CENTRAL CRIMINAL COURT.
CHALLIS, MAYOR. FIFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, February 28th, 1853.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. HUNTER; and Mr. RECORDER.
Before Mr. Recorder and the First Jury.
MESSRS. PARRY and M.PRENDERGAST conducted the Prosecution.
FREDERICK SERGEANT. I am a clerk in the firm of Willoughby and Cox, attorneys. I have here the proceedings in an action of "Steadman V. Knight"—I produce the writ of summons, the issue, and the record—the verdict was for the plaintiff, damages 50l., in addition to 10l. paid into court—I remember the taxation of costs—I have a memorandum here on the final judgment paper, by which I can tell when the damages and costs were paid—it is" June 25, 1852; received 50l."—that was the amount of the damages beyond the 10l.—I have not the dates of payment here, bat they were paid afterwards—time was given for payment of the costs—I have got the subpœnas.
Cross-examined by Mr. CLARKSON. Q. Let me look at the subpœnas—(the witness handed them in)—I suppose you attended the trial? A. No, I did not; Mr. Cox did—I only know from representations made that Mr. Steadman was seriously injured on that occasion—I suppose I saw him about that time—I do not of my own knowledge know that he was attended by Mr. Digby, the surgeon, for the injuries he received—I believe Mr. Cox is not here—he did not intend to come; he has not been subpœnaed—he is at his office—the cause was in the paper for the 9th June, but I believe the verdict was given on the 10th—I received a memorandum of the witnesses that were subpœnaed by Shadrake—this is it (produced)—I delivered the subpœnas either to Shadrake or Mr. Steadman, I could not say which—I delivered subpœnas to be taken into the country, as I understood—I do not know now whether the names were stated on that occasion—I cannot say positively whether I delivered the subpœnas in blank—I filled up the body
of them, but whether I left blanks for the names or not I cannot positively state—the names are now all filled in in my handwriting, but that was very probably done after the trial was over, when there was a statement handed to me by either Shadrake or Mr. Steadman of the names of the witnesses who attended; it is very likely that I then for the first time filled them up in the original subpœnas, but I cannot say now—I might have delivered the copy subpœnas with directions to fill them in—this subpœna (looking at it) includes the names of William Sparks, Robert Miller, John Williams, all of Emscote, Warwickshire; and this other subpœna includes the names of Benjamin Dickerson and Alfred Carter—since the trial of this action I believe our firm has made a further application to Mr. Knight for further injury to Mr. Steadman since the issuing of the writ.
Mr. PARRY. Q. Do you know that of your own knowledge? A. I have seen the letter—I cannot say that I posted it.
Mr. CLARKSON. Q. Has Mr. Knight since the trial been called upon by any of your firm on the subject to your knowledge? A. No, not to my knowledge—I received from Shadrake or Mr. Steadman, I will not say positively which, a memorandum of the witnesses that had been subpœnaed—this is the memorandum—I cannot speak positively to Shadrake's handwriting—I think I recollect an occasion upon which I have seen him write—I believe this memorandum is in his writing; it contains the names of Sparks, Miller, Williams, Dickenson, and Carter—Shadrake acted on the part of Mr. Steadman in the course of the proceedings before they came to trial—he was at our office on several occasions; he was foreman to Mr. Steadman, I believe—I attended the taxation of the costs—I can tell, by referring to the office copy of the bill of costs, what was allowed for the attendance of these five witnesses—nothing was allowed for William Sparks, or Miller, Williams, or Carter—5l. was allowed for Dickenson—Mr. Cox, the plaintiff's attorney, was in attendance at that time, and the defendant's attorney also—I believe Mr. Knight was not present at the taxation—after the taxation I believe Mr. Knight applied for time to pay, and it was given him as far as the costs were concerned—he paid by instalments.
Mr. PARRY. Q. Just look at those subpœnas: can you undertake to say when they were filled up, before or after action? A. I cannot undertake to say whether they were filled up, as regards the names, before or after the trial—I know nothing of my own knowledge of the service of these subpœnas—I gave them out, understanding that they were to be taken down to Emscote—the sums allowed at the original taxation of costs are marked here in black ink, and those at the review of the taxation in red ink—opposite the name of William Sparks there is 3l. 10s. in red ink, and that is taken off in black ink; and the like with regard to Miller and Williams—17l. 19s. 6d. appears here as the amount taken off on the review—Dickenson was originally allowed 5l.—that was taken off on the review—other items were also taken off, which constituted a portion of the tavern expenses (reading the items)—I did not attend the review, nor was I in the Court of Exchequer when judgment was given—speaking from recollection, I believe some reduction was made on the review for the subpœnas of these four witnesses, which had been previously allowed—I have seen Mr. Steadman at our office on several occasions whilst the action was going on, not giving instructions, the instructions were generally given by Shadrake, his clerk—I did not see Mr. Steadman much till the latter part of the proceedings—I am not aware that the Judges of the Exchequer ordered this prosecution.
Mr. CLARKSON. Q. There were sixteen witnesses, I believe, subpœnaed
for whom attendances were charged? A. I believe go; that must have included the five witnesses in question.
GEORGE LOVEJOY . I am clerk to Mr. Baron Martin. I administered the oath to the parties to this affidavit—I have a faint recollection of seeing Steadman, from a little circumstance that happened at chambers—I know nothing more than his coming to have the oath administered to him—I believe him to be the man.
Cross-examined by Mr. BALLANTINE. Q. I do not understand you to pledge yourself to his being the person? A. Certainly not; it is a joint affidavit—I believe, in the first instance Mr. Steadman was not present; Mr. Cox came over first, and Mr. Steadman afterwards—the affidavit was produced to me in the usual way, and they swore to their name and handwriting—I do not know whether Mr. Steadman was sent for; I rather think he was to meet Mr. Cox there, but he did not come till a few minutes afterwards.
Mr. PARRY. Q. How did you administer the oath? A. I tendered the Testament, and used these words: "You swear (that is, both of them,) this to be your respective names and handwriting, and the contents of this your joint affidavit, so far as relates to each of you, to be true, so help you God;" that is the usual form.
FREDERICK SERGEANT re-examined. I believe the signature to this affidavit to be Mr. Steadman's writing.—(The affidavit was here read, in which Steadman stated that Sparks, Miller, Williams, Dickenson, and Carter (with others), were in attendance at Westminster two days, on 9th and 10th June, and were necessarily absent from their places of abode four days; that they came to London solely for the purpose of the trial, and that he had paid them for their attendance as follows: viz., Sparks, Miller, and Williams, 3l. 10s. each, and Dickenson and Carter, 5l. each.)
BENJAMIN DICKENSON . I am a licensed victualler of Emscote, in Warwickshire. I was there, and at Leamington, on 9th and 10th June last—I was not at Westminster Hall on those days—I did not attend on those days a trial at Westminster Hall, of Steadman v. Knight—I was never subpœnaed on such a trial, and was not there—Steadman did not pay me 5l. expenses as a witness—Shadrake and his clerk, and Mr. Steadman, had been boarding and lodging at my house, they occasionally doing work at the Asylum; and they might want me, but I never was subpœnaed and never was paid—I know William Carter; I cannot say whether I saw him on 9th and 10th June at Emscote, for I saw him most days—he is an iron founder, and his foundry is close to me—I do not think it probable that there was an interval of four days at that time without my seeing him—I cannot say whether I ever saw him for four days together, or two days together—I know William Sparks; he was down working there in June last, but could not swear whether I saw him on 9th and 10th June—I know Robert Miller and John Williams, but cannot swear whether I saw them on those two days; but they were at work, and came to my house two days afterwards to be paid their wages—I do not know of their leaving; they were backwards and forwards at my house every two or three days—the first time I heard that my name had been put down as a witness was a few days after the trial.
Cross-examined by Mr. CLARKSON. Q. What state was Mr. Steadman in when he came down? A. He seemed in pretty good health then—he was not down till quite the end of June or the beginning of July, after the trial.
Mr. PARRY. Q. How did he appear in May, and the beginning of June? A. Pretty well—I had seen him in February; he was very poorly then.
WILLIAM SPARKS . I am a working smith and engineer, of Drury-lane, I know Mr. Steadman—I have been employed from time to time at the Lunatic Asylum at Emscote—I have been there three or four months altogether—I was not present at the trial of the cause Steadman v. Knight—I was not subpœnaed as a witness—I did not receive 3l. 10s. as a witness from Mr. Steadman, nor did any one on my behalf—on the 8th, 9th, and 10th of June, I was at Emscote—I know Mr. Dickenson; his house is where we went to receive our wages on Saturday nights—I know that Mr. Dickenson was down there on 9th and 10th June—John Williams and Robert Miller were mates of mine on the job at Emscote—I know Carter, an iron-founder, there; I cannot swear whether he was up here or not—I first heard of the trial after I had come home from Warwick, about three weeks after the trial—I had worked for Steadman one or two years prior to this; he knew me very well as a workman; he was not down at the job very often in June—he was aware that I was working at Emscote—I do not think he came down after the trial; he came down a month or so before the trial—he came to look how his workmen were going on—before the trial came on, there was a little affair between him and me about wages; that was before I went down to Warwick—I heard of the trial about three weeks afterwards, at Mr. Steadman's shop in Bull and Mouth-street—I heard it from Mr. Steadman, at his shop—I came up from Emscote because we had not heard from Mr. Steadman or his clerk for a fortnight; I came up about the wages—I saw him, and he said, "You have come up, then?" I said, "Yes, it is no use stopping down there: you never sent us word where we were to get our money from for our wages, or anything else; I thought it was most time, then, to come up;" he said, "Oh, that is all right, I expect some money in a few days, and that will be all right; I will pay you when I get the money"—after that he asked me whether Mr. Bushel had called at my house (that is a party that used to work at Steadman's shop)—I said that he had: he said directly, "He is trying to do me all the injury he can"—this was about a fortnight or three weeks after I now know the trial to have taken place, but Mr. Steadman never said a word about the action—in consequence of what Mr. Steadman said to me, I went down to Warwickshire again to finish some particular work at the Asylum, but I only stayed there a few days—I then came up to town by myself, and Williams and Miller-came up two or three days afterwards—we did not all go to the shop together, I was the first that went; we were to meet there on that day—I had seen Mr. Steadman in London before, about eight or nine days before they came up; that would be about a month after 10th June—I went in first—I did not see Mr. Steadman when I first went in (I saw his man), he was upstairs; I afterwards saw him, and he said to me, "I intended to give Mr. Shadrake a subpœna to give you down at Warwick"—he said that because he had heard that Bushel had been at my house, and found I was not at the trial—he told me that he had charged for us at the trial, and said that if anybody should ask me if I was at the trial, I was to say yes; and to avoid my telling a falsehood in one way, he would send his man along with us to take us down to the Court, and show us the Court where the trial was at Westminster, so that if anybody asked us if we were at the Court, we could merely say we were at the Court; and with that he gave me a subpœna enclosed in an envelope, and 1s. with it—this is it (produced)—this was a month after the trial—after that conversation Williams and Miller came in, and he spoke to them in a similar way: I heard him tell them they were to go down to the Court along with this man, who would show us the Court, and if anybody asked us if we had been at the Court we could say "yes"—he did not serve them with subpœnas himself; his man did, in the shop, but not in his presence—he was upstairs,
and sent them down by the man—we then all four left together, me, Miller, Williams, and Yorston, and went from there down to Westminster, into the Court of Exchequer, I think it was: and Yorston said, "Here is where the case was tried; you will know if anybody asks you where it was"—there was some cause or other being tried there then, but we did not stop long enough to know what it was; we only stopped about a couple of minutes in Court—we came out and went into a public-house, and Yorston said, "This is the public-house where we stopped and had some refreshment, and you can say this was the public-house where you were when the trial was going on"—Yorston was sent by Steadman himself—we had some refreshment, a drop or two of beer and a bit of steak, and parted in the evening—Mr. Steadman never mentioned this matter afterwards—it is from three to four months ago since I was applied to to give evidence in this matter.
Cross-examined by Mr. BALLANTINE. Q. The man must have made you very angry when he suggested that you should tell all these lies? A. It was no lies at all—I did not intend to state that falsehood about being at the public house, if I was called upon; I never would have done that, but my intention was this; I had money owing to me at the time when I went down there, and of course I thought by going down to the Court and that, I might get my money back; but if I had been called upon to swear to that falsehood I would never have done it—I meant to give all the appearance of agreeing, but in point of fact did not do it—I did not mean to sell anybody; I meant to try to get my money back—I not intend to commit perjury; I did not show any indignation, and did not say I would not do it—I am not ashamed of it, I meant to do as I have done now, to tell the truth—I did not promise to tell a lie—he told me to go to the Court with this man, and said, "If any body asks you if you were at the Court, that will not be telling a falsehood, will it?" and I said, "It will not"—I agreed to that of course; I agreed to it that I might get my money—there has been no inquiry before a Magistrate, that I am aware of in this case; this is the first time that the defendant has heard my story; I am now in service of Mr. Knight, the prosecutor, and have been so from three to four months—the defendant agreed to give me 24s. a week wages, but I only got part—I had been in his service between one and two years—I get now 5s. 6d. a day, that is 33s. a week—that increase has taken place between three and four months, ever since I have been with Mr. Knight.
FREDERICK SERGEANT re-examined. This subpœna produced is from our office—the body of it is in my writing; the name is filled in, I should say, in Shadrake's writing.
ROBERT MILLER . I am a smith and engineer—I was at work at Emscote on a job of Mr. Steadman's, all June; I did not leave there at all—I was not in London at a trial of Steadman v. Knight, at Westminster, on 9th and 10th June—I did not receive any subpœna to attend the trial—I received no money for having attended as a witness; neither 3l. 10s., or any sum—I heard of the action before it was tried, and had seen Mr. Steadman down at Emscote once or twice; I cannot say the date, but he was there several times about a month or so before I left—Alfred Sparks was with me at the time at Emscote, on 9th and 10th June—I came up to town about the end of June; I finally left the job, I think, in July—when I came up to town, I, Sparks, and Williams, went to see Mr. Steadman about our work—I remember being at Mr. Steadman's with Sparks and Williams; we saw Steadman, the first thing he asked me was, how my health was, and how we got on with the work; I said we could not get on for materials, and we came to
London, we thought it was the best way—nothing was said by Mr. Steadman as far as I recollect, about our being witnesses in the action; I have never said so—I had a subpœna served on me there by one of my workmates, Robert Yorston; we were speaking about the work, and Yorston put the subpœna into my hand—I was not called on after the accident to make any affidavit, or to swear to one—I did not make one—I know what an affidavit is; it is speaking the truth—the signature to this paper (produced) is my writing—after I was served with the subpœna, Sparks, Williams, Yorston, and me, went to Westminster, and into the Court of Queen's Bench, I think it was—Yorston took us there; I do not exactly know what it was for, out we were to go up to the Court, and return to Warwick in the morning—we then went and had some dinner, and went back again to the shop—we afterwards went down to Emscote again—I knew nothing from Steadman of why we went to Westminster; I do not recollect that he said anything of why we went with Yorston.
JOHN WILLIAMS . I am a working smith and engineer. I was at work at Emscote the whole of June, and of course on the 9th and 10th—I did not come up to the trial of Steadman v. Knight; I was not subpœnaed on that trial—I never received 3l. 10s. as my expenses on that trial; I did not hear of the trial till after it was over—about a month afterwards I was at Mr. Steadman's, with Sparks and Miller, and saw Mr. Steadman; he did not say anything about my being a witness on the action—Sparks was there before Miller and I arrived—I received this subpœna there that day from Yorston, and 1s. with it; we were then taken by Yorston to Westminster, and he showed us the Court, and then took us to a public-house; he had the expenses to pay for Mr. Steadman; I know that, because I saw Mr. Steadman put some money into his hands to pay our expenses before we started—Yorston paid for the whole of our refreshment.
FREDERICK SERGEANT re-examined. This subpœna came from our office—the indorsement and the body of it is in my writing, and the other part, I should say, is Shadrake's writing.
Witnesses for the Defence.
WILLIAM SHADRAKE . I was foreman to Mr. Steadman about four years, and was so at the time of the trial between Steadman and Knight—I have since left—before that trial, Mr. Steadman's health had been very bad for some time, and he was very ill then, from being thrown out of his chaise; he was not able to attend to business, and I attended to it for him—I remember receiving some subpœnas from Mr. Sergeant—these are them (produced)—I received them two days before the trial—after I had received them, I received some money; it was either from Mr. Sergeant or Mr. Steadman—I think it was about 5l.—it was to subpœna the different witnesses—I was to pay them when I served the subpœnas on them—I had more subpœnas than these—my directions were to subpœna those in town, and at Emscote, in Warwickshire, also—I did not go to Emscote; I had not time—I went to the railway station the day before the trial, but was too late for the first train, and the next train would not have taken me in time to get them up for the trial; I did not go—it was half-past 11 o'clock at night before I subpœnaed the last in town—I did not see Mr. Steadman afterwards till the morning of the trial—I did not say anything to him about not having subpœnaed these persons—I was a witness at the trial—the witnesses were not allowed to be in Court—Mr. Steadman came out, and asked whether the witnesses were all there; and I said, yes, they were all there—(looking at the paper already put in) one side of this paper was written by me, the side containing the list of
witnesses—the heading is (reading), "Witnesses in attendance on 9th and 10th June, 1852, on a trial between J. Steadman and Thomas Knight"—the names of Williams, Miller, Sparks, Dickenson, and Carter are here; there are the same names that are in the parchment subpœnas—I do not know the exact day when I made out that memorandum—I do not think it was before the trial; it might be the day after—I think I gave it to Mr. Sergeant—Mr. Steadman gave me some money after the trial; I do not exactly know the amount; it might be 20l. or 25l.—it was to pay all the witnesses—I went down to Birmingham and Warwick, but could not find the witnesses; they were all gone to London, and I sent the subpœnas up to London—I wrote up to Mr. Steadman, and told him the witnesses were not at Warwick; that they had come to London—I did at the last tell Mr. Steadman that the witnesses had not been subpœnaed by me—I did not tell him at the time; he was so unwell, I did not want to worry him about it; I told him of it about three weeks afterwards—I saw him but once during that time—I am not at all used to law business; I never had anything to do with it—I was not at all aware that an affidavit would be required.
Cross-examined by Mr. PARRY. Q. These subpœnas are not filled in by you? A. No; when I received them some were filled in, and some were not—I heard of the names of Sparks and Miller as witnesses two days before the action was tried—I was in London—I came up for the trial from Warwick—Mr. Steadman sent for me or Mr. Cox, one or the other, I do not know which it was—I left Sparks, Miller, Williams, and Dickenson at Warwick—it might be three days or four days before the trial—I was brought up three or four days before the trial, and sent down again the day before the trial to subpœna the witnesses—I subpœnaed those in London—I had not time to do it at Emscote; I only had one day to do the lot in—Mr. Steadman was at Westminster two days, I think—I did not hear him examined—the witnesses went to a public house at Westminster, but Mr. Steadman did not—he was not allowed to take anything, I believe—he was in the Court all the time of the trial—I went occasionally to a public house—it might have been six or seven days after the trial that the 25l. was given me by Steadman—I think he gave it me at Bull and Mouth-street, some of it—he gave it me in two payments; I think 15l. first, and 10l. afterwards—six or seven days after the trial I went down to Birmingham—I was there two or three days, and then went to Warwick and Emscote, which is next to Warwick—Williams and Sparks were gone to town, Dickenson was there—I did not pay him—I had laid out the money at Birmingham in some copper work; I dare say about 30l. worth—I had paid the witnesses in London out of the 25l.; I cannot say exactly how much I paid them, it might be 10l., I think—I might have had 15l. when I went to Birmingham; I cannot say exactly—I was ordered to go to Birmingham by Mr. Steadman—we had a job at Warwick, and we had to get some things from Birmingham to finish the work, end they would not let me have the things without some part of the money—I paid all within about a pound (looking at two subpœnas); these two names, Williams and Sparks, are in my writing, but not the other part—I cannot say when I wrote that; it must have been when I received them or when I went to Warwick, I cannot say which—I did not serve them; I sent them back to London the same day I got to Warwick—I do not know what became of them afterwards—I did not come up for some weeks—I had been at Emscote about five months before I came up to attend the trial—my master came down twice for a day or so, that was all—I do not know whether he was there in May; I think he was for a day or so—he was down there about three weeks after the trial,
I think—I got 5l. for my expenses as a witness from Mr. Steadman—I did not have it all at once—I went to Mr. Jay's office, because I was sent for—I did not offer to make an affidavit that I only had 2l.—Mr. Jay told me he should not ask me any questions; I had better not say anything because I was employed by Mr. Steadman—that was not after I had said to him that I was willing to make an affidavit that I had only received 2l. from Mr. Steadman for my expenses—I never said such a thing; nothing was ever said to me about it—I did not say so in the presence of Mr. Jay and one of hit clerks—Mr. Jay asked me if I had had the 5l., and I said yes—I swear that; and then he said, "Well, I shall ask you no further; you had better not say anything, because you are employed by Mr. Steadman"—I heard lately that 4l. was deducted from my expenses by the Master.
Mr. BALLANTINE. Q. You swear you never offered to make any such affidavit? A. No, I never did; I told Mr. Jay distinctly I had received 5l.—my master had been very bad I should think seven or eight months—that was after he had been injured—before that time he had been in very good health, but from the time he received the injury that was the subject of the action he suffered very much—he did not attend to business for some months—from time to time I made statements to him on the subject of the business, the subpœnaing witnesses, and so on—I never told him I had not subpœnaed the witnesses till I saw him three weeks after the trial.
COURT. Q. Why was that list copied from the subpœnas? A. I was asked for those that attended, and I made it out from the copies of the subpœnas—it was Mr. Cox or Mr. Steadman asked me.
Mr. PARRY. Q. Did you not know when you put down these names that they had not attended? A. I knew they were not subpœnaed, and I knew they had not attended—I copied them from the subpœnas as attending—I did not know whether it was right or wrong.
THOMAS COX . I am a solicitor, carrying on business in the name of Willoughby and Cox; it is a firm of long standing. We were employed to bring an action against Mr. Knight, and in the ordinary course we learned what means he had of proof—there would likewise have been a question of the amount of damages he sustained; there was a count for special damages—for the purposes of proof it was necessary that certain witnesses should be subpœnaed from the place where his works went on—Sparks was one of those witnesses, Miller was another, Dickenson another, Williams another, and Carter another—it was not to prove special damages in the ordinary sense of the term—it was for the purpose of proving his absence through inability to attend, through illness—all those names were on the brief, excepting Carter, whose name was by accident omitted—I had his name in the instructions—I received those instructions from Mr. Steadman, and he gave me those names—on the trial I did not know what witnesses were present, but before the trial began I asked Steadman if all his witnesses were there—on that he left the Court for a minute or two—I do not know whether the witnesses had been turned out of Court, but Shadrake was out of Court—Steadman came back in a couple of minutes, and told me that all the witnesses were there, and upon that the trial proceeded—none of those witnesses were called, as they were subpœnaed for the purpose of proving his not attending to his business, and his illness had been so perfectly proved by the medical man that it was not necessary—my counsel were Mr. Crowder and Mr. Pitt Taylor—during the proceedings Mr. Steadman appeared to be suffering from what the medical men said was the effect of this accident—his head was tied up till shortly before the trial, and his arm was in a sling at the time of the trial—he appeared
to me to be suffering from ill health—I saw Shadrake several times in the course of the proceedings—I got the case up myself—my clerk Sergeant was not more directly in communication with him than me, till after the trial was over—Shadrake appeared to be taking an active part in the matters, as Mr. Steadman seemed very much excited, and his memory appeared to be affected in some manner—he had received an injury on his head—it was stated by counsel that we could not recover for damages after the writ issued; whatever moneys had been disbursed after the writ issued could not be recovered—in consequence of that, I after this action made a communication to Mr. Knight—we did not say anything about another action—I endeavoured to act as mediator, but did not succeed—I should not have brought another action; I was very sorry to go on with this—I had no difficulty in getting the costs—they were not paid all at once—an application was made to us by a client of ours, whose name I do not wish to mention, and we gave some little time—if we had said we would not give time, I believe they would have been paid—we gave our client time for his damages on an application of the then defendant—the affidavit in which I unfortunately joined was, I think, made on 17th June—the first taxation was on 19th. June, but Mr. Jay could not attend, and I believe it was about 22nd or 23rd June—something was struck off on that taxation, but merely for tavern bills and matters of that kind—nothing further was struck off on the review of the taxation—that was not after the long vacation—the meeting to review was held in Michaelmas Terms—it was quite unnecessary for me to have joined in the affidavit, except as to the materiality—I have no doubt, and had none, of the materiality of those five witnesses; if I had not known that they were there at she time the Jury were sworn, I should not have gone on with the case, without the advice of counsel, because counsel had advised them to be subpœnaed—I should say that on the morning after the trial Mr. Steadman called at the office, and I requested him to get the christian and surnames of the witnesses who were in actual attendance at the Court—he afterwards brought back the paper, with the names of the witnesses on it in Shadrake's writing, and then I said, "As my clerk will have to draw the affidavit of increase, hand that list to him?" and I see here is my clerk's writing the "eight miles" where "distance" is written, and I really had nothing more to do with it till the affidavit of increase was made—affidavits of increase are not in printed forms—there is a form in the practice from which our clerk draws the affidavit—I cannot say much about the state of Steadman's health on the day we made the affidavit jointly—he seemed quiet.
Cross-examined by Mr. PARRY. Q. You did not yourself prepare the affidavit? A. No: it was read over to Steadman either by me, or by my clerk in my presence—I consider, as a respectable practitioner, that making any affidavit is of the first importance—Steadman's attention was called at the time to the sums of money that he was prepared to say he paid to them—if we had known that that was not true, we should have kicked him out of the office; but Mr. Steadman himself gave me the amounts paid to those witnesses—on 15th June I. took down a statement that they had not all been paid, and I gave him a cheque for 10l. 5s. to go and pay the balance—he stated on the 15th all the sums that the parties had been paid, and said that Yorston had not been paid, and that there were some other sums to pay; the amount of the list he gave me two days before was 32l. 6s.—he said he had exhausted his funds, and I gave him the cheque for 10l. 5s. to go and pay the rest; and on the morning of 16th or 17th he said that they had all been paid, and I gave him an affidavit to go to my clerk and till in the names.
Q. If Mr. Steadman was in a state of mind not to understand the contents, should you have allowed him to swear the affidavit? A. He was perfectly in a sound state of mind, there is no doubt about it—I do not recollect advancing any money to Steadman before the trial after the trial we did—I should say I saw Shadrake as long as a week before the trial; I will not swear it was not longer, I saw him off and on, because the case was in hand several months—I lost sight of him about a week before the trial: I should say here, that short notice of trial was given, from the 4th to the 9th, and there was very little time to subpœna the witnesses, who, being in Warwickshire, I desired my clerk to issue the four subpoenas, and to fill up the copies and give them all to Shadrake, and desire Steadman to be very particular, and see that they were all subpœnaed; and then Shadrake went down to subpoena them, as there was not time to send the subpoenas down to an agent—Shadrake never told me that he missed the train going down to Emscote, I never heard that before to-day—if I had I should not have gone on with the trial without speaking to counsel—these two copies, of subpoenas were issued from our office either on 5th or 6th June, and all the paper copies—I did not give any out, Mr. Sergeant gave them out, but the parchment subpoenas I do not believe ever left our office.
COURT. Q. Mr. Sergeant said he could not tell whether the subpoenas were filled in before or after the trial; what is the meaning of that? A. You cannot fill in the witnesses names in full till you know them, and therefore the subpoena is always issued in blank, and when the name is put in the copy, of course it is in the original; but it ought not to be put in after the trial, if it was so it was not done with my knowledge: there is no doubt that the moment a trial is over the parchment subpoena should be left in the same state, and if this has been touched it is not with my knowledge.
Mr. PARRY. Q. When was it that you first heard that these witnesses were not in attendance? A. On the day we attended to tax the costs Mr. Jay said some of the witnesses were not present, and I replied with considerable warmth, and said they were there; I did not think he meant the imputation against me, but it came on me by surprise—at that time I had before me Steadman's affidavit—in what I have stated in my affidavit as regards the attendance, I have relied on the statements that Steadman made to me; and but for the experience I have had, I should not have hesitated in doing the same over again, in reference to any other client who I believed to be respectable; afterwards, when I found out the cause of this unfortunate matter, I paid their solicitor all the money that it had cost.
Q. How came it that Shadrake's bill of costs was turned into 1l.? A. We received the money and paid it to Mr. Shadrake; after the order to review, Mr. Jay said he was informed that some witnesses did not come from Warwickshire, and I said to them, "I have had enough of affidavits, make your statement to the Master;" and they did, and were treated as town witnesses, and the bill of costs was reduced from 5l. to 1l.—that had been actually paid to Shadrake—we did not also pay him 5l. for Dickenson—Steadman never paid me back, he was in prison—I have no doubt Mr. Jay believed Dickenson had not come up to London on purpose, I am sure Mr. Jay would not make a statement unless he believed it was true—three sums of 3l. 10s. allowed on the original taxation for Sparks, Miller, and Williams, were disallowed because the Master said that we had too many witnesses to one fact; I drew the Master's attention the counsel's opinion, and he said, "Well, I sometimes differ with counsel, and I do here"—it was Master Walton—it was not on the ground of their not having been paid, but because they were not necessary; if they were
necessary, the affidavit would have carried them—there would be no inquiry about them on the review, only they were put into the affidavit—there would be no question about them on the review as to the sums; for the purpose of getting anything back it was unnecessary, because nothing had been paid—that would also refer to Alfred Carter 5l. deducted, and 5l. allowed to Benjamin Dickenson—we should have banded over every 6d. to Mr. Steadman, we do not keep another person's money—we waited for the trial to come on at the Exchequer all day on the 9th, and the case came on about 12 o'clock on the 10th—Steadman was examined as a witness for about an hour or an hour and a half; he was obliged to sit down while he was being examined—he was not ordered out of Court with the other witnesses, it was arranged that the parties themselves should not go out, either before or after—he was in Court on the 9th and on the 10th—I saw him next morning at ay office, and on the 13th.
Mr. BALLANTINE. Q. By arrangement he remained in Court, the other witnesses being out? A. Yes; that was the case on both days—he remained in Court on the day the cause was tried—from the beginning to the end Stead man never told me that be had subpœnaed the witnesses himself; he never conveyed that to me—Shadrake was constantly assisting him; I had a great deal of trouble in getting the evidence together—since this case, Steadman has taken the benefit of the Insolvent Debtors' Act; he was only out of prison a few days before the last Sessions
Mr. PARRY. Q. Do you know whether be has been a bankrupt before this; and also, whether be has compounded with his creditors? A. I do not know whether he has compounded with his creditors before; all I can say is, he has been a client of our office for fifteen years, and I always considered him a respectable man—he employed a good many men at one time, as many as forty—they had full notice that these parties had never been paid—I took the office copies to Steadman, and being considerably excited that we should hare been led to adopt the course we had, I read them to him and said, "Will you venture to make an affidavit that you knew they were there, or believed them to be there?" and he said, "No, I will not; but at the time I made my affidavit, I believed they were in attendance;" we felt bound to do it in showing cause against the rule, so as not to let him slip through, merely because he was in prison.
COURT. Q. Was your proposition to make an affidavit that they were there, or that he still believed they were there? A. I said, "It is my duty to read to you these affidavits;" and having read them, I said, "Will you now venture to swear you knew they were there, or that you now believe they were there?" he said he would not, and said, "but at the time I made my affidavit I believed they were"—I did not understand from him that he had subpœnaed the parties himself, and I should not like to say that I understood from him that he had personally paid them, but he said they ware paid; I do not think my inquiries at the time went to that—what he told me did not necessarily imply that he had paid them himself—my memorandum is," Alfred Evans has received one guinea, "and the others in the same way" has received. "
EDWARD DIGBY . I am a surgeon, of 205, Fleet-street. I know the defendant, and remember an injury that he sustained by a collision of carriages in Nov., 1851—I did not attend him till some time afterwards; he was under the care of a medical man at Walthamstow—I attended him when he came to London; it was about June—I did not make any memorandum of the time; it was some weeks before the trial—I was rather shocked at his appearance; he was rather in a weak state, and had received serious injuries
on the head and shoulders—I should think there had been concussion; there were symptoms of it, but he was not labouring under it at the time—I looked upon him with some apprehension—I continued to attend him down to the trial—at the time of the trial he was in a very unfit state to attend to business—I do not know whether, while I was in attendance upon him, he went down into Warwickshire; I constantly recommended quiet—I continued to attend him for a week or two after the trial, and then I lost sight of him; and he came to me again about a fortnight ago; he was then much better, but certainly not in good health—I attribute the state of his health to the injury he received—I attended him six or eight weeks in the summer months of 1852—I had claims on him for medical attendance during that time.
COURT to Mr. COX. Q. Can you fix the date when you showed him the affidavits, and asked him if he would undertake to contradict them? A. I can within a day or two; it was in Nov. last; the meeting was, I believe, on 5th Nov., and the rule to show cause was a few days afterwards—on the day of the first taxation I drew his attention to it—I did not draw his attention to the names of the witnesses, as there were no particular names of witnesses, but I said, "Mr. Jay alleges that some of the witnesses were not there"—he was exceedingly indignant, and said they were every one there, and that they had all received the moneys due to them; and my clerk drew his attention to it again before he went before the Master for his allocator.
(The prisoner received a good character.)
NOT GUILTY .
NEW COURT.—Monday, February 28th, 1853.
PRESENT—Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY .* Aged 18.— Confined Six Months.
GUILTY . Aged 19.— Confined Twelve Months.
GUILTY . Aged 25.— Confined Six Months.
GUILTY .** Aged 18.— Confined Twelve Months.
GUILTY .** Aged 19.— Transported for Seven Years.
RUDD pleaded GUILTY. Aged 33.—Recommended to mercy. — Confined Six Months.
PEARCE PLEADED GUILTY . Aged 35.— Confined Six Months.
GUILTY .** Aged 22.— Confined Twelve Months.
Mr. PAYNE conducted the Prosecution.
LOUIS LYONS . I am warehouseman to Messrs. Meyer Meyers and Co., umbrella and parasol makers in Bow-lane. On 9th Feb. I looked over the work in the warehouse, some of it bed to go downstairs to receive an addition to it, the work that was complete I took away—there was one bundle of parasols that was not complete, that I let remain—I was absent about twenty minutes—when I left, I left the prisoner and five or six others in the shop—Levin was one of them—when I came beck from dinner I was told the parasols were gone—I went and looked, and missed them—I have teen them since—it is the bundle produced by the pawnbroker—I cannot say how many parasols the bundle contained—twelve have been produced—they are my employers' property—I have also seen four ether parasols, which are my employers' property—they are the fellow parasols to the twelve—they were not finished when they were in our place.
Cross-examined by Mr. ROBINSON. Q. I suppose you cannot undertake to say that those produced by the pawnbroker were in the bundle that was on the counter? A. I only saw the sticks of them—they were tied round with a white wrapper—the sticks only were visible—I would not swear to them by the sticks—I would not undertake to swear that that was the bundle I left on the counter—I left five or six persons there—it might have been seven—I believe that was the first lot we bad made of that size and that description of sticks—it takes half an hour or three-quarters to make a parasol, or it might take an hour—I saw the prisoner again the next morning—we sent for her, and she came—I am not aware that she was very anxious to come—I heard that she was—she has been very accurate, according to the generality of them—she has been honest—we had about 100 persons in our employ—they were trusted with work to take home.
Mr. PAYNE. Q. Had the bundle of parasols that you left when you went to dinner, and missed afterwards, sticks like these? A. I cannot say—I can swear to these being my masters'—they were made by me in my room.
Mr. ROBINSON. Q. Will you swear that you made these? A. I gave them out of my room to be made, and they were brought in—I will swear they were given out of my room, and taken to the persons' houses to make—it is a peculiar size—I think they are not made by other persons—I cannot swear that they are not—I cannot swear to the sticks.
PRISCILLA LEVIN . I live in York-street, Commercial-road. I work for Mr. Meyers, in Bow-lane—I was there on 9th Feb., between 2 and 3 o'clock—I saw the prisoner there, sitting on the counter—there was a bundle behind her back—I did not take much notice of it—I believe she had a green baize before her, with work in it—she stood that against the other bundle, and threw her shawl over her arm, and said, "I should like to go to sleep"—she
remained in that place about an hour or three-quarters, I cannot say—I saw her go away—when she went she took with her the two bundles that she had been sitting against on the counter—I said to her, "Halloo! what two lots?"—she said, "Yes, for two people"—she went out of the warehouse, and I saw no more of her.
Cross-examined. Q. How long hare you worked there? A. About three weeks—I saw the prisoner at the warehouse about 12 o'clock the next day—she was sent for when I was there—I did not say that was the person—I did not say anything—I worked for Costers before I went to work at the warehouse.
JURY. Q. Were there other persons in the room? A. Yes, a few—there might be five or six—there might be four or five when she took the two bundles.
JAMES BOWMAN THORP . I am a pawnbroker, in Brick-lane, Spitalfields. I produce these twelve parasols, pawned at my shop on 9th Feb.—before they were pawned the prisoner came to my shop, accompanied by another woman—they inquired if I took in parasols; they were told yes; and afterwards the prisoner came alone and brought the twelve parasols, and pawned them for 12s.
Cross-examined. Q. I believe when she came with the other woman the other woman asked the question, and the prisoner stood by 2 A. Yes; I gave a duplicate.
THOMAS WILLIAM ROBINS . I am assistant to a pawnbroker in Whitechapel-road. I produce four parasols, pawned in the evening of 9th Feb. for 7s.—the prisoner came with a short woman—I believe the prisoner took up the money, and the short woman took the ticket—the parasols were handed to me by the other woman.
Cross-examined. Q. Hadyouseen the prisoner before? A. Yes; I knew her face, and the other woman also.
NOT GUILTY .
GUILTY . Aged 20.— Confined Twelve Months.
GUILTY. Aged 13.— Judgment respited.
FRANCES BECKETT . I live in Noble-street, Goswell-street. I am single—I have some houses in Blue Anchor-yard, Westminster, let to a man named Eyres—I employed the prisoner to collect the rent for me—he told me for some time past that the tenant had not paid, and he brought me bills stated to be for repairs done to the houses—this is one bill and receipt that be brought me for work—he told me these repairs had been done, and he made an agreement beforehand—he brought me this bill and receipt, and said be had paid it (read)" Mr. Brand to J. Brown: wainscoating the parlour at No. 21, repairing floor at No. 22, and compoing washhouse, 17s. 6d."
Cross-examined by Mr. BYERLY THOMPSON. Q. I believe you know the
prisoner very well? A. Yes; about twelve months—I have not a daughter or daughter-in-law—I know Mrs. Howard, she is a relation of mine—the prisoner has been keeping company with her at her mother's—the prisoner was employed to collect my rents on commission—I have paid him, and have his receipts—it was about the 8th Nov. I gave the prisoner this money—I think it was in the evening, and in my own house—I never gave him any money anywhere else—he generally brought me 1l. a week, and he brought this bill as part payment, and gave me the 2s. 6d. difference—I have not paid the money since to anyone else—it has never been claimed from me—I have been a loser because I did not receive the rent—I never had any dispute with the prisoner about any houses, or about any property—nothing of the kind—I believed him to be perfectly honest—he has accounted to me for those rents from time to time.
COURT. Q. He collected the rents in this Blue Anchor-yard, and Eyres was your tenant? A. Yes; and instead of paying me the fall rent ho paid it less 17s. 64., and he gave me this receipt.
JOHN EYRES . I live in Gardner's-lane. I occupy the premises in Blue Anchor-yard as tenant to Mrs. Beckett—I have occupied them between three and four months—I do not know a person named Brown, who has been doing repairs there—no person has done any repairs there except what I did myself—the prisoner paid me for what repairs I did—a man of the name of Ludford did the water closet, but that had nothing to do with the house.
Cross-examined. Q. Do you know a person of the name of Brown? A. No; I do not know how much I have been paid by the prisoner; I am no scholar—sometimes J have had two or three shillings for different things that I have done—I have been paid more than 17s. 6d. by the prisoner for what I have done, but it has been two or three shillings one week, and two or three shillings another—I kept no account of it.
THOMAS EVANS (policeman, G 145). I took the prisoner—I told him what he was charged with; he made no reply—I received this receipt from Mrs. Beckett—I went to Blue Anchor-yard—I could find no one named Brown there.
(The prisoner received a good character.)
NOT GUILTY .
FRANCES BECKETT . I reside in Noble-street, and have houses in Blue Anchor-court. The prisoner collected my rents weekly—he produced me this receipt for 3l. 2s., which he said was paid by him to Mr. Ludford for emptying the cesspool—I paid him the money to pay Mr. Ludford, and be brought me this receipt—(read) "Blue Anchor-yard. Mr. Brand to George Ludford. To emptying one cesspool, 1l. 11s.; to emptying another cesspool, 1l. 11s.—3l. 2s. Received, George Ludford. "
Cross-examined by MR. B. THOMPSON. Q. When did he give you this receipt? A. The day after he paid the money—I paid him the money on the day before, on the evening of the 12th, at my residence—I think it was three sovereigns and two shillings—I was not settling other accounts at the time—he asked me for this amount, and I gave it him—he told me he had made an agreement with the man for that amount—no claim has been made on me by Mr. Ludford for this amount—I have not paid it to any one—I paid the prisoner 3l. 2s.; I told him to bring me a receipt for everything—I did not observe whether the whole of this was the same writing—I believe the prisoner can write—I never saw him write—I keep an account book myself—
I enter my accounts regularly, I am in the habit of keeping accounts with regard to those rents, so that I could turn to any particular item I might require—I did not give the prisoner in charge for forgery, but for obtaining money under false pretences—I had not seen Ludford before I gave the prisoner in charge—I have since—I had no personal knowledge when I gave the prisoner in charge that the money had not been paid to Ludford—I did not give the prisoner in charge for felony—I knew that I had lost, because there was a great deficiency in the rents—I did not know that I had lost this 3l. 2s.—I believe the policeman took the prisoner at his employer's—Mrs. Harris is not my heiress—she does not come into possession of those houses at my decease unless I choose—I had no dispute with the prisoner; I gave him in charge because the rents were deficient, when I sent to demand the rents the man had paid.
GEORGE LUDFORD . I live in Duck-lane—the prisoner employed me to empty two cesspools, and he paid me 45s., and he paid the men's allowance—I did not sign this bill; I can neither read nor write—the men's allowances ought to be 5s. a night, that would be 10s. for the two nights—the prisoner treated me with a drop of gin, and paid me 45s.
Cross-examined. Q. Was there not a quantity of gin and other things had? A. Yes; that is what I am alluding to—there was a pint of gin, a gallon of beer, and bread and cheese, and candles—that was 5s. for each night—the prisoner was there—he had expenses of his own—what we had was our own—I had four men, and the 10s. was half a crown a man—I should think the prisoner might have more than half a crown himself—he could smoke a cigar or pipe of tobacco when he liked—I do not know Goswell-street—it may be about three miles and a half from Westminster—I do not know whether the prisoner's expenses might be half a crown or 3s. for the omnibus—he paid me like a man.
NOT GUILTY .
OLD COURT.—Tuesday, March 1 st, 1853.
PRESENT—Mr. RECORDER; Mr. Ald. LAWRENCE; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Second Jury.
GUILTY . Aged 19.— Confined Six Months.
GUILTY .*† Aged 19.— Confined Six Months.
GUILTY . Aged 24.— Confined Six Months.
GUILTY . Aged 18.— Judgment Respited.
GUILTY . Aged 20.— Transported for Seven Years.
353. JOHN FOWLER , stealing 1 order for the payment of 4l. 14s. 8d.; and within 6 months another order for the payment of 5l. 8s. 8d.; and within 6 months one other order for payment of 4l. 8s. 11d.; the property of John Henry Keeps and others, his masters.
Mr. GIFFARD conducted the Prosecution.
JOHN HENRY HEEPS . I am Honorary Secretary to the London Philanthropic Society. Their business is transacted at their offices, No. 17, Ironmonger-lane, Cheapside—the prisoner was in our employment as Secretary, for which his salary was 10l. a year; he also had a commission on collecting; 10 per cent on donations, 10 per cent on new subscriptions, and 5 per cent on old subscriptions—it was the prisoner's duty to attend the meetings of the Committee—the annual revenue of the Society is about 500l. a year, donations and subscriptions together—it was the prisoner's duty to put the tradesmen's bills before the Committee, and to prepare checks for them, which would be signed by the Chairman, the Treasurer, the Sub-treasurer, and the prisoner—it was his duty to hand the checks over, when signed, to the parties for whom they were drawn—on 19th Oct. he attended the Committee-meeting, and produced this account for coals, due to Mr. Blackhall, for 4l. 14s. 8d. (produced), and a check-book, with this check (produced), filled up all but the signatures; it was signed, and handed over to him; it has since been returned to me by the bankers, as paid—on 12th Nov. the prisoner again attended the Committee-meeting, and gave in two accounts; one for 5l. 8s. 8d., for Mitchell, for coals, and the other for 4l. 8s. 11d., for Hall, for bread (the object of the Society is to distribute coals and bread to the poor)—the prisoner at the same time produced two checks, filled in all but the signatures; they were signed, and handed over by me to him, for payment to Mr. Hall and Mr. Mitchell; these checks have both been returned to us as honoured by the Bank—it would be the prisoner's duty to account to us once a month for all payments made and cash received, according to the rules of the Society; that rule has been relaxed in consequence of some excuses made by the prisoner, of illness—I remember a Committee-meeting on 21st Dec., when we felt dissatisfied, and examined the books with reference to the accounts; and the prisoner made a voluntary statement—he was not asked for any explanation; he said, "To be candid with you, Gentlemen, I have been making use of the Society's moneys;" he then took a paper from his pocket, and read various items, which the Chairman took down from his lips in my presence—I saw the paper, and signed it; this is it (produced)—the items he read were all checks drawn; one for Mr. Cockburn was for 5l., and the prisoner said it was only 1l.—the Chairman added it up, and said it came to 40l. 10s. 7d.; the prisoner said, "You have made a mistake in one shilling;" it was added up again, and it came to 40l. 11s. 7d.—the Chairman then read it over to him; he said he was sorry he had used it, but he had been in an action lately, and had been compelled to use it—here are two letters addressed to Mr. Hall and Mr. Mitchell, both dated 11th Dec, and both signed by the prisoner, and in his writing (read—"17, Ironmonger-lane, Cheapside, 11th Dec., 1852. Sir, I am requested by the Committee to inform you that they will sit next week for the settlement of your account, and express their regret that there has been so much delay in the payment. I am, Sir, your obedient servant, John Fowler, Secretary.")—(The other letter was in the same terms. The checks were here read, and were upon Messrs. Prescott; one for 5l. 8s. 8d., in the name of Mitchell, and one for 4l. 8s. 11d., in the name of Hall)—the prisoner had no authority to write those letters—(A third check was here read,
dated Oct. 19, 1852, on Messrs. Prescott, for 4l. 18s. 11d., in favour of J. Blackhall, signed J. H. Heeps, Treasurer; J. E. Batting, Secretary; and T. West, Sub-treasurer.)
Cross-examined by Mr. PARRY. Q. He used to conduct all the correspondence of the society? A. By the instructions of the Committee—we used not to dictate the letters to him; we told him our suggestions, and allowed him to write accordingly—three formed a quorum; it happened at times that there were not three; that happened in consequence of the prisoner's neglect to write to some of the Committee—the Committee met on the third Tuesday in the month, and it was the prisoner's duty to send notices round previously to that—it was also his duty to write letters to the Committee—I was Honorary Secretary, and I did my duty—I never summoned the Committee; I used to give instructions to the prisoner to do so—I did not sometimes forget to do so; I have no recollection of forgetting it; but, for some cause or other, it did happen that the meetings were not so regular as we could desire—whatever I do is a purely honorary act on my part; I never received a farthing in my life—I was with the Society at its formation—the prisoner has been with us two years and a quarter; his salary was 10l. a year; he has six or seven children, I do not know which—we never had a settlement with him; we never could get him up to the mark—I am not aware whether, at the time he was given into custody, there was a full twelve-months' salary due to him; our books will show—I do not know whether during the whole two years and a quarter we have paid him 40l. for salary and commission.
Q. Have you paid him more than 27l. 10s. for salary and commission during the whole two years and a quarter? A. I have not gone into that part of the accounts to see, therefore I do not know—we used to draw a check for petty cash; it appears by his own book that he was in advance of us for petty cash—I know nothing about the accounts except what the books show—this (produced) is our petty cash book, kept by the prisoner; the balance that he claims in it is 14l. 5s. 8d.—this is the only petty cash book—it was not shown from time to time to the Committee—he never claimed that sum by word of mouth—he made disbursements for petty cash from time to time, and we gave him checks from time to time, "Pay petty cash"—we continually asked for accounts, but could not get them—the prisoner collected subscriptions, and got 60l. 11s. in new subscriptions while he was with us—the average income of the Society is between 300l. and 400l. a year.
Q. Was it not his custom, to your knowledge, himself to get the checks cashed before they were paid over to the parties? A. Not unless he had a check for several little amounts, which would be drawn for "sundries," when he would receive it, and pay the tradesmen the amount—the balance at our banker's was never very large—we never drew a check without putting the question to the prisoner," What moneys are there at the banker's?"—we had not the banker's book always—I think there was one instance, and but one, in which a check has been drawn by us, and kept back by the prisoner, because there were not funds in the bank—it appears by the banker's passbook that Mitchell's check for 5l. 8s. 8d. was paid into the bank on Dec. 21st; I do not know on what account.
Q. Was not it paid in on your own account on 21st Dec.? A. No; I think it was Dec. 2nd—here is, "Per secretary, 7l. 4s. 7d."—it is put on one side and then on the other, so that it is of no effect; it might as well have stopped out—we were credited and debited at the same time; the banker's clerk will explain it—the prisoner left our Board on 21st Dec; we ordered
him to withdraw, and he did so—if he had come back again, we should have told him to withdraw again—he came to the next meeting of the Committee, and we gave him into custody, acting on the advice of Mr. Humphreys, the solicitor, the gentleman who is acting as solicitor for the prosecution—the prisoner did not, when he came, ask permission to look at the books—I really mean to say that—after he had been heard before the Magistrate, he was on bail.
Q. Did he come to your office afterwards, and request permission to examine the books? A. I do not know about examining the books; he sent a letter, or brought it; it was brought into the room by the housekeeper—we did not see him at the office—he did not come to the office and make a personal application to look at the books—we have never let him look at the books, either by attorney or accountant—I have no recollection of any application being made to us for that purpose—I really mean to say that no application has been made on behalf of the defendant to inspect the books, so as to enable him to make out his accounts—his accounts could be made out from the books; I have gone over them—whatever I or the Committee have done, has been done in the prisoner's absence, and without any person on his behalf being present—a letter was sent to us by the prisoner—he did not, otherwise than by letter, request that he might have permission to explain his position and his accounts to the Committee.
Mr. GIFFARD. Q. Had he given you an account of what moneys had been received and paid, would you at once have written him a check for what was due to him? A. He never applied for a check without having money given to him—he has on a great many occasions applied to us for accounts—he would have no authority from us to apply any moneys received on account to his salary or commission—all the books of the Society are here—the prisoner kept them—I produce them—allowing him credit for all his claims, money is due to the Society by him independent of these checks—the balance against him is 110l. 16s. 3d.—we call subscriptions old ones when they are a year old—this paper which I am looking at is a statement which I have made out from the books—I can only speak from this paper now, because if I were to speak from the books I should have to take each Independent item for two years and a quarter, and see whether they are subscriptions or donations
COURT. Q. Have you carefully gone through the books? A. Yes, and I make the result against the Society of 110l. 16s. 3d.; that is due to the Society—here is a defalcation between this book and the pass book of 118l. 14s. 4d.—by defalcation I mean deficiency—the 110l. 16s. 3d. against the prisoner includes the 40l. 11s. 7d. of his voluntary statement on the 21st; after allowing him all his per centage and salary, the amount of defalcation, independent of the 40l. odd, is 70l. 4s. 8d.—that is allowing him all his salary and commission, and claim for petty cash.
Mr. PARRY. Q. Have you not omitted to take into the account (this has been just suggested to me by the prisoner) a sum of 15l. or 20l., which has been due to him for petty cash disbursements for twelve months? A. I have taken his petty cash book, and admitted it to be correct—he has never asked for a settlement of the petty cash disbursements—this is the first I have heard of a sum of 20l. for petty cash disbursements for more than twelve months—I know nothing of a guinea with which he has debited himself from a Mr. Cox—I have taken the books just as they are, to make up the accounts—a son of the prisoner was never employed by us, nor was he there working day after day for twelve months—I never saw him there in the daytime in my life—we do not meet in the daytime, and if he had been there I should have
seen him—I have sometimes seen him there of an evening during five or six months, not extending over a period of twelve or fifteen months—I expected to see the prisoner there every day, but not all day—he had no stated times of work—the office was not always open of an evening—it was when the Committee met, which was sometimes twice a week—I never knew anything of this 30l. 14s. 11d. to the end of 1851, which he says he has never been paid, till after he was given in custody; then I went over the books, and saw it, and in going over the books I have taken the balance as he has stated—I did not see that balance when I went over the books, I saw it before you pointed it out to me—I did not take notice of it because I took the balance as Mr. Fowler showed it—it is as it is there; I should be most anxious to give him every benefit—we were informed that he was busy in apprehending a person who had forged upon us—I do not know whether he paid a reward of 3l.
Mr. GIFFARD. Q. Did he from time to time apply to you for checks in payment of the petty cash which he expended? A. Yes; we always gave those checks—he never said one word at our Committee meeting about there being 15l. odd due to him for a twelvemonth—I was almost always at the Committee; I was not away perhaps once in a twelvemonth—I have assumed his accounts to be correct merely for the purposes of my calculation—I have not gone into the items at all, but I assume it in his favour—I am able to say from recollection that we have drawn checks for petty cash in 1852—I or some other member of the Committee have applied to the prisoner for a settlement of accounts I should think twenty or thirty times—we were never able to obtain it.
COURT. Q. Were all these books left in your possession in the office? A. Not in our possession, in the prisoner's possession, and his only—I do not know what he did with them—they were in his charge, and were not accessible to every member of the managing Committee—any member of the Committee could go to the office, and see them if they were there—there was but one key, and that was in the charge of the prisoner—I have often gone there and could not get in, and the other Committee-men as well—there is a housekeeper upstairs.
JURY. Q. Was there any refusal by the prisoner to allow you to see the books? A. We have never asked for the books, but we have asked to have them made up repeatedly—the key was not left with the housekeeper that I am aware of—I never knew her to have it—I always considered it was in Mr. Fowler's hands—I never asked him for it.
JOSEPH BLACKALL . I am a coal dealer, at No. 99, John-street, Tottenham-court-road. I supply the London Philanthropic Society with coals—I rendered the account now produced, for 4l. 14s. 8d.—I applied to the prisoner for my money several times—I remember applying in Dec., the last time I saw him at my house, he promised me payment on the Saturday, or Tuesday following, without fail; but I never saw him after that till I saw him at the Mansion House—I cannot say what Saturday it was, it was about three weeks before I went before the Magistrate—I never received payment of my debt—the Committee have since settled it.
Cross-examined. Q. When was that? A. I think in Jan.—that was after I had been before the Magistrate—I was never paid by a check, always by cash—the former secretary always paid me in cash.
JOHN MITCHELL . I am a greengrocer and coal dealer, at No. 50, Ebury-street—this is my account for coals supplied to the Society, dated 12th Nov.—that was the amount due by the Society to me on 12th Nov.; I applied for
payment—I have since been paid by the Society; I was not paid by the prisoner—on 11th Dec. I received this letter by post.
Cross-examined. Q. Used you to receive checks or money? A. Money, I was always paid in cash.
THOMAS HALL . I supplied some bread to the Society on 12th Nov.; 4l. 8s. 11d. was due to me by the Society—I made several applications to the prisoner for payment—since his commitment I have been paid by the Society—on 11th Dec. I received this letter by post.
COURT. Q. How have you been generally paid, by check or cash? A. Always by cash.
JOHN HENRY HEEPS re-examined. We always give our Secretary's checks for payment of the tradesmen, and never in any other way since I have been connected with the Society, which was from the first day—the late secretary had no authority to pay in cash—the late secretary has had twelve months imprisonment by order of this Court, and now he is abroad.
JURY. Q. Was the whole of the prisoner's time supposed to be employed in the service of the Society? A. Certainly not; he was expected to be there some time every day; not at any particular time; if he had to wait upon a nobleman or gentleman at the West End for a subscription, he must be guided by the time that was most suitable; we expected him to be there some part of the day—if we went there in the afternoon we expected to hear that he had been there in the morning—I cannot tell the number of subscribers we had—when he made known his defalcations he did not proffer to repay them by instalments; we immediately ordered him to withdraw that we might deliberate upon it.
Mr. PARRY. Q. Was he not either at the office, or collecting subscriptions, or seeing to the delivery of tickets, and so on? A. No; he had all those duties to perform.
COURT. Q. Did he carry on any Other business? A. Yes; he managed the business of Wright and Co.'s, printers, near Aldersgate-street, with a little Institution, and occasionally he made up books—I know be made up the books of one Society and one firm—he was allowed to get employment from other people; we did not expect the whole of his time—the collection of 300l. or 400l. would not take much time, and our subscriptions fall due nearly all at one time—just before the cold weather.
WILLIAM BATTING . I am a watchmaker, and live at No. 17, Camomile-street. I am a member of the Committee of the London Philanthropic Society; I was present on 21st Dec. when the prisoner attended—in consequence of something that had occurred the Committee met to examine the books on that occasion—we told the prisoner that we wished to go into the accounts to see how we stood—he immediately took a paper from his pocket, and said, "To be can did with you, Gentlemen, I have been making use of the Society's money"—the paper produced by Mr. Heeps is the statement that I took down from the prisoner's lips at the time: I was chairman—I read it over to him, and he corrected the error of a shilling that I had made in the casting.
Cross-examined. Q. How many gentlemen are there on this Committee? A. Several, fourteen or fifteen, I think—they do not all attend—sometimes three attended, sometimes five, and sometimes six or seven—they are all men of business, engaged in trade—we meet often—I know nothing of the key being left with the housekeeper—I was pretty regular in my attendance—the books were supposed to be in the room—we sometimes asked for them, and sometimes one of the books would be away, and the prisoner would say," I have got it at home, to make it up"—that might be the case sometimes.
Mr. GIFFARD. Q. Suppose you had gone there in the daytime, whom would you have asked for the books? A. The prisoner; we should not have known where to look for them unless he had given them to us—we should have expected to see them in the office—I have been through the books—on 21st Dec, at the time Mitchell's check was paid into the bank, the prisoner would have about 40l. 6s. 6d. in his hands, moneys that had been collected—he kept the banker's pass book.
COURT. Q. Did you take an active part in this Society? A. I did; the tradesmen are always paid by check, that is, we gave the Secretary checks for the money, and the checks having been returned with the pass book we presumed that the tradespeople had received them, and that they had never been cashed by the Secretary.
JURY. Q. At any time when you supposed the books were in the office, did you look for them, and find they were not there? A. No; but we have asked if our books had been made up, and he would say, "No, I have not had time to do it; I will get it done by the next meeting"—the books ought to have been balanced, and come before the Committee once a month, and we can show by our minutes that they were so up to a certain time.
COURT. Q. > Up to what time? A. Nearly a twelvemonth back.
EDMUND SCHOLFIELD . I am a clerk in Prescott's bank. By this pass book there appears to have been 20l. 0s. 1d. paid between 1st Nov. and 20th Dec.—on 20th Dec. there is credit given for a check for 5l. 8s. 8d.
COURT to JOHN HENRY HEEPS. Q. I understand you to say that there were small accounts which you used to give him a check for in the name of "Sundries?" A. Yes, we gave him special orders to get that cashed—on looking over this list, which he handed in as having appropriated to himself, I do not find any of the amounts in the banker's pass book except Cockburn's, and you will find that under the name of Deacon—we never gave him cash, we invariably gave him checks—here is a check here of Oct. 19, which we have written" Sundries" on.
NOT GUILTY .
No evidence was offered.)
NOT GUILTY .
Mr. SLEIGH conducted the Prosecution.
WILLIAM ELEMS . I reside at No. 25, Denmark-street, in the parish of St. Giles. On the night of 25th Jan., I went to bed at a little before 11 o'clock—I was the last person up—the outer door was shut, but not locked—there was no handle outside, but it could be opened with a latch key—I have a room upstairs, and my two sons sleep in the kitchen—in the morning found the kitchen door open, which I had left shut the night before, and missed from that room a coat and shawl, which were safe when my sons went to bed—this is the coat (produced)—I am a tailor, and made it myself—it is my property, and what my son used to wear.
Cross-examined by Mr. PAYNE. Q. Is not Denmark-street a neighbourhood in which a great many coats and clothes are sold? A. Dudley-street is, but Denmark-street is all private houses—there are eight rooms in the house—I am a lodger—respectable mechanics live in the house—the landlord's name is Mancroft—I believe his Christian name is Benjamin—he is a compositor
—one of my sons was fourteen years old last July, and the other eighteen last June—they slept in the kitchen that night—neither of them are here—I found them there in the morning when I called them to go to their work.—I saw the younger one take this jacket off when he went to bed—I know it by having pieced the cuffs, and by my work altogether—I have not pieced the sleeves of any other jacket.
WILLIAM SMEE (policeman, E 110). On 6th Feb. I apprehended the prisoner—I searched the bedroom in which I found him, and between the bed and the sacking I found a number of skeleton keys, one of which I have tried to the prosecutor's street door, and it opens it (produced)—he was living in Carrier-street, St. Giles's, close to Denmark-street.
Cross-examined. Q. What do you call a skeleton key? A. These two are skeleton keys, and here are five other keys—the one that opens the door is not a skeleton key—a woman was in bed with the prisoner—I did not take her at first—she got up and dressed herself, and we left her in the room—I took the prisoner to the station about half past 1 or 2 o'clock in the morning, and he was liberated about an hour afterwards, and was told that if he came in the morning he might have the things which I had taken from his house—he came, and was taken into custody again.
JAMES COFFEE (policeman, E 31). I went with Smee to the prisoner's lodgings, and found in the bedroom eight duplicates, one of which relates to a jacket, in a chest of drawers in the room—I held the tickets in my hand, and asked him where he got the tickets for two coats and a gown, and he said he bought them in a sale room, but whether he alluded to the clothes or the tickets I cannot say.
GEORGE HOWARD . I am assistant to Mrs. Bullworthy, a pawnbroker, of Aylesbury-street, Clerkenwell. On 27th Jan., Thursday I think, the prisoner came there to pawn a jacket and coat—this coat (produced) is one to which this ticket refers; it was pledged by the prisoner for 5s.—I produce the duplicate ticket—I have no doubt of the prisoner being the person who pledged it—it was beeween 11 and 3 o'clock, I believe.
Cross-examined. Q. Do a good many people come to your shop? A. Yes; this was pledged in the name of John Nicholls—I am quite sure it was not a woman who pledged it—I had never seen the prisoner before—I cannot recollect the person who pledged anything immediately before or after him—these pea jackets are a description of goods we very seldom take in—our place is some distance from Seven Dials—I noticed that the jacket had been new cuffed, but do not know whether I told him about that.
JURY. Q. Do you know whether your sons are acquainted with the prisoner? A. Not at all, nor did I ever see him before.
GUILTY of stealing the jacket.
(The prisoner was further charged with having been previously convicted).
CHARLES DENHAM LANGHAM (policeman, E 168). I produce a certificate of the prisoner's conviction at the Westminster Sessions—(read—" Charles Royal, convicted Nov, 1851, of housebreaking and larceny.—Confined twelve months")—I was present at the trial—the prisoner is the person.
GUILTY. Aged 20.— Transported for Seven Years.
NEW COURT.—Tuesday, March 1st, 1853.
PRESENT—Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHALL, Knt., Ald.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 25.— Confined Six Months.
GUILTY . Aged 20.— Confined Four Months.
GUILTY . Aged 25.— Confined Six Months.
GUILTY . Aged 22.— Confined Six Months.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 47.— Transported for Seven Years.
MESSRS. ELLIS and POLAND conducted the Prosecution.
CATHERINE BROOKS . My husband keeps an hotel, in Henrietta-street, Covent-garden. On 23rd Feb. the prisoner came, about 10 o'clock, for a pint bottle of stout—he gave me a half crown; I gave him 2s. change—I did not like the look of the half crown, and I tried it in the detector—I found it was bad; I gave it to my husband, and I told him to stop the man—my husband took hold of his arm and told him to stop, but he went out.
Prisoner. I came back when I was called. Witness. No, you did not; my husband held your arm.
THOMAS BROOKS . I am husband of the last witness. I remember the prisoner coming to my hotel—I fetched the stout out of the cellar—my wife gave me a bad half crown—the prisoner heard her say it was bad—I said to the prisoner, "Here! I want you; stop"—he put his hand on the front of the counter, and I took hold of his wrist; I took the two good shillings from him—I told him to stop; but I had to go through two doors to get to him, and during that time he went out of the house, and got into the street—I followed him—when I got to the door he was about four or five houses off—I followed him, and stopped him—I asked him where he was going to take the stout to that he had come for—he pointed to Bedford-court, and I do not know whether he said "Bedford-court" or "the court;" he said, "I am going there"—I told him I would go with him—I took hold of his collar—
he said, "Don't tear my coat off my back; I am not going there; I don't live there"—I think he felt inclined to resist, but two or three gentlemen and a policeman came up, and I gave him in charge—I marked the half crown, and gave it to the policeman.
WILLIAM CHAPMAN DIXON (policeman, F 103). I received the prisoner on a charge of uttering a bad half crown—I received this half crown from the last witness—I found nothing on the prisoner but a tobacco box—I asked him where he lived—he said, "Nowhere"—I asked him where he slept the bight before—he said, "In the street. "
Prisoner. A Person asked me to fetch a bottle of stout, and gave me this coin.
GUILTY .— Transported for Seven Years.
MESSRS. ELLIS and POLAND conducted the Prosecution.
ANN FROWD . My husband keeps a coffee-shop, in Great Russell-street, Covent-garden. I was serving there on Friday, 18th Feb.—the prisoner came between 12 and 1 o'clock in the day—I served her with a cup of tea, which came to 2d.—she gave me in payment a shilling—I put it into my pocket, where I am sure I had no other money—I gave her 10d. change—I had to go away to get it; I gave it her, and she went away—in about five minutes after she was gone I discovered that the shilling was bad—I put it away into a cup, where there was another bad shilling, and nothing else—I put the cup away, and locked it up—I afterwards gave the two shillings that were in the cup to the constable—on the next day, the 19th, the prisoner came again, between 12 and 1 o'clock—she had a cup of coffee—she gave me a shilling to pay for it—I discovered it was bad—I sent for a policeman, and gave the prisoner into custody—I gave the policeman the shilling that were in the cup—I am quite sure that the prisoner is the person who was there the first day; I recognized her when she came in the second day.
COURT. Q. Have you any doubt that she was the person? A. No; I had seen her twice before in the course of that week; four times in all—I took the first bad shilling that week, on the Thursday.
WALTER HOLMES (policeman. F 50). The prisoner was given into my custody on Saturday the 19th—Mrs. Frowd gave me a shilling, which she said the prisoner had passed—I requested her to mark it, which she did—she then said. "I have got two more, one of which the prisoner passed yesterday"—she went and brought two shillings from a box, and she said, "There are the two shillings, I don't know which the prisoner passed"—the three shillings were given me together, but I have kept them separate—this is the one she gave me first, and marked—I had marked the other two differently—when it was said that the prisoner had passed one the day before, the prisoner said she never was in the house before—I asked where she lived; she said she had no particular residence.
(The prisoner produced a written statement, acknowledging her guilt, and begging for mercy, being in distress and deserted by her husband.)
GUILTY . Aged 28.— Confined Six Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
MARY ANN HAGMAIER . My father keeps a pork-butcher's shop in St. George's-in-the-East. On Saturday, 5th February, the prisoner came between 7 and 8 o'clock in the evening—I served him half a pound of pork sausages—he tendered me in payment a half-a-crown—I detected it, and bent it nearly double—I gave it him back, and he said, "This is London"—he gave me a good half-crown; I gave him change, and he went away—I have not any doubt that he is the man.
Prisoner. What she states is correct.
JANE DICKS . My husband is a tallow-chandler. On Saturday, 5th February, the prisoner came about 8 o'clock at night for a penny bottle of ink—our boy, Hardcastle, served him—he offered me in payment a shilling—I put it in my detector, and found it was bad—I told the prisoner so—I kept the shilling, and the prisoner gave me a half-crown; I put that in the detector, and found it was bad—I kept that, and the prisoner gave me a good shilling—I gave him change—I told the boy to take the bad shilling and the half-crown to my husband—the prisoner said, "This is London: the sooner I get out of it the better"—he said he got change that morning for a half-sovereign in Westminster, and he named the house, but I did not hear what he said.
Prisoner. Q. Did I remain in the shop till your husband came? A. Yes
GEORGE THOMAS DICKS . On Saturday, 5th February, I was in the next house, and I was fetched into my shop—the prisoner was at the counter—the boy Hardcastle put a half-crown and a shilling in my hand, they were both bad—he pointed to the prisoner, and said, "This man has tried to pass to mistress this bad half-crown and shilling"—I asked the prisoner if he had any more of them—he said he did not know, he would look; and he immediately said, "This is London, the sooner I get out of it the better"—he said he had changed a half-sovereign that morning in Westminster, naming the house, but I forget it—I sent the boy for a policeman; before he came the prisoner went out—the policeman went and brought him back—I showed the bad shilling and half-crown to the policeman, and delivered them up at the station.
JOHN HARDCASTLE . I am in the service of the last witness. I was in the shop when the prisoner came and asked for a penny bottle of ink—he took the ink, and gave my mistress a shilling and a half-crown—they were bad—she passed them into my hand, I kept them, and when my master came in I put them in his hand—I am sure they were the same I received from my mistress.
ROBERT KADWELL (policeman, K 257). I was on duty on 5th February. The prisoner was pointed out to me by the last witness—I took him back to the shop—Mr. Dicks said he could not leave; I said, if not, the prisoner must go—he then said he would go, and the prisoner walked to the station—the prisoner said he changed half-a-sovereign that morning in the Broadway, Westminster—I found on him two shillings, one sixpence, and five penny pieces, all good.
Prisoner. Q. Where did you take me after I left the shop? A. About three doors off—you made no resistance.
Prisoner's Defence. I came up to London to look for a ship; I went in the shop to purchase half a pound of sausages; I then went to the Cock and Neptune, and remained there a few hours; I then went to the last witness's shop, and gave her a shilling; she said it was bad; I then gave her the half-crown, and that was bad; if I had known it was bad, would I have given her
another coin, knowing it would undergo the same operation? and not only so, but I had every opportunity to get away; I bad changed half-a-sovereign that morning, at a house on the left-hand side in the Broadway; all the change might be bad, for I did not even count it; the first half-crown I destroyed previous to my going to the Cock and Neptune.
COURT to MRS. DICKS. Q. Was the half crown that the prisoner gave you bent? A. No.
GUILTY . Aged 32.— Confined Six Months.
GUILTY . Aged 28.— Confined Twelve Months.
366. FREDERICK VETMAN , stealing 1 pair of trowsers, and 1 scarf, value 17s., the property of Alexander Murray; also, 1 mantle, and other goods, value 4l., the property of Thomas Redden: to which he pleaded
GUILTY . Aged 33.— Confined Four Months.
GUILTY . Aged 18.— Confined Four Months.
MEREDITH POWELL . I live at Rutland Wharf, Upper Thames-street, and am clerk to Purcell and Co., coal merchants. On the night of 18th Feb. I went down to the wharfs at 10 o'clock—I saw the prisoner, whom I had seen before—he had two empty sacks, which I saw him partly fill with oats from a bulk lying immediately under the wharf—the oats were Messrs. Henry Green and William Keene Sedgwick's—Cullen was with me—he came and told me of it, and he accompanied me—I sent him for a policeman; I remained, jumped down, and stopped the prisoner—he required very little stopping; he stopped very quietly—he said he was very sorry, he had been out of work a long time, and he had a wife and family—he shot the two sacks into the bulk again.
Cross-examined by Mr. BALLANTINE. Q. You say these oats belonged to Green and Sedgwick, are none of the owners here? A. No, neither of them—Mr. Berridge is owner of the barge—I can only say that Green and Sedgwick belonged to that bulk—I saw them landed from that barge.
NOT GUILTY .
GUILTY . Aged 19.— Confined Four Months.
GUILTY . Aged 17.— Confined Twelve Months.
HENRY PLEADED GUILTY.
JAMES BRETT (City-policeman). On Friday evening, 28th Jan., I was on the north side of St. Paul's Churchyard, about 5 o'clock—I met the two prisoners together—I watched them—they were walking, and after James had given Henry a paper, which looked to me like a letter, Henry left James—James stood for four or five minutes where Henry had left him; he then ran quickly round St. Paul's Churchyard, towards Watling-street; he there joined Henry, and they went on in company till they came to Mr. Pawson's, No. 9, St. Paul's Churchyard, near Paul's Chain—I there lost sight of James—I watched Henry for some minutes, who was outside, walking backwards and forwards in front of No. 9, and I did the same—I then saw James come from the door of Mr. Pawson's with a large square box on his arm—he turned down Paul's Chain, where he joined Henry—they went along Carter-lane together, where James gave Henry the box—I followed them through a number of courts and streets the back way till they came to Tudor-street—I there saw before me a constable coming—I got before the prisoners, and had a communication with the constable, and when the prisoners came up we stopped them both—Henry then had the box—I said to him, "Where did you get this box?"—he said, "I picked it up"—I said, "Where?" he said, "I mean a man gave it me to carry; "I said, "Where to?" he said, "To Cheapside; "I said, "You are going in the wrong direction for Cheapside; your answers do not satisfy me; you must come with me to the station;"—I told the other constable to bring James—Henry said, "I don't know that man; he is not with me"—James said, "What are you taking me for?"—I said, "For being in company with this man, and having in your possession this box"—he said, "I never had that box in my hands"—we took them to the station, and Henry was asked what the box contained—he said he did not know, but he again stated that a man gave it him to carry—they both refused their address—I found on Henry one latch key, and three keys on James, and this guard, and a pair of gloves—I found these two mantles in the box.
James. My answer to you was, "I had the box, but I did not know this man. "
JOHN KENNARD . I am errand boy to Mrs. Watkins On, Friday, 28th Jan., I took a box to Mr. Pawson's, in St. Paul's Churchyard—I got there about 5 o'clock—when I got between the two doors I saw the clerk—he said, "Are these the returned cloaks?"—I said, "Yes"—he said, "You must take them round the back way"—the prisoner James was between the two doors—I was carrying the box round the back way, and the prisoner James tapped me on the shoulder, and said, "Are these the two returned cloaks?"—I said, "Yes"—he said. "Give them to me; I am the ware-houseman"—I said, "I want the bill receipted"—I gave him the cloaks, and asked him to receipt the bill—he said he was very busy that night unpacking, and said I was to call the next day between 10 and 11 o'clock for the box and the bill receipted—I left him and went home—I feel confident he is the same man that took the box of me—this is the box, and these cloaks were in it at the time.
James. Q. What did I say to you? A. "re these the returned cloaks?" and I said "Yes"—I asked you for the bill—you said "I have not got time to-night"—you said, "It is quite right, I am the warehouseman"—I gave you the bill with the box.
JOHN HENRY FOSKEY . I am warehouseman to Mr. John Falshaw Pawson and Co. Both those mantles are ours—the box does not belong to us—these mantles were sold to Mrs. Watkins on 3rd Dec.—it was on their being
returned that they were stolen—they were sold conditionally—all goods are sent out on approbation—they had become Messrs. Pawson's when they were returned—it was not to me that the boy came with the cloaks; he came to the front door—the person who directed him is not here.
COURT to JOHN KENNARD. Q. Did Mrs. Watkins, your mistress, send you back with these cloaks to Messrs. Pawson's? A. Yes; I went in the premises the front way, and a man inside said, "Are these the returned cloaks?" I said, "Yes;" he said, "Take them the back way round, to the right;" and when I got round the prisoner came and tapped me on the should—I delivered them to him before they got into the premises—I had never parted with them till I gave them to this man—my mistress is married; her husband's name is Thomas Watkins—I have heard her call him Thomas Watkins
(The indictment was amended by the Court substituting the name of "Thomas Watkins" for that of" John Falshaw Pawson and others.")
James's Defence. This is entirely a mistake; I have been beguiled into this On 28th Jan., between 4 and 5 o'clock, I was in St. Paul's Church-yard with this man; we stopped there a few minutes, and I went down to Watling-street; I had parted with this man; I saw a gentleman come in a great hurry out of Messrs. Pawson's; he pointed out the lad as coming from there with the returned cloaks; he said I was to go to him and ask for the bill; I went and asked him if he had got the cloaks; he said yes, and he returned them to me, and the bill; the gentleman took the bill from me, and told me to go with the cloaks to the Golden Cross, and leave them there in the name of Thomas Webster; Henry then came and joined me, and I told him to carry the box; when we were in Tudor-street we were stopped by Brett; I told him I had had the box, but I did not know what it contained. I have been made a tool of in this case; I acknowledge having the box, but I obtained it from the boy; he states that he saw me near the door; it was out in the street, it was not near the door; I am entirely innocent of any guilty knowledge.
Henry's Defence. When I pleaded guilty I meant I was guilty of carrying the box; I did not know it was obtained dishonestly.
HENRY— GUILTY .
JAMES— GUILTY .
The prisoners were both further charged with having been previously convicted.)
HENRY CHAMPION (policeman, F 107). I produce a certificate of the conviction of George Palmer on his own confession at this Court (read—Convicted, Sept., 1850, of stealing six birdcages. Confined nine months)—Henry is the man.
JOHN STRADLING (City policeman, F 117). I produce a certificate (read—Aug., 1851. William Reynolds, convicted of stealing a coat, having been before convicted. Confined twelve months)—James is the man—I know him well.
Henry. It is nearly two years since I came out ofmy last imprisonment; I then got employ at the House of Lords, and gave every satisfaction till I was discharged; I then got work at the army clothing, which is very small pay; I then went in the militia, and was just out of that when I was taken; I expected my brother-in-law here to prove how I conducted myself; I have tried everything to get an honest living—no one can say I have been doing wrong.
HENRY—GUILTY. Aged 24.
JAMES—GUILTY. Aged 23.
Transported for Seven Years.
OLD COURT.—Wednesday, March 2nd, 1853.
PRESENT—The Rt. Hon. the LORD MAYOR; the Rt. Hon. the LORD CHIEF JUSTICE CAMPBELL; Mr.JUSTICE MAULE; Mr. Ald.FAREBROTHER; Mr. Ald.LAWRENCE; Mr. Ald.WIRE; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Third Jury.
GUILTY . Aged 33.— Confined Twelve Months.
Before Lord Chief Justice Campbell.
373. WILLIAM HENRY KING, THOMAS WYATT , and CHARLES HILDEBRANDT , were indicted for forging and uttering a certain deed, purporting to be an assignment of a certain judgment debt of 566l. 5s., with intent to defraud.—Other COUNTS varying the manner of stating the charge.
MESSRS. BALLANTINE and METCALFE conducted the Prosecution.
Mr. BALLANTINE offered no evidence against HILDEBRANDT. NOT GUILTY .
JOHN JACKSON LEE . I am the prosecutor of this indictment; I am a solicitor. In the year 1846 I occasionally went to the offices of Mr. George Lewis, in Barnard's Inn—at that time the two prisoners, King and Wyatt, were clerks to Mr. Lewis—I remember going to the office on 3rd July, 1846; I saw King there, and Mr. John Minn Cooke—King said that Mr. Cooke had a judgment against Lord George Loftus for 500l. or 600l., and asked me if I would become the purchaser of it, at the same time stating that he had papers then before him, abstracts or copies of settlement, showing that the late Marquis of Ely had covenanted with trustees, on his marriage, to insure his life for the sum of 10,000l. for each younger child; that the Marquis had omitted to do so, and he, King, was about to take proceedings either against the present Marquis, or the trustees of the late Marquis, to recover the 10,000l.; and that, should he succeed, there would be the prospect of a tolerable dividend under Lord George Loftus's estate, he having taken the benefit of the Insolvent Act—after discussing the matter, I was shown the judgment paper, and the bills upon which the action against Lord George was founded—after some discussion, I ageed to purchase it of Mr. Cooke, who was the party holding it—that agreement was reduced to writing—this is it—King wrote it out—it is signed by me and Mr. Cooke—(this being read, was a memorandum of agreement, dated 3rd July, 1846, between Francis Gibbons, by John Minn Cooke, his agent, of the one part, and John Jackson Lee of the other part; and recited that on 30th May, 1842, the said Francis Gibbons obtained a final judgment against Lord George Loftus for 558l. 3s. debt, and 8l. 2s. taxed costs, which he (Gibbons) agreed to sell the said J. J. Lee for 70l.; 50l. to be paid on the signing of this memorandum, and the remaining 20l. on the execution of the assignment by Gibbons; it was signed by John Minn Cooke and John Jackson Lee)—I paid down 50l. at the time—I then called for the assignment—I think it was in the following month; I might have called two or three times—on 21st Aug. I called again, and it was not then executed—I saw King, and he asked me to let him have a further payment on account of Mr. Cooke—I then paid him 10l.—he stated that the assignment should be put in hand immediately, and I should have it on the following day—that was all that took place on 21st Aug.—I might have called between 3rd July and
21st Aug.; very likely I did—I called on 21st Aug., and again on 22nd, and King said be would send Wyatt out to get the deed executed—I do not know that Wyatt was present at that time; they sat in different rooms, and I do not know that Wyatt was in the room; I think not—I called again some time in Sept.—I saw King, and paid him the balance, 10l., to make up the 70l.; I also paid him 2l. for the stamp of the deed, and received the deed from him—this is it—it is in the same state in which I received it—(the deed was here read. It was dated 22nd Aug., 1846, and purported to assign the debt in question to John Jackson Lee; it was signed Francis Gibbons, and witnessed by Thomas Wyatt, clerk to Mr. Lewis On the back was a receipt for the 70l., also signed Francis Gibbons, and witnessed by Thomas Wyatt)—I believe this signature "Francis Gibbons" to be Hildebrandt's writing—the attestation of Thomas Wyatt is Wyatt's handwriting—I speak to both of Wyatt's signatures—in consequence of information I received, some time at the latter part of last year, I asked Wyatt if he could give me any information about Francis Gibbons; what he was, and where he resided—he displayed some hesitation at first, but on my second inquiry he told me that he was a carver and gilder in Piccadilly—I have looked when I have occasionally gone through Piccadilly, and could see no such name—I did not go for the express purpose of ascertaining whether there was such a person, but I have gone up Piccadilly on one or two occasions and looked, and could see no such name; and I made inquiries of persons in the street, and could hear of no such man—I also directed my clerk, William Jackson, to make a search—I have advertised for Francis Gibbons, but cannot ascertain that there is such a person—I have made inquiries for Lord George Loftus, both at the Marquis of Ely's and at the late Marchioness's—they told me he was at Hanover.
Cross-examined by Mr. PARRY. Q. Is there such a person as Lord George Loftus? A. Oh yes; I went with a subpœna to procure his attendance both to the Marquis of Ely's and the Marchioness's—I could not ascertain on what part of the Continent he was—I believed that there was something wrong about the deed last year, but I only ascertained that it was a forgery yesterday six weeks—it might be in Sept. or Oct. last year that I believed there was something wrong about it; when I made the inquiry of Wyatt which I have spoken of—I gave King and Wyatt into custody on a Tuesday; it was about the 18th or 19th Jan.; it was the day after I got information of the forgery—it was the day before the trial of an action against me at Westminster—King and Wyatt were both my witnesses on that trial; I had subpœnaed them both—I cannot tell whether they were to be witnesses for the plaintiff—it is impossible I can tell who a man intends to call for his witnesses—King's son was the plaintiff in the action, as executor of Mr. Lewis—there was a claim against me of 113l., to which I had a good defence—I have reason to believe the record was withdrawn—I have subpœnaed Mr. John Minn Cooke—I have known Hildebrandt by sight perhaps six or eight months, but I did not know his name—I do not know when I first knew his name; I should not have known it till I was told yesterday six weeks—I knew him by sight five or six months before that—I had seen him at Lewis and Cooke's offices, and once or twice since, I believe—I might have heard his name before yesterday six weeks, but it is an uncommon name, and I might have forgotten it—I never had any dealings or transactions with him—I never received any communication from him in writing, and never saw him Write; but I have seen some of his writing which he has given me.
Q. If you have never seen him write, or received any written communication from him, how cameyouto swear that you believed this signature to be his writing? A. Because when I went to him, when I was first informed of the forgery, I asked him to give me some of his handwriting that I might see it—when I was informed who had committed the forgery, I asked a party to show me his house—I waited about the house probably about a couple of hours, with the intention of taking him into custody; I did not succeed, and I returned to town, and apprehended the two prisoners—I then returned to Hildebrandt's—I got into the house, the door being opened upon my knocking at it, and I walked up stairs, and found him—I produced the deed to him, and asked him if he had any of his own handwriting by him; and be then gave me this small note, stating that this was his handwriting—that is my only knowledge of his handwriting, and from what passed between us at the time—I paid the 50l. in the first instance; that was in Mr. Cooke's presence—I think Mr. Cooke was present at the whole of the first interview—I received a note of hand and judgment paper at the time of the agreement—these are them (produced).
Q. I believe, besides being an attorney, you are a discounter of bills, are you not? A. I do not discount myself; I get my clients to discount paper—I am not a good deal on the turf, not at all—I am not a betting man—I have occasionally betted, but not for some time past, and not to any very large amount, certainly not to the amount of thousands, not to 1,000l. or 2,000l., nothing like it, neither as a loser or winner—I formerly resided at Leeds—I was never charged with any assaults at Leeds; I was new charged with one in my life—I never had a summons served on me—I was never charged with stealing a bill by a Mr. Davis—I know what you allude to, and will explain it—a gentleman of the name of Davis, who has since been charged with robbery, came to me, and asked me to obtain a loan of 400l. by way of mortgage on a gentleman's property—I said I would do it—I was going to obtain the 400l. on security—a few days afterwards he came to me, and said, "Would you oblige the gentleman with a loan of 100l. or a bill till you procure him the money?"—I said I would see if I could obtain the 100l.—I let the man Davis have 28l.—in consequence of something that transpired, I found I had been deceived by the party wishing to borrow the money, and I put the bill, which I considered as so much waste paper, into my sideboard drawer—I received a letter from a Mr. Hornage, wishing me to restore the bill—of course I wished to have back my 28l. which had been got from me—I was told if I did not restore the bill to the drawer of it by 2 o'clock in the day, proceedings would be taken against me; the clerk was to call for it—I stayed at home to see the clerk, and, to my great surprise, who should come in but Mr. Hornage, the drawer of the bill, with a police-man, and said he would give me in charge, for having paid away the bill, and got the proceeds in my pocket—I said, "Well, if that is the charge, I will go to the police-office at once"—I took the bill out of the drawer, and went to the police-office—I lost my 28l., and the Magistrate said, "There is no charge against Mr. Lewis"—I was the injured party—one of the parties has run away, another has been indicted for perjury, and the third was taken for stealing—it was a plan to rob me of my money—I know the Baroness do Blaquire—several boxes were entrusted to my care; they belonged to the Baron, and were his property—I was never threatened with criminal proceedings for breaking open those boxes—nothing of the kind transpired what I did was by the Baron's authority, and it was his property.
Cross-examined by Mr. RIBTON. Q. Was the 21st Aug. the first time
you called at King's? A. I might have called several times before, and no doubt I did—that was not the first time that anything was said about this judgment; I might have said, "Is the assignment ready?"—the assignment was given to me in Sept.—I cannot say whether I saw Wyatt on any of the occasions; it is very likely I did; I cannot tell whether I did or not—King sat in one office, and Wyatt in the other—it was with King that I had the conversation.
Mr. BALLANTINE. Q. Have you had any communication with Mr. Cooke further than directing the subpoena to be served upon him? A. He called on me last night, and said he would attend here this morning.
(John Minn Cooke was called, but did not appear.)
CHARLES HILDEBRANDT (the prisoner). I am a carver and gilder by business. I have known the prisoner King about twenty years—the signature of "Francis Gibbons" to this deed is my writing, and also the name of "Francis Gibbons" on the back—I wrote it in Aug., 1846—I called on Mr. King, at Barnard's Inn, for a little money that be owed me, and he said, "Now you are here, I want you to sign a deed"—I do not recollect what answer I made—he placed the deed before me—this is the deed—I think no one but King was present at the time—he had written out the name I was to sign on a piece of paper; and when I saw it was not my own name, which I supposed it was, I made an objection—I said I objected to write any other name but my own—he then stated that it was only a matter of form, and that any person passing through the Inn would answer the purpose quite as well as me—he said, "Don't you think for a moment that I would lead you into an error"—I then signed the deed—I made a mistake in the first signature; I put a letter wrong—this is the signature I speak of, at the bottom; the mistake I made was an "e" instead of an "i," or an "i" instead of an "e," I do not know which—I then signed this at the back; it was done at the same time—no one was present but King and myself at the time; it was all done within two minutes; I do not think there was any one there; I do not remember seeing any one as I was leaving the office, but I think Mr. Walbanck came in as I went out—I am not quite certain whether I spoke to Walbanck or not.
Cross-examined by Mr. PARRY. Q. If you had spoken to Walbanck do you think you could have forgotten it; this is a very remarkable circumstance, your signing another person's name; I suppose you have not very often done that in the course of your life, have you? A. I have not—I may have spoken to Walbanck and forgotten it; it was some six or seven years go—I cannot recollect whether I told him what I had done—I call myself a carver and gilder; I have dealt in pictures—Walbanck and I have been lately dealing together in pictures—he has not charged me with stealing any pictures from him, nothing of the kind; I never heard of such a thing—he owes me money, and I have detained the pictures till I get it; I have not pawned them—I am sure of that; not any of them; I have sold them—I was in the habit of selling pictures six or seven years ago, and all my life—I have from time to time sold pictures to Mr. King when he was in better circumstances—I was in the habit of calling at his office, in Barnard's Inn, for that purpose—I do not know Mr. Lewis or Mr. Cooke—I was in the habit of calling there most every week, very often—I have been very unfortunate through life, and have met with heavy losses—I have been a bankrupt once, and insolvent twice—I cannot tell when the last time was; it is twelve or sixteen years ago—I have had no promise whatever from Mr. Lee, or any
one, to state what I am stating to-day—I thought it most prudent to do as I have done.
Q. Have you not over and over again said that you never did sign this deed? A. In consequence of its being copied from a piece of paper, when I first saw the deed I certainly did not know the handwriting; that was when Mr. Lee came up to my lodging—I told him it was not my handwriting; I thought so myself for some time—I have not the least doubt about it now—I do not recollect having said, in the presence of Mr. King or Mr. Dunn, that it was not my signature—I should not like to swear positively that I did not—I have not said to Mr. Dunn that it was not my signature, and that I knew nothing about it—I am sure I have not—I do not say I have not said so to any one, because it is possible I may have said so—I did say so to Mr. Lee, and at first I very likely said so to others, because it was my impression that it was not my handwriting; but afterwards the circumstances, more especially that little mistake in the name, came across my mind, and then it struck me that the circumstance took place—I have not seen the deed since I saw it in Mr. Lee's possession up to this moment when it was put into my hand.
Mr. BALLANTINE. Q. When did you first know that you were to be examined as a witness? A. I can hardly recollect.
WILLIAM JACKSON . I am clerk to Mr. Lee, the prosecutor. I have at different times gone to the offices of Messrs. Fisher and Cooke, attorneys, in Gray's-inn-square, and have there seen Wyatt and King, both in the present year and last year—I believe they were there acting as clerks; they were engaged in business in the office—I do not think I had any conversation there with Wyatt about this deed; I had on one occasion at the prosecutor's house; that was about three or four months before the prosecution commenced; it may probably be six months ago—I had instructions from Mr. Lee—I said to Wyatt, "Oh, how about that assignment of Gibbons?"—he hesitated before he answered me, and then laughed, and said, "Oh, it is all bosh"—I think that was all that passed—I have made inquiries in Piccadilly for Mr. Francis Gibbons—I searched through Piccadilly for such a person—I think it was on the morning of 22nd Jan. that I was there last—I made inquiries at about every third or fourth number from end to end—I inquired both if they knew such a person living there then, or whether they knew such a person living there in 1846—I described him as a picture dealer—I did not hear of any such person.
Cross-examined by Mr. RIBTON. Q. How long have you been with Mr. Lee? A. Six or seven years, I should think—I had not said anything to him about this prosecution at the time I had this conversation with Wyatt; no one was present.
Cross-examined by Mr. PARRY. Q. At the time you spoke to Wyatt about the assignment, was the action pending which Mr. Lee has spoken of, in which the record was withdrawn? A. It was before then; I am sure of that.
Mr. BALLANTINE to CHARLES HILDEBRANDT. Q. When you went in Aug. to Mr. King's office, can you recollect whether you called by accident, or were sent for? A. I called by accident, for a few shillings which he owed me.
THOMAS WILLIAM WALBANCK . I know Wyatt and King—they were fellow clerks of mine in 1845 and 1846—Mr. Lewis, I believe, was considered the master—Mr. King acted ostensibly in the business as master—I know Hildebrandt—I have seen him at King's several times, I mean at the
office in Barnard's Inn—in Aug., 1846, I understood King to say that he was going to write to Hildebrandt—I believe he did write; but really it is so long since, that I cannot call to mind—I recollect that Hildebrandt was there about 17th Aug.; I saw him there—after he was gone, Mr. King told me to put down the name of Mr. Gibbons in the call-book—this entry (looking at it) on 17th Aug. is my writing; it is, "Mr. Gibbons;" I wrote it, as King desired me—I think Hildebrandt called again in the course of a few days—here is another entry in the call-book, on the 19th, of "Mr. Gibbons;" that is my writing; I entered it by Mr. King's instructions—I cannot say whether Hildebrandt was there or not on the 19th.
COURT. Q. Do you know any person of the name of Gibbons? A. I do not.
Mr. BALLANTINE. Q. I understand you to say that you saw Hildebrandt some three or four days, or more, after the first entry was made? A. Yes, or it might have been a day or two after—he was at the office, and I saw him when he was going out—I saw him in the office; Mr. King was there—I saw Hildebrandt coming out of the front office; that is the room in which Mr. King sat—he spoke to me as he went out—after he was gone, Mr. King came into the back office, and brought a deed, and asked me to indorse it—I did so—(looking at the deed) this is my indorsement, the whole of it—the body of the deed is engrossed by Wyatt—I know Hildebrandt's handwriting; I have had means of knowing it—I believe both these signatures of "Francis Gibbons" to the deed to be the handwriting of Hildebrandt—the words "Signed, sealed, and delivered, by the within named Francis Gibbons, in the presence of," are in Wyatt's writing—this is Mr. King's diary (produced); this entry under the date of 3rd July is in his handwriting, "Gibbons's assignment of debt, 15l."—this entry in Aug., without a date, is also his writing, "J. J. Lee, account of judgment, 10l."—these entries in Sept. are also in his writing, "12th Sept., J. J. Lee, on account of judgment, stamp, 35s.; total, 2l.;"" Ditto, 5l."—"21st Sept., J. J. Lee, balance, 5l."
Cross-examined by Mr. PARRY. Q. In 1846 how long had you been with Mr. Lewis? A. About a year, I should say—I was not an articled clerk—I believe there was afterwards a change in the firm from Lewis to Lewis and Cooke, and from Lewis and Cooke to Fisher and Cooke, at the death of Mr. Lewis; I was not there at that time—the Mr. Cooke is Mr. John Minn Cooke—I am now secretary to the Metropolitan Cab Company—I am also a shareholder to a considerable amount—I have 600 or 700 shares—I have paid 500l. or 600l. upon those shares—I paid that sum some time ago—I cannot say when—it was paid in different sums—the company has been in existence for the last eighteen months or more—during that period that sum has been paid—it has been caused to be paid—it has been paid by me—the amount of 500l. or 600l.—I had, I think, 15s. a week with Mr. Lewis besides perquisites which I was entitled to.
Q. Will you name any one sum which you have paid on account of these shares: paid yourself with your own hand? A. Oh, my salary as secretary has been going on, and therefore I consider that equal to a payment—I have given them credit for my salary, and they have given me the 500 or 600 shares, besides the moneys that I have paid—I really cannot say what amounts I have paid, but I have paid certain amounts, and certain amounts have passed to the credit of the Company—there are different sums, 30l. 50l., or 100l., which I have passed to the credit of the Company by writing it in the books; that is paying.
COURT. Q. Have you made any payments in cash? A. Yes.
Mr. PARRY. Q. Tell me one payment that you have made? A. 30l. and 40l.—I cannot say on what day or in what month I paid that; if I had known you were going to ask me I could have brought the Company's books with me—I have paid 40l. in cash—that is the utmost I have paid—I do not know the nominal value of the shares; how is it possible I can tell? the shares are 2l. each—I believe I am one of the trustees of the Company—I know that I am—I really do not know whether these shares are saleable now—I was one of the promoters of the Company, together with a gentleman of the name of Fellingham.
Q. Have you ever, in the course of your time, used any other name besides the one you now use? A. Yes, I have; Walbanck is the name that I have taken, Charnock is my real name; I can explain the whole circumstance if you wish it—the fact is this: when I was very young I was drawn into pecuniary circumstances and liabilities; I afterwards mentioned it to a certain gentleman, and he advised me to alter my name—it was well known that those parties who were responsible with me would have to pay the liabilities, therefore they advised me, in order to carry it out, that I should not, being young, bear any responsibility, and that I had better change my name for a short time—I have changed my name for the last sixteen or seventeen years—my uncle was a banker in the country, and Williams, Deacon, and Co., in Birchin-lane, stopped payment, owing them between 30,000l. and 40,000l.—I was drawn into it, and when my uncle's partner came up to London, post baste, in a chaise and four, he found that Williams, Deacon, and Co. were closed.
Q. And you attribute the changing of the name to the failure of Williams, Deacon, and Co.; is that so? A. No doubt about it—I have never used any other name, or answered to any other name besides—I am quite sure of that—I once lived in Osborn-street, Whitechapel, with a person of the name of Mr. Scott—there was such a person, I am quite certain—I do not know that I was frequently addressed there as Mr. Scott—Mr. Scott was is partnership with me, and he was there every day; if he was not there day by day, he was there four or five times during the week—we were house agents there—I was there, I suppose, for a year and a half—I did not leave without paying any rent—the fact is, the landlord died, it got into other hands, and the other party wished me to leave, and there were fixtures which I thought were quite equivalent to the rent—Mr. Scott went to Birmingham—I was manager of the Rotunda, in the Blackfriars-road—that was after leaving Barnard's Inn—it is a theatre—it did not require a licence, it was for Negro melodies—I did not keep a similar entertainment in Holborn—I went there occasionally; not to act; I took no part whatever in it—I merely went for amusement—I once lived in Bucklersbury, for a few weeks or a month or two—I think that was before I was at the Rotunda; I was at Osborn-street after the Rotunda—at Bucklersbury I answered to the name of Hilder and Co., under the instigation of Mr. King—I do not know hot long I was there; the landlord wanted the premises, and they were given up—I do not think there was any rent demanded.
Cross-examined by Mr. RIBTON. Q. How long had Wyatt been employed at Mr. Lewis's office before 22nd Aug.? A. Not very long, I believe; some months, I should say—I did not engage him for Mr. King; I had no power to do so—this paper (looking at it) is my writing—I certainly did not engage Wyatt—he was engrossing clerk, or anything else—this deed was engrossed by him—very likely I may have seen other deeds that were engrossed by him.
Mr. BALLANTINE. Q. Did Wyatt know Hildebrandt by name or not?
A. I really do not know—the business of Hilder and Co. was suggested to me by Mr. King; it was to collect debts—I do not know the reason why the name of Hilder and Co was taken; it is seven or eight years ago, and I cannot say.
COURT. Q. Who was engaged with you? A. No one; I had no partner.
NOT GUILTY .
(There was another indictment against the prisoners for conspiracy, upon which no evidence was offered.)
Before Mr. Justice Maule.
Mr. COOPER conducted the Prosecution.
ELEANOR CLARKE . I am a widow, residing at No. 2, New Gloucester-street, Shoreditch. I was in attendance on the deceased as day nurse for six weeks, and left through illness about four weeks before her death—the prisoner attended her—I have seen him administer several things to her; he did the emetics himself—she was sick about twice in the week—she also took powders; it was a kind of mixture which was kept by itself in a paper: the attended to that herself—she was able to get up in the middle of the day while I was with her; she sometimes seemed better, and sometimes worse—after being sick she seemed to breathe freer, and to receive ease from it—the prisoner attended her every day, to the best of my recollection.
Cross-examined by Mr. BALLANTINE. Q. Was he very attentive? A. Yes; and he always administered the emetics himself—she was about fifty-five years old, and was suffering from asthma—she was not very bad, but she got declining lower and lower by degrees, and I could not attend her well then, because she wanted assistance, and I was not able—I had never attended her before—the prisoner is what they call a herb doctor; one of Dr. Coffin's kind—I have never attended patients of his before.
SUSAN BUTLER . I live at No. 2, Gloucester-street, Haggerstone. When Mrs. Clarke left the deceased I attended her for three weeks—she kept her bed about a week during that time, during the last week—the prisoner attended her all the time I was with her; he sometimes gave her medicines—no other doctor attended her—she had three spoonfuls of the powder every day, and three tablespoonfuls of medicine; a pill at her tea, and at night a spoonful of tincture—the powder was kept on the mantelpiece in a little tin box—all the time I was attending her the same powder was given to her—she was not sick after taking it, she was a great deal better—I gave it to her when she asked for it; every day; and sometimes the doctor gave it—it always did her good—I was there up to within two days of her death—she did not seem better when I left, she seemed about the same.
Cross-examined. Q. Did she have an accumulation of phlegm? A. Yes; when she was in a choking condition she took these powders; they helped her to throw up the phlegm, and relieved her—she was perfectly satisfied with the treatment, and would not have any medical man called in—she had had experience of other medical men before.
ELIZABETH BRAY . I am the wife of Thomas Bray, of No. 1, Alfred-place, Haggerstone. I was employed as night nurse to the deceased a week before her death—she died on 5th Feb.—while I was with her the prisoner attended her—I wished her to have a medical gentleman, but she would not; she was quite satisfied.
Cross-examined. Q. She was in a very emaciated condition, I believe? A. Very much so—I heard her say she wished she had placed herself under Mr. Palmer's care two months sooner; and she was quite sure he would have cured her had it not been for a cold she had taken—down to the hour of her death she was perfectly satisfied with him—I only saw the prisoner once, and he then said she had not far to travel—he was very attentive to her, and it was by her wish only and that of the landlady that he remained.
COURT. Q. Was she very ill when you went? A. Yes; she breathed very badly of a night; I was always with her of a night—she could not lie down; I gave her for that, on Wednesday night, one teaspoonful of medicine out of a small phial, of a dark colour; that did her good—she was very thin; quite withered away.
PRISCILLA HAWKER . I am the wife of William Hawker, of No. 1, Shrub-land-road East—the deceased lodged in my house—I superintended to see that she was attended to—I have known the prisoner since he has attended her—I knew he was a herb doctor—he is not anything else that I am aware of—she was very poorly when he was first called in—she got better for a short time after taking the medicines, and afterwards she died—she took fresh cold through the staircase window being left open, and she entirely sunk from that.
Cross-examined. Q. I believe you are a patient of Dr. Coffin's? A. No; I have taken some of the same medicine as the deceased took since Mr. Palmer has been attending her—I have taken lobelia, and am very well—I am not asthmatic; I took it for a cold—I only took two doses—I do not think it has done me any harm—I took the regular dose—the deceased took the tincture, and I took the seed.
JAMES CLARKE . I am a surgeon, of 22, Arbour-place, Kingsland-road On 11th Feb. I was called in to examine the body of the deceased—I made a post mortem examination—the lungs exhibited evidences of long-standing inflammation—the stomach was inflamed throughout its surface, and there were traces of incipient ulceration—the state of the lungs was certainly not the cause of the ulceration in the stomach—the ulceration proceeded, in my opinion, from some acrid substance being taken into the stomach—there was a fluid in the stomach at the time I examined it, amounting to three ounces, and of an olive green colour—that fluid was saved, and was afterwards gives to Dr. Letheby to be analyzed—my opinion is that the proximate cause of death was disease of the lungs and stomach; there was disease enough in the lungs to account for death—there was an effusion of something like sixteen ounces of fluid in the cavity of the chest, the result of inflammation of the lungs—seeing how the woman was, I should say lobelia was not a proper thing to be given; it would be likely to hasten death—cayenne pepper was not a good thing to administer to a person in that state—lobelia, cayenne pepper, and stimulants of that nature, would be apt to hasten the death of a person diseased as she appears to have been.
COURT. Q. Are cayenne pepper and lobelia stimulants of the same sort? A. Not of the same character; cayenne pepper is a powerful stimulant; lobelia is used in medicine in some diseases; it is of the tobacco tribe—it is not like stramonium exactly—the tribe is not called datura; it belongs to the tribe lobelia—when I said it was of the tobacco tribe, I meant having similar effects on the constitution.
Cross-examined. Q. You were not called in to attend this lady before her death? A. No; I live in the neighbourhood—I am not aware that these gentlemen who use lobelia and herbs are doing a great deal of business—I
have heard that there is a person practising, but I am not aware whether he is doing any business or much business.
Q. Do not you know that these gentlemen, who give something much more innocent than you do, do business more cheaply than you? A. No; I have heard of Dr. Coffin; it is an ugly name—I do not trouble myself about the number of patients he and his followers have—it was the Coroner that sent for Dr. Letheby; I did not suggest it—I have never been a witness in any of these cases before—lobelia is a plant found in the United States—I have never seen the shrub; I have seen it in powder and in the leaf—I have seen the seeds once, and the leaf several times—I have known a considerable number of instances of lobelia being administered—I have administered it as a sedative, in the shape of tincture, not as an emetic—it will act as an emetic—should not give emetics in cases of inflammation of the lungs—under some circumstances, I should give an emetic to get rid of phlegm—phlegm is generally in the air passage—there were no tubercles in the deceased's lungs—there was adhesion of the lungs to the chest—the sign of athma, on poet mortem examination, is inflammation of the air passages, but not of the surface of the lungs—there was inflammation of the air passages, but not enough to account for a very serious state of asthma—she had not asthma seriously—I know that her breathing was bad; I attribute that to the disease of the structure of the lungs, and not to asthma.
COURT. Q. What is lobelia given for? A. It is given for asthma in small doses—there is always a sign of asthma upon dissection; you have thickening as the result of inflammation, and the passages filled with mucus, which has been thrown out of those passages; unless that was the case, the patient could not have had asthma—if a patient had spasmodic asthma, and died suddenly, there would be symptoms found, a thickening and mucus—I never saw a person in a fit of spasmodic asthma which stopped suddenly.
Q. is there an opinion among scientific persons that there is such a thing as spasmodic asthma arising from disease of the nerves? A. It has been called such, and thought so—there is an opinion that there is a nervous asthma, which hinders a man from breathing, spasmodically, and then he breathes on again—I have never opened the body of a person afflicted with that kind of asthma; it would not leave traces on dissection; it would be a disease of the nerves—the respiratory nerves ate the eighth pair—you cannot detect disease of the eighth pair of nerves on cutting a man up—that particular species of asthma leaves no trace discernible on dissection—lobelia was given a good deal for asthma; I think I recollect it being given fifteen or sixteen years ago; since that it has been in vogue, and some people trust it more than others—it is a disadvantage to me not to have had the opportunity of seeing the person alive during the time of the treatment.
HENRY ROLAND HORTON . I am a surgeon, of No. 61, High-street, Hoxton. I was called on to assist Mr. Clarke, and examined the deceased with him—I agree with him perfectly as far as facts go, but do not pledge myself to his opinions—the lungs were extensively diseased, seeing which, I should decidedly say that lobelia was not a proper drug to administer; I think it would tend to hasten death—I have not had considerable experience in giving lobelia; I have given it two or three times in cases of asthma, but it has not relieved in my hands—I administered fifteen or twenty drops of the tincture—the tincture is made by macerating the leaves in spirits of wine.
Cross-examined. Q. How did you intend the lobelia to act? A. I depend upon it chiefly as an anti-spasmodic—I attribute the asthma to the nerves; it sometimes arises from the nerves, and sometimes from other causes.
and from mixed causes—I gave it in cases of asthma arising from the nerves. and producing spasmodic breathing—that is a sort of breathing which goes on a little time and then stops, and the person breathes properly again—I cannot say where I got my lobelia from; I know that that makes a difference with every medicine, as also does the quality of the spirit in which it is made up—I do not pledge myself to agree with the last witness in some things—I am not aware that there is a great difference in the medical profession about the exhibition of lobelia; as with all other medicines, it requires some knowledge of the quantity to be applied to render it at all efficient—when I applied it, I found it did not act on the nerves.
COURT. Q. What sort of a patient was it? A. A middle-aged man, of tolerably good constitution, except his asthma; it did not relieve him, it depressed him exceedingly.
WILLIAM MELLOWS . I am one of the constables of the parish of Shoreditch. I went to the deceased's lodging and took some bottles from the room, which were sealed up in my presence—I produced them at the Coroner's Inquest, and gave them up there—I only know the prisoner through inquiries, and through having him once before on an inquest of the same kind.
Cross-examined. Q. An inquest, in which the verdict of the Coroner's Jury was, "Natural death?" A. Yes, with a strong caution—Mr. Baker was the Coroner; I do not know whether he is a doctor.
HENRY LETHEBY , Esq., M. D. I am a professor of chemistry and toxicology, at the London Hospital. I have received certain bottles from the last witness and some powder, also the contents of a stomach from Mr. Clarke—I have analysed the powder—it does not contain anything of a very deleterious nature; cayenne pepper is the only thing—this pbial (produced) contains lobelia—I analysed the contents of the stomach, and found 110 grains of the seeds of lobelia—that quantity is quite sufficient to kill; I have known less than that kill, considerably less—I have heard from the medical gentlemen the state the lungs were in—lobelia was a highly improper drug to administer to a person whose lungs were diseased as this woman's were—in my opinion, lobelia given to a person so diseased would hasten death—I found more than enough to kill in the stomach—larger doses than that have been given with impunity certainly, because it is very irritating, and the stomach discharges itself of it by reason of the vomiting it occasions; but when it remains on the stomach, one third of that quantity kills—it is not used by medical practitioners at all as an emetic, because of its danger—I examined the other bottles; one contains a quantity of Cayenne pepper alone, and the others demulcient medicine.
Cross-examined. Q. In what state was the digestion of the woman? A. I know nothing at all of the condition of the woman; I did not see the stomach, only its contents, which the constable brought me—I found a small quantity of cayenne pepper in the stomach, but it was only on searching very rigorously; it was not more than a person might take in some article of food—a great portion of the active principle of the lobelia had been taken out, but the structure of the seed was there—no doubt the active principle was gone into the stomach of the woman, but the powder remained—this would not kill anybody, it is inert now—this is the husk, or, in other words, the woody matter of the seed, the active principle being dissolved—it would be very difficult to digest it, or to get rid of it at all.
Q. If the woman's bowels were not active, it would not pass off? A. Digestion does not depend upon that; if the bowels were not active, it would pass out of the stomach into the bowels just the same—the whole system is
not always weakened immediately before death; sometimes persons are killed in a moment, when the whole system is in a state of activity—in the case of a woman dying gradually in six weeks, her system would be very much weakened—I have had a great many cases of lobelia—I was a witness here against a gentleman who I afterwards heard through the public papers was acquitted, and I have seen him out since.
COURT. Q. Have you got some lobelia there, which has not been in the deceased's stomach? A. Yes; the powder at the bottom of this bottle—I have added spirits of wine to it to make a tincture of it in order to test it—when a person gets tincture of lobelia, he does not get powder in it.
Mr. BALLANTINE. Q. How much pure lobelia could you extract out of this quantity, supposing it had not got into the stomach? A. Allow me to calculate: the quantity of powder there is equal to two ounces of tincture of lobelia—110 grains; but the actual essence is obtained with great difficulty, and there has been no per centage arrived at—about one third of the seed is soluble in spirit—this is not soluble at all—this quantity of husk is equal to 147 grains of the seed; the active principle contained in that would have been thirty-seven grains, equal to 147 grains of the former seed, or two ounces of tincture, put it in which way you like.
COURT. Q. Are you a doctor of medicine? A. I am a bachelor of medicine, of the London University, and practice medicine at the hospital—I know that lobelia is given by medical persons, and in cases of asthma—it is given is cases which I think imprudent, unless the system has become accustomed to it, there is not then so much harm done—this 110 grains is a sort of husk of the wood, like the grains of malt, which has had all the goodness or badness taken out of it, and is not digestible in a weak stomach—such a thing night happen as its remaining in the stomach from day to day, or it might pass out into the alimentary canal—I cannot say how long it would take, as such a difference of opinion exists—all the quality has been got out of it in the stomach by maceration; that is, assuming that none of the quality had been got out of it before it got into the stomach, which I cannot tell—I found a mere inert matter, not capable of digestion in a weak stomach—if it went into the stomach in an active state, it most have remained there long enough for the liquid to dissolve all the active principle in it—the question how long that would take, has matