brass and gilt—here is the imitation of a mark on this—the mark is generally the word "Love."
GUILTY . Aged 49.— Confined Six Months.
NOT GUILTY .
MR. PLATT conducted the Prosecution.
ALFRED CASH . I am a labourer, and live at No. 2, Princes-street, Whitechapel, the prisoner is my own brother; I would not wish to hurt him. On Wednesday night, 8th Dec., I was seated at home with my wife, by the fire, about half past 10 o'clock, my wife had her shoes and stockings off: in comes my mother, and she said, "Alfred, your brother wants you;" I said, "I am not going out to-night"—my brother came in and said, "What have you got to talk about me?"—my wife said, "Nothing Bill"—he made no more ado but up with his fist and struck her on the nose, and it was cut—I cannot say whether he had anything in his hand, but it was cut open and bleeding—I was in the passage when the blow was struck, and my mother and my brother's wife were holding me, preventing me from getting to my wife—I tried to get to her, and I at last got away and went to my wife's assistance; and during the time I was making the way to my wife, I received a blow on the forehead from my brother—I did not fall but I staggered; took my brother by the handkerchief and held him, and Mr. Greenwood held him, a gentleman who lived upstairs—I did not at any time see a knife in the prisoner's hand—before this was done, I had not given him any provocation at all—I was sitting quietly by the fire with my wife—the prisoner might have had a little drop, but he did not seem as if he had—we had had two pints of half and half, and a quartern of gin and cloves—he appeared a little the worse—I went to Mr. Mears, and had my wound dressed—it is now nicely, and well, thank God for it.
Cross-examined by MR. PAYNE. Q. Then he was not drunk at the time? A. No; I did not fall down—I caught him by the handkerchief and struggled—I gave him no provocation—he and I had been attending a summons at Worship-street that day, about a dolly—we went to a public house to drink—he asked me to go home to tea with him, and he said that after tea he would go home with me to tell my wife where we had been—I went home with him, and when we had sat down to tea my wife came in—she did not call my brother a thief, and my mother a—my brother did not ask my wife to come in, and have a cup of tea and be comfortable—I did not go outside, and knock my own mother down—I did not go outside the room—my mother was outside the room—on my oath I did not go outside and knock her down, and call her a w—I did not go in the road, pull off my coat and hat and say I would fight my brother in the street—I and my wife left my brother's place, and went home together—we were not quarrelling all the way home—I left my brother's house to go home with my wife, About 8 o'clock—my mother came into my room first.
Q. On your oath, did not your mother ask you, in your brother's presence, why you had called her a w—, and did not your brother ask your wife why she had called him a thief? A. No; he said, "What have you got to talk about me?"—my wife did not say to him, "If you do not go out of my place, I will cut your b—y head with the poker"—she did not make a blow at him with a poker—I did not jump up while he was resisting that blow, and seize him by the neckcloth and nearly strangle him—he called out," For God's sake, bring a knife to cut the handkerchief?"—the knife was brought and it cut the handkerchief, but that was after I had received the blow—when the handkerchief was cut and loose, I did not hit him in the eye—my wife did not strike him two or three times with the poker—my wife did not throw a cup out of her hand—there was no cup at all on the table—it was dark, I did not see anything at all in my brother's hand—my brother did not say to my wife, "Can you prove me to be a thief?"—(Mr.
Greenwood was there)—she did not say, "No, I cannot"—he said, "What have you to say about me?"—I said to my brother, "Walk out of my place, I will have no piece of work here"—when my mother came into the room, she said my brother wanted me—after my mother and brother were both in the room, I told my brother to walk out, but what my mother said to me I cannot tell with the bother—I cannot tell that it was not, "Why did you call me a w—?"
COURT. Q. Did you hear her ask you that? A. No; I did not.
MR. PLATT. Q. When you had got hold of the prisoner by the handkerchief, then he called for the knife? A. Yes; but I had at that time got the wound—my wife is not here—she was confined at 6 o'clock on Sunday, and she is now in bed, quite unable to come here—I was present when she was examined—the prisoner was present—he did not ask her any questions.
JOHN PETER GREENWOOD . I am a cabinet maker, and live at No. 2, Princes-street. On this occasion I was sitting in my room, which adjoins to the witness's room—I heard some persons go in their room, and I heard the prisoner ask Mrs. Cash whether she could prove him a thief—Mrs. Cash said, "No, I cannot"—I heard him then call Mrs. Cash a b—y w—Mrs. Cash said, "I am no more a w—than your wife is"—the prisoner said again he would break her b—y nose—the prosecutor directly said, "Go out of my place"—I heard a good deal of scuffling, and noisy words—I afterwards heard a cry of murder! from Mrs. Cash—I ran out of the room with the candle, and my wife too—I looked in their room, and in the corner I saw the prisoner with Mrs. Cash in front of him—he was punching her on the face, towards the nose and eyes, with his fist—I did not see anything in his hand—I ran in directly, and collared hold of him—she was bleeding very much from the nose—the prosecutor was being held by the prisoner's wife and mother, away from where the others were, close by the door—the prosecutor did not at all try to get to his wife—I gave the prisoner into his hands, and then took his wife into my room—I did not see anything done to the prosecutor—I had gone out of the room with the wife—I heard the prisoner say," Give me a knife!"—I saw the prosecutor at that time—he was not wounded then—he was holding his brother's neckhandkerchief—I had been out, and come back—the prisoner called for a knife, and I believe his wife brought one—he said, "Cut it"—when I saw the prisoner made to the door I got before him, and sent for a policeman—I had been out of the room about three or four minutes—I went in the room where the wife was—when the policeman came, I went into the room with him, and the prosecutor was cut on the forehead.
Cross-examined. Q. When you heard the knife called for, was not the prosecutor holding the prisoner tight by the handkerchief? A. Yes; the knife was called for, to cut the handkerchief—after that I saw the knife in the prisoner's hand, but I did not see it used—the mother was in the room at the time. '
COURT. Q. The first time you saw the prosecutor bleeding was when you came in afterwards with the policeman? A. Yes; I had not seen him bleeding before.
THOMAS MEARS . I am a surgeon, and live in Brick-lane, Spitalfields. On 8th Dec, about 10 o'clock, the prosecutor was brought to me—he had a clean incised wound on the forehead, and a punctured wound on the temple—the length of the incised wound was about an inch—it had been caused by some cutting instrument—the bone of his wife's nose was fractured.
Cross-examined. Q. Would the edge of a piece of crockery have made that incised wound? A. Yes, it might.
COURT. Q. What sort of a wound was that on the temple? A. I should suppose it had been done with some instrument with a sharp point—it had bled very much—it could not have been done without an instrument—he was smothered with blood.
MR. PAYNE called
ANN CASH . I am the mother of the prosecutor and the prisoner—I am the mother of fifteen of them—I remember the day when my sons had been attending at Worship-street, about a Dolly—it was on a Wednesday—I went that day to William Cash's house—I was with him all day—I was with them when they were drinking—Alfred is the eldest; he is nearly thirty-one—William is twenty-nine—Alfred went to tea with William; when he came from Worship-street, be went home with us and had a cup of tea—as soon as tea was over Alfred's wife came in, hallooing and scolding—William said nothing at all to her—she came in with her mouth open, abusing her own husband—I said to her, "Esther, come in and be comfortable with us?"—she would not, and she called me out of my name, but I looked over that—after tea was over and Alfred was gone home, I went with my son William to Alfred's lodging—Alfred was lying on the table—I said, "Alfred here is your brother William" the answer he made was, "I have drunk enough already"—Alfred's wife jumped up at him, and Alfred jumped up and began fighting—I said, "In the name of God don't fight"—there was no light, and Alfred turned round and knocked me down—I did not take any notice of that, as they had been drinking—I thought he knew no better—they had no light, and I could not see what happened after that—I stald till the policeman took William away—they held him so tight that they were obliged to get a knife and cut the handkerchief, or he would have been choked.
Cross-examined by MR. PLATT. Q. Did you afterwards see the prosecutor with a wound on his head? A. No, not before he was in the station house—I saw it then—it was so dark I could not see what was done in the room—I know who it was knocked me down, because one was inside and the other was outside—the fire was alight—I came with the prisoner's wife into Alfred's room—they were sitting quietly by the fire—Alfred said to the others, "Get out of my place!"—I did not see William go up and strike Alfred's wife—I did not hear her call out "Murder!" but it was said so by the people in the street.
Q. Do you mean to say that you did not yourself, with your daughter, hold Alfred Cash in the room on one side, to prevent his getting near his wife? A. No, Sir, I did not—I did not hold him away from his wife—I only said, "In the name of God, don't fight!"—I did not hear a call of "Murder!"—I did not see Greenwood till I saw him at the station—some one brought a light in the room, but I did not see it—I saw my son at the station—I saw the blood on his face, that is all I saw—I swear I did not prevent him from going to his wife's assistance—all I said was, "In the name of God don't fight I"—I do not know whether William's wife, who came with me, did anything to Alfred—all I know was I was knocked down—I was struck on my side—I cannot say where the other brother was when I was pushed down—I was in the room, but a mob came in—I have had no quarrel with Alfred.
(The prisoner received a good character).
GUILTY of unlawfully wounding. Aged 25.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution.
WILLIAM WORTH . I am a salesman to Mr. William Cook and others, in St. Paul's Churchyard. I have seen Reardon, Sullivan, and Flynn on the works at that immense building in St. Paul's Churchyard, opposite the south door of St. Paul's Church—on the evening of 20th Dec. I saw three men go up and down the ladders between 6 and 8 o'clock at night, and they crossed some boards, and pulled some lead off a house belonging to Mr. William Cook—in consequence of what I saw I set Joyce and another man to watch.
Cross-examined by MR. PULLEN. Q. Do you know Mr. Pugh's place? A. Yes, only for a few months—I did not notice it before these buildings were going on.
THOMAS JOYCE . I am porter to Messrs. Cook and Co. In consequence of what was told me by the last witness, I watched the premises—I saw Sullivan go up the ladder—he stopped between five and ten minutes, cutting the lead—I do not know whether it was with a knife or what—Sullivan came down across the plank and down the ladder—Flynn then went up, and when he came down Sullivan went up again, and was cutting the lead again—he put a piece under each arm and brought it down—Reardon was standing at the foot of the ladder—he took the lead of them—I watched them, and never lost sight of them till they carried the lead into the marine store shop—Reardon is the man that carried it—both he and Sullivan went into the shop—Flynn followed them in—the shop is ten or twelve yards from the building—I had the policeman waiting in Swan-passage—I beckoned him, and said that all three were in the house—before he got dose to the house Flynn came out, and he caught him by the collar, and took him into the house—the other two prisoners were there—the officer said to the marine store dealer, "I demand that lead that these men have sold"—he stooped down behind the counter, and picked it up, and said, "Here is the lead; I have asked them where they got it from, and they told me they found it in the rubbish, and Flynn came in and said, 'It is all right, master'"—the policemen took these three men to the station—Flynn lives next door to the marine store dealer's—this is the lead which the three men had—it weight 15 lbs.—I cannot say how long Flynn has lived next door.
Cross-examined. Q. Can you tell how long Mr. Pugh has kept the marine store shop? A. No; I knew nothing of him before; I knew he had a shop there—when I went in, the lead was given up instantly—after we came from the station we found one piece of lead of 10 lbs. or 12 lbs. on the plank that they all crossed over, and there was another piece of 18 lbs. found on the top of the house.
Reardon. Q. Where did you see me take this lead from? A. From the bottom of the ladder, about a foot or two from it.
WILLIAM LEWIS (City policeman, 358). About 7 o'clock that night the last witness called my attention—I went to the marine store dealer's—I saw one of the prisoners coming out of the shop, the other two were in—I took Flynn back, and asked the marine store dealer for the lead which these men had sold—Pugh stooped down under the counter, and said. "Here it is"—I asked him how many pounds it weighed—he said 15lbs., and he gave 1d. a pound for it.
Cross-examined. Q. You have known this marine store shop a long time? A. The last year and a half—I have not been in London longer than that.
MR. BALLANTINE. Q. When was it you first saw Pugh there? A. About ten months ago—the buildings have been begun about eight months.
WILLIAM BLEACH (City policeman). I was watching Pugh's premises on the morning of 21st Dec.—I saw a cart in Sermon-lane, Doctors'-commons, about 20 minutes before 7 o'clock—I made inquiries of the carman, and took possession of the lead—I took it to the station—I showed the lead to Mr. Cook's men—amongst it was this piece of gutter lead.
Cross-examined. Q. Is that Mr. Cook's lead? A. Yes; I have known the marine store shop the last two or three years—I have known Mr. Pugh five, six, seven, or eight months.
MR. BALLANTINE. Q. How long have the buildings been going on? A. More than twelve months—I did not see Pugh there before the buildings began.
JOHN COULSON . I am carman to Mr. Clark, Broadway, Ludgate-hill—on 20th Dec, between eight and nine o'clock in the evening, Pugh came to me—he told me to be at his shop at half-past 6 o'clock the next morning—I went, and was there about twenty minutes to 7 o'clock; I received two bags of lead from him—I was to take it to Pontifex's—the officer took that lead.
Cross-examined. Q. Yours was an open cart? A. Yes; the name and address was on it—I have taken other lead to Pontifex's from Mr. Pugh's.
MR. BALLANTINE. Q. How often have you done so? A. I think four times previous to this—sometimes about eight cwt., sometimes nine or ten cwt. old brass and copper together—I have generally taken it between 4 and 5 o'clock in the afternoon—I was generally hired at the time I was wanted, or a little before—I never carried lead so early in the morning before.
JOHN BULL . I am a porter, and live in Ivy-lane—on Monday evening, 20th Dec, I saw my brother at 11 o'clock—in consequence of his message, I went to Pugh's at 6 o'clock on the Tuesday morning to load the lead—it was dark.
JOHN GRAVETT HINTON . I am clerk of the works to Messrs. Cook; we had nearly 200 men employed—the prisoners were amongst them—I know the shop kept by Pugh—I do not know how long he has been there—in the autumn I spoke to Pugh; I told him we were suspicious from the men being drunk, that there was some broken iron taken from the premises; I guarded him against buying anything of the men employed on the premises, that they had no right to any of the things, and if they bad them they would be stolen.
Cross-examined. Q. When was this? A. In July or Aug.—I think we had then been at the works for two or three months—I know that a great many changes have taken place—many houses have been pulled down, and the building materials bought and sold—I did not tell Pugh the name of any men, or give him the likeness of any; I spoke of the men employed on the work.
MR. BALLANTINE. Q. Where did Flynn live? A. Next door to Pugh—Flynn was habitually on the works from the commencement.
WILLIAM BLEACH re-examined. I went on the roof of the house, No. 8, Little Carter-lane, and fitted this lead, which I found in the cart; it fitted the top of the house, No. 8, Little Carter-lane, belonging to Mr. Cook; the nail holes corresponded exactly.
Cross-examined. Q. How long have you known Pugh's place? A. I have known it as a marine store dealer's about two years—a great many houses have been pulled down between St. Paul's and Cannon-street, within the last two years: 150 or more—the materials have been sold or carried
away in carts or trucks—I should stop any one that I saw carry them on their shoulder.
(The prisoners received good characters.)
REARDON— GUILTY . Aged 23.
SULLIVAN— GUILTY . Aged 26.
Recommended to mercy by the Jury.
FLYNN— GUILTY . Aged 52.— Confined One Month each.
PUGH— NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
EDWARD MANLEY CUMMINGS . I am clerk of the works at St. Paul's Cathedral. I have seen about 60lbs. of lead, which has been produced by the policeman—I recognize it as the balance weights of the great chandelier—it was safe on 17th or 18th of Dec., and I missed it about 21st Dec.—this is a portion of it—I have compared it with the other balances—here is the mark of an iron hoop which went round them—I have no doubt it is the same—these four pieces balanced the great chandelier.
GEORGE CARIG . I am a labourer, at St. Paul's. I pronounce this lead to be the property of the Church—it was taken away by some one; I cannot tell who—I missed it on Saturday 25th Dec., Christmas day—we could not use the chandelier—I had seen the lead safe at the commencement of the week before.
DAVID HACK . I was with another officer—we stopped the cart in Sermon-lane, and found this lead and other lead in the cart—they were in a bag, and these blocks of lead, had pieces of lead wrapped round them—none of these blocks were apparent, we could not see any of them, they were wrapped up so tightly that they could not be got open without a bar—I went down to the prisoner's house—his wife said he was not at home—I saw five or six bags there.
Cross-examined by MR. PULLEN. Q. These bags were all open? A. They stood just near the door.
Cross-examined. Q. All this lead was packed in bags? A. The lead that I carried was in a bag—I cannot tell how much lead was in the cart; I should say there was 200lbs.
COURT. Q. What time were you engaged? On the Monday night—I came home about 11 o'clock, and my brother told me I was wanted—I went to Mr. Pugh's about 6 o'clock the next morning.
THOMAS WILCOX . I am clerk to Pontifex and Co.—we have had dealings with the prisoner, seven or eight times within twelve months, for old lead, copper, and brass—I did not expect any lead to come on the morning of 21st Dec.—we expect nothing till it is brought—we give 19s. a cwt. for lead—we do not buy it by the pound—we have never bought lumps like these—this lead is worth 17s. a cwt.—we call this hard lead, the other soft.
Cross-examined. Q. You receive quantities of lead from all parts? A. Yes; not only lead but other metals—we receive it from anybody.
JOHN COULSON re-examined. I was hired by the prisoner on 20th Dec., between 8 and 9 in the evening—I had never been hired so late in the evening before—I had never taken goods so early in the morning before.
(The prisoner received a good character.)
NOT GUILTY .
THIRD COURT.—Wednesday, January 5, 1853.
PRESENT—Mr. Add. FARNCOMB; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY . Aged 35.— Confined Four Months.
JOHN KEARNS . I am managing wharfinger to Messrs. Wilkinson, of Botolph Wharf, close to London-bridge. On 22nd Dec, about half-past 2 o'clock, in consequence of information I received from the watchman, I inquired of a man whether he had seen a man pass with a case on his head—I requested him to follow me into the street, and we traced a case containing sixty drums of figs, which had been lost, into a shop on Fish-street-hill, about 800 or 900 yards from the wharf—the prisoner was in the shop, in the act of placing the stolen case on a man's head—I knew the case, but not the man—I went up to them, and requested them not to trouble themselves to reload the case till the arrival of the police—Neill, the prisoner, said he had nothing to do with the matter; he was passing through the premises, and bad given the man who had carried it, a lift, placed it on his head—the other man stated, in Neill's presence, that Neill had employed him to carry it—the case was the property of Messrs. Wilkinsons—I had seen it before it was lost, standing with others in the lower part of the gateway of the wharf, within the premises—I know the prisoner—he is a supernumerary fellowship porter—he has worked in the neighbourhood, and carried cases of a similar description for parties in the neighbourhood for years—he was never employed by us, but has been in the constant habit of presenting orders to us from wholesale grocers in the neighbourhood—they employ him and send him to us—when he used to come in that way he brought a delivery note—had I met him with the case, I should not have suspected he had stolen it.
Cross-examined by MR. PULLING. Q. The porters bring a delivery note? A. Yes, and the foreman delivers the goods—if a package was so large as to require two or three men to carry it, they would have a cart, and the carman would bring the delivery note—provided the delivery note is lodged, it does not matter who lodges it—we should allow any one to have the goods who delivers a note—the shop where I found the prisoner is at the corner of King's Head-court—I do not know what shop it is, but I have seen pineapples, figs, and oranges there—I know Travers's—they are highly respectable people—when I came up I am not sure whether Neill said the case was to go to Travers's, or whether Mr. Bullock, the proprietor of the shop, said that Neill said the case was to go to Travers's, but the name of Travers was mentioned directly I came up—I will not undertake to swear Neill did not
say he was going to take it to Travers's, but to the best of my belief he did not say so—we are in the habit of delivering an immense quantity of goods to Travers's—all the Mediterranean trade is carried on at our wharf—Neill was in the habit of carrying away goods with a knot—I have never seen Nicholls before.
COURT. Q. Would goods be delivered to any person who brought a delivery order? A. They must produce an order which is examined by clerks to see if the duty is paid, as the goods are under Crown bond—the order would be marked by the clerk, and then handed to the delivery foreman for the purpose of being properly entered in a book before the goods were taken away, and after the order is signed the goods would be allowed to go away—there is one person who signs orders if he is present, but if he is away some one else signs for him.
THOMAS BROWN . On this Saturday I was at work at Botolph-wharf. About half past 12 o'clock I saw the prisoner on the wharf—he went on to the quay, and came again on to the wharf, and brought two men with him—Nicholls was one of them—Nicholls had a knot on his shoulder, and the others lifted a case from under the gateway on to his head—Nicholls went off with the case on his head—the prisoner followed, and I cannot say whether he said, "Clark Austed" or "Ansted."
Cross-examined. Q. How long have you worked on the wharf? A. About five or six months—I did not interfere when I saw this—I was hired to tally the boxes into the wagons, and was waiting for another load when this happened—I did not say anything till I was accused by the watchman, and then I said what I had seen—I did not know it was wrong, knowing Neill by his coming there and taking cases away, and saying "Ansted," I thought it was right—I knew both the other men, but not their names—I have seen Neill come there to work.
JOHN CRONIN . I was at work on a barge near this wharf—Neill and Nicholls were in the gateway—Neill called me to give Nicholls a lift up with the case, and I did so—I lifted one side, and Neill the other on to Nicholls's knot—I knew them both—I turned and went on board the barge again immediately—I did not see what became of them.
Cross-examined. Q. Are you in the habit of working at the wharf? A. Yes, I carry oranges from on board the ships—I know nothing about delivery orders.
JOSEPH BULLOCK . I am an orange merchant, on fish-street-hill. On this Saturday Nicholls brought a case to my shop, and Neill was close behind him—Nicholls was carrying it on his shoulder, and said, "This is for you"—I said I knew nothing about it, and Neill directly said it was for Travers's—Nicholls asked me to let him pitch it, he was in a tremor with the weight of it—the porters were bringing in oranges for me, and Neill wished him to load again—I said he had not given him time to stretch his neck, and he rested longer—my oranges were coming in at the same time, and the next I saw was one of the porters helping Nicholls up with the case again, and just at that time Mr. Kearns came up.
Cross-examined. Q. Are you in the habit of having goods from Botolphwharf. A. No; I do not know either of the men.
THOMAS NICHOLLS . I am a porter. On this Saturday I was on a barge at Botolph-wharf, wailing for a job—the prisoner was on the wharf, and called me up, saying, "Come, there is some dried fruit going up"—I went under the gateway—Cronin was coming down—the prisoner called him to give me a lift up, and they helped me up with a case that was under the gateway—
the prisoner told me to take it to the corner of King's Head-court—he did not say what house—I took it to Mr. Bullock's, that being the only fruit shop at the corner—the prisoner was behind me, but I could not see him, having the load on my back—I took them to Mr. Bullock's, and said, "These are for you"—he said they were not for him, and I said, "Let me pitch"—Neill came up and said they were for Travers's—Mr. Kearns then came in and stopped me.
Cross-examined. Q. Do you know Travers's? A. No, I do not know whether King's Head-court is between Botolph-wharf and Travers's—I have carried goods from the wharf before—if I am called to help porters I do not ask to look at the order, one delivery order is enough—if I am told to do the work I do it—one takes the order, two or three cannot take the order.
(The prisoner received an excellent character)
GUILTY. Aged 36.—Recommended to mercy by the Jury. —Confined
JOHN STAINFORTH . I keep the Old Commodore, Montagu-street, Whitechapel—I have known the prisoner Young for some years by sight—I do not know anything of Ward—on Thursday, 16th Dec., I closed my house about 12 o'clock, or it might be a little after—the windows and doors were all safe—between 6 and 7 o'clock next morning, I was awoke by an unusual noise in the street, and heard my son calling, "Father, father!"—I looked out at my bedroom window, and saw some of my neighbours somewhat excited, looking down a passage which leads at the side of my house—I then went into the bedroom next mine, from the window of which there is a view of the passage—I looked out and saw the prisoners struggling with Browning, who lives next door to me, he had hold of both of them—I saw Ward, I believe, but I cannot say which, strike Browning at the back part of his neck—I saw Browning struggling with him, and he tore his coat and shirt—I then proceeded downstairs, and found the lock which fastens the bar-door had been taken off, which was perfectly safe before—I found the till in the bar had been broken open, and 2s. or 3s. taken out—I went into the parlour, and found the two coats I have on now had been removed from off the pegs where I usually hang them, and were lying on the sofa under where I had hung them—the parlour window which looks into the passage was open, and my son and Browning were struggling with the prisoners outside—I jumped out, and found Browning with Young; he had on what they call a wide awake, and I pulled it up and looked into his face. Browning kept possession of him till the policeman came, and he was given into custody—after the other prisoner's clothes were torn, he ran away down the passage leading into Whitechapel, and my son afterwards came back with him in the custody of an officer—I missed some rum, and some spoons had been removed from their usual place, and tied up in some paper—I cannot say I had seen them the night before, but my servant says she did—I found the piece of the parlour shutter which laps over had been broken off, and the shutters wrenched open with a jemmy—in running to the window I kicked against a hat which was in my way, it was given to the policeman—the rum tap was left running, but I cannot say whether any one had been to it; and
I had left a bottle of rum on the counter the night before, that was partly emptied, and when the prisoners were brought back they smelt of rum.
