CENTRAL CRIMINAL COURT.
CHALLIS, MAYOR. FOURTH 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 he the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 31st, 1853.
PRESENT—The Rt. Hon. the LORD MAYOR; Sir PETER LAURIE, Knt., Ald.; Sir JOHN MUSGROVE, Bart., Ald.; Mr. RECORDER; Mr. Ald. FINNIS; and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the First Jury.
MR. PLATT conducted the Prosecution.
FRANCIS MILLARD . I was shopman to Mr. Benson, of Ludgate-hill. On Saturday, 1st Jan., about quarter past seven o'clock in the evening, the prisoner came to the shop—he selected a gold watch and gold chain—the price of them was 6l. 16s.—he gave me this check (produced) in payment—he asked me if I had any objection to take a check—I said it was not usual after banking hours—he said, "You need not be afraid, I received it from a very respectable man, Mr. Stoate, an upholsterer in the Westminster-bridge-road"—I told him if he would call again in half an hour I would send out for change in the mean time, and give it to him—(the check, being read, was for 10l., dated 1st Jan., 1853, drawn by Henry Stoate and Co, on the Royal British Bank, payable to Mr. Robinson)—he left the check with me and went away—he did not call again—I waited for him till a quarter past 8 o'clock, and then, finding he did not return, I went to the door with the intention of calling a constable, and I saw the prisoner standing at the end of the shop next door—I beckoned him in, he followed me into the shop, and I told him I had got the change—that was merely an excuse to keep him—in the mean time I sent for a constable, and then gave him into custody—I gave the check to the constable, and said to him in the prisoner's presence, "That is a forged check"—the prisoner said, "If it is forged I am not aware of it; I took it from a man in some betting transactions"—at the station house he said that he did not know the man's name or address—I do not think he was asked; he stated that to the inspector—I went to Mr. Stoate's on the Monday morning, and saw some person there.
Cross-examined by MR. CLARKSON. Q. What is the name of the inspector you saw? A. I believe it was M'Lean; he is not here.
ROBERT LILLEY (City policeman, 344). I took the prisoner into custody, and took him to the station—I found on him the counterfoil of the check produced—I also found this book, containing several papers—he said at the station that he took the check from a man he had some betting transaction with, but he did not know his name or address—he gave his own address as 58, Westminster-road, which was correct.
COURT. Q. What is that book? A. A betting book.
Cross-examined. Q. I believe you found that he was a farmer's son. A. Yes; his uncle told me he bad come up to London to the duke's funeral.
HENRY STOATE . I am a furnishing warehouseman, and live at No. 8, Wyndham-place, Bryanston-square. I have also a place of business at 78 and 79, Westminster-bridge-road—I do not keep any account with the Royal British Bank—I carry on business in the name of Henry Stoate and Co.—I have no partner—I do not know the prisoner—no part of this check is my writing—the signature is not mine; it was not written by my authority—it is very different from my writing.
COURT. Q. Have you parted with any of your young men or apprentices of late? A. No, not for these two years—I hare not discharged any who have taken to betting to my knowledge—I never knew anything against any of my men.
HENRY JOHN BOND . I am cashier at the Lambeth Branch of the Royal British Bank—Mr. Stoate does not keep any account with us—I do not know the handwriting of this check—the check was issued from our house; I know it by the number—it was issued to Mr. Thomas Great head and Co.—they are customers of ours—I think they are cheese mongers and bacon factors—this check was presented to me by the witness Millard on the Monday morning—I referred to the ledger, and refused the check.
COURT to FRANCIS MILLARD. Q. How did you know it was a forged check on the Saturday evening? A. I put a boy into a cab, and instead of sending for change I sent him to Mr. Stoate's, and his managing man told him something.
COURT to ROBERT LILLEY. Q. Were all the papers that are now in this book in it when you found it on the prisoner? A. They were in his pockets, not in the book; I put them in the book myself—(looking at one of the papers) I cannot say whether this was in the book—I do not know that I ever saw it before—I do not know whether it was produced before the Magistrate—all I found on the prisoner I put in the book—nothing was put in the book but what I found on the prisoner—the book has been since locked up at the station—I had the key of the place where they were locked—the papers were produced with the book before the Magistrate, and I wrapped them up, and put them in the book—I am quite sure I wrapped up nothing but what was produced before the Magistrate—the Magistrate looked at the papers I produced—no one but myself had access to the place at the station where the papers were locked up; the sergeant gave me the key—I cannot say how many papers there were—I am quite sure that I put nothing into the book but what I found on the prisoner—I never applied to Mr. Stoate for any paper, and never received any from him.
COURT to HENRY STOATE. Q. Look at that: did you ever give that to any person, to any of the police, or anybody? A. No, I never did—I have not been applied to for one of these papers since the prisoner was accused—it is one of my bill heads.
Several witnesses, who had known the prisoner and his relatives for many years in Yorkshire, deposed to his good character.
GUILTY. Aged 22.—Strongly recommended to mercy on account of his previous character. — Confined Twelve Months.
MESSRS. CLARKSON and COCKLE conducted the Prosecution.
CHARLES VALENTINE GAME . I am a butcher, of Cannon-street and Nicholas-lane; one shop leads into the other; the Nicholas-lane shop is a pork butcher's. The prisoner was my shopman four or five months before 4th Jan.; his duty was to serve customers—if an article was sold to a customer where we had an account, the prisoner's duty was to call out the weight, and if the person was going to pay, to call out the weight and the price it was sold for, and the party purchasing would pay for it at the counter—the prisoner had decided instructions not to receive money, he had directions to send the customer to the counting-house—I believe it never happened during the hours of business that there was nobody in the counting-house—on the evening of 3rd Jan., I made a communication to the inspector at the Bow-lane station, and handed him 10s. of my own money—there were two half-crowns and 4s.—I was at my business on 4th Jan., and saw persons in my counting-house attending to my business—my wife, my son-in-law, and a lad named Davis, serve in the counting-house, which overlooks both shops—I know that my son-in-law and Davis were there on that afternoon, between 3 and 4 o'clock—I was upstairs at the time—a communication was made to me; I went to the station-house and saw some sausages, they were worth 10d.
Cross-examined by MR. WOOLLETT. Q. How many servants have you? A. Nine, employed in the two businesses—the counting-house overlooks both establishments—I was upstairs, and cannot say that any one was in the counting-house, but I never knew it to be left—the prisoner has been in my service nearly six months, I think—I have a large business—customers never pay my servants money by my authority; they have done so to the prisoner, and I have complained of it—I will not swear that on many occasions my servants have not received money for meat served to customers.
MR. CLARKSON. Q. I presume you do not know what your servants do when you are not present? A. No; the prisoner has received money when I was present, and I called him to account, and threatened to dismiss him for doing it; that was about three weeks before—I told him I never took it myself, and there was no reason why he should not carry out the rules of the house—he had no authority to take less than 10d. per lb. for sausages; he was absolutely prohibited from doing so.
WILLIAM JAMES MITCHELL (police inspector). On 3rd Jan. Mr. Game came to the station, and in consequence of what he said, I gave him directions how he should act—I received from him two half crowns, four shillings, and two sixpences, which I marked—this is one of the half-crowns I marked, and this is one of the shillings (produced)—I handed them to inspector Newnham, being obliged to go elsewhere.
WILLIAM NEWNHAM (City police inspector). On 3rd Jan. I received two half crowns, and four shillings from Mitchell—he showed me the marks he had made on them, and rubbed some ink into them—on Tuesday afternoon, 4th Jan., about a quarter past 3 o'clock, I gave some of the marked money to Williams to purchase articles at Mr. Game's shop—I saw him leave the station for
that purpose; he was absent about half an hour, and brought back a leg of pork and some sausages—I then sent Batchelor to Mr. Game's shop to take the prisoner into custody; he was brought to the station, and Batchelor produced a half crown and a shilling, which had been marked by the inspector.
Cross-examined. Q. How much did you give Williams? A. 3s. 6d.; the inspector only gave me 9s.—I am not in the habit of employing this old man (Williams)—I have never done anything of this kind before—I do not know whether he has been employed so before or not.
MR. CLARKSON. Q. Was the other money given to another person? A. Yes, half a crown and three shillings.
MR. CLARKSON to INSPECTOR MITCHELL. Q. How was it that the two sixpences were not delivered as well? A. We could only find these two persons, and I thought that if persons in their station purchased too large quantities it would be suspected.
JOHN WILLIAMS . I am a labourer, of No. 4, Milton-street, Cripplegate. On Thursday, 4th Jan. inspector Newnham gave me a half crown and a shilling and in consequence of what he said I went to Mr. Game's shop, and found the prisoner there—I purchased a leg of pork of him, it came to 3s. 4d.; I handed him the half crown and shilling I had received of Newnham—instead of the twopence change, the prisoner gave me some sausages, and said, "These will be better for you"—I suppose if I had objected to that I could—I took the pork and sausages in a cloth to the station, and left them there.
Cross-examined. Q. Have you ever been engaged in such a transaction before? A. No; I am a labourer at the station, and have been there three or four years—I do not know why Newnham applied to me; I suppose I was a fit person—I work generally at the station, jobbing for different men in the station; I go on errands—I have never worked six months in the same employment.
MR. CLARKSON. Q. How old are you? A. I am in my sixty-third year—I have been in the habit of going on errands for the police, and Mr. Newnham sent for me on this occasion—I looked at the marks on the silver when it was given to me, before I went to the shop—this shilling and half crown (produced) are what Newnham gave me to go to the shop with.
FREDERICK BATCHELOR (City policeman, 441). I am stationed at Bow-lane. On Tuesday afternoon, 4th Jan., about 5 o'clock, in consequence of directions, I went to Mr. Game's shop—I found the prisoner there, and told him he was charged with robbing his master; he did not say anything—I asked him in the counting-house if he had anything about him; he said nothing, but produced from his trowsers pocket this leather bag (produced), with 5s. 8 1/2 d. in it—I asked him if he had any more about him; he shook his head, and said "No"—I proceeded to search him, and in the left breast pocket of his smock outside I found this half crown and shilling: he did not say anything—I took him to the station; he there said it was a plant, and he knew all about it, and hoped Mr. Game would not be bard upon him—the money I found on him I have shown to Mitchell, and he identifies it as what he marked.
CHARLES DAVIS . I am clerk to Mr. Game; it is my business to be in the counting-house to take the money for the purchases—I was in the counting-house on this Tuesday, from 3 to 5 o'clock; I had learned from my master that steps were being taken to discover a fraud on him—if the prisoner sold any pork he did not account to me for it, or send the man who made the purchase to me with the money.
MR. WOOLLETT submitted that there was no case of larceny proved as to
the money, it not being in the possession of the master, having passed through the hands of two policemen and the witness Williams; but was parted with voluntarily by Williams to pay for the meat he received; and that as to the sausages, the witness voluntarily accepted them in lieu of the twopence. MR. CLARKSON contended that the money virtually never left the master's possession until it came into the possession of the prisoner; and that the larceny of the sausages was clear, the prisoner having no authority to sell them for less than 10d. per lb. The COURT considered that the money was in the possession of the master; but if the verdict of the Jury should at all depend upon the money, would reserve the case; there being no doubt about the sausages being in the possession of the master, the prisoner depriving his master of them for the sake of putting twopence into his own pocket.)
(The prisoner received a good character.)
GUILTY of stealing the money and sausages, the Jury being of opinion that both were the property of the master. Aged 24.— Confined Four Months.
GUILTY . Aged 28.— Confined Three Months.
CHARLES DAWSON . I am a printer, at Owthwaite's-buildings, Fenchurch-street. On Thursday morning, 16th Dec., I went to my premises, about 10 o'clock—I found that thirty-two gas burners had been taken from the place, and about six pounds of brass rules—a man and boy had gone there before me to open the place—the gas burners were fixed to the dwelling—the brass rules are small pieces of brass used in the business—the prisoner had been in my employment, but had left between six and seven months.
MARGARET SULLIVAN . I am single, and am servant to the housekeeper of the premises where Mr. Dawson carries on business—she is placed there by the owner, to receive the rents and take care of the premises. On the morning of 16th Dec. I went to open the door, about 10 minutes to 8 o'clock—I unfastened the door myself—Thomas Marshall came in about ten minutes, and a boy named Walsh—I gave them the keys of Mr. Dawson's part of the premises, and they went up stairs—after they went up, I saw the prisoner come down; I have known him for years; I knew him when he was an apprentice there—he had a large parcel under his arm—he spoke to me, and wished me good morning, and I returned it; he crossed Fenchurch-street, and went up Rood-lane—I had not seen him go up stairs; he could not have gone through the door which I unlocked.
PATRICK WALSH . I am thirteen years old; I used to work for Mr. Dawson. On this Thursday I went up stairs, with Marshall, into the warehouse; it was about 10 minutes after 8 o'clock—I then went into the pressroom by myself, and there saw the prisoner; he was just on the top of the stairs—he asked me who was down stairs, Mr. Matthews or Mr. Marshall—I told him, Mr. Marshall—he told me to tell him to come up; and while I called him by one pair of stairs, the prisoner was gone by the other pair of stairs—the composing room and the press room open one into the other—the staircase he went down is at the other end of the press room; it was the stairs I had come up—he ran down those stairs while I was hallooing down the other stairs to Marshall—the stairs would take him to the front door—I am sure it was the prisoner.
THOMAS MARSHALL . I am warehouseman to Mr. Dawson. I left the premises the night before at a few minutes to 8 o'clock; I did not lock them up; I left the workmen on the premises; there were about a dozen workmen there then—they generally leave at 8 o'clock, but I went away a few minutes before 8 that night—I went next morning about 10 minutes past 8 o'clock; I took the keys from the housekeeper's servant, and proceeded to unlock the door of Mr. Dawson's part of the building—Walsh called me, and I went up—as soon as I got up stairs I heard the warehouse door shut—I instantly ran down again to see who was there; I did not see any one—I saw Margaret Sullivan as I was going down the stairs leading into the court—when I left the premises the night before, the gas burners and the brass rules were safe in their usual places—in the morning I observed the window of the press room up stairs was open; the brass rules were not there; they were left in the composing room; they adjoin, one opens into the other—a man could have got through the open window—there was a ladder in the next court, where some men were employed plastering; it reached to the top of the house—any one could get up there—none of the things have been found.
Prisoner. She stated at the Mansion-house it was a small white parcel. Witness. I did not state the colour at all; I said it was a large parcel—it was a large paper parcel.
(The prisoner's statement before the Magistrate was read as follows: "I deny being in or near the premises on the night in question, or in the morning.")
GUILTY . Aged 23.— Confined Six Months.
NEW COURT.—Monday, January 31st, 1853.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
236. CHARLES BUTCHER , embezzling 1s. 1 1/2 d., 5s. 8d., and 7s. 6d.; also, 4s., 10d., 8s. 4 1/2 d., and 2s. 6 1/2 d.; also 6d., 7d., and 1s. 9 1/2 d.; the moneys of William Smith, his master: to which he pleaded
GUILTY. Aged 34.—Recommended to mercy. — Confined Three Months.
GUILTY. Aged 35.—Recommended to mercy. — Confined Three Months.
SAMUEL KNIGHT . I live in Ormond-street. On 4th Jan., between 4 and 5 o'clock in the afternoon, I was walking along—I lost my handkerchief—I felt a touch, immediately put my hand in my pocket, and my handkerchief was gone—I had it safe, and had used it a few minutes before—on turning round I saw the prisoner standing on the Kerb within a yard of me—directly he saw me put my hand in my pocket he ran away—I ran after him—I saw him caught, and the policeman came up—the prisoner took the handkerchief from his breast, and gave it him—this is it—it is mine.
Cross-examined by MR. COOPER. Q. Are you quite sure it is yours?
A. Yes; here it my name on it—I did not see any one else near—I understand the prisoner's father is a respectable man, and he means to send him out of the country.
THOMAS GRIFFIN ELLIMAN . I am a clerk in the post-office. I was walking along Aldgate—I saw the prisoner at the pocket of the prosecutor—the prosecutor turned round, and I drew his attention to the prisoner, who made across the road, and went down Houndsditch—I pursued, and took him in custody myself—I saw him give the handkerchief to the policeman—he said a boy had given it to him.
Cross-examined. Q. Was any one near him when you saw him touch the prosecutor's pocket. A. No—I saw his hand touching the prosecutor's coat pocket.
EDWARD WILLIAMS . I was a police constable at that time. I heard a cry of "Stop thief!"—I saw the prisoner running down Houndsditch—I stopped him—he gave me up this handkerchief, and told me a boy gave it him—the prisoner's father is a respectable man—I have seen the boy employed in getting his living—his father means to send him to America, where he has some friends.
GUILTY. Aged 19.— Judgment Respited.
JOHN LORKIN . I am an oil and hop merchant in Aldersgate-street. The prisoner was my warehouseman and occasional clerk—he had to receive money when sent out for it, and to account for it directly to my daughter or myself in the counting house—he never accounted to me for 1l. 3s. 3d. received on 24th Aug., nor paid roe the money—he did not account for 1l. 16s. 4d. received on 25th Sept., nor for 1l. 10s. received on 19th Oct., nor pay the money.
Cross-examined by MR. HUDDLESTON. Q. This man left your service on 10th Dec.? A. He absented himself a week before for four days—my daughter can speak to that fact—I was in the country—he came to me on 13th Dec.—I saw him—he told me there was money which he had received and not accounted for, and that he had paid into the bankers' 26l. to meet that—he gave me a list of money which he had received, and in those sums there were not any of these sums—I did not take that money—he paid it into the bankers' unknown to me—I have kept it—I dismissed him immediately—I told him I had lost all confidence in him, and I considered he was not my servant any longer—he was to call again in the morning, but he never called since—that was on 13th Dec.
Q. On 31st Dec., did you receive a letter from his attorney, asking you to pay him his wages? A. There were no wages due to him—I took no notice of it—there was a letter to that effect written—there was an application made by the prisoner's attorney for his wages in that letter, but there were no wages due—there were two days and a half, I think, which my daughter can speak to—I took no notice of that application at all—I did not give him into custody till 11th Jan.—I had to make inquiries—I beard that he had taken a house, No. 124, in Aldersgate-street, to set up in business for himself—I never counted how many doors that is from my premises—one is on one side, the other the other—it may be 100 yards—he had to make disbursements, and to pay little money accounts over the counter, or little accounts, such as empties, coming in, and so on—if he had not the money for them, he would come to the counting house for it—if he had any money of mine he would pay it.
Q. Supposing he happened to have some money of yours in his possession might he have paid that money? A. No, not for any of the accounts I charge him with—he would pay for anything that came in out of money he had in his possession, of course—my daughter kept my books—she used to settle with him every Saturday night—she never kept the petty cash book, I believe—she has it now, I believe—I believe she had it in her hands on the 13th of December.
Q. Did not you and she break open this man's desk in his absence and take that book out? A. No, I did not—I did not know it till I got home—he had it on the Monday morning to square it up, I having had it in the mean time—when the 26l. was paid in I sent to know when he had had it, and he had had some, six months nearly.
MARY LORKIN . I am the daughter of the last witness. I keep his books—the prisoner was in his service—he ought to account to me for money received—he did not account to me or pay me 1l. 3s. 3d. on the 25th Sept., or for 1l. 16s. 4d. on the 25th Sept., or for 1l. 10s. on the 19th Oct.—on the 19th Oct. the goods were never even entered in our books—I never spoke to the prisoner on the subject of these sums.
Cross-examined. Q. Was it you that broke open the desk in the prisoner's absence? A. It was broken open in presence of my sister—it has never happened that the prisoner has paid the other men their wages out of his own wages—he has not paid Joseph Smith—I have not always furnished him with money to do it on the Saturday night, but I have on the Monday or Tuesday afterwards—I have not always given him sufficient on Saturday night, but I have made it up on the Monday or Tuesday—that has occurred once or twice—he has never advanced money for the business.
Q. Have you not got attached to these depositions two I O U's? A. No; it is "I O, H Wall"—it was a private memorandum of my own—they were never given to him—one was for 3l. 7s. 6d. on the 30th Oct., and it was paid on the 2nd Nov.—it was because I had not sufficient cash to give him that night—it was a private memorandum that was put in my own desk—he was to pay his own wages and the wages of the two men with that money—I did not pay him the whole that night, but I did afterwards—his own wages were 1l. 7s.
Q. Did you not give him another I O U? A. There was one in April, 1851, that was for 2l., I believe—I have no entry in the book of that—we never enter these sums—I have not my books here—I have his little book that he always had—this was taken out of the desk on the Saturday night, and locked up till the Monday morning.
COURT. Q. What were those I O U's? A. Merely memorandums of my own, to put me in mind that I had not paid him quite enough on those nights.
THOMAS SCOTT . I am agent to Mr. Tucker's executors; I live at Clay-hill, Enfield. I know the prisoner—I cannot positively say whether I saw him on the 24th Aug., but I have the bills here which he receipted, and I paid him the money—I cannot tell when it was I paid him—here is one, 1l. 3s. 3d. which I paid him—I afterwards paid him some money in Jan., 2l. 5s.; and I paid him 1l. 10s., which I have not the bill of—I gave it to the executors, and it was mislaid—the bills were for oil—I paid the money for Mr. Lorkin.
RICHARD THIMBLEBY . I am a carrier. I did not see the prisoner on the 25th Sept.; I sent my brother with the money to pay Mr. Lorkin—my brother is not here, he is in the country—I know the prisoner's writing; I
believe this on this bill to be his writing—it is a receipt for 1l. 16s. 4d.—I did not see him write it.
JOHN MARK BULL (City-policeman). I took the prisoner on 11th Jan.; I told him I was a policeman, and I apprehended him on a charge of embezzling various sums belonging to Mr. Deputy Lorkin—I took him to the station, and the inspector asked Mr. Lorkin what was the amount of the embezzlements—he said he could not say—the prisoner remarked "It is under 20l."
NOT GUILTY .
JOHN LORKIN . The prisoner was in my employ, and received money for me; he ought to account to my daughter or myself—that was his duty—he did not pay me 1l. 4s. 6d. on 8th Sept., or account for it—on 12th Oct. he did not pay me 1l. 10s., nor account for it—he did not pay me 1l. 10s. 6d. on the 23rd Nov., nor account for it—I deal with Mr. Greaves, the agent for Pickford's.
MARY LORKIN . I keep my father's books. The prisoner was in hit service, and was authorized to receive money; when he received it, he was to account to me, or pay the money; I have no account of 1l. 4s. 6d., of 1l. 10s. 3d., and 1l. 10s. 6d. received from Mr. Greaves—the prisoner did not account to me, or pay me any of these—he told me they were not paid when I several times asked him about them—I cannot tell the latest date I asked him—I asked him several times about Pickford's account; he told me first that the cashier was ill and away, and then that their accounts were only settled on certain days, and that there were three different offices to receive the money—he never told me anything about these three accounts more than any others—I have frequently asked him about Pickford's account, and about Mr. Scott's, since last April—the last time he gave me any money on Pick-ford's account was on 13th Nov.—I cannot tell you when was the last time I spoke to him about these accounts, because I asked him several days; but he went away on 13th Dec.—I had asked him about this account very likely on the Monday or Tuesday—he told me these three were not paid—I asked him on 13th Dec. about these accounts; he said there was nothing paid on them—I often asked him about Pickford's accounts; he told me the cashier was ill, and they had not been paid—I am not able to swear that he told me that on the 13th—I can tell when I spoke about these particular accounts—I spoke about every one—he told me these had not been paid on the 13th—we asked him if there was any other money received—he said no, there was no other money received on our account.
Cross-examined. Q. Have you ever said anything about having asked him that which you say you asked him? A. Yes, several times—I did not say in the last case that I had not asked him about the moneys in that case; I was not asked about that—on 13th Nov. he paid me 2l. 16s. on account of Pickford's, and he received no money on that day from Mr. Pickford's; he had received it long before—he gave me credit for 2l. 16s. on that day—very likely he paid me in Sept.—he has been continually paying me for Pickford's, and he has been continually keeping money back.
Q. Did you ever ask him about that 1l. 4s. 6d., in Sept.? A. Yes; on the 13th of Dec. I asked him if there was any more money received—I mentioned the whole account—I did not mention 1l. 4s. 6d.,—I might mention 1l. 5s.—I dare say I have not mentioned the 1l. 10s. 6d.
Q. Your question was whether he had accounted to you for all the money
he had received? A. Yes; I had not at that moment his cash box in my possession; it was in the closet up stairs, where some one had put it—I asked him if he received any more—he told me he had not—I asked if Mr. Scott had paid—he said he had not, and he gave me his address to write to him—my books are not here; you can see them if you send for them.
JAMES GREAVES . I am a clerk to Pickford's and Co. I know the prisoner—I paid him, on the 8th Sept., 1l. 4s. 6d.; on the 12th Oct. 1l. 10s. 3d., and on 23th Nov. two amounts—he gave me these receipts—he signed them in my presence.
NOT GUILTY .
NOT GUILTY .
GUILTY . Aged 22.— Confined Six Months.
GUILTY .** Aged 21.— Transported for Seven Years.
HENRY BAILEY (policeman, T 250). In consequence of information, I looked after the prisoner—I went to Bayswater, on 13th January, and apprehended him—I took nothing from him then, but on the day after I took from his feet this pair of Blucher boots.
JAMES GRAVESTOCK . I live at Turnham-green—I work for Mr. Thomas Weston, a baker—I was living with him on 19th Dec, I went to bed between 12 and 1 o'clock—I left my boots in the back parlour—Mr. Weston is master of the house—it is in the parish of Chiswick—the servant maid was the last person who was up that night, she is not here—I fastened tome parts of the house myself—I fastened the window that was broken into between 12 and 1 o'clock—I fastened the back door—I did not see the other parts fastened by the servant—the servant was down first the next morning—when I came down I did not find my boots—I observed the state of the house about 10 o'clock, and 6 or 7 tiles had been taken off the roof—the window was shut down as it was before—these are my boots, the same that I put under the corner of the table in the parlour.
Prisoner. Q. How can you swear to these boots? A. They were made for me; I had had them about three weeks before I lost them.
Prisoner He said at the station, that he was the last up in the house; I should like to have what he said read.
(The witness's deposition was read, in which he stated he went to bed about 1 o'clock, but did not state who was up last.)
Prisoner. You said that the tips had not been touched since you made the shoes. Witness. I did not say anything of the kind.
footsteps—I concealed myself, and after a few minutes the prisoner passed by—I raised myself up, and had a good view of him—I saw him no more till I saw him in custody at Brentford station—the next morning I heard Mr. Weston's house had been broken.
Prisoner. Q. Could you swear to me in the dark? A. Yes; it was a very fine starlight night—if you had passed a few inches nearer to me, I could have caught you by your shoulder—I heard of the robbery the next morning—there was no charge against you then, and you had nothing on you that I saw—I told you when I saw you at Brentford Court that the cap that you had in your hand was the one that I saw on your head—I saw you come from the back of the market-garden; I did not see you come out of the house.
Prisoner's Defence. This man says he saw me come from the back of these premises, and he would not take me; there if no wall where he could creep under and recognise me.
GUILTY.* of stealing only. Aged 21.— Confined Twelve Months. (There was another indictment against the prisoner.)
CATHERINE SMITH . I live in Neptune-place. On 11th Jan. I was standing at the bar of the Cock and Neptune public house, about 7 o'clock in the evening—the prisoner stood talking to me at the bar, and he took the money out of my pocket—he is the man—I had seen him before in houses where I have been—while I was standing at the bar, be came and took the money out of the frock that I had on—he took three shillings, a sixpence, and twopence—I am quite sure I had the money safe before, but I was in liquor—I did not see him take the money out of my pocket, and I did not feel him, but a little boy did—I did not know the little boy's name—I missed the money out of my pocket when the little boy told me—the prisoner was near enough to hear what the boy told me—he said, "Young woman, the money is taken out of your pocket;" and he showed me the young man—directly the prisoner took my money, he went out of the door—I saw him go out, I followed him and overtook him—I asked him for my money; he bit me, and knocked me down—there was a young man standing outside—I did not see the prisoner give the man anything—I did not see him give anything to any man—I gave ray evidence before the Magistrate—it was read over to me—this is my mark to it—(The witness's deposition stated—"He went out, and I saw him give another man some money.")
Prisoner. Q. Were not you talking to a shipmate of mine? A. No.
SAMUEL EDMONDS . I live in Mr. Turner's-buildings, about five minutes walk from the Cock and Neptune—I am employed near the Cock and Neptune—on the evening when this woman says she was robbed, I was standing at my employer's door—the prisoner and another man came along almost on a run in a direction from the Cock and Neptune—directly they got opposite where I was standing, the prisoner opened his band, and said to the other man, "Silver by G—; so help me Christ, let us go back"—and I think the remainder of the sentence was, "for more"—he went back, and I followed him—I saw this woman, and heard her charge him with taking money out of her pocket—I then turned back.
JOSEPH SAUNDERS (policeman, H 68). I took the prisoner, and as we were going to the station, he said, "I have nothing about me but a shilling; that is part of 1s. 6d. that I sold a pair of shoes for"—when the prosecutrix
was at the station, he said the shilling found on him was what his mate gave him to get his coat repaired.
Prisoner. I said the mate of a ship. Witness. You said, "My mate."
Prisoner's Defence. I was on shore on account of a sore hand; I met a shipmate that evening, he said to me, "Have you got any money?" I said no, but I had a pair of shoes which were too small, I would sell them and get money; I sold them for 1s. 6d.; the young man went in the Cock and Neptune, and when I came in he was talking to this girl; she asked me to treat her, I said no, I could not; I came out and I heard this girl calling me out of my name; I went back and she asked me to pay her 2s. that I took out of her pocket; I said I took none out of her pocket; she took my coat and tore it; I left my coat to be repaired; I went to my shipmate, he asked where my coat was, I said I had left it to be mended; he said I bad sold it, I said I would show it him; I went to get it, and met the officer, he asked me my name, I said "John Collins;" he asked if I knew anything about a coat and vest; I said, "No;" he spoke to some man, and then he said to me, "You are at liberty"—I afterwards met him again, and said he wanted me to go to the station; I asked what for; he said it was on account of a girl called Boney Kate, who had been robbed; I said I had no money that day but half a crown; we went to the station, and be went for this girl, and she told him about ten minutes after she saw me that she lost the money, and they locked me up; in going to the court, he said, if he could give me three months he should be satisfied, to get some of the Yankees from the Highway.
NOT GUILTY .
OLD COURT.—Tuesday, February 1st, 1853.
PRESENT—Sir PETER LAURIE, Knt., Ald.; Mr. RECORDER; Mr. Ald.
FINNIS; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Second Jury.
BENNETT pleaded GUILTY. Aged 23. Recommended to mercy by the Prosecutor.
WORCESTER pleaded GUILTY . Aged 18. — Confined Six Months.
(The prisoners received good characters.)
MR. RYLAND conducted the Prosecution.
WILLIAM SLATER . I live at No. 8, Bennett-street, Black friars-road. On Tuesday, 25th Jan., about 2 o'clock in the morning, I was near Temple-bar, coming towards Bridge-street, with Mr. Graham, a friend, who keeps the Old Bell Tavern—the two prisoners accosted me near Temple-bar, and requested me to treat them to something to drink—I went with them to a public-house; my friend did not go in with me—I had 8l. 10s. in gold in my right hand waistcoat pocket, and some silver in my right hand trowsers pocket, a silver watch in my left hand waistcoat pocket, a gold chain, and a ring—we had something to drink in the public-house; after which, I was going home, and called a cab, to go to the Black friars-road; the prisoners said they lived that way, and asked me to let them ride with me; they got in with my
consent—I thought we were going over Black friars-bridge, bat, instead of that, we drove about the Strand, and went to two or three public-houses, and had something to drink—I am not certain whether I got out at the public-houses or not; I had some drink brought to the cab—I was sober when I got to the first public-house—after driving about, I became quite unconscious in the cab, after I had had the last drink—we arrived ultimately in the Black friars-road—(I was not excessively drunk; it was from something else, which I expect they put in)—the last thing I recollect before I got out was, expressing a wish to pay the cab man; Healey said it was all settled for, I need not trouble about it; that the cab man was paid—I was so bad that I did not think anything of that—I got out just below Stamford-street, and left them in the cab—I walked home in six or seven minutes, and then missed my money; I had only 2 1/2 d. and my watch and chain left—(I think I paid for the first drink, and the second, and the last the prisoners paid for)—I gave information to the police next day; I did not trouble about it that night, because I felt so ill—I cannot say whether I was drunk when I left the cab; I have been drunk in my life; but from what I had bad to drink, I do not think it possible I could be drunk—I had porter, and I might have had some cold brandy and water—the prisoners were taken next morning; I am sure they are the women I have been speaking of.
Cross-examined by MR. PAYNE. Q. What are you? A. I have property, and live upon the interest of it—it is lent money principally—I am not in business at all—I had been to the Coal Hole that night; the court was just rising when we got there—"the chief baron" honoured us by taking a glass of sherry with me and my friend—in the early part of the evening I had been at my friend's house, the Old Bell; 1 did not stay there without taking something to drink; I did not get there till 10 o'clock—I cannot recollect whether I had had anything to drink before I went there; I was quite sober—before that I had been out on business—I got home about 5 o'clock in the morning—I stayed at the Coal Hole about two boors; we had some supper there, and some stout with it, and a glass of sherry; nothing else to my knowledge—the money was safe in my pocket before I left the Coal Hole with my friend—I had some silver in my trowsers pocket—I have no idea how much the cab would come to—the loose silver in my pocket would pay for the cab, and the drink too—I will not swear whether I was drinking in two or three houses, or whether I sat, and had some brought out to me—the women got out of the cab at the same time as I did, and I left them at the cab—I did not meet with some females on my way home; I was about seven minutes going home—I cannot tell who brought out the drink to me when I did not go in.
FRANCIS ROBERT GRAHAM . I keep the Old Bell public house, 98, Fleet-street. On 24th Jan., I went to the Coal Hole with the prosecutor—we left there about 2 o'clock, and I went with him towards Temple-bar, where I saw two women address him—I should not know them again—I crossed the road, and watched them till they got opposite Crown-court, where they went into a public house, and I saw no more of them—I told a policeman, and went home—I saw the prosecutor pull his money out at the Coal Hole Tavern, and should say he had 8l. or 9l. in gold.
Cross-examined. Q. Did you advise your friend not to have his gold in his waistcoat pocket? A. No; I consider that that is a safe place for gold—we were at the Coal Hole an hour and a half, or two hours—my friend had dined with me at my house at 2 o'clock—he sat an hour or two after dinner, then left, and returned in the evening—I left the table immediately after dinner, and do not know whether he took wine or spirits—it is very possible that he
drank something more before we went to the Coal Hole—he paid 18d. in silver at the bar of the Coal Hole—he pulled out the gold first—he had the gold in one pocket, and the silver in the other, and I imagine he returned the gold into his pocket, and then paid with silver—we went there on purpose to see the trial, and saw it—it was not something very indecent—we only got in in time to hear the imaginary judge summing up—people sit there drinking; they do not listen to a dry trial as they do here, but have something to comfort them, and "the chief baron" had something to drink, and a cigar.
MR. RYLAND. Q. In what state did the prosecutor appear when he came back to you in the evening? A. Perfectly sober—when I parted with him at Temple-bar he was a little tipsy, but quite capable of taking care of himself—when he was pulling his gold out he was much in the same state as when I left him.
ELIZABETH TAYLOR . I am a widow, and keep the Crown public house, No. 1, Crown-court, Fleet-street. I know the prisoners by sight—they came into my house with the prosecutor at past midnight on Monday, 24th Jan.—it might have been 1 or 2 o'clock, or about 1 o'clock; I cannot state the time—the ladies had a glass of brandy and water, and the gentleman a glass of half and half—he did not appear tipsy, but I did not take particular notice—they did not stay many minutes—the gentleman gave me 1s., and I gave him 4 1/2 d. change—I did not see them go out—this was on Tuesday morning, and on Wednesday morning the prisoner Jackson came—I did not recollect her then—she asked me if I had seen a gentleman with spectacles on—I said, "Yes"—she said, "Have you seen the female that was with him?"—I said that the female was locked up—she said, "She has got his gold"—I asked her to come into my back parlour—she followed me in—I went out, called an officer, and gave her in charge—I had seen the gentleman—he had been with Mr. Graham to inquire whether I knew the women—what Jackson asked me was, whether I had seen the female who was with her and the gentleman in my house the night before—she said "the night before"—when she said "She has got his gold, "I said, "You are unfortunate for having been with her"—I had never seen her before.
Cross-examined. Q. How late does your house keep open? A. Sometimes till 3 o'clock, sometimes till 4—I keep open for the benefit of the press—sometimes there are many women come to drink there of a night, and sometimes not—when I said to Jackson, "You are unfortunate as you were with her," she said, "Yes, I am"—I will not swear she did not say, "Yes, I am, if she has got his gold"—I cannot swear to either of the females, neither did I know them at the station house.
ROBERT ALLEN (City policeman, 321). In consequence of information, I went with the prosecutor on Tuesday evening, 25th Jan., to look for Healey—we found her at the Sun public-house, at the bottom of Clement's-lane, Strand—there were only two men there, and no other women—Slater said, "That is the woman who robbed me in the morning"—I told her I should take her into custody, as she was charged by the gentleman with robbing him in company with another one—she said she never saw the gentleman before—I took her to the station—the landlady of the public house was sent for, to see if she could identify her—she came to the station, and said, "You are one of the young women who was in company with this gentleman in my house this morning "(Slater was present)—she said, "I cannot deny that I was in your house with the gentleman and had something to drink, but I never robbed him"—she said, in answer to a question from the inspector, that she lived at No. 6, St. Clement's-lane—I went there, and the place was unoccupied.
Cross-examined. Q. When you found her at the Sun, the prosecutor was with you, and pointed her out? A. Yes; she denied it at the station—she did not deny being with him and having something to drink, but said she never robbed him—there are many poor houses in Clement's-lane, and very doubtful ones—the prisoners are unfortunate women.
NEWMAN BUTTON (City-policeman, 322). I was passing Mrs. Taylor's door, she called me in, and I took Jackson, and told her she was charged with being concerned in robbing a gentleman—she said that the prisoner Healey forced her to take the brandy and water with them in the public house, and also to get into the cab with the gentleman—I asked her where she lived, she gave me a true account—I had seen Mr. Graham on Tuesday morning, and he said something to me—I have seen the prisoners about the streets.
Jackson's statement before the Magistrate was here read as follows:—"I was going along Fleet-street, and met this gent in specs and Healey; he caught hold of me by my shawl, and asked me to go in and have part of a glass of brandy and water—I went to a house in Fleet-street, I had never been in before; we came out and went to another public house in the Strand, and he called for two glasses of brandy; there were three or four females standing about the bar; there was no where to sit by the gentleman—he gave a glass of brandy and water to the ladies, and between the three of us we drank another glass, the gent said he lived over the bridge, down Black friar's-bridge; I went home and left Healey there; I went next morning to Mrs. Taylor, and inquired for this lady (pointing to Healey) and the gentleman; Mrs. Taylor took me into the parlour, and sent for a policeman."
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
THOMAS WOOD . I keep the Feathers public house, at No. 336, Oxford-street. On Saturday night, 22nd Jan., about 11 o'clock, the prisoner came into my house and called for a pint of beer, I served her in a pewter pint pot; a lady and gentleman were at the bar at the time—I did not see the prisoner drink any of the beer—my attention was attracted to a lady who came in at the time, and while I was speaking to her the prisoner left the house; I directly missed my pint pot—I went to the door to look after her, but could not see her—I saw no more of her till she was at Guildhall in custody of Maish—I there saw my pint pot produced by Maish—this is it (produced) I know it to be mine, and the one in which I had served the prisoner—it has my name on it.
Prisoner. I asked him to lend me the pot, he did not refuse, he gave me the beer, and I intended to return the pot next day. Witness. She did not ask me to lend the pot, she asked for the beer, paid for it, and nothing further passed—I had never seen her before.
GEORGE WILLIAM MAISH (City-policeman, 261). I was on duty in Hosier-lane, about half past 12 o'clock on Saturday, 22nd Jan., I saw the prisoner and stopped her, she had a basket which contained four pint pots, some bones, and some broken glass—I took her to the station, and she was searched by Susan Marshall, I saw Mr. Wood identify this pot on the Monday morning, it is one of the four I found in her basket—there was also a fifth pot found in the station, which she put down from under her dress while she was waiting there; I saw her do so.
Prisoner. I had some beer in one that I was drinking. Witness. She had about two quarts of beer in a milk can, the pots were empty.
SUSAN MARSHALL . I searched the prisoner when she was brought to the station late on Saturday night; on examining her dress I found a strong band round her waist, and another across her shoulders, to which there were pieces attached where she could hang the pots under her dress; there was no necessity to have those strings for the purpose of her dress.
Prisoner. The flounce of my dress was uncomfortable, and I put the hooks to keep it off the ground. Witness. There were no hooks, they were pieces of string.
Prisoner's Defence. I never intended to keep any of the pots, I intended my daughter to return them next rooming; I got them for my daughter to get the beer in next day.
GUILTY . Aged 60.— Confined Four Months.
MR. CLARKSON conducted the Prosecution.
GEORGE WILLIAM MAISH (City-policeman, 261). After I had taken the prisoner into custody, I searched her lodging, No. 2, Hosier-lane—I received information from her landlord in her absence, and it was in consequence of that I stopped her and searched her lodging—I heard there was some metal in the room, which caused me to search it—it was afterwards shown to the prisoner at Guildhall, there was thirty-two pounds of it—she said she had it at the death of her husband, who was a marine store dealer—I also found nine milk cans and one measure at her lodging, and this silver mug—she gave no account of them, they were shown to her at Guildhall.
EDWARD DRURY WILSON . This silver tankard is the property of my brother, Daniel Wilson—he is a licensed victualler—I have the fellow one to it here—I do not know the prisoner—this tankard has been lost two or three months, and we have lost another one.
MARY DAVIS . I am the wife of William Davis, of 71, Coleman-street, a dairyman—this can and measure are mine—we lost three at the same time seven or eight weeks ago from Panyer-alley, Newgate-street—I never saw the prisoner before she was in custody.
THOMAS B AILEY . I am foreman to Richard Sockett, a dairyman, of No. 3, Mitre-square, Aldgate. About three weeks ago I lost a can—this is it—I know it by my name on it; it was lost on 2nd Jan.—I have never seen the prisoner.
Prisoner's Defence. I know nothing of the silver mug; it was brought to my house by some person.
NOT GUILTY .
MR. CHARNOCK conducted the Prosecution.
MOSS DEFRIES . I am in partnership with my father, as lamp glass manufacturers, in Hounds ditch. The prisoner was in our service as porter and delivery man—it was his duty to take out goods, and deliver them according to our directions—on 13th Jan. he had two dozen of Bohemian salad oil decanters to deliver to Mr. Buckman, of the New Cut—he had no right to sell those decanters to anybody—if any of them were not retained by the customer, it was his duty to bring them back and account for them to our foreman.
Cross-examined by MR. PAYNE. Q. Did you have the prisoner taken into custody at 1 o'clock in the morning? A. Yes—the decanters were sent to Mr. Buckman on the 13th, I cannot say at what time in the day—I did not see him go—he was taken into custody on the same day, at half past 1 o'clock in the morning; he was at home, and in bed—I went there to near what he had to say—he said he had sold six of the decanters to Mr. Bevis, of the Old Kent-road, and that he had kept the money and bought something to drink, as he was very cold—he said he got 2s. 3d. for the decanters—I did not tell him if he would pay the 2s. 3d. in the morning I would overlook it—I did not ask him how much money he had left—he was about twenty-one months in our employ.
MR. CHARNOCK. Q. Was the prisoner given into custody on the 13th? A. No, on the 19th; that was the night of the day when I became aware of this—I should have given him into custody that morning, but he absconded the whole day—he continued in our service till the 19th, and then something occurred which made me go to him.
MR. PAYNE. Q. Did be not remain at work all day on the 19tb? A. No; I had not spoken to him at all about this matter before I went to hit house—I believe a younger brother of mine did so; he is not here.
MR. CHARNOCK. Q. When were you first aware of this transaction with Mr. Bevis? A. On the 19th; the prisoner came that morning to settle his return goods; something then occurred, and he went away, and that night I went to his house.
RICHARD ANDERTON . I am invoice clerk to Messrs. Defries. On 13th Jan. I made out and delivered to the prisoner an invoice of two dozen small Bohemian decanters, to be delivered to Mr. Buckman—I have here an order book, in which I put it down—it would be his duty to deliver them, and to account for their delivery when he returned in the evening, or to bring them back—he did not bring them back to me.
Cross-examined. Q. What is Mr. Defries' younger brother, whom we have heard of? A. He travels for the house; I am not aware that he is a partner.
SAMUEL ELLIS MOSS . I am foreman in the prosecutor's service; it is part of my duty to count the customers' orders, and look them over after they are looked out—the prisoner had these two dozen decanters on the 13th—I saw them packed up—I delivered them to him to take—I saw the prisoner on the Friday with his return book—he stated, among other things, that he had brought back a dozen decanters from Mr. Buckman; that them was only one dozen ordered, and therefore he had returned a dozen—he pointed to them lying on the counter; I had not exactly seen him put them there, although I did partly see him—I saw him with some of them in his hand—he did not account to me for any money, or say that he had sold any on the road—he had no authority to sell any, or to keep the money—it was his duty, if they were not all kept, to bring them home, and return them into my hands.
ROBERT GEORGE BEVIS . I am a china and glass dealer, of No. 4, Gloucester-place, Old Kent-road. The prisoner came to me on 13th Jan.—he put down a basket at the end of the kerb; I saw what was in it, and said, "Are those returns?"—he said, "Yes, they are"—I said, "What does Mr. Defries charge a dozen for these?"—he said, "4s. 6d."—I said, "Does it make any difference whether you take the goods back or the money?"—he said "No;" and he left them; I paid him 2s. 3d. for them—young Mr. Defries came to me on 19th, and something passed with regard to these decanters.
Cross-examined. Q. Did you have any invoice? A. No, nor any receipt for the money.
EDWARD BUCKMAN . On 13th Jan. the prisoner brought me some decanters from Messrs. Defries—I received one dozen from him—he brought the bill in to me first, and there were two dozen on the bill—I said I had only ordered one dozen, and returned the other by the prisoner, for which he signed the bill.
JOHN HITCHCOCK (policeman). I took the prisoner into custody, in King's Arras-court, Windmill-street, Fins bury-square, on Thursday, 20th Jan., between 12 and 1 o'clock in the morning, for robbing his master of six decanters—he said he had taken six decanters and sold them for 2s. 3d., and he took six more and put in the place to make the dozen up—I asked him what he did it for—he said he sold them to get the money for some drink—I took him to the station, and he repeated the same words there.
(The prisoner's statement before the Magistrate was read, as follows: "The six decanters were on the counter, and I placed the other six I brought home by the side of them to make up the dozen; the gentleman asked me if he could have six, and I said yes, and he said he would have them; I was very cold and wanted something to keep me warm; I did not sell the decanters with the intention of robbing Mr. Defries of the money.")
NOT GUILTY .
MR. CHARNOCK conducted the Prosecution.
MOSS DEFRIES . I am in partnership with my father, in Hounsditch—the prisoner was in our service as delivery man and carman—he was to deliver all goods entrusted to him to deliver, and if any were refused by the parties he was to bring them to us, and on no account to dispose of them without our sanction—he never accounted to me on the 18th or 19th for fourteen wine glasses.
RICHARD ANDERTON . I am in the prosecutor's service, as invoice clerk—I did not see three dozen wine glasses delivered to the prisoner, on 18th Jan.—my duty is to take an account of the returns which the different deliverymen bring back—on the 18th he gave me an account of some returns of wine glasses, I have the book here—he gave an account of three dozen wine glasses as returned from Mrs. Dallas, of Kensington—I made an entry of that from his mouth—the book is then passed over to Mr. Moss, and he examines the goods.
Cross-examined by MR. PAYNE. Q. Did not the prisoner give, or show, you any paper? A. A voucher; a counterpart of the invoice—I do not see the goods packed or unpacked.
MR. CHARNOCK. Q. Have you the entry of the three dozen going out? A. Yes; in the order book, and three dozen are entered as returned—he read the voucher out to me, and also told me by word of mouth that he had brought back three dozen wines.
SAMUEL ELLIS MOSS . I am foreman in the employ of the prosecutors—it is my duty to check the returns of goods that are not taken by customers—on the day in question I checked with the prisoner this entry of three dozen wine glasses—he produced twenty two to me—I asked him what had become of the other fourteen—he said, "Why, I could not have had more than twenty-two, because we had no more in stock"—I knew that to be
false, and told him so—I had the return hook before roe at the time—I called his attention to the entry, and his explanation was that he could not have had more than twenty two, because there were no more in stock of that pattern—I had myself given him the three dozen on the Monday, to take to Mrs. Dallas, of Kensington—this was on the Wednesday—not having made his delivery on the Monday, he started off on the Tuesday morning, a thing unprecedented, without his horse and cart, without coming into the warehouse at all, which was decidedly against the orders of myself and his superiors—it was his duty to have come on the Tuesday morning, to know if there were any other orders the same way, that he might deliver—I did not know of his absence till I sent to his house to inquire after him—when he told me there were only twenty-two in stock I said it was false, and I should tell Mr. Defries of it immediately, and while I turned to speak to Mr. Defries the prisoner went away—that was about 11 o'clock, on the Wednesday—I saw no more of him till he was at the Mansion House—it was his duty to have remained at the warehouse to the end of the day—he had another delivery to get ready to take out.
Cross-examined. Q. Do you make any entries when goods go out? A. I do; this is the book (producing it); there are, perhaps, nine, ten, twelve, thirteen, or fourteen packages to go out, as the case may be—it does sometimes happen that we have not the full number that we intend to send out—I have a distinct recollection that in this case the whole three dozen were put in—I did not pack them myself, but I saw the prisoner pack them—I saw him put in thirty-six, they were packed with other goods of Mrs. Dallas's in a small crate; I think I saw them when they went out, and when they returned—according to the prisoner's statement, they were not the pattern that Mrs. Dallas wanted; I have not seen her—I was close to the prisoner when he was packing the glasses, I was looking on all the time, nothing diverted my attention, I swear that.
CHARLES WILLIAMS . I am shopman to Mrs. Dallas, who keeps a china shop at Kensington. The prisoner brought some wine glasses on 18th Jan., they were all sent back because they were not the right pattern—I was present at the time they came, and saw him go away with them as they came, only one or two were taken out to look at, and they were returned into the basket.
RICHARD ANDERTON re-examined. In this book of mine the entry of the 18th Jan. comes before the 17th, that will sometimes occur on account of the delivering man who goes out on the 17th, being absent on that day, and not coming back, perhaps, for two days afterwards; so there is always a certain space left for that day to enter any goods that may be returned—these are what are called Windsor wines—these initials in the column are Mr. Moss's; they are put when the entry is correct.
GUILTY . Aged 20.— Confined Four Months.
252. JAMES ELLIS , stealing 500 stock bricks, value 1l., and within six months, 500 more stock bricks, value 1l.; and within six months, 500 more stock bricks, value 1l.; the property of Edward Westbrook.
MR. CLARKSON conducted the Prosecution.
THOMAS LOVELAND . I am gardener to Mr. William Farrell, of Isleworth—I have been lately receiving a large quantity of bricks from Mr. Westbrook; the prisoner's horses and carts were employed to draw them—on 21st Jan.,
between 7 and 8 o'clock in the morning, in consequence of suspicions, I counted a cart load of bricks in the presence of the driver—there ought to have been 500—it contained 408 within a brick or two; I cannot say for certain—I sent for the master of the brickfield, and then informed Mr. Farrell—I do not know who the prisoner was employed by—I believe the number of bricks to be carted altogether was 230,000—it was my duty to receive the bricks and give receipts for them—there were five carts, but I counted no other load but this—I never saw the prisoner on the premises until 22nd Jan.
Cross-examined by MR. BALLANTINE. Q. How do you know that the prisoner was employed to cart the bricks? A. Because the tickets were signed in his name—I did not employ him, nor was I present at the time of his employment—I do not know his writing—the other people that were employed were Fielder, Birchett, and Gilbert; they are not here, they have carted a great many bricks—I did not notice whether the prisoner's name was on the cart which contained the 408 bricks, but his men were with it.
HENRY ELLIOTT . On 21st Jan., I drove a cartload of bricks to Mr. Farrell's—I do not know the man's name who loaded them, they were taken out of the field in a cart—on our way to Mr. Farrell's we stopped at Lampton, because my horse got knocked up—that is where the prisoner lives (it is about four miles from Mr. Westbrook's to Mr. Farrell's); the bricks remained at the prisoner's all night, and we drove them on in the morning—I do not know anything of any bricks on the prisoner's premises at Lampton.
Cross-examined. Q. Do you know how it was that there were 100 bricks short? A. They were on the biggest horse's cart, we took them off the other cart and put them on there, as near as we could guess; and if the gardener had counted those in the other two carts he would have found that the bricks were all right—I said that before the Magistrate.
MR. CLARKSON. Q. Were the bricks unloaded at Lampton? A. No; at Crawford-lane—I saw Mr. Farrell's man come to the cart; I did not tell him that he would find them on the other cart, but my man, Curtis, did, who drove the other cart—there were fifty of the bricks on each of the other carts.
THOMAS LOVELAND re-examined. Curtis told me that if I counted the other two loads I should find them all right—I did not do so, because they had begun unloading them before I begun—the bricks that were delivered at Mr. Farrell's were not all counted—for anything I know, the whole quantity may have been delivered.
EDWARD WESTBROOK . I am a brickmaker, of Heston—my brick field is at North Hyde—I had sold a quantity of bricks to Mr. Farrell—I sold none to the prisoner—these bricks (looking at a sample) are of my make—they were made last season, and bear my mark on them.
Cross-examined. Q. Did you make a great quantity? A. 36,300,000; I sell to other dealers.
MR. CLARKSON. Q. Did the bricks, of which you have seen the sample, form a portion of the clamp? A. I cannot say.
NOT GUILTY .
253. JOHN PATTISON , stealing 1 bag, value 6d., and 2 bushels of nuts, 1l. 10s., and within six months afterwards 1 bag, 6d., and two bushels of nuts, 1l. 10s.; the property of William James Chaplin and another.
MR. CLARKSON conducted the Prosecution.
GEORGE MATTHEWS . I am in the service of Messrs. Chaplin and Horne. On 18th Jan. I loaded van No. 123 at the railway at Camden-town with ninety bags of nuts; I then loaded van No. 174 with ninety-eight bags of
nuts—they were consigned to Messrs. Keeling and Hunt, Monument-yard; their back entrance is in Pudding-lane—Jones was the book-carrier and guard.
EDWARD JONES . I went with wagon No. 174, containing ninety-eight bags of nuts, from Camden-town station to Messrs, Keeling and Hunt's—on arriving there, the prisoner came to the back of the wagon, and took a bag of nuts as I handed the bags out—I did not know him before, but thought he was a servant of Keeling and Hunt—I unloaded ninety-eight bags, including the one that he took; there were other men taking them—when I came to get my receipt ticket from Keeling and Hunt, they signed for ninety-seven bags only—my van was drawn up at the Pudding-lane entrance—I had never been there before—I could not see that there was a way through to Monument-yard—there are two steps at the Pudding-lane entrance.
Cross-examined by MR. PAYNE. Q. About how many men were engaged in unloading the wagon altogether? A. Six or seven; I recognised the prisoner as one of them by his being dressed in a cord jacket; the others had all white slops on—I also know him by hit height, and I saw his face.
MR. CLARKSON. Q. How soon did you see him afterwards? A. Next day, and I knew him.
STEPHEN MAINE . I am one of the book-carriers to Messrs. Chaplin and Horne; I accompany the wagon when it goes to deliver things. On 18th Jan. I was with van No. 123, which went from Camden-town to Keeling and Hunt's with ninety bags of nuts—I arrived there about half past 5 o'clock; that was before Jones came—I delivered my cargo; there were different men to carry them up the steps—on presenting my way-bill to Keeling; and Hunt for signature, I got a receipt for eighty-nine bags only—I had counted ninety bags as they went from the wagon—about half past 6 o'clock the same evening my fellow Wagoner arrived with wagon No. 174—I waited about to see, if I could, how I had lost the bag—I saw part of his load delivered, and saw the prisoner there smoking a cigar alongside the wagon—I watched him, and saw him chuck away his cigar under the wagon; he turned his beck to the wagon tail, and Jones delivered a bag of nuts to him on his back—he turned towards the stairs with it, but instead of going up into the warehouse he went through, and bolted right across Monument-yard into Fish-street-hill, and then into Thames-street—I followed close behind him, and as soon as he got into Thames-street he hallooed out, "Bob!" twice, but no. Bob appeared; he said, "I am wrong," and I collared him directly and held him—he flung me down on my back, but I never let loose of him till I gave him in charge—he had the nuts on his back, and after I collared him he dropped, them on the pavement and burst the bag—he begged of me not to tear his clothes—I had not noticed the prisoner while I was unloading my van.
Cross-examined. Q. How near were you to the man, who you say was the prisoner, when he was going off with the bag of nuts? A. Close to his heels; I did not catch him, because I wanted to see where the other bag of nuts was gone—I am quite sure I never lost sight of him from the time he left the cart till ho dropped the nuts on the pavement—I am quite sure the prisoner did not come out of a public house with some other man—I did not hear him say he came out of the public house and stumbled over the nuts; I collared him with them.
STEPBEN SHERWOOD . I am in the employ of Keeling and Hunt, fruit brokers in a large way of business in Pudding-lane. I have known the prisoner for the last four years—he was not in the service of my employers in Jan., nor had he anything to do with me or for them at all—he had: no business to meddle with any bags of nuts—he knows the passage through
our warehouse to Monument-yard quite as well as the way up to our warehouse if he had been going there—you can go by the steps along the passage, and instead of going up to the warehouse you can shoot through into Monument-yard—there is a ladder leading to the warehouse, and a person so inclined might go through to Monument-yard instead of going up the step—the carman would see him going up the steps, but would not see him further.
Cross-examined. Q., Did you examine the nuts? A. Yes, at the Mansion-house—there was about two bushels—they were worth about 30s. at the least—they were Turkey filberts—since then we have sold some at 55s., which makes them worth more than that—there is a coffee house there, called Francis's, the Sun, and from what I have heard, I think the nuts must have been dropped at the door of that coffee house.
MR. CLARKSON. Q. Were any of your nuts to be delivered at the Sun coffee house? A. No.
NICHOLAS LEWIS (City policeman. 576). On 18th Jan., I heard a cry of "Police!" and saw the prisoner and Maine struggling—Maine said the prisoner had stolen a bag of nuts, which were lying right against the Sun coffee house door—I took the prisoner—he said he had been having a cup of tea or a cup of coffee at the coffee house—Maine said the prisoner had taken the nuts off his van—the prisoner said he did not take them, and that Maine was mistaken in the man—I took the prisoner and the nuts to the station.
Cross-examined. Q. Did not the prisoner say he heard the noise outside, came out, and was taken for the wrong man? A. Not to me—he said he was having a cup of tea or coffee, but he did not mention in what coffee house.
CHARLES HUNT . I was coming down Fish-street Hill about 5 minutes to 7 o'clock, and saw the prisoner turn the corner of Fish-street Hill into Tower-street, followed by Maine—I have no doubt it was the prisoner—I knew him—I saw Maine catch hold of him—the bag was alongside of him at his feet when Maine took hold of his collar—the coffee house is at the corner.
Cross-examined. Q. Where were you? A. Going up Fish-street Hill towards Billingsgate-market, and within about ten yards of the Sun coffee house—the first I saw was Maine catch hold of the prisoner—there were no other persons about at that moment, there were a few minutes afterwards.
COURT. Q. Did you say you saw them both turn the corner? A. I saw them both at the corner, but did not see the prisoner turn round the corner—the coffee shop is at the corner—I should have seen anybody coming out of the Sun coffee house—the prisoner did not come out of there.
MR. PAYNE. Q. Might not he have come out a minute before? A. Yes, when I was some distance off.
GUILTY . Aged 24.— Confined Three Months.
WILLIAM FREDERICK WELCH . I am a tailor, living in Upper Weymouth-street. On 24th Jan., about half past 11 o'clock at night—I was near Field-lane, going up Holborn—I stood still—I had not been drinking—two females came up to me, and asked me to go with them into Plough-court—I went there—one of them left, and the other remained with me—that was the prisoner—I am certain of her—while we were in the court talking I felt a chuck at my watch—I put my hand up, and my watch was gone—the chain went round my neck—I had looked at my watch a quarter of an hour before—the prisoner ran away, and said, "I will be back in a minute," or something of that sort
—I ran after her—she went into a house in Plough-court—I followed her—she went into the parlour, and the door was shut in my face—I called a policeman, and with his assistance got into the parlour, and saw that there was a door into Field-lane, which was wide open—we searched the rest of the house, but did not find the prisoner—in consequence of something which passed between me and the policeman, I went next evening in disguise, and stood against a lamp post at the comer of Farringdon-street and the bottom of Holborn—the prisoner came up to me, and then said, "I beg your pardon, I made a mistake," and was going away—I spoke to her, and she came back, and asked me if I would stand treat—I said I did not care if I did—she wanted to cross over to Field-lane again, but I said, "No, I will go up this way"—we walked till we got opposite St. Andrew's Church, where I met a policeman, and gave her into custody—I am sure she is the same woman.
Prisoner. Q. Did not you say that there were two females, and that you lost 18d.? A. No; I am quite certain you are the person—I have never said I was not certain whether it was you or the other female.
Prisoner's Defence. Last Monday week I was going to the play, and met another young female at the comer of Fleet-street; we met the prosecutor, and spoke to him; he said he had been with two young girls, and had lost 18d.; it was between 1 and 2 o'clock in the morning; I said, "Come away from him, he is tipsy;" he said, "Come along, and I will treat you; I walked with him to the corner of the court, and left him and the other female together; he gave me in charge on the next night; I know nothing of it whatever.
COURT to WILLIAM WELCH. Q. Are you sure she is the woman who stopped with you? A. Yes; there was a lamp down the court, and I could lee her face—she was not more than three minutes in my company, but was talking to me all the time.
Prisoner. At the police court he pointed out a person who he said was in the parlour when he went in to search, but it turned out that he was mistaken in the party, who was a friend of Mr. Wood, the solicitor; he might as well be mistaken in me as in him. Witness. I did point out a gentleman at Guildhall, who I believe to be a man who I saw in the parlour—there was a family in the parlour, which opened into Field-lane, a man, a woman, and children—they are Jews—I pointed out the person at Guildhall, because I believed him to be that man, and I believe so now—he was up there on a case of the same sort, to get a girl off who he lived with, who was charged with stealing a watch and chain—he was there with the solicitor—two detectives in plain clothes went into the parlour with me—I do not know their names—I saw them at the station house on the night the charge was made—one was called Charles.
WILLIAM CLARK re-examined. I do not know the names of those officers—I was at Guildhall—two females were charged there with stealing a watch from a person, and the person who Webb pointed out was concerned with them—I have made inquiry, and find that the prisoner's sister lives in the parlour—she is in Court now.
Prisoner. My sister lives in the next house; she was not there at all.
GUILTY . The prisoner was further charged with having been previously convicted of felony.
HENRY ATTWOOD . I produce a certificate of the prisoner's conviction; (read—"Central Criminal Court, Ann Caddick convicted April, 1850, of feloniously receiving pistols, and other articles, value 130l.—confined one year")—I was present—she is the person.
GUILTY. **† Aged 26.— Transported for Ten Years.
NEW COURT.—Tuesday, February 1st, 1853.
PRESENT—Mr. Ald. MOON; Mr. Ald. FINNIS; and Mr. COMMON
Before Mr. Common Serjeant and the Sixth Jury,
GUILTY . Aged 29.— Confined Six Months.
GUILTY . Aged 28.—(See page 366).
GUILTY . Aged 28.— Confined Six Months.
MESSRS. ELLIS and COCKLE conducted the Prosecution.
RICHARD HUMPHERY . I am assistant to Mr. Eveleigh, a draper, in Sidney-place, Commercial-road East. On 7th Jan. I saw the prisoner in my master's shop, about 7 o'clock in the evening; he asked for a pair of brown cotton stockings—the price was 11 1/2 d.—I got them for him—he offered in payment a bad 5s. piece—I thought it was bad, and passed it to my master—he said it was not worth a penny—the prisoner heard that—we gave the crown back to the prisoner—he said it was for two hard days' work he had done at the West India Docks—he said it must be good, for he could not bend it—he left the shop—I followed him a little way, but I lost sight of him—I do not know bow far my master's shop is from High-street, Poplar.
Prisoner. Q. What did I give you? A. A crown piece; I saw it after I gave it to my master—I did not mark it when I gave it to my master—I cannot swear to the crown piece—I can swear the one you gave me was a bad one—I know it was bad by the look of it—when you went out of our shop you went about 100 yards towards Poplar.
GEORGE CHURCHMAN . My wife carries on business as a hosier, in High-street, Poplar, which is about two miles from the Commercial-road. On 7th Jan. the prisoner came, about 10 minutes or a quarter before 9 o'clock in the evening—he asked for a pair of cotton stockings—I saw him served by my wife—he gave her a bad crown piece—he put it on a piece of print—my wife said it was bad—she put it to her teeth, and said it was a rank bad one—the prisoner said, no, it was not; it could not be a bad one; it was a good one—on that, I came and took it out of my wife's hand—I asked the prisoner
where he got it from—he said, "From the Docks"—I took him out, and gave him in custody to a constable—I gave the crown piece to him.
ELIZA CHURCHMAN . I remember the prisoner coming into the shop on the evening of 7th Jan.—he asked for a pair of stockings—I served him—he pat down a crown piece on a piece of print—I tried it with my teeth—it was a bad one—the prisoner said it was a good one, and he took it at the Docks that day—my husband took the crown piece from me.
WILLIAM PRATLING (policeman, K 334). I was met in the street, and took the prisoner in charge—I received this crown from Mr. Churchman—I searched the prisoner, but found nothing more on him—he said he took it for two days' work for Mr. Smith, working with a dung cart.
Prisoner. I was at work at the West India Docks for two days, and received that crown; T was not at work for the Company, but for a man unloading a vessel; I was paid that for two days' work; I went to the shop at Poplar, but as for the other shop I never saw it; I did not know this was bad.
GUILTY .* Aged 21.— Transported for Seven Years.
MESSRS. ELLIS and COCKLE conducted the Prosecution.
MARY ANN WATSON . I am barmaid at the George and Dragon, in Hexton-market. On Friday, 31st Dec, the prisoner came and asked for a bottle of stout—I said we had not any; he said he would take a glass of draught stout—I served him—it came to 1 1/2 d.; he gave me a half sovereign—I gave him change, and while he was picking it up I put the half sovereign between my teeth and bent it—I then put my arm over the counter, and said, "That change does not belong to you; you have given me a bad half sovereign"—he dropped the change on the counter and ran away—I had the half sovereign in my possession—I gave it to Mr. Herbert—a boy who was standing at the bar followed the prisoner—he was without a hat or a coat.
Cross-examined by MR. O'BRIEN. Q. What was the price of a bottle of stout? A. He asked for a pint bottle; we had not any—he had a portion of the change in his hand when I told him the half sovereign was bad—he dropped the change on the counter; he did not ask for the half sovereign back.
JOHN ROWLAND . I was potboy at the George and Dragon. I remember the prisoner coming on 31st Dec.—he asked for a pint bottle of stout; he was told we had not got one, and he asked for a glass of stout—he threw down a half sovereign; Miss Watson counted the change out of the till and gave it him; after that, she discovered it was a bad half sovereign—she said, "This is a bad half sovereign; give me the change back"—the prisoner said, "Oh!" and ran out—I ran after him, and saw him taken about 300 or 400 yards from the George and Dragon.
Cross-examined. Q. Had you any bottles of stout at all? A. No; I did not lose sight of the prisoner before he was taken—when the barmaid said the half sovereign was bad, the prisoner had some of the change in his hand—when she told him the half sovereign was bad, he dropped the change—he stood at the bar, and I stood at the end of the bar.
Cross-examined. Q. What time did you get it from Miss Watson? A. Between 8 o'clock and 9 o'clock in the evening.
JAMES CAFFRAY (policeman). On Friday evening, 31st Dec., I was on duty near the George and Dragon in Hex ten-market. Just after 9 o'clock I heard a cry, and saw the prisoner running towards me, and I saw another man standing at the corner with a hat and a coat in his arms—I could not tell which to follow—the prisoner was without a hat or a coat, in his shirt sleeves—I stopped him; the other man ran to the corner and ran away—there was no one there to take the prisoner, or I should have run after the other—the prisoner said he was a respectable man, and could prove it—I received this half sovereign from Mr. Herbert about ten minutes afterwards.
Cross-examined. Q. Did the prisoner tell you where he lived? A. Yes, at No. 5, Little Sutton-street; I went there, and I believe he does live there, WILLIAM WEBSTER. This half sovereign is a bad one.
GUILTY Aged 24.— Confined Twelve Months.
MESSRS. ELLIS and COCKLE conducted the Prosecution.
MARTHA BOWDITCH . I am the sister of Grace Collins, who keeps a haberdasher's shop in Castle-street. On Thursday, 9th Dec, the prisoner came to the shop; I had never seen him before—he asked me for change for a crown—he gave me a 5s. piece in one hand, and I gave him the 5s. in the other hand—he went away with the change, leaving the crown piece with me—he came to the shop on 30th Dec. again for change for a 5s. piece—my sister said something to me, and I gave her the 5s. piece that the prisoner had given me—I went to a grocer's two or three doors off, and he sent his boy for a constable, who came and took the prisoner into custody.
GRACE COLLINS . On Thursday, 9th Dec, a crown piece was handed to me by my sister, Martha Bow ditch; it was a bad one—she wished to destroy it, but I said, "No, I will take care of it, in case he comes again"—I marked it, and put it in a box on the mantelpiece—the prisoner came afterwards on 30th Dec. for change for a crown piece—I told my sister he was the same man—I saw him give a crown piece to my sister, and I received it from her at once—I went out of the parlour door, got an officer, and gave the prisoner into custody—I gave both the crowns into the constable's hand.
Prisoner. Q. How can you swear that I gave the first crown? A. I was sitting in the parlour near the shop door, and saw you give the first 5s. piece—I was very near to you, only a few yards off.
BENJAMIN CLARK . I am a confectioner, in Tottenham-court-road. Towards the latter end of Dec. I saw the prisoner; I believe it was about 22nd Dec.—he came to my shop and asked for change for half a crown—he handed me a half crown; I put it in the detector, and ascertained it was bad—I asked the prisoner a good many questions, and called in a policeman—I gave the same half crown to the policeman that the prisoner gave to me—the prisoner was allowed to go.
Prisoner's Defence. That was not the same crown that I gave to the woman; she took it in her hand, and went away; I never got sight of her for about five minutes afterwards.
GUILTY . Aged 18.— Confined Twelve Months.
MESSRS. ELLIS and COCKLE conducted the Prosecution.
HENRY GEORGE BAILEY . I am a perfumer, and live in Albert-place, Walworth-road. On the evening of 9th Dec. the prisoner came about half past 5 or 6 o'clock—she asked for a square of honey soap; it was 4d.—I served her, and she gave me a bad shilling in payment—I marked it, and asked her if she had got any more money—I said, "This is a bad one; where did you get this?"—she said it was given her lower down—I said, "Where?"—she said she was sorry to say she was an unfortunate girl, and a gentleman gave it her in the street—I asked her where she lived; she said she did not live anywhere—I sent for a constable, and gave her into custody with the shilling.
WILLIAM BRISCOMBE . I am a draper, and live at Pimlico. On 3rd Jan. the prisoner came to my shop about 6 o'clock in the evening for a pair of gloves—they came to 4d. or 4 1/2 d., and she offered in payment a base half crown; I discovered it as I went to put it in the till—I thought it felt light, though it was a good looking one—I went and weighed it, and it was light—I then tried it with nitric acid and it was bad—it had not gone to the till at all; it was never out of my hand—I sent for a constable, marked it in his presence, and handed it over to him—when I found it was bad, I asked the prisoner if she had got any more money; she said she had not—I said, "You must find some," and after hemming and hawing, she pulled out a good shilling—I said, "I shall not part with this half crown; if you are an honest girl you will give me your address, and I shall not do anything to you"—she said she lived round the corner—I said, "Where?"—she then said, ** I am an unfortunate girl; a gentleman gave it to me."
GEORGE GLASSPOOL (policeman, B 63). I took charge of the prisoner on 3rd Jan., and got this bad half crown from the last witness—the prisoner said she lived in the neighborhood, and afterwards she said she did not know where she lived—she did not give any address.
Prisoner. I never said where I lived. Witness. Yes, you did.
Prisoner's Defence. I am an unfortunate girl; I took the money, and did not know it was bad.
GUILTY. Aged 16.—Recommended to mercy by the Jury on account of her youth. — Confined Six Months.
MR. COCKLE conducted the Prosecution.
road. The prisoner came to my shop on Friday, 7th Jan., about 8 o'clock in the evening, for a pennyworth of hooks and eyes—she offered me in payment a bad shilling—I cut it in halves and returned the pieces to her—I asked her where she got the shilling; she said a gentleman gave it her—she came to my shop again the same evening, about twenty minutes afterwards—I was called into the shop the second time she came, and I found her there—I asked what she wanted; she said a reel of cotton—it would come to a halfpenny—she said a young lady was going to serve her—I told her I would do so—she gave me another bad shilling—I told her it was bad, and asked her where she got it from; she said a gentleman had just given it her—I told her that was what she said before, and I should not let her off that time—she had come half an hour before—I gave her into custody, and gave the second bad shilling to the constable.
GUILTY . Aged 18.— Confined Six Months.
MR. COCKLE conducted the Prosecution.
JOHN SMITH . I am foreman to Mr. Wilson, who keeps the Marlborough Head, Drury-lane. The prisoner came there on Friday evening, 31st Dec., between 8 and 9 o'clock; he asked for 2d. worth of rum, and offered a shilling in payment—I took it up, and discovered it was a bad one—I bent it, and gave it him back again—he paid in good money, and went away, taking the bad shilling with him.
Prisoner. It was not a bad shilling, I took it to the Gun Tavern, and they took it; if I had money I could bring up the man to prove it. Witness. I am sure I bent it—I bent it double, as nearly as possible.
SOPHIA STEVENSON . I am the wife of Thomas Stevenson, who keeps the Crown Coffee-house, in Drury-lane—the prisoner came there on Friday, 31st Dec., at a little after 11 o'clock at night; he called for a cup of coffee, an egg, and a slice of bread and butter—they came to 2 1/2 d.—he was at that time rather the worse for drink—he gave me in payment a 5s. piece—in consequence of something that was said, I looked at it—it was bad—while the prisoner was taking his refreshment I sent for a constable, and gave him into custody—I gave the 5s. piece to the constable at the same time—the constable asked the prisoner where he got it; he said he had been working at the Crystal Palace, and had taken it in payment for his wages—he said the next morning that he had taken a half sovereign, and got it changed at a public house, and had taken the 5s. piece in change; and he said he did not know where the public house was—I had not parted with the 5s. piece before I gave it to the constable—I made a mark on it afterwards at the station.
ALFRED MITCHELL (policeman, A 398). I took the prisoner, and received this crown from the last witness, she afterwards marked it at the station—I asked the prisoner where he got it—he said he had worked at the Crystal Palace, and received a half sovereign as part of his wages, and had changed it at some public house and got this in change.
Prisoner. I told him where I lived. Witness. He told me he had no abode.
MR. COCKLE. Q. In what state was he? A. He appeared to have been drinking—he was not to say drunk.
Prisoner's Defence. I worked hard for that money; I offered to give every satisfaction, and they would not take any notice of me; I have no money to bring that man to prove I gave him that shilling in a public house.
GUILTY .* Aged 48.— Confined Twelve Months.
MESSRS. ELLIS and COCKLE conducted the Prosecution.
WILLIAM HENRY DEAN . I am a wine merchant, in Fleet-street, and keep a post-office. On Saturday evening, 15th Jan., about 6 o'clock, the prisoner came for 5s. worth of postage stamps—I handed them to him, and he put down a bad crown on the counter, and left the shop suddenly—I sent my young man after him; he brought him back—I found the crown was counterfeit, and I desired the man to take it to the station, and I went to the station with the prisoner and the man; I delivered the crownpiece to the officer there—I asked the prisoner before he went to the station, where he came from—he said from the Strand—I asked him again at the station, and he said he had been working in Long Acre, but he gave no address—he said the stamps were for a man in a white coat in the street.
GEORGE HUNT . I was sent in pursuit of the prisoner by the last witness; I overtook him in Bride-lane—he was running as fast as he possibly could—I cried, "Stop thief!" when I caught him be turned round and said something, but I could not understand what—I collared him and brought him back.
Prisoner. Q. Where did you see me? A. I saw you first at the counter, and I stopped you in Bride-lane; I called out, "Stop thief!"—you turned round, and I put my hand on your shoulder—I did not say before that you turned round and came to me.
WILLIAM BLEACH (City policeman, 363). The prisoner was given into my custody at the station, on Saturday, 15th Jan.—I received from Mr. Dean this bad half crown (produced)—the prisoner gave an address at No. 6, Castle-street, Long-acre—I went to three No. 6's in Castle-street, but no such name was known at either of them.
GUILTY . Aged 20.— Confined Six Months.
MESSRS. ELLIS and COCKLE conducted the Prosecution.
GEORGE COLLARD . I am a baker, and live in Lamb-street, Spiral square. On Wednesday, 5th Jan., the prisoner came about half past 11 o'clock in the forenoon—my wife called me from downstairs, and handed me a counterfeit shilling; she said she took it from the prisoner—the prisoner was present—I said it was bad, and asked her where she got it from—she said she had just taken it from a man that she had been in a brothel with—I tried the shilling in the detector, and found it bad—I called in the officer, gave the prisoner into custody, and gave him the shilling.
CHARLES SAYER . I am a bedstead maker. I saw the prisoner that day, and a man with her, in Spital-square—they came across the road towards me, and the man gave the prisoner a shilling, and said, "Take it to that baker's shop, and try it on there."
Prisoner. What he says is quite false; I did not know it was bad; he swears false who says he saw me receive it from the man's hand.
JURY. Q. How near were you to the prisoner when you heard that "Try it on?" A. They were right by the side of me; they stopped against me—I swear that I heard that—I had not known the prisoner before—I am confident she is the same person; and when I went to the station I said I saw a man give it her, and she said, "Yes; he just gave it me."
Prisoner. I did not.
GUILTY . Aged 22.— Confined Six Months.
MESSRS. ELLIS and COCKLE conducted the Prosecution.
ELIZA SOLEY . I am living with Hannah Wilkinson, a cousin of mine, in Bateman's-row. On Tuesday, 4th Jan., about 6 o'clock in the evening, the prisoner came to my cousin's shop for half a quartern of shilling butter—it came to 1 1/2 d.—he offered me half a crown in payment—I bit it, and looked at it, and gave it to my cousin, Mrs. Wilkinson—when I was going to give it her, the prisoner followed me into the parlour—my cousin asked him when he got the half crown from—he said he had been working at the Docks, and took it from the Docks—my cousin John said, "Let's look at the half crown," and the prisoner took to his heels and ran away—he had to run from the parlour through the shop again into the street—my cousin John ran after him, and I ran after my cousin—the prisoner fell down in the street, about 200 yards from the shop—my cousin took him, and gave him into custody—I saw all the pursuit to the end, and the capture.
HANNAH WILKINSON . I am a cousin of the last witness. On 4th Jan. she brought a half crown to me in my parlour—I said it was bad—the prisoner followed her in—I told him it was bad, and asked where he had taken it—he told me from the Docks—I told him they never gave bad money—my brother John was there—he said, "Let us see that half-crown?"—it was in my hand; I showed it him, and be put it on the table—the prisoner went away very fast, and my brother followed him—he brought him back, I should think, in about five minutes, and he was given in charge—the prisoner said he wanted to speak to me alone, but my brother would not let him—I had taken up the half crown from the table, and had it all the while—I gave it to the policeman.
JAMES WHITE (policeman, H 210). I received charge of the prisoner, and received this half crown from Mrs. Wilkinson—the prisoner said, "I will tell you the truth, I have had it by me some time; I was hard up, and tried to pass it."
Prisoner. I received it from the Docks on the Saturday before; I did not know it was bad.
GUILTY . Aged 22.— Confined Six Months.
NOT GUILTY .
MESSRS. BODKIN and POLAND conducted the Prosecution.
ROBERT NEWBY . I am barman, at the Crown and Sceptre. On 12th Jan. I was there about five minutes to 12 o'clock in the evening; he asked for half a pint of porter, and he gave me three farthings—he then laid down three sixpences, and 6d. worth of coppers, and asked me to give him two shillings for them—I tested the three sixpences, and they were bad—I gave them to Mockeridge, and the prisoner was given into custody.
Cross-examined by MR. O'BRIEN. Q. How long did the man remain there? A. About a quarter of an hour altogether—he seemed as if he had been drinking—he was a little the worse for liquor, but appeared to know what he was about.
CHARLES MOCKERIDGE . I was at the bar of the Crown and Sceptre on 12th Jan.—the prisoner came about five minutes before 12 o'clock; the last witness served him, and gave me three sixpences—they were bad, and I gave them to the constable—Newby said that the prisoner had tendered three bad sixpences—the prisoner said he did not believe he did—I gave him into custody.
THOMAS WITHAM (police-sergeant, E 19). I took the prisoner on this charge—I found on him one sixpence, and one four penny-piece, good money in one pocket, and 4 1/2 d. in another pocket—he had been drinking—after he had left the house, and was going to the station, he said he would give me 10s. if I would speak to the inspector for him—he did not say for what purpose—I said nothing.
GUILTY . Aged 23.— Confined Six Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
SARAH WRIGHT . I am going on for twelve years old—I live in Princes place, Notting-hill. On 1st Jan. I was out between 7 and 8 o'clock in the evening—the prisoner spoke to me and said, "Little girl, will you go and get me a pound of sugar and I will give you a halfpenny?"—I said, "Yes, sir"—he gave me half a crown, and told me to go to Mr. Scarborough's—I went and got the sugar, and paid for it with the half crown that the prisoner gave me—the prisoner ran down the street after me, and said, "Little girl, here I am"—I gave him the pound of sugar and the 2s. 2d.—he said he lived just by there—he gave me a halfpenny, and I went away.
Cross-examined by MR. O'BRIEN. Q. Had you ever seen the prisoner before? A. Yes; several times—I did not know his name before—I heard his name at Hammersmith—I saw him again on Tuesday evening, in Mr. Scarborough's shop; he was in custody, a little boy brought me to see him—there were two policeman, and the prisoner and Mr. and Mrs. Scarborough in the shop.
MR. BODKIN. Q. Did anybody point the prisoner out to you, or did you remember him? A. I remembered him—I had seen him before in Shepherd's Bush Market; I saw him three or four times with a man taking dung away—I gave the same half crown to Mr. Scarborough that the prisoner gave me.
HANNAH DUGGAN . I am going on for ten years old—I live at No. 5, Princes-place—Mr. Scarborough, the grocer, lives at the top of the street. On 3rd Jan. I was out, and I met the prisoner just against my mother's gate—I had never seen him before—he said to me, "Little girl, will you go to
the corner shop, and get me half a pound of sugar and a packet of cocoa?"—I said, "Yes"—he said he would give me a halfpenny—he gave me a half crown, and I went to Mr. Scarborough—he was in the shop; he gave me the sugar and the cocoa—I gave him the half crown—there was another gentleman in the shop—he bit the half crown, and it broke—he asked me some questions, and I answered him—he desired me to go out he went out at the private door, and I went out at the shop door—I pointed the prisoner out to Mr. Scarborough, and he went and spoke to him—I am sure the prisoner is the man who spoke to me.
Cross-examined. Q. Where did he speak to you? A. Just against my mother's gate—when I came out of the shop he was four or five doors off—I had never seen him before—he did not tell me where he would meet me—he had light trowsers on, and a slop and a hat—I had not described to Mr. Scarborough how he was dressed.
GEORGE SCARBOROUGH . I keep the grocer's shop. On 1st Jan. I was in the shop, and remember the child coming there—I served her with a pound of sugar; she gave me a bad half crown—I did not notice the half crown, knowing the child well—I gave her the sugar and the change—when she was gone I noticed the half crown was bad—I had not lost sight of it—I went to the child's house with it—I then marked it, and gave it to a policeman—on 3rd Jan. I remember the second witness coming for a packet of cocoa and some sugar—she gave me a half crown—I discovered it was bad—I asked her where she got it—in consequence of what she said she took the cocoa and sugar, and left the shop by the shop door—I went out at the private door—she walked across the road to the prisoner, who was standing opposite—I went and asked her if that was the man; she said, "Yes"—I accused him of having, sent the child with a bad half crown—he said he was not the man; it was not probable that a man like him, in constant employment, would do such a thing—I gave him into custody—I marked the second half crown, and gave it to a policeman.
Cross-examined. Q. Did you mix the first half crown with other money? A. Not with any other—it did not pass out of my own hand till I gave it to the officer that night—I did not mix the second half crown—I did not see any other men about.
GUILTY . Aged 25.— Confined Twelve Months.
MARY MAY . I keep Uncle Tom's Cabin, in Back Church-lane. On Thursday, 6th Jan., the prisoner came and asked for a pot of porter in a can—I asked him who it was for; he said for Mr. Farmer, the ginger-beer maker—he paid me with a half crown, which I put into the till, and gave him 2s. 3d. change—there was no other half crown then in the till—it was afterwards taken out of the till, with another half crown, which was taken that evening, and put into the till; they were bad, and they were the only two that were taken that evening—when they were taken out I put them into my purse, and a bad 5s. piece, and put the purse in my bosom—the next day the prisoner came again for a pint of the best half and half; he put
down another half crown, Which was a bad one—I said I did not like the look of it—I put it in the detector, and it broke in two pieces—the prisoner took them both up, and a witness in Court saw him swallow them—I saw the prisoner pick them up, and I said, "Where are they?"—he said, "They are gone"—I said, "Where are they gone?"—he said, "I have swallowed them"—I said to him, "You are the same man that gave me a bad half crown last night"—I gave the two half crowns to the policeman.
Prisoner. Q. You said that I came on Thursday evening, and gave you the half crown, and you put it into the till? A. Yes; I might have tried to bend it, and could not—nobody else was at the till that evening—there were only two half crowns in the till that evening—they were bad—I cannot swear which you gave me, but you gave me one—I gave the half crown to a man, and he brought it me back again.
HENRY MELDAN . I am a painter and glazier. I was putting in some glass at Mrs. May's on 7th Jan.—she sent me for something with a half crown—I brought it back to her, and told her it was bad—I am sure it was the same that she gave me—she gave me another, and I brought that back, with the man from the warehouse—I am sure they were the tame that Mrs. May gave me—I did not lose sight of them—I was sent back with a crown piece, and that was bad.
HENRY TAYLOR (policeman, H 91). I took the prisoner into custody on this charge—I produce the two half crowns—I inquired about the half crown which had just been tendered—the prisoner was standing by, and said, "I swallowed it," before Mrs. May could answer me at all.
Prisoner. I said it was gone; I did not say where it was
Prisoner's Defence. The half crown I gave on Thursday evening I can take my oath was good; the party who gave it me is gone to sea; we were drinking, and he Said to me, "Go there, and say you came from Mr. Farmer, and they will let you have it;" on the other half crown being given, she broke it, and said I swallowed it, and I could not do so when I was knocked down, and three persons kneeling on me.
GUILTY . Aged 19.— Confined Six Months ,
MESSRS. BODKIN and POLAND conducted the Prosecution.
ANN PALMER . My husband keeps the Jacob's Well, in Barbican. On 1st Jan. the prisoner came, about 9 o'clock in the evening; he called for a pint of beer—I served him, and he gave me a bad half crown—I said, "This is a bad one"—the prisoner said, 'Give it me back"—I said to my husband, "This is a bad half crown this man has given me," and gave it to him.
JAMES PALMER . I saw the prisoner tender the bad half crown to my wife—he wanted it back, but she gave it to me—I tried it by the detector, and bent it up—the prisoner said he got it from the butcher's, in change—he tendered a 4d., piece to pay for what he had—I said to him, "When you have drunk your beer, I will go with you to the butcher's where you say you got the half crown"—I went out with him—previous to going out, he said his wife had taken it—as we were going along, he stopped suddenly, and said he made a mistake; his wife had taken it, and she had gone another way—he took me through Bridge water-square, and through some courts; he came to a public-house; he went in at the front door, and out at the side door, took
to his heels, and ran away—I ran after him, and called, "Stop him!"—he was stopped in Bridgewater-square, by two lads—he succeeded in pushing them them away, and got away—he went some distance, through some streets, and an officer got hold of him—I gave the half crown to the officer.
SAMUEL COOMBS (City-policeman, 16). I took the prisoner in Charles-street—he had been stopped by somebody—I took him to the station, and found on him four halfpence—Palmer gave me this half crown—the prisoner said at the station that he lived at No. 9, King-street, Commercial-road—I went, but could not hear of him.
Prisoner. I said No. 8, King-street. Witness. No; you said No. 9—I went to two No. 9's.
Prisoner's Defence. I was at work at the time; I was not aware it was bad—the prosecutor said he would lock me up, and that was the reason why I ran away.
GUILTY . Aged 39.— Confined. Six Months.
CASTLE pleaded Guilty. Aged 22.
TURNER pleaded Guilty. Aged 22.
Confined Six Months.
MR. BODKIN offered no evidence against HUBBARD.
NOT GUILTY .
MESSRS. BODKIN and POLAND conducted the Prosecution.
SARAH SIMPSON . My husband is a ginger beer maker, in Wardour-street On 15th Jan. the prisoner came there, and had a bottle of ginger beer—he gave me in payment a good shilling—I gave him a sixpence and 5d. in change—my attention was called by another customer, and when I looked towards the prisoner he said, "Mistress, I don't much like this sixpence"—I took it, and gave him another, not thinking he was ringing the changes"—I noticed the one he gave me back, and I marked it as soon as he left the shop; it was a bad one—on 22nd Jan., that day week, the prisoner came again for a penny bottle of ginger beer—he paid with a good shilling—I gave him a sixpence and 5d. in coppers—I recollected the former transaction, and had been waiting for him all the week, and I noticed particularly that the sixpence was a good one that I gave him—he went as far as the door, and returned, and said he did not like the look of that sixpence—I took it out of his hand, and found it was bad—I called my husband out of the room, and gave it him—I charged the prisoner with ringing the changes, and told him he served me the same trick before—he said he was not in the shop—the policeman came and took him—I had put the first sixpence on a shelf, and had marked it—I was about to give the two sixpences to the officer; the prisoner snatched them both out of my hand, and threw them to his mouth—one of them fell on the floor; the other he swallowed—the one that I gave the officer is the second one that the prisoner passed.
Prisoner. Q. Can you swear to the sixpence that you gave me? A. Yes; it was a good one, and the one you gave me was bad—I saw you put the two bad sixpences to your mouth; one went on the floor, the other went down your throat—the policeman caught hold of your neck.
BENJAMIN LEE (policeman, C 199). On Saturday, 22nd Jan., the prisoner was given to me by Mrs. Simpson, on a charge of uttering bad money—as she was giving the two bad sixpences to me, the prisoner seized them, and put them to his mouth—one dropped from his mouth when I seized his
throat; the other he swallowed—this is the one that dropped on the, floor (produced)—I found on him a good shilling, and 9d. in copper.
Prisoner. I had not a good sixpence about me when he searched me. Witness. I found none.
Prisoner's Defence. If I had had an inclination to be dishonest, it would not be for the sake of a sixpence; the first time I was not in the shop; the one that was found is what she gave me; the policeman found no good sixpence on me; something fell on the floor; whether she took that up I do not know; I work at a respectable shop, and can have a good character.
GUILTY . Aged 22.— Confined Six Months.
OLD COURT.—Wednesday, Feb. 2nd, 1853.
PRESENT—The LORD MAYOR; MR. JUSTICE CRESSWELL; Mr. BARON MARTIN; Sir PETER LAURIE, Knt. Ald.; Sir JOHN MUSGROVE, Bart., Ald.; Mr. Ald. HUNTER; and RUSSELL GURNEY, Esq.
Before Mr. Cresswell and the Third Jury.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
ROBERT THOMAS RANDALL ROBINSON . I am a clerk, in the employment of Glyn and Co., bankers, of Lombard-street. It was part of my duty to take to the Post-office country bank notes, enclosed in an envelope, for the purpose of being remitted to our correspondents—I know the prisoner—it was his duty to receive the parcels I so took, and to receive the money for the postage—I went with a parcel to the General Post-office, on 4th Jan.—this (produced) is the cover of the parcel I then took—I delivered it to the prisoner, at the window of the Post-office—I had weighed it before I took it there—it weighed thirty-one ozs.—that was marked on it when I delivered it, in black ink—I cannot say whether the prisoner weighed it; he received it from my hands—I paid him 6s. 2d. on this parcel—that is not the postage for thirty-one ozs.; there was an error; it ought to have been 5s. 2d.—I made the error—I bad calculated the postage beforehand—the prisoner requires me to sign a book on my delivering the parcel, and he signs a book that I take—this is the book (producing it)—the entry here on 4th Jan., is "Bilston, 6s. 2d."—the parcel was directed, "T. Griffin, Esq., Bilston, district bank, Wolverhampton."
THOMAS BIRCH . I am a clerk, in the London and Westminster bank. On 11th Jan., I took a parcel of notes to the Post-office—this (produced) is the envelope of one of the parcels I then took—it is addressed to Mr. Rae, of Liverpool—I had weighed that parcel before I took it—it weighed fifteen ozs.—I marked that on it—the amount of the postage was 2s. 8d.—I also marked that on it in black ink—I delivered it to the prisoner, at the window of the Post-office—I imagine that this mark in red ink is his—I did not see him do it—I paid him altogether 1l. 5s. 10d.—on this parcel I paid him 2s. 8d.—I did not take any book—I signed a book of his—at the same time I took another parcel, of which this (produced) is the cover—it is addressed, "S. Provis, Esq., Salisbury"—I weighed that—it weighed nineteen ozs.—I marked that on the parcel, and the amount of postage, 3s. 4d.—both these
marks are in black ink—I paid 3s. 4d. to the prisoner, on account of that parcel.
Cross-examined by MR. PAYNE. Q. Just look at that "fifteen ozs." on that envelope, and see whether it has not been altered? A. No; it was not originally fourteen or sixteen, and altered to fifteen—I think this mark, is merely a continuation of the five—the bankers, clerks generally go to the Post-office about 3 o'clock with their parcels—we generally get there about the same time—I have seen four or five there at one time—I think 3 o'clock is about the time of the greatest pressure of business—I cannot say at what time the taking of parcels ceases—I have been as late as a quarter past 3 o'clock, not later—I speak from my memory as to haying paid these sums of 2s. 8d. and 3s. 4d.—I have a book, in which I enter the sums before leaving the Bank—I do not take it there with me for the prisoner to sign—I have my book, and can show the entry—it is an entry of what I was to pay—I can tell from memory the total sum—I paid a sum on thirteen parcels, I think, including those—I have no distinct recollection of each particular sum—I paid it all in one sum.
SAMUEL MARSDEN . I am a messenger to Messrs. Masterman and Co., bankers. On the afternoon of 11th Jan. I took six bankers' parcels to the Post-office—this (produced) is the cover of one of them—it is addressed to Messrs. Bailey, of Abergavenny—the weight of the parcel was marked on it by one of the clerks, not in my presence; it is "23 oz.," and "4s." is marked on it in black ink as the amount of the postage—that was on the wrapper when I took it with the others—I took this book with me (producing one); the prisoner signed it—the entry is, "Bailey and Co., Abergavenny, 4s."—that was written by the clerk, and signed by the prisoner—I paid the prisoner 15s. 6d., in the whole—the postage of this parcel was 4s.—the prisoner put his name against that after he had received the parcel and the money.
Cross-examined. Q. Did you see him sign it? A. I cannot say that I saw him sign it", I saw him writing, but I could not see the book, the desk being high and the counter low—I am sure he is the person that received the money from me—I knew him.
MR. CLARKSON. Q. Who handed you the book back after you saw him writing? A. The prisoner.
CHARLES JOHN NASH . I am a clerk in the General Post-office. I know the prisoner as being also a clerk there for many-years—it was his duty to receive bankers' parcels at the Post-office; they are received between the hours of 3 o'clock and 5 o'clock every day except Monday—it was the prisoner's duty to take the parcels and to check them, to see that the amounts were correct—he was to receive the money, and to weigh them to see that the weight marked on them by the bankers was correct—he would then mark the amount of postage on them in red ink—I see the red ink marks on these envelopes that have been produced; they indicate the amount of postage—I believe them to be in the prisoner's handwriting—there is no red ink mark of the weight, only the amount of postage—the prisoner has a book in which to enter the parcels; this (produced) is it—here is an entry on 4th Jan. in the prisoner's handwriting—it is, "No. of the parcel, 29; addressed to Thomas Griffin, Wolverhampton: weight, 1 oz., postage, 2s. 2d."—there is a number, "29," on the parcel; that is put there by the prisoner.
COURT. Q. Postage 2s. 2d. for one oz.; is not that rather dear? A. That is the entry in the book—that is quite absurd on the face of it.
MR. BODKIN. Q. On 11th Jan. do you find an entry of a parcel addressed to Mr. Rae, of Liverpool? A. Yes; the number of the parcel is twelve—I find that same number on the envelope that is here, in the prisoner's writing
—I also find a tax of 2s. 8d. on the envelope, for postage; the weight is fifteen ounces—the entry in the book is, "No. 12, G. Rae, Liverpool; 9 ozs., 1s. 8d.;" that is all in the prisoner's writing—here is an envelope addressed to Mr. Provis, of Salisbury, on the same day—the number on it is "13," the weight nineteen ounces, and the charge for postage 3s. 4d., in the prisoner's writing; the entry in the book is, "No. 13, S. Provis, Sailsbury; weight 7 oz., postage 1s., 4d."—here is also an envelope addressed to Messrs. Bailey on the same day, number sixteen, weight twenty-three ounces, charge 4s., in the prisoner's writing; it is entered in his book as, "No, 16, Bailey and Co., Abergavenny; weight 11 oz., postage 2s."—that is all in the prisoner's writing—he would have to account to Mr. Mellish for the, postage he received according to the entries in this book—the alleged receipts on the 4th are cast up in the. book each day—the total which he charges himself with having received for parcels on the 4th 1s. 5l., 12s. 10d., and on the 11th 5l. 8s. 6d.
Cross-examined. Q. Is there a president, whose duty it is to overlook this account, to check it and cast it up, and compare it with the parcels? A. To cast it up; the president casts it up as it is presented each day—I have not seen him check it with the parcels before they are sent off—I do not know whether that is his duty or not—there is, more pressure in the receipt of these parcels at some periods of the day than others,; the bankers' clerks, come more together at one portion of the time.
MR. BODKIN, Q. IS this a part of the Post-office quite separate from the ordinary business? A. It is a room by itself—the prisoner has no other duty to perform daring this time than to receive these parcels—the Post office enclose these parcels in other covers, and address them to the postmasters of, the towns to which they go—the prisoner had a clerk to assist him on Tuesdays; that is our most busy day—there is nothing on the covers in which the Post-office enclose them indicating the weight or the amount of the postage,.—Mr. Partridge was the president on duty on the 4th, and Mr. Bourne on the 11th.
HENRY MELLISH . I am one of the window clerks at the Post-office. It, was the prisoner's duty to account to me for the money he received at the window for the bankers' parcels—I have a book in which I enter what I receive (referring to it)—on 4th Jan. I received from him 5l. 12s. 10d., and on 11th 5l. 8s. 6d. for bankers' parcels—I made these entries upon those several receipts; the entries in the prisoner's book on those dates correspond. with mine—he paid me nothing more on either of those days for bankers' parcels—I have not cast up the book; that is not my duty—the sums I so received were paid over to the revenue.
Cross-examined. Q. On 4th Jan. there were fifty-six parcels accounted for, were there not? A. I do not know how many; I receive the money in a total sum—I do not see the prisoner's book.
ROBERT PARTRIDGE . I am one of the presidents of the Post-office. This is the book which it was the prisoner's duty to keep—I have cast up the book, and debited the office with the amounts stated—the prisoner casts up the book in the first instance; I check it—he has cast this up—I saw that his casting was correct; it amounts on the 4th to 5l. 12s., 10d.—I did not do it on the 11th.
Cross-examined. Q. On 4th Jan. I think there are fifty-six parcels entered? A. Yes; there is a column headed, "Partner or Clerk"—that is signed by the person who brings the parcel.
me for 5l. 8s. 6d.—it is my business to check the casting of the book—I have done so in this instance—it appeared to have been correctly cast—the bankers' clerks have signed it.
Cross-examined. Q. There were fifty-nine parcels, I think? A. Yes
R. T. R. ROBINSON re-examined. I see my name to this entry in the prisoner's book of 4th Jan.—it is my signature—I do not remember whether the amount charged for postage was entered when I signed it.
THOMAS BIRCH re-examined. I see my name to this entry on the 11th—I cannot say whether the amount of postage was there at the time I signed it—my name is against Mr. Provis's parcel—I have no recollection of seeing the amount of postage charged in that instance.
Cross-examined. Q. I suppose the book was put before you and you signed your name, and away you went? A. I signed my name to the number of parcels I left—I cannot say that I looked to see what the entry was—there were thirteen parcels.
SAMUEL MARSDEN re-examined. I see my signature here to the entry on 11th Jan. of the parcel to Messrs. Bailey—I wrote that at the time; I cannot say whether the amount of the postage appeared there at the time I signed this—I have my book, which the prisoner signed (producing it).
C. J. NASH re-examined. I see a signature to this entry in Mr. Marsden's book on the 11th—I believe it to be the prisoner's writing (reads—"Six parcels delivered to W. H. Adams."
MR. ROBINSON re-examined. I have a book, which was handed up with the parcels, on 4th Jan.—I did not see any person sign it.
C. J. NASH re-examined. I see a signature to this entry on the 11th—the entry is "Five. W. H. A.;" that is in the prisoner's writing—on the 4th there is an entry of "Seven. W. H. Adams;" that is the prisoner's writing—above that are entered seven bankers' parcels, and the postage 1l. 0s. 6d.
MATTHEW PEAK . I am a constable, attached to the Post-office. I took the prisoner into custody on 20th Jan., at the Post-office—Mr. Peacock told him, in my presence, that he was charged with embezzling the postage on bankers' parcels, and directed me to take him to Bow-street—I took him there, and from thence to the Mansion House, in a cab—I found 38l. 15s. 1d. on him—as we were going along in the cab he asked me what was to be done with his money—I said it would be in my possession until I received instructions from Mr. Peacock to know how it was to be disposed of—he said, "Because I want some money to employ a solicitor"—I said, u You can do so by applying to the Lord Mayor"—he said, "I don't think it is necessary; it is a clear case, and I shall not give the office any trouble"—after being examined at the Mansion House he was remanded till the next week—I brought him to Newgate—on the way he said, "It appears this has been a long time inquiring about"—I said, "Yes, so it appears; but I know nothing about it; neither do I know how it was found out"—the prisoner said, "I can see how it was found out; I was in the country some time ago, and Mr. Nash performed my duties while I was away, and they must have seen that his takings must have been about 1l. more than mine"—he then said, "This would not have occurred if it had been in the old Presidents' time; for they always came into the room and examined the parcels by the book; but since the present Presidents have been appointed they have not done so"—there was an observation made by the Lord Mayor with reference to the amounts in the book, when Mr. Nash was giving his evidence, and the prisoner said Mr. Nash did not explain the amounts correctly—he said that to me; it was all in a running conversation
—he said Mr. Nash did not explain the correct amounts, "because," he said, "eight ounces is considered nine, because we don't write the word exceed eight ounces; if it exceeds eight ounces, it is nine"—he said, "With reference to the thirty-one ounces, where there is only one, that was a mistake; I intended to make it twelve"—I was not examined before the Magistrate.
Cross-examined. Q. Then this is the first time you have given this evidence in Court? A. It is; I appeared before the Lord Mayor, but did not give evidence; no deposition of mine was taken—I have not been on terms of personal intimacy with the prisoner—this running conversation took place in coming from the Mansion House and going to Newgate, and from Bowstreet to the Mansion House—I have stated what he told me—I have been a witness in 141 Post-office cases—I do not remember anything happening to me when Sir Frederick Thesiger was Attorney-General; there was no remark made—it was some representation of yours to the Jury, but they did not believe it—I do not remember Sir Frederick Thesiger telling me to stand down, and saying he would not act on such evidence—I never had a censure passed upon me—I will not swear it was not said; as far as my knowledge goes, I am quite certain it did not happen—I did not make any memorandum of this running conversation—I explained to Mr. Peacock what the Prisoner said on each occasion, as was my duty—I did not state before the Lord Mayor that I could prove this
MR. CLARKSON. Q. Was the solicitor of the Post-office there as well as you? A. Yes—no part of this conversation was after the prisoner's committal—I have been a constable of the Post-office sixteen years, and without any complaints—as to what Mr. Payne says, it is what he stated to the Jury; he has a general propensity to run down a witness; I have heard you tell him so.
(Richard Williams, warehouseman, of Friday-street; James Norris, market gardener, of Isleworth; and Edward Healey, wine and spirit merchant, of Islington, deposed to the prisoner's good character.)
GUILTY. Aged 44.—Recommended to mercy by the Jury, on account of his previous good character. — Transported for Fifteen Years. (There were two other indictments against the prisoner.)
Before Mr. Baron Martin.
275. JOHN WILSON , feloniously uttering a forged 5l. Bank of England note, and MARGARET THOMPSON , feloniously harbouring and maintaining the said John Wilson, well knowing him to have committed the said felony.
MESSRS. CLARKSON and BAYLEY conducted the Prosecution.
WILLIAM ADAMS . I am barman, at the Britannia public house, at Limehouse, kept by Mr. Thomey. On 29th Dec, between 4 and 5 o'clock, in the afternoon, three men and a woman came there—the prisoners were two of them—the male prisoner called for a quartern of gin, and a glass of noyean—the female prisoner took a white pocket handkerchief and wiped his coat down, as it was raining—she separated from the men; went and sat down at the bottom of the room, and called for 2d. worth more gin—one of the men left the male prisoner, and went to the woman—there were then two at the top, and two at the bottom of the counter—the male prisoner then went down to where the woman was, and asked me what the best whisky was a quart—I told him, and he said he would take a pint—I served him with it, and he said, "Put a pint of the best gin in a bottle"—I did so, and altogether it amounted to 4s. 6d.—he tendered me a 5l. note, which he took out of a small pocket book—I looked
at it, and not liking the appearance of it I took it to my master, in the bar parlour—he said it was a bad one—he came to the counter and asked the male prisoner where he got it from—he said he got it in change of a ten—my master asked him where—he said, "At an hotel"—he was asked what hotel—he said he had been spreeing about and had just come from New York, and bad got between 50l. and 60l. at the hotel—by my master's desire I fetched two policemen, who were passing the front door, and while I was speaking my master ran out, and caught the man just by where I was standing with the policemen—he told the policemen that that was the man that had offered him the note and he was brought into the passage, and eventually given into custody—I am positive that the note I received from the prisoner was the one I gave to my master.
Wilson. Q. Did I pay you for the quartern of gin and glass of noyeau I had when I came in? A. Yes; I cannot recollect exactly in what coin you paid me; I do not know whether it was half a crown, but if you gave me any silver I gave you the right change; you were three quarters of an hour I should think in the house, before you offered me the note; you came into the house between 4 and 5 o'clock; you were not drinking there till a quarter to 8 o'clock; you were given in charge at half past 5 o'clock; before you offered the note, you spent 8d. and the woman spent 6d.; the whisky and gin are not paid for yet; you did not spend 6s. before you offered the note; the man with you, the sailor, drank the noyeau; he went down to where the woman was sitting; I took the money for the gin he had; I do not know who paid it; I took it from the counter; there was no Change; it was paid in copper; I did not tell you the note was bad; I took it to my master; I was not away ten minutes; you did not tell me I had been a long time; you went out at the front door, and my master at the private door; I have never said you were there from 4 o'clock to 8 o'clock.
GEORGE THOMEY . I am landlord of the Britannia public-house, Lime house. On Wednesday, 29th Dec, between 5 and 6 o'clock in the afternoon, my barman brought me a note into the bar, purporting to be a Bank of England note—I examined it, came to the bar, and saw the prisoner Wilson there (I am not a native of England)—I asked him where he got the note from—he said he brought it from his hotel, he had changed it for a ten, and had spent all the money, and only had this 5l. left—I asked him where he came from, and he told me New York—I asked him about the hotel—he could not tell what hotel it was, or where it was—he said he was out for a spree, and spent all the money, and that was all he had left—I asked him where he lived—he said anywhere, wherever he could—I said it was a bad note—he said, "If it is a bad note, I had it out of change for a 10l. note," and said to my barman," Let me look at the note?"—I said, "When you tell me your name, and where you got it from, then I might let you look"—I told the young man, in his hearing, to fetch a policeman—Wilson said, "I will see you d—d first," or some such expression, "I will go and fetch one," and turned to go out—he went out at the middle door—I went as fast as I could out of the other door, took hold of him just as he came on to the pavement, and pointed him out to a policeman, and poked him into the passage—up to this time I had not seen the female prisoner—the policeman, Wilson, and myself then went into the coffee room—we searched Wilson, but only found a purse and a knife—the female prisoner then came into the coffee room, sat down, and asked for a cup of coffee—we do not allow females in the coffee room—I ordered her out of the house, and she left—I gave Wilson into custody with the note.
Wilson. Q. Did not I walk round to meet you when you walked round the bar, instead of trying to get away? A. There are two doors, and you took the wrong turning, and did not think to meet me—I did not show the note to my mistress, she was not down—she did not take another note out of her pocket, and compare the two—I did not show it to any woman—I took it to a pawnbroker's with one policeman, while the other took care of you in the coffee room—the pawnbroker said it was a bad note, and the policeman took it—I did not have it in my possession again—it remained at the station—I had it in my hand there, but never had it again to keep.
Thompson. I do not recollect being in his coffee room.
----SYLVESTER (policeman, A 441). On 29th Dec, between 5 and 6 o'clock in the evening, Mr. Thomas; gave Wilson into my charge, with this note (produced)—I know it by the initials, and by the name of Thompson and of Davies written on the back—I noticed that at the time—I kept possession of the note, and left it with the sergeant on duty—I took Wilson towards the station—the female prisoner followed him, caught hold of his arm, and said if we locked him up, she would be locked up too—Wilson said, "Get away from me, you b—y w—e, if it was not for you and your pals persuading me to do this, I should not have been in this trouble now"—when we were opposite Poplar Church, he threw me on my back on the ground, and stuck his knees in my throat and his feet in my chest, and kicked me several times—he escaped, and Martin, K 441, who was following behind me, pursued and apprehended him at a distance of 300 or 400 yards—we took him to the station, and he was locked up—I searched him at the coffee house, and found a duplicate of a pair of trowsers on him—next morning I saw the female prisoner at the Thames police court, in custody of a constable, charged with being drunk—she was discharged, and was then taken into custody again.
Wilson. Q. When you took me into custody, did not you ask me where I had the note from? A. Yes; you told me you had been drinking about on the spree—I asked you if you knew it was a bad one—you said "No"—you said you had come from New Orleans—I asked you how much money you had when you came home—you did not tell me you had 56l.—you did not tell me you landed at Hull—besides the duplicate, I found on you a few halfpence and a pocket book—I did not see the mistress of the house come out, take a note out of her pocket book, and show the difference between the had note and the good one, with a sovereign wrapped up in the middle of the good one, nor did I say there was a material difference—as we went along, I told the other policeman to keep the female prisoner from you—I did not get my hand into your handkerchief, and say, "You b—r, I will show you how to fasten your collar"—I did put my hand in your handkerchief after you made your escape—I did not say," You b—r, I will show you how to pass bad money"—the squabble between you and me was caused by your trying to get away—you struck me, and kicked my heels from under me—I did not strike you with a stick—we both fell together—I pulled you down on me.
GEORGE MARTIN (policeman, K 441). On Wednesday night, 29th Dec., about 6 o'clock, I saw Sylvester, with Wilson in his custody, going in the direction of Poplar station—I followed about live or six yards behind, and saw the female prisoner go up and catch hold of Wilson's arm—she whispered something to him, which I could not hear, and I told her I could not allow her to do that—she followed a short distance behind with me—it
was a mile, within a very few yards from where I first saw her with Wilson, to the station—she followed over three quarters of a mile, during which time she went up to the male prisoner again, and he shoved her away, and said something to her—Sylvester had hold of him at that time—I afterwards saw him look round towards me and the female prisoner, who was following behind; upon which she dropped her victorine from her neck—I picked it up, and she asked me to tie it on for her, which I did—she got a few yards further, and said her boot lace was untied, and asked if I would be kind enough to tie it for her: she put her foot up on the railings of Poplar Church; I stooped down to tie it, but told her she had better tie it herself—as I said that I heard a hallooing noise from the other constable and Wilson, and before I could reach them Wilson had escaped—I left the female, and ran after him for about ten minutes, and overtook him in Kirby-street, Poplar, over a quarter of a mile from the Church—I had my staff in my hand, and he said, "Don't strike me, I will go quietly with you; if you had done as I have, you would try to get away the same as I have done"—Sylvester and Mr. Thomey came up at that time—at the station Wilson gave the name of John Williams; he was asked where he lived, and he said, "Anywhere"—on the following morning he was taken to the Thames police court, and while I was there with him, I saw the female prisoner there in custody on a charge of being drunk; I told Mr. Thomey, and he gave her in charge for this transaction—I told her she was charged with being concerned with a man in uttering a forged 5l. note; she said, "What me! I have no notes about me; I was out all day drinking yesterday"—she asked if she might be allowed to see the man she was charged with; I told her she would, after she was searched—I did not search her—there was nothing found on her relating to this charge—I took her into the waiting room, where the male prisoner was with a constable; she said she had never seen him before.
Wilson. Q. What time did you take the female prisoner into custody? A. It might be 11 o'clock, or more; she was not drunk—it was a few minutes past 6 o'clock when I took you—I did not strike you on the side of the head, or anywhere.
COURT. Q. Was Thompson at all intoxicated when she was walking along the night before? A. She had been drinking.
REBECCA. HOULTON . I live at No. 147, Royal Mint-street, and let lodgings—I know both the prisoners; Thompson has lodged with me about a twelvemonth last May, and Wilson six or seven weeks; but I never knew his name, we always used to call him Mr. Navvy—Thompson had apartments to herself.
Wilson. Q. Was it a month I was in your house? A. I cannot say how many weeks it was, but I think you came some time in Nov.—I know that you were drinking the next week, and I knew you to have a good bit of money—you paid me every night before you went to bed—you were extremely drunk one night, and I took care of your pocket book—you asked me for the money the next morning—I went out with you, and got half a sovereign and two half crowns, which Mrs. Keeley had—you were drinking the next day, and the morning after that you asked me for some money, and I told you to take a sovereign out of the book; but I do not know what you took—I asked you how you were getting through your money so fast—I gave the book into your possession before Christmas—I think you had some drink before you left my house on the morning in question—I did not see you bring a bottle of drink into my kitchen—you had something in
a jug on Christmas-eve—you slept in a four bedded room there were four men in the room.
MR. CLARKSON. Q. In what name did the prisoner come to you? A. He never told me his name; you cannot tell people's names when they come and ask for a night's lodging—he had a bed to himself, and there were three other beds in the room—that was the case all the time he was at my house; I never knew anything to the contrary.
WILLIAM LATIMER . I live at No. 1, Royal Mint-street. I knew the male prisoner by the name of John Clark, but Mr. Navvy was the name he was occasionally called by—that is an abbreviation of the word navigator, an excavator.
Wilson. Q. Did I ever tell you my name? A. Yes; I told you I did not know what name to address you by, and you said your name was John Clark—I heard you called by the name of John occasionally.
PHILIP CRELIN . I am out-fitter, of No. 128, St. George's-street, St. George's in the East. On 8th Sept., between 7 and 8 o'clock in the evening, a man came to my shop—I am not able to say whether Wilson is the man—I am short sighted—I sold him one dozen shirts, for 335.—he gave me a piece of paper, purporting to be a 5l. note; I gave him change, took the note into the counting-house, and laid it on the table—after he was gone, I went to fold it up, and thought the paper did not feel exactly like what I had been accustomed to, and I put it by very carefully—this is it (produced)—I know it, because I wrote my name and address on it, and then took it to the Bank of England—I received it back, stamped, as it is now—this blue writing was on it when I took it. Wilson. I never saw the man in my life.
FLETCHER PAPE . I am foreman to the last witness. On 8th Sept. a person, whom I believe to be the prisoner, came and asked to look at some shirts—I saw him lay something down on the counter, which bad the appearance of a 5l. note, but I was on the opposite side of the shop—six weeks or two months afterwards I went to Newgate, for the purpose of recognizing the man who passed the note—I saw ten prisoners brought out into the yard, and I recognized the last one in the file, as they were marched round the yard—it was the male prisoner.
Wilson. I never saw the man, and never had a dozen shirts in my possession. Witness. It may have been about four months afterwards that I saw the prisoner in Newgate; it is about a fortnight since.
WILLIAM WYBURG . I am one of the inspectors of notes to the Bank of England. This note first produced is a forgery in all respects, paper and print, and it wants the water mark—this other note is also forged; it is not Bank paper, and there is no water mark, only the imitation of one—they are both from the same plate.
COURT. Q. But one note is headed "London, 1852," and the other is, "Leicester, June 21, 1852?" A. The "Leicester" is placed lower down than the "London," but the copperplate engraving is the same; if you place the two notes together, you will see that all the engraving comes on the same line, and there is space enough for "London," "Leicester," or "Manchester," to be put before—a note at the Bank of England is made from one plate, and "London," "Leicester," or whatever place it is, is put in in the type afterwards.
Wilson's Defence. My master went to Australia, and I went across to New York, and went into Mr. Burns's office; he gave me 10l. in notes, and the remainder in gold and silver, amounting to 56l.; I came over here, and
landed in Hull on 28th Oct.; I went spreeing and drinking about; I came up to London, and met a policeman on Tower-hill, who directed me to Mrs. Houlton's; one night I got drunk there, and she came out and took my money away from me; I have worked hard for my living, and know no more about making a note than a child.
Thompson's Defence. I know nothing at all about the note.
WILSON— GUILTY . Aged 31.— Transported for Fifteen Years.
THOMPSON— NOT GUILTY .
Before Mr. Justice Cresswell
276. GEORGE DAVIDSON MOFFATT , feloniously forging and uttering an order for payment of 142l. 5s. 1d., with intent to defraud; also, feloniously forging and uttering an order for payment of 73l., with intent to defraud: to both which he pleaded
GUILTY . Aged 22.— Transported for Fifteen Years. ( MR. PARRY , for the prisoner, stated that in atonement for the crime, he had given up the whole of his property, which when sold would amount to 50l. or 60l.)
MESSRS. BALLANTINE and COCKLE conducted the Prosecution.
MARTIN WILLIAMS . I am a carpenter, living at No. 9, Byde's-place, Shoreditch. I have three rooms there upstairs; one of them is my kitchen—on a Saturday night, somewhere about 11th Dec, I was at home between 11 and 12 o'clock—there is a shop door and a front door—the external door was fastened on its spring, but was not locked; it could not be opened without a pick-lock key being used—it is a common street door lock; a drawback we generally term it—I heard a noise at the door, and in two or three minutes, as I was sitting by the fire, I saw the prisoner standing in the middle of the room; I said, "Who are you?" he said, "You know me well enough;" I said, "I don't recollect ever seeing you before in my life; what do you want?"—he said, "Your money"—I believe I said, "I have got none"—I did not like his appearance, and got up from my chair, intending to call the police, or to make a noise of some sort, and he seized me by my wrist—I had a knife in my hand—we had a little struggle, and he got the knife out of my hand—we still struggled together through a passage, but still not a word was spoken by either of us—I intended to shut him in, but he was too quick for me, and seized me by my handkerchief—I broke a pane of glass in the window, and called out police!" as well as I could speak—I never left go of him till he was taken by the police—in the course of the struggle we got into my kitchen; while we were there I called out "Police!" and he put his hand over my mouth, to stop me from making a noise; I wanted to get to another part of the room, to make my neighbours hear, and he laid his hand on my mouth again—after that I got to the window again, broke two more panes of glass, and called out again—a policeman came into the room, with two more persons, and took the prisoner—in the course of the struggle he grabbed me by the ear, and I felt something on the left side of my neck, but I could not say anything, as I was game, and pretty well mashed—it was a sensation of pain; and before the police came I felt more pain—it bled; you can come and feel it, if you like—I went from the station to the London Hospital.
Cross-examined by MR. PARRY. Q. You have been examined before about this matter? A. At Worship-street—I think I have told you pretty nearly all that happened, all that I can remember—I knew nothing of the prisoner before, to my knowledge—I have omitted nothing important that happened that is of any advantage to him; I have stated the truth, and you can ask me any questions you think proper—after the knife was taken from me, when I was going to shut the door, the prisoner sprang forward, and grabbed me by my neck handkerchief, and I believe I received a wound in my neck; and I went through the passage to the kitchen, and screamed, "Murder;" and the gentleman tumbled down, or I tripped him up, or something of the sort; he fell on his face, and I kept him there till the policeman came—nothing of this sort has happened to me before; I have omitted nothing else; oh yes, I told you the prisoner said he wanted my money; he said there were three or four more downstairs with pistols, but that is no good to the prisoner—I have been drinking to-day, but not all the morning—I have been taking some coffee, or it might be chicory for what I know—I am a carpenter, and want some beer; I have had as much as I thought proper this morning—I do not take spirits or rum when I come to a Court of Justice—I had been about a quarter of an hour in my room when the prisoner came up—I had not, to my knowledge, seen him in the court that night; and as to striking him there, how could I strike a man without seeing him?—I struck no one that day or night, nothing of the sort; that I swear—I believe it was my own knife with which I was wounded, but I did not see him strike the blow—I was just cooking an onion on the knife, for my supper—I had a candle—no one but myself lives in the rooms—other people lodge in the house—there are several houses in the court—it is not a narrow court—I have not had occasion to complain of people committing a nuisance against my door, but I should not like to catch them at it—I never have caught them, and I never complained of it in my life—I had not struck any one for committing a nuisance against my door that night; nothing was done—I dare say that I was perfectly sober on this night; quite as much, I assure you, as I am now—I have had more to-day than I had had then.
JOHN MAY (policeman, H 113). On Saturday night, 11th Dec, I was on duty in Bydes-place, Shoreditch, and between 11 and 12 o'clock heard a noise of a window breaking, and heard cries of "Murder!" from the prisoner's kitchen, which looks into the street—I and a person named Smith went to the front door, and found it fastened—we went round to the shop door, burst it open, and went up a ladder into the prosecutor's room, and saw the prisoner and prosecutor lying on the floor struggling—the prisoner was undermost—there was blood on the floor, and a great deal on the prosecutor's head—I did not notice his neck—there was blood on the prisoner's hands—I assisted the prosecutor to get up, and Smith took the prisoner up—the prisoner said, "Where is my hat?" he had lost it in the struggle—the prosecutor was quite sober—I took the prisoner down to the front door—it was bolted, and the chain was up—I took the prisoner to the station, the prosecutor going with me and preferring a charge, and I afterwards accompanied him to the London Hospital—I found this knife (produced) on the floor of the room, bent as it is now.
Cross-examined. Q. Is that the prosecutor's knife? A. Yes—when I went in the prosecutor said, "Hold him tight! hold him tight! don't let him go"—I did not see the knife in the hands of either of them—I cannot say whether the prisoner's hands were cut—I do not believe he had received a
stab through his coat—if it is sown up it must have been torn in the prison—I saw that it was torn down the side—on searching the prisoner I found 4s. 6d. in silver, and a pocket book, but no pistol, or anything of that kind.
JAMES SMITH . I accompanied May, and saw him lift Williams from the floor—I afterwards lifted the prisoner up—he wrestled with me—we could not get him away from the staircase—we took him to the station.
Cross-examined. Q. Did you notice any cuts on the prisoner's hands? A. No.
THOMAS BELL . I am house surgeon at the London Hospital. On Saturday morning, 12th Dec, Williams was brought there about half past 12 o'clock—he had two incisions, one on the top of the head, about an inch long, down to the bone, and another on the left side of the back of the neck, about an inch and a half long and an inch and three quarters deep, extending very near to the carotid gland—such a knife as this would inflict them, but I should think it was straight at the time, but it is impossible to say—the wound at the back of the neck was dangerous—he remained in the hospital a week, and was then discharged, but not cured.
COURT to MARTIN WILLIAMS. Q. Where does the ladder lead to? A. From the shop up into the kitchen—there is a staircase besides.
(The prisoner received a good character).
GUILTY of unlawfully wounding. Aged 21.— Confined Nine Months.
(There was another indictment against the prisoner for the burglary).
NEW COURT.—Wednesday, Feb. 2nd, 1853.
PRESENT—Mr. RECORDER; Mr. Ald. FINNIS; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Fifth Jury.
GUILTY. Aged 33.—Recommended to mercy. — Confined Six Months.
GUILTY . Aged 30.— Transported for Seven Years.
GUILTY . Aged 29.—He received a good character.— Confined Three Months.
GUILTY . Aged 24.— Transported for Ten Years.
MR. RYLAND conducted the Prosecution.
9 o'clock, or a quarter to 10; I saw the two prisoners carrying the prosecutor, or rather dragging him along—one was on each side of him—one had hold of each arm, and directly they got opposite my door, they threw him down on his head—the prisoner Atkinson snatched his watch from his pocket, and they both instantly ran off; I ran after them—they both ran in the same direction—I followed Atkinson for about 150 yards, the constable took him—I pointed him out to the constable, and told the constable that he had knocked a man down and robbed him of his watch—I said that in Atkinson's presence—I saw no more of Goddard that night—I went back to the man whom I had seen knocked down—I had not known the prosecutor before—he was rather the worse for liquor—he was not on the ground when I went back, he was when I left him; but when I went back, some one had picked him up—I observed his watch guard was hanging about him.
Goddard. I was not with this man at all; there was another man given into custody, and he swore he was the man. Witness. No; there was a man taken on the Monday evening; I went and I said that was not the man.
Goddard. I was looking in the fire when he came in, and he said as soon as he came in that I was the man, before he saw my face.
THOMAS RELIN . On the evening of Friday, 7th Jan., I happened to be in Princes-street, near Port man-square, about a quarter before 10 o'clock—I saw Atkinson and another man knock Mr. Cole down, and they ran away—I did not pursue them—I had not known Atkinson before—I am sure it was him—I was about 100 yards from him—I saw his face—he turned round, and there was a lamp; I could swear to a man at that distance that I never saw before.
COURT. Q. How much is 100 yards? A. As far as across this Court.
ROBERT DOBLE (policeman, D 237). On the evening when this matter occurred, I was in Salisbury-street, which leads out of Princes-street; I heard a cry of "Stop thief!" and saw the two prisoners running away; I pursued Atkinson, and took him—the other prisoner turned in a different direction—as soon as I took Atkinson, he said, "I have not got it"—I had not then said anything to him about what it was for, I did not know—at that time Day came up, and said that he and another man had knocked a man down, and robbed him of a watch.
JOHN COLE . I am a French polisher, and live in John-street, Portlandtown. On the evening of 7th Jan., I had a watch in my pocket; I know I had it safe when these persons came up to me, and threw me down—I had it when they were with me—I had been to a party that evening, and was going home, and these persons saw my chain hanging down, and one of them pushed me further from the pavement, and took my watch, and left the chain hanging down—the policeman has got the chain now—I was insensible when the policeman took me up—I was aware I lost it at the time; I was not so far gone as that.
Goddard. He said he saw his watch about a quarter to 8 o'clock. Witness. No; I had it at 8 o'clock, and I might have had it at past 8 o'clock; I know I had it in my pocket, and the chain was banging down—if I had put it in, this would not have happened—I cannot swear to the men.
JOSEPH LACK (policeman, D 156). On 12th Jan., I took Goddard—I had heard of this robbery, but I could not find him before—I said to him, "I want you for being concerned with Atkinson in robbing a man of his watch, last Friday evening"—he said, "I know nothing about it; I was not with Atkinson that night at all"—he said he was at work—he did not say where
—I had seen him and Atkinson together, on the night of 7th Jan., in Churchstreet, Portman-market, between 6 and 7 o'clock, which is about 150 or 200 yards from where this robbery occurred.
COURT. Q. Had you known Goddard before? A. I knew both the prisoners well—I have known Goddard about two years, and Atkinson about the same time—I cannot be mistaken about having seen them that night.
BENJAMIN EASON (policeman, A 352). On the evening of 7th Jan., I was on duty in Salisbury-street, which runs through Princes-street, about a quarter to 10 o'clock—I saw the prisoners running along—they came out of Princes-street, and turned down Salisbury-street—Goddard was the first of the two—I had seen them about 8 o'clock that evening, or a few minutes past 8 o'clock, at the corner of Princes-street, in Salisbury-street.
COURT. Q. How long had you known them? A. I had known them by sight eighteen months—I am quite sure that these were the men—I pursued Goddard, but I was stopped by several women, and before I could recover myself he turned into some house in Paul-street.
Atkinson's Defence. I was standing at the corner of a street, about a quarter to 10 o'clock, and the constable and the witness came round, and the witness said, "That is one of them;" the constable caught hold of me; I asked him what he wanted; the witness said, "He knocked a man down, and stole his watch;" I said, "I have got no watch;" he took me back, and there was the man with a mob round him; the prosecutor was so drunk that they fetched a stretcher to carry him to the station.
Goddard's Defence. I was standing in the street last Wednesday, and the policeman came and said he wanted me for being with Atkinson, and stealing a watch; I said I knew nothing about it; he had seen me two or three times before that; he went in a public house, and was looking through the window; I was at work with ray father at a greengrocer's shop, David Dickinson's.
ATKINSON— GUILTY . *† Aged 21.— Transported for Ten Years.
GODDARD— GUILTY. † Aged 19.— Confined Twelve Months.
MR. PAYNE conducted the Prosecution.
JAMES WADDEN . I live in Greenman-cottages, Old Kent-road, and am a hairdresser. On Thursday, 13th Jan., I was in Angel-court, Little Bellalley, Coleman-street, about 12 o'clock at night—I went into the Angel public-house to have a glass of ginger beer—the prisoner followed me in, and asked what I was going to treat her with—(I had not seen her in the court before I went in)—I said, "Go along"—she said, "No; give me a drop of gin"—I said, "Well, if that is all you want I will give you a drop," and I did—I called for half a quartern of gin, and I paid for it—in a few minutes after she drank the gin she walked out—I do not suppose she was in the house three minutes—there was a gas light in the house—I was standing at the bar, and she was close by the side of me—I had an opportunity of seeing her—she came out of the house, and I came out not two minutes after she left—I did not go out immediately with her—when I got out in the court I saw her again—she stopped me a few yards from the door, and she struck me suddenly
in the stomach with her right hand, and snatched my watch and chain from my trowsers pocket with her left hand—the chain was not round my neck at that time—I had taken it off my neck and put the watch and chain in the fob pocket of my trowsers—there was no chain hanging out that I am aware of, but I suspect there must have been, or she would not have known it—it was a silver watch with a gold chain, and was worth 7l.—after she took the watch she made off to Little Bell-alley, and I made alter her, but there are so many turnings and courts that I could not find her—from that time I had been looking for her every day except Sunday, almost day and night—on Thursday 20th Jan., I went out and about 10 minutes before 7 o'clock in the evening I was at the Royal Exchange, and saw her by the statue, with a female—the prisoner is the person who struck me, and took the watch—I gave her into custody of the police—I have not the slightest doubt that she is the person.
Cross-examined by MR. DEARSLEY. Q. What time were you in the Angel? A. About 12 o'clock; about the closing time—there were two females there behind the bar, and the landlord was standing there, and there were two strange men besides the prisoner—I did not observe any more—I would not undertake to swear there were no more—there were no other females but those behind the bar—I was coming from a friend's, where I had a glass of grog—I cannot say how many glasses I bad had with my friend—I had not had half a dozen—I had not had above three or four in the course of the evening—when I came out of the public house, I proceeded a few yards—there was a light in the public house—I believe there was a light outside in the alley—I will not swear whether there was a gas lamp or not—I will not swear whether there is any light, I did not take particular notice—the place was not so very dark but that I could see a person close to me—it was moonlight or starlight; that was the only light—I would not swear what bonnet the girl had on when she was in the public house—I will not swear what kind of dress she had on—I took no notice of her dress—I will not swear whether she had a shawl on, or a cloak, or a mantle.
Q. All you swear to is, that when she asked you for gin, andyougave her the 2d., she had the gin, and when she had had it she went straight away? A. Yes; straight out of the public house—not straight away, because she laid wait for me, and when I came out I was attacked in this way—when I saw the person by the Royal Exchange, I gave her into custody as soon as I could get the constable close—I did say I should like to hear her voice; I had no doubt at all in my mind in the first instance—I said to her I should like to hear her voice and then she spoke, and said she was not the girl—I had not charged her—I went up to her and the other female—the other female spoke to me first, and this female turned round and walked away—she walked from her friend, and I walked after her—the other female asked me where I was going, and I replied, "I do not know"—she did not ask me to go home with her—I had never seen the prisoner before the night of the robbery—I called a policeman immediately when I was robbed—I ran up a court—the policeman was standing in the court, and he came running down.
MR. PAYNE. Q. You had had three or four glasses of grog, but were you sober? A. Yes; I had had a glass or two of liquor; I knew what I was about—I mean, I felt as if I had had a glass or two of liquor—I had not had too much—the prisoner might be with me a minute or a minute and a half, or two minutes in the public house.
—she was searched at the station—a purse and a piece of lace were found on her, but nothing connected with this watch—she said she was married but after the charge was booked against her the inspector came to her, and she said she was single—the prosecutor gave her in charge to me at the Royal Exchange.
Cross-examined. Q. She gave her address? A. Yes—I went there, and it was correct—there were forty-three duplicates found there—there was one of a gold watch, one of a silver watch, but nothing relating to this watch.
NOT GUILTY .
MESSRS. BODKIN and POLAND conducted the Prosecution.
JAMES BRANNAN (police-inspector). On Friday, 24th Dec, I went to No. 32, Clerkenwell-green, about 11 o'clock in the forenoon, accompanied by three officers—I went to the third floor front room—the room door was locked; Nevill broke it open, and he and I rushed in—the other two officers followed immediately—when I got in, Thomas Munns rose up from a table, at which he had been sitting—he seized Nevill by the coat, and resisted most violently—the other two prisoners and two or three children were in the room—at that time, I saw the two female prisoners, who were also sitting at the table, throw the things in all directions over the floor—there was a mould, a pair of scissors, and several other things that I saw that I did not pick up—they did not relate to this case, such as a basin and saucers—at that time Evans seized Eliza Munns, and Maskell seized Esther Munns—in the struggle, I saw Eliza Munns drop this sixpence, with plaster of Paris sticking to it, which was wet—it is a good one, and I believe she left her grasp of the officer's arm, where the mark is still perceptible—at that time, Nevill overpowered Thomas Munns, and threw him on a bed in the room, and I proceeded to search behind a little glass case which stood on the mantelshelf broken, where I found this half of a mould, which has on it the head half of a sixpence; and on the hearth, near the fireplace, I found the other half of the mould, which both put together form the mould for a sixpence—while I was so engaged, Thomas Munns called me by name; he said, "Mr. Brannan, I will not resist any more; you have got all you want, you have got me to rights; don't hurt my wife, my children know nothing about it; if you will come here, you will find a few sixpences in this drawer"—the drawer in question was in an old chest of drawers, near the bed where he laid—I proceeded to it, and in it I found nine counterfeit sixpences, which I produce—they are in an unfinished state—I returned to the table, and on the table I found three more counterfeit sixpences, two shillings, and three files, with white metal in their teeth; and on the hearth, near the fireplace, this ladle (produced), with a small portion of metal in it, hot, but not in a state of fusion—in a cupboard in the room I found some bluestone and silver sandon a temporary shelf, close to the mantelshelf, I found a galvanic battery charged with acid, which I produce—when I went into the room, I saw Mrs. Munns dip her hand into a basin of water, and in that hand I found this portion of plaster of Paris, in a soft state.
Cross-examined by MR. J. W. PAYNE. Q. When you went into the house the street door was open? A. It was—the room door was broken in through a mistake on the part of the officer—the bolt of the door was sprung; I could not tell whether it was shot out by the breaking of the door, I could not see the inside—I was not in my police dress—I had not asked Thomas Munns
any questions before he recognised me—there was no time for that—neither of the officers were in the police dress—I and Nevill went into the room together—both of the women were sitting at the far side of the table from the door, and the man was sitting at the side nearer the door; all apparently engaged at the table—the man was sitting with his back towards me—the chest of drawers were inside the door, close to a bed—Mrs. Munns put her hand into some water, and in that hand was some plaster of Paris and a sixpence, which was dropped into the water—I saw her hand before it was put in the water—she had something in her hand, which I could see, through the joints of her fingers, it appeared white—the man said, "Don't hurt my wife; the children know nothing about it."
JAMES NEVILL (policeman, G 152). I accompanied Brannan to the room—I forced the door open by two blows—there was something which resisted—I did not notice the fastenings of the door when I got in—on my going in the male prisoner seized me, and resisted violently till I overpowered him and threw him on the bed—he called to Mr. Brannan, and said, "You have got me to rights, I will not resist any more"—there was a good deal of confusion in the room.
Cross-examined. Q. Was there a boy there, Henry Munns? A. There was a boy there, I do not know his Christian name—I did not hear him say anything—he was taken and discharged—I did not notice the man saying anything about his wife and children.
THOMAS EVANS (policeman, G 145). I went with the inspector and the other officers to the prisoner's room—I saw the woman turning from the table towards the mantelpiece—she knocked down several pictures and things that were on the mantelpiece—she succeeded in knocking down several things; I went up and laid hold of her—I noticed one of her hands was covered with white plaster of Paris, which was wet—while I was with her I went towards the window—I heard the man ask her, "Have they got them both?"—she said, "Yes"—I did not hear what answer he made—the officers had then taken possession of most of these things—I found a counterfeit sixpence on the mantel piece, which I produce—I found a counterfeit sixpence on the drawers; and in the ashes, under the grate, I found a piece of metal.
Cross-examined. Q. You went expecting to find something there? A. Yes
WILLIAM HENRY MASKELL (policeman, A 403). I accompanied the other officers to the prisoner's lodging—I saw the two female prisoners knocking the things off the table on to the floor—I saw the woman rise towards the mantel piece, and she was immediately taken into custody by Evans—I took hold of the younger female, and I had some difficulty in taking her from the table to the other end of the room—I then perceived that her right hand was closed—I asked her what she had—she said she had nothing—I forced her hand open, and found in it a counterfeit shilling, which I produce.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. This is a perfect mould, and nine or ten of these sixpences have been cast from it—here is a good sixpence, with plaster of Paris on it; they were then forming another mould from it—it is also a pattern of this mould—these files are such tools as are used for filing off the get—this plaster of Paris has been in water; it is the material of which the moulds are composed—this battery is used for the purpose of electro-plating the coins when made—this metal is the same as that of which the coins are cast—this ladle has been used for the purpose of melting the metal, and some of the same metal is in it—these
shillings are counterfeit, and from one mould—this silver sand is used in coining.
THOMAS MUNNS— GUILTY . Aged 41.— Transported for Ten Years.
ELIZA MUNNS—GUILTY. Aged 41.— Confined Twelve Months. ESTHER MUNNS— NOT GULTY .
REV. RICHARD MALONE . I live at No. 6, Gloucester-street, and am secretary to St. John's Parochial Poor Fund—I give written orders to poor persons for relief—Mr. Rees is one of the persons on whom I give those orders—I do not know the prisoner.
WILLIAM REES . I live in Old Pye-street, Westminster, and am a grocer and cheesemonger; I am in the habit of receiving these tickets from the poor fund—the prisoner presented this ticket on 25th Jan., about 6 o'clock in the evening, "Mr. Rees, give the bearer one shilling"—this is the usual form—it is understood to be goods to that amount—I asked the prisoner where she got it—she said from Mr. Malone—I said, "Did he give it you himself?"—she said, "No, he sent it by the servant"—I said, "I doubt its being genuine; will you have any objection to go with me to Mr. Malone?"—she said, "No"—I went for my hat, and she went out—my niece said, "She has run across the road"—I ran and called her, and asked where she got the ticket; she said a woman asked her to come for the goods—this woman had lodged in my house, and had a few words with me, and she knew that if she brought it I should not give her the goods—when the policeman came and took the prisoner she said she gave 2d. for it, and afterwards she said she knew the person from whom she had it, but she would not betray them—I have had tickets in this form before, for which I have given goods—I never give money.
Prisoner. I received it from a female in the Crown; she said she was very much distressed, and asked me to go with this, as she had had no breakfast; she said she had been to Mr. Rees, and her husband had left her; she said, if I would take the note, and get her a little tea and sugar, she would thank me; she said she had it from Mr. Malone; I said, "Did you get it from him?" she said, "No, he sent it by the servant."
GUILTY. Aged 40.—Recommended to mercy by the Prosecutor. —Confined
MR. BIRNIE conducted the Prosecution.
SARAH ROWEN . I am a widow, and live in Whitecross-street, St. Luke's—I am a hawker. On the night of 5th Jan., I was coming home—I was in East Smithfield—I sat on the step of a door for a few minutes, to tie my boot-lace—the prisoner interrupted me, and began to pull me about—I told him to go away, I did not interrupt him, and he should not interrupt me—he would not go away—I came off the step, and walked towards home—he walked by the side of me, but he walked much quicker than I did, and he got a distance before me; he then returned to me and tore my apron clean from me; and from my pocket he took my money—I had a five-shilling
piece, a half crown, and other small money I could not name—he ran for the first two or three minutes, and then walked very fast—the policeman stopped him before he was out of my sight.
Prisoner. Q. Did you not say you could not swear to me? A. I did not say any such thing; I never lost sight of you—the officer did not say he could not book the charge.
PATRICK WALSH (police-sergeant, H 28). On 5th Jan. I heard a cry of "Stop thief!" on Tower-hill, close to the Mint, near East Smithfield—I saw the prisoner walking, followed by the last witness—I stopped him, and she said in his presence, "Search that man, he has robbed me of a five shilling piece, a half crown piece, and some odd silver—she was drunk—I asked the prisoner what money he had got about him—he put his hand in his pocket, and pulled out some coppers—he said, "I have got about 8d.-worth of coppers"—I observed he had got something in his mouth; I asked him what it was—he said he had some tobacco—he threw a shilling out of his mouth on the pavement, which I picked up—I then observed he had got something else in his mouth, which he was endeavouring to swallow—I told him to take it out—he made a motion with his head and throat, as if he were endeavouring to swallow it—I took him by the throat, and squeezed him—I told him not to choke himself, but put it out—another constable came up, and did the same—I said, "Take it out of your mouth, and don't choke yourself"—he said, "If I do, you won't hurt me, will you?"—I said, "Take it out of your mouth"—and he took out with his hand a half crown piece, four shillings, some of which were counterfeit, and one sixpence—I searched him to see if he had any more—he had not any more—he said some of the money was bad—the four shillings were bad—the half crown was given to the prosecutrix by order of the Magistrate—the four shillings I gave to the Mint solicitor yesterday.
Prisoner. Q. Did not the woman say she could not swear to me? A. No; the inspector said, "I would not give much for your charge," she being drunk—another man came in drunk, to give evidence for the woman—he said he saw you do something to the woman, but he was drunk, and he was not sent as a witness.
COURT. Q. Was the woman so drunk as not to know what she was about? A. I believe she knew what she was about—she spoke intelligibly.
Prisoner. It was about half past one o'clock; I passed the woman; she kept saying," Give me my money;" I took no notice, but walked on till three policemen stopped me; they seized me, and took hold of my throat, one on each side; this is not the man at all; one of them said, "He has got something in his mouth;" and I, knowing that what I had was counterfeit coin, kept it in my mouth; they squeezed me, and I took it out; I told them every coin I had; I said, "Here is a half-crown, a sixpence, and four counterfeit shillings; the inspector would not book the charge, without she swore to me; then she swore to me; the man who came in was so drunk he could not stand.
Witness. I had my money in my pocket when I was on the step of the door, and he would come and pull me about.
The prisoner was further charged with having been before convicted,
THOMAS SMITH (City-policeman, 270). I produce a certificate of the prisoner's former conviction—(read—"Central Criminal Court, William Collier, Convicted on his own confession, Aug., 1849, for stealing a handkerchief from the person, having been before convicted; Confined one year")
—I was present; the prisoner is the man—he was convicted, in 1848, for stealing a copper from a dwelling-house.
GUILTY . Aged 28.— Transported for Ten Years.
THIRD COURT.—Wednesday, Feb. 2nd, 1853.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. CUBITT; and Mr. COMMON
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY .* Aged 52.— Confined Eighteen Months.
GUILTY. Aged 37.— Judgment respited.
JOHN GARDNER pleaded GUILTY . Aged 23.— Confined Twelve Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
SAMUEL HODGE GANNON . My father keeps a grocer's shop in Dukestreet, Lincoln's-inn-fields. On 20th Jan., about half past 11 o'clock in the morning, the female prisoner came and asked for half a pound of currants, and 1d. worth of mixed spice—my father served her, and she gave him 1s.—he looked at it, and told her it was a bad one—she said it was a good one, and my father then bent it in the detector—I then took it from my father, examined it, and found it was bad—my father then gave her back the shilling, and she said, alluding to the articles, "You need not put them away, I shall be back directly"—she then went out, and I followed her into Holborn, where she joined the male prisoner between New and Little Turnstile, and they walked away together arm in arm—I spoke to Bird, a constable, and pointed them out to him—they turned down Featherstone-buildings—I and Bird followed them to the King's-mews, King's-road, Gray's-inn-road, where the policeman spoke to the male prisoner, and he ran off as fast as be could—I did not hear what the policeman said—the male prisoner was stopped by some men at the bottom of the mews, and Bird took him—when he was stopped he threw something out of his hand, which struck me on the forehead, and fell at my feet—I picked it up—it was a leather purse, and there was a bad shilling lying on it—I gave them to Bird.
THOMAS BIRD (policeman, E 9). On 20th Jan., Gannon spoke to me in Holborn, and I and him followed the prisoners to a mews in the King's-road—they walked arm in arm—the female prisoner was taken into custody by the beadle of Bedford-row—I told the male prisoner I wanted to speak to him—I went to take hold of him, and he ran away down the mews, where he was stopped by some stable keepers—I immediately took hold of his right hand, in which he had this purse—he gave his hand a jerk, and threw the purse away, and I saw Gannon pick it up and a shilling also—I opened the purse at the station, and it contained eleven shillings, each counterfeit, and
each wrapped in a separate piece of paper—these are them (produced)—the female searcher afterwards gave me this shilling (produced).
HANNAH GREEN . I am a searcher at the station. I searched the female on 20th Jan.—after I had searched her I thought I saw something glitter in her mouth—I asked her to open her mouth, and she put her tongue out to avoid my seeing, and she then threw something out of her mouth into the water closet, which was afterwards taken out—it was a shilling—it was never out of my sight—I gave it to Bird—before she threw it away she said she had nothing about her, the man had got it all in the purse, it was no use to search her.
ELIZA GARDNER— GUILTY **† Aged 20.— Confined Eighteen Months.
ANN ALDRIDGE . My husband's name is James Aldridge. On Saturday evening, 30th Jan., I left home about 10 o'clock, and returned about half past 11 o'clock—as I was going up stairs I saw the prisoner come out of my room with a candle in her hand, and go into her own room, which is on the same floor—I had locked my room door when I went out, but about ten minutes afterwards I gave the key my little boy to come home and go to bed—I went into my room, looked about, and found the prisoner's apron at the further end of the room—I gave it to her, and asked her if it was hers—she said, "Yes"—I asked her whether she was in my room—she said she was not—I swear I saw her come out—I afterwards searched my room, and missed my husband's coat and waistcoat, a square of flannel, and several other articles, which were safe when I went out—I then went and got a policeman, and went with him into the prisoner's room—I found my little girl's frock under the prisoner's bedstead, and after the prisoner was locked up we found my husband's coat and waistcoat, the flannel, and several other articles in a pillow case—these are them (produced)—they are my husband's—when I spoke to the prisoner, she denied having been in my room, and said she had seen a person on the stairs; which the landlady, in the prisoner's presence, said was false—when I came home I found the children in bed and asleep—my eldest child is thirteen years old.
Prisoner. Q. Did not I tell you I had been knocking at your door two or three times, to tell you about who had been up? A. Yes, you said you had been to my door at three different times, but you were in the room when I came up—you said you missed a flannel shirt out of your own drawers—you turned up your bed in the policeman's presence.
FREDERICK DAVIS (City-policeman, 538). I was sent for to the last witness's house, and received the prisoner in charge—I took her to the station—the prosecutrix's husband also went to the station, and be locked the prisoner's door before we went—we then went back, and found the property produced in a pillow case in the bed—I did not find the child's clothes.
Prisoner. Q. Did I not turn my things over? A. Yes, in Mrs. Aldridge's presence, but the pillow case was not opened—it appeared like a pillow.
GUILTY . Aged 25.— Confined Six Months.
MR. O'BRIEN conducted the Prosecution.
SARAH BOURNE . I am the wife of Joseph Bourne, of No. 1, Newtonstreet, Holborn; he is the master of the house; it is in the parish of St. Giles in the Fields. On Thursday, 13th Jan., I and my husband went to bed at about 1 o'clock in the morning; we were the last persons up; the house was then safe—between 5 and 6 o'clock my husband awoke me, and went down stairs—he came back, and I went down, and found the parlour door open, which was locked when we went to bed—my husband saw that the lobby window was fastened the last thing, when we went to bed, and in the morning it was still shut, but there was a little hole in the window, where some instrument must have been put through, and lifted the catch up—in the parlour the papers and books were strewed all about the room, and all the things pulled out of their places, and the boxes turned out—I missed a brown cloth coat, a plaid shawl, a black and white shawl, a cloak, a German silver toothpick, a piece of brass, and some mutton, bacon, and cheese—these (produced) are the toothpick and piece of brass—I had had the toothpick about ten months—it was given to my little boy by an aunt, Mary Ann Hoslin—I had had both it and the piece of brass in my hand in the evening before I went to bed—there is no mark on the brass, but there are the same number of links to it—I had had it more than a year.
Cross-examined by MR. PAYNE. Q. Had you any lodgers in the house? A. Yes; they were in bed—I did not go and look, but I am certain they were—they are all married persons with families—I do not know that there are thousands of toothpicks like this—I do not know what the piece of brass is, it was given to some of my children at school.
MARY ANN HOSLIN . I know this toothpick—I had it seven or eight years, and made it a present to Mrs. Bourne's little boy, my nephew, about ten or twelve months ago—I have no doubt about its being the same.
Cross-examined. Q. You do not swear it is the same? A. Yes—it has a square top, and I know it quite well, and there are flowers on each side.
ROBERT M'KENZIE (police-inspector, F.) I received information of this robbery between 9 and 10 o'clock in the morning—I went and examined the house, and found an entry had been effected by breaking a square of glass in the staircase window, and pushing back the catch—the beading of the parlour door had been cut away with a knife, and the bolt of the lock broken with it, and an instrument, such as this hammer (produced), had been inserted between the door and the post—the staircase window looks into the yard of an adjoining public-house, No. 204, High Holborn—I went into that yard, and could trace footsteps from there up to the window, and there were nail marks on the wall and across the slates of an outhouse, which almost adjoins this window—in consequence of information I went at once, with Brown, to No. 10, Charles-street, Drury-lane, and on the second floor of that house found the prisoners and a woman—Tinnock was sitting on a chair—I directed him to dress immediately, and I saw Brown take the tooth-pick produced from the pocket of a waistcoat, which was lying on a chair close by him, which he told me was his waistcoat, and which he also put on afterwards, and the piece of brass was found on the mantel-shelf in the same room—Leslie was in bed, and Tinnock partially dressed—I directed them to dress themselves—Leslie got up and put on these boots (produced)—after taking the prisoner to the station I took these boots off him, went to the yard of No. 204, Holborn, and compared them with the marks in a puddle there, it had not been raining that night, but the marks were distinct—I made a mark with these boots beside the marks I found, compared them, and
found them to agree in every particular; I found the same number of nails in the sole, and the same number of rows of nails—I also found marks agreeing with Tinnock's shoes—there were marks of two persons in the yard—I found these lucifer matches (produced) outside the window, which was broken, four of them are burnt, and on searching the prisoners' room I found matches corresponding in colour with them—prior to leaving the prisoners' room I asked them what time they went to bed; they said about 9 o'clock—I asked the woman who was there what time the prisoners were in bed; she said she did not know—upon further searching the room I found a farthing on the mantelpiece, and another farthing in Tinnock's pocket—there were two farthings lost from the house.
Cross-examined. Q. How near were the footmarks to Mr. Bourne's house? A. No. 204 runs parallel to Mr. Bourne's—there is no yard at Mr. Bourne's—the back window at Bourne's looks into the yard of No. 204, Holborn—the footmarks were in that yard, and upon the wall there were scratches of nails, and upon the outhouse under the window—Tinnock's boots have no nails; they merely corresponded in size and shape—there were marks of them upon the roof of the outhouse, where there had been some plants planted—the coats and shawls have not been found.
MR. O'BRIEN. Q. Did Tinnock say anything about the toothpick? A. He said he got it from his sister.
JAMES BROWN (policeman, F 142). On 13th Jan. I went with M'Kenzie to No. 10, Charles-street, and found the prisoners and a woman there—I found this toothpick in the pocket of a waistcoat which was lying on a chair, and which Tinnock put on; Tinnock said the toothpick was given him by his sister—I saw the piece of brass and two farthings found—I was with M'Kenzie when he made the comparison of the boots; the impressions corresponded in every respect.
WILLIAM PICKETT (policeman, F 114). I was on duty in Newton-street, Holborn, on this night, between 3 and 4 o'clock—I saw the prisoners in company with eight or nine others at the corner of Charles-street, just at the corner of Newton-street—I ordered them away; some of them went up King-street and some up Charles-street.
Cross-examined. Q. Do you mean to distinctly say you saw these two among the number? A. Yes; I cannot say exactly which way the prisoners went—I know them well.
SAMUEL HADFORD . I am potman, at the Bell public house, which is next door to Mr. Bourne's. On 7th Jan. I saw the prisoner, and two others with him, in our back yard, from where there is a full view of Mr. Bourne's window—I was cleaning the parlour, I peeped through the curtain, and saw them looking at the prosecutor's house and the yard, examining the premises.
Cross-examined. Q. I suppose persons often go into the back yard? A. Yes; it was about half past ten o'clock in the morning.
TINNOCK— GUILTY . Aged 18.
LESLIE— GUILTY . Aged 21.
Transported for seven years.
(Policemen 42 and 142 F, stated that Leslie was a trainer of young thieves, three of whom had been transported; also, that Tinnock had been before in custody, and that he was called "The Little Wonder," because he would go through any window they could push him through.)
MESSRS. BALLANTINE and PRENDERGAST conducted the Prosecution.
JAMES DERMOTT . I am station master, at the Ashford station of the London and South Western Railway—Ashford is near Staines; I do not know what parish it is in. On Saturday night, 7th Aug. last, I locked up the station at twenty minutes to 11 o'clock; the windows were then safe—I left the clock and money all safe—next morning, about twenty minutes to 8 o'clock, I sent my son to the station—he returned and gave me some information, in consequence of which I went immediately and found that the office window had been broken open—I went in, and missed the time-piece—my ticket desk, till, and writing desk had been broken open, and I missed 14s. in silver and copper, and 1s. in copper from a bowl, all the property of the Company—I know the prisoner; he is a carpenter—about that time he was in the habit of riding by the train about twice a week from Ashford to Staines—he worked at Mr. Richardson's, a builder, at Staines.
Cross-examined by MR. GIFFARD. Q. What is the distance between Ashford and Staines by the railway? A. About a mile and a quarter.
THOMAS BENT (policeman, A 39). I went to this station on 8th Aug., and found the window had been broken big enough to admit a hand to undo the window—I found a box had been forced open with a small chisel, also the ticket case and two chests.
THOMAS RICKETTS . I am a coach smith, at Staines; I know the prisoner. About the end of Oct. I purchased a clock of him—I gave him goods and money, amounting to 3l., for it; I gave him a portable forge, a pair of bellows and anvil, and 15s.—there was only one key with it, which opened the dial—there was no key to wind it up—the prisoner said the key was with it when he had it, but another party had had it on trial before me, and they had lost the key—he said he got it from a man who kept a beer shop at Hampton, or Twickenham, or Kingston, whom he had been doing some work for; he did not mention any name—he hung it up in my shop himself—about five weeks afterwards the prisoner came again, and wanted to purchase the clock back again; he said he had bought it, but it was not right, and he had heard some bother about it—I said I had got the article, and I ought to know what the bother was, and I did not want to sell it—he then asked me to cover it over—I said I would not—he then asked me to take it up stairs, and I did not answer him—I did take it upstairs, and afterwards brought it down again and put it in the same place it had been before—on Saturday night I saw it safe at 6 or 7 o'clock, and when I came home at twenty minutes to 12 o'clock I missed it—this (produced) is it.
Cross-examined. Q. Why did you refuse to cover it over? A. I did not think I had any right to cover it over; I had bought it fairly—I did take it up stairs to my bedroom for a fortnight—that was at the prisoner's wish—it could be seen from the street where he placed it—I had known him for years, and knew where he lived.
MR. BALLANTINE. Q. When you took it up stairs, was it to conceal it and wait and see if he purchased it? A. He said if I would take it up stairs he would bring me the 3l.; he did not bring it, and I brought the clock down again—it was up stairs two or three days more than a fortnight.
MARY ANN RICKETTS . I am the wife of the last witness. On 8th Jan. I went to bed about 10 minutes past 11 o'clock—the clock was then safe hanging on the wall—when I had been in bed a quarter of an hour, I heard
some one come in; I thought it was my nephew, and called out to him not to lock the door—about ten minutes after that my husband came in, and the clock was missed.
JOHN THOMAS WALKER . I am a watch and clock manufacturer, at Princessquare; we supply clocks to the South Western Railway Company, and go down the line every week and repair the clocks. The pin that holds the hands on of this clock produced is broken on the inside—I remember seeing a clock of a similar appearance at the Ashford station—this clock cost 5l.; it is now worth 3l. or 3l. 10l.
Cross-examined. Q. The pin being broken is not an uncommon accident? A. It is very uncommon; I was at Ashford myself, doing the clock, and it broke off; if it had been done at our shop it would not have been left so—we supply the whole of the South Western line with clocks—there are a great many stations along the line, all having the same sort of clocks—we supply other railways also—the accident to the pin is not the only thing that confines my attention to this being the clock of the Ashford station; it also has very small eyelet holes (pointing them out)—they were complained of, and we never employed the same casemaker, except for that, the Windsor line—we have supplied about fifty clocks altogether, I should think, to the South Western Railway, and we have supplied several other railways to the whole extent of their lines.
MR. BALLIANTINE. Q. You have no doubt about this clock being your manufacture? A. No doubt whatever, and I have no doubt it was the clock supplied to the Ashford station.
GEORGE HUTCHINGS (policeman, T 141). On Saturday night, 8th Jan., shout half past 11 o'clock, I was on duty in High-street, Staines—(MR. GIFFARD objected to this witness's, evidence being received, the stealing of the clock from Ricketts' being the subject of a distinct charge. The COURT considered that any dealing with the stolen property would be evidence)—I heard some one coming in a direction from Mr. Ricketts'; he crossed over at about ten yards before he came to me—it was the prisoner—he had something on his head, covered up—he went to the Post-office window, and was rapping there—I said to him, "I dare say they are gone to bed; I cannot see any light"—I gave information to Leigh.
WALTER ROBERT LEIGH (policeman, T 7). On Saturday night, 8th Jan., I received information; in consequence of which, I went to the prisoner's house—I searched the lower part, and about a yard and a half up the chimney I found this clock, wrapped up in a piece of sack—I then went up stairs, and apprehended the prisoner, who was in bed—on the following day I took the clock to the Ashford station, and Mr. Dermott identified it—on the Monday I made a search at the prisoner's house, and found this screwdriver (produced)—I had previously examined the desk with the marks on it at the Ashford station—I have cut them out, and brought them here (produced)—in my opinion, these impressions were made by this screwdriver—it is an unusual sort of screwdriver, rounded off at the corners.
JAMES DERMOTT re-examined. There was a key to the clock, which always remained in it, to open the glass with—the key to wind it up with was behind my ticket desk; that was not taken away—this is it (producing it).
Cross-examined. Q. I suppose that key would wind any other clock the
same size? A. Yes; it would wind the common run of clocks—I should think it would wind all the South Western clocks.
COURT to WALTER ROBERT LEIGH. Q. In what parish is this station? A. In the parish of Ashford—I am a constable of the adjoining parish, and know the boundaries well.
GUILTY . Aged 32.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
OLD COURT—Thursday, Feb. 3rd, 1853.
PRESENT—Mr. JUSTICE CRESSWELL; Mr. BARON MARTIN; Sir PETER LAURIE, Knt., Ald.; Mr. CHAPMAN MARSHALL, Knt., Ald.; Sir JOHN MUSGROVE, Bart., Ald., and RUSSELL GURNEY, Esq.
Before Mr. Justice Cresswell, and the Fourth Jury.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JAMES EDE . I am a labourer. In Dec. last, I lived at No. 6, Spicerstreet—the prisoner lived at No. 15, George-street—that is the same house as I lived in—there are two entrances; it is a double house; one entrance is in George-street, and the other in Spicer-street—I knew the prisoner and his wife for about five months—on 7th Dec, between 5 o'clock and 6 o'clock, while I was in bed, I heard the deceased coming down stairs, going into the street—I was sufficiently well acquainted with their voices to know who was speaking—I heard the deceased make use of an awful expression, calling after the prisoner "a b—y image," and "Oh, you wretch," and so forth—between 8 o'clock and 9 o'clock, the same evening, I heard groans at the street door—my wife went from our room to the door—the prisoner was not there—my wife said something to the deceased—the prisoner was there then—I heard him ask his wife what was the matter with her—she replied, "You know best about that"—he said, "Get up stairs with you; I will do something to you for this to-morrow"—they then went up stairs to their room—they occupied a garret at the top of the house, not over my room, but at another part of the house—I did not see the deceased again alive.
Cross-examined by MR. SLEIGH. Q. You had known the prisoner and his wife about five months? A. Yes; they lived on very unfriendly terms—I have heard their language when they were coming down stairs—I have not heard anything occur in their room, because I lived in a different part—I have not frequently heard the deceased abuse, and make use of foul language to her husband—I was not in the habit of associating with them—they might quarrel continually, without my knowing anything about it—I was not in the habit of going into their room—I do not know that the deceased was run over by a cart, in Fleet-street, some time ago, and brought home.
ANN MERRITT . I am the wife of Joseph Merritt. I lived in the same house with the prisoner and deceased, in the room immediately under theirs—I have known them living in that room about six months—the prisoner is a jobbing butcher by trade; he used to carry meat about the streets—they lived together on very bad terms—I very often heard screams, and cries of "Murder!" from the deceased—I remember the day on which she was found dead—between 7 o'clock and 8 o'clock, that morning, I was in my own room in bed, and heard violent screams from the deceased, in their room—she was
screaming "Murder!"—the prisoner was in the room at that time—I heard his voice—he was abusing her, and swearing—calling her "a b—mare," and "a—blind b—"—I think she was partially blind—I got out of bed and went to the foot of the stairs, and called out to him, "You Parrott, what are you about with that poor creature"—in the confusion I could not catch his answer—he was abusing her—he muttered something which I did not hear distinctly—I then went into my room again, and while I was dressing he passed down the stairs, and went out—something was said about the police, but that was on his return—the screaming ceased while he was out—he returned between 9 o'clock and 10 o'clock—I was still in my own room—on his going into his room I heard the deceased screaming, "Murder!" violently again—I beard his voice swearing as before, and I heard a sort of scrambling and lumping noise, as though she had fallen—they were scuffling together first, and then there was a kind of lumping noise as though she fell—I did not go and call out to him then—I did between 7 o'clock and 8 o'clock—it was then that I spoke about the police—it was before he went out, when she said she was being murdered—I was then standing at the foot of the stairs, half undressed—I heard her say that—that was while he was there, and I said, "Oh, very well, as soon as I get my clothes on I will fetch the police to see what you are about"'—he replied "b—the police"—he went out after that, and before I was dressed—after the scuffle and fall I flew out of my room to go down stairs, but before I could get down, he passed down the stairs—that was about ten minutes after I heard the fall—during that ten minutes he was abusing her as before—I went out of my room door, and saw him pass down the stairs—I heard no noise or screaming after be had gone out—I did not see the deceased again; I was very near my confinement, and was not allowed to go into the room.
Cross-examined. Q. Did you know these people at all before they came to lodge in that house? A. No; I have heard the deceased name something about being run over in the streets of London, and taken home—I do not know it—I do not know that they were in the habit of drinking, I never saw them the worse for liquor—they were in very great poverty.
ELIZABETH BEER . I am the wife of Frederick Beer, who is landlord of the house. No. 6, Spicer-street. The prisoner and deceased lived at our house for five or six months prior to the deceased's death—they occupied an attic—I remember 8th Dec, the day on which the woman was found dead in her room—in the early part of that day I heard great cries of "Murder!" in that room—they proceeded from the prisoner's wife—her name was Sarah Parrott—there was no one but her and her husband in the room at the time—I know he was there, because I saw him come down the stairs—I should say the cries continued about half an hoar, by what I could hear down stairs—I was in the down stair room—after the cries had gone on for some time I heard the prisoner come down, that was about 8 o'clock—I did not see him—the lodger in the one pair was abusing him for ill-using his wife—I did not hear him make any answer—I do not know what time he returned, I did not see him come in, but I saw him go out again about 10 o'clock, or it might be a little before 10 o'clock—he then had a hamper basket with him—before he went out at 10 o'clock, I had heard screams of "Murder!" a second time—I should say they continued about half an hour again—I did not see or hear anything of the deceased after he went out—the screams did not continue after he went out, I never heard a sound of her at all after that—no person went up to the prisoner's room after he went out.
COURT. Q. Can you say that nobody did go, or only that you do not
know of anybody going? A. I cannot say for certain that they did not, but I do not think they did.
MR. CLERK. Q. Were you at home daring the day? A. Yes; all the day—I saw the prisoner again a little after 5 o'clock in the evening, when be knocked at my room door, and asked me to come up stairs and see what was the matter with his old woman—I went with him to his room, and saw the deceased there—she was lying on an old straw mattress in one comer of the garret—I went up to her and felt her; she was quite dead—I said, "My God! Mr. Parrott, she is dead, she is stiff and cold, you must have done this this morning before you went out"—he said, "Why, God bless you, woman, she spoke to me two minutes ago"—I said, "I am sure it is false, for I am sure she has been dead for hours"—he said that he had said to her, "Sally get up and let's have some tea"—and that she said, "I do not know where I am"—he said he had only been in about two minutes, and had just set light to the fire—I should say from the appearance of the fire, that it had been lighted a long while—the coals were bright, and quite at the bottom of the stove—I said to him," This is the end of your fighting and quarrelling this morning, Mr. Parrott"—he said, "Why, woman, you are going mad"—the deceased was lying not quite upon her back, but very nearly; the right leg was quite straight—J remained in the room until the doctor came—the prisoner went for the doctor—he was told several times by different lodgers that came up into the room, to go for a doctor; but I should say it was about ten minutes before be went off—when I spoke to him about his wife's being dead, he made no other observation except that she had spoken to him about two minutes before.
Cross-examined. Q. These people were very poor? A. Very poor—I think the woman was kept very short—they had no furniture in their room, nothing at all except the old mattress; that old mattress was the only bed they had—I have several lodgers in the house—the deceased was very nearly blind—I do not know anything about her having been run over about a month before her death—while the prisoner was gone for Mr. Leech, I and one of the lodgers in the first floor remained in the room—neither of us moved the body or attempted to lift it up—I touched her when I first went up, but not after that—her eyes were half open, and the mouth likewise; she was not lying quite on her back, but very nearly, rather more on the left side: her head was leaning towards her chest, on the left side—the mattress was about six inches or a foot from the room; she was lying crossways upon the mattress; no part of her body was lying over the edge of it—there was a piece of patchwork quilt over her—I never heard the deceased say that she was subject to fits, and I do not believe she was; she was in a good state of health—I think she was a very healthy person, except in her sight; she was nearly blind, she could just discern the light—I never heard her say that she had been either run over, or bad fallen down in the street—I never saw them drunk.
ANN MERRITT re-examined. I remained at home in my room from the time the prisoner went out till about 10 o'clock, when the body was found; I was not out at all—I heard no person go up to the deceased's room, or any noise whatever in the room, after he went out—there is only that one attic.
REBECCA MARY BEER . I am the daughter of Mrs. Beer, who keeps the house. I remember the day on which Mrs. Parrott was found dead—about 10 o'clock that morning I heard the prisoner go down stairs; he went out into the street; just before that, I had heard Mrs. Parrott screaming dreadfully; she was hallooing, "Murder!" for some time—I heard no noise or
screaming after the prisoner went out—I did not see anybody go up stairs to the room after he went out, not until the body was found.
JAMES CHAPMAN (policeman, H 38), I apprehended the prisoner on 15th Dec, in Commercial-street, Spitalfields, a week after this occurrence took place—I said to him, "I shall take you into custody, fur being the cause of the death of your wife"—he said, "I know nothing at all about it;" I said, "I believe your name is John Parrott?"—he said, "You will find out quite different to that"—I said, "Well, I shall take you into custody, and chance it"—on our way to the station, I said, "It is no use for you to deny your name; you are well known in the neighbourhood, in the habit of hawking with oxtails"—he then looked at roe very hard, and said his name was Parrott, it was no use denying it—he said nothing more—this was after the inquest—I said to him, "It is a had job for you;" and he answered, "I have got over all that at the Inquest"
Cross-examined. Q. Did you attend the Inquest? A. I did not.
SAMUEL FOREST LEECH . I am in practice as a surgeon, at No. 2, Hunt-street, Mile-end New-town. The prisoner came to my house on 8th Dec, between 5 and 6 o'clock in the evening—I was at home—he wished me to go and see his wife, as she was very ill; I asked him what was the matter with her—he said he did not know, he thought she was in a fit—I asked him if she was subject to fits—he said, yes, she had been subject to fits—I asked him if she had spoken to him lately—he said she had, about ten minutes before he came for me; I asked him what she bad said—he said, "I asked her to have a cup of tea, and her reply was that she did nut know where she was"—I then accompanied him to the room, and saw the body of his wife—in my judgment, she had been dead about three or four hours; the body was quite cold—I made no examination of the body then: she was partly upon her back, with her left leg drawn up, and the head bent down on the chest; the mouth was partly open the post mortem examination was afterwards made by Dr. Godfrey.
Cross-examined. Q. You say her mouth was open? A. Yes, and the eyelid was partly lifted—I did not examine the state of the pupil—I saw that she was dead, and I wished somebody else to be called in; Dr. Godfrey saw it; the mouth was drawn open about half an inch—I had a candle—I did not observe any lividity about the lips—I made a very superficial examination indeed at that time, finding that she was dead—Dr. Godfrey examined the body when he came, to see whether there were any marks of violence—I was present at the time; I never left the room at all—I observed no external marks of violence upon any part of the body; I did not myself examine the state of the pupil of the eye; I was with Dr. Godfrey when he did, and held the candle for him while he made the examination; as far as that goes, I participated in the examination—I did not take any notice of the state of the pupil of the eye, nor of the conjunctiva.
JOHN BLENNERHAST GODFREY, ESQ . I am a physician, and also practise as a surgeon—I reside at No. 3, Mount-place, near the London Hospital. The prisoner came to my house on 8th Dec., about 6 o'clock—he Said, "Mr. Leech, the surgeon, has sent me to you, wishing you to come; my wife is very bad, she is dying, in fact, I believe she is dead"—I drove there directly—I got there about a few minutes past 6 o'clock—I found Mr. Leech in the room—I found the body of the deceased partly lying on a piece of mattress which came to about her hips, and her legs were on the floor—the body was almost naked: there was a small piece of rug, or something like hearthrug, or drugget over it, that was all the covering
she had; and it was a very small piece—she was lying with her head bent on the left tide, and her body slightly bent to the left side; her left leg was drawn up—the chest was bent towards the left side—her arms were lying by her side, I am not very distinct about their position it is only to the best of my belief—I stated at the time that in my judgment she had been dead about four or five hours; that was only conjecture; that is still my opinion; the body was cold except over the region of the heart—that was where the covering was—there was warmth there, amounting to the natural warmth—the body was rigid—the prisoner was there whilst I was examining the position of the body—I asked him, "Has this woman had any blows?"—he said, "No, she has not"—I made an examination of the body externally at that time—there was not one mark of external violence about it—there was no suffusion of the conjunctiva; the eyes did not protrude, they were slightly open; there was no red rim or mark round the eyes; nor any lividity of the lips—I made a post mortem examination on the Saturday following, the 11th—(I gave notice to the beadle at once, and the Coroner authorised me to open the body;) it was emaciated to an extraordinary degree; there were no scratches, or any marks of violence upon any part of the body externally—the stomach was small and contracted; the intestines were pale, empty, and attenuated, thinner than usual; all the fat which is generally, even in cases of disease, around the intestines, had been absorbed—the longs were out of their natural order; the left lung was compressed; it was congested and engorged with blood; it was full of black venous blood, unarterialised blood, and there were small congested patches in it as well—when I say congested, I mean red patches—the right lung was also engorged, and blacker than natural—on the front part of the liver, there was a bruised dark patch, about the size of the palm of the hand; over this patch, the peritoneal covering, which is a thin caul that covers the liver, was disattached from the liver—it was red, and there was some appearance of congestion about that portion—on removing the scalp, on the left side of the head there was a patch of coagulated blood, between the cellular tissue and the bone—it was blood coagulated in the vessels, forming a dark patch—I directed Mr. Leech's attention to that—and on examining the hair corresponding with that place, we found several of the hairs pulled out; the roots of the hairs were apparent; the hairs were not broken off, but pulled out by the roots; the hair was there, and the roots also—that was to some little extent immediately over the place where the coagulated blood was, and other parts near it—I looked at the external skin to see if there was any bruise, and also directed Mr. Leech's attention to that—there was no bruise—I then examined the interior of the head, the brain—the vessels were slightly engorged, although in a great number of bodies which I have opened at the hospitals, I have not seen the vessels so engorged in the majority of cases, yet I have seen cases of natural death where the vessels were as much engorged—the brain itself was healthy in its structure, and natural throughout—I examined the heart particularly—the right cavity contained dark blood, the left cavity was empty—I rather incline to think that the structure of the heart was more flaccid than usual, more weak and attenuated; whether that was from the absence of fat or not I cannot say—there was no structural disease in any part of the body.
Q. From all these appearances, what in your opinion was the cause of the woman's death? A. My opinion must be only taken as an opinion, and goes for no more than what you yourself would deduce from the facts, it only amounts to a probability, taking all the circumstances together, each of
which circumstances may depend upon some other cause, totally different from what I say—I merely give my opinion from rational ideas and notions; I am anxious that you should not attach to my judgment more value than it deserves—I am of opinion that from the emaciated state of the body, the woman was in an extremely weak condition; from the roots of the hair being pulled out, and the coagulated blood underneath that part, I am of opinion that she had received some violence by pulling her hair, and from the nature of that coagulated patch, and the appearances around it, I am of opinion that that took place during life—the congestion and compression of the lungs, and the compression of the chest, lead me to conjecture that her head had been pulled forward on her chest, and that from her weakened state, that caused her death, by stopping her breathing; if her head came in contact with the rug or mattress, in her weak and powerless state, life would become extinct—there is a disease called idiopathic asphyxia, which I have seen persons die of—that is a disease attacking persons from causes from within, without any external agent being perceptible to us—it is possible that she might from the state of her heart have had a tendency to idiopathic asphyxia and the pulling her head forward, in the manner I have described, might have caused an attack of this idiopathic asphyxia, and have caused her death; it would be different in her case—in the case of a strong person, youwould necessarily infer from the congested and compressed state of the lungs, that suffocation had taken place; that would have been my opinion, but looking at the weakened state of this woman, her spire and all her muscles being attenuated, that which in a strong person would require continued pressure to cause that strangulation, and those appearances, would in her case be effected in a very short time, by a single pull, perhaps—it is possible that a slight interruption of the breathing by pulling her forward, and her face coming in contact with the cloth or the bed, from the weakened state of her system, and the heart being flaccid, would have caused death in her, when it would not in a stronger person with out more continued pressure.
Q. You have stated two facts as to which probably the Jury may require some explanation; you say there was no redness round the pupil of the eye, and no lividity of the lips, what inference do you draw from that? A. In the majority of cases, it is the opinion of the profession, that suffocation is generally accompanied by lividity of the lips, suffusion of the conjunctiva, and general protrusion of the eye.
Q. How does the attenuated state of this woman's body, and the feeble condition of her system, in your opinion, bear upon the absence of those symptoms? A. That if pulled forward by her hair, and her head coming in contact with anything, that would be sufficient, in the state of her heart, to produce this strangulation, which it would not, in my opinion, in a stronger person.
COURT. Q. Do you mean to say, that you think a woman in her weak condition might be suffocated without causing lividity of the lips, or the ordi nary affection of the eye? A. Yes
MR. BODKIN. Q. Looking at the whole circumstances that you have described, in your judgment could the death of this woman have occurred from purely natural causes? A. I do not think it did occur from natural causes.
COURT. Q. From the appearances of the body, do you think she could have died a natural death? A. I do not think she could; the appearances were not consistent with a natural death, but it is possible—if I am confined to the post mortem appearances, I say it is possible she could have died a natural death.
MR. BODKIN. Q. Without any external violence at all? A. I do not think it is possible that those appearances I have described could have occurred without external violence—the appearances I saw could not have occurred from natural causes; finding those appearances I do not think she died a natural death.
Cross-examined. Q. I think the period which elapsed between the death of the deceased and the time of your making the post mortem examination, was about seventy-two hours, was it not? A. From the 8th to the 11th, it was sixty-nine hours after—the morbid appearances which would be exhibited upon a post mortem examination made immediately after death, sometimes differ from those presented after an interval of sixty-nine hours.
Q. If you had been called in to make this post mortem examination, without having heard anything whatever touching the antecedents of the case, would you, from that examination, have come to the conclusion that the woman had died a violent death? A. I do not know, it is difficult to answer that question, because it is mere conjecture—it is possible that I or any man might examine a body, and not having our attention particularly directed to any special circumstances, we might pass them over—I think the condition of the lungs would not have escaped any medical man accustomed to open bodies—asphxyia was the proximate cause of death, that is, engorgement and congestion with compression; it is possible that congestion of the lungs might be produced either by internal or external causes.
COURT. Q. Do you mean the congestion that you observed in this woman, or do you mean that congestion of the lungs might take place? A. The congestion as it was here; it is possible to have occurred without external violence, I mean from internal causes, from natural cause.
MR. SLEIGH. Q. From the idiopathic asphxyia? A. Yes; I do not think that it could have been produced by any internal disease, the result of which was pressure on the trachea, I cannot reconcile the possibility of pressure on the trachea—it is possible, but I cannot reconcile the probability in my own mind.
COURT. Q. Was there any symptom from which you could judge it possible to have arisen from that? A. No, nothing that I observed.
MR. SLEIGH. Q. At what portion of the body did you commence your incision for the purpose of opening the thorax? A. On the anterior superior portion of the chest, the upper and fourth portion—I examined the organs of respiration and deglutition, which are comprised in the larynx and pharynx—after making the external incision to remove the integuments, I raised the walls of the chest, and then from that I proceeded to examine the bronchia, the internal portion of the cells of the lungs; from that to the larynx, and then the musical box in the throat—I took out both the larynx and pharynx attached to the end of the lungs; I took it out attached to the end part of the trachea, I could not take it out attached to the fauces—I took it out downwards—I removed the trachea with the bronchial tubes, and passed my finger down to see that there was no foreign body in the dura mater—I made an examination of the larynx and pharynx, and I looked at the epiglottis particularly—I found no remnants of food in the mouth—I found the epiglottis lying on the rima glottidis, in its natural position—I examined the gall bladders; there was more bile in them than usual, but not any disease—I have met with cases of spasmodic action of the trachea—if death ensued from spasmodic action of the trachea, I should not be able, on a post mortem examination, to detect that any spasm had existed—the appearance of the lungs would be precisely analogous to the symptoms I have been describing.
Q. In point of fact, if this woman had died in consequence of a sudden spasm of that description, the appearances would have been precisely the same as those which you discovered? A. It is possible; but I do not apprehend that they would—I want to explain—in my opinion, if it had been from closure of the rima glottidis or any obstruction of that sort, and no pressure had been used, the left lung and the right lung would probably have been in the same condition; it is an opening common to both lungs.
Q. Then your theory of that pressure on the chest I apprehend is this, that the head was pressed down on the chest? A. The head was found so pressed down, and the chest might have been compressed, either from the body being pulled over, or from some pressure on the left side of the chest—the muscles of the neck and common integuments would not hare exhibited any marks of discolouration if, during life, the head had been forcibly drawn over on the chest—I saw a case where a man was pressed between a railway carriage and a wall on the Eastern Counties Railway, and there were no external marks, although the pressure was violent, and injured some of the internal organs, and this would be the case particularly with a thin woman, whose body was very much attenuated—the man I speak of did not die—I give that as a strong case—it is usual, if such violence has been exercised, to find some indications, such as ecchymosis or extravasation, on dissecting the common integuments and muscles of the neck—I dissected the common integuments and muscles of the neck of this woman on both sides—I laid back the flaps of the skin on both sides; not at the back, I examined the skin externally at the back—the muscles of the posterior and lateral portions of the neck arise, and are inserted from the base of the cranium to the clavicle and superior spinus processes—the trapezius is the strongest muscle in the neck—I examined those muscles externally, but a muscle presents no appearance unless it is ruptured—it is not at all probable that those muscles would have been ruptured if this violence had been exercised; I cannot even imagine it possible that the trapezius, or any muscle at the back of the neck, would have been ruptured.
Q. Are such morbid appearances as were presented upon post mortem examination here, frequently manifested in cases of death from natural causes? A. Such appearances have been manifested, at least some of them—you do Dot allude to the pulling out of the roots of the hair, of course.
Q. I am confining myself entirely to the internal appearances; I am afraid this unfortunate hair has created a prejudice in your mind? A. Perhaps it has; it is impossible to divest one's self of it to a certain extent—the appearance of the lungs was strongly analogous to that which is occasionally presented in cases of natural death, but rarely so, not frequently; it would be an exception—I do not pledge myself as to the actual cause of the death of this woman—the appearance of the lungs in cases of death from starvation, is not generally very similar to the appearances presented in this case.
MR. BODKIN. Q. My friend has asked you whether an interval of sixty or seventy hours might change the appearances upon which the examination proceeds; would that be the case here, with an attenuated person like this? A. No, it would not—I understood his question to be, "Do bodies generally change?" not with reference to this special case—in this particular case I do not think it did, because decomposition had not set in.
Q. You have been asked something about spasmodic action of the trachea; was there anything at all that indicated an attack of spasm? A. It is a
disease that leaves no post mortem appearances—there was nothing to lead me to the opinion that there had been any attack of spasm in the trachea—idiopathic asphyxia is a disease where a person will suddenly faint off, and for some want of power in the action of the heart the blood becomes coagulated or thickened—it is possible that having first met the left lung, and impeded respiration, the right lung may become gorged afterwards, from the exudation of hydrogen or some other cause, leaving the left lung compressed—I did not observe externally any appearance of pressure on the left lung—I observed that the chest was bent on the left side, and the bones of the sternum depressed on that side, as if flattened—I pointed it out to Mr. Leech, and he also pointed it out to me—I am of opinion that that depression was from some external cause—if a person in a struggle knelt on that part, that would account for it.
Q. With respect to idiopathic asphyxia, would your opinion of that disease arise in a case where you found the chest depressed, the lungs gorged, and the head leaning over in the way you have described this woman's head to have been? A. It would not.
COURT. Q. You speak of some coagulated blood under the place where the hair had been apparently pulled out; had that anything to do with causing the death? A. No—I think an attenuated body of this description would get cold sooner than a more robust one—the time in which a body loses heat differs exceedingly—it depends so much upon the surrounding temperature, that it is impossible to say; I have seen rigidity and coldness of the body arise in two hours; I have seen bodies remain warm eight or nine days, and I have seen rigidity without coldness come on almost immediately after death—it is uncertain—it may depend upon internal causes, the circulation, the vital warmth of the body itself, the state of heat retained in the flesh and fat, and it may depend upon the external temperature—a body exposed to a draught will cool sooner than one not so exposed—there was nothing either in the nature of this body or in the place where it was, to make me suppose that warmth would last longer than usual—indeed, I should think a very attenuated body, in a garret without a fire, in the month of Dec, and with no clothes on, would get cold sooner than in an ordinary case. Q. If the depression of the bone had taken place from any very recent violence, such as kneeling upon it, would it have been likely to leave any mark, the body being naked, or nearly so? A. It would be likely, in the generality of cases, I should say, but many cases to the contrary have occurred in my own experience, and it is laid down as a rule by medical men that great violence may be applied externally without leaving any mark at all; and on the other hand the least violence to some bodies will leave a very great mark—the thinness of the body would have something to do with it—cases have occurred of great pressure, such as pieces of rock falling upon a body and causing death, and upon examination there has not been a single sign of a mark externally, while the lung itself has been engorged and compressed—that would be more probable where a large surface was pressing upon it—the knee of a man would not be so likely to leave a mark as a blow, nor would a pressure—the general mark is from the vessels being ruptured from a blow; in that case it is an ecchymose mark—the least blow will cause a mark sometimes, when very great or violent pressure will not do so.
GUILTY of manslaughter. Aged 45.— Transported for Life.
Before Mr. Baron Martin,
295. RIDLEY WILSON , feloniously destroying and casting away a certain vessel, called the Essex Lass , on the High Seas, with intent to prejudice persons who had underwritten policies of insurance upon it.
MESSRS. CLARKSON and GIFFARD conducted the Prosecution.
WILLIAM CUDMORE . I am a mariner, and was residing in Colchestef about three years ago. About two years ago I was an apprentice on board the Essex Lass, Mr. Robert Turpin's vessel—we left Colchester for Amsterdam, and then went from Amsterdam to the Mediterranean—I do not remember about what time it was that we left Zante, but some time after we left Zante we got near a place called Faro on the coast of Spain—one morning, about half past 8 o'clock, I was standing at the helm, and saw the captain take an sugar out of the locker, with which he bored some holes through the ship's side, under his bed bunk—I should think that would be below water mark—it went through the skin and the lining—I said nothing to the captain of it at the time; I remained at the helm till 10 o'clock—the watch was called at 12 o'clock, and I then made a statement to the rest of the crew—in the ordinary course of business the watch would be again called at 4 o'clock—the well was sounded at the 4 o'clock watch, and there was five feet of water in it—the pumps were then set going; we worked them from 4 o'clock till 12 o'clock at night—the captain then said it was of no use pumping any longer—we had pumped all that time, but the water still gained on us (I cannot tell whether it was spring, summer, autumn, or winter)—at daylight in the morning the captain said we were to get the boats out—there was a boat there called the dingy, which was alongside in the water; I got into it, and so did the captain—he had an adze in his hand, which I saw him go and get out of the cabin five or ten minutes before; he cut the starboard port out with it—we then went round the ship's stern and cut the larboard port out—those ports might be about a foot long—they are for the purpose of taking in ballast—the lowest part of the port was at that time about ten inches from the level of the water—supposing the vessel to be sunk down to the level of where the ports were cut out, the water would run in like a sluice and sink her—at the time the ports were cut open, I observed a schooner about thirteen or fourteen miles off, and there were some smacks from the shore about the length of this room from us; they were coming off to us—we were twelve or thirteen miles from the shore at that time—with the leakage the vessel was making when the ports were cut out, she could have reached the shore at the rate she was making—the crew consisted of Joseph Turpin the mate, who was a relation of the owner, Benjamin Munson, Philip Erle, Robert Howard, William Cooper, myself, and the captain—about nine or ten months back I saw the captain at Sunderland—he came and asked me, "What ship?"—I did not tell him—he said he hoped I should not say anything about cutting the ports of the Essex Lass out, or else he should get transported for life.
Cross-examined by MR. BALLANTINE. Q. At the time this happened, how many knots were you making? A. None at all, only just knocking about—I was standing at the helm, and my duty was to keep a look out and to steer—I saw these holes bored by the captain through a skylight; the skylight hatch was off, and I could see down into the cabin and all over the cabin—the skylight was behind me, but I happened to turn my head at the
time, and that gave me the opportunity of seeing it—I did not take my eyes off until it was done—I did not think it necessary to look ahead; while the captain was sinking the vessel it was not much use steering—we were in tolerably deep water—I do not know whether the vessel has ever been got up—I cannot swim much—we should all have got drowned if it had not been for the boats, yet I said nothing to anybody from half past 8 till 10 o'clock—I do not think it a pleasant thing to be drowned.
Q. But when a man is knocking a hole in a ship whichyouare in, and you are not able to swim, is it not worth while to speak? A. She would be a long while sinking if he had not cut the ports out—I did not interfere, because I was afraid; I did speak of it when the watch was called—I did not leave the tiller up to 10 o'clock—during that time the captain was boring the holes in the vessel—I spoke when the watch was called; I cannot give you a reason for my not speaking at half past 8 o'clock—the other men were off the deck—I spoke about it at 12 o'clock—all the damage was not done then—the holes were bored then—it was a copper bottomed vessel—it went through her side—he might go through the copper too; he must—he made three holes—I was able to count, and can swear to three that went through the ship's side, through the woodwork and through the copper, I standing all the while and saying nothing to anybody until 12 o'clock.
Q. You went away from the tiller at 10 o'clock, and you must have seen that the water was coming in; would it not have been worth while to mention it at 10 o'clock? A. I could not see the water coming in, it ran between the outside skin and the lining—I did not hear it, but I was sure it was running in—I spoke about it to all hands on deck—Ben Munson succeeded me at the tiller; I might have mentioned it to him, but I do not recollect it if I did; I will not swear to it—there was only him and me on deck—I cannot swear whether I mentioned it to him—the watch on deck at the time were me and Ben Munson, the boy, whose name is William Cooper, and the mate.
Q. Why, if you saw the captain do this, did not you call somebody's attention to it at the time? A. I spoke about it at 12 o'clock, and I might have spoken of it at 10 o'clock, for what I know of; it is a long time back—it was 4 o'clock when the pumps were called, not 12 o'clock—if I told the men at 12 o'clock, none of them said anything to the captain—though I told the ship's crew at 12 o'clock, we did not say anything to the captain, or work the pumps—the auger might be half an inch broad, a foot and a half long, and about half an inch at the point; it was bigger than a man's finger—he bored with it—he went down on his knees, and went working away at it as if this was the handle; he bored it so (imitating the action)—when he had got well through one hole he made another, I looking all the while, and not saying a word to anybody—he might be better than a quarter of an hour at this work—I had been in the cabin before; there was a table in it, and there were two or three cupboards.
Q. Was there a cupboard in which the captain kept Hollands? A. That was in the locker—I got into the dingy first, and the captain followed—it was not an axe that the captain had, but an adze such as carpenters use, made of iron and steel—it was square, with a handle about two feet long, and an iron blade at the end, such as you cut with; he used it with two hands, chopping—I had seen it before, but never used it—I did not chop the port holes of bore a hole; the captain did it—I am quite sure it was not myself—I have nothing to do with it; I only got into the boat—I mean to swear, on my solemn oath before God, that I had nothing to do with taking out the ports
—the dingy is a small boat—the captain was in it, nobody else—he stood up in it, and chopped the starboard port out with both hands—the boat did not keep steady; I had to hold on by a rope from the ship while he chopped—that was for the purpose of having the port chopped out—I was obliged to do as I was ordered, and I held the boat on and the ports were chopped out—I held the boat for that purpose, and then did the same thing to the larboard—it was not long coming out—he used the adze with both hands, the crew looking on—I cannot tell you what time of year it was—I made no complaint till very lately, but it has been mentioned plenty of times—I first embarked on board the vessel at Wavenhoe—I was an apprentice to Mr. Turpin, the owner—I recollect the vessel being at Hamburg; that was before this affair—I cannot tell how long before—I cannot tell whether it was a year before; it might be three years before, but I cannot say—I cannot say whether it was one.
COURT. Q. When did your apprenticeship begin? A. I cannot tell, but she has been lost two years last Christmas; it was just after Christmas that she was lost.
MR. BALLANTINE. Q. How long, before the vessel was lost, were you at Hamburg? A. I had only been one voyage; I was an apprentice while we were lying at Hamburg—Mr. Wilson was the captain then, not the same man; I do not know whether it was his brother—I do not remember doing anything to the captain's cabin then; I am sure about that—the prisoner was mate at that time—I do not recollect charging the mate with breaking into the captain's cabin, and stealing some Holland—he never knocked me down—he struck me at Hamburg, because he said I had been and broke into the cabin; I said I had not been in—I did not say he had been into the cabin—he did not knock me down, he hit me; he did not make me bleed, or give me a black eye—he hit me somewhere in the head—I did not their say I would be revenged.
Q. Be cautious; did you say you would go on shore and be revenged? A. No; I did not say I would have him taken into custody, on my solemn oath—I did not say I would pay him out—I might be angry when he struck me; if I said anything I do not remember it.
Q. Then, if you cannot remember whether you did or not, will you swear you did not say you would be revenged on Wilson? A. If I did, it is a long bit back, and I do not remember it—I cannot tell how long it was before the vessel sank, that Wilson struck me—he afterwards became my captain, and Isailed with him—I recollect, while in the same employment, being on board the Ocean Queen—I brought some women on board that vessel—(it was after this ship was lost)—she was lying at home at the time I brought the girls on board—I did not get drunk—I was not charged with getting drunk—I brought my brother on board too—I left the ship without permission; I walked away, taking my indentures and ticket; I got them through the mate giving me the keys of the cabin; I did not tell him what I wanted them for; he had no business to give them to me—I got them that I might get my register ticket and indentures—the crew did not say their berths had been robbed; there was only one robbed of a coat, and there was a London man taken for that—he was not one of my companions—I was accused of it, but there was one who knew better than that—I do not know that there were a great quantity of things taken, and returned on the following day by my brother; he brought back nothing at all to my knowledge—nothing was brought back—I never joined the Ocean Queen again—I did not run away; I was about home—I went away—that is twelve months ago; I have not
been in England ever since that; I have a good deal, and in the neighbourhood of Colchester—I did not apply to Mr. Turpin to engage me again, or to anybody to be engaged on board Mr. Turpin's vessel at any time, never since—the Essex Lass was not heavily laden; it was currants—there was ten inches from the water to the ports, and the ports were about a foot each way—the captain cut away the ports standing in the dingy.
MR. GIFFARD. Q. Supposing there to have been no other hole but what was made by the auger, how long would she have remained above water? A. They might have towed her ashore without her sinking—I was in England pretty nigh six months after I went away with my indentures; during which time no charge was made against me of taking a coat, or anything else—this is the first I have heard of it.
ROBERT HOWARD . I was an ordinary seaman on board the Essex Lass; it was my first voyage to sea. Cudmore was an apprentice on board—he is four years older than me—I recollect taking in a cargo of currants at Zante; we sailed homewards, and came out of the Gut of Gibraltar—I remember coming to Faro—when we were at some distance from Faro the vessel was in a leaky state—I cannot say whether the pumps were sounded; I was in bed—I remember the vessel going down; the pumps had been worked the night before that—(the prisoner used to do the carpenter's work on board)—we pumped from 4 o'clock in the afternoon till between 12 and 2 o'clock in the morning, but the water gained on us—I had no orders given to find out where the leak was, but I went without orders—the pumps were going because she bad the water in her—we knew the water was in her, otherwise we could not have got any out—I went all forwards wherever I had anything to do with the vessel; I might not go aft without the permission of the captain—we pumped till between 12 and 2 o'clock; we left off by orders from the captain—I stowed the flying gib myself; that sail was no good to the vessel at all, even if it was set; the vessel was going before the wind, what little wind there was, and that would do her no good at all; the wind was aft at that time—the boats were got out about six o'clock in the morning—there was a boat called the dingy there—I cannot say who was in her, if any one—I saw no one in her until we left the ship, and then Cudmore was in her; he might have been in her before, but I did not see him—there was a larboard and a starboard port—I saw the captain cut the larboard port out that morning with an adze, and when we left the vessel I saw that the starboard port was out; I did not see who did that—the captain was on deck when he cut the larboard port out; I saw him on deck when he cut it out—the vessel was not afloat more than five minutes after we left her—I saw the water running in on both sides into the ports.
Cross-examined. Q. Was the captain in the dingy at all? A. I never saw him; I cannot tell whether I must have seen him if he had been in the dingy any short time before the larboard port was cut out; I cannot tell where I was at the time—I cannot say where Cudmore was when the captain was cutting out the larboard port—I did pot see him in the dingy till we all got in to leave the ship—the captain did not get into the dingy, he got into the long boat—I have said that I saw the captain in the dingy, but after I bad said it I rectified it.
Q. Have you said out of Court, before you were examined at the police court, that you saw the captain in the dingy; will you swear you have not? A. Yes—I never said so at all—I have been in several ships since this affair—I cannot swear whether I signed a protest—I do not know whether I signed and swore something; I took a book and we passed it to one another, but I
do not think I took an oath, and I do not think the others did—I did not pretend to take an oath, and put the book to my lips; I only took it in my hand—it was before the Consul at Faro—I cannot swear I did not sign anything; if I did, I did not know what I was doing—I do not know that I did.
BENJAMIN MUNSON . I was a seaman, on board the Essex Lass, and was one of the crew on the morning on which she went down—I was at the pumps that morning from 4 or 5 o'clock till 1 or 2 o'clock, when we left off by the captain's direction—I dare say an order was given, but I do not recollect—next morning I was on deck, the rest of the crew were in the cabin, and I saw the captain with an adze in his hand—that was about an hour or an hour and a half before we took to the boats to go ashore—at the time I saw the captain with the adze in his hand, there were some fishing boats four or five miles from us; they came near to us, and were about the length of this room from us when the ship went down: about the same distance as we were from our own vessel—I did not see a schooner at the starboard of us—I saw the captain cut out the starboard port with the adze—he was then on the deck, on the covering board, not on the dingy—the fishermen were then about three or four miles from us; I do not think we saw them until be began to cut out—I do not think he saw the boats until after the ports were cut out—I got into the big boat, and observed from there that the larboard port was cut out, but I did not see by whom—I saw no signal of distress made to the fishermen or any one else.
Cross-examined. Q. Was the captain in the dingy at all? A. I never law him there—the port must have been two feet or two feet and a half from the deck of the vessel—there is a bolt through the port, which they lock it inside with; and there is an iron seam outside where the port ship ends.
JAMES COOK . I am a mariner, residing at Waivenhoe, in Essex. Between five and six months after last Christmas twelvemonth, I was at Sunderland and saw Cudmore there, and saw the prisoner in the street; we spoke together, and the prisoner came across the street and said to Cudmore, "What ship?"—Cudmore made no answer—the prisoner said, "What have you been saying about the ship?"—Cudmore said, "Nothing"—the prisoner said, "You must have been saying something about her, as I have had a letter from Mr. Turpin, and if you say anything more about her, I shall get transported"—Cudmore said, "There will not be anything more said about it"—the prisoner said, "No; I doubt not that it is not settled yet;" and asked Cudmore if he would go and have anything to drink—he said no, he had not got time—the prisoner asked Cudmore to meet him at the Royal Oak public house that night—I did not hear what Cudmore said to that, but I know he did not go—it was not mentioned whether the ship was a bark, a brig, or a schooner.
Cross-examined. Q. Have you known Cudmore long? A. About two years; he is no friend of mine—I do not associate with him; I speak with him when I see him—I have sailed with him to Spain from Sunderland; we were together ten or eleven months—he has talked to me about the Essex Lass, but he has not mentioned the conversation I have just repeated; and I was with him, after that.
Q. But what necessity was there for him to tell you if you had heard it? A. He did not tell me, I heard it—we sailed together after that three months, and we had five months together before, not ten months—he never mentioned anything about transporting the captain when we were sailing together after this occurred; he only told me that the captain asked him to go to the Royal Oak that night—I do not know what made him tell me that when I had heard it; I do not know whether he knew that I heard it—I do not know
how the conversation got up; we were going after some paint to paint the ship with—I do not know how he came to tell me about the captain asking him to go to the public house; it was not in answer to anything I said: I do not know how he came to say it; we were not talking about the captain; you must ask him—he said the captain asked him to go to the Royal Oak, to spend an hour or two—I cannot recollect whether I answered, "Why, Cudmore, of course I know that, I heard him;" it is very near a twelvemonth ago.
BENJAMIN MUNSON re-examined by MR. BALLANTINE. I was not in Court when Cudmore was being examined—I remember the day before the vessel sank—Cudmore's time at the tiller that morning was from 10 to 12 o'clock.
COURT. Q. Are you sure of that? A. Yes; I was at the helm from 8 to 10 o'clock: the day before she went down.
GEORGE LEIGH . I produce the deed of the insurance of the Essex Lass, from the Colchester and Malvern Mutual Insurance Association—it is an insurance for 637l., on the Essex Lass, from 3rd Feb., 1850, to 3rd Feb., 1851—470l. odd has been paid by us upon it.
Cross-examined. Q. The ship was insured altogether for 965l.? A. It was insured in our establishment for 637l.—I have understood that it was also insured in the Winder Club, and in the Colchester Club—I believe the Winder Club is prosecuting this case; I mean they have taken it up—John Sturt Foxlee is our secretary; he is a solicitor.
MR. BALLANTINE called,
Cross-examined by MR. GIFFORD. Q. How did he come to leave you? A. When the ship was lost—I have employed him since, but he left, as we did not agree about the length of time of his passage from the Baltic.
NOT GUILTY .
JOHN WILLIAM ASHLEY (policeman, 228). On 21st Jan., between I and 2 o'clock in the morning, I was on duty in Chapel-street, Shoreditch, and my attention was called to the prisoner by two females; he was standing with his trousers unbuttoned and his person exposed—he was very much in liquor—I told him to button up his trowsers and go home—he said he would see me b—first—he said he had been making water—he buttoned up his trowsers, put himself in a fighting attitude, and kept shouting and hallooing—I said I could not allow that, and should be compelled to lock him up—I laid hold of him by the waistcoat to lock him up; he tried to throw me down, but fell himself, and I slipped alongside him—during the scuffle on the ground he pulled this knife out (produced) and I felt it cut my hand in two different places—I put my knee on him, and sprung my rattle—two policemen came up, and we took him to the station—he was very violent, and kicked, and fought—when he cut me, he said, "That is the way we serve the b—s in Australia."
MR. PAYNE. for the prisoner, stated that he could not resist a verdict of unlawfully wounding.
GUILTY.** of unlawfully wounding. Aged 36.—He received a good character, but the prosecutor stated that he had been in custody several times for assaulting the police.— Confined Twelve Months.
NEW COURT.—Thursday, January 3rd, 1853.
PRESENT—Sir PETER LAURIE, Knt., Ald.; Mr. RECORDER; Mr. Ald.
SALOMONS; and Mr. Ald. FINNIS.
Before Mr. Recorder and the Sixth Jury,
CHARLES OAKLY (City-policeman, 611). I was on duty in Leadenhall-street on 6th Jan., about ten minutes before 6 o'clock in the evening I heard the crash of a window or the breaking of glass—that attracted my attention, I looked towards the place and saw the prisoner turning from the window—he ran across the street—I ran after him—he ran from Leadenhall-street to Lime-street—I pursued him for about 100 yards—I only lost sight of him for a second or two—he went between some wagons, and I went round them—when I caught him he resisted violently, and I felt something fall on the ground, and this watch was picked up by a person-who came up at the time, and gave his name John Turner, but he did not give evidence—I saw him pick it up close to where we were standing—this is the watch—the prisoner had these four chains in his hand when I took him—this ticket of the watch was entangled with these chains, and this small ticket of the chain—I ascertained whose window it was that was broken, it was Mr. Brown, No. 110. Leadenhall-street.
Prisoner. Q. Did you see me leave the window? A. I did—I did not see you go to the window—I felt the watch fall—I felt something fall—I took the four chains out of your hand—you endeavoured first to get away, and then you put your hand behind you, and I struggled with you a few minutes—I got your hand and opened it, and in it was the four chains—I remarked to you, "You did not know I was so close"—you said, "No, if I had I should not have done it"—your knuckles were all blood, and when you washed them at the station you said you thought some of the glass was in them—you told me in going to Moor-lane station, that if you bad got off, you should have had the laugh at us, for you should have had a good haul.
WILLIAM STUCK . I am assistant to Mr. Charles Brown, a jeweller, No. 110, Leadenhall-street. On that evening I was in the parlour adjoining the shop—the shop is about twelve feet long—I suddenly heard a crash about twenty minutes past 6 o'clock—I ran out and found one window smashed, and a vacancy in the chains—there were some watches in front of the chains hanging in the window—I did not ascertain what was missing—we could not ascertain among so much stock—the window was full—there was nobody in the shop but me—I closed the shop immediately, and went to the station—I saw the prisoner before I got to the station—I know nothing of him—the policeman showed me some chains, and I identified them as being the property of my employer—I know them by their appearance, and this ticket is my writing—they are both my writing, one is for the watch, and one for this chain—this ticket belonged to this chain—we have not taken stock since to ascertain what is missing—I do not think there is any other watch gone—I cannot speak as to the chains—this watch is my master's—it is worth 4l. 6s.
Prisoner. Q. What do you know these things by? A. By their appearance;
and the tickets are my writing—I did not see you go to the window, or leave the window—I saw your hand bleeding.
COURT. Q. Do you know the watch? A. Yes—it is not manufactured by us—it is Swiss manufacture—here is our private mark inside it—this ticket applies to this watch.
GUILTY . Aged 19.— Confined Twelve Months.
MESSRS. BALLANTINE and O'BRIEN conducted the Prosecution.
EDWARD RANDALL . I am a partner in the firm of Randall, Freemantle, and Co., we carry on business as brewers in Hampstead-road. On 14th Oct. I saw the prisoner Gerhardt, he gave the name of John Henry Garrett, by word of mouth—it was in our counting-house I saw him—I think I had seen him before, about the beginning of the month—On 14th Oct. he said he had taken a house in Bath-place, New-road—he was fitting it up as a beer shop, and he wished to deal with us—he said he was a painter by trade, and he had recently come from Devonshire—he said he had laid out about 80l. on his house, and he stated that he had a lease of the house for twenty, one years, and he had paid a premium—we asked if he wanted credit—he said he did, and we asked for a reference—he said he had not been long in town, and he scarcely knew any one in London, but he could refer us to one, a respectable man, Mr. William Smith, of No. 8, College-place, Camden-town—he said Mr. Smith was a tailor, and he had known him for many years—I went and looked at the house in Bath-place, to see where it was situated, and I went to No. 8, College-place, Camden-town—I went in the course of the next day or two—at the house in College-place, Camden-town, I saw the prisoner Smithers—I mentioned that Garrett had referred to him, and asked him what he knew about him—I mentioned Garrett as a beer shop keeper, and that he had referred to him for his general character and respectability—on my so explaining to him, Smith said he had known Garrett for some time, and knew him to be an exceedingly honest and industrious man—he said he knew he had some little money, but not much, but he knew he was a very honest man—I think Smith did not say anything about the premises—he said that Garrett had come from the country—I believe I mentioned Devonshire myself—on that occasion Smith was dressed much as he is now—he had not any mark of his trade at that time—the next time I saw him was at his own house, about the 21st Oct.—that was after the first goods had been delivered—it was before any money had been advanced—the goods were delivered on the 14th, 22nd, and 23rd of Oct; this is the account of the goods (produced)—I had first seen Smith before any goods were sent—I had seen him before the first lot had been delivered, and a second time before the two last lots were delivered, and before the money was advanced.
Q. Would you have sent the goods if you had not heard from Smith the character he had given of Gerhardt? A. No, I would not have given credit unless I had had that character—I would not have given Gerhardt credit if I had known his name was Gerhardt—certainly not, because that name was well known to me, as having appeared frequently before me in the Trade Protection Circular, in the Swindler's List—on the second interview with Smith he had a tape measure round his neck, over his shoulders—the first lot of goods that was sent to Gerhardt was four barrels of ale, one barrel of stout, and four barrels of porter—that was on 14th Oct—on 21st or 22nd
Oct. we supplied half a barrel of ale and some bottled beer, and some on the 23rd—the amount of the whole supplied was about 23l.—we received a delivery ticket each time—this is one signed, "J. H. Garrett," on 14th Oct.—this other ticket is for the half-barrel, signed by the same party; and there is one other signed, but not by the prisoner—I have seen Gerhardt write on two occasions, and I believe these signatures to be his handwriting—our drayman is in Court, who saw him sign them—about 18th Oct. I saw Gerhardt again—he came to our counting-house, and said he had been pressed for payment by the party who was fitting up the house, and he could not open till the house was completed, and he had been disappointed of some money from the country—he wanted to borrow 25l., and he offered, as security for it, to sign a bill of sale, or a deposit of his lease, or agreement for his house—we said that on advances of that kind we were usually satisfied with a joint note—he said he did not know who to go to, and I believe I suggested that perhaps Mr. Smith would be joined with him—(I bad seen Mr. Smith previously)—Gerhardt said he did not know whether be would, but he would ask him—he went away, and be came back to the brewery, I think on the 20th, and said Mr. Smith would be a security for him—on his saying that, I went and saw Mr. Smith on the 21st, at his own house, in College-place—I told him for what purpose I came; I said Garrett wanted an advance, and he had mentioned that he was willing to become security for him, and I asked if that was the case—he said he was not in the habit of doing such things, he did not like to put his hand to a bill, and he should not like his wife to know anything about it—I said we should make the advance entirely on the good character that he had given him; and if Garrett did not pay it, we should look to him—he said he hoped we should keep Garrett up to the mark, and get payment as soon as possible, to release him from his responsibility—upon that I drew a promissory note, and I saw Smith sign it—this is the note, signed by Smith, and signed afterwards by Garrett; and on Garrett's signing it, I gave him a check, which he indorsed, and we cashed it in our own counting-house—(the promissory note being read, was dated October 21,1852,for 25l., payable on demand, and signed William Smith and J, H. Garrett; the check was for 25l., and indorsed, "J, H, Garrett")—this indorsement on it would merely show that he had received it—we have not received any payment, either for the goods or the note—we have received no payment at all—the goods were to be paid for a fortnight after he commenced business, as drawn; that is, such portion as he had sold was to be paid for—he would pay at the end of the fortnight for all that was drawn—it not having been paid, I wrote to Smith, and he called on us—that was about 14th Nov., about a month after the first supply of goods—I saw him when he called—he said he was sorry they had not been paid for, but he would go and see Garrett, and induce him to come round and make some arrangement—I said we should expect to have the amount paid, and the 25l. also—he said if the 25l. was not paid within a fortnight, he would pay it himself—I did not see him at the end of the fortnight—he did not call, and I wrote again to the same address; and that letter was returned by the post—I did not see either Garrett or Smith afterwards, till they were taken into custody—at the Police-office Smith gave the name of John Smith,
Cross-examined by MR. DEARSLEY. Q. I think you said Garrett spoke by word of mouth, and did not write his name at the first interview? A. Yes; he did not write his name—I went to the house where he represented he was carrying on a beer shop—it was in Bath-place, New-road, the corner
of Tottenham-court-road, I found such a house as Garrett represented—it was apparently fitting up for a person who was going to carry on the beer business—it was being fitted up—a new front had been put in—I did not go inside—I did not see any other alteration outside—when Garrett first came to me he said he wanted some beer, he was going to start a new shop—I asked if he required credit, and he said, "Yes"—really I cannot say whether I was the first that mentioned about credit—I advanced the money for the purpose, as I understood, of paying the man who was fitting up the place—he applied for that purpose—brewers frequently advance money to publicans—I believe they do that to insure the custom of the men—I believe they do not do it to get the men a little in their debt—I do not frequently advance money—I object to it—I believe the large brewers do it—I advanced this money for a specific object—I had never known this man before—I would not have advanced the money to any other person, on a man's merely asking it—I would not have advanced this man 25l. to pay the person who might have been pressing him, if he had not been a publican—it was in hopes of keeping the custom of the house—that was the motive that induced me to part with the money—I myself suggested Smith's name to be on the note—when I suggested it, Gerhardt did not readily and at once adopt it—certainly not—he said he must go and see Smith—I believe he came back to me on the subject of the note in the course of the next day, possibly the same day—he said he was a painter by trade—at that time he was a beer shop keeper—but he said he was a painter by trade, and he should be able to paint our sign boards—I believe he did not paint the front of his own house—I do not know.
Q. You say that when you went to Smith he said that as far as he knew, Garrett had some money—not much—not a great deal? A. Yes; and he had known him many years as an industrious hard working honest man—Gerhardt told me he came from Devonshire—no part of the money has been paid, either for the note or the goods—Gerhardt gave me permission to dispose of the lease of the house—that was as soon as the first payment became due at the end of the first fortnight, or within a few days afterwards—we instructed the broker to find a customer for the house if possible—when he said he could not meet the first instalment, he said we might take the lease and dispose of it, and we did all in our power to dispose of the lease—we brought an action for this money against Gerhardt, and the action was stopped as soon as we knew what his character was—we took proceedings after we stopped the action.
MR. O'BRIEN. Q. You first gave instructions for an action, and when you ascertained what character he was you stopped the action? A. We did—I certainly would not have advanced the money on this promissory note if I had not believed Gerhardt to be deserving of the character given him by Smith—I would not have supplied him with any portion of the goods if I had not believed him deserving of that character—it was after he had received all the goods that he instructed us to dispose of the house, about the beginning of November—we did not receive a farthing of money on the lease, or any agreement for a lease—we never had possession of the lease or agreement—after Gerhardt had made this representation to us, he never placed the lease or agreement in our hands—I did not call at the beershop myself.
MR. DEARSLEY. Q. Did you not go to the landlord for the purpose of getting a lease, and did not the landlord say he was bound to grant a lease? A. I did not see the landlord for that purpose, I did for the character of his tenant.
THOMAS MASON . I am a miller, and live at Fordham-mills, in Essex. I dealt with the prisoner Gerhardt, in the name of John Gerhardt he then lived at No. 44, Park-street, Camden-town—he gave his name in writing—I have his signature in this hook, written as a receipt for some flour—I believe this to be his writing—I have seen his writing—we supplied him with flour—he represented himself to be carrying on a corn and potato shop—this was on the 11th and the 16th of July.
Cross-examined. Q. When was this? A. In July and Aug. last—at the beginning of Sept. the shop was closed, and I was left minus 11l.—he had paid in the whole about 40l.—he now owes 11l.—I have seen him write in the Castle Tavern, Mark-lane—he wrote his name and direction in my presence—that was the only time I saw him write.
COURT. Q., When did you last see him in Park-street, Camden-town? A. Some time in Aug.—the last supply I sent him was seven sacks of flour, about 12th Aug.—I called once or twice afterwards at No. 44, Park-street, and did not see him—I was told he was out—when I went, about the 5th or 6th Sept., the shop was closed—I was told it was closed last week—that was about three weeks after I delivered my flour—I had seen a woman there and a boy who I believe to be a shop boy.
JESSE PATENBALL . I am a boot and shoe agent, at No. 114, St. Johnstreet. I sell boots and shoes wholesale on commission for manufacturers at Northampton—I know the prisoner Gerhardt under the name of Gerad—I law him write this name Gerad to this bill of exchange, on 4th Nov. 1851; he represented himself to be carrying on the business of a general clothier, at Wanstead, in Essex—he opened an account with me, and obtained goods from me—I think the first parcel he had was about 20l.—the whole amount was 67l. I have lost by him—I received about 5l. in money from him—this acceptance was never paid—I went to Wanstead to make inquiries, and he was gone; that was after the bill was accepted, some time in Nov. 1851—the amount of this acceptance is 30l., payable at the post-office, Wanstead.
Cross-examined. Q. Did you ever go after the bill became due? A. No; he was gone before it was due—I expect the bill was presented, it was returned to me from the bankers—I thought from his representation to me that he was postmaster—I afterwards heard he did not keep the post-office.
MR. O'BRIEN. Q. Did you go to the post-office? A. No; the shop was shut up.
JOHN LAMBERT PAYNE . I live in Church-terrace, St. Pancras, and am a builder. The prisoner Gerhardt called on me in Oct. last—he gave his name John Henry Garrett, No. 8, College-place, Camden-town—he called in order to have some alteration made in a house in Bath-place, New-road—I gave him an estimate of the amount for the alterations that would be required—the entire amount was 27l.—I made the necessary alterations on condition that the money was to be paid as soon as the work was done—there was extra work, which came to 28l. 16s., altogether—I received 3l.—I inquired at No. 8, Collage-place, for the prisoner, and saw him.
HENRY WILLIAM DUBOIS . I was formerly in the police. I know the prisoner Gerhardt—the first time I knew him, which is about ten years back, he gave the name of Henry Connery—the last time I had to do with him as an officer was in 1847, by the name of Henry Gerhardt—that is his name—I should say the last time I saw him was about three years ago.
FREDERICK FISHER . I live in Clarence-road, Kentish-town. I was clerk to Mr. Kennedy, a house agent—I know the house No. 8, College-place—we had it to let in the beginning of Sept.—the prisoner Hogg came to us to
take the house on 13th Sept.; he represented his name as William Smith, and that he was an engraver—in course of business it is usual to have a reference, and he gave a reference to John Henry Gerhardt, No. 13, Jeffrey-terrace, Kentish-town; I went there one evening two or three days afterwards—I saw a woman; she called Mr. Gerhardt out of the parlour—he came out, and stood in the hall—I told him for what purpose I had called—he said, "I have known Mr. Smith a great number of years, and his father too; he is a very respectable man, you might trust him for double that rent"—upon that I let Mr. Smith the house—he remained in it about two months—he did not surrender the house—he did not pay any rent; he left without notice—having found the house vacant, I went to No. 13, Jeffery-terrace, where the other prisoner lived—I knocked, and no one answered—I inquired in the neighbourhood, and they said he had been gone some time—the house was shut up.
JOSEPH TAYLOR , I live at Grove-end Villa; I am landlord of the house No. 13, Jeffrey-terrace. I let that house to Gerhardt, under the name of Gerhardt—he did not spell or write it—I let it him about the beginning of Sept.—he remained one quarter; no, I am wrong, it was at the Midsummer quarter I let it him, on 25th June; he remained till the end of that quarter—he did not pay any rent—he gave me a reference to a cornchandler and potato shop in Park-street—I do not know the number—I went there, and received a good character—when be left, he did not give me up the keys—every key was gone from all the locks, and the front iron gate too—when I found he was gone, I employed a smith to make keys—I went to the place in Park-street, and that man was gone also.
HENRY GREENHALGH . I am a grocer, and live in Henry-street, Hampstead-road. I know the prisoner Smith; he first came to me in the beginning of Dec.; he gave his name John Smithers—here is his handwritings this is an order he gave me—he was living at No. 40, Augusta-street, Regent's-park—he said he was going to open a grocer's and beershop there, and would I supply him with goods; he should want to rather a large amount, but as he was going to alter and beautify the premises, he should want but a small quantity now—he gave me a reference to a man, but I forget the reference—I did not go to the reference—I supplied goods to the amount of 1l. 17s.—he said he was about expending 100l. on repairs and alterations
JOHN OAKLEY . I am messenger, at the Debtors' Prison, in Whitecross street. I know the prisoner Smith, but not by that name—when he was in the prison his name was Brandon; that was in 1849; he took the benefit of the Act—the last time I saw him was when he was on an indictment at Guildhall, by the name of Thomas Hogg—a true bill was returned, but he was not tried—he has now to be called up, or something, when required.
HENRY VYSE . I carry on business in Wood-street, Cheapside; I am a straw hat manufacturer and merchant. I know the prisoner Smith under the name of Thomas Hogg—he came to my warehouse about 24th Feb., 1849, to the best of my recollection—he said he was an engraver—he ordered goods to the amount of 40l. 5s., 8d.,—I have never been paid for them—I had him arrested and taken to the police-office—he was committed for trial, but he was not tried—I was waiting in the Court for ten days, and it was adjourned to the next Session—he was out on bail—I believe he did not surrender to his bail—it was in this place—I was never paid my money—he was charged with obtaining goods under false pretences.
house of me, at No. 26, Beaumont-street, and opened It as a bonnet shop—he stayed about three months, and carried on the business of a bonnet seller; be never paid rent, and he left without notice.
JOHN HENDLEY . I carry on the business of a boot and shoemaker. I know the prisoner Smithers in the name of Buckland Hogg, No. 26, Beaumontstreet—he ordered goods of me to the amount of 4l., 12s.,—he was in no business, he was with a relative of his; but afterwards he was in the bonnet business—he represented that he was a polished steel engraver.
THOMAS BIRD (police-sergeant E 9). I took Smithers into custody on 5th Jan., at No. 2, Foley-street, Fitzroy-square—the house had been empty till that day—there were persons just moving into it—when I got in the room I told him I wanted him on suspicion of conspiring with another man, of the name of Gerhardt, now in custody, for defrauding Green and Co., brewers, at Hampstead, of money and goods—he said, "I know who has done this for me"—he asked me to allow him to dress himself, which I did—he came down stairs very quietly—on the way he said be certainly had given reference for Harry Gerhardt, but he said, "I will never do so again after I get over this; I mean to cut the lot altogether"—he said, "I never had a penny of the money at all; Harry spent it all in fitting the place up; I never had a farthing"—I know the beershop kept by Gerhardt in Bathplace—I believe it is open now—some other parties have it—I took Gerhardt at the beershop in Bath-place, New-road—he dared me to come inside his bar—he said, "I owed a man 11l."—I took him on another charge.
GERHARDT— GUILTY . Aged 33.
HOGG— GUILTY . Aged 38
Transported for Seven Years.
(Dubois stated that Gerhardt was convicted in 1847, and was sentenced to twelve months' imprisonment.)
MR. O'BRIEN conducted the Prosecution,
THOMAS MASON . My father carries on the business of a flour merchant and miller, in Essex. The prisoner came to the Corn-market about the middle of last July, and purchased some flour of me—he paid me for the first lot, which was about 7l.—it was in the Castle Tavern, opposite the Corn-market, in Mark-lane—he had, in the whole, six lots of flour; I received the money for Ave of the lots, but not the last—after he had bad three or four lots, he spoke about credit—he asked me to go to his house—he said he should like to see me, if I would come up and look at his house and his shop—I went to No. 44, Park-street, Camden-town—that was before I had consented to give credit.
MR. DEARSLEY here consented to a verdict of
GUILTY . Aged 33.— Transported for Seven Years, to commence with the former sentence,
THIRD COURT.—Thursday, February 3rd, 1853.
PRESENT—Sir PETER LAURIE, Knt., Ald.; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury,
FRANCIS BREWER COLEMAN . I am in partnership with Mr. Robert Lewis Gawtrey. We carry on business at No. 3, Loundes-terrace, Knights bridge—the prisoner was in our employ three weeks; on 25th Jan., in consequence of information, I went to a place where our parcels are put for delivery, and found a parcel directed in the prisoner's writing, "Mrs. Williams, 1, Farm-place, Walbam-green;" it was represented in a private character that 9s. 4 1/2 d., had been paid—this is the wrapper (produced); it would have been delivered in the usual course if I bad not noticed it—I opened it, and found it contained fifteen yards of flannel, worth 23s.; I then went to the books in the prisoner's charge, in which the money is checked, and found no entry either of the money or goods—if he had sold the goods, there ought to have been an entry of it in his book, and the cash paid at the desk—I sent for an officer; the prisoner was called up stairs, and questioned as to what flannel he had cut off, to send to Mrs. Williams—he said, "Fourteen yards"—he was asked the price, and said he could not recollect; he had sold it the night before, to a lady, and received the money in the shop—we have no flannel of which fourteen yards would have been 9s. 4 1/2 d.—he was asked to point out in his book the cash he had received in payment for the parcel—he pointed out the sum of 105. 2d. on the day before (producing the book) and stated that the lady had also had a pair of silk gloves, which she paid 1s. 5d. for, and took away with her—I then ordered the remainder of the piece of flannel from which this had been cut, to be brought up, and he was asked if that was the flannel he had cut from; he said, "I believe it is"—he was then asked how the price came to be 9s. 4 1/2 d., when the real price was 23s.—he said be could not understand our private letters, which told the prices—I then referred to the parcel book—this is it (produced)—I find a parcel had been sent on 15th Jan., directed to Mrs. Williams, Walham-green, sold by the prisoner, and the price against it was 9s. 4d.—(that is not the same transaction)—I told the prisoner there was no entry in the cash book of that, and he pointed out two sums of 7s. 10d. and 4s. 10d., on 15th Jan., which he said was the money be received for the parcel—I told him I should give him into custody; he said he hoped we should pardon him, or forgive him, as it would be the death of his mother, or words to that effect; he was then taken in charge—it is the duty of the shopmen to make entries of all sums they receive above 1s.—they have each two books, which are changed at five o'clock every afternoon, and this book would not have been in the prisoner's possession at the time he says he made this entry—I went to the address on the parcel, and found a Mrs. Humphries, who answers to the name of Williams as well—she is housekeeper to Mr. Williams.
JULIA HUMPHRIES . I am a widow, and keep house for a Mr. Williams, who people think is my son, but he is no relation; they call me Mrs. Williams, thinking I am his mother. About two months ago when the prisoner was not in Mr. Coleman's service, I lent him some money—I also told him when he saw a piece of flannel to suit me, to buy it for me, as he understood it, I was not in a hurry for it; it was to be about twelve or fifteen yards, and I was not particular in the price; and if it came to more, I would pay him for it—I never was in Mr. Coleman's shop.
JAMES BUGBIRD (policeman B 211). I took the prisoner in charge—when the cash book was shown him, he pointed to an entry of 10s. 2d., which he said was the amount of money he had received for the sale of some flannel—Mr. Gawtrey asked him to account for the contents of this parcel—he said it contained fiannel, and he had made a mistake, he could not make out the
figures; he did not do it intentionally—I was in plain clothes—I told him I was a police officer, and that he must go with roe to the station—he then said to Mr. Gawtrey, "If I did do it, I did not intend to rob you; consider my poor mother, it will break her heart," or, "it will be her death"—I afterwards went with Mr. Coleman to Mrs. Humphries.
GUILTY . Aged 23.— Confined Twelve Months ,
NOT GUILTY .
MESSRS. PARRY and GIFFARD conducted the Prosecution,
WILLIAM WILKINSON . I am a warehouseman, at No. 89, Watling-street, in the parish of St. John the Evangelist. On 7th Jan. I left my warehouse soon after 5 o'clock, leaving L'Estrange, my clerk and warehouseman, there—I got to the warehouse next morning at about 10 or 20 minutes past 9 o'clock, and found sergeant Shephard there—I received a communication from him in consequence of which I immediately looked to my warehouse, and found the stock and drawers in great confusion—my stock consists principally of silk goods—I missed about 200 pieces of silk, amounting to 2,000 handkerchiefs, partly printed, and of the value of 160l. to 180l.—L'Estrange had been taken away in custody before I arrived; I had not given him into custody, neither would I have done so if I had been present—he is still in my employ—two or three days previous to the robbery, the prisoner Taylor came into my warehouse, and said be wanted a few dozens of silk handkerchiefs—that not being a trade expression, caused me to look at him particularly—I told him I was not the right man to apply to, my transactions were large—he said he was going to Australia, and wished to take out a few dozens with him—supposing he was a countryman, and really disposed to speculate, I said I would endeavour to find him a lot—I made a lot up of twenty pieces of India corahs, and said, "You shall have those for 17l. 10s., the lowest"—he said, "Very well; I will come again, and let you know in half an hour"—he never came back; that was the last I saw of him till he was taken into custody—these twenty pieces of corahs remained on the same spot, and were among those stolen.
Cross-examined by MR. M. PRENDERGAST. Q. Do you occupy the whole premises? A. Only the first floor; I do not live there myself—it is L'Estrange's business to keep the keys of my part of the premises, to lock it up when he goes at night, and open it in the morning—we generally commence business about half past 9 o'clock—I expect the premises to be open as much before 9 o'clock as I can get them, and we dose about half past 5 o'clock; it depends on business—L'Estrange has been in my employment twelve or eighteen months; I have not known him longer than that—there was no one but him in my employ at this time—I had a person, named John Dickenson, who left about three weeks before this occurred—he was taken into custody six weeks or two months ago on suspicion of robbing; he is a bad fellow—he was not taken into custody on the present charge.
Cross-examined by MR. METCALFE. Q. Did you examine the premises? A. Yes; and I have had a locksmith, policeman, and sawyer also to examine them—I cannot tell how the premises were opened—the lock was not injured in any way.
MR. PARRY. Q. As far as you observed, how must the door have been opened? A. I imagine by a key of some sort; there is no scratch at all on the lock—when Taylor called on me two or three weeks before, he was there not more than a quarter of an hour—the rest of the goods were taken from the same counter as where these corahs were.
WALTER SHEPPARD (City policeman, 96). Mr. Truss called me to these premises at about half past 7 o'clock on the Saturday morning—I found Mr. Wilkinson's warehouse door open, and the silk on the counter turned over, and it seemed to be in great disorder, and there were two handkerchiefs lying on the floor—Mr. Truss gave me a carpet bag, containing eleven pieces of silk handkerchief, and a brown paper parcel, containing thirteen piece—I waited till L'Estrange came at 9 o'clock, took him to the station, and charged him on suspicion of being connected with the robbery—he was examined at the Mansion House, and remanded, but from inquiry I made I found he was highly respectable, and not connected with the robbery, and the charge was dismissed—there was no appearance of any violence about the premises; the doors must have been opened with skeleton keys, or some one must have been secreted on the premises—there are no marks at all on the locks or doors—on the evening before, at a quarter to 8 o'clock, I came up after L'Estrange had been helped out by Banks and Morris—in consequence of information, on 17th Jan., I went with Ratcliffe and Bleach to No. 3, Britain's-court, Whitefriars, and found the prisoner Taylor there—I told him he was charged on suspicion of being connected with the burglary at Mr. Wilkinson's, No. 89, Watling-street; he said, "I know nothing about it"—I saw Ratcliffe and Bleach search the room, and saw them find this carpet bag (produced) with this piece of silk and silk handkerchief in it—Taylor, who was at breakfast, said the bag belonged to him, and that the silk handkerchiefs were his wife's—I directed Bleach to take him into custody.
WILLIAM TRUSS . I am clerk to Messrs. Gould, of No. 89, Watling-street, and keep the key of the street door. On the night in question I went over the premises, saw that they were all safe, and I locked up and fastened the outer door at about 18 minutes past 7 o'clock, and took the key away—I thought L'Estrange was gone; I had given him notice that I was going—I went next morning at half past 7 o'clock, and found that the outer door had been opened—there is a drawback lock, and that was only on the catch—I found a parcel and carpet bag lying together in the passage just inside the outer door—one of our porters came up; I directed him to keep watch over the door, and I went over the house—I found Mr. Wilkinson's door, which is on the first floor, open—I went in, and found his silk all strewn about the counter, and there were two pieces of handkerchief on the floor, which I left as I found them—the other parts of the house did not appear to have been touched—I then called Sheppard.
Cross-examined by MR. M. PRENDERGAST. Q. When do you leave? A. Generally about 7 o'clock—I was not there when L'Estrange was taken out by the policemen—there is only one other party in the house besides Mr. Wilkinson and ourselves, that is Mr. Gouldie, who has the second floor front, and the two floors above that, are vacant—I keep the keys of the whole.
ALONZO L'ESTRANGE . I am clerk and warehouseman to Mr. Wilkinson. On the night of Friday, 7th Jan., I was locked in the warehouse, and was helped out at about half past 7 or a quarter to 8 o'clock by two policemen with a ladder; I do not know their names—we have lost 200 pieces, about 2,000 handkerchiefs—they were safe when I left the place—the premises were then perfectly secure—I was taken into custody, and afterwards discharged
—I am still in Mr. Wilkinson's employ—I was never locked in the warehouse before this—there was a key of the outer door in Mr. Wilkinson's private desk, but I did not like to break it open to get it—I identify some of the articles produced.
Cross-examined by MR. M. PRENDERGAST. Q. How long have you been in Mr. Wilkinson's employ? A. Nearly twelve months; I knew a boy of the name of Dickenson at Mr. Wilkinson's; he left about a fortnight before Christmas, I think—I have seen him since—he left for robbing Mr. Wilkinson—I have never been given to understand I had any specific time to leave at; Mr. Wilkinson has never given me instructions to leave at half past 5 o'clock—when Mr. Wilkinson leaves, it is my duty to clean the place up, which takes me a quarter of an hour or so—I ought then to leave—I sometimes remain till 7 o'clock, because I am in the habit of reading there—I have stopped there once or twice to read—I was taken into custody next morning at 9 o'clock, when I was about to go upstairs to open Mr. Wilkin son's premises—I was taken before the Lord Mayor, and remanded—I stayed in the warehouse this night till about half past 7 or a quarter to 8 o'clock—I was reading—Mr. Truss usually shuts up the premises at 7 o'clock, but I was not aware what time it was—when I left I locked my master's door on the inside, and got out at the window—I looked out at the window, saw an officer, told him, he got another officer, they got a ladder, and I got out—I did not speak to any one before I saw the officer—I saw Dickenson last on Friday, at Guildhall—I was desired by the officers to see if I could see Dickenson, and I desired him to come to Guildhall to see if he could identify either of the parties in custody.
MR. PARRY. Q. Was Dickenson charged on this charge? A. No—in consequence of my being given into custody on the matter, Mr. Wilkinson made an inquiry into my character—he did not before me state the result of those inquiries to the Lord Mayor, but the Lord Mayor said I was discharged without the slightest stain on my character.
COURT. Q. How long before you got out did you discover you were locked in? A. About twenty minutes or a quarter of an hour—I then locked the door inside, and made arrangements to get out at the window.
WILLIAM MORRIS (City policeman 419). On the evening of 7th Jan. another officer came to me, and said there was a man locked into Mr. Wilkinson's warehouse, and asked me to come and see if I knew him—I went; I did not know him—I said the best way was to get him out, and take him to the station—the inspector came up, and the person referred us to Mr. Mayers, Friday-street, where he was known, and he was let go—it was between 8 and 9 o'clock, as near upon 8 o'clock as could be.
Cross-examined by MR. M. PRENDERGAST. Q. What was it that occurred between 8 and 9 o'clock? A. The young man, L'Estrange, was got out; it was near upon 8 o'clock.
Cross-examined by MR. METCALFE. Q. You say he was taken to some person he referred to, and discharged; was he taken again afterwards? A. I believe so.
MR. PARRT. Q. Was any charge made against him when you got him out of the window? A. No; I detained him at the foot of the ladder till the sergeant came, to know whether he belonged to the premises or not—he referred us to Mr. Mayers; that was found satisfactory, and he was let go.
JAMES RATCLIFFE (City policeman, 3 7 5,) On Tuesday, 11th Jan., at a quarter before 12 o'clock, 1 was on duty in Earl-street, Blackfriars, and saw Stewart in company with two other men, one of whom I believe was Taylor.
but I will not swear it—the person who I believe was Taylor was carrying a blue bag over his shoulder—I was in plain clothes; and in consequence of what I observed, I followed them about 100 yards, when Stewart and Taylor went into Clerk's, a greengrocer's shop, in the Broadway, and Taylor, I believe bought 6d. worth of oranges—I remained outside, and saw them come out; and as they came out, Taylor handed the bag to Stewart—they walked together about forty yards, and turned into a court—the third man had stood back before the others went into the greetigrocer's shop—I went up, stopped Stewart, and asked him what he had got there—on Taylor's seeing me coming, be ran away—Stewart told me he was employed to carry the bag by two men—I took him to the station, searched him, and found a pocket-book, containing six checks on the British Bank, a knife, pencil, key, some duplicates, and 4d.—he said he had been made a dupe of—in consequence of information, I subsequently, on Saturday, 15th, went to No. 10, Bell's-buildings, Salisbury-square, and saw Taylor there—I asked him whether he knew a man named Stewart, or whether he could give me his address—he said he did not know his address, but he would try and ascertain it for me if I would call again; and I made an appointment to call on the Monday morning, and then left—on Monday, 17th, in consequence of information, I went, with two other officers, to Britain's-court, Whitefriars, and found Taylor there, at breakfast—when I went in, he told me he had left a letter for me at his lodgings, Bell's buildings—the sergeant and me went there, and got this letter (produced)—Shephard told Taylor he was charged on suspicion of being concerned in the robbery at No. 89, Watling-street—he said, "Very well; you can make inquiry if you like"—I searched the room, and found the bag; Shephard opened it, and took out what was in it—Taylor said something about it to Shephard which I did not hear—he was then taken into custody by Bleach.
Cross-examined by MR. M. PRENDERGAST. Q. Stewart was in company with two other men? A. Yes, when I first saw him—he was carrying this bag (produced)—it contains fifteen pieces of silk handkerchief.
Cross-examined by MR. METCALFE Q. How far were you from the three men when you first saw them? A. Not half a dozen yards; I followed them, and kept about the same distance from them—I was in plain clothes—from the time I first saw them till I took Stewart, was a quarter of an hour or ten minutes—when I saw Taylor in custody, 1 said I believed him to be the man I saw on the 11th, but I am not positive of him—I did not say he was not the man—I did not say I did not believe he was the man—when I went to see Taylor I went in private clothes, as Mr. Smith—I had never seen him before I saw him carrying the bag.
MR. PARRY. Q. Did you ever at any time say you did not believe Taylor to be the man? A. No—(The letter wos here read—"No. 10, Bell's-buildings, Salisbury-square. Dear Sir,—Having been called away on very urgent business, I humbly beg you will excuse my disappointing you, but I have made every inquiry about the man of the name of Stewart, and I am very sorry that I cannot give you any information respecting the person; but those parties that gave you my address are the most likely persons to give you that information which you require. I remain yours, T. TAYLOR.")
Cross-examined by MR. METCALFE. Q. Have you not heard Ratcliffe say that he did not believe Taylor was the man be saw with the other men?
A. No—he stated he could not positively swear whether he was the person who ran away or not.
ANNE CARTER . I am the wife of John Carter, of No. 3, Britain's-court, Whitefriars, who is a carpenter's porter; he works at a carpenter's shop. On 11th Jan., Mrs. Bennett; who I work for, came to my house with the prisoner Taylor, who took seven new white silk pocket handkerchiefs from his pocket, two were hemmed, and five were not—Mrs. Bennett said to me, "Carter, will you go and pledge for me these handkerchiefs?" and told me her Harry, meaning Taylor, had made her a present of them—I have heard her call him by that name before, he has been up and down to my room with her—she said she felt annoyed that he had taken them to his mother's to be hemmed, could not the work herself, and Taylor said his youngest sister had hemmed the two, because I remarked their being hemmed—I pledged three of them at Mr. Avant's, in Fleet-street, two at Mr. Tunstall't, sod two at Mr. Fleming's, in Farringdon-street—Mrs. Bennett said I was not to pledge them all at one place, because she wanted to get them back again—I gave Taylor the tickets and the money, which was 5s., 2s., and 2s., in my own room—on Sunday 16th, Taylor brought some clothes to my room, and said he was leaving his lodgings—on 17th Jan., at a quarter before 8 o'clock, he came running up my stairs quickly, and said, "Oh Carter, it is getting too warm for me, I think tome one it after me"—he had some breakfast, and the policemen came into my room and took him away.
Cross-examined by MR. METCALFE. Q. Had you had any communication with the officers before? A. No; I was frightened when I saw them come in—I did not refuse at first to give evidence—I have never been in trouble myself, I have never been charged with anything—I have never been before a Magistrate for illegal pawning—I have never been In the hands of a constable—I have been at County Courts on summonses—I have been in the habit of pawning for Mrs. Bennett; I have worked for her five or six years and have pawned for her, but I always thought she was honest—she told me she should want to have these things back one or two at a time, and so I pledged them at different places, I have known her redeem 10l. or 12l. worth at a time—I was horn in the parish where I live, but have not always lived there, I was twelve years over the water, on the Surrey side—I kept a house myself, at No. 3, Little Surrey-street, where I had three lodgers at the same time, and I worked for Mrs. Bennett during that time—my lodgers were married men and their wives—I did not have women who walked the streets, or women who brought home men—one lodger was a carpenter, and his wife who worked for me at needlewoman—one a plumber and his wife who was buried from my house, and the other an old lady who had the parlour, and sold sweet stuff—after that I kept No. 53, Union-street, Borough-road, for which I paid 14s. a week, and there I had the same hardworking industrious people, both men and women—those are the only two houses I have had—I have lived in Britain's-court two years last Nov.—I came there from No. 83, Friar-street, where I lodged—I am married, and my husband lives with me—I have been married twenty years; my husband bas always lived with me. (The witness appeared very much exhausted, and the COURT adjourned for a quarter of an hour to allow her to recover herself)
MR. METCALFE. Q. You say you pledged these handkerchiefs at three different places, in order that Mrs. Bennett might easily redeem them if she chose; why did you put them in your own name? A. I thought they were her own property—I gave the tickets and money to Taylor—I did not have
the tickets made out in the name of Taylor because, I am sorry to say, I am obliged to pledge for myself sometimes; I was known where I pledged them and they did not ask me my name; they knew me—I did not tell them they were Mrs. Bennett's goods—Mrs. Bennett did not say in what name I was to pledge them—the handkerchiefs were all new; they were separated from each other—I have pledged Mrs. Bennett's rings, and watch, and dresses, and wearing apparel, and new dresses, but her own—I have known her wear the dresses I have pledged, and I have made them—I have pledged new articles for her on several occasions which have not been worn, but I have known them to be her own—I have never pledged for any one but Mrs. Bennett and myself; I have not of late, not for four or five years—I have lived where I am now two years, and before that I lodged eighteen, nineteen, or perhaps twenty months, at No. 83, Friar-street; before that I kept a house at No. 3, Little Surrey-street, near upon two years, and paid 8s., a week for it—before that I was at No. 53, Union-street, between two and three years, where I paid 14s. a week—when I was at Union-street or Surrey-street the police never came into my house; I never saw one in my room till 17th Jan.—I have never lived anywhere as a servant; I have always lived by my needle—the house at Surrey-street was not kept as a common brothel—it was not open for the reception of men and women, and women never brought men there—no common women, prostitutes, lived in that house, nor at the house in Union-street; I swear that—men were never brought by women to the house in Union-street, or Friar-street, but I am sorry to say I have been in the habit of working for women of bad character, and they bring me the work, but I do not ask them how they get it—I have not received any money in this case, or been offered any—Mr. Wood, who was attorney for Taylor, offered to give me 1s., to go and find Mrs. Bennett—Mr. Wilkinson said he would give me a 10l. note if I would tell the truth—he did not put a 5l. note into my hand, and say it should be doubled if I gave evidence; he did not put any money into my hand; he said he would give me double 5l.—I cannot recollect what the first of that conversation was—I had before that said I knew nothing whatever about it.
MR. PARRY. Q. You say Mr. Wood called on you? A. Yes, twice—he brought a letter for Taylor—I have not seen him here to-day—that was on Tuesday night, 18th Jan.; and he came again on Wednesday night, and brought another letter, and gave me 1s. to find Mrs. Bennett—there is no pretence for saying I ever kept a brothel, or that I was ever charged with anything—sergeant Shephard was present when Mr. Wilkinson said he would give me a 5l. note if I would tell the truth—I was not aware at that time that I had done wrong in pledging the handkerchiefs—I was not asked any questions as to whether I knew where the property was—Mr. Wilkinson said he had lost a great quantity of goods, and said, "Finding Taylor in your room, I think you must know something about it"—I said I did not—he said." Well, I will give you 5l., or more than that, if you will tell the truth"—I said I had nothing to tell, for I did not know—I know nothing of the other property that has been stolen; these are the only articles I have pledged—nothing was said by Mr. Wilkinson when he offered me the 5l. note, about my giving evidence in this Court or before the Magistrate.
WILLIAM WILKINSON re-examined, I do not identify this piece of silk, or the silk handkerchiefs, found in the carpet bag found at Taylor's—I know these three lots which were pawned, they form a portion of the property I lost—I speak most positively to them—the whole of these fifteen taken from Stewart belong to me—I identify them by their being my own patterns produced by my block, by me and for me, paid for by me, and never printed before—they had my name on them, but that has been cut off—the carpet bag and parcel found inside the warehouse also contain handkerchiefs of mine, and of the same lot—the parcel contains handkerchiefs of the same pattern as those in the carpet bag.
Cross-examined by MR. M. PRENDERGAST. Q. There is no mark on them? A. The patterns are private marks, because they are my own property—they were designed under my direction—I did not design them myself, my time it too valuable to design—they were partly designed at my counting house, but principally at the designer's house—one person who designs for me lives at Islington, and another at Merton, in Surrey—they are printed at Merton Abbey—I have been in business five years—when I sell things I never cut off the fag, which has my name on it.
Cross-examined by MR. METCALFE. Q. What is ityouknow this white handkerchief by? A. The colour, width, and quality, and when this parcel came from the manufacturer they contained some coloured threads which the weaver marks as a square—they have not got it now—they are merely loose things, the least shake would take them out—here ii one of them (showing it)—I imagine you could not buy handkerchiefs of this kind at Pawson's, or any large establishment—I have not the least idea that you could meet with the goods elsewhere; they are manufactured principally for me, but not exclusively—my impression is that I have all, or nearly all, the manufacturer makes of this cloth.
Mr. PARRY. Q. How many similar pieces to this white handkerchief have you missed, as being robbed of on that night? A. Thirty; these seven formed one piece, and the thirty pieces contained seven handkerchiefs each—this handkerchief (pointing out one), has never been worked before, and could only be got from me.
ALONZO L'ESTRANGE re-examined, I can swear to some of these handkerchiefs—that one (pointing it out), is a new pattern, never worked before in that style, that was found in Stewart's bag—I can swear to this one, which was one of those left in the passage, as never having being worked in this combination before—I can swear to almost all of them as being my master's patterns, but I should not like to swear to them all as not having been worked before—I saw such handkerchiefs on the premises the day before the robbery, and they have been missed since—these seven white ones are precisely similar to goods we have lost.
Cross-examined by MR. METCALFE. Q. Can you say whether any white ones had been sold? A. I suppose not, but I should not like to say to.
TAYLOR. Aged 20.
They were further charged with having been before convicted.
(read—Central Criminal Court, Oct 1850; Henry Thomas Taylor, Convicted of breaking and entering a dwelling house and stealing money: confined one year)—the prisoner Taylor is the person that that refers to.
GUILTY.— Transported for Ten Years each.
(There was another indictment against the prisoners).
OLD COURT.—Friday, Feb, 4th 1853.
PRESENT—Mr. BARON ALDERSON; MR. BARON MARTIN; and Sir JOHN MUSGROVE, Bart., Ald,
Before Mr. Baron Alderson and the First Jury,
MR. PARRY in opening the case stated, that the prosecutor being desirous of purchasing a gold chain, and observing one marked "fine gold, 3l. 15s.," in the window of Mr. Benson, jeweller, of Cornhill, went in and purchased it of the defendant, who was shopman to Mr. Benson; at the same time inquiring if it was all gold; to this the defendant answered it was not gold of the finest quality, but that it was all gold, and upon that the purchase was concluded. Upon its being afterwards examined by an assayer the proportion of gold was found to be so small that the chain was said to be worth no more than 29s., workmanship included.,
MR. BARON ALDERSON inquired whether there was any evidence if know ledge on the part of the defendant. MR. PARRY replied that the position he held as shopman was primd facie evidence of that; coupled with the fact that on being taken into custody he refused to give his name. MR. BARON ALDERSON did not consider that sufficient; if any one was to blame it was the master; it had been held in Rex v. Bower, that exposure for sale where the article was sold by the shopman was exposure by the master; and that seemed precisely this case; besides, here there was no active pretence by the defendant, the prosecutor was the person seeking the purchase, and this was in his opinion the distinction between this case and others, which were referred to by Mr. Parry in argument.
SIR FREDERICK THESIGIR (who with Mr. Clarkson appeared for the defendant, called the attention of the COURT to a marginal note in Rest v Bower, which stated, not that the party was indictable, but that the statute 12 Geo, 2 applied, which statute made the master liable to a penalty.
MR. BARON ALDERSON expressed considerable doubt whether this could be maintained as a false pretence; it might amount to a fraudulent bargain, but it was not of necessity an indictable offence, unless it affected the public at large ultra the individual with when the bargain was made; he would, however, hear the evidence if it was desired. MR. PARRY believed he had stated all the facts. MR. BARON ALDERSON put it to the JURY whether upon these facts they could be satisfied, that the defendant must necessarily have known the real nature of the article sold, so as to make him criminally liable. The JURY replied that it was too doubtful, and found a verdict of
NOT GUILTY .
Before Mr. Baron Martin.
MESSRS. BALLANTINE, PARRY, and HOLL conducted the Prosecution.
HERMAN CHRISTIAN TURCK . I am a member of the firm of Collman and Stolterfoht foreign bankers, carrying on business in London and Liverpool. I know Mr. Pries—I have known him between six and seven years—he carried on business as a commercial agent—he was not a speculator in corn that I was aware of—I was in the habit of making advance of money to him, to a very considerable amount, lately, during the last year—I have at times advanced him above 50,000l.—I have not got in my possession an accountable receipt for corn, on 23rd Oct. (it was here produced)—I know this document—I received it from Mr. Pries—it is dated 23rd Oct., 1852—I advanced him money upon that—he owed us largely at that time—he deposited this with me either the day it bears date or the day after—it is signed, "Brown and Young" (read)—"By order of R. F. Pries we have this day transferred into the name of Messrs. Collman and Stolterfoht, 759 quarters, and four bushels of wheat (and other quantities by various ships) entered by R. F. Pries, and now lying at our granaries, Bermondsey-wall. The wheat is insured against risk of fire by us. Corn Exchange, 23rd Oct, 1852. Brown and Young."
THOMAS YOUNG . I am one of the firm of Brown and Young—we warehouse corn—we call ourselves lightermen warfingers, and granary-keepers. The signature to this document is neither that of myself or my partner, or signed by our authority—my partner is here—goods are warehoused at our granaries by persons having the legal title to them in this country on their arrival—if after goods have been warehoused they are sold and require to be transferred, a similar document to this is issued, if it is required.
COURT. Q. If sold you would give a similar document by the order of the persons that lodged the goods with you, to the vendee? A. Yes
MR. BALLANTINE. Q. According to your custom, do you or not hold yourself responsible for goods that are represented by that document? A. Certainly.
COURT. Q. TO whose order would you deliver the goods which would be delivered upon that document if it was genuine. A. To the order of Collman and Stolterfoht.
Cross-examined by MR. HUDDLESTON. Q. Sometimes I understand you do not give a document of this description at all? A. Never, unless it is required.
MR. BALLANTINE. Q. Do you give a document of that kind when it is required. A. Whenever it is required, not otherwise—in the event of it being required the corn remains ready for delivery to the parties to whose name it is transferred—we do not give any other document than this when we are requested to give any, not when we give a transfer of this kind; it is one similar to this—it may not be in the same words.
MR. HUDDLESTON submitted that this document was not an accountable receipt, within the statute; it must first of all be a receipt; this was a document evidencing the possession or transfer of goods, but not a receipt; it merely amounted to an assertion on the part of Brown and Young, that upon a certain day they admitted the transfer of property from A. to B., and whether the document were given or not, the warehouseman would equally be answerable to the real owner; in support of this view he cited Harvey's case, Russell and Ryan 227;
Clark and Newsam 16, Law Journal Exchequer Reports 296, Reg. v. West, and Clark v. Chaplin, Exchequer Reports 26, were also referred to.
MR. BARON ALDERSON was clearly of opinion that the document in question was an accountable receipt; it implied in substance that the goods had been received by Brown and Young from Pries, for the benefit of Collman and Stolterfoht and would be delivered to them or their order; if that were so it was surely a receipt of goods on the part of Brown and Young, which they would account for to Collman and Stolterfoht, or their order; it implied that they had received the goods, and that they would be accountable to them for them; it was true the word "receipt" was not named, but it was of necessity so implied that no one could see the one without implying the other. MR. BARON MARTIN entirely concurred.
COURT. Q. Were there in your possession goods of that sort of Mr. Pries at the time? A. I should think very likely not; I do not attend to the granary department; my partner attends more to that than myself.
MR. YOUNG re-examined. There were no goods of the kind in our possession.
Q. I believe, though you did not actually advance money upon that document, yet, having it in your possession, you afterwards continued your advances to Mr. Pries? A. I did.
COURT. Q. On the faith of that document? A. Yes
MR. PARRY. Q. Do you know the handwriting of the body of that document? A. It is the prisoner's, the whole of it, except the signature; that I cannot speak to.
COURT. Q. Is it all written, or partly printed? A. It is all written.
MR. PARRY. Q. Do you remember, about 30th Dec, Mr. Pries coming to you? A. Yes, and it was agreed that we should give up this document on his repaying us our advances; at that time he was indebted to us about 50,000l.—I gave him this document back—he said he wanted it, to get an advance of money from other parties—I gave it him, and endorsed it—here is my endorsement across it—it is, "Retransfer the within to Mr. Robert F. Pries;" that was my order of retransfer to him, when he stated that he wanted it for the purpose of raising money—his signature is now underneath it; it was not there when I gave it him back.
Cross-examined. Q. I think after that 31st Dec., when you re-transferred that document, he paid you as much as 20,000l.? A. Yes, upon this retransfer and another—that left a very large balance still due to us, about 50,000l.—he reduced it from 70,000l. to 50,000l.
MR. BALLANTINE. Q. When did he reduce it? A. I delivered this document on 31st Dec, and on 1st Jan. he paid 10,000l., and on the 4th 10,000l. more—I parted with another document at the same time—that leaves a balance due to us of about 50,000l.
EMILE ADOLPHE HERMAN . I manage the business of Mr. Holford. I received this document on 1st Jan. from the prisoner—I knew the firm of Collman and Stolterfoht, and, seeing their name to it, I did not hesitate for a moment to take it; there was also another ware housekeeper's receipt—I advanced 18,000l. on the two.
JOSEPH HUGGETT (City policeman). On 8th Jan. I received information that the prisoner had absconded; in consequence of that information, and inquiries I made, I went to the station of the North Western Railway Company, Euston-square, about a quarter to 9 o'clock in the evening—the 9 o'clock mail train to York and Newcastle was about starting—I was accompanied by a gentleman from the house of Messrs. Monto and Co., who was acquainted with the person of the prisoner—I found the prisoner in a first class carriage; he had got a shawl round his neck, his coat buttoned up, and a skull cap on; I took him into custody—he had 101 sovereigns and 11s. 9d. upon him—I told him I was an officer, and I must trouble him to go back to the City with me—I did not mention the charge—he said nothing whatever to me—he had a carpet bag, which was full of new clothes, and he had also on him a railway ticket to Newcastle-upon-Tyne.
MR. HUDDLESTON to MR. YOUNG. Q. Would you have given a document of this description, signed "Brown and Young," if you had not had goods in your possession? A. Certainly not; it makes all the difference whether we had goods or not in our possession.
MR. BALLANTINE. Q. You would not have given a document of that description unless you had the corn in your warehouse? A. No.
GUILTY . Aged 31.— Transported for Life.
(There were other indictments against the prisoner.)
NEW COURT.—Friday Feb. 4th, 1853.
PRESENT—Sir PETER LAURIE, Knt., Ald.; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. RECORDER; Mr. Ald. FINNIS; Mr. Ald. LAWRENCE; and Mr. Ald. CUBITT.
Before Mr. Recorder, and the Fifth Jury
305. WILLIAM WATTS , feloniously discharging a pistol, loaded with gunpowder and a leaden bullet, at Alfred Carter, with intent to murder him.—2nd COUNT, stating the pistol to be loaded with gunpowder only.—3rd and 4th COUNTS, with intent to do grievous bodily harm: to which he pleaded
GUILTY to the 4th COUNT. Aged 21.— Confined Three Months. (The prisoner received a good character.)
(MR. CLARKSON offered no evidence.)
NOT GUILTY .
MR. LILLEY conducted the Prosecution.
JOSEPH JAKES WILLIAM GRIFFITHS . I am a bookbinder, and live at No. 4, Greyhound-court, Strand. The prisoner was in my service from March till the 13th Sept, when I discharged him—after that time he was employed by me merely as a friend—he came in occasionally to see how I was getting on—at various times he assisted me, and I gave him a small remuneration for his services, as circumstances would admit—I sent him occasionally to the Blind School at St. John's Wood with work, and I trusted him with the check book—the check was filled at the time with the amount for the work
he carried in, and the schoolmaster there signed the account of the work delivered—I have been accustomed to work for Mr. Watts, of Crown-court, Temple Bar, and he paid me every week—that work consisted of sundry office work; nothing connected with the Blind School—I worked for Mr. Watts since 1843—the work for the Blind School was binding books; nothing else—it was my custom to send the work, when complete, to the school, and the schoolmaster signed the check which had been written by me for the amount of the work which I delivered—when the prisoner had got the check he brought it to me—when he came out I said, "Have you got Mr. Wood's signature?"—he opened the book, and showed me that it was signed—I saw the signature, and he put it in his pocket, and it was delivered to Mr. Watts—I saw no more of it—on the 2nd Oct. I sent home by the prisoner fourteen copies of the Epistles to the Corinthians—the charge for binding them was 14s.—I cannot say whether, when the prisoner returned from the Blind School on that occasion, he showed me the check, for I never had any suspicion of him, and did not take any notice—after he came from the Blind School I told him to take the check to Mr. Watts or Mr. Stevenson, and bring me the amount—I think he brought me back the full amount—this is the bill, the receipt, and the check, No. 28, which I gave the prisoner on that occasion—the bill was for fourteen copies Corinthians, 14s., less 5 per cent discount, for Mr. Watts—it is now 1l. 3s. 9d., and for twenty-five copies—the prisoner paid me the sum of 14s. only—sometimes I gave the prisoner a shilling for going to the Blind School, sometimes half-a-crown, according as my pocket would allow.
COURT. Q. When you gave him the receipt it was for 14s.? A. Yes, and for fourteen copies; and the check was for fourteen copies instead of twenty-five.
Cross-examined by MR. O'BRIEN. Q. How long had the prisoner been in your service? A. I should say he had been backwards and forwards somewhere about three or four years—this is the check (looking at it)—it is all in my writing except Mr. Wood's signature and the alteration—I have a memorandum of it—here it is (looking at a leaf of a book)" Oct. 2nd, check No. 28, 14s."—I made this memorandum at the time—this leaf came out of a book which a friend asked me for, and I took two leaves out of it and gave it him—I gave it to a friend of mine—I do not know his name—I cannot call to mind his name—I do not know where be lives—I will tell you as nearly as possible when I gave it away and took the two leaves out; I think it must have been somewhere about Nov. or Dec.
Q. This transaction was on the 2nd Oct, and you gave the book away in Nov. or Dec. to a friend without a name or residence? A. I do not say he is without a name or residence—I cannot tell where he lives—I will give a very feasible reason why I cannot tell—it is only from this leaf of the book in which Oct. 2nd is written that I speak—here is Sept. 12th written here; that was not written at the time the Oct. 2nd was written—they were written at the time of the dates they bear—it is by this memorandum that I know that fourteen Corinthians were sent—I did not enter in any book the money I was in the habit of receiving from the prisoner—Mr. Watts never paid the money less—I did not enter the money in any book of my own—I did not enter what I received when I received it.
Q. What time were you paid the money that you say was 14s.? A. That I cannot say—I should say it was near about 7 o'clock—I received it on the Saturday—whether that was the 2nd Oct. or not I cannot say—I have no distinct recollection of receiving this money, except that I was in the habit
of receiving it on Saturday—I know I did not receive 1l. 3s. 9d.—I know never received more than the amount of the bill I sent in—I am confident of it—I can take my oath and swear to it.
MR. LILLEY. Q. You say you tore two leaves out of a book, was there anything in the part you gave away? A. Not a single thing—it was a new book—he wanted one, and I gave it him—they were pulling down the adjoining premises, and this friend said to me, "Here is a parcel of old stuff, will you have it?" I said, "Being in humble circumstances, I will thank you for it;" and I went up stairs and brought down this book—he was in want of a pocket book, and I gave it him—having refreshed my memory by this leaf I can say that what I sent on that occasion was fourteen copies, and 14s. was the charge.
COURT. Q. Do you remember having any receipt where an alteration was made? A. I have made an alteration by figures over figures, not by scratching out, as this 1s.
FREDERICK STEVENSON . I am foreman to Mr. Watts, of Crown-court, On 2nd Oct. I saw the prisoner—he came to Mr. Watts' office to receive money, according to his usual custom—this is the bill and check which he presented—1l. 3s. 9d. was the exact sum I paid—the amount on the bill is 1l. 5s.—the discount reduced it to 1l. 3s. 9d.—I drew the attention of the prisoner to the erasure in this bill—I asked him how it was that the alteration was made—he said that they had accomplished more work than they thought they should be able to do—it was customary for them to come on Friday, and tell me the probable amount that their bill would be, that I might be prepared for the check—I cannot tax my memory whether he had been on that Friday, but when I found there were alterations he said they had been able to get home more work than they thought of being able to accomplish.
Cross-examined. Q. You paid this money? A. Yes; it is on account of work done for the Blind School—the prisoner used to receive it for about ten months—it was on the strength of Mr. Wood's signature that I paid the money—I never would pay a bill without Mr. Wood's signature—the bill and Mr. Griffiths' receipt were always brought together.
Q. Had such a thing ever occurred before as an alteration in the bill by their having done more work than they thought for? A. There was an alteration once by adding to, not by scratching out—an 0 had been turned into a 9—that was correct—our time for paying money is from 6 till 8 o'clock on Saturday evening.
WILLIAM WOOD . I am master of the Blind School, in Avenue-road, St. John's Wood. This check was presented to me most likely on the Friday—if Oct. the 2nd was on Saturday, it was presented to me on the 1st of Oct. by the prisoner—I have a duplicate of the entry—when it came it had the delivery paper with it, and my paper had Mr. Griffiths' signature to it, showing that I had that number of books—here is on it "fourteen copies of Corinthians"—this I received with the books, and after having examined it I gave the check—the entry on the check was "fourteen Corinthians," the same as this duplicate is—it is now "twenty-five Corinthians"—the books the prisoner left corresponded with the number on the bill and check.
Cross-examined. Q. You gave this, when it had fourteen copies on it, to the person who brought the books, as a receipt? A. Yes; and the person who sent the books would be the person to have this while I kept the counterpart—Mr. Griffiths never brought the books himself, except three or four months before that—there was only one person who brought the books; the
prisoner always brought them—I have no distinct recollection of this transaction—I saw this receipt a few days ago at the police court.
MR. LILLEY. Q. Though you have no distinct recollection of it, are you able to state that this check was correct? A. Yes; Mr. Griffiths only came the first two or three times after he had the work, and after that the prisoner always came.
MR. GRIFFITHS re-examined. The writing to this bill is mine—I sent it in conjunction with the receipt on the 2nd of Oct.
MR. O'BRIEN. Q. Were you not in the habit of sending the check and receipt by the prisoner on Friday? A. Sometimes I could not get it in till Saturday—when the prisoner got Mr. Wood's receipt, he brought it me, and I said, "Have you got Mr. Wood's signature?"—he opened the book, and showed it me, and I said, "Let Mr. Stevenson have that before dinner"—I made the check and receipt out before the work left my premises; I used to give the prisoner the receipt before he went—I said, "Take care of that, Jem"
(The prisoner's statement before the Magistrate was here read, as follows: Mr. Griffiths has forged the checks after they came from the Blind School, and I have been made the dupe.")
The check and receipts were read: "Oct. 2, 1852. 25 copies of Corinthians, half cloth, as per check No. 28., 1l. 3s. 9d." Mr. Wood,—Please to receive 25 copies Corinthians, 1l. 5s. "Received 14 copies Corinthians, half cloth, at 1s. per copy, 14s."
GUILTY of uttering. Aged 27.— Confined Twelve Months.
GUILTY . Aged 24. (The prisoner received a good character.)
Recommended to mercy by the Jury. Confined Twelve Months :
THIRD COURT.—Friday, February 4th, 1853.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Eighth Jury.
NOT GUILTY .
MR. HUDDIESTONE conducted the Prosecution.
JOHN BROWN . I am a cheese monger, at No. 45, Fetter-lane. On 5th Jan. the prisoner came to me and said, "Are you in want of paper?" I said, "What have you?"—he said common office paper, drafts, briefs, reports, and books; he had got a devil of a lot, and would I buy it all—in the course of two or three hours he brought me 20 lbs. of paper, for which I paid him 2s. 6d.; he then brought 32 lbs. more of rather a rougher sort, and I paid him 4s. 6d. for that—I gave it to Davey the policeman.
Cross-examined by Mr. DEARSLEY. Q. What time was this? A. About
5 or 6 o'clock in the evening on both occasions—he did not tell me where he came from, and I did not ask him, we buy so much of that sort of paper, we are so surrounded by law writers—it is a matter of every day's occurrence to have paper brought by boys and laundresses—the outside price for this paper is 1 1/2 d. a pound on account of its being so thick, but we give 2d. for brief paper—I did not know the prisoner before, but from his manner I had not the least suspicion anything was wrong—he said it was waste paper in the office he came from—this is a very small lot compared with some I have.
THOMAS WILCOX . I am a pork butcher, in Fetter-lane. On 4th Jan., the prisoner came and asked my wife if she was in want of paper—I came out and asked him what quantity it was; he said about 28 lbs.—I asked what he wanted a pound; he said he was in the habit of having 2d., a pound, but would take 1 1/2 d.; it was pretty clean—I asked what it consisted of he said old briefs and letters—the next morning, about 9 o'clock, he brought the paper in a bag, I weighed it and gave him 3s. 6d. for it—I gave it to Davey.
Cross-examined. Q. What time did he come to you? A. Half past 2 o'clock, the first day—he came without any concealment—I never bought any paper before without knowing the parties; but I was quite out of paper, and had none to go on with—I did not ask the prisoner his name, or where he came from; I thought from his appearance his story was true.
THOMAS WILLIAM FOES . I am a cheesmonger, at Hammersmith. I know the prisoner, and have bought paper of him—on a Tuesday morning, about half past 9 o'clock, he came to me and said he had some paper to sell; I said what was it, he said old letters and briefs—I said let me see it, and he produced a blue bag—I took out some letters, and asked whose it was—he said it was his own—I asked who gave it him; he said his employers; and that they were either removing or clearing out their offices, I cannot say which—I told him my price was 1 1/2 d.; he gave me no answer, and I paid him 4s. 6d. or 4s. 7d. for it, and he afterwards sold me 54 lbs.
Cross-examined. Q. I suppose you frequently buy paper? A. Yes; I have bought paper of the same description before—I have bought it of waste paper dealers.
COURT. Q. What did you do with the paper? A. The prisoner's father came about it, and afterwards Davey, and I gave it to him.
HANNAH HOLLAND . I am laundress to Mr. Edwin Smith, I am employed to clean his chambers. I know the prisoner, he is Mr. Smith's clerk—one morning I saw some papers in a bag, and the prisoner asked me if I would wait till he came back—I asked how long he should be gone, he said twenty minutes—I said I could not wait, and he said, "When you go shut the outer door;" he did not say where the papers were going—at another time, about three weeks or a month ago, he had some papers in the bag, and said he was going to send them down by the Great Western Railway; he said it was a strange thing to send them in a bag, and I said they ought to be sent in a box.
Cross-examined. I suppose it is not a very usual thing for laundresses to tell briefs and papers? A. I should be very sorry to do it.
JOHN DAVEY (policeman, A 46). I produce the paper I got from Wilcox, Brown, and Foes (produced)—I apprehended the prisoner on the road to London, just beyond Kensington—I told him I was a police officer, and I wanted to take him into custody for stealing waste paper—I asked him if his Dame was James Haggerstone, he said it was not—I told him I was a police
officer, and I should take him back to London for robbing his employer, Mr. Edwin Smith, in the Temple—I put him into an omnibus, and as soon as he got in he began to ask me several questions; I told him he had better not ask me any questions as I might have to use it against him—he then said, "Do you think Mr. Smith will prosecute me?" I said I did not know whether he would or not, I had orders to apprehend him—he then said to me, "What a blasted fool I was to take the papers, but Mr. Smith told me that if I returned his papers he would not prosecute me"—I said, "But you have not done that, you have not been nigh the chambers since"—he then asked me whether I was going to take him to the police station, and whether I had any objection to go to Mr. Smith's chambers first; I said I had none, and I took him to Mr. Smith's, and then to the Guildhall police station, and afterwards to Newgate—I got this office seal with "The Brighton and Dover Railway" on it, from the prisoner's person.
EDWIN SMITH . I am a solicitor, practising in the Temple. The prisoner was in my employ—about half the papers produced belong to me, the others belong to Mr. Bainbrigge, but were in the same suite of chambers—it is impossible to over estimate the value of them; they belong to my clients, and I am liable at any moment to be called on for them—I had some conversation with the prisoner, in which I made him a promise—I was anxious to get back all the papers, and I was not aware of the extent of the robbery.
Cross-examined. Q. What do you mean by being impossible to overestimate them? A. They are papers relating to estates; some of them are original documents—some of them are railway notices—here is a certified office copy of a bill in Chancery (pointing it out); it would cost me 7l., or 8l. to get another—the prisoner has been in my service since last Oct.—he was not also Mr. Bainbrigge's clerk—Mr. Bainbrigge is not my partner, he only occupies a room of mine; he is a barrister—he is a client of mine, and has been so for four or five years—he was originally a solicitor, but was never in partnership with me—he occupies the rooms in common with me, but not the clerk—Mr. Bainbrigge does not practise, he sometimes comes to chambers to write letters, and it is an address for him.
GUILTY. Aged 17.—Recommended to mercy by the Jury. — Confined Six Months.
NOT GUILTY .
LANCELOT RICHARD CREASY . I live at No. 2, York-street, Walworth. On 18th Jan., about 2 o'clock in the morning, I met the prisoner on Finsburypavement—she asked me for some beer—I told her I thought she had had enough, and she had better go home—she walked by my side to the corner of Fore-street; she pulled me two or three steps down Fore-street, and was standing in front of me when I felt a jerk at my waistcoat pocket—I put my hand to my pocket, found my watch gone, and the chain dangling down—I seized the prisoner, and said, "You have got my watch; give it me back; and I pulled her to the corner of the street, and called "Police!"—she did not make any answer, but commenced rolling about, and appeared very much intoxicated, and threw herself down on the pavement, near where there was a grating—I had had the watch half an hour before—it belonged to Mr. Charles
Joseph Bowness, a friend of mine, who had given it me to take care of, as he was not going straight home.
Cross-examined by MR. PAYNE. Q. What are you? A. Clerk to a solicitor—this happened in the middle of the night—Mr. Bowness is a fishing tackle maker—I was going home straight—me and Bowness had been to a friend of mine at Mile End—we arrived there about 9 o'clock, and stayed till half past 10 o'clock, playing at cribbage, and we had a glass of half and half with it; we then went to a dance in the Mile End-road—the admission there was 6d. all round—there were men and women there—we left there about 12 o'clock—we had a glass of negus there between four of us, and a glass of gin and water—we then went round to Bethnal Green Church, I had known the people we were dancing with; they were very respectable girls, and we took them home to the neighbourhood of Bethnal Green Church—they had no male companion to see them home but us, and we saw them to the end of the street—it was then perhaps a quarter to 1 o'clock—we then walked down Bethnal Green-road, and down Shoreditch to the Bank—on the way we called on a friend of mine, who keeps the Flower Pot, in Shoreditch, and had a small glass of brandy and water between us—we did not give the young ladies anything to drink, and we had nothing ourselves coming away from there, until we got to the Flower Pot—it might then have been 1 o'clock—when we left there, we went down to the Bank, and I was going over London Bridge, but my friend said, "Come over Black friars Bridge, it is just as near;" and I went with him as far as Bow Church, where he met with some girl, and I walked back with them as far as a place near Hoxton—there was only one girl—we did not give her anything to drink—I left my friend at the comer of a street in Hoxton, and he gave me his watch, as he did not know the girl—I put the watch into the outer pocket of my coat, the sack pocket, and then went to a coffee shop and had a cup of tea—I there took the watch out of the sack pocket, and put it into my waistcoat pocket with my own, and it was then half past 2 o'clock—the coffee shop was at one angle of the City-road and the road leading to Hoxton—from there I came down to Finsbury-pavement, where I met the prisoner, and went with her to the corner of Fore-street, and she wanted me to get into a cab with her—I met several persons between leaving the coffee shop and coming to Finsbury-pavement, but I did not speak to any one—I may have stopped in Fore-street with the prisoner in front of me two minutes, or it may have been more.
NOT GUILTY .
MR. PLATT conducted the Prosecution.
THOMAS CHAMPION . I live at No. 11, Castle-street, Long-acre, and am a porter. On 1st. Feb., about 5 minutes before 9 o'clock, I am not certain as to the exact time, I was going to bed, and heard a strange foot on the landing outside my room door—I took no notice at the time, but shortly after went down stairs with Mrs. Shakel, and found the prisoner in the passage—he was in the act of taking a key out of the lock of the street door—Mrs. Shakel asked what he wanted there—he said he wanted Mr. Williams, and he lived
on the third floor—Mrs. Shakel said Mr. Williams did not live there; how dare he enter with a key; why not ring or knock—no such person lives there—I stopped with the prisoner, and he up with his fist and struck me; I cried out for assistance, and Mr. Shakel came, and I gave him into custody.
ROBERT SHAKEL . I lodge in this house, and am an engraver; George Stevens, my father-in-law, is the master of the house; it is in the parish of St. Martin-in-the-Fields. I was going up stairs, at 5 minutes to 9 o'clock, and met the prisoner on the stairs—he looked hard at me, and passed me—I am certain it was 5 minutes to 9 o'clock—I went up stairs, and then heard the parlour and street door opened—I went down, and went out into the street to look for the prisoner, but could not see him—it must have been him at the street door; there was no one else who could have been—I then searched the house, and when I got to the top I was called down by Champion, and found the prisoner on the step of the door, and Mr. Champion said, "Is this the man?"—I said it was, and brought him inside the passage—I asked the prisoner for the key of the door—he said. "I have not got one"—he afterwards showed me one, which I tried, and it opened the door—he afterwards tried to get it away from me again—I called a policeman, and gave him into custody.
Prisoner. Q. Was it not a latch key I gave you? A. Yes
WILLIAM AUGUSTUS B ARNETT (policeman, F 97). I was called to this house at about a quarter past 9 o'clock, and found the prisoner there—I took him to the station, searched him, and found this black bag, rolled up into a very small space, in his outside coat pocket, and this bunch of keys (produced), amongst which there is a skeleton key.
(The prisoner's statement before the Magistrate was here read, as follows: "I had been drinking with a man named Williams, and went to look for him in this house; I showed the witness the key with which I opened the door."
NOT GUILTY .
GUILTY . †— Confined Eighteen Months.
Before Mr. Common Serjeant.
FAHAY pleaded GUILTY . Aged 14.— Confined Twelve Months.
FINEY pleaded GUILTY .** Aged 15.— Transported for Seven Years.
MR. THOMPSON conducted the Prosecution.
MICHAEL DOWLAN . I am an engineer in the service of the Eastern Counties Railway Company, and also keep a grocer's shop at West Ham, which the prisoner managed for me—he was my servant, I allowed him at the rate of 6s. 6d. a week, he was satisfied with that, he did not require any more—about the middle of December I had 45l. 1s. 1d., which I kept
in this small workbox (produced); it was locked, and I placed the key alongside of the box in a larger box, which was also kept locked, and of which the prisoner kept the key—he kept part of his clothes in it—my wife was the prisoner's adopted daughter—on Saturday, 11th Dec., between half past 3 and a quarter to 4 o'clock, the prisoner came, rapped at my window, and handed me the key of the door, which he has often done before when going to market, he bid me good morning and went away—when I left to go to work at half-past 5 o'clock, he had not returned—I returned again at a quarter to 1 o'clock; I did not find the prisoner there, and I received intelligence that he had not been home—I suspected him, immediately went up stairs, forced the larger box open, and found that this box had been unlocked, and the money taken out—there was 45l. 1s. 1d. in it when I counted it on the Monday, and this was Saturday; I found this note in the box—I believe it is in the prisoner's writing (read—"Mr. Dowlan; Sir, I have not robbed you, for you gave it to me"); I saw nothing of the prisoner till he was brought back by a policeman—the large box belongs to me as well as this one—the prisoner was not in any way partner with me, only my servant.
Prisoner. Q. When did you give me 6s. 6d. a week, did you ever give me a farthing? A. After your wife's death you came and said you should come and live with me, for the respect you had for my wife; I told you you might do so if you liked, and you agreed to give me 6s. 6d. a week for your board, lodging, and washing—after being so a short time, you complained of not having exercise enough, and introduced shop business to me as you had been in the habit of carrying on business, and represented that it would be a benefit to me as I could keep my situation still; and it was agreed I should allow the 6s. 6d. instead of wages, and that you were to manage it; I agreed to give my lodger, at No. 2, notice, and open a shop there; after your wife died, you talked about going into the College, and agreed to sell off your furniture, that must have been in 1851; you were in the habit of going to market two times a week, at 4 or 5 o'clock in the morning, and you generally gave me the key.
MR. THOMPSON. Q. Did you buy his furniture of him from time to time? A. Yes; I have the receipts for the payments—(the witness here produced two agreements dated 1848 and 1849, in which the prisoner agreed to sell him certain furniture).
COURT. Q. How did he come to live with you? A. He came to me as a lodger after his wife's death, and selling off all his place—he remained as a lodger for about three months, and I boarded him as well—he paid me 6s. 6d. a week for it—his wife died the same morning the Great Exhibition opened, and he came to live with me about two months after—we began business about Oct., and it was agreed I should allow him the 6s. 6d. for conducting the business—he had no share in the business, whether there was loss or gain he would receive equal—the chest in which this little box was, and also the little box itself, I had purchased of the prisoner—I allowed him to use the chest.
Prisoner. My wife died on 23rd June, 1851. and I came on 13th Nov. Witness. You came two months after your wife's death—we commenced business five months after your wife's death, I cannot say exactly the month; we did not commence business on 26th March, 1851—I did not agree with you that the profits should be divided between us, you were perfectly satisfied with the 6s. 6d.
taking him in custody for robbing a man named Dowlan, and I read the warrant to him—he said, "It is not all his money that I took"—I searched him, and on his person found 1l. 10s. in gold, 8s., and 1d.—at his lodgings I found twenty sovereigns, and a quantity of new wearing apparel, obtained from a tailor's, at St. Helier's—he was living apparently sumptuously, he was in the habit of going to a public house every evening—he had taken his lodging for a quarter, but paid weekly, and he said he was going to return to England on the following Monday—whilst taking him from the steam boat, at Southampton, to the station, he said, "This is a bad job, I suppose it will be an Old Bailey case?"—I said, I knew nothing about it—this bag contains the money—I found twenty sovereigns and 30s. (produced); and here are several articles of clothing, some unfinished, and a silver watch and guard (produced).
Prisoner. Many of those things I have had for years; I have had the watch about thirteen years.
HENRY SIVVER . I manage my father's business—he is a grocer, of Stratford. I know the prisoner; three or four days previous to his going away he came to our shop, and said, "Supposing a hardworking young man was to save 5s. or 6s. a week, and put it into the hands of another person, and that person was to abscond with the money, would that be a case of felony, or a case for the County Court?"—I told him I could give him no advice whatever upon it—he said that lately a man had absconded, and he wanted to get the money back for this hardworking young man—on Friday, 10th Dec, the prisoner came with 10l. in silver, in a little bag, and asked me to give him gold for it, which I did; and in a quarter of an hour he came again with a bag full of crowns and half crowns, another 10l., and asked me to give him gold for that, which I did—I said to him, "You are very flush of money this morning"—he said he had been collecting rents, and that was the proceeds.
Prisoner. Q. Did not I ask you to give me 3l.-worth of silver? A. No; I did not say I could change you 10l. more if you liked.
ELIZA WHITBREAD . I am housekeeper to the prosecutor, and know the prisoner. On the Thursday evening I saw the prisoner in the back room, where the prosecutor and he were in the habit of sleeping, and where this large box was kept, counting gold from silver—he was sitting on the large chest at the time.
Prisoner. Q., You say I was counting money? A. Sorting gold from silver—I was passing the back room door at the time—that is not a different statement to what I made before the Magistrate—(the witness's deposition was here read, at the prisoner's request: "I am housekeeper to Michael Dowlan—on the Thursday before the prisoner absconded I saw him counting money over in the back room—he was separating the gold from the silver—he had a pen and ink before him—I observed this from my bed room, close by, and was surprised to see so much money—Mr. Dowlan was not at home; he was at his work.")
Prisoner. Did not I tell you a month before that I was going to leave? Witness. No, you did not tell me to get your things together; I never had the care of your things—I did not, at the time I was lying in, say that I was not allowed any money to buy anything.
(The agreements before referred to were here read.)
Prisoner's Defence. Those agreements have nothing to do with the year
1851, when my wife died; the prosecutor cohabited with the witness Whitbread while his wife was alive, and she broke her heart through it, and it was also the occasion of my wife's death.
GUILTY . Aged 63.— Confined Twelve Months.
EMMA SEATON . My husband's name is William; we live at Stratford. On 20th Jan., I went to Mr. Scott's shop, and made some purchases—I had a half sovereign, which I laid on the counter while I went and held a piece of bacon to be cut—I put the half sovereign on the counter towards Jane Scott, who was serving me—the prisoner was in the shop very near to me, and no one else but Miss Scott and myself—when the bacon had been cut I turned round to pay for it, and the half sovereign was gone—I spoke to Miss Scott about it; I thought she must have taken it up, and put it in the till—she said she had not taken it; she had no gold at all—the prisoner had bought a piece of pork, and was trying to get out of the shop as soon as she could, but she first turned her pocket out, and said all she had was 6 1/2 d.—that was before she was accused of taking the half sovereign—she said she must go home to prepare her husband's dinner, and left.
Prisoner. Had not I 9d.? Witness. 6 1/2 d. was all I saw; it was in a pocket handkerchief.
JANE SCOTT . I am daughter of Mr. John Scott, of Stratford, and attend to his shop. I recollect Mrs. Seaton and the prisoner being there—there was no one else in the shop—Mrs. Seaton was going to buy some bacon, and I recollect seeing the half sovereign on the counter—Mrs. Seaton afterwards spoke to me about it—I am quite sure I had not taken it up—I looked in the till, and I had no gold at all; and I looked all over the floor, outside the counter and inside.
WILLIAM JAMES LAWES . I am a pawnbroker, at Stratford—On 20th Jan., between 2 and 3 o'clock, the prisoner came to redeem a parcel, which came to 6 1/2 d.; she gave me a crown piece and a halfpenny in payment.
WILLIAM HENRY CAMPBELL (policeman, K 44). Aout 6 o'clock on the 20th Jan. I went with Mrs. Seaton to the prisoner's house—I told her she was charged with stealing a half sovereign from Mrs. Scott's shop—she said she did not do it, all the money she had was 9d.—I told her that she had tendered 5s. at the pawnbroker's; she denied it, and said she would go with me to the pawnbroker's—she went with me to the pawnbroker's—they said she had tendered the 5s., and she said she had not—she was then taken to the station, and searched.
ANN OWEN . I am female searcher at the station. On 20th Jan. I searched the prisoner—she held out her hand and showed me 3 1/2 d., which she said was all the money she had—I searched her further, and on taking off her dress I saw her take a handkerchief from her bosom, and put it in her skirt behind—I took it from her, and found in it 4s. 9 1/2 d.—she said it was not hers, it belonged to a baker.
NOT GUILTY .
Before Mr. Recorder.
EDWARD MEESON . I live at Stratford, in the parish of West Ham, and am a coal merchant. I had twenty-four cocks and hens, which I kept in a hen house opposite the counting house, at the back of a row of houses—I
used to attend to them myself, and knew them—I saw them safe on Tuesday, 4th Jan., at 6 o'clock, when they were locked up—when I went to feed them the next morning, about 9 o'clock, I found some tiles had been removed from the top of the hen house, and I missed one Cochin China cock, and five half bred Cochin China fowls—I saw the skins of them afterwards at Bow station, and could swear to them.
JOHN SMITH . I live at Stepney, and am night watchman to Mr. Meeson. I came on duty at a quarter before 6 o'clock on the evening of 4th Jan.—I went and examined the hen house—I found it locked up and secure—I stayed on duty till a quarter past 6 o'clock on the following morning—the hen house was then all safe for what I could see—it was locked up as usual—I did not notice that the tiles had been taken off—I saw no thieves—in consequence of information, I went with the policeman on Saturday evening, 8th Jan., about 10 o'clock, to Mr. Toay's premises, with Maloney—I went to a heap of breeze, where Malony stated that the fowls were buried, and after scratching about three inches down, I found four fowls, and in two or three minutes more I found two more fowls—Maloney was the man who came to me on 8th Jan., about 10 o'clock in the evening, and he took me and the policeman to the heap of breese—I wish to state that I saw Meers on our premises about a month before, at 2 o'clock in the morning.
JAMES MALONEY . I am a labouring man at Mr. Toay's, who does all the barge work. I know the three prisoners—I was at the Coach and Horses public house on Saturday night, 8th Jan.—I was there at 4 o'clock, at 6 o'clock, and a little after 8 o'clock—I saw How and Meers there about 6 o'clock—I was not in their company, but I heard them in converse—I heard How say to Meers, "I will get you lagged for stealing Meeson's China cock and hens"—they began to lark with one another, and Meers said, "Poor Webb is in for it, and here is the blood on my trowsers"—they both said that—they said it to me as I stood by the fire—they were telling me—How said to Meers, "I will get you lagged for Meeson's China cock and fowls, and you will wear the ring round your leg;" and Meers turned round and said, "Oh, poor Webb is in for it, and here's the blood on my trowsers"—I looked at them, and saw the blood on the side of his trowsers—they both told me they had hid them in the breese—they said they had killed six—How said to Meers, "We will go down, and take them out of the place to-night"—I said, "If you do, I will tell the watchman;" and I went and told the last witness. How. He has been convicted twice for felony. Witness. Yes, I was, and I did my punishment—I am sure you said what I have told.
How. I was at work with this man one day that week, and earned 3s., and in the evening he gave me 1s. 10d., and promised to let me have the rest on the Saturday; I asked him for the 1s. 2d., and he said he would smash me; he had been in the public house, and heard about the fowls. Witness. We could not get any more that night—Harrington paid us 1s. 10d. a piece—I promised to let him have the rest as soon as we got the money from the foreman—we received it on the Saturday night—I had my 1s. 2d., and likewise the prisoner—I did not receive a farthing for him—I was in the Coach and Horses—How did not ask me anything at all about it—I did not say I would put him away for Meeson's fowls—I never mentioned a word of it—I was present when How asked Harrington for the remainder of the money, just by the Five Bell-bridge, and Harrington said they would receive the money at night—it was not said that they had shared How's 1s. 2d. amongst the four of them—I was convicted of stealing some brandy and wine in High-street, Poplar, but I got off for it.
Q. But you said you were convicted? A. No, I got off—I was put in the first time for three months for stealing a shirt in the West India Docks—the last time I got off—I was never tried at Clerkenwell for picking a woman's pocket; I got three months there for a shirt—I am not in a police court nearly every week.
Meers. What he says is false; he said, "I will take and get you locked up for Meeson's fowls;" I never spoke anything to him; I heard what they said; I then went to see for work; there was ne'er a wagon up, and I went and told the watchman. Witness. I did not tell Meers on the Sunday morning to be away; I never saw him on Sunday morning.
JOSEPH HOLDEN (policeman, K 427). On Saturday night, 8th Jan., I went with Maloney and Smith, the watchman, to Mr. Toay's premises—I was present when the fowls were found, three hens and a cock in one place, and two hens in another—I took possession of them; I produced them before the Magistrate—Mr. Meeson saw them afterwards—I apprehended How and Webb on Saturday night, 8th Jan., near the Coach and Horses, outside—Maloney gave me the information—I told How and Webb the charge against them, for stealing Mr. Meeson's fowls—Webb said, "I think you are wrong"—I took them towards the station, and as we were going along, How said to me, "Is that your way you pick us up a Saturday night job?"—I got near the Black Swan—there were some persons standing at the corner, and I believe there were some also following—Webb said, "Good night!"—some one said, "You don't mean that?"—Webb said, "Yes; good bye, good bye! good night!"
Webb. I did not say, "Good night!" I said, "Good bye!" Witness. You said, "Good night!" I know—"all right" was said at the station house—Maloney was brought to the station, and I asked him if these were the two,—he said they were—he had given me the names of three persons who stole the fowls—I meant by the two, two of the three—Maloney said, "Yes"—he then produced this note, and said, "Look here; I have been accused of stealing the fowls, I and my relation; Harrington and I were not going to get into trouble for what others have done; if either of you can read, read this; some one sent this to Mr. Meeson, that me and my relation stole the fowls"—neither of the prisoners said anything to that, and they did not read it—this is the note (produced)—I do not know whose writing it is—I have tried to find out, but cannot—I understand it was under the watchman's box—Maloney said, "I and my relation have been accused of this;" and I think he mentioned the word nephew as well; but Harrington is his relation—he said, "I am not going to get into trouble for what others have done;" and he turned to How and said, "How should you have done?"—How turned round and said, "I should have done the same as you have done, Jem"—Maloney then said, "You know you stole Mr. Meeson's fowls, and buried them in the breese; there you stand, you can't deny it"—How then said, "That is right enough, Jem; all right, all right"—I did not hear Webb say anything—I looked at How's dress, and found some stains, but I cannot say what it was—I did that in consequence of information from Maloney, previous to my taking the prisoners.
How. Maloney brought a letter to the station to say that he and Harrington were in for the fowls; I don't believe Mr. Meeson wrote it; Maloney said I had nothing to do with it, and I said, "That is all right." Witness. No, he did not say that.
COURT to JOHN SMITH. Q. Do you know anything about this letter? A. Yes; on Saturday the 8th, while Maloney was with me giving me the
information, Mr. Freeman, the foreman, came and said, "Look here, Smith, here is a letter"—it appears it was put under Mr. Freeman's door—I do not know the handwriting—I took the letter to the station.
WILLIAM BURTON (policeman, K 138). In consequence of information I went to the Bombay Grab public house, just at the lower part of Bow-town—I found Meers and some other persons in the house—one man said, "I will go outside and see whether all is clear, or else you will be along with How and Webb; they have got them tight enough"—I am sure he said that.
Q. Did you say before the Magistrate that a person said, "They will have you with How and Webb? A. Yes; he said, "I will go and see if all is clear, or else they will be having you with How and Webb; they have got them tight enough"—that person then went out and came back again—I was in plain clothes—when he came back he said to Meers, "You had better go"—Meers was just in the act of getting up to go, and I said, "I want you, Meers;" he said, "All right, I know what you want me for;" I said, "What do I want you for?" he said, "I suppose for being along with How and Webb, stealing Mr. Meeson's fowls"—I took him in custody—I told him I wanted him on a charge of fowl stealing, being concerned with How and Webb—he said, "All right, I will go quiet."
PATRICK GOURLAND . I work for Mr. Meeson. I know Meers—I remember the night when the fowls were stolen—on the day before that I saw Meers go into the Barge Aground, which is near my master's premises, about 6 o'clock—on the following day I saw Meers again, a little before 12 o'clock, in the Coach and Horses—he said to me, "Look at my trowsers"—I looked at them, and saw blood on them—I asked him what done that; and he said, "I have been murdering all night"—I saw him again the next day, as I was going to the Coach and Horses, about half past 2 o'clock—he called me into the tap, and there was Webb, and How, and him—he said, "You heard me talk about the fowls being stolen?"—I said, "Yes, but I cannot tell what it was"—when I was in the hen house How hallooed out, "Where are you, you b—r?" and Meers hallooed out, "In the hen house, to be sure;" he was saying that to Webb and to How; Meers said he pulled four tiles off and jumped in the house, and put his cap over his eyes to prevent the cock from pecking them, and he said they got four fowls, and went and buried them—he said that to me; and he said to How, "When I was in the hen house How said, 'Where are you?'"—he told that to me.
Q. Which do you mean; did he say it to you or not? A. Yes; when Meers was in the hen house How hallooed out, "Where are you?"—he was saying so inside when Webb, and How, and me were there—I did not go and tell my master immediately—he sent for me, and then I told him—it was on Wednesday and Thursday that I heard them say this—I did not tell my master the same day, I told him on the Friday—they were not taken till the Saturday—I was not before the Magistrate—this examination was taken down, and I put my mark to it last Friday—I do not work in the same place where Maloney works; he works for Mr. Toay—I cannot write—I heard Meers say this on Wednesday and Thursday, and on the Friday week afterwards I told it to Mr. Holden, the policeman—I do not know who put this letter under Mr. Freeman's door—I am sure I know nothing about it—I have never been in trouble myself.
How. I was not present—he has said nothing about me.
Meers. It is all false what he says; I never said such a thing.
conveyed the prisoners from Leytonstone Union to Ilford Gaol—I did not hold out to them any expectation of any benefit—in going along How said, "What a nice fellow that Jem Maloney must be to turn round upon us; I could put him on one side if I liked; I could get rid of him if I liked; I could lag him, for he gave us a shilling off of the fowls"—I made no remark—How said, "I will settle him after a bit"—that was all that passed—I understood it that Maloney was going to buy the fowls, and he gave him a shilling off of them.
How, I did not say that.
Webb. I know nothing at all about it; I was not there. (Webb received a good character.)
NOT GUILTY .
GUILTY . Aged 26.— Confined Six Months.
Before Mr. Common Serjeant.
GUILTY . Aged 20.— Confined Two Months.
Before Mr. Recorder.
GEORGE GULL . I am a Russia broker, and live at Greenwich, the female prisoner was in my service about five weeks; she came about two months since—about a week before she left she said her husband was out of employ, and asked me if I could get him a situation; I took him into my employment in the City as messenger and porter—he occasionally called at my house at Greenwich, but not often—the prisoners passed as man and wife—before the female prisoner left I missed some table linen, matting, and fringe—we did not miss any books, but some were found in her box—on Monday 17th Jan., in consequence of some information I received I went to Newton-place, Greenwich, with a constable—that was a month or five weeks after the female had left my service—I saw her there in a lodging up one pair of stairs—she was standing upon some matting—I said, "Mrs. Smith you know whose that is; how came that there?"—she said, "I brought it from your house" this is it (produced)—all the property mentioned in the indictment was in the room—she was asked for the key of the box; she said her husband had it—I brought her husband in, he gave the policeman four keys, and my impression is that he said "These are all the keys I have got"—the policeman tried them and said neither of them was it, and then she said that she had the key—she then took it out of her pocket, and the policeman opened the box with it, and in the box I saw more of my property, some jam and some fringe, a tea caddy, and some printed books—the male prisoner claimed the jam, he said he brought it up from Dart ford—when the box was
opened the policeman asked him whose box it was; he said, "It is mine;" and claimed all in the box—the policeman asked him before the box was opened if the property there was his, and he said, "Yes"—after it was opened the policeman said, "What jam is this?"—he said, "It is mine, we made it two years ago, and I brought it up from Dart ford;" it had papers tied round it—I said, "I think that may be my jam, and if it is it will have a label on it in my daughter's writing"—here is the label on it—he said he had had as many as twenty pots of it—I knew the books to be mine directly I saw them—the female prisoner said she was fond of reading—I found a walking stick of mine in the room, which had been kept at the office in the city—I spoke to the male prisoner about it, and he said he had brought it from the city—from the explanation he gave afterwards, I thought he might have brought it to carry a parcel.
JOHN WHITE (policeman, R 180). On 17th Jan. I went to No. 4, Newton-place, where the female prisoner was lodging—I found her there, she took me up stairs into her room, and I told her I must search it—I saw a box and asked her for the key; she said she had not got it, her husband had it—I sent Mr. Gull, who had followed me to the house, to fetch her husband; he was brought, and I asked him whose box it was; he said it was his; I asked him for the key, he put his hand in his pocket and produced three or four keys which I tried, but they would not undo the lock—he turned round to his wife who put her hand in her pocket and gave him out a key which he gave to me, and I opened the box with it and found five pots of jam—he said he got them from Deptford, and had had them two years—I also found a tea caddy in the box next day when the prisoners were not present.
GEORGE GULL re-examined. This is the piece of matting I spoke of, I am sure it is mine; but the male prisoner can know nothing of that as it was missed before I knew him—on the first day that we engaged his wife the prisoners were, I believe, sleeping in the same house, but were not living as man and wife—he said it was his room and that he slept there, and the woman said the same—I cannot charge my memory as to whether he said that the room in which the things were found was his
MART WILTSHIRE . I am the wife of William Wiltshire, of No. 4, Newton place, Greenwich. The male prisoner lodges at my house, and sleeps with another male lodger there—the female prisoner passed as his wife, but slept with me, as my husband is a baker, and is not often at home—the room in which these things were found is the room where the male prisoner slept, with another lodger of mine—he came to lodge with me about three months after the female prisoner—it was at the time he came up from Dartford, and went to Mr. Gull's—he lived with me about a week before he went there, and used to come backwards and forwards to his wife—I cannot say whether he came before she left Mr. Gull's.
Prisoner's Defence. I was away during the time the things were missed; my wife sent for me, I went, and Mr. Gull engaged me; my wife had the key of the box, as well as myself; the books I know nothing about; these things might have been got before I went to Greenwich—I brought three pots of jam from Dartford, I know nothing about the others.
GEORGE GULL re-examined. No paper was pasted over the jam, but it was put over the top, over our papers which had not been taken off—I made him take off his paper, and then I saw my daughter's writing underneath—he said he put the papers on; I have no doubt of that.
Prisoner. I put paper on three pots only. Witness. He did not say at
the time that he put it on three of them only—he made no selection at the time—the same description of paper and string was on the whole of them—only one pot had my daughter's writing on it.
NOT GUILTY .
MARY SMITH pleaded GUILTY . Aged 32.— Confined Three Months.
EDWARD ALEXANDER KERR EDGAR . I am a clerk in the Custom-house, and live at Greenwich. The female prisoner was in my service for nine weeks; she left yesterday fortnight; she came to me after leaving Mr. Gull; she left my service of her own accord—during the time she was there, I saw the male prisoner twice, but I know he was several times in the house; he was allowed to come—I have spoken to him; on Monday, 17th Jan., in consequence of information I received, I went with the constable White, to No. 4, Newton-place, Greenwich—I went up into a room that was stated to be the prisoner's, and there saw some books of mine; one of them had my same stamped on the cover—there was a box in the room, which she said was her husband's, and he had the key—shortly after, her husband came in he produced to the policeman several keys, three I think; the policeman tried each of them, but neither of them was the right; she then produced the right one, and on opening the box there was a jelly pot of mine found, which I knew, and it is the only thing I knew to be mine—this is it (produced)—I know it by its having a fish at the bottom—there may be other jelly pots with fish on them, but that was the subject of a family joke some months before, and that stamped it on my mind; I could not swear to it—the policeman found a coat on the bed post, in the pocket of which he found a white pocket handkerchief of my wife's, marked with my name in full, "Edgar, 6"—his wife said, in his presence, that the coat was his; at all events he owned to it afterwards; he said he had not worn the coat for three months—several nights afterwards a silk handkerchief of mine was found in my presence, in the pocket of a coat which was hanging behind the door of the sitting room below; the landlady said the coat was the prisoner's—he was then in custody—that handkerchief has not my name on it, but I had bought two; one I missed, and here is the other; it is exactly the same pattern; I believe it to be mine—some socks were afterwards found by the policeman, I do not know when.
JOHN WHITE (policeman, R 180). I saw a coat hanging on a bedstead, I asked the male prisoner if it belonged to him—he said, "Yes;" I searched the right-hand pocket, and found this handkerchief, which Mr. Edgar claimed—I asked the prisoner how be accounted for it—he said he had not worn the coat for the last three months, and did not know how it came there; I took him into custody that day—on a subsequent day, I think two days afterwards, I went again to the house, and saw a coat hanging in the front parlour, down stairs, and in the pocket found the other handkerchief, which Mr. Edgar believed to be his—I produce a pair of socks, which I got from Mr. Gull—it seems that the landlady of the house had them from the prisoner, to wash, and she took them to Mr. Gull—they have Mr. Edgar's name on them—I have never shown the silk handkerchiefs and socks to the prisoner.
MARY WILTSHIRE . I am the landlady of this house. I was present when the policeman found the coat hanging in the parlour; it was the prisoner's, I had seen him wear it; he found this silk handkerchief in it—
I have washed that once or twice for the prisoner—these socks, I found dirty in his box, when Mr. Gull came to see if there was any of his property there, and I washed them, and took them to Mr. Gull—I believe I had washed them once before; they are men's socks—they were in the same box that the other things were in—none of the female's things were in that box, they were men's clothes—I do not know anything about this white handkerchief; I bare seen him use this silk one.
Prisoner's Defence. My wife gave me the socks one Sunday evening, and said Mrs. Edgar had given them to her; the white handkerchief I know nothing about; I told my wife I wanted some handkerchiefs, and she said she would buy a few, and I suppose she bought them; I was at Mr. Edgar's house time after time; if I had known these things had been stolen, I should not have been there.
GUILTY . Aged 32.— Confined Three Months.
GUILTY . Aged 16.
Recommended to mercy by the prosecutor. He received a good character, and one of his former masters engaged to employ him again.
Confined Three Days.
to which she pleaded
GUILTY . Aged 21.— Confined Three Months.
JONATHAN BLAKE . I am a soldier in the Marines, and am servant to Lieutenant Fitzgerald, who is quartered at the Marine Barracks at Woolwich. I had the care of my master's plate. On Wednesday morning, 26th Jan., I saw it safe at 7 o'clock—I did my work in the kitchen, and then went up stairs to do my work there—after I had done my work there, Lieutenant Fitzgerald sent me into the town, to a chemist's shop—I had left the plate in a drawer in the kitchen, and the key was in the drawer—that was about 8 o'clock—when I came back I went down stairs to the kitchen, and the prisoner was standing at my kitchen door—I cannot say whether he is a soldier—he said that he was poorly, and asked whether I had any milk to give him—the kitchen is under the quarters—each servant has a kitchen, and there is a back yard to the kitchens—there are four kitchens in each passage—a person on the outside to get into the kitchen would come through the parade, and in at the doors which are always open—he would go into the passage and down stairs from the passage—there is nothing to prevent their going in, and straight down—when the prisoner asked me for milk I told him I had none to give him—I locked my kitchen door and went to my barrack room, and had my breakfast—I did not see the prisoner again till he was in custody—I was preparing my master's breakfast, between 9 and 10 o'clock, that morning, and I found there had been two spoons and two table forks taken out—they were Maltese silver—they were bought at Malta, where I had been with my master—I also missed a pair of boots that my master had given me, which I had left under the stool in the kitchen.
HENRY JAMES SUMMERSLEY . I am a corporal, in the Marines. I was on duty on 26th Jan., at the Marine Barrack gate—I saw the prisoner between 7 and 8 o'clock—he came to me and stated that he knew Mr. Fitzgerald, and
wished to see him—I said, "I don't know whether he is here"—he said he had been a steward in the same ship where Mr. Fitzgerald was, and I allowed him to go into the barracks—he went in, and in about 10 minutes he came out again, and I saw he had a pair of boots with him—he said Mr. Fitzgerald had given him those boots.
Prisoner. Q. Where did you see them? A. When you were about five yards from the barrack gate—they were a pair of low boots—you pulled them from under your coat when you saw me looking at you.
Q. Did I not show you the boots in the King's Hotel, when you asked me for a glass of brandy? A. No—I did not go into the public house at all.
COURT. Q. Did you drink with him, or ask for brandy? A. No.
WILLIAM GLOVER . I am a greengrocer, at Woolwich. I was walking along the town about half-past 10 o'clock, on Wednesday, 26th Jan.—the prisoner, whom I had not seen before, came up to me and asked me whether I wanted to buy a spoon—he produced it, and asked me 6d. for it—I gave him 4d. for it—I took it down Hare-street, to Mr. Westerway's, the silversmith, to see what it was, and he detained it—I did not offer it him for sale.
Prisoner. Q. What state was I in? A. Sober—you offered me this spoon—I did not ask you to sell me another spoon for another pot of bear, near the station.
HENRY WESTERWAY . I am a jeweller, at Woolwich. The last witness did not bring the spoon to my shop—he stood outside, and a young man, whom I do not know, brought it in—he was a young man, about sixteen; be inquired if it was silver, and it not having the usual stamp on it, I had some doubt about it—I detained it, and gave information.
WILLIAM GLADWIN (policeman, R 122). In consequence of information, I took the prisoner, on 26th Jan.—I found him at the Gun—I told him he was charged with stealing plate from Lieutenant Fitzgerald—he made no reply, but in coming out he threw this fork out of his pocket, and I picked it up—he said, "Who sent you for me?"—I said, "Information was received that you had stolen these things"—he said, "Lieutenant Fitzgerald gave them me about 8 o'clock in the morning."
Prisoner. Q. Was I drunk or sober? A. You were the worse for liquor.
Prisoner to JONATHAN BLAKE. Q. On 21st Jan., did you not ask me into your kitchen? A. No; you came to my kitchen, and asked for Mr. Fitzgerald, stating that you knew the family very well, and you had been invalided, and could not get work, and you had a cup of tea; that was, I may say, three weeks ago, and a pipe of tobacco I gave you—you sat down and smoked it, and walked away—I did not give you a glass of sherry and a cigar.
Prisoner. Q. Did I not tell you I felt heavy, and I laid down on the sofa for two or three hours, and when I awoke did I not find your hand between my legs; and did I not tell you I would expose you? A. No—I did not beg of you not to reveal the secret, and say I would give you anything—you did not tell me you were very hard up, and ask if I had any money to give you—I did not give you any money to get half an ounce of tobacco—I did not tell you to come down again, and say I had four silver articles that you could sell, and give me half the money—there were two servants in the kitchen when you had the cup of tea and the pipe of tobacco with me—I
did not hear a servant say to you, "Duffy, have you any brandy?"—he may have asked you.
Prisoner. I said, "I don't know whether I can come down at the time you mention; but whatever you can give me or promise me, it will not induce me to keep your company again, in consequence of the indecency you have shown;" on the Tuesday evening I saw you at a ball, and when I came out of the ball did I pass you? A. Yes; you did not speak to me, you were running—you did not say to me," Have you got those articles?" I deny it—I did not tell you to go in the kitchen, and you would find two spoons and two forks in a rag, and to take them—I saw you on the stairs—you were sober, and you said, "I am poorly; have you got any milk to give me?"—you did not say, "I have got them"—I did not say, "It is all right"—you did not say," I will be back in the afternoon"—there were two servants near there.
COURT. Q. During the time he was in your kitchen, had he an opportunity of seeing where the plate was kept? A. Very likely he might—I have been in the regiment eight years.
Prisoner. Q. How long have you known me? A. I suppose about four months—I have seen you about the town in different places—I did not state that I had only seen you twice—you told me you were invalided from the artillery—I drank in your company in the Rose and Crown—I owed a couple or three shillings at the Rose and Crown, and I went there about the 22nd or 23rd, and paid it—I never entered it again till the 27th—I did not drink in the kitchen with you, nor at the King's Hotel—I did not go with you to the Lecture-hall—I saw you on the stairs—you may have told me you were going to the concert room, but I took no notice of what you said.
Prisoner's Defence. I can only state that I had been in the Royal Artillery nine or ten years, my only fault being drink; I got my discharge; I was never a thief, or any other blackguard, but the drink has caused me to be unemployed; I never was guilty of stealing anything; God above knows that Blake gave me these things not to expose him; he said he would give me anything; I said, being hard up, if he had anything to give me I would receive it thankfully, but nothing could induce me to keep his company any more.
COURT to LIEUT. FITZGERALD. Q. What is the character of officer's servants in the army? A. They are never selected for servants unless they bear good characters.
Prisoner. This coat on my back the man gave me.
Prisoner. Q. And did not you give me these other things not to tell anything about you? A. No.
GUILTY . Aged 25.— Confined Two Years.
A sergeant from the Royal Artillery stated that the prisoner had been discharged from that regiment in Sept. last for very bad conduct; that he had been repeatedly tried for drunkenness: for false accusation: for striking an officer: for stealing a watch in a barrack room: for desertion, and other charges, and had been imprisoned for those offences, amounting in the whole to 819 days. Sergeant Gladwin also stated that he was acquainted with all the thieves in Woolwich.
MR. DEARSLEY conducted the Prosecution.
DANIEL CORK . I am a beer retailer, in Windmill-street, Brixton. The prisoner lodged at my house in Sept., 1851—on Sunday, 7th Sept., 1851, my wife went out about 6 o'clock in the evening—the prisoner was there when my wife went away—he owed me some money for board and lodging—I had spoken to him on the subject of that on the Saturday evening previous, and likewise on the Sunday—I told him I could not afford to keep him any longer unless I saw his mother—I said he might lodge there, but not board—he said he thought I was a very bad man, and before he would sleep in my house he would sleep under a haystack, and for two pins he would smash my brains out—he went home in the evening to his mother's, but before he went away he went up stairs in my house twice during the evening—when he came down the last time he was carrying a small bundle under his arm, and he went away—when he got to the step of the door he said, "Here is my kit, you may search me if you like"—I said, "George, I do not want to do so;" and he said, "You shall be a loser by me."
Prisoner. He has a vacancy at the back of the house for the accommodation of customers, and there is a fence round it; any one might jump over it, and get in at the back door. Witness. There is a back yard, and a fence five feet high, with tenter hooks—that door was locked that night—when it is open no one can pass by without my seeing them—my passage is only three feet wide, and between the bar and the engine is only two feet wide—the bar is made in the middle of the passage—you just stand to draw the beer—there is not room for any one to pass.
MARY CORK . I am the prosecutor's wife. On Sunday evening, 6th Sept., 1851, I rolled my pockets up, and put them in the corner of the cupboard in my bedroom—there was in my pockets a sovereign, three half sovereigns, and silver, and copper besides—I left home that evening about 6 o'clock—I had seen the prisoner in a bedroom up stairs on the left band side, where he had no business to be—that was in the afternoon, and I met him on the stairs after that—I did not see him after I had put my pockets in the cupboard, because as soon as I had done that I put on my bonnet and went out—when I came home my pockets were gone.
THOMAS TAPPIN (policeman, P 285). I took the prisoner, on 7th Jan., at Bromley, in Kent—I told him it was on a charge of stealing Mr. Cork's money a long time ago—he said, "It is a good while ago; I thought that was all dropped before now"—I did not recollect the date and I did not state the sum that was stolen.
NOT GUILTY .
MR. DEARSLEY conducted the Prosecution.
WILLIAM LOFT . I live at No. 5, Elm-place, Lee, and am a labourer. In Oct. the prisoner lodged in the same house, and slept in the same bed with me—I went out at 4 o'clock in the morning on 27th Oct.; I left the prisoner in bed—I returned on Friday evening, the 29th—when I returned all my clothes were gone, and the money which I had left in my breeches, which was 1l. 0s. 6d.—I had seen my clothes on the Monday and Tuesday before I left—I did not see the prisoner again till he was taken—he had been working at Mr. Mortimer's directly opposite—he left his work at that time, and went away.
COURT. Q. How long had you slept together? A. About a week or eight days—no other persons slept in that room—there were two persons sleeping in the front room—they were there when I came back, and they are there now—I lost trowsers, a waistcoat, a coat, a silk handkerchief, a scarf two shirts, a pair of stockings, a sovereign, and a sixpence.
MILLICENT POPE . I am the wife of Henry Pope; I keep the house where the last witness and the prisoner lodged. The prisoner left on 27th Oct., early in the morning—he gave me no notice—I looked for his coming home to breakfast, and he never came—he was promised a winter's work, and I expected he would have stayed all the winter—he had paid his money on the Saturday—he owed me the half week when he went away—he went by the name of George Baker—I am quite certain he is the same man—the witness went out early that morning to go to work—the prisoner came down about an hour after the witness, about a quarter past 5 o'clock, and I called to know what he was doing, getting up so soon to bum candle in waste, and he went back again—I called him in general a little before 6 o'clock; he had only a few minutes to go to his work—I went up to the room where they had slept a few minutes after 8 o'clock, when I was expecting him in to breakfast—they are very exact in coming in, as their time is short—when I went up I turned up the quilt, and there I saw a pair of clean stockings which I had put into Loft's box—I went to put them away, and found his box was empty, except one dirty shirt, which was the prisoner's—I went down again, and in a few minutes I went to his employer's, and I could not find him—he did not come back for his little wages—I had seen the box on the Tuesday, and put the stockings in it—the things were all in the box on the Tuesday, and on the Wednesday they were gone—two men, a carpenter and a gardener, slept in the front room, and they are there now.
Prisoner. Q. That morning I came down, and you said it was very early; I said I was not aware it was so early, I would go and lie down again, and I went up again; I came down again about half past 5 o'clock, and did not you speak to me in the bedroom? A. Not in the bedroom; you was in the back room—I saw the back of you just as you were shutting the door.
THOMAS TAPPING (policeman, P 285). I took the prisoner—while he was in my custody be asked if I had been to his aunt's, at Stratham, to inquire for Baker—I asked if he went by the name of Baker—he said, no, but persons who knew him when young might call him Baker, because his mother's name was Baker.
COURT to WILLIAM LOFT. Q. Were these things in your box? A. Yes—I had no shirt in that box belonging to the prisoner—it was on Wednesday morning I left—I gave information to the police on the Sunday, after I lost the things.
Prisoner's Defence. I am a hard-working man; I was working for Mr. Pass more, at Bromley, at the time I was taken into custody, on charge of stealing 5l., at Mr. Cork's; I declare myself innocent of that; I was remanded twice, and this other indictment was brought against me; I acknowledge I lodged at the house, and slept with that young man; I heard of a longer job, at Croydon, and I left to better myself; I certainly did owe her a few shillings, and I left without telling her I was going.
GUILTY . Aged 33.— Confined Six Months.
Before Mr. Recorder.
NOT GUILTY .
Before Mr. Common Serjeant.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
SAMUEL JARMAN . I am a clerk in the office of the Solicitor of the Treasury. I produce a certified copy of the conviction of Jeremiah Sullivan in May, 1851, for uttering counterfeit coin—(read—Convicted 12th May, 1851, and confined one year).
ROBERT BROOKS . I am a surgeon, and live in Waterloo-road, Lambeth. On 1st Jan. the prisoner came to my shop, about half past 4 o'clock, for two ounces of Bermuda arrowroot—he laid down a half crown on the counter before me to pay for it—I did not take notice of the half crown; I only took notice that it was a good one, that is all I know—I served him, and I took the half crown off the counter and put it on the lid of a jar, where there was some small silver, but no half crown—I gave the prisoner 2s. 3d. change—he said his mistress told hina it was to be 6d.—I told him it was the best arrowroot, and it was 2s. a lb.—he was talking a good deal, and I had a little suspicion of him—I had put the half crown on the lid of a jar first, but immediately afterwards I dropped it into a drawer, suspecting him—there was nothing in that drawer but 1l. worth of silver, wrapped in paper—the prisoner said he could not take the arrowroot, and I gave him back the half crown—after I gave him the good half crown back, he hesitated a minute, and said "Well, I don't think I can do any harm by taking it;" and he put out his hand and put a counterfeit half crown in my hand—I put it down directly on the counter, and saw it was bad—I could tell that by its sound when I threw it down—I told him it was bad—he said his mistress gave it him—when I went to look for a policeman, he began to move out of the shop—I followed him—I gave the second half crown to the policeman.
Cross-examined by MR. RIBTON. Q. What time of day was this? A. A quarter past 4 o'clock; we have got a clock—we keep a post office—my wife was in the shop—when the half crown was first given me, I put it on the lop of a jar behind my counter, where I usually put money—there was some small silver there, some sixpences and shillings—I always put the last coin I receive four or five inches before the others—I will undertake to say there was no other half crown there—I moved it from the jar to the drawer where I put money, but never loose—it is not a till—there was 1l. 's-worth of silver wrapped up in the drawer—I threw it back on the counter to the prisoner—it might have been a minute before he gave me the other half crown—he did not take up the arrowroot—directly I put the last half crown down, my wife said, "That is bad"—I put my hand on it, and my wife tried it in the money trier, and I tried it myself—the prisoner did
not run away, but he walked very quickly when I said I would give him into custody—I went out without a hat, and it was very cold.
MARY BROOKS . I am the wife of the last witness. I recollect the prisoner coming on 1st Jan.—I saw him throw the first half crown down on the counter—I was not watching what my husband did with it, I was watching the prisoner—I saw the half crown given back to the prisoner—Mr. Brooks threw it down on the counter, and it jinked as money will; it sounded like a good one—some conversation passed between Mr. Brooks and the prisoner about his taking the arrowroot, and after a short time the prisoner fumbled in his pocket and pulled out a half crown, gave it across, and put it in my husband's hand—I said. "That is a bad one;" there was something in the manner of the prisoner that induced me to say so—I put the half crown in the trier—the prisoner came to the trier, and I took it from him—both our hands were on it, and it was bad—Mr. Brooks took it out in his hand, and gave it to the policeman.
Cross-examined. Q. Do you mean that your hand and your husband's were on it at the same time in the trier? A. Yes; Mr. Brooks said he would give the prisoner in charge—I do not recollect that he said to him," Be off, or I will give you into custody."
JOHN UNDERWOOD (policeman, L 66). I received charge of the prisoner on 1st Jan.—he asked me if I had a bit of tobacco; I told him no—he said he was not aware that it was a bad half crown—when I said I should take him into custody, he could not speak for a moment, he seemed as if he had something in his throat—I took him to the station—I received this half crown from Mr. Brooks—I searched the prisoner, but found nothing on him at all—he gave his address at No. 6, Union-court, Borough: I went and made inquiries, but could not hear anything about him.
MR. RIBTON to MR. BROOKS. Q. Had you any other bad half crowns in your possession? A. I had two, but they were passed two or three days before.
MR. CLERK. Q. Where did you get them from before you took them to the police office? A. Out of a tool drawer.
GUILTY .** Aged 26.— Transported for Seven Years.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
EDMUND FRANCIS BARTLETT . On 12th Jan., I was barman at the Duke of Sussex, Goulston-square—at 10 minutes to 12 o'clock, that night, the privsoner came, asked for a pint of porter, and gave a counterfeit shilling in payment—I asked him where he was going to take the pot to—he said to Mr. King's, his father's. No. 10, Thomas-street, pointing in that direction—I sent the waiter there, while the prisoner remained in the bar—the waiter came back, and said they were all in bed at No. 10—the prisoner then said a man sent him from outside, and told him to go and get the porter—I gave the prisoner in charge, and gave the shilling to the policeman.
CLEMENT INGS (policeman, L 180). I took the prisoner in charge, on 12th Jan., searched him, and found nothing on him—I received this shilling (produced) from Bartlett—the prisoner gave the name of William Clark—he was remanded by the Magistrate till the 15th—this was the only charge against him, and he was discharged.
Jan., between 5 and 6 o'clock, the prisoner came to my shop and asked for some dripping—I told him I had got none I could recommend, and he left the shop—he came again in a few minutes, and asked for a bottle, to hold a pint and a half—as I was going to get it I passed him, and he said, "What are you going to do?"—he said that twice—I said, "Nothing, my lad"—he put 1s. on the counter, while I was getting the bottle, and held his thumb on the shilling on the counter—I gave him the bottle—he gave me 1s.—I put it in my mouth and bent it—he was going out quick, I went out too, and walked by his side till I met a constable, and gave him into custody—I gave the shilling to the policeman.
GEORGE BEATTIE (policeman, L 80). I took the prisoner into custody on 18th; Mrs. Peck gave me this shilling (produced); the prisoner said a man and woman gave him the shilling to go and buy a bottle to take to the theatre—I said, "Where is the man and woman;" he said, "I don't know."
GUILTY . Aged 17.— Confined Six Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
THOMAS ARNOLD CAFFTN . I am a chemist at Crossby-row, Walworth. On 25th Jan., Lewis came to my shop and asked for something for a swollen throat—I made him up a liniment and put it in a phial—it came to 3d.—he gave me a half crown in payment, which I placed in a bowl in the till where there was one other half crown—that was a Geo. III—the one he gave me was a new Victoria—I gave the prisoner the change, and immediately after he had gone out a constable came in—I looked in the till immediately, took out the half crown I had received from the prisoner, put it in the detector, and it was a bad one—I gave it to the constable—in about a quarter of an hour both the prisoners were brought to my shop, and I recognised Lewis—the constable has since shown me the phial of medicine.
FRANCIS BAKER (policeman). On Tuesday evening; I was on duty in plain clothes, in Walworth-road, and from information I went to Mr. Caffyn's shop—he produced a half crown which I marked and gave him back—I went after the prisoners and found them in Manor-place, about 120 yards from Mr. Caffyn's shop—I followed them, took them into custody, and told them it was for passing a counterfeit half crown at the chemist's shop—Lewis said, "I have not"—there was a struggle, Evans fell down, got away, and was secured by a potman—in the struggle I saw a half crown fall down just by my feet, I cannot say who dropped it—it was picked up immediately by a female, and given to me (produced)—the prisoners were close together at the time—I took the prisoners back to Mr. Caffyn's, and on the way I saw Evans place his left hand to the waistband of his trowsers, and saw a white parcel drop—I spoke to a gentleman close by, named Shepperd, and asked him to pick it up and give it me—he did so—I opened it, and found it contained four counterfeit half crowns wrapped up in very fine tissue paper, each coin separated by a piece of paper (produced)—I took the prisoners to Mr. Caffyn's, and he recognised Lewis—I took them to the station, and on Lewis I found this phial (produced), and on Evans one shilling, two sixpences, and 3d. in his coat pocket, and one shilling, one sixpence, and 3d. in copper in another pocket—I received this half crown from Mr. Caffyn (produced.).
Lewis Q. Did you not examine my neck, and find lumps in my throat? A. Yes; the glands were swollen.
WILLIAM WEBSTER . These six half-crowns are all counterfeit, and all from the same mould. The prisoners' statements before the Magistrate read—"Lewis says, 'I am guilty of taking the half-crown in, but I took it accidentally; I met Evans, and he told me he had picked up a paper parcel, containing half-crowns, and asked me if I would go in and change one at a doctor's shop for him; I went in and changed it, and gave him the change, and the change was found on him. 'Evans says,' I have nothing more to say than that which he has said is true. '"
LEWIS— GUILTY . Aged 18.
EVANS— GUILTY . Aged 18.— Confined Twelve Months.
333. JAMES BRADLEY , feloniously forging and uttering a request for delivery of 66 rose trees, and other goods; also, forging and uttering a request for the delivery of 6 rose trees, 2 mulberry trees, and other goods; also, forging and uttering a request for the delivery of 68 pear and other trees; with intent to defraud John Edward Lane: to all of which he pleaded
GUILTY .* Aged 58.— Confined Twelve Months.
Mr. Giffard offered no evidence against
MARY BRADLEY— NOT GUILTY .
There was another indictment against both the prisoners, upon which no
evidence was offered.
ADJOURNED TO MONDAY, FEBRUARY 28TH.