Cross-examined by MR. THOMPSON. Q. I suppose if the tap had been out of repair, it would leak?A. Yes; but I take care they are not—when I pull my coats off, I generally place them on the pegs; I did that night, and I have every reason to believe they were there, but the servant might have pulled them down—I will not swear the coats were on the pegs—the spoons are not silver—the second window I looked at was right over where the prisoners were, and in the struggle I had a full view of their faces for I should think half a minute—I can swear to Young being one of them, because I pulled his hat off, about the other there may be a doubt, but I have no doubt in the world.
JOHN BROWNING . I live in King's Head-court, at the side of Mr. Stainforth's—on the morning of 17th Dec., about half-past 7 o'clock, I went outside my door, with only my trowsers and boots on, to see what time it was; I looked towards Mr. Stainforth's (because if his house had been open I should have known it was near 8 o'clock) and saw the parlour shutters fly open, and saw Ward jump out of the window—I opened my arms, saying, "Holloa. holloa!" and he ran into my arms; before he got up to me, Young jumped out at the same window—I am quite sure Ward is the man—I had him in my hands five minutes before I let him go—I struggled with them both, and was hit in the back of my neck, but I do not know who by—I thought I had better make sure of one than lose both, and Ward tore his coat and got away—I held the other one till the officer came, and I gave him to him—almost as soon as Young jumped out of the window, Mr. Stainforth's son jumped out also, and I told him to follow Ward up, and said he would be sure to know him, as his shirt and waistcoat were all torn—shortly after I had given Young in custody, Ward was brought back by the son and a policeman.
Cross-examined. Q. Did you see them both come out of the window? A. Yes; I stated that before the Magistrate; I said I saw Ward jump out, followed by Young—Mr. Stainforth has not rewarded me for this, I have had nothing but porter from there, and that I have paid for—the prisoners bad both been drinking, but were not drunk—Ward had no coat when I first saw him, and I or he tore his shirt right out of his trowsers—I did not notice Mr. Stainforth at the window, I could not look up—while we were struggling, a blacksmith who lives in the court came up, but he did not hold either of them—I do not know why he did not—it was twenty minutes before Ward was brought back—the prisoners smelt of liquor, I should say it was rum, it was not beer—it was not dark when I took the prisoners, it was half past seven, and there is a lamp just over where we were—I did not know the prisoners, but I knew they did not belong to the house.
EDMOND JOHN STAINFORTH . I am the prosecutor's son, and live with him. On the morning of 17th Dec. I came downstairs about twenty minutes past 7 o'clock; as I was coming downstairs, I heard a scuffle; I ran into the parlour, and saw Young getting out at the window which goes into King's Arms-court, at the side of the house—I went out after him, and found Browning struggling with him—I did not see Ward, Browning told me where to go—I went after him, and saw him turn up Greenfield-street; I followed him, and told a constable, and he ran after him, and I with him—the prisoner was running—I saw the policeman catch him, and he was brought back to my father's—his shirt was all torn, and he had no waistcoat on.
5 o'clock on this morning I was passing the Old Commodore, and saw the prisoners about ten yards from the door, walking backwards and forwards—I am sure the prisoners are the same men—one of them, but I cannot say which, said, "it is most time now we should have open them b—shutters;" and that caused me to turn round and look—that was all I heard.
Cross-examined. Q. What were you doing? A. Going to work to Mr. Gurder's, close against Mr. Stainforth's, half a minute's walk off—it was about half past 5 or a quarter to 6 o'clock; I cannot say exactly—I generally get to work at half past 5 or a quarter to 6 o'clock—Ward had a hat on, but I did not notice whether he had a coat—I was examined before the Magistrate the next morning—I did not see anything of the struggle or the chase—I only come to speak to the conversation—I did not do anything; I thought they wanted to get somebody up; and when I saw Ward brought up the court, I told my master that was one of the men I had seen that morning, about ten yards from Mr. Stainforth's door—our shop lies facing Mr. Stainforth's—one part of the Old Commodore is close against our shop.
JOHN JACKSON (policeman, H 59). About half past 7 o'clock on this morning I was on duty in Whitechapel, and from information I received I went to King's Arms-court, and found Young in the hands of Browning—I took him into custody—as I was going down the court towards the station he said, "It is all right, old man, let me go"—I said I should not—I searched him, but found nothing on him; he was in liquor.
WILLIAM SAVAGE (policeman, H 212). Between 7 and 8 o'clock on this morning I saw Mr. Stainforth's son running, and also the prisoner Ward—I ran after Ward and caught him—he said he had been fighting with half a dozen men, and he had licked them; and I had better not put my hands on him or he would lick me—his shirt was torn—I searched him, and found nothing on him; his pockets were inside out.
YOUNG— GUILTY .† Aged 26.
WARD— GUILTY . Aged 21.
Transported for Seven Years.
ROBERT SIMONDS . I live at Northall;. the prisoner was in my service. On 24th Dec, I sent him to London with some hay—he was either to sell the hay and bring me back the money, or if he did not sell it, to put it up at a public house—I found the horses and cart on my premises on Christmas morning—I do not know who brought them back—I believe they came back about half past 3 o'clock that morning; the hay was gone—I did not see the prisoner till he was in custody five days after—he never paid me any money for the hay—when I saw him in custody he said he had sold the hay, but had not got the money for it—I have known him twenty years.
JASPER SIMONDS . I am a hay dealer, at Ealing, and am the last witness's nephew. On 24th Dec. I bought some hay of the prisoner, and paid him 31s. 6d. for it—I saw him on the following Wednesday, and he then said I had paid him, and he had lost the money—he was not intoxicated.
CHARLES CROKER (policeman, T 72). I took the prisoner into custody—I told him what it was for—he said he expected some one after him, and if in case Jasper Simonds had paid him the money, he must have lost it, or done something else with it, for he had no money about him—I saw the prisoner receive 6s. 3d. from an ostler at a public house at Shepherd's Bush—I do not know what it was for, or anything about it.
Prisoner's Defence. I received the 1l. 11s. 6d., and lost it out of my
pocket going home; I went back to see if I could find it, and on the way back I met the policeman; I have been fourteen years in the prosecutor's service.
JURY to ROBERT SIMONDS. Q. Have you ever trusted him with money before? A. Yes; I have allowed him to make use of money by way of payment to himself.
NOT GUILTY .
WILLIAM NIPPRESS . I am a porter, at the Sussex Hotel, Bouverie-street. On 1st Jan., about 10 minutes to 1 o'clock in the day, I saw the prisoner in Farringdon-street, and saw him put his hand into the prosecutrix's pocket; who was standing with some other women, about eighteen, I suppose—after the prisoner put his hand in her pocket, I saw him put something into his own pocket, but I cannot tell what it was—when he had got about two yards off, I spoke to the prosecutrix—I have sees the prisoner before a great many times, about Farringdon-street—I went after him, but did not catch him.
Prisoner. I was in bed at the time he says I was in Farringdon-street.
SARAH MOSELEY . I am single, and live on Ludgate-hill. On New Year's day, about 10 minutes to 1 o'clock, I was in Farringdon-street—I had a blue silk purse with steel beads, containing 18s. 1d. at one end, and 1s. and 2 1/2 d. at the other, in my dress pocket on the right side—I had it safe a minute before the alarm was given—I knew nothing of the robbery till the young man told me.
ALFRED GREEN (City-policeman, 516). I apprehended the prisoner on Sunday, on Blackfriars-bridge, in consequence of a description and previous knowledge I had of him—I told him what. I took him for—he said he was not in Farringdon-street till about three in the afternoon; he did not get up till 12 o'clock—I found a half crown on him.
JOHN NEAL . I was with Nippress, and saw the prisoner and prosecutrix—I saw the prisoner with his hand working with the young woman's pocket—when he had got about two yards distance I saw him put something into his coat, but what it was I cannot say—I am positive the prisoner is the person.
The Prisoner called.
MARY LOVE . I am the prisoner's mother—he lives with me in the Blackfriars-road, and sleeps at home every night—I know nothing about this business; only he was not out of my place till 3 o'clock on Saturday—Saturday was New Year's day, but I did not take particular notice of the day, I am very ailing and very ill, and have been to these eight years—the prisoner gets his living by portering, and gets any jobs he can—he does not stop at home till he is sent for, but goes about to look for jobs, and comes home to his meals—he was out the day before, Friday, but I do not know where he was; he always goes out after breakfast, and comes home to dinner or tea—he went out between two and three on Saturday; it was late when he got up that morning—most days he goes out after breakfast—the day before he went out after breakfast—he came home at teatime on Saturday, between 5 and 6—sometimes we have a dinner and sometimes a tea only, and I stay till teatime, which is generally between 4 and 5 o'clock—I had no dinner on New Year's day—when I do dine it is sometimes at 1 and sometimes at 12 o'clock—he cleaned my place before he went out, on New Year's day—he came home between 5 and 6 o'clock; went out in the evening, came home and went to bed—he did not get up till between 12 and 1 o'clock, and then he cleaned
my place, scrubbed my room—he always cleans my place on Saturday; I am not able, I have had an asthma eight years—I cannot tell what time he came home the day before; he always comes home to his tea—I dare say he went out after tea the day before; he always goes out for an hour or two, and then comes home and goes to bed—he did not stop at home on Thursday; he always goes out every day—he did not stay at home on the Wednesday; he never stops at home all day; he generally goes out after breakfast.
GUILTY . †**— Transported for Seven Years.
MESSRS. BALLANTINE and ROBINSON conducted the Prosecution.
THOMAS HOWARD . I know the premises of the Eastern Counties Railway Company—I was in the service of Mr. Bass, who had some ale stores adjoining, but he has now given them up, and they belong to the Company—on 2nd Dec. we were moving Mr. Bass's property out, and the Company's grain was being brought in at the same time; between 8 and 9 o'clock I saw the prisoner Pike bring a full four bushel sack out of the ale store, and put it on a hand truck—I believe it was Samuels who was with the truck; I had never seen him before—I had seen the truck in the yard at half past 7 o'clock, and Samuels was walking in the yard—as soon as the sack was in the truck, Samuels dragged it out, and Pike went off to his work—on the following Monday inquiry was made, and I described the truck to the policeman—the same truck was afterwards shown me by Puddiford at the police court.
Cross-examined by MR. PARRY. Q. You mean it is like the truck? A. Yes; I could swear to it if I saw it—trucks are very much alike—we begin work at half past 7 o'clock; Tom Davis was working with me when I saw this—it occupied about a minute or two.
Pike. Q. Was it before or after breakfast? A. Between 8 and 9 o'clock; I do not know whether you had had your breakfast.
MR. ROBINSON. Q. What did you notice particular about the truck? A. It had the "T" that goes across the pole broken off, and there was a piece of iron along the side—the truck I saw at the police court had the same peculiarities—I gave that description to the policeman before it was shown me.
THOMAS DAVIS . I was employed at Mr. Bass's ale store, at the Eastern Counties Railway; on 2nd Dec., I was at work with Howard, and saw Pike carry a sack out, and put it on a truck—I think the person who was with the truck is Samuels, but I only saw his back then; I had seen Samuels outside the gate before I came in, I saw his face then—he was thirty or forty yards from the gates, and the truck was there, and no one else with the truck—directly the sack was off Pike's back, the person, who I believe to be Samuels, drew it away in the truck.
Cross-examined by MR. PARRY. Q. You are not positive that it was Samuels with the truck, but positive you saw him outside? A. I think he was the man who brought the truck out.
MR. BALLANTINE. Q. Was Pike the man? A. I swear to him—I never saw Samuels before, but I believe he is the man—I noticed the truck; I can swear to it.
GEORGE DYSON . I live at 33, Buckingham-street, Islington, and am employed by the Eastern Counties Railway Company, at their warehouse; we received a quantity of grain, on which I put tickets on 2nd Dec.; they were all correct then—on the 6th I missed one sack of wheat, three barley, and one beans—of late Pike has been a sweeper, and a man who looks after the sacks and has access to the sacks in the course of his duty—I did not authorise Pike to take any sacks out on the morning of 2nd December.
Cross-examined by MR. PARRY. Q. Was there any other person than you from whom he could receive orders? A. Only from Mr. Crisp, he is here.
Pike. Q. Have you not seen men go out with sacks over their shoulders when it is wet? A. I have seen them go out so, but I never gave them authority.
MR. ROBINSON. Q. Would they have authority to take full sacks out? A. Not without orders.
GEORGE CRASKE . I am one of the foremen at the Eastern Counties Railway; on 6th Dec., I asked Pike if he had taken any sweepings from the "D" floor, he said, "No"—I then asked if he had taken from "M" or "N," which are the next to "D," and the floor from which these sacks were missed—he said, "No," he had not been in there since last Friday—I did not give him any authority on Friday to take any sack out—I then asked if he was certain he had not put a sack of grain on a hand cart—he said, "Certainly not"—I told him to be sure about it—he said he had no business to put anything on a truck without my sanction, and he had not done it—this conversation was between 10 and 11 o'clock, and when he went to his dinner I watched him to Robin Hood-lane, which is a quarter of a mile, or more, from the Company's premises; I saw him go into a yard there where the prisoner Samuel's premises are—I left him there—I cannot say how long he remained there, he came back to his work at the usual time—he was taken into custody on the same day, a short time afterwards.
Cross-examined. Q. When did you see him go to Samuels'? A. On the Tuesday, the robbery was on the Friday; no one gives orders for the removal of goods, but me or Dyson—I cannot swear what this sack contained.
Pike. Q. Have you not known that we take sacks on our shoulders when it is wet? A. I have known it, but you never asked me for a sack.
MR. ROBINSON. Q. Supposing they ever put a sack over their shoulders, would it be their duty to bring it back again? A. Yes; a full sack would not be likely to keep the rain off their shoulders.
WILLIAM GAVIN . I am an inspector on the Eastern Counties Railway. On 8th Dec., after the examination at the police court, I went with Puddiford to a room I was told was occupied by Pike's wife—I have not heard Pike say where he lived—I had the address from the charge sheet.
GEORGE CRASKE re-examined. I know where Pike lived, but I forget the name of the street—it is No. 81, not far from Gravel-lane—I have only lived six months in London—the street is not far from the Tower, and runs parallel with the dead wall of the docks, which is on one side—Gravel-lane runs into the street, it was the address he had given at the police court—I heard him give it, and saw it taken down.
WILLIAM GAVIN continued. The house I went to was No. 81, Pennington-street, which has houses only on one side, and a dead wall on the other—Gravel-lane runs into Pennington-street at one end, and Ratcliffe Highway at the other—when I opened the door I was followed by Puddiford, and I called his attention to the state of the floor which was covered over with sacks lald edge to edge, and in some places secured to the floor, to form a
carpet—I found this sack among them (produced), it is marked, "T. and W. E. Coote, St. Ives"—I went to the top of the house, and found this new plain sack (produced) lald down by the side of the bed—the room was occupied by a lone woman—in the back yard I found a quantity of sacking cut up, and in the back kitchen I found a large box containing two or three bushels of oats.
JOSEPH PUDDIFORD (policeman, K 276). I went with Gavin to Pennington-street, in a little back room I found this sack (produced) doubled up, it is marked, "Eastern Counties Railway Company. "On 7th Dec., about 7 or half past 7 o'clock in the evening, I apprehended Samuels at a beer shop in Robin Hood-lane—I told him, I took him for receiving a sack containing grain from the Eastern Counties Railway warehouses—he said, "I do not know where they are"—I said, I meant the old pepper warehouses that used to belong to the East India Dock Company—he said, "I do not know where they are"—I said he must go to the station, he said, "I am your humble servant"—he is a corn dealer—I searched his premises, and found oats, beans, and I think a few peas—I received a description of a truck from Mr. Craske; I searched for it, but it was gone then.
Cross-examined by MR. PARRY. Q. Do you know how long Samuels has lived in that neighbourhood? A. About two years.
GEORGE CRASKE re-examined. This sack belongs to the Eastern Counties Railway Company, it has their mark on it—I found the truck at the back part of Samuels' premises—I had my attention directed to the peculiarity of the truck, by Howard and Davis—there were other trucks there, but I took this one because Davis was with me.
Pike's Defence. I have been nine years in the company's service, and always took sacks home to keep me dry, and nothing was ever said; I took these sacks home wet, and they were not dry when found.
(Samuels received a good character.)
SAMUELS— NOT GUILTY .
PIKE— GUILTY .
Pike was further charged with having been before convicted.
GUILTY. Aged 59.— Confined Twelve Months.
(There was another indictment against Pike.)
OLD COURT.—Thursday, January 6th, 1853.
PRESENT—Mr. Justice WILLIAMS; Mr. Justice TALFOURD; Sir JOHN KEY, Bart., Ald.; Mr. Ald. Wilson; Mr. Ald. LAWRENCE; and RUSSELL GURNEY, Esq.
Before Mr. Justice Williams and the Fourth Jury.
MESSRS. CLARKSON and BAYLEY conducted the Prosecution.
JOHN EDWARD COCKRELL . I am assistant to Messrs. Bull and Wilson, cloth merchants, of St. Martin's-lane. On Friday, 17th Dec., about half-past 5 o'clock in the afternoon, the prisoner came there; there were very few other persons in the shop; most of them were at their tea—the prisoner spoke to me in an obsequious manner, as if he knew me—I had never seen him before—he asked me how I was first, and then produced two patterns of cloth, and ordered two yards of each of them—he purchased five yards of
cloth, and a remnant besides; I furnished him with them; they amounted to about 3l. 10s.—he tendered a 5l. note in payment—I asked him to endorse it with his name and address in full—I brought him a pen, and he either wrote or pretended to write on the note—I have no doubt that he wrote the name which is here, "J. Johnson, 37, Great Queen-street," but I did not take any notice of what was on the back—I saw that the back was written on, and here is a name above it—I handed it to our cashier, Wipple—I did not notice whether the ink was dry—the cashier gave me some change, I gave the prisoner the difference of the note, and he went away, after saying he should return shortly to purchase some farther articles—I afterwards went to Newgate, by the direction of the detective officer, to see a man who was in custody for a similar offence, it was not the prisoner, but Badoski (see page 236)—I afterwards went to the Mansion-house, I think it was on a Tuesday; and after I had been there some time, I observed the prisoner enter; I followed him at a small distance, and stood by him some time alone, to assure myself that it was the same man; and being perfectly satisfied, I procured the assistance of a detective officer, and we together stood by him, and watched him for an hour or upwards—I observed him noticing me; he was casting his eyes in a sidelong direction at myself and the officer, without directly gazing at us, and he was leaving the Court when I gave him into custody.
Cross-examined by MR. PAYNE. Q. Did anybody else from your establishment go to the Mansion-house with you? A. No—it was three or four days after the prisoner came that I went to the Mansion-house; I cannot speak positively—I had communicated with our principals about him, and gave them a description of him—I do not recollect speaking to other persons about it; I will not swear I did not—I had been at the Mansion-house half an hour before I observed the prisoner enter—I went there by the advice of the detective officers, as Badoski's case was expected to come on before the Lord Mayor; it did not come on while we were present, I believe it did afterwards—I went into the body of the Justice-room, among the spectators—the prisoner came in at the usual door, and put himself at the furthest end of the Court—I went there after him—I was standing near the door when he entered—he did not exactly pass me, because I was right at the end of the wall where the door was, a few yards further up towards the Judge's seat—the person was at our place a quarter of an hour or twenty minutes when the note was uttered.
MR. CLARKSON. Q. Did you go more than once to the Mansion-house? A. No; and on that occasion I found the officer Monger—there are counters running up and down our warehouse—I was at one corner—we have two doors exactly opposite each other—I was not nearest to St. Martin's-lane, but at the back part—there were many pieces of goods between that counter and the back part.
CHARLES WIPPLE . I am the cashier, at Bull and Wilson's. On Friday, 17th Dec, the last witness gave me this note—this indorsement on it, "17—12—52," is my writing—at the time I wrote it I observed the words, "J. Johnson, 37, Great Queen-street," upon it, which I copied into my book—I could see that it had been written a minute or two, but the ink was dry—I gave change to the young man, but I do not recollect the exact amount—I was at some considerable distance from where Mr. Cockrell was.
Cross examined, Q. If the ink was dry, how did you distinguish whether it had been written two minutes or an hour? A. It looks a great deal lighter.
ANTHONY WILSON MONGER (City policeman, 564). On 23rd Dec. I was at the Mansion House in the course of my duty, and saw Cockrell in the body of the Court—a foreigner, named Badoski, was to be examined for uttering forged notes, that day—I saw the prisoner in Court; he was at the further end of the Court when I first saw him—Mr. Cockrell called my attention to him—he was in my view a little better than an hour, I should think—I and Cockrell were standing together some part of the time, and the prisoner looked at us several times and got shifting towards the door (I was in plain clothes)—he kept shifting along a little, and at the end of one case which was being heard, there was a little bit of a bustle in the Court, and he made a rush towards the door—I went up to him, caught hold of his arm, and said; "I want you"—he said, "Which station are you going to take me to?"—I told him I was going to take him to Bow-street police station—we got into a cab by the Mansion-house; when we got part of the way up Cheapside, I asked him if he knew what he was charged with; he said, "No"—I then told him he was charged with uttering a forged 5l. Bank of England note at Bull and Wilson's, in St. Martin's-lane; he said, "Oh! I know Bull and Wilson's very well; I have had dealings with them"—we then went there for the young gentleman to come and press the charge against him—I searched him at the station, and found a petition to the Commissioners of the Metropolitan Police in his pocket, and asked him what it was; he said it was a petition to the Commissioners of Police, as he was desirous of getting into the police force, and the reason he was at the Mansion House was to see how business was conducted—he afterwards said he went there to get some gentlemen to sign the petition—I found several papers upon him, and among others this book (produced), in which I find the name of Johnson written in two places.
Cross-examined. Q. And you find the names of Keys, Sears, and Gatehouse? A. Yes; I did not tell the Magistrate about the name—when I stopped the prisoner going out of the Court, I did not tell him he was charged with uttering a forged Bank of England note before he asked me what station I was going to take him to. (The witness's deposition being read, contained the words, "I told him he was charged with uttering a forged 5l. Bank of England note, and he asked me which station I was going to take him to.") When that was being read over to me by the clerk of the Court I stopped him, and said, "I beg your pardon; I did not mention anything about the note until we were half way up Cheapside," and he said, "It is immaterial"—I do not know the clerk's name; it was at Bow-street—I told the Magistrate that the prisoner said he was at the Mansion House to see how business was conducted, as he meant to go into the police, and I said I had found several papers in his pocket—I did not tell the clerk I had stated it, and that he had not put it down—Pocock told the Magistrate that the prisoner said he went there to get some gentlemen to sign the petition—I did not tell the Magistrate that among the things there was a book with the name of Johnson in it.
MR. CLARKSON. Q. Had your attention been called to the names in the book when you were before the Magistrate? A. No; I have examined it since.
THOMAS RICHARDS . I am the tenant of the house, No. 37, Great Queen-street, Lincoln's-inn Fields. I do not know the prisoner; I have never let lodgings to him—I have been the housekeeper two years, and do not think he ever lodged there—no person named Johnson or Marks ever lodged in my house.
Fields, and have done so two years—no person named Johnson has lived there since I have been there—I never knew the prisoner to be there—I never saw him before to my knowledge.
MR. WYBIRD. I am one of the inspectors of bank notes to the Bank of England—this note is a forgery—it is not Bank paper, is very bad paper—the name of "Parish" appears on it as cashier; there is such a cashier at the Bank.
CHARLES WIPPLE re-examined. The note was presented to me in the same state in which it is now, with the exception of the date—I wrote down in my book, "Johnson, No. 37, Great Queen-street; 17—12—52; Cockrell," and I made an entry of the number of the note.
MR. PAYNE called the following witnesses for the Defence.
JOHN SMITH . I am a draper, and live in Bermondsey-street. The prisoner has been in my employment for the last three or four months—I have seen him with a book like that which has been produced, in his hand in our shop—I have known him for the last thirteen years—I have some papers here in his writing—I am acquainted with his handwriting—(looking at the forged note) I do not believe this "J. Johnson, 37, Great Queen-street," to be his, it is not at all similar—I remember Friday, Dec. 17—I met the prisoner in Lambeth-walk about 2 o'clock that afternoon—I was with him about an hour—he came to me for a shilling, which was his usual custom; he had 1s. every day, and we settled the rest of his wages on the Saturday night—he used to sell for me on commission—I did not see him again that day after that, not after 3 o'clock—I saw him next morning when he came for another shilling.
Cross-examined by MR. CLARKSON. Q. Are you in trade on your own account, or do you carry it on for somebody else? A. I carry it on for my sister, I manage the business for her—I employed the prisoner for my sister—he was in her regular service—the first week's wages he received was 9th Oct., and he was in her employ up to 17th Dec.—he did not leave then—he remained until he was taken into custody—these papers that I have in my hand are the orders that he brought in, and the last is on 22nd Dec.—they are the prisoner's writing—he worked for my sister up to 23rd Dec.—the last shilling he had was on the Thursday morning; I think that was the 23rd Dec.—he had been selling goods on commission—he went round to different customers, and got orders from them for drapery, or he brought them to the shop—we gave him a shilling for each customer—he did not bring any customer on 23rd Dec.—I cannot tell whether he brought one on 17th without referring to books—he was in our service on 23rd, and had one shilling about 11 o'clock in the morning—I did not see him after that time; he said he was going into the City, and asked me if he could do anything for me; it was a wet day—he had earned all the money he wanted to earn that week; we could not afford to pay him more than 6s. or 8s.—I collect for my sister besides selling for her—I get 2l. a week—my sister carries on business at 273, Bermondsey-street—she is a widow—she saw the prisoner on 23rd Dec.; I do not think she is here—a young woman who serves in the shop also saw him; she is not here—I was not acquainted with Mr. Levitt till I saw him at Bow-street at the last examination—this is my handwriting (looking at the deposition)—I never saw Mr. Levitt till I saw him at Bow-street; that was on the Thursday—I live with my sister, at 273, Bermondsey-street—I do not lodge in Kennington-lane, and never did—I am in the habit of going to Kennington-lane about once a month, on a Friday—I go to several houses, twenty, thirty, or forty—I can give you a list of them
if you like—I do not know whether Mr. Levitt lives in Kennington-lane—I will swear that—I have seen in the deposition that he lives in Cardigan-street, Kennington, but I have never seen the house.
MR. PAYNE. Q. How long have you known the prisoner altogether? A. Thirteen years—his name is William Marks; I never heard of his going by the name of Johnson—he has borne a very good character.
MR. CLARKSON. Q. When did he come out of prison last? A. I never knew that he was in prison—I have heard that he was in prison, in default of bail—I have since heard that it was for beating his mother—I heard that before I came here to give him a character—I do not know how long he was in prison—I have been in prison myself, in Horsemonger-lane twenty years ago; it was on strong suspicion of debt; I was there about a week—I was never in any other prison, on my oath, never in my life—I have been at a station house—I have been taken into custody.
MR. PAYNE. Q. You have been asked as to the prisoner's being in prison, was that in default of bail for having assaulted his mother? A. I have heard so since—it was not on any charge of stealing or any dishonesty—I never knew any charge of dishonesty against him—I was never accused of, or tried for, any charge of dishonesty—I was in prison for debt twenty years ago.
MR. CLARKSON. Q. Will you swear you were never in a station-house charged with any crime? A. Yes, I have been charged with crime; it was for embezzlement—I was never charged with any other crime, on my oath—that is about four years ago—that was not when I was commission agent for my sister—on my oath, I was never in custody charged with any crime, except the occasion on which I was in custody for embezzlement, and that was settled and paid.
MR. PAYNE. Q. How long wereyouin custody on that charge? A. Till the next morning; the case was remanded, and I went out on bail—I was never in prison except for that one night.
JOSEPH LEVITT . I am a carpenter, and live at No. 3, Cardigan-street, Kennington. The prisoner is my godson and nephew—he lodged in my house—I remember hearing of this accusation against him—I know where he was at the latter part of the afternoon of 17th Dec.—I saw him a little before 4 o'clock at my house—I did not have tea with him; he came too late for tea. we had tea early—he remained there the whole of the evening—when he came in I was cutting an ox head to pieces that I had bought; it was not a prize ox, it was one that came from the cattle show—he said, "My God! Uncle, what are you going to do with all that?"—I said, "Some of it I am going to salt, and some I am going to stew, to make soup of"—he then went to writing at the end of a chest of drawers in my room until it was dusk, and he could not see to write any more—I had done what I was going to do with the meat, and we sat down and played at cards together the whole of the evening—we played at cribbage—he and I had supper by our two selves—the female part of the family were gone to bed; by the female part of the family I mean my wife and my wife's sister—they are here—he and I had some of the head stewed for our supper—I attended before the Magistrate—the prisoner never left my house that evening.
Cross-examined. Q. How much before 4 o'clock did he come in? A. It may be ten minutes; he was too late for tea—I was then cutting up the ox head—he said, "Good God! uncle, what are you going to do with all that?"—I told him I was going to salt some of it, and some of it was to be stewed directly to make soup of—I finished what I was about with the meat,
and he went to his books, as he usually does, till it was dusk—I should think he wrote for about three quarters of an hour, and then we sat down to cards—I have not got a clock that will go—he went out once to fetch a little porter from a public house about 100 yards away; that might be about 10 o'clock in the evening—this is my handwriting to this deposition—(read—"This deponent Joseph Levitt on his oath saith as follows: 'I live at No. 3, Cardigan-street, Kennington—I am a carpenter—the prisoner is my nephew—on the Monday I believe that this note was offered to be passed he was at home by dusk, I will say 5 o'clock, and he had tea with me when I came home from work—I cannot speak as to any other day that week—the prisoner's name is William Marks, I was his godfather, and he was named William; he has gone by that name ever since'")—I have never been in custody in my life.
MR. PAYNE. Q. Just explain; in that depositionyouspeak of the Monday, on which you believe the note was passed? A. I was given to understand by the officers that it was on Monday—that was the officer that told me 80 (pointing to Pocock)—I understood him to say Monday, and my evidence before the Magistrate applied to Monday alone—to-day I have been speaking of Friday—I know the prisoner's writing—(looking at the note) I do not believe the "J. Johnson" on this note to be his writing.
ANN LEVITT . I am the wife of the last witness. The prisoner is his nephew—I remember Friday, 17th Dec.—my nephew came home that day, at nearly 4 o'clock—he remained there all the evening—I went to bed about 11 o'clock, or a little before—I did not have any supper—I was engaged in ironing that evening—I am a laundress—I had my sister-in-law, Mary Ann Byers, to assist me—she had an opportunity of seeing the prisoner as well as myself, by coming in and out of the adjoining room—the prisoner was at my place from a little before four o'clock till I went to bed; I did not see him out of the house beyond his going for a little porter.
Cross-examined. Q. Have you not forgotten the cribbage? A. Oh, yes; it is a usual thing for them to play together of an evening when they come home—it was a little before 4 o'clock when the prisoner came in—I only judge of the time; we had an early dinner and tea together—he had no tea; we had our tea—he did not drink tea with my husband; I am sure of that; that I swear.
MR. PAYNE. Q. Had you had your tea on the Friday, before the prisoner came in? A. Yes; we had dinner and tea together—poor people do that sometimes—he drank tea with my husband on the Monday, but not on the Friday—I do not know his writing; I am no scholar.
MARY ANN BYERS . I am sister-in-law to Mrs. Levitt, and assist her in her business of a laundress. I remember Friday, 17th Dec., the day the bullock's head was there—the prisoner came home about 4 o'clock that day, and never went out any more till the evening—he never went out, except to get some porter—I went to bed about 11 o'clock—we were washing that evening—I was helping to wash—Mrs. Levitt was washing as well, I mean with a wash tub; there was no ironing going on that evening—the prisoner and Mr. Levitt were playing at cards—I cannot say what time we had tea that day, but we had it very early—from 4 o'clock till I went to bed the prisoner was there, with the exception of his going for some porter.
Cross-examined. Q. Were you in the house the whole day? A. yes—the prisoner's mother is my sister—we dined and drank tea together that day, as we do in general when we are washing—there was no ironing going on that day.
COURT. Q. Who drank tea together that day? A. Me and my sister, Mrs. Levitt—Mr. Levitt drank tea too, we three, but not the prisoner; I am quite sure of that.
MR. CLARKSON called
WILLIAM POCOCK (police-sergeant, F 14). I went with the other officer to Levitt's house—whilst we were there, he asked what day he passed the note, and my answer was I did not know, for I did not know at that time.
COURT. Q. Did the other officer say on what day the note was passed? A. No; I am quite certain of that.
JURY to CHARLES WIPPLE. Q. You said that you took the number of the note; what was it? A. 56045 (producing his book).—we bad not more than five or six 5l. notes on that day—I do not know the name of the shopman that gave me the note—I generally account for my cash at 6 o'clock—I wrote on the note the name of the person I received it from, and here it is, "Cockrell."
GUILTY . Aged 29.— Transported for Ten Years.
NEW COURT.—Thursday, January 6th, 1853.
PRESENT—Sir WILLIAM MAGNAY, Bart., Ald.; Mr. Ald. FARNCOME; Mr. RECORDER; Mr. Ald. LAWRENCE; and Mr. Ald. WIRE.
Before Mr. Recorder and the Sixth Jury.
MR. THOMPSON conducted the Prosecution.
WILLIAM THOMPSON KIPLING . I have been a publican, but am out of business. On 14th Dec. I lived at the Three Cups, in Lower Shadwell—on that night I was in Sutton-street, St. George's in the East, on my way home, nearly opposite the George—I had for some time felt indisposed, and at that time I felt very sick—I sat down on the step of a doorway—I observed two men coming towards me, arm in arm, and a third man was following me—I had not been sitting half a minute before they got to me—I had scarcely sat down—the two men put their arms through mine, pinioning my arms back—they put their arms under mine, and lifted me up with their arms, and pinioned my arms back—they raised me up on my feet—one man was on each side of me—they said, "Here is a man drunk and ill—let us take him home"—I was perfectly sober—I said, "Hold hard, let me alone"—and then the third person put his arm round my neck, and gagged me back—he did not come in front of me, he was behind—he put his arm round my neck and got hold of his hand with his other hand, and pulled me back, rendering me almost insensible—I can identify the prisoner as the man who had hold of my left arm—he robbed my left-hand pocket, and the other robbed my right hand pocket—the prisoner put his hand into my left hand waistcoat pocket, where I had a half crown—I had seen it about half an hour previous to that time—the man on my right side put his hand into my other pocket—the prisoner then let go my arm and struck me a violent blow in my stomach with his fist, and at the same moment I fell down—I had five halfpence
in my right hand pocket—they then ran off—the man that had had me round the neck, ran down Sutton-street—I ran after the prisoner, who ran towards the Commercial-road—I never lost sight of him—I missed the half crown and the five halfpence—the policeman stopped the prisoner, and I came up—I never was five yards behind him.
Cross-examined by MR. TORR. Q. Where had you been that night? A. To Hoxton—this occurred in Sutton-street, near the George—that was my nearest way home from Hoxton—I had felt ill for about a week before—I had had bread and cheese for supper at my friend's at Hoxton, and a glass of porter, and after supper a small glass of brandy and water; only once filled—I was sober when I left my friend's house—I took nothing on my way—I do not know whether it is usual for a man who is ill to sit down on a door step, and not call a cab, perhaps you would have done so—when these men came to me I had not my head bent down, it was resting on my hand—before the men came close to me, I had observed that there were two men coming towards me, and one person following me—I had not seen them before I sat down on the step—I raised my head up in haste when these men came towards me—I had not some impression that they were acting as friends, I was rather suspicious—the place where I was sitting is lighted as the ordinary streets are lighted—the prisoner was on my left side, and I had a half crown piece in that pocket—after they had rifled my pockets, they all ran away—I had not seen the policeman before they commenced running.
COURT. Q. Where did you see these two persons coming from? A. Up Button-street, towards me—I saw them coming before I sat down—they met me—I was going down Sutton-street—the one who held me round the neck ran down Sutton-street—the prisoner ran up Sutton-street—the other man ran in the same direction, and then turned back—one man was following me—the other two met me.
WILLIAM FREDERICK KELL (policeman, K 358). On the night of 14th Dec. I was on duty in the Commercial-road East, just opposite Sutton-street—between 11 and 12 o'clock I saw three men in Sutton-street, walking together up towards the Commercial-road—I then saw the prosecutor sitting down on a step in Sutton-street—I saw two of the men go to him—the prisoner took his left arm, the other man took his right arm, and the third man went and put his arm round his neck, and drew him back—I saw the two that raised the gentleman off the step, fumbling at his waistcoat—they both did that, the man that had his left arm and the other—I ran down and directly two of them ran down Sutton-street, and the prisoner ran towards the Commercial-road—I took him directly in the Commercial-road—I pursued him nine or ten yards—I did not lose sight of him—I said to him, "What have you been up to?"—he said, "Nothing"—I said, "You must consider you are in my custody"—I held him till the prosecutor came up—he was a few yards away—when he came up he could hardly speak—he told me he had been robbed and gagged by the throat—he said he would give the prisoner into custody—the prisoner did not say anything then—at the station he said he was innocent—I found on him a sixpence, four halfpence in copper, and a book.
Cross-examined. Q. It was at the upper end of Sutton-street, near the Commercial-road, where the prosecutor was sitting? A. Yes, the three men were all coming up Sutton-street—they appeared to me to be all of one company—I was ten or twelve yards distance—the prosecutor was struggling with them.
COURT. Q. When you saw the men going up Sutton-street, was one behind the other two? A. Yes.
GUILTY . ** Aged 19.— Transported for Ten Years.
MR. W. J. PAYNE conducted the Prosecution.
BERNARD JEWILL . I live at No. 79, St. George's-street, opposite the London Docks. On Saturday night, 18th Dec., I had been at my brother's house in Mile End-road—I left there about half past 12 o'clock—in returning home I had to go down Neptune-street—when I passed right opposite the Cock and Neptune public house, I saw Carr, Chesney, and several others—Carr shoved me with his arm, which caused me to go off the pavement into the road—he did not push me off, I went off of my own accord—on turning round, I do not live above six doors round the corner, when within three doors of my own house, Carr and Chesney came after me—Chesney threw his arm round my neck, and another one from behind put his arm tightly round my throat, and pressed my windpipe—I could not scream, I was obliged to haw—they pressed me in that way that they almost took my breath—while this was doing, Chesney was hitting me in the eye with his fist, and every blow that he took fire flew from my eye—I suppose he struck me half a dozen times—with that they must have been disturbed—I had my hand on my watch, which was in my right hand waistcoat pocket, to hold it with both my hands—they tore the guard chain from my watch—they held my head up in this way, and one of them pinched my hand with his nails, it is scarcely better yet—they were disturbed, or probably they might have rifled my pockets—they threw me in the mud, and ran away and left me—they took nothing from me but my guard chain—I saved my watch by pressing my hands against the pocket—they tore the chain off the swivel—it was a swivel chain round my throat—here is the swivel to the watch now—I did not know either of these men before—I saw Carr and Chesney at the public house door—it was Carr that had his arm round my neck at the time of the robbery.
Cross-examined by MR. BALLANTINE. Q. Two of these young men have said that they were not the persons? A. I do not know; I did not hear what they said at the police court—I had some hesitation in knowing these men because they have different dresses on—I am sixty-eight years old—I use glasses when I write or read—I had not my glasses on that night—I had not been using any other glasses that night—I had not been rather convivial—I never take spirits or wine except on very particular occasions—I am a tailor and outfitter—there is generally a crowd of these kind of men opposite the public house.
MR. W. J. PAYNE. Q. You were perfectly sober? A. Yes—I am certain of these two men.
JOHN SULLIVAN . I live at No. 2, Queen-street, Wapping. I recollect the night of 18th Dec.—I recollect being in Neptune-street, round the square, near the Cock and Neptune—I saw the last witness there, and Carr and Chesney came one on each side of him, and looked at him—I knew him before by going to his house—I asked Carr and Chesney to buy a box of lucifers of me—there were 500 in a box—they told me to run away home, or they would give me in charge of a policeman—there was a policeman near the Sailor's Home, and then seeing him, they let the old gentleman pass them by—I went to a pair of large doors and hid myself—it was before he passed the Cock and Neptune that these men went and looked at him—it was up in the square, a lonesome place, very dark—I hid myself and watched, and I saw Carr put his arm round his neck to choke him, and Chesney hit him in the eye—I saw Swanton there—he took hold of Mr. Jewill's coat to pull him back—a gentleman and lady were coming down the street, and they disturbed
these men, and they chucked the old gentleman down on the ground and ran away—before they threw him down there were four men, and I saw the fourth man putting his arm round Mr. Jewill's neck, and he pulled the guard up—it was a gold guard—I should know that fourth man if I were to see him—he succeeded in getting the chain—he pulled it up, the man who is not here.
Cross-examined. Q. You do not seem to be very great friends with these men? A. No Sir, because they are rogues—they do not sell lucifer matches—one of Chesney's pals said she would take my life—I have a mother—I know I must not tell lies—I would not tell a lie for anybody—I know Mr. Jewill—I am sure I have no quarrel with Carr—I was only locked up once—a man hit me and I hit him again, and they locked us both up, but they let us go again—I was thirteen years old last New Year's day.
COURT. Q. Who did you offer the lucifers to? A. To Carr and Chesney—they were then in the square, that was just as Mr. Jewill passed.
MR. BALLANTINE. Q. What made you offer them to them? A. Because I thought they were drunk or something, and that they would buy some—they were not drunk—they told me to be off home, or they would give me in charge of a policeman.
COURT. Q. You had not known this third man before? A. No; I did not see him do anything, only pulling his coat.
WILLIAM SPECKMAN (policeman, H 56). I took Swanton and Carr in custody—I told them what it was for—Carr asked me what time they said it was done—I said I did not know—I took them on Sunday the 19th, in Well-street—they were both together—I had not seen them together before—Swanton did not say anything—I told them I took them for assaulting and robbing Mr. Jewill.
DANIEL KIMBERLY (police sergeant, H 32). I took Chesney, on Sunday the 19th, facing the Cock and Neptune—I told him I wanted him, for assaulting an old gentleman—he said, "You are mistaken this time"—I told him I did not think I was—he said, "What time was it done?"—I said I did not know—he said he was in bed, and he said afterwards that he heard something about it, and he came down on purpose to see.
(The prisoner's statements before the Magistrate were here read, as follows:)—Carr says, "I was going home and met this young man (Swanton) who asked me where he could get a lodging; I told him, and I went home; I was awoke by a girl, who told me Catharine Carthy was locked up; I went, and saw Swanton—I know nothing of this occurrence; I have witnesses to prove that I was in bed"—Chesney says," I went to a public house in Front-change, no Sunday morning; the publican said that sergeant Foay had asked him where I lodged, and the publican said he did not know; I had not been in; he said Foay wanted me, on suspicion of a robbery in the highway; I have witnesses to prove that I was in bed at the time—Swanton says nothing.
Witnesses for the Defence.
ANN FARRELL . I know Carr—I lodged as servant at the same house where he lodged, No. 2, New-court, Gravel-lane—I slept in the same room that night—Carr came home about 12 o'clock that night—I cannot say exactly the time for two or three minutes—I saw him go to bed—I did not go to sleep—Carr afterwards awoke up, about 2 o'clock—he had been asleep between 12 and 2 o'clock—he asked me whether Catharine had come in—I went out to the corner shop, about three minutes before Carr came in, to see what time it was—I went because the girls were out so late—it was about 3 or 4 minutes before 12 o'clock.
Cross-examined by MR. PAYNE. Q. You cannot say exactly what time it was? A. No, not exactly—when I was at the corner shop it was 3 or 4 minutes before 12 o'clock—I went there for a candle—I am servant at that house—girls stop in it—there was no man there but Carr—I remember the night—he was in the night before, about 12 o'clock—I do not know how he gets his living—he came home this night about 12 o'clock, and went to bed, not with me—I kept awake—I lald down by the fire, with my head on a pillow, because I was expecting the girls home—there was nobody there but me and him, but there was another girl upstairs—the girls did not come in that night; they were locked up—I went to sleep—I dare say it might be 4 o'clock when I went off to sleep—I dare say that house is half a mile from the place where the man was robbed—I know where the Cock and Neptune is—that cannot be far off what I said, half a mile from this house—those girls generally sleep in that room, and this man Carr—I never saw him do anything either honest or dishonest—I have not been long living there—I do not know a boy named John Sullivan—I did not say I would have his life—I am not the woman that said that; I am certain of it.
COURT. Q. Did any woman say it in your presence? A. No; the woman who was with me did not say it, to my knowledge—there were two women with me, Mary Willis and Catharine M'Carthy; they were outside—nobody spoke to this boy, to my knowledge—I went down twice—I mean to swear on my oath that neither I nor any of these women told this boy they would have his life—I do not know what they said about it, but they said they knew that the chaps were innocent, and it was a shame they should be taken up—it was 4 minutes to 12 o'clock when I was in the corner shop—I came in doors, and lit the candle, and sat down on a chair for about an hour and a half afterwards; and after Carr had gone off to sleep, and had been in bed about an hour, I took a pillow from his bed—I found him in the house when I came in from the corner shop—I am certain he was not in when I went out, and he was in when I came back—I was servant in the house—I had a shilling a week, and my victuals and lodging—I now live with Catharine M'Carthy—she lives with Carr—she is a woman on the streets.
RICHARD WILLIS . I live at No. 11, New-court, New Gravel-lane. I know Carr and Swanton—Carr did live at No. 2, in the same court—Swanton has got no place at all—I remember both Carr and Swanton coming to my house on the 18th, between 8 and 9 o'clock—they had some supper with me, and Swanton slept at my house that night—he went to bed about 5 minutes past 10 o'clock—he went away in the morning, between 10 and 11 o'clock—he was there all night to my knowledge—I saw Carr leave my house between 10 and 11 o'clock—I could not say rightly where he went to—I know he left the house.
Cross-examined by MR. PAYNE . Q. What are you? A. A labourer; I work at the Docks—I have not worked above two months at the Docks—and then I only get a job occasionally, like a good many more—I really do not know what Swanton is—he is a labouring man—we had a bit of bread and cheese for supper, and a drop of threepenny beer—me and my wife, and Carr and Swanton—we sat at the table—we had no tablecloth—we had nothing but bread and cheese—it was Dutch cheese—we had one pot of beer between us—it began a little before 10 o'clock—we were talking from between 8 and 9 o'clock, till a little before 10 o'clock—I did not go before the Magistrate—I was spoken to about coming to give evidence about a week ago.
Q. But how can you fix on that particular night? A. Because I am speaking the truth—He that sent me into the world gave me the truth to tell—I know that Carr lived with a woman of the town—Swanton lives with nobody that I know of—I knew that Catharine M'Carthy was a prostitute—Swanton slept in a bed up stairs by himself, no one with him—he went to bed a few minutes after 10 o'clock—he did not come out till the next morning, between 10 and 11 o'clock—he had no breakfast—I went to bed about 11 o'clock; I slept down in the front room along with my wife—I know he did not go out, because I always lock the door at 12 o'clock—he went to bed at five minutes past 10 o'clock—he did not go out—I went in his bedroom three or four times to see if everything was right—I did not expect anything wrong, but I always go upstairs—I went up first about half past 10 o'clock, the second time about a quarter of an hour afterwards—I do not know what made me go up—I went up the third time, just before twelve o'clock—I left my warm bed, and went upstairs to see if every thing was right—I did not go a fourth time—when I went the first time he was asleep, the second time he was asleep, and the third time he was asleep—I cannot say that he was snoring—I went three times between five minutes past 10 o'clock, and a little before 12 o'clock, and found him asleep each time.
COURT. Q. Who locked the door that night? A. Myself; I went to bed at 11 o'clock, but I got up again, and locked the door—my house is a lodging house, no one slept in the room with Swanton, but there might be lodgers come in; I have four rooms beside my own—there was only a young girl lodged there that night, who was in the next room to him—she went to bed a little before 12 o'clock.
Q. How came Carr to be supping at your house that night? A. Being a neighbour—he is not a companion of Swanton's to my knowledge—they came together that night—the girl was not there when we had supper—I do not know how old the girl is—I do not know her name—that was the only night she lodged there; I let her myself—I do not know who she was.
JURY. Q. What have you lived on since you left your Docks? A. One thing or another, I sometimes sell a little vegetables—I take in any girl to lodge if the house is not full—I cannot inquire of every one.
ROBERT GOSNELL . I live at No. 7, Gower's-row, Whitechapel. I know Chesney by his lodging at the same house that I do—he slept in the same room with me—he slept in the same room on Saturday evening, the 18th—I have slept in the same room five weeks, ever since he has been lodging there—I went to bed at 12 o'clock that evening; he went to bed at the same time—we went up at the same time—I did not go to sleep directly, I might lie awake about a quarter of an hour—I found Chesney in the room when I got up; he was asleep—I did not hear any disturbance in the night; all was quiet—he could not have gone out without the landlord and landlady knowing it—he must come down and pass through the room where they slept—I slept in the same room with him, not in the same bed—the door is fastened inside—it is not a noisy door.
Cross-examined by MR. PAYNE. Q. What are you? A. A labourer; I work at the wharfs, or anything I can get—I worked on Saturday at Customhouse Quay—I live in Gower's-row—I know the Cock and Neptune, but never was in it; it is a mile, or a mile and a half from my house.
Q. On your solemn oath, is it a quarter of a mile? A. I never was in the house—it is more than half a quarter—I could not walk it in two minutes; I do not think I could walk it in two minutes—I do not think I could walk it in three—I am a little lame—I do not know whether a person
who could walk could do it in two minutes—Chesney did not sup with me—he had no supper—I do not know what he is—I never ask any questions of anybody in the house; I hare no acquaintance with anything—I go out in the morning and come in at night—I have not the least idea how he gets his living—a young man, named Green, was in the room that night—I have nothing particular to recollect that day, but that was the day this man got in trouble—I was not present when he was taken—I cannot tell you what time he went to bed on the 17th nor on the 16th, nor any night in that week, but I can tell that night because he was with me—I slept very soundly that night—I came home at 12 o'clock and went to bed—I might he awake a few minutes—I awoke about 6 o'clock in the morning—I believe I was fast asleep all night—whether anybody went out while I was asleep I cannot tell.
COURT. Q. Did you come in at 12 o'clock? A. Yes; I came in with him—I had been to have a pint of beer at a man's of the name of Salter, a beer shop in Back Church-lane—Chesney came in at the same time with me, and a young man named Green—we had been at the beershop an hour or an hour and a half—it wanted 10 minutes to 12 by Mr. Salter's clock when the potman said it was time to go, and our beer was gone and we went—I should think it is half a mile from the Cock and Neptune to Back Church-lane—I saw this boy, Sullivan, down below—I did not speak to him; no one did in my presence—none of the women did in my presence—I can swear that—I have seen no one—I did not put my fist in his face, and say I would serve him out—I did not see any one do it—I did not hold my fist up at him at all.
JOHN WILLIAMS . I live at No. 7, Gower's-row, Whitechapel. The last witness is a lodger of mine—he goes by the name of Robert; I do not know his other name—I know Chesney—I know he was taken up—I know he came to my house on the night before, on the night of the 18th, and went up to bed before the clock struck 12—I observed he was just in time—I cannot say that I saw him in the morning—he sleeps in the one pair room with four other men, five altogether—I sleep down-stairs myself, so that no one can come in or go out without my seeing them—there is not a passage; the door comes in the room from the street—they go through the room in which I live, the lower room—if he had gone out after I went to bed he must have come through my room—I never let any one out after I go to bed—I put the key in my pocket—I am the first up in the morning—I unlock the door—I did so that morning—the door was locked when I unlocked it in the morning—I unlocked them both—there is a kitchen at the bottom of the garden—my room does not open into any other room—there are steps from the stairs that go out in the yard.
Cross-examined. Q. How many persons lodge in your house? A. Eighteen; five in one room, four in another, and there is a room for married people, three couples sleep there—I do not require to see the marriage certificate—my lodgers are mostly men that work in the Docks—I have heard that Chesney is a person that drives a van—I never saw him do so—when a person goes out at 6 o'clock in the morning, and comes in at 12 o'clock at night, I never inquire about him.
Q. Who came home with Chesney that night? A. Gosnell, nobody else; he came in and went straight up to bed—he was taken the next day—I did not go before the Magistrate—the officer came to my house, and asked me the description of the person—I said there was such a person lived there, and he was in bed the night before—I cannot say that I saw him go away on Sunday morning after I unlocked the door; those that sleep in the house go out what time they think fit—my wife sleeps in the room with me, and all
the persons pass my room to go out—they all sleep upstairs—Chesney had not a wife—four single men and himself sleep in that room.
COURT. Q. Then there were four other persons slept in that room? A. Yes; Robert and Chesney, that was two—the other three are not here—one was named Watson, one James, and the other Wilson, nobody else—Chesney and Gosnell came in together—there was nobody with them.
Q. Was there a man of the name of Green slept in that room? A. Yes, there was Green.
Q. Why did not you mention that before you told me there were only five before; were there six slept in that room? A. No; yes, there were six that night—Green slept there, in one end of the room.
Q. Will you undertake to swear that Green did not come in with them? A. I only saw Robert and Chesney come in together.
Q. If Robert has said that Green came in with them that is not truth, is it? A. I cannot say that I saw the third one come in, he might have come in before—I made an observation to him that he was just in time—he was as late as he could be—I have not been in company with the other witnesses outside, there is none that I know—I did not hear anything pass with that boy Sullivan—I did not hear any of the women speak to him.
MR. PAYNE to JOHN SULLIVAN. Q. Do you recollect Ann Farrell saying anything to you down below? A. Yes; she swore that she would have my life if they got anything done to—there were two other women with her, one had a black eye—I saw the man Gosnell, and another man down below—they said they would have the boy, or else the policeman would have their life—Gosnell held his hand up—the woman said she would have my life; she would kill me if anything was done to these men.
GIBSON GARRETT (policeman, H 213). On Monday afternoon I was in the hall of this Court—I saw Farrell, and eight or ten men and women there—I saw this boy there—I heard Farrell say to him, "I will have your life before we have done with you"—I heard her say them words myself—I heard this man (Gosnell) say, "We will have him away from the b—before we have done;" and he said he would have his b—head off, by shaking his fist in the boy's face—that was in presence of Farrell—they were all in company, eight or ten.
COURT to RICHARD WILLIS. Q. In this deposition Carr says he was awoke up at 2 o'clock, and then he went and saw Swanton; did he come and see Swanton? A. I swear he did not come into my house that night—he came the next morning between 10 and 11 o'clock, and Swanton and Carr went out together.
CARR— GUILTY .* Aged 19.
CHESNEY— GUILTY . Aged 20.
SWANTON— GUILTY . Aged 18.
(Chesney was further charged with having been before convicted.)
HENRY HUDSON (policeman, H 78). I produce a certificate from Clerkenwell Sessions—(read—Nov., 1851, George Bizarro tried, and convicted of stealing a handkerchief and confined six months)—the prisoner is the man.
Transported for Ten Year.
SWANTON— Confined Twelve Months.
SERJEANT FOAY stated that Carr had been sentenced to three months' imprisonment, and that he and Chesney had eight or ten little boys training up as thieves. The witnesses Farrell and Willis were committed for contempt of Court.)
MR. W. J. PAYNE conducted the Prosecution.
DENNIS MURRAY . I live in Hampshire-court, Whitechapel-road. On yesterday week, in the evening, I was in the taproom of the Three Neats' Tongues in Pearl-street—there was Crawley and Hayes, and Connolly and his wife, and some others there—I saw Daniel O'Brien there—I knew him, he was a fur skin dresser—they were sitting round the table, and drinking and singing—there had been some pots on the table, but they had been taken away by the potboy—O'Brien was not doing anything that I could see—he stood up at the end of the table—the prisoner was in the room all the time; for an hour I could see him there—he was in the room when O'Brien was standing up—the prisoner took his coat off, and took a quart pot, I could not see where from, and struck O'Brien two strokes on the head—I could not see what part of the head—he was about the length of his arm from him—I could not see any one between him and O'Brien—O'Brien fell down, and the prisoner struck him a second blow after he was down—the prisoner was sober, and O'Brien also—I afterwards got a policeman, and the prisoner was not in the house—O'Brien had done nothing to the prisoner before he struck him that I could see.
Cross-examined by MR. PAYNE. Q. You and O'Brien were companions? A. Yes; the others were all of the same country—I do not know whether the prisoner is an Englishman—I do not think I ever spoke to the man—I saw him before the Coroner—the pots were empty, and had been taken away—I did not see two pots kept back by the woman Connolly because there was some beer in them—I will not swear it did not happen—I swear the pots were taken away by the potboy—the woman did not have two pots, one in each hand, that I saw—I saw none in her hand—the woman Connolly was in the room—I saw her hands; she had no pots that I could see—I think if she had I must have seen them; she had none—there was a woman singing—I did not see a man take up a quart pot, and the woman Connolly take a pot in each hand—there was not a row—I had been there about an hour—there was some man talking while the singing was going on—I did not see the potman creep under the table—I do not know that there was such a row that he could not get the pots, and that he was forced to creep under the table—I went out as quick as I could—there were more than twenty persons there.
MR. W. J. PAYNE. Q. You say there was no one between O'Brien and the prisoner? A. No; he was only an arm's length off—there was nothing to prevent my seeing Mrs. Connolly's hands—I saw no pots in her hands—I did not see her strike him—he was at one end of the table and she at the other—I did not see where the quart pot was taken from by the prisoner.
MICHAEL HAYES . I am a labourer. I was sitting at the table in the public house in Pearl-street—I saw the prisoner there, and I saw O'Brien; he was sitting down on the form at the end of the table—there was drinking and talking going on—there was no dispute occurred—the prisoner was standing close to O'Brien, who was sitting down—I saw the prisoner strike O'Brien on the head with a pot, it felled him to the floor—I do not know what became of the prisoner; I did not see him till afterwards—he had a dark coat and a cap on—before he hit the blows he was stripped in his shirt sleeves—O'Brien was taken away—I have no doubt the prisoner struck him, I am certain of him—I saw the woman Connolly, she did not strike O'Brien—I never heard O'Brien speak a word to the prisoner before he struck him—when the prisoner came in he talked, but not to O'Brien—I cannot describe the words he said—Nevill's sister was one of the party; she was singing a
song—while she was singing, the party at the table asked for silence—the party that was injured did not belong to the other party.
COURT. Q. The prisoner's sister was singing? A. Yes; a good many cried for silence—I never heard O'Brien speak three words while I was in the house.
Cross-examined. Q. They were all Irish by you, and the prisoner was sitting at another part of the room with his sister; your party was at one part of the room, and his party at the other? A. Yes; I did not see Mrs. Connolly aim a quart pot at Nevill, which went past him, and hit O'Brien—I will swear that never happened while I was there, and I was there from the commencement—I did not see her with a pot in each hand, and there was no row—Nevill took off his coat, and came in the room stripped—on the side of the room where I sat there were eight or ten persons; on the other side there were a dozen or fourteen—the taproom was not very full, it would have held half as many more—I was the width of the table from O'Brien when he was struck.
MR. W. J. PAYNE. Q. Had there been any dispute between your side and the other side? A. No, not while I was in the house.
JOSEPH CONNOLLY . I was at the public house that night—I saw the prisoner and O'Brien there—I saw the prisoner hit him with a quart pot on the head, and he fell down—I did not see O'Brien do anything to the prisoner before he struck him—I did not see any one strike O'Brien except the prisoner.
Cross-examined. Q. Did you see more than one blow? A. Yes; I know Norah Connolly—the potman came in to clear away the empty pots—my wife did not refuse to let him have two because there was something in them—she did not hold them in her hand, and aim one at Nevill and hit O'Brien—I was struck on the side of the head by Nevill.
NORAH CONNOLLY . I was in the taproom—there was singing—I saw the prisoner take his coat off, and take the pot, and strike O'Brien on the head—he struck him more than once—he went down, and the prisoner came over, and struck O'Brien two more strokes after that—I do not know on what part—I had a quart pot in my hand—I took the pot when he struck my own husband—I had no pots in my hand before O'Brien was struck—I did not throw any pot—I did not strike O'Brien—when the potboy came in, and began to clear the pots, I did not refuse to let the pots go because there was some beer in them—I do not know what came of the pots—they were not on the table.
COURT. Q. There was some beer in the pots? A. Yes; I did not do anything with them but drink the beer that was in them—I did not keep the pots, I did not touch them—I do not know where the pots went that were on the table—I merely told the potman there was some beer in them, and he left them on the table—I did not see O'Brien do anything to Nevill—silence was asked for a song, and Nevill said, "I will give it you soon enough"—and then he took his coat off, and took the pot and struck O'Brien—Nevill's sister had been singing—there was another woman singing then.
Cross-examined. Q. When the potman came in, you said, "They are not empty, and they shan't go?" A. I said, "There is some beer in the pots"—I did not take one in each hand—I did not see the potman creep under the table—there was not a man near me who said, "You shall have the pots when they are empty"—the potman did not get under the table when I would not give up the pots.
Q. Did you never tell anybody that you struck O'Brien on the head when
you were attempting to hit Nevill? A. No; I did not tell Mr. Brookman or any one at the hospital that I struck O'Brien on the head while I was aiming a blow at Nevill—I know Mr. Brookman—my husband is employed by him—I did not tell him that I struck O'Brien on the head when I was aiming a blow at Nevill.
MR. W. J. PAYNE. Q. You did not strike O'Brien, and have never said you did? A. No; I did not see anybody strike him but Nevill.
Cross-examined. Q. How many persons were in the taproom. A. I should imagine about thirty—I know Nevill, he is a peaceable and quiet man—I believe he works at the wharfs, clearing vessels and other things—he behaved as one ought to do—I know Mr. Brookman—I did not hear Connolly say anything about her striking anybody—I did not hear any one say it in her presence—when I attended the inquest the prisoner came there.
COURT. Q. Was he in liquor that night? A. He did not appear so.
GEORGE WILLIAM CALLENDER . I am house surgeon at St. Bartholomew's Hospital. I did not see the deceased till a quarter before 12 o'clock that night—he was suffering from a contused wound on the left temple, and a lacerated wound about the middle of the right side of the head, which had caused a fracture of the parietal bone.
Cross-examined. Q. I suppose one might happen from the fall? A. Yes; the one on the temple, but that was not sufficient to cause the death.
COURT. Q. Was the other one such as a fall from a chair would occasion? A. No.
Witnesses for the Defence.
RICHARD SAUNDERS . I live at Friar's-mount, Church-street, Shoreditch, I am a gingerbread and biscuit baker. I was in the taproom of the Three Neats' Tongues on the night in question—I saw the deceased there—a female was singing a song—a man on the female's right hand called, "Order for this song"—and he said if there was no order there should be no peace in the house that night—I think it was Hayes said that—and he said he did not care for the best man in the room—the singing went on and finished—a female took up a quart pot in each hand, and a man took one—I went out to see the landlord—Nevill went to speak something to a man—he had nothing in his hand.
Cross-examined by MR. W. J. PAYNE. Q. How long had you been in the house? A. About a quarter of an hour—I was standing up on the right side of the house, on the English side—Nevill was on the same side—I do not know who the woman was that was singing—it was not Nevill's sister—it was one on the opposite side amongst the Irish—some man was sitting by her, and I think Hayes—he called for order, and said if there were no order there should be no peace in the house that night—when the singing was over, Nevill went to the table—O'Brien was sitting down—they were all sitting down in this box—Nevill went close to O'Brien—Nevill spoke, but I did not hear it—he had his coat on at that time—he did not take it off while
I was there—I remained in the room two minutes—when I left, O'Brien was sitting down—I went to tell the landlord there was a disturbance with taking the pots—I did not go back again.
COURT. Q. What disturbance was there about the pots? A. I saw a female with one in each hand, and a man on the left hand had one—they were doing nothing, but had them up—Nevill was talking to them, that was all—I went to the landlord to tell him they were taking the pots up—the woman was holding the pots up to her shoulders—I teld the landlord they were taking the pots up, I thought there might be a disturbance—directly Nevill went to the table, they made a snatch at the pots—the man had one and the woman two, one in each hand—I did not hear any threats.
JURY. Q. Did the woman hold the pots in a position as if she was going to strike anybody? A. I thought it was meant for that—I should think there was no beer in them.
GEORGE GRIFFITHS . I live in Pearl-street; I was at the Three Neats' Tongues—I was not in the taproom, all I know is about taking the man to the doctor—I have known the prisoner five or six years; I never saw any harm of him—he is a peaceable man.
Cross-examined. Q. What is he? A. He works at the wharfs—I am a basketmaker—I do not see the prisoner often, perhaps once a week—I have drank with him.
JOSEPH GARRETT . I was in the taproom; I had been there from half past 8 o'clock in the morning, till half past 8 o'clock at night—I did not see O'Brien struck—I did not see the potman come in—I was subpœnaed here, but I know nothing about it, I was full of liquor at the time—I have known the prisoner ten years—he has had a good character as a peaceable man and always had a good character amongst his neighbours.
Cross-examined. Q. How long had be been in the public house? A. To my belief, about an hour.
LEAH REYNOLDS . I was in the taproom part of the time—I left about half an hour, and came back—I did not see the man hurt, but I saw hint taken out—I was not in the room when the blow was struck—I had left the room—there was a bit of a quarrel, one party was on one side, the other on the other—if any one said anything, they were told to hold their tongue—I did not see any blow struck, but I saw the woman with two pots in her hand—that was Connolly, I think—there were three pots on the table—the potman came in and asked for the pots, and she took the two, but what she said I do not know—the potman took the pots, and I followed him, I was glad to get out—they were all fighting—I saw O'Brien when he was wounded—the man who was wounded was in there when the pots were in the woman's hand—he was not then wounded—I then went out—when I came back I saw him sitting on the seat, and the landlord was washing his face.
COURT. Q. Who was the fighting between? A. Between the Irish and English—I think they were all fighting together—I was not sitting in Nevill's party, I was by the fireplace.
Cross-examined. Q. How long were you outside the room? A. I should say not above four or five minutes—I took no part, I saw the poor man being washed, and then taken to the doctor's—when there was this general fight, they were all by the door—when I left the room O'Brien was sitting against the door, and Nevill was by the table.
ELIZA NEVILL . I am the prisoner's sister—I was at the Three Neats' Tongues on the night in question—I saw a man, O'Brien they called him, who received the blow on the head with the pot from this woman Connolly—
I was in the company with my brother and his wife, and was called by my brother to sing a song—another man said he would have order kept, that was the man Hayes—he stood with a pot in his hand, and said he would have order kept—the woman directly took two pots, one in the left hand, and one in the right, and struck O'Brien a blow on his head; I took one pot from her hand, and one from the table, and flung them behind Mr. Archibald's bar—the way she struck the man was, she made a blow at my brother, who put his head down, and O'Brien caught the blow.
Cross-examined. Q. Where did the blow strike him? A. On the head, more towards the right side of the head—whether he received any more blows I do not know—I was at the bar—I did not see him any more—I did not go in the room again—the table was about six feet long—they were all on one side of the table, sitting on their seats—my brother was at the end of the table, O'Brien was at the top of the table—this woman made a blow at my brother—he stooped down, and it went and struck O'Brien—I took the pots, and threw them behind the bar.
MR. PAYNE. Q. Where was Mr. Archibald? A. Upstairs—Mrs. Archibald was behind the bar.
COURT. Q. Did this woman throw the pot out of her hand? A. She did not throw any pot from her hand—when the blow struck O'Brien, he was standing up by the side of the table—he had not had any blow before that that I am aware of—I was not before the Coroner—I knew my brother was there, but I was not called in—the gentleman asked me what I knew—I said I was in the room—he said, "You are not wanted"—and he turned me out of the room. (The prisoner received a good character.)
NOT GUILTY .
THIRD COURT.—Thursday, January 6th, 1853.
PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. SALOMONS; and Mr.
Before Mr. Common Serjeant and the Seventh Jury.
MR. W. J. PAYNE conducted the Prosecution.
HANNAH PONSFORD . I am sister of Mr. James Maslin, of Newcastlestreet; he is now dead, but I cannot tell when he died—it was on the 11th, but I cannot tell the month—I know a person named Hayes—about Sept. last I was fetched, but not by Hayes, to Newcastle-street to see my brother, who was ill—I attended him for six days and nights, when he died—I was there when he died—after he died I had the keys, and the prisoner demanded them of me; I gave them to my husband, who was present, and he gave them to Randall, the prisoner—I and my husband, Mr. Hayes and his wife, and Randall and his wife and mother were present—Mr. Hayes said he would take care of the keys, seal the things up, and see that no one should touch anything till my brother was buried—we then had very high words on account of my brother's goods; I thought I ought to have some of them—after Mr. Bennett had read the will, or some paper, Randall took away all the goods that were there—there was a bedstead, night chair, three boxes, a great many clothes, a writing desk, looking glass, table, drawers, and some pawn tickets; these were my brother's goods—Mrs. Maslin was not there at the time, and had not been during my brother's illness.
Cross-examined by MR. SLEIGH. Q. At the time this conversation took
place with Bennett, Hayes, yourself and the others, was not the deceased, Mr. Maslin, lying dead in the house? A. Yes; it took place within a couple of hours of the time he died—when this discussion took place as to whether the goods belonged to one or another, the prisoner said, "They are mine; I have Ald Mr. Maslin for these goods, and I have got a receipt," and he said he would remove them because they were his.
JOHN PONSFORD . I married a sister of Mr. Maslin—he died on 11th Sept.—I was not present when he died, but I was there about an hour after—I was present when the prisoner, Bennett, and others were there—Mr. Bennett produced a paper and read it—the prisoner then told us we had no business in the place whatever—he took possession of the keys, and he and Mr. Hayes took possession of the whole concern—Mrs. Maslin, the widow, was not there—she was not there at all during Mr. Maslin's illness; she never saw him—the prisoner took away the goods, and books, and papers, and duplicates—one of the books I saw in particular, I thought it was a bank book; I suspected it was, because he hid it immediately—I never saw the inside of it.
Cross-examined. Q. What relation does the prisoner hear to the deceased? A. He married the deceased's step daughter.
WILLIAM BLACKBURN . I knew Mr. Maslin for thirteen years; I was with him at half past 3 o'clock on the day he died, at his house, No. 11 1/2, Newcastle-street—I heard of his death at half past 6 o'clock, and went directly—I saw the prisoner at the house in the evening, and I said to him," Don't you move a single thing"—he did not make any particular reply—three or four days, or it might be a week, after that, the prisoner wanted me to make an inventory of the goods he had purchased for 14l.—I said I would call again, and I put it off and put it off, and at last I said I would have nothing to do with it—some time after, he asked me if I would assist him in moving the goods, which belonged to him, and he wanted me to write a receipt for 14l.—he did not say why he wanted the receipt.
HENRY COMPTON . I am a market salesman. I met the prisoner last Friday evening in Farringdon-street—I asked him if he was out on bail; he said, "Yes; I will see the old b—h d—d before she shall have the papers at all"—that was all he said—he did not say he had any papers.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
JOHN HODGKINS . I am warehouseman to Thomas Shepperson, of Cheapside; Mr. Southgate is our calenderer, and sends for goods to be calendered at all hours of the day. On Thursday, 16th Dec, the prisoner came into the entry room, and said, "Is there anything for Southgate?"—I said there was, and went and fetched three pieces of print—the prisoner had a sheet, or bag, which he opened, put the prints in it, put it across his shoulder, and walked off—from something that occurred to me I followed him into the court, and said, "Are you from Mr. Southgate's?"—he said, "Yes"—I said, "Return with me;" and at that moment Mitchell came up—I did not like his looks; he said he was an inspector of police, and I said then he could return with me, and when we got back the people at our house knew him to be the inspector—I gave the prisoner into custody—when I gave him the goods I did not believe he came from Mr. Southgate's; I believed he was getting them under false pretences—I parted with them on the representation that he came from Southgate's
—MITCHELL (City police inspector). I was watching the prisoner, and saw him come out of Mr. Shepperson's—I went up for the purpose of giving information, and was taken into custody myself; I cleared my character, and was released.
THOMAS WHITE . I am warehouseman to White, Son, and Co., of No. 107, Cheapside. On 15th Dec. the prisoner came to our house, and said, "Have you anything for Coggan?"—he came on another occasion, and said, "Have you anything for Southgate?"—I understood by that that he wanted goods for Southgate to calender—Southgate and Coggan are both our calenderers.
THOMAS WRIGHT . I am warehouseman to Lupton and Co., No. 54, Bread-street. About 10th Sept the prisoner came and said, "Is there anything for the dresser?"—Southgate is our dresser—he called again many times; the last time he came, he said, "Is there anything for Southgate?"—I did not give him anything, but something was gone afterwards.
EDWARD HENRY GREEN . I am warehouseman to Greatorex and Company. Three or four weeks ago the prisoner came to our warehouse and asked if there was anything for the dresser—he came again, and on the last occasion, he said, "Is there anything for the dresser, for Southgate?"
(The prisoner in a written defence, stated that he was employed to collect the goods by a man who said he worked for Mr. Southgate, and who was in the habit of waiting for him at the back of the Bankruptcy Court; that he told the policeman so, and when they went to find him he was gone; and he also stated that he had never been in a prison before").
----MITCHELL re-examined. He was before in custody on suspicion of stealing a piece of cloth—he gave his name as Wilson, and his address in the Hackney-road; that turned out to be true, and he was discharged.
GUILTY . Aged 19.— Confined Twelve Months.
WILLIAM WARTH . I am warehouseman to William Cook and others, of St. Paul's Churchyard. On 21st Dec, between 8 and 9 in the morning, I saw the prisoner go into my employers' new warehouse with an empty wrapper—he had no business there, he is not in our employ—he came out again with a large parcel in the wrapper under his arm—it appeared to be the same wrapper he had taken in with him—I went after him, caught him and said, "You are a thief!" and threw him down—to the best of my belief he said nothing to that—thinking he might have some accomplices, I sent for a young man named Stevens to take charge of the goods while I took the prisoner; I took him into Knowles-court, and directed one of the porters to secure him, by tying him to a lamp post till my employers came; which I saw done—one end of the wrapper was undone, and I saw a piece of twill or Coburg cloth, of a red colour, in the wrapper—I gave the wrapper to the policeman in the same state I had taken it from the prisoner, and gave the
prisoner in custody—this 1s. the wrapper, and these two pieces of goods (produced) were in it—each piece has our private mark and ticket on it.
Cross-examined by MR. PLATT. Q. Are you sure the wrapper was empty when he went in? A. I am positive of it, on my oath; it was dangling over his arm—there is one entrance to our warehouse in St. Paul's Churchyard, and a back entrance in Carter-lane, which was where he went in—it is a public entrance, hundreds of customers come in that way—I did not lose sight of him above half a minute, when he went into the warehouse—I am sure he is the boy.
GEORGE WEBB . I am a warehouseman at Messrs. Cook. On the morning of 21st, I watched the prisoner from a window, in consequence of seeing him come out of the warehouse before—between 8 and 9 o'clock, I saw him enter the warehouse with an empty wrapper; I saw him go through the stuff department and lay the wrapper on a pile of goods; be then lald two pieces of stuff in the wrapper, put it under his arm and walked out of the warehouse with it—I followed, and found him in Warth's custody.
(The prisoner was further charged with having been before convicted).
WILLIAM MALYON (City policeman, 456). I produce a certificate (read—Joseph Potter, convicted at the Central Criminal Court, May, 1852; confined four months)—I was present, the prisoner is the same person.
GUILTY.— Transported for Seven Years.
OLD COURT.—Friday, January 7th, 1853.
PRESENT—Mr. Justice TALFOURD; Mr. Ald. WILSON; Mr. Ald. WIRE; and Mr. Ald. CUBITT.
Before Mr. Justice Talfourd and the Sixth Jury.
204. THOMAS PENFOUND, JOSEPH SAUNDERS, ARCHIBALD M'KENDRICK, EMMA WILSON , and CATHERINE WATTS , were indicted for burglariously breaking and entering the dwelling-house of Samuel James Wood, and stealing therein 22 watches, 66 rings, and other articles, value 83l. 3s.; his goods.—2nd COUNT, for stealing the said goods, and afterwards burglariously breaking out of the said dwelling-house.—3rd COUNT, for receiving the said goods.
MESSRS. CLARKSON and SLEIGH conducted the Prosecution.
JOHN SERJEANT (policeman, E 120). I know the premises of Mr. Wood, the prosecutor, at No. 90, High Holborn; he is a pawnbroker. On the night of 23d Nov. I was on duty near there, and about 11, or half-past 11 o'clock, I noticed the condition of his premises—the outer doors were then secure; I passed again about half-past 12 o'clock, and then found the door opening into Holborn open—it is a corner house—it was the door leading into the boxes of the pawnbroker's shop—I immediately gave an alarm to the witness Raftery, an assistant, who slept in the house—upon examination, I found that the house had been entered—I found the doors of the glass cases in the front window open—Mr. Raftery looked into the cases, and found there had been some watches, and other articles of jewellery, stolen from the window.
THOMAS RAFTERY . I am assistant to Mr. Samuel James Wood, pawnbroker, of No. 93, High Holborn; I sleep on the second floor. On the night of 23rd Nov. I was called up between 12 and 1 o'clock; I came down stairs, and found the policeman in the house—I found the front door open, and the sashes of the window standing open—I made an examination of the shop, and missed seventeen silver watches, five gold ones, a valuable diamond ring, a sapphire ring, two gold brooches, and upwards of sixty wedding rings—I should think the property was worth from 150l. to 170l.—I had observed it safe up to 9 o'clock in the evening; it was then safe, and secured by padlocks to the sashes—all the padlocks had been forced open—all the property belonged to Mr. Wood.
JAMES INCE . I am shopman to Mr. Wood. On 23rd Nov. the shutters of the shop were put up securely, as usual, about half-past 5 o'clock—the shutters are brought from the hall of the house; in going for the shutters we are obliged to be absent for a few moments from the shop; it is possible that during that time some person may have slipped in and secreted himself—there were some packages standing in the office that evening, behind which it is possible a person might hide himself—the house was thoroughly secured at half past 7 o'clock, I believe—I did all the bolting of the doors myself—I did not carry the shutters myself; I saw it done—I slept in the front shop—I was alarmed in the middle of the night by the police.
COURT. Q. You say you superintended the shutting up; did you go away at all? A. Yes; I was called away as they were being fetched, and there was no one to guard the passage at that time—anybody, if they watched their opportunity, could have slipped in and got behind the packages.
JAMES BRANNAN (police inspector, G). I received information of this burglary on the evening of the 25th, and went to the shop of Mr. Sowerby, a pawnbroker, in Chiswell-street, St. Luke's—I there saw Edward Greaves, and received from him this watch (produced)—I received information from him; in consequence of which, I went on the following morning, at 11 o'clock, to a house, No. 11, Foster's-buildings, Whitecross-street, St. Luke's, where I saw the witness Mary Hill, and the prisoner Watts was sitting in the room; before I said anything as to what I had come about, the witness Hill said, in Watts' hearing, "I know what you have come about; I know all about it, I had the watch from this girl, "meaning Watts—Watts replied," Oh, yes; I received it from a young man"—while I was talking to her, I saw Watts pass this duplicate to a woman who was in bed, and concealed under the bedclothes—I then took Watts into custody, on suspicion of stealing the watch, and took possession of the duplicate, which I now produce—it is dated 25th Nov., and is for a "S. watch," that means a silver watch, for 1l. in the name of Watts—the name of the pawnbroker is John Thomas Hawes, 98, Old-street, St. Luke's—I went to the shop of Hawes on the same day with the witness Hill and the prisoner Watts—Watts was identified by Mr. Hawes's managing young man as having pledged a watch there—on the same evening I went to a beershop in Worship-street, kept by the prisoner Saunders—I called him aside, and told him I had information that he was in possession of a quantity of jewellery, consisting of watches, rings, and other articles—he said, "I have not"—I said, "I shall take you into custody, and search your place"—he said, "Indeed I have not"—he then said, "Stop, Sir," and then whispered to his wife, who stood close to him, loud enough for me to hear, and said, "Go up stairs; you know where they are as well as I do"—she then ran up stairs, and I followed her—I saw her go to a chimney, put her hand up, and bring from it this stocking, with its contents, which I now produce—it was
not a bedroom—these are the things—here it a gold watch, a signet ring, fifteen wedding rings, and a little pocketbook, all of which have been identified by Mr. Raftery—at that time Evans, an officer who accompanied me, brought Saunders into the room—Saunders saw me in possession of these things, and said, "I wish I never had them from him," or "took them from him"—I said, "From whom?"—he said, "I don't know," and then added," I don't know the man; he only slept here one night"—upon that I took him into custody—on the following evening, Saturday, 27th, in consequence of information I received, I went with Evans to No. 19, Twister's-alley, Bunhillrow, and there saw the prisoner Emma Wilson; I told her I bad information that she could give me information of a quantity of watches and jewellery which had been brought there by a person named Matthews, and another; I named rings, and other articles—she said, "I know nothing at all about it"—I then said, "Perhaps you are not aware that I am in possession of so much of the circumstances as I am"—she then said, "Well, I did pledge a ring at Brooks's"—I then left—I did not take her into custody then—from further information I received, I went to Mr. Sharp's, a pawnbroker's, in Bath-street, St. Luke's—I found that a watch and ring had been pledged there; and on 2nd Dec. I again went, with Mr. Sharp's assistant, to No. 19, Twister's-alley, and he saw Wilson, and identified her; he met her on the stairs, and said, "This is the person that pledged the watch and ring"—the said, "I know nothing about it; I pledged the ring at Brooks's, but I know nothing about the watch and ring"—I then took her into custody, and afterwards, in consequence of information, directed M'Kendrick to be taken that same day.
Cross-examined by MR. B. PAYNE. Q. Has Wilson got a husband? A. I believe she lives with a young man; I do not know how she gets her living—I have heard that she is a tailoress—I do not recollect that she said anything more than I have stated when the pawnbroker's assistant met her on the stairs and said she was the person that pledged the watch and ring—it was on 27th Nov. that I told her about the rings, and that I had further information—I found her still at the same place when I went on 2nd Dec.
Cross-examined by MR. B. THOMPSON. Q. How long after the robbery was it that you received information from Greaves? A. I think the night following—the robbery was on the 23rd, and on the evening of the 25th I saw Mr. Greaves.
MARY HILL . I am a widow, and live at No. 11 Forster's-buildings, St. Luke's. I am a monthly nurse—the prisoner Watts is my son-in-law's sister, she came to my house on Thursday afternoon, 20th Nov., and asked me as a favour if I would pledge a watch, which she brought with her—I pledged it for her at Mr. Hawes's, in Old-street, St. Luke's, for 25s., and gave her the ticket and money—about two hours afterwards, in the evening, she brought me another watch to pledge; I was going on an errand, and took it into Chiswell-street, to another pawnbroker's, Mr. Sowerby's; the assistant detained it, and I gave him my address.
EDWARD GREAVES . I am assistant to Mr. Sowerby, a pawnbroker, of Chiswell-street, St. Luke's. I know M'Kendrick, he came on 25th Nov. and offered me a silver Geneva watch in pledge for 25s.—I asked him to whom it belonged—he said it belonged to him—I asked him where he bought it—he told me it was pledged for 2l. at Mr. Attenborough's, in Crown-street, and that he gave 5s. for the ticket—I refused to take it in pledge—on the evening of the same day, a watch, which I believe to be the same, was brought and offered in pledge by Mrs. Hill—I detained it, and gave it to inspector Brannan—I believe this watch produced by Brannan to be it.
Cross-examined by MR. B. THOMPSON. Q. In what points is this watch similar to the one brought in the morning? A. I took particular notice that the one offered to me in the morning was perfectly new, and had a silver dial and seconds, and the back was engine turned or chased as this is—this is a rather uncommon pattern on the back—I cannot say whether the glass was cracked when it was brought to me—I believe this to be the same watch—I did not say before the Magistrate that I would not swear to it.
COURT. Q. Did you observe enough to see whether it had this sort of pattern? A. Yes; they are generally plain engine turned, but this is chased—we do sometimes have new watches pledged from makers, but persons in the rank of life of the prisoners do not generally bring perfectly new watches—I merely looked at the movement; it is not usual in Geneva watches to put the name on the movement, it is generally put on the dial under the seconds.
GEORGE BARKMAN . I am assistant to George Arnold, a pawnbroker, of No. 188, Shoreditch. This gold wedding ring (produced) was brought there on 26th Nov. and pledged for 4s., by I believe the prisoner M'Kendrick—this is my duplicate (read—"I ring, at 4s., for John Smith;") and this (produced) is the ticket I gave to the party.
Cross-examined by MR. B. THOMPSON. Q. Had you seen M'Kendrick before the ring was pledged? A. I have seen him before, but I do not know on what occasion—I did not see him again till I saw him at Worship-street in the cell, about a fortnight afterwards—there were about a dozen persons in the cell at the time—we do a great deal of business at our shop; a great number of persons come in and out—this ring was pledged between 6 and 7 o'clock in the evening—there was nothing which excited my suspicion at the time—it is a very ordinary thing for persons to pledge a wedding ring—I do not swear positively to the prisoner.
MR. SLEIGH. Q. When you were taken to the station, and shown into the cell where there were a number of people, did you pick out M'Kendrick?A. I told the policeman I thought he was the party—he was not pointed out to me by any person—I did not first pick out anybody else as the person who pledged the ring.
HENRY WILDING . I am assistant to Thomas Hawes, a pawnbroker, of No. 98, Old-street. I produce a silver watch pawned on 25th Nov., in the early part of the forenoon, by the female prisoner Watts for 1l.—this is the duplicate, it has the name of Mary Watts on it—I produce another silver watch pledged at our establishment on the same day, about a couple of hours afterwards, by Mrs. Hill; I lent 1l. 5s. on it.
Catherine Watts. I did not pawn nothing.
GIDEON GARRATT (policeman, H 213). In consequence of information I received, I took the prisoner Penfound into custody on the night of 3rd Dec., in Commercial-road, Spitalfields, about half past 9 o'clock—he was in the street—I told him he was charged with being concerned with others in a burglary, at the house of Mr. Wood, in Holborn, a pawnbroker's shop—he said, "I know I am, I will tell you all about it"—I said, "You have no occasion to make any confession to me; if you do, I shall give it in evidence against you before a Magistrate"—he said, "I may as well tell you as any one else;" I said, "You must go to the station with me"—on the way to the station, he said, "On the night of the robbery, I was standing in Holborn about 4 o'clock in the evening; I saw three or four men standing about, close to the pawnbroker's shop there, and about that time there was a large fire broke out in the neighbourhood; one of the men came to me, and asked
me what I was standing about there for; I told him I did not think proper to tell him, I did not see what business it was of his, and he said, 'You had better go away'—I said, 'I shall not go away;' I believe he said, "If you do not go away, we will make you go;'" and then he said, that about that time the fire broke out, and said, "I went away to where the fire was a short time, and then came back again, thinking that there was something going on wrong at this pawnbroker's shop; at the same time when I got back I saw a cab man standing about there, but he did not speak to me, he appeared to be in company with the others; one of them came to me again, and said, 'it is no use your standing about here, we do not want you, go away;' I refused to go away, and he said, 'Well, we are about to do a job here to night, keep all quiet for us outside, and we will make it all right with you after '—a few minutes after that, I saw one of them go into the side door of the pawnbroker's shop, and shortly afterwards saw the same person through the window of one of the upstairs rooms; I still remained by the outside of the house till after the shop was shut up; and after remaining some time after that, I saw the door open and one of the others was let in, and after waiting a long time they came out together, and gave me fourteen or fifteen gold rings, a gold watch, three silver watches, half a sovereign, and a pocket book; I went away, and made all the haste I could to Worship-street; I went to Mr. Saunders' beer shop, and saw Mr. Saunders, who at that time appeared to be drunk; I asked Mrs. Saunders if she would take care of some property that I had found on Newington-causeway, and that I wanted to sleep there that night if she could let me have a bed; she said, 'You can sleep here to-night, but I will have nothing to do with this property;' I afterwards saw Mr. Saunders again, and asked him to take it; I gave him the whole I had received, with the exception of the money, and he went into his bedroom with it; I saw no more of the property after that."
Cross-examined by MR. WOOLLETT. Q. Who gave Pen found into custody? A. I do not know, he was a stranger to me—he was not at that time in company with the prisoner Saunders' son, I saw them together just by Spitalfields station house—the son told me that he and bis father had been searching for Penfound—I saw Mrs. Saunders at the station—I saw the man who gave Penfound into custody at the station house; I received information from him, I do not know whether his name is Broom—I have heard since that Saunders has a wife and eight children.
THOMAS HUGHES . I am assistant to Mr. Sharpe, a pawnbroker, of Bathstreet—I produce a watch and wedding ring, pledged on 25th Nov., by the prisoner, Emma Wilson, in the name of "Emma Stevens, for Emma Watts;" Wilson is the woman.
Cross-examined by MR. PAYNE. Q. Had she pledged a great many things at your shop before? A. No; she may have been in the shop before, but I did not know her before—it did not take a great while to pledge a watch and ring; I made no memorandum on the ticket of the particulars of the person; I go by my recollection of the person's features—100 persons of more come to our shop in a day.
Q. Did you not at first express some doubt, and say you thought she was the person? A. I think the words I used were, "I have no doubt but that is the person"—I cannot tell you the person who pledged something immediately before she did, or the person immediately after, unless the subject of the pledge was brought before me—I do not mean to say I recollect everybody who pledges at our place.
MR. CLARKSON. Q. When did you see her again after she pledged that
watch and ring? A. To the best of my recollection on 2nd Dec, a week afterwards—I have no doubt as to the identity of the person—I advanced 4s. on the wedding ring, and 1l. on the watch.
WILLIAM PUTNAM . I am assistant to Thomas Brook, a pawnbroker, of No. 130, Whitecross-street. I produce a wedding ring pawned at my master's on 25th Nor. for 3s., in the name of Ann Stevens, by, I believe, the prisoner Wilson, but I will not swear to her.
THOMAS EVANS (policeman, G 145). On the morning of 2nd Dec. I assisted in taking M'Kendrick and another man into custody at the police court door at Worship-street—I said, "You are charged with being concerned with others in stealing a lot of watches and jewellery from Mr. Wood, of Holborn"—they both said, "I know nothing about it, I have had no jewellery"—M'Kendrick was taken to Mr. Sowerby's shop, and shown to Mr. Greaves; after which I had charge of him at the station—he said the watch that he took to the pawnbroker's he sold to a man in the street, whom he did not know, for 15s., and that he received it from a boy at a beer shop—I was with inspector Brannan when he went to Saunders's house—I brought Saunders out of the house; on passing his wife as he left the house he said to her, "Say nothing."
Cross-examined by MR. B. THOMPSON. Q. Did not M'Kendrick give himself up to you? A. No.
(The statements of Wilson and M'Kendrick before the Magistrate were here read, as follows—Wilson says, "I own I pledged one ring at Mr. Brook's, that is all I had to do in the matter"—M'Kendrick says, "All that I have to say is, Penfound gave me the watch that I offered in pledge in Chiswellstreet.")
JOHN HURLSTONE . I am second clerk, at Worship-street. The prisoner Saunders was examined there before Mr. Hammill, the Magistrate, on 27th Nov.—I was present, and took down the evidence of inspector Brannan; at the end of which Saunders said, "I said that was the watch; I told him he may take them freely"—on 9th Dec. I took the evidence on the examination of Penfound—after Garratt had given his statement about Penfound, Penfound said, "I told you three silver watches, as well as the gold."
THOMAS RAFTERY re-examined. All these articles are part of the property stolen from my master's house on the night of 23rd Nov.—I swear to the wedding rings, here is "J. O." on each of them—the sapphire ring found at Saunders's is worth 10l., and the gold watch about the same—the wedding rings are worth about 2l. at the cost price—the whole of the property found at Saunders's is worth about 22l.
(John Ramsay, butcher and tripeman, of No. 14, Long-alley, Moorfields, gave M'Kendrick a good character. Richard Stubbing, French polisher, of No. 8, Old-street-road, and Louisa Ford, tailoress, of Whitecross-street, gave Wilson a good character. Mary Rook and John Widdows gave Watts a good character. Saunders also received a good character.)
PENFOUND— GUILTY . Aged 16.— Transported for Fifteen Years.
SAUNDERS— NOT GUILTY .
M'KENDRICK— GUILTY . Aged 19.
WILSON— GUILTY. Aged 19 of Receiving.
WATTS— GUILTY . Aged 16. Transported for Seven Years.
Before Mr. Common Serjeant.
205. WILLIAM SCULTHORP, ELIZA SCULTHORP , and THOMAS PALMER , stealing 2 gowns, value 10s.; the goods of Jane Dunn; 1 gown, value 5s., of Eliza Hills; 1 petticoat, value 2s., of Mary Scott; 1 petticoat, value 2s., of Mary Barclay; and 1 pair of drawers, value 2s., of William Mason.
JOHN SMALL . I am a farmer, and live at Chingford. On 20th Dec; I saw the three prisoners in a cart at Chingford Hatch—they went by my house, between 1 and 2 o'clock—they went by Mr. William Mason's, and were hardly gone a minute before they turned back, I should not think they went above forty yards beyond his gate before they turned back—the female prisoner stopped in the cart and the two men got out, and got over some railings, went into the field, and ran to the lawn hedge and took this linen off—there was a variety of linen hanging on the hedge—each of them took some, and they were running back to the cart—I called to a young man to tell him—the prisoners did not get the linen to the cart, they lald it down by the side of the gate—I think they lald it down because they saw me, and another person ran up the road after them—they got into the cart, and I took hold of the bridle and sent for a constable—Sculthorp jumped out of the cart, I took him by the collar and told him he had better get in the cart till the officer came, which he did; and I gave the three prisoners to the officer.
Cross-examined by MR. W. J. PAYNE. Q. Where were you? A. At my own place, about fifty rods from the cart; my premises are separated from the high road by a low hedge, about a foot and half high—there was nothing else between me and where I saw this linen, except the fence, which is about a foot and half high—there was one part of the fence a little higher, it might be three or four feet high—I was standing on the ground—there was nothing to prevent my seeing the prisoners, I could see them as plainly as I can see you at this moment—their cart was the only cart that was there—after they had got the linen they lald it down and went to the cart; the woman did not get out at all—there was a little bit of holly in the cart—they were coming in a direction from Woodford.
JANE DUNN . I am servant to Mr. William Mason, of Chingford. I know this linen; I assisted in putting it out on the hedge at the bottom of the lawn to dry, about twice the length of this Court from the the house—these two dresses are mine—these others things belong to Eliza Hills, Mary Barclay, and Mary Scott—I know them all—these drawers belong to Mr. Mason—the other things are the servants'.
Cross-examined. Q. When did you put them out? A. At 11 o'clock in the day; they were not put near the high road—any one might get at them by getting over the fence.
THOMAS HOLDEN (policeman, N 346). I was called by Mr. Small; the prisoners were sitting in the cart—I asked Mr. Small what he wanted me for, he said to take the prisoners for stealing these things; the prisoners heard it—they said nothing.
(Eliza Sculthorp's mother stated that her daughter was the wife of Sculthorp, and that she would be eighteen years old in March.)
(Palmer received a good character.)
WILLIAM SCULTHORP— GUILTY . Aged 20.— Confined Three Months.
ELIZA SCULTHORP— NOT GUILTY .
THOMAS PALMER— GUILTY . Aged 21.— Confined Three Months.
CHARLES TREW . I live at West Ham. I had three old rabbits, and five young ones, eight altogether—they were shut up in hutches, and kept in a blacksmith's shop where I work—I saw them safe on Friday evening, the 24th of Dec.; I missed them about half past 6 o'clock the same evening—I saw a lad pass with a basket about that time—I ran over to my shop, which I had left locked up; J found the door wide open, I struck a light and went in, and missed the rabbits—I ran after the lad and passed him, I did not see him—I was telling a policeman, and the prisoner passed me with the basket on his head—I went and told him he had got my rabbits—he said he found them—he was taken into custody—some of the rabbits are here, I can swear to their being mine.
CHARLES WHIFFIN (policeman, K 76). About half past 6 o'clock in the evening of 24th Dec. the prosecutor came to me at Bow-bridge, and said his shop bad been broken open, and his rabbits stolen—while he was speaking the prisoner and another lad passed by—the prisoner had the rabbits on his head—the other lad ran away—as we were going to the Magistrate, the prisoner said they had stolen the rabbits, and had he known he should have been cocked with the rabbits, he would have kicked the b—lot over Bowbridge.
GUILTY . †— Confined Six Months.
WILLIAM RHODES . I live in Cottage-terrace, West Ham. About 2 o'clock on Sunday morning, 19th Dec, I was awake in bed—I heard a noise, but did not know whether it was in my house or the shed—I went to the window and found there was some one in my shed—I awoke John Roberts, who lives in my house—I afterwards saw the prisoner under my window—I jumped out of my bedroom window and took him—I found a spade underneath the window, and a pickaxe, and a fork—the pickaxe belonged to Mr. Roberts, and the spade and fork belonged to me, and a powder canister which the policeman found on the prisoner is mine; I had kept it in the shed—I had seen these things on the Sunday before, all safe—I went to the station, and gave the prisoner into custody—I knew him before, and he knew my premises—these are the articles.
Prisoner. Q. Is this your canister? A. Yes; I can swear to it—the policeman took it out of your pocket—I did not see any of the other property in your possession, it was so dark I could not see it.
JURY. Q. Were these things in your shed? A. Yes; there is no way of getting to it but by getting over a wall seven feet high—there were others, but they ran away.
called that morning about 2 o'clock—I went to his window; I moved the curtain a little on one side, and saw a man under the window—I said to Mr. Rhodes, "There is a man under the window"—I went and put on my trowsers, and when I came down Mr. Rhodes was bringing the prisoner in—I came in with him—I did not see anybody else—I found this pickaxe under the window—it is mine—the last time I saw it I put it in the shed about a fortnight before—the prisoner was given into my charge while Mr. Rhodes went for an officer.
Prisoner's Defence. I live next door to this man; I was going home on the Saturday night, I had two pieces of wood; I went to put them in my place, and I put them in his premises; I got over, and be came and brought a gun; I told him not to hurt me, I had come for the wood; he saw the wood; the spade and potato fork were not moved out of the shed at all; the powder canister is mine, I had had it three days before; he has known me a great many years, and knows nothing against me.
GUILTY . Aged 19.— Confined Twelve Months.
Before Mr. Common Serjeant.
NOT GUILTY .
MESSRS. LILLET and THOMPSON conducted the Prosecution.
WILLIAM ANGUISH . I keep the Feathers at Plumstead. On Wednesday, 22nd Dec, about 2 o'clock, the prisoner came to my house; be asked for a pennyworth of gin—I served him—he then asked for half a pint of beer—I served him, and he gave me a shilling—I put it in the till, and gave him the change—there was no other shilling in the till—I afterwards examined the shilling; I said I had no doubt it was good—I gave it to my wife—she gave it to Mr. Elliott.
THOMAS ELLIOTT . I am landlord of the Anchor and Hope at Plumstead. On 22nd Dec, between 2 and 3o'clock in the afternoon, I received some information which induced me to follow the prisoner; I saw him about 200 yards below my own house, handling his pockets—I followed him, and saw him speak to the policeman when he got into the Plumstead-road—the prisoner then went away—I made a communication to the policeman, and we both followed the prisoner—we overtook him, and the policeman said he was wanted for uttering bad money—he said he knew nothing about it, and he had no bad money about him—he walked on a few yards, and I followed to watch him—I saw him put his hand through a fence, and something like money fell from his hand—I called to the policeman, and told him what I saw—I went to the spot and found seven bad shillings—one of them I identified directly as a shilling that he bad tendered at my house—they were all loose, and one of them had rolled through the fence—these are the seven shillings I picked up—this one of them is one that had been tendered to me,
and I refused it—I received one shilling that day from Mrs. Anguish—I gave it to the policeman.
ALEXANDER ELLIOTT . I am the son of the last witness. On 22nd Dec. the prisoner came to my father's house—I served him half a pint of beer—he tendered me a shilling; I gave it to my mother, and she showed it to my father—he said it was a bad one—my mother took it back to the prisoner, and said, "This is a bad one"—he said, "Is it?"—he pulled out a sixpence, and that I changed.
SAMUEL ARCHER (policeman, R 322). On Wednesday, 22nd Dec, I was with Mr. Elliott in Plumstead-road—I followed the prisoner, I saw him lean against some black palings—I told him he was given into custody for tendering bad money, and on suspicion of having more in his possession—before we had proceeded above three paces, Mr. Elliott said, "Stop, constable, he has dropped something"—and he picked up seven shillings—when I first spoke to the prisoner, he said he knew nothing of it, and he had no bad money in his possession—we found one bad shilling in his possession, and 3s. 2 1/2 d. in coppers, 4s. 2d. in sixpences and fourpenny pieces, all good.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. These two shillings that were uttered are counterfeit—the seven that were found are counterfeit, and amongst them are two from the same mould as the first that was uttered, and three from the same mould as the second that was uttered.
Prisoner. I received the money down at Gravesend; I had no knowledge that they were bad.
GUILTY . Aged 19.— Confined Twelve Months.
GUILTY . Aged 22.— Confined Four Months.
MARY CUMMINGS . I am the wife of David Cummings; we live at Foot's Cray. In May last, I lived in Elizabeth-place, Greenwich—I missed my two dresses from a line in my garden—I cannot say on what day it was—I had seen them about an hour before I missed them—I found one of my gowns at Mr. Mackay's, in East-street, about a week afterwards, and I found the other in Union-street, a day or two afterwards—these are them, I can swear to them, I made them both myself.
SARAH MACKAY . I keep a shop in East-street, Greenwich—I bought this gown of the prisoner in my shop, in May last—she came to sell it—I asked her if it was her own; she said it was—I had not known her before I bought the gown, but when I saw her again I knew her—I can swear she is the person.
JOHN NEWALL (policeman, R 340). I produce a certificate of the prisoner's former conviction at this Court (read—Mary Taylor, convicted Dec, 1851, on her own confession; confined three months)—the prisoner is the person.
GUILTY .* Aged 36.— Confined Twelve Months.
Before Mr. Recorder.
WILLIAM GLADWIN (policeman, R 122). On Saturday, 18th Dec., I was in company with Newell, near the market head at Woolwich—I saw the three prisoners together about half past 7 o'clock, or from that to a quarter to 8 o'clock—they were in company; I saw them speak to each other—I observed them for about an hour; I had been watching their movements—I did not see Mrs. Bowman—I saw Williams put her hand into a lady's pocket that stood in Hare-street—I saw her then go to several places, and come back to Hare-street, and put her hand in Miss Tucker's pocket—I then took her into custody.
HARRIET BOWMAN . I am the wife of Thomas William Bowman, a brewer in Mount-street, Woolwich. On Saturday night, 18th Dec.,. I was in Woolwich, shopping—it was about half past 8 o'clock, or from that to a quarter to 9 o'clock—when I left home I took my purse; I had in it a sovereign and a crown-piece—after I left home, I lald the sovereign down at Mr. Reynolds', where I paid a small grocery bill—he gave me change for the sovereign, a half sovereign, and 6s. in silver—there was one sixpence, one half crown, and I think the rest was shillings—I put them with the crown piece in my purse, in the pocket of this dress that I have on now—I went to Mr. Andrew's, a china dealer's shop in Hare-street; I was there about ten minutes or a quarter of an hour after I had got this change, and put my purse in my pocket—about ten minutes after I was standing at Mr. Andrew's shop I went to a pastrycook's at Market-head, to purchase a bun, and I said I had lost my purse—that was the first time I missed it—this is my purse (looking at it), it has some of my work in it—I saw it again at the station—my mother was out that evening.
Cross-examined by MR. DEARSLEY. Q. How long before you missed your purse had you seen it safe? A. Ten minutes or a quarter of an hour—there were a good many people about, the streets were rather crowded—there were a good many people round the china shop; one made the remark how cheap they were selling—they were selling off—there might perhaps be thirty persons about the window—there was not a good deal of crushing and crowding—there are two windows—my mother was not with me; I did not see her till after I left the pastrycook's—I told her I had lost my purse—I did not think I had left it at some shop—that was not mentioned.
COURT. Q. Was that the first time that you mentioned you had lost your purse? A. No; I mentioned it in the pastrycook's shop—I said so to the gentleman—I said I could not have my bun.
MARY BISHOP . I am the mother of the last witness—on the night she lost her purse I was out, but she did not know I was out—I saw her standing at Mr. Andrew's china shop—I was on the same side of the way—I saw the prisoner Williams standing by the side of her—my daughter was standing with her back to me, looking in at the window—she was about two yards from me when I saw her, and Williams close to her—that part is lighted with gas—I could not say whether there was a light near there, but there was a light in Mr. Andrew's window—there was light enough to see the persons that were there—I have no doubt Williams was the woman, by her bonnet and shawl—I did not see her face.
Cross-examined. Q. What was the bonnet? A. A black bonnet, and a dark brown shawl—there were other females standing there, and men as well—I did not remain there; I went over the way to the butcher's shop.
COURT. Q. When did you see the prisoner Williams again, after you saw her standing there by your daughter? A. When I went up to the Court—I cannot say when that was—it was not on the next Monday; it was the second time I saw her—it was last Monday—I knew her by her bonnet and shawl; it was a black bonnet and a very dark brown shawl—I had not given a description of her to any one, but when I saw her again I was satisfied that I knew her.
JAMES WALL . I am a private, in the Royal Marines. On Saturday night, 18th Dec., I was at Mr. Andrew's china shop, in Woolwich, between 8 and 9 o'clock—I saw the constable take the two male prisoners in custody, close to the shop—when the officer was taking them to the station, he said, "Look out, there is a purse or something thrown away"—there were a good many people—I was looking round to see if I could see it, and I picked it up close by the window of Mr. Andrew's shop—I was going to take it to the Station—I saw the police sergeant, and gave it him.
WILLIAM GLADWIN re-examined. I took the two male prisoners into custody, and Newell took the female prisoner—I saw her throw something away—before I took the men I had seen her speak to them—when I took the men they were close behind the female, opposite Mr. Andrews's shop, in Hare-street—I was close behind them—I was in plain clothes, and so was Newell—I saw the prisoner Williams put her hand into Miss Tucker's pocket, and take her hand out, and turn to the men, with money in her hand—I did not see Mrs. Bowman; I know nothing of this case.
NOT GUILTY .
MR. SLEIGH conducted the Prosecution.
WILLIAM GLADWIN (policeman, R 122). On the evening of 18th Dec. I watched these prisoners from Market-head to Hare-street, from there to Powis-street, and back to Mr. Andrews's shop, in Hare-street—they were all together—I there saw the prisoner Williams go by the side of Miss Tucker, who was standing looking in the shop—the two male prisoners stood close behind Williams, and I stood close behind the men, so that I could notice what Williams was doing—I saw Williams's face—I saw her put her hand into Miss Tucker's pocket, and take something out—she turned herself and spoke to the two men prisoners—I saw silver in her hand; I saw her pass something to one of the male prisoners, but I could not see which of them—I caught hold of the male prisoners; Williams, shoved back into the crowd, and my brother officer caught her—I saw her throw something away—I said, "She has thrown something away; if you look for it you will find what it is"—I told the men I took them into custody for picking pockets—they said they had picked no pockets—I did not speak to Miss Tucker, having the two prisoners, and I thought she would follow me to the station—I knew her, and could find her—I found on Cheeseman six half crowns, twenty-three shillings, two sixpences, a 2s. piece, a 4d. piece, 2 1/2 d. in copper, and a flash note—he was carrying this basket, which contains a few apples, a little tea and sugar, a piece of soap, and one female's glove.
Cross-examined by MR. DEARSLEY. Q. How far were you off Williams when she put her hand into the pocket? A. I should say about a yard—I
stood behind the male prisoners—there were no persons between us; they were so situated that I could see what she was doing—the men kept moving about to hide people from seeing her.
JOHN NEWELL (policeman, R 340). I was with the last witness—I had been watching these persons about an hour—I had the opportunity of seeing Williams's face several times—I was on the opposite side to Mr. Andrews's shop—I saw Williams go in the crowd, opposite the china shop, and the two men followed close to her—they stood a short time, and I saw Gladwin seize the two men—Williams made off, and I took her—she swung herself round, and said, "Let me go"—I told her I took her for picking pockets—she said she had done nothing of the kind—I had seen her that evening opposite a butcher's shop, about a quarter of an hour before she put her hand into a female's pocket, and take it out again—when she swung herself round I saw something go from her hand, but I could not see exactly what it was—I called out, "She has thrown something away!"—I searched the prisoner Barry; J found on him two sovereigns, one half crown, a pawn ticket of his jacket, and two keys—I asked him how be accounted for the possession of that money; he said he got it by going about to different houses singing—I asked him his address; he said No. 45, Angel-place, Islington, and that is false—I went to make inquiries; there is no such person to be found; there is no No. 45; there are only about two shops in Angel-place.
Cross-examined. Q. How many persons were about the window? A. I could not say—there were two shop windows, and several persons about each of them.
EMMA TUCKER . I am single; I live in Ann-street, Woolwich. On Saturday night, 10th Dec, I was standing in front of Mr. Andrews's, I think about half-past 8 o'clock—there were some baskets outside, with things marked—I was selecting some cups—I had a purse in my pocket; I had seen it about ten minutes before; I had been to a butcher's, and had it out—I had in it a 2s. piece, a 4d. piece, and 8s. 6d.—I had paid for some meat at the butcher's, changed a half sovereign, and had 8s. 6d. change—I had tendered the florin to pay for the meat, but they demurred about taking it, and I said, "Never mind, I have a half sovereign"—when I was at the china shop I put my hand into my pocket to pay for my cups, and missed my purse—I did not see the prisoners taken; there was a crowd round the door, and I made the best of my way home—I said I could not pay for what I had bought, I had had my pocket picked.
Cross-examined. Q. Did you see the policemen? A. No; they were in plain clothes—I know Gladwin by sight—I did see him there—I did not see any persons taken—Gladwin did not come to me—I heard some persons were taken for picking pockets, and I went to the station on Wednesday night, and saw the officer—I heard there was a purse found, and as I had lost one I thought perhaps it was mine, but it was not.
COURT. Q. Why did not you give immediate notice to the police when you missed your purse? A. I did not—there were several persons round—there was a great deal of noise in the street.
COURT to GLADWIN. Q. IS this the lady that you saw the prisoner Williams close to? A. Yes; I knew Miss Tucker by sight, but I did not know where she lived—I went baok to the shop and inquired.
NOT GUILTY .
Before Mr. Common Serjeant.
GUILTY . Aged 49.— Confined Fourteen Days.
215. JAMES PERRY and HARRIETT PERRY , stealing 10 pairs of upper leathers for boots, and other articles, value 8l. 6s.; the goods of Mary Ann Axtell, the mistress of James Perry: to which JAMES PERRY pleaded
GUILTY . Aged 22.— Confined Six Months.
JAMES ROBERT AXTELL . I am a bootmaker, at High-street, Woolwich, my mother, Mary Ann Axtell, who is a widow, is the mistress of the shop—James Perry was onr shopman, and went by the name of Martin; on Saturday, 11th Dec, he left to go to tea at about half past four o'clock, and did not return—I sent to Mr. Crosling's, where he lodged, to know why he did not return; and in consequence of some conversation I requested Mr. Crosling to watch the prisoner—on the following afternoon I heard he was in custody at Paddington; I went there and was shown some boxes, I found property in them belonging to my mother—the female prisoner bad worked for us three weeks as a shoe binder—she passes as the man's wife.
WILLIAM CROSLING . I live at Kent-terrace, Woolwich; the prisoners lodged there, and the female passed as the man's wife; they came together, and left together—in consequence of a conversation with Mr. Axtell, I went to the railway station, and traced the prisoners to Paddington—I went to the police station there, got a policeman, and he in my company apprehended the prisoners—some boxes were found in the cloak room at the Paddington station; they were taken to the police station, and there opened in the prisoners' presence—they contained a quantity of shoes and leather—the male prisoner said they were Mrs. Axtell's property.
JOHN BAGGETT (policeman, A 394). I went with Mr. Crosling to the Paddington railway station, and found two boxes in the cloak room—they were taken to the police station and undone in the prisoners' presence—the male prisoner said the whole of the goods belonged to his mistress.
(The Court having read the depositions, stated that there did not appear sufficient evidence to convict the female, even supposing she was not the man's wife.)
HARRIETT PERRY— NOT GUILTY .
GEORGE REEVE . I am a carrier—the prisoner was in my service—I have known him two or three years; he has lived with me before, but this last time he has only been with me three weeks—on Friday, 10th Dec, I gave him a sovereign to pay for an advertisement in the Morning Advertiser; I do not know whether I gave him the advertisement, or the man who takes the orders, but I gave the prisoner the money to pay for it—I asked him next morning for the receipt; he said he was too late, when he got round the office was closed—I had given it him between 2 and 3 o'clock on the Friday afternoon, when I was ten or twenty yards from my own office door in Greenwich; the Morning Advertiser office is in Fleet-street, London—I told him on the Saturday afternoon to go again and take care to be in time; he left at three o'clock, or half past, and did not return again—he ought to have returned on the Saturday night, and he ought to have come on Sunday to look after the horses—on the next morning, Sunday, I found the advertisement on the desk in my office—this is it (produced)—on the Monday about 12 o'clock, I saw the prisoner on Croom's-hill, at the corner of Greenwich-park gates—when he saw me he walked away as fast as he could; I called after him, and said to him, "What is the reason you have not come to settle with me?" he said, "I suppose I can come when I like"—I said, "Give me the sovereign I gave you to pay for the advertisement?" he answered that I and the sovereign might both be b—, and I then gave him in charge.
Cross-examined by MR. PAYNE. Q. Had he been in your employ on two previous occasions? A. I do not know whether it is once or twice—I will not swear he came back more than once—he went to another carrier's—my carts go up to London at 2 o'clock, but sometimes it is nearer 3 o'clock—there are two persons go with each cart—a man named Radley went with the prisoner—the carmen bring me their accounts daily in the morning, of the previous day—I keep books, but I have not got them here—I saw Radley on the Sunday morning, and he said he had put the advertisement on my desk—the prisoner had 1l. 5s. 2d. of mine in his hands when I gave him this sovereign, that is for the business; if the men have anything to pay out separate, I give them the money for it; the prisoner had several other things to pay out that day, he had to pay 10s. 6d. out for one parcel, and 4d. for another—Radley gave me 16s. on the Sunday morning, which I understood he paid on the prisoner's behalf; the balance of the account for the money he had taken, deducting his week's wages—it is impossible for him to have paid me the sovereign and I forget it in the hurry of business—I prosecuted a man named Crew for embezzlement two or three sessions ago; the Grand Jury threw out the bill—I may have called the prisoner names occasionally—I did not on this occasion call him a blasted thief—I swear I said nothing of the sort; I might have said, "You are a d—d pretty fellow for running away"—I do not think I said that, I know I was very angry when he said he would not come and settle with me—I have never received this sovereign—there was a lad of the name of Simonds with the prisoner when I saw him on the Monday—I did not strike the prisoner—I took him by the collar—the prisoner was bailed by the Magistrate, and has surrendered here this morning—on the Saturday, when Radley went off with the cart, I found the prisoner had gone home to his dinner, and I said to Radley, "Wait ten minutes and then let him follow you."
FREDERICK WILLIAM COPPERTHWAITE , (policeman, R 119). I took the prisoner, and told him the charge; on going to the station he said Mr. Reeve had struck him in the face, and asked me if his face was red; and he also said, Mr. Reeve had had the sovereign, and he knew it.
Mr. Payne called
----RADLEY. I am in the prosecutor's employ—I gave him 16s. on the Sunday morning, and put the advertisement on his desk—I have known the prisoner ten or twelve years; he has borne the character of an honest man—I went away on the Saturday with the cart, before him.
COURT. Q. Who did you get the advertisement from? A. Mr. Reeves gave it to Page on the Friday, and Page gave it to me.
(The prisoner received an excellent character.)
NOT GUILTY .
FRANCIS WILLIAM VANT . I am a linendraper, at Woolwich—these four silk handkerchiefs (produced) are mine—I know them by my mark on them—they were taken away about three days after I had purchased them—I have not the slightest doubt this print dress and robe dress (produced) are mine also, but there is no mark on them; they are exactly like mine, and there are others like them—I have lost the handkerchiefs within the last three weeks—they were on the counter, at the end of the shop.
Cross-examined by MR. PLATT. Q. You do not know when you missed them? A. I cannot say to a day or two—I do not know who took them—I do not know the prisoners—the mark has been taken off the prints—thousands of such pieces are made.
JOHN NEWELL (policeman, R 340). I searched a box at the male prisoner's house—he had told me at the station where he lived—a little girl, sister of the other prisoners, was there—the box was not locked; it had been previously searched by another constable—I found these four handkerchiefs and the dresses in the box, and also another piece of print—I went back to the station and asked the male prisoner how he accounted for these things that were found in his box—he said he knew nothing further than that the girls must have brought them home—the girls were in custody at the time.
Cross-examined. Q. Who made the first search? A. Fisher, who took them in custody—I was not present.
Cross-examined. Q. Was the male prisoner there? A. Yes; he made no objection—he is a stoker, belonging to a roan of war, and he has been about three years in the army—he is an honest man, as far as I have seen him—he is sometimes away from home a fortnight or three weeks—the two female prisoners, and two more children and the male prisoner, lived in one room—the female prisoners were present when I made the search, and while I was making the search the male prisoner said he knew nothing about the robbery; his youngest daughter told him her mistress had given her the things—the box was locked; he gave me the key, and gave me leave to look—the girl was in service about a fortnight before.
NOT GUILTY .
JOSEPH WATES . I live with Davis and Son, drapers. On Tuesday, 21st Dec., about three in the afternoon, I found two square shawls gone, and early next morning I missed a long shawl from a stand inside the door—it was safe about 6 o'clock, the night before—the others I had seen safe, about three hours before I missed them—these shawls (produced) are the two I lost on Tuesday, and this (produced) is the one I lost on the Wednesday morning—they are Messrs. Davis's property; they are the patterns of those we lost; there is no mark on them—I went with the policeman to the house of the prisoners' father, and saw him there, and the prisoners also—the policeman told the father that his daughters were charged with stealing shawls—he said he knew nothing of it, he had more shawls in his box, and said, "Will you come up stairs and see?"—we went up stairs, and he opened the box, showed us two other shawls not referred to here, and said his youngest daughter had brought them home as a present from her mistress, Mrs. Stride—I found this shawl, which was taken on 22nd, in the hands of the prisoner Amelia. who was outside a pawnbroker's door, and the other girl was with her—I told her it was my shawl—she said it was given her to pledge by a woman living in Coleman-street, whose name she did not know; and as we went towards Coleman-street, she said her father had given it her—there is nothing by which I know the shawl, except the pattern—I had seen it ten minutes before it was missed, and the prisoner only had been in the house during that time—I missed it at half past 10 o'clock, on the Wednesday morning.
Cross-examined by MR. PLATT. Q. Did not you say not a quarter of an hour ago that you did not miss that shawl till nine in the morning? A. That is not this shawl—I know nothing myself of who was in the shop—I swear this shawl was not sold to any person—I missed it at about a quarter to 11 o'clock, ten minutes before which time I had pinned it to a piece of tape in the constable's presence—I did not see either of the girls near at that time—it was about 3 o'clock the same day, that I found the prisoners at the pawnshop; neither of them were in the shop—I swear this shawl is the exact pattern of the one I lost; there are thousands of the same pattern.
BENJAMIN FISHER (policeman, R 272). Examined by MR. PLATT. I have ascertained that the little girl (Amelia Ann) had left Mrs. Stride's service about a fortnight before; she had been there three or four months—Mrs. Stride is a respectable woman, her husband is a pensioner in the Navy.
NOT GUILTY .
JOSEPH WATES . On 21st Dec. I missed two shawls, which I had seen safe three hours before near the door; in consequence of which I went to the station-house—these are the two shawls (produced); I know them by the pattern—I afterwards went with the policeman to the prisoners' father's house—I saw the father and the two prisoners; I went with the two prisoners, who were in custody at the time on another charge—we went about a shawl which has been before spoken of—I said his daughters had stolen a shawl, and the man said he had more shawls in his box given to the younger prisoner by Mrs. Stride, her mistress—the box was opened in the prisoners' presence, and two other shawls and several other things were in it—the policeman found these shawls, they were not in the box at all.
Cross-examined by MR. PLATT. Q. TOU do not know where these two were found? A. No; I only know them by the pattern—I missed them about 3 o'clock on the Tuesday—I do not remember seeing either of the prisoners at the shop that day; the younger one was at our place almost every day, and used to buy halfpennyworth's of pins.
COURT. Q. Did you lose any printed cotton? A. Yes; this (produced) is it—I only know it by the pattern.
JAMES CASHWAY . I am assistant to Mr. Burt, pawnbroker, of Woolwich—I produce one of these shawls—it was pledged by the prisoner Lavinia on 21st Dec., in the name of Mary Dible—I knew her before, by pledging at our shop frequently.
Cross-examined. Q. Did you always attend to her yourself? A. Not at all times—a great many persons come in and out.
WILLIAM GILBERT . I live with Mr. Tuff, pawnbroker, of Woolwich—I produce one of these shawls; it was pledged on 21st Dec., for 3s., in the name of Ann Dible—I cannot tell who pledged it—I gave a ticket to the person, whoever it was—this (produced by Newell) is the ticket I gave.
JOHN NEWELL (policeman R 340). I searched the prisoners' premises on 22nd December, and found four duplicates in a box, in which there were females clothes; two of the duplicates are for shawls pledged on 21st Dec., and one for a piece of cotton-print pledged on 26th Nov.
NOT GUILTY .
Before Mr. Justice Williams.
MESSRS. CLARKSON and BAYLEY conducted the Prosecution.
SARAH MEDLEY . I reside at Herne-hill, Dulwich, with Mrs. Goulding as her companion; she is unwell and very aged; she does not usually see persons who call, only very intimate friends. On Sunday, 7th Nov., about the middle of the day, perhaps 2 o'clock, the prisoner called and asked me for change for a 10l. note—I said I would see if Mrs. Goulding could give him change, I came back and told him we could not, we were very much troubled to get small change up the Hill, and it did not suit to give him change—he said he wanted it because he had a new situation in view, and he was engaged—(I had before that given him money from Mrs. Goulding)—I did not change the note, or send him anywhere to get change—I did not know that he was going to get change—he left, and within an hour afterwards returned, and said he would pay 2l. towards the debt he owed Mrs. Goulding, which he paid to me.
Cross-examined by MR. PAYNE. Q. How near is Mrs. Goulding's house to the Half-moon public house? A. About a quarter of a mile, or not so much—I have not known the prisoner long—he is not a relation of Mrs. Goulding—I do not know that he calls himself so—Mrs. Goulding's Christian name is Elizabeth—she has not also the name of Paulina. she has no other name—she is a very old friend of mine—I do not know that the prisoner has been to sea. I have heard so—Mrs. Goulding knew the prisoner's grandfather, who was a relation of hers, but we do not consider the prisoner a relation—his grandfather was Mrs. Goulding's cousin—the prisoner first came to Mrs. Goulding's in the middle of the summer, it might be July—he came to ask for money, and borrowed some of Mrs. Goulding.
MR. CLARKSON. Q. What age is Mrs. Goulding? A. On the 5th of March she will be ninety; she is not bed-ridden, but she does not come out at all—I never saw the prisoner before July, when he came to ask for a little money for a situation he was going into, and I gave him 1l. from Mrs. Golding—he afterwards called again, and had 4l. more—when he came on Sunday, 7th Nov., he said if I would give him change for the note he would pay off 2l. of the debt he owed.
WILLIAM JOHN WEBB . I keep the Half-moon, at Dulwich. On Sunday, 7th Nov., between 3 and 4 o'clock in the afternoon, I was in my bar; the prisoner came in and asked me if 1 could change a 10l. note for Mrs. Goulding—I told him I could—(Mrs. Golding lives near me, and is a very charitable lady, making gifts on Sundays)—I gave the prisoner nine sovereigns and two half sovereigns, and he put this note on the counter—I asked him to put his name on the back of it, and he wrote this "P. Goulding" on it—he had a glass of ale and a cigar, for which he changed one of the half sovereigns, and then left—I paid the note into the Excise-office next day (Monday), and on the following Saturday it was returned to me stamped" Forged"—the prisoner was dressed quite differently to what he is now, he was quite respectable then, and wore a black coat, waistcoat, and cravat—I wrote nothing on the note, but can swear that this is the signature he put on it.
Cross-examined. Q. You change a good many Bank notes at the Halfmoon? A. Yes; I examined the note more closely after the prisoner left,
and did not like the appearance of it, still I paid it to the Excise—I had not known the prisoner before—this was on a Sunday—people dress differently on a Sunday in my neighbourhood.
WILLIAM PARTRIDGE . I keep the Windmill public house, Claphamcommon. About the beginning of the second week in Nov., between 9 and 12 o'clock in the morning, a person very like the prisoner, but differently dressed, came and asked me to change a 5l. note—I have no doubt in my own mind that the prisoner is the man—he had the note in his hand; I said, "Who for?"—he said, "For Mrs. Gassiott, over the way"—I asked him to put Mrs. Gassiott's name on it, and got him a pen and ink inside the bar; he wrote "G. Lomax" on the note, and I gave him five sovereigns, I think, for it—this is it (produced); this is the person's writing on the back; there was no other writing on it at the time—I kept it till 12th Nov., and then paid it to Mr. Haddock, Messrs. Young and Bainbridge's collector, and it was returned to me on 16th, with "Forged" printed on it—I was standing behind the bar, saw the man coming in, and thought it was Mr. Gassiott's butler, and looked particularly at him, because Mr. Gassiott's butler wears a white neck handkerchief, and the man who came wore a dark one—it was not Mr. Gassiott's butler, and I have no doubt in my own mind that the prisoner is the man.
Cross-examined. Q. How long was he in the place? A. Five or six minutes; he was a long time writing the name.
MARGARET WRIGHT . I keep the house, No. 21, Sherborne-street, Paddington. The prisoner lodged with me, up to about a fortnight or three weeks of his being taken, with a woman who I believe to be his wife, and a child—they occupied the front kitchen—I understood from him that he had been a sailor and an omnibus conductor—during the latter part of the time he was in my house he had no occupation—after he left, the officer, Pitt, came, and I pointed out to him the prisoner's lodging; it was about 12 or 1 o'clock in the night—the prisoner was a weekly tenant; he gave me no notice of his going away.
JOHN BAKER . I lodge at No. 12, Shouldham-street. I remember the prisoner coming there on 13th Nov., about 11 o'clock in the evening—he lodged in my rooms, and slept in the same bed with me—he lodged there three nights altogether—he dressed in black—I was present when the police officer came—the room the prisoner lodged in was the top room back.
LIBERTY PITT (policeman, D 181). In consequence of information I obtained, I went on Saturday, 20th Nov., to the Windsor Castle, in Churchstreet, Edgeware-road, about half past 7 o'clock in the evening, and saw the prisoner in front of the bar—I asked him if his name was not Allen; he said it was—I asked him if he would step outside just for a moment—he came out, and I asked him if he had not some friends living in the neighbourhood of Camberwell or Dulwich; he said he had—I asked him if he had not been there and changed a 10l. note—he said he had, about two Sundays ago—I told him it was a bad one, that I was a policeman, and took him into custody for it—(I was in plain clothes)—I told he must come to the station with me; he begged me to let him go—I told him he must come to the station, and the inspector could do as he liked; I took him there, and the inspector desired me to take him to Dulwich—I did so, and the landlord identified him directly—I took him back to Camberwell; he was locked up till the Monday, and then taken before a Magistrate, where he made a statement; he was then
remanded till the Monday afterwards, and committed for trial—I searched his lodging, at Mrs. Wright's, No. 21, Sherborne-street, on Sunday morning, 21st Nov., about 1 o'clock, after I returned from Dulwich—I went into the kitchen, by the direction of the landlady, and found on the dresser a pocketbook, and this card, with "George Gordon Lomax" on it (produced)—when I took him he had on a black coat and trowsers, a black satin necktie with long ends, and Wellington boots—I afterwards saw him in prison; he then had no waistcoat or under coat on, only a top coat, which was a worse one; the black satin tie was gone, and he had a red handkerchief—his dress was quite different to what it was when I apprehended him—about the beginning of Dec., nearly a fortnight after I apprehended him, I searched the other lodging, in Shouldham-street; I had not found it out before that time—this paletot, pair of trowsers, boots, and shirt, were handed to me by Mrs. Pradhall, the landlady of the beershop, as belonging to the prisoner—Mr. Baker was present—in the pocket of the coat I found a shirt front, and these two copies of the Police Gazette; part of one bears date 9th Nov., and the other 15th Nov.
Cross-examined. Q. You took him at one place, and found these things at another? A. Yes; I said to the prisoner," Have you been at Dulwich lately?"—he said, "Yes, two or three Sundays ago"—I said, "Have you any relations there?"—he said, "Yes, an aunt"—I said, "Did you change a 10l. note at the Half-moon?"—he said, "Yes"—I said it was a bad note, and took hold of his arm—he said, "Let go my arm; you will find I am a very different person from what you take me for; "I said, "I shall not let go of your arm till you go to the station"—as I was riding with him in the cab, he said he was heir to 30,000l. at Cambridge.
JOHN BAKER re-examined. The prisoner slept with me for some nights—I saw this shirt front produced in his room, and asked him if I should get it washed for him, as he was from his home—he said, no, he would take it and get it washed at his laundress's—the coat produced is the one he used to wear—I was present before Mr. Elliott when the prisoner made a statement.
Cross-examined. Q. How do you know the shirt front and coat? A. I have looked at them before—I know the front by its being buttoned in this way; there are no initials on it—there is no mark on the coat, but the lining is torn just by the sleeve—that is not an unusual thing.
(The prisoner's statement before the Magistrate was here read, as follows:—"About three weeks and a half ago I went to see Sir Joseph Douglas, who is a friend of mine, in Duke-street, Adelphi, to get a berth on board a steamer to go to China; he called at my house previous to that, but I was not at home, and as I was coming back in the Strand I met a gentleman I thought I knew; his face was very much tanned, and I thought he had been abroad, and that I knew him; I ran after him, and said, 'Is your name Dyer?' he said, 'Yes; but I have no recollection of you;' I asked him if ever he had been on board the Hercules, at China. and he said he had, and since then he said he had been captain of the Rajaremri; he said, 'What is your name?' and I said, 'Allen,' and he shook hands with me and knew me; he was chief mate on board the Hercules, and I was second mate, ten years ago; we had several glasses together, and got three sheets in the wind, and I was with him all that day and the next, and he asked me if I was not going out to India again, and he said he had come home for his health; I told him I had not got money for my outfit, and he gave me this 10l. note, and told me he was going to the North to see his friends; he took my address, and said when he came back, if I wanted 5l. or 10l. more I could have it.")
WILLIAM WYBIRD . I am inspector of notes to the Bank of England. I have examined this note; it is a forgery in every respect, and the paper is bad—this other note is also a forgery, and is of the same description as the other, and is the same kind of paper.
MR. PAYNE to LIBERTY PITT. Q. Did Mr. Partridge, in your presence, say he could not identify the prisoner from two other persons who were there? A. No; I did not say, "That is Allen," and Cook, the gaoler, did not then say, "I am ashamed of you; when I bring a party out to identify him, you point him out"—he said to the prisoner," You have seen my face before"—he made no answer, and I then said, "That is Allen."
MR. CLARKSON. Q. Was that after Mr. Partridge had said to the prisoner, "You have seen my face before?" A. Yes, I believe it was.
Prisoner. He was at a loss to identify me; you pointed me out, and Mr. Cook said you ought to be ashamed to do it.
(William Squib, tobacconist, of No. 37, Princes-street; Jeremiah Keeble, a painter, of No. 23, Exeter-street, Lisson-grove; and M'Gee Pratt, oil and colourman, of No. 85, Lisson-grove, gave the prisoner a good character.)
GUILTY . Aged 32.— Transported for Ten Years.
Before Russell Gurney, Esq.
GEORGE TRIMMINGS . I keep the Three Goafs Head, Wandsworth-read. On Wednesday night, 22nd Dec., I went to bed about half-past 12 o'clock—I saw the house closed up safe; the window adjoining the garden was fastened with a regular sash fastening, and an additional thumb-screw by the side—I was not disturbed in the night,. I got up about 5 o'clock in the morning, and found the till open—I found everything secure but the back parlour, the window of which had been broken, and the sash pulled to the top—there were dirty marks under the window, which were not there before, and I observed footmarks in the garden or yard—there had been taken from the till 4s. 6d. in copper, two sixpences, and a quantity of farthings—I afterwards saw the constable place a boot alongside the footmarks, and it corresponded; one boot was worn very much on one side, and it pressed in on one side very much, and very slightly touched the other—there was no bole in the boot I saw.
THOMAS NEWMAN (policeman.) On 25th Dec. I apprehended the prisoner in a yard at the back of the Southampton Arms—I took these boots (produced) from him, and compared them with some marks which I discovered—they corresponded—here is only one large nail in the heel of this boot, and that I found in the impression in the garden; here is a hole through the sole at the toe, and there was a print where that hole was—I have not seen the prisoner latterly at the Goat's Head—I found nothing on him.
Prisoner. It is strange that he was thirty or forty hours before he took my boots away. Witness. I took him on the 25th, at 5 o'clock in the morning, and compared his boots with the footmarks on Sunday, the 26th—I did not take his boots off at once, as J did not know that there were any footmarks then.
Prisoner's Defence. There is a wall, which has been knocked down lately, and there was free admission from three or four bouses for people to run all over the yard; if he had had any suspicion against me, why should not he have taken me and made me tread in the same footmark; there is only his hare word against me.
NOT GUILTY .
GUILTY .— Transported for Seven Years.
Before Mr. Justice Williams.
223. JOHANNA CONNELL was indicted for feloniously administering to George William Lapham a certain destructive thing, viz., 4 drachms of vitriolic acid, with intent to murder him.—2nd COUNT, for attempting to administer.—3rd COUNT, for applying the same, with intent to burn him.—4th COUNT, with intent to do grievous bodily harm.
MR. SLEIGH, for the prisoner, put in a plea of autrefois acquit to the two first counts of this indictment (For former trial see page 85); to which there was a replication of nul tiel record on the part of the Crown. The COURT expressed a doubt whether this was the correct form of proceeding, as the record had not been properly made up, but upon Counsel consenting to take the record as completed, it was adopted.
MR. SLEIGH, in support of the plea. submitted, that under 14 and 15 Vic. c. 100s. 9 the Jury, upon the former indictment, might have found the prisoner guilty of an attempt to commit the murder with which she was then charged, although they acquitted her of the actual murder; if that were so, it disposed of the whole question. It was true that this was not in totidem verbis the same offence, but it was not necessary that it should be so in so many words: for upon a charge of murder a verdict of manslaughter might be found, although that was not the charge in the indictment. MR. JUSTICE TALFOURD inquired whether it was contended that under the first indictment the prisoner might have been convicted of the Statutable felony now charged? MR. SLEIGH did so contend; the charge was an attempt to murder; if a person fired a loaded gun at another with intent to murder him, he would certainly commit an attempt to murder, and that was identical with the present case, which he thought was widely distinguishable from Reg. v. Bird, Reg. v. Phelps, and others of that description. Upon these grounds he submitted that there was such a record before the Court as had been denied by the Crown. MR. B. THOMPSON, on the same side, said that the real question was, whether the prisoner had been in jeopardy before, on the charge contained in the two first Counts; he contended that she had, because, upon the previous indictment, she might have been found guilty of an attempt to murder, if the facts had warranted it. The word "attempt" in the 9th section was to be taken in a broad and general sense: and from two cases referred to by MR. BARON MARTIN, in Reg. v. Bird, it might be taken as including all those Statutable crimes which commenced by an attempt to destroy life, but which failed in destroying it.
MR. CLARKSON, for the Crown, did not desire to dispute the proposition, that under the former indictment the prisoner might have been convicted of an attempt to murder, but that attempt would have amounted only to a misdemeanour, which was a totally different offence to the present. The 9th section was evidently intended to provide for the nonescape of persons charged with felony, which felony included a misdemeanour; and could not have been designed to preclude a person, acquitted of an aggravated felony, from being afterwards indicted for another felony of a less serious character. This was evident, from the wording of the 11 th section, which would have been altogether unnecessary had the 9th given a general authority for such a finding as was now suggested.
MR. SLEIGH, in reply, urged that there was nothing to warrant the assumption that the finding of an attempt to murder would be only a misdemeanour: that
was a question to be decided; and as to the 11th section, it was a special clause, framed to meet a special state of circumstances arising in the caseof Reg. v. Reed Ackroyd, and other, and did not take away the effect of the 9 the section, upon which he relied.
MR. JUSTICE WILLIAMS Felt some difficulty in saying that the form of replication which had been permitted here, was one that the case required; but Counsel having consented to treat the issue of nul tiel record (raised upon this record) as one which raised the question whether the prisoner could have been convicted under the former indicatiment of the charge contained in the first and second Counts of the present, he was content to rest his judgment upon that footing. It had not been contended, on the part oofthe prisoner, that at Common Law she could, under the former indictment, have been convicted of the charge, which was the subject of the first and second Counts of the present indictment; but it was said tht she was in jeopardy, because she might have been convicted under the 9th section of 14 and 15 Vic. He was of opinion that she owas in no such jeopardy; for that section would only enable the Jury to convict of a charge, simpliciter, of an attempt to commit a felony, which wuld only amount to a misdemeanour. The various portions of the section seemed to warrow the expression, "Attempt to commit, "to an attempt, simpliciter, to commit the felony; the only verdict the Jury were authorized to find was simply a verdict of guility of an attempt t commit the felony, while on the record there was nothing to authorize any punishment further than punishment for misdemeanour. The 11th section was different, and carefully provided for a punishment in the same way as in a cinviction of felony. For these reasons he was of opinion that the judgment should be for the Crown.
MR. JUSTICE TALFOURD entirely concurred, and for the same reasons.
MESSRS. CLARKSON and BAYLEY conducted the prosecution.
JANE LAPHAM . I am the wife of George Lapham, of No. 57, Lower Marsh, Lambeth. Some time before 5th Nov. I had a child named George William Lapham—it died on 5th Nov., and was then about seven weeks old—the prisoner was in our service seven weeks, up to 20th Nov.; I do not know the day of the month she came—the child had been ill with inflammation on the chest; it was attended by a medical gentleman named Sewell, and was getting better—on 20th Oct., about 7o'clock in the evening, the prisoner came up into my bedroom, saying, "My master wants you"—I sent her out to get some tape, and she and me went downstairs together—when she returned, I and Mr. Lapham were in the shop, still talking; she passed us, and went straight upstairs—about five minutes afterwards she came down, saying that the baby owas crying—I and my husband had remained in the shop all the time she was gone on the errand, and during that time no other person had gone upstairs—I had ledt a candle in my bedroom, which was where the child was sleeping; when the prisoner came down to me, she had a condle alight; I went upstairs with the prisoner; I am not sure whether she was behind or before me—the child was screaming violently; when I took it out of bed I could scarcely hold it in my arms, it wriggled and twisted so with pain, and was foaming at the mouth—as I was wiping its mouth, I perceived a large hole in the linene handkerchief which was round its neck; after I wiped the foam from its mouth, I perceived that the inside of its mouth was a mass of white; its lips were white also—I had put the handkerchief on its neck in the morning; there were no holes in it then; it was perfectly new—when I saw the hole in the handkerchief, I said, "You have burnt the child with a candle; and after wiping the foam from its mouth, I said, "You creature, you have put.
the candle in the child's mouth;"—she said it was an accident, she had let the candle fall out of the candlestick across the child's mouth—I understood her to say that the injury to the inside of the child's mouth had been done by the candle—I sent for Mr. Sewell; his assistant, Mr. Fish, came, and fee came himself about three hours afterwards—after this, the child took the breast with great difficulty, and it used not to remain as long at the breast as it did before; and its health seemed to decay very fast—it died on the morning of 5th Nov.—on that day I was shown a bottle with vitriol in it—I had seen that bottle before, on the prisoner's bedroom mantelpiece—I had last seen it there a day or two before 5th Nov.—it was then nearly full of what she called Holy water—she said it contained holy water—we never use oil of vitriol in the house at all—Mr. Lapham got a policeman, and the prisoner was given into custody.
Cross-examined by MR. SLEIGH. Q. How long was the prisoner in your service before this occurrence? A. Several weeks—she was general servant; it was no part of her duty to take care of the children—I had a written character with her—her conduct to the children in my sight was kind—I have two children—the prisoner and my little girl, who is two years of age, slept together—there was a nurse named Dawes attending me during my confinement; she slept with me—no grown-up person slept with the prisoner—I used at times to go into the prisoner's bedroom, and it was at those times I saw the holy water bottle on the mantelpiece—it was a little coloured bottle in the shape of a decanter—that was the only bottle on the mantlepiece—it is here—I know the prisoner to be a Roman Catholic—I never heard her speak about sprinkling the child or giving it holy water—Mrs. Dawes is not a Roman Catholic—we have a little boy, an apprentice in the establishment—when I saw the hole in the child's handkerchief, I said to the prisoner, "You have burnt the child with a candle;" I did not put it in the way of a question, but told her she had—she said she had not; but when I saw the child's mouth, she admitted that she had done it with a candle—very soon after that, she was found out in the yard, in a very deplorable state, as if she was in a fit, but I did not see her myself—I did not look at her to see if she was very much frightened when I went up to the child.
MR. CLARKSON. Q. Was the apprentice at home or abroad that evening? A. He had been sent out at 7 o'clock in the evening, and was away from home when I left the child comparatively well, and when I found it in the state I did; his name is Underwood—when the prisoner came down to tell me the child was crying I thought she looked very calm, I mean she did not look anyways put out of the way—I did not hear the child scream before the prisoner came down.
MR. SLEIGH. Q. Did not she run downstairs and say, "Mrs. Lapham, Mrs. Lapham, the child is crying?" A. She did use those words, but I do not know whether she ran or walked downstairs.
COURT. Q. What time were you speaking of when you say you did not look at her to see whether she was frightened? A. About five minutes after she came down, saying that the child was crying.
Cross-examined. Q. A short time after the child was in this dreadful state, was not the prisoner lying out in the yard as if in a fit herself? A. Yes; that was after my telling her I should give her into custody—she appeared to me to be in the agonies of death, struggling with her arms and
feet—the prisoner had not been absent from the house above five minutes that day; it was her duty to go out in the morning to get in vegetables—we live in the Lower Marsh, Lambeth, there are druggists' shops close at hand in every direction.
MR. CLARKSON. Q. About what time was it you saw her as you supposed in the agonies of death? A. My wife came downstairs with the child in her arms with the prisoner, and said, "This hussey has been burning this poor child with a candle"—the child was foaming at the mouth, and with white lips—I said, "Mary Ann, what have you been doing to the child?"—she said, "Nothing at all"—I said, "It is all stuff, you must have been doing something to the child or the mouth would not be in that state?"—she said, "The child was taken in a fit, sir, I went to look at the child, and the candle dropped out of the candlestick, and burnt the child's mouth; "I said, "You must have put the candle into the child's mouth to have burnt it in this state?"—she still persisted that it had dropped from the candlestick, and I said I should give her in custody—up to that time there had been no appearance of terror or fear about the, prisoner—when I said I should send for a policemen and give her in custody, she said she wanted to go into the yard to get a drink of water, and I went into my shop to serve my customers; my wife made some remark, and I searched the house and could not find the prisoner; I went into the yard, and there found her in the state I have described—she remained so about 10 minutes, sufficient time for me to go to Mr. Sewell and get an emetic, for I thought she had poisoned herself as well as the child—on my return, I found her in the same place in the yard; she did not continue so more than 10 minutes—Mr. Sewell's assistant gave her an emetic and she recovered, and was delivered to the police—I gave the child's nightcap and nightgown to Watmough.
GEORGE WATMOUGH (policeman, L 105). On 20th Oct. I went to the prosecutor's house, and took the prisoner into custody—this is the child's nightgown (produced)—it is burnt, and this is the nightcap; the string is burnt.
Cross-examined. Q. What was the exact hour at which you took the prisoner? A. A few minutes before 8 o'clock; she was in the yard, and said she had been very much frightened at what had taken place—she appeared frightened.
JOHN UNDERWOOD . On 20th Oct. I was an apprentice to Mr. Lapham. I went out that afternoon on an errand about half past 6 o'clock, as soon as I had had my tea—I returned about 8 o'clock—I did nothing to the child.
Cross-examined. Q. Have not you heard Dawes, the nurse, and the prisoner quarrelling together, while she was in Mr. Lapham's service? A. I have heard the girl grumbling—I heard one say something behind the other's back.
MR. CLARKSON. Q. Are you the person who examined the privy with Miss Rolls? A. Yes; she is my mistress's sister, and was staying in the house at the time—directly the child had the vitriol given to it, my mistress sent for her sister—I took half a dozen pails of water and poured them down the privy, and then stirred it up with a furnace rake, the rake of the oven, and when I had done so a bottle floated on the top; I saw the cork of it—Miss Rolls pointed it out, and I put my hand down and got it out; this is it (produced)—Miss Rolls snatched it out of my hand, and ran upstairs to her sister—she came back—we had another search, and then I found another bottle, which had vitriol in it, in the left hand corner of the water closet—Miss Rolls snatched that out of my hand too—I did not see the bottle that
used to stand on the mantelshelf in the prisoner's bedroom, but I heard talk of it—I remember the day on which, on my return home, the child was found to be ill—on the day before that, Tuesday, the 19th, about 5 o'clock in the morning, the prisoner asked me to lend her a penny—I asked her what she wanted it for, and she asked me what the devil I wanted to know for.
Cross-examined. Q. Had you ever lent her any money before? A. She had asked me several times, but I had not got it—on this occasion I lent her a penny—I never saw vitriol before in my life—I do not know what oil of vitriol 1s.
EMMA BASTON ROLLS . I am single, and live at Bristol. On the Sunday following 20th Oct. I went to stay with Mr. and Mrs. Lapham my sister—I was there on 5th Nov., and went with Underwood to search the water closet—first of all this bottle was found; I took it out of the apprentice's hand, who had picked it out, and took it and showed it to my sister—in consequence of what my sister said I went again to the water closet, when Underwood found this other bottle—one of these bottles has a seal on it; that was put on by the policeman by the directions of the Coroner.
MART DAWES . I am the nurse who attended Mrs. Lapham in her confinement—I left her service on 19th Oct., and returned on 20th; I had attended her three weeks—I know her bedroom; that is where the child slept—I noticed a one ounce phial on the mantelpiece—it was used for the baby; it is not either of these produced—I afterwards missed that bottle—I inquired all over the house about it, and asked the prisoner if she had seen it; she said she had not—when I was searching for it I missed this bottle from her bedroom mantelpiece, which was the next room—I had been in the habit of seeing it there the whole time I was there—she had told me that it contained holy water—the medicine bottle that was missed was a larger one; it was higher—I asked the prisoner where her holy water bottle was—she said she did not know; she supposed them that had got the medicine bottle had got that, and said nothing farther about it—a few days after Mrs. Lapham's confinement I took the children down rather earlier in the morning than the prisoner thought proper, and she said, "D—n and b—t the children!"
Cross-examined. Q. Was one of the children, regarding whom she made that remark, the child who is dead? A. No; it was the two children whom I took downstairs—during the time I was there I lived on the best of terms with the prisoner; we never had any quarrels or any disagreement between us; there was nothing about holy water, not in anger; I might have said, "There is your holy water"—I have seen her make use of it, and have heard her, when she was faint, talk about the use holy water is to people who are ill—I never said to her that I hated her because she was Irish, and never said so of her to any other person—I never said to any person in Mr. Lapham's house that I hated Irish people; if any person were to say that I did say so, they would state that which is false—I know the boy Underwood; I never said to him that I hated the prisoner because she was Irish, and I hated Irish people—I swear solemnly on the oath I have taken that I never used words to that effect to him.
JOHN SEWELL . I am a surgeon, and reside at Lambeth-terrace. Mrs. Lapham was one of my patients; I attended her in her recent confinement—the child was healthy until 10th Oct., when it was seized with inflammation of the windpipe—it had recovered on 20th Oct., although it was yet weak from that attack—I considered the child some day or two before quite out of danger, and told the parents so; but it was not without that sort of weakness which would attend an inflammatory disorder—there was no appearance
of any injury in the lips, mouth, tongue, or roof, the result of any caustical application up to 20th Oct.—on the evening of that day I was sent for by Mr. and Mrs. Lapham, but was absent from home, and did not arrive until between 10 and 11 o'clock—I went to the house, and took the handkerchief off the child's neck; it was burnt in holes, through the folds to the night dress, and also the strings of the nightcap—there were not so many holes in the handkerchief then, it is now all to pieces, the acid has worked upon it ever since—I put my tongue to the handkerchief, and at once said that a corrosive acid had been given to the child—there was nothing about the appearance of the child or its linen that could lead to the possibility of its being burnt by a candle; it was the burning of an acid which had eaten it away, and which has eaten the handkerchief ever since—I saw the night dress, that presented the same appearance—I found two-thirds of the child's tongue on the right side covered with thick white fur; the inside of the mouth and lips were in the same state—the tongue was inside the mouth—the inside of the cheek and the lips were in the same state, and on the outside of the right cheek the skin was destroyed by the same acid; it did not present the same appearance quite, but it was from the same cause; and at the side of the mouth the skin was destroyed, and there was a kind of blueish appearance—if an acid had been applied to the side of the mouth, and the saliva had ran down, that would, in my judgment, have produced the appearance I saw—oil of vitriol is a strong corrosive acid, and is unquestionably calculated to produce the state I found—I applied my tongue to part of the handkerchief, and it presented such a taste as vitriolic acid would, which I have often tasted—the child's thumb was in the same state as the inside of the cheek, there was a small spot—it was a sucking child, the mother brought it up herself—it became almost incapacitated from sucking, but I recommended the mother to apply the breast as the most healing thing—the state of the child's mouth rendered it more feeble in drawing the breast.
MR. SLEIGH to JOHN UNDERWOOD. Q. Have you heard Mrs. Dawes say to you of the prisoner that she hated her because she was Irish, and she hated all the Irish? A. I have heard her say she could not abear Irish.
MR. CLARKSON. Q. Can you tell me when it was she said it? A. No; it was one day when the prisoner was grumbling—she did not address the observation to me exactly, but I was near enough to overhear it—that was all she said.
MR. SEWELL re-examined. This bottle was shown to me on the day it was found, and I then examined it—I tried the contents of it with my tongue, and have no doubt that it was vitriolic acid—vitriol, in its pure state, is white, like water; but supposing it to have been down the privy, with the cork downwards for a little while, the cork would be blackened, and the vitriol itself would turn black by a cork or any foreign substance—I have not tried the contents of that other bottle.
COURT to MRS. DAWES. Q. You said that you had seen a bottle on the chimney-piece in the prisoner's bedroom all the time you were at Mrs. Lapham's; look at those two bottles, was it like either of them? A. No—this bottle containing the vitriol is the one that was said to be holy water; it is the sort of bottle that I saw up to the very last day I was there, which was the 19th, and then in search of the medicine bottle I missed this—the medicine bottle has never been found—I did not come back until after this had happened; I was sent for—I missed the bottle about 2 o'clock, on the 19th, and I went about half-past 7 o'clock in the evening.
NOT GUILTY .
Before Mr. Recorder.
GUILTY . Aged 31.—(Emma Astell stated that she had been married eight weeks to the prisoner, hut had never lived with him. His first wife stated that he had behaved well to her).— Confined Four Months.
Before Mr. Common Serjeant.
MR. BALLANTINE conducted the Prosecution.
THOMAS BEIGHTON . I am drilling master at the Central London District School, at Westow-hill, Norwood. On Friday, 17th Dec., I went into the yard, a few minutes before 6 o'clock in the morning—there were a number of boys there, who directed my attention to a shed—I looked in, and saw some soap and candles—I then went to a storeroom in the back garden—I went in, and saw some mortar and plaster on the floor—I saw a hole had been made over the door, about a foot wide, and about fourteen inches long—there was a weighing machine by the door, which a person could get at from the hole—there was no other method for a person to have got in—the hole was large enough for a boy or a man to get in—I called Mr. Hall, the superintendent, and he directed me to go to Miss White—she came, and brought the key of the storeroom, and opened the door—I found a quantity about by the side of the chest, and a quantity of tea and coffee mixed together by the side of the fence—that appeared to have been the way they might get over—if a person came over the fence, they could get over the boys' yard, from that through the engine house yard, and through a small passage to the back garden—I know the prisoner; he had been employed there it might have been for four or five years altogether—he has left about twelve months—he used to sleep in the tailor's shop, close by the fence, where I found the tea.
Cross-examined by MR. LILLEY. Q. You have reason to know he was employed four or five years? A. I think he was—it might have been more—there is a passage that leads from the building to the storeroom.
AGNES WHITE . I am assistant matron in the Central London District School. I am single, and live on the premises—I have charge of the storeroom—I was called on 17th Dec, about 6 o'clock in the morning—I had seen the storeroom the night before at 10 o'clock, everything was safe, and there was no hole in it—when I was called that morning, I observed the hole in the storeroom—I went into the room, and missed tea. and coffee, and sugar, beeswax, needles, thread, candles, and bread—I knew the prisoner when he was employed at the school—he came occasionally to the storeroom for stores—he would then see where they were kept—they were given to him from that place.
GEORGE WILLIAM CULLEN . I am porter at the Central London District School, at Westow Hill—my attention was called to the hole in the storeroom—I measured it—I think it was fifteen or sixteen inches long, by about twelve inches—I think if I had tried I could have got through it—I had seen the room at a quarter before 11 o'clock the night before—I did not see anything disturbed—it appeared safe—I found a quantity of tea and coffee lying about in the yard, and by the side of the fence—there appeared to be the marks of a person going away from the house where I found the tea and coffee—I found a piece of paper which appeared to have been round a candle—I had some time ago inquired where the prisoner was working,
and I went with the policeman to a house in the New-road, near the Hampstead-road—I saw the prisoner at work in the back shop—this was on Tuesday, the 21st—I waited till the prisoner came out, about fire or ten minutes to 10 o'clock—I and the officers followed him—he went to No. 10, Warren-street—I saw him go into the house—I did not see him come out, but I saw him when he crossed the road after he came out—the officer went and spoke to him; I then went up to him, and said, "Well, Harry"—he then said, "Well, it is no use to deny it, my name is Henry Aylett"—the officer said he most accompany him to his lodging, pointing to No. 10—the prisoner said he did not live there, he lived in Charlton-street, Somers-town—we took him to No. 10, and went to the upstairs front attic—he knocked at the door, and said to a woman, "Mrs. Prendergast, I have come to see you; some of my friends have come from Norwood"—the constable asked the woman if that man lived there, she said, "Yes"—I said, "Aylett, if you have the key, why don't you open the door?"—he took the key from his trowsers pocket, and either he or the constable opened the door of the back room, and we all walked in—the constable took possession of several articles there—I went with the prisoner and the officer in a cab; and as we were riding, the prisoner said that Price brought him these articles between 5 and 6 o'clock in the morning—he said he had a bag with him—I said, "What did that look like?"—he said, "About the size of a fiddle; it might be a small clock"—there was a common sized eight-day clock missed from the premises—it might be about a foot across—I thought at first he said a man named Price, but I made further inquiry and he said it was Brice—I asked him if it was Brice that lived at our place once—he said, "Yes, it was."
Cross-examined. Q. Have you known the prisoner some time? A. Yes; about five years—he has left the establishment fourteen or fifteen months—I believe he had a good character while I knew him—I have not known him since he left the place—I do not know of any proceedings that he had against somebody in a County court—I do not know of any proceedings against me—I do not know of any proceedings against himself—I heard of some proceedings, but I do not know anything about it—there was a man in our establishment named Brice, he left about three years ago—the prisoner might have said Brice in the first instance, and I might have understood him Price.
GEORGE QUINNEAR (police-sergeant, P 1). On 21st Dec., I went with the last witness in search of the prisoner—I saw him in Warren-street—I said to him," I believe your name is Henry Aylett?"—he said, "No, my name is not Aylett, I can assure you—my name is Thomas Wilson"—the last witness came up, and then the prisoner said, "It is no use denying it, my name is Aylett"—I asked him where he resided—he said, "In Charltonstreet"—I said, "I don't believe it; I believe you reside at No. 10, Warrenstreet"—I requested him to accompany me there—we went to the front room at the top of the house—the prisoner knocked, a female answered and said, "What do you want?"—he said, "Mrs. Prendergast, I am come to satisfy these gentlemen, that I do not reside here"—the woman pointed to the back attic, stating that that room was occupied by the prisoner—I went to the back room—the prisoner unlocked the door with a key—I told him I should search the room, which I did, and found this tea and thread and a carpet bag, umbrella and other things—I said to the prisoner," Do you feel disposed to account for how you came by this property?"—he said, "The tea. coffee, candle, thread and wax, were given to me as a present"—I asked him by whom—he said, "I won't say by whom, I would sooner die first"—I
examined the premises at Norwood, and observed the plaster there—Clark the officer, found at the prisoner's lodging this chisel, which has some pieces broken off the top, and this gimlet which had some plaster on it—I measured the hole in the store room—it was sixteen inches by twelve, and was not three feet from the ceiling—my belief is that a man could not get through it without the assistance of another man outside—a boy could have got through it very easily—there was a boy taken with the prisoner, but the boy was discharged.
Cross-examined. Q. You first saw the prisoner at work?A. Yes. I produce here some thread, and wax, and tea. and coffee—this wax is used in the employ of a tailor—this gimlet had some plaster on it—I am confident it had been used on plaster—I waited for the prisoner coming out of the shop where he was at work—he did not appear to be in a state of great alarm when I spoke to him—I observed him very closely—it was ten o'clock at night, but there was gaslight—he opened the door himself with the key he took out of his pocket.
JAMES CLARK (policeman P 108). I produce a quantity of tea. thread, two mould candles, and other things, which I received from Miss White—I produce this gimlet, it was full of mortar—it was produced before the Magistrate and shown to the prisoner—he said there was mortar on it—he had been making a hole through the door-post, but the door-post was wood not mortar.
Cross-examined. Q. Will you undertake to swear that there was no mortar near the door-post? A. There was mortar all round the door-post—I know the difference between plaster of Paris and mortar—I will undertake to swear it was mortar on the gimlet, and the prisoner said it was mortar after it was given in evidence at the police court.
AGNES WHITE re-examined. I know this wax by a mark on the edge—I had tried to cut it on the day previous, and left this mark, and there was a piece of wax like this missing—we had candles exactly similar to these in the storeroom, and there were two candles taken away—there were six papers of needles missing, and there are six here; they were all No. 1, and these are No. 1—they hud the name of Fordham and Phillips on them, which these have—this tea and sugar seems the same sort as we have, as near as I can judge—this thread and tape are the same qualities as those we lost—we lost about three pounds—the tape is the same width and quality.
Cross-examined. Q. Are you competent to swear to the identity of tea? A. I cannot swear to it—I had missed candles before the policeman spoke to me, and drab thread, and white—these are tailors' needles, No. 1—this is loaf sugar, broken; I will not pledge myself to that, nor to the needles—this is common black tape; we had such, and lost such—I had not seen a cut on bees' wax before that I could swear to; but this cut I can swear to, because I had to cut it twice.
NOT GUILTY .
GUILTY .— Confined Twelve Months.
MESSRS. CLERK and SCRIVEN conducted the Prosecution.
SAMUEL JARMAN . I am clerk to the Solicitor of the Treasury. I produce a certified copy of the conviction of William Dixon, for uttering counterfeit money in Feb., 1851—(read—Central Criminal Court—William Dixon, convicted Feb., 1851, on his own confession, for uttering counterfeit coin, and confined one year).
ELIZABETH LIGGINS . I am the wife of Samuel Liggins, a tobacconist, in Bermondsey-square. On 1st Dec. the prisoner came to my shop, about 11 o'clock, for half an ounce of tobacco; it came to 1 1/2 d.; he gave me in payment a shilling—I gave him change—I bent the shilling, and said it was bad—I asked him where he got it—he said be thonght his master gave it him—my husband sent for an officer, and the prisoner was given into custody—I showed the shilling to my husband—he returned it to me; I gave it to the constable: it was never out of my sight.
JOHN IRVING (policeman, M 222). I was called to Mrs. Liggins' shop, in Bermondsey-square; the prisoner was given into my custody; I took him before the Magistrate; there was no other charge against him, and he was discharged—I received this shilling from Mrs. Liggins.
MARY CHAPPELL . I live in High-street, Peckham, and am a tobacconist. On 9th Dec. the prisoner came to my shop for half an ounce of tobacco—he gave me a bad shilling—I gave it to my husband—I told the prisoner it was bad—my husband called the policeman, and gave it him.
Prisoner. Q. You said it was bad, and gave it to your husband? A. Yes; my husband was in the room at tea—my husband gave the shilling to the policeman—I bent it with my teeth before I gave it to my husband.
JOHN CHAPPELL . I am the husband of the last witness. I saw the prisoner in my shop on 9th Dec, between 4 and 5 o'clock in the afternoon, I was in my back parlour at tea—the prisoner asked for half an ounce of tobacco, my wife served him—I did not see him tender the coin, but my wife said to him, "This is a bad shilling"—I was in the act of going into the shop, and she gave me the shilling—I gave it to the first policeman who passed my door, and gave the prisoner in charge—I had the shilling in my possession from the time my wife gave it me till I gave it to the policeman.
Prisoner. I did not know the shilling was bad; I took it for carrying a parcel.
GUILTY .— Confined Two Years.
MR. SCRIVEN conducted the Prosecution.
MART BOWDITCH . I am the wife of Thomas Bowditch, we live in Redcross-street, Surrey. On 16th Dec, the prisoner came to my bar, between 5 and 6 o'clock—she asked for a pennyworth of rum—she gave me a sixpence—I gave her change; she went away—I put the sixpence in the till, where there was no other—she came again in about half an hour, for a pint of beer—she paid me with a sixpence, and I gave her change—I put that sixpence in the till—I had not between those times received any other sixpence—there was only the one in, that I had put in before—the prisoner went away and came again about twenty minutes afterwards—she then wanted 2dy. worth of brandy—she paid with a sixpence—I gave her change, and she went away again—I had not received any other sixpence—I put that in the till with the others—I then sent my potboy with one of the sixpences across the road to get change—he brought the sixpence back, and said it was bad—on that I went to the till, where I had the other two sixpences—
and no others—I examined them, and found they were bad—shortly afterwards the prisoner came again, for half a pint of beer—she gave me a penny for that—I called my husband and said, "This is the woman that passed the bad money"—the policeman was sent for, and the prisoner was given into custody—I put the three sixpences in the till again till the policeman came—I then took them out, and put them on the counter—he took them in my presence.
Prisoner. I came at half past 4, and asked for a pint of porter; I gave you a sixpence; you gave me a 4d. piece and a halfpenny, and I never entered your door again from half past 4 o'clock till half past 8. Witness. You came again, about twenty minutes after you had been there first.
GEORGE POPLIN . I am potboy at the Moulders' Arms. On 16th Dec., I received a sixpence from the last witness to get change—I took it to the baker's—he looked at it and said it was bad, I took it back and gave it to my mistress, the last witness.
MARY TALFORD . I was present when the last witness came to my father's shop with a sixpence for change; I bit it, and gate it back to him—I went with him to his mistress, and while I was there I saw the prisoner come in—Mrs. Bowditch said to her, "You are the person we took the bad money of"—the prisoner said, "No"—she sat on the form under the window, and dropped a sixpence—I went and searched, and picked it up—it might be about five minutes from the time I heard it drop—I gave it to the policeman and said, "Here is a sixpence I have picked up."
Prisoner. I stood by the bar, and took a 4d. piece from my bosom; I never went from the bar, and you went and picked up a sixpence. Witness. You said, "I will go and sit down"—and you put your hand by your side I heard a sixpence drop, I did not see it.
JURY. Q. Where did the sixpence drop from? A. From the bench where this woman sat—no one else was sitting there—it fell under the window.
SAMUEL FOWLER (policeman, M 35). On 16th Dec. I was called to the Moulders' Arms—I saw the prisoner; she was charged with uttering counterfeit coin—I received this sixpence from Mary Talford, and these other three from Mrs. Bowditch.
MRS. BOWDITCH re-examined. These are the three sixpences I got from the prisoner.
Prisoner's Defence. I had never been inside her door from half past 4 till half past 8 o'clock; I never had a bad shilling or bad sixpence, nor gave her any.
GUILTY . Aged 34.— Confined Twelve Months.
MESSRS. SCRIVEN and LILLET conducted the Prosecution.
ANN PEACOCK . On 11th Dec. the prisoner came to my shop in Lambethwalk for half a quartern loaf—I served her, and she gave me a sixpence, I gave her threepence change; I put the sixpence in a little bowl in the till—there was no other money there—I put the sixpence there because I had seen the prisoner before, and I suspected her—I sent for my son, and he marked the sixpence in my presence, and put it in a bit of paper on a shelf,
which was about a yard from the counter—the prisoner came again for two half-quartern loaves, I served her, and she gave me a sixpence, which I passed on to my son—he said to the prisoner, "Have you any more like this about you?"—she said, "No; is it a bad one? if it is, I can only take one half-quartern loaf; I have only a fourpenny piece"—she was taken into custody.
GEORGE PEACOCK . I am the son of the last witness. On 11th Dec., about 4 o'clock in the afternoon, my mother gave me a sixpence—it was bad—I marked it in my mother's presence, and put it in a paper on a shelf behind the counter—at a little before 12 o'clock the same night I was in the shop, and the prisoner came in—she gave my mother a sixpence—my mother gave it to me directly—I saw it was bad—I said to the prisoner, "Have you got any more like this?"—she said, "Is it a bad one?"—I said, "Yes"—she said she would take one loaf instead of two, as she had only a fourpenny-piece beside—I said to her, "This is not the first one you have passed this day; you were here about 4 o'clock, and passed one"—she said, "You were not here to serve me"—the policeman was sent for, and I gave her in charge—I gave the sixpences to the officer.
WILLIAM HIGGS (policeman, L 71). The last witness gave me the prisoner into custody, and at the station he gave me these two sixpences—the prisoner said any person was liable to have a bad sixpence—she was searched, and a fourpenny-piece was found on her.
Prisoner's Defence (written). On the 11th of Dec. I went to the prosecutor's for half a quartern of bread; I gave a sixpence, and she returned the change; at night I went for two half loaves; I paid for the bread, and Mrs. Peacock's son came across to me with a bad sixpence, and said, "How many more have you got of these?" I said, "I don't know what you mean, if it is bad I was not aware of it;" with that he gave me in charge; I have dealt with these people about nine months; I am a widow, and the mother of fifteen children, and now I have nine living; in all my life I was never accused before.
GUILTY. Aged 52.—Recommended to mercy by the
Prosecutrix and Jury.— Confined Four Months.
Before Russell Gurney, Esq.
THOMAS HERBERT . I am a labourer, and live in Charles-street, Lambeth; the prisoner is my niece. On 30th Nov. she came to my house, and told me she had left her place a few days before—she knew she was welcome, and she came to stay while she was out of place—she stopped all night, and on the Tuesday she told me she went down to Bayswater to look for a place, and she went and was not suited, and she went round the City and got a place at Finsbury-square, I think—on the Tuesday night she stopped and slept at my house with my children—she slept in the room with me and my wife—I went to bed about half-past 10 o'clock—my wife brought me my watch when I was in bed, at a quarter to 11 o'clock—I wound it up, and gave it to my wife, and she put it on an arm chair, by the side of the bed—I was not disturbed in the night—I heard nothing at all till I struck a light in the morning, and my watch was gone—I then looked, and the prisoner was gone—she had left some of her things behind—I have not seen the watch since.
JOHANNA HERBERT . I am the wife of the last witness—it was gone 12 o'clock that night when I went to bed—the prisoner went to bed at the same time—I was not disturbed in the night at all till my husband gave the alarm that the watch was gone—I locked the room door before I went to bed; I left the key inside in the door—my husband got up at about a quarter to 3 o'clock in the morning—there was no one in the room but my husband and me and my children—my eldest child is getting on for eight years.
Prisoner. I know nothing of the watch—I am quite innocent of it—I had no home to go to—they behaved very ill to me—I left the house at ten minutes to 12 o'clock.
Witness. I am quite sure she went to bed at the time I did—she got in bed, and I locked the door—it was past 12, I left the key inside the door—I am sure the watch was on the chair when I went to bed; I wound the chain of it round the chair, and left the case open—I took it to my husband at a quarter before 11 o'clock, and he wound it up and gave it me again, and I hung it on the chair—my children were all there; they were asleep.
GUILTY . Aged 22.— Confined Six Months.
Before Mr. Recorder.
GUILTY . Aged 36.— Confined Four Months.
ADJOURNED TO MONDAY, JANUARY 31ST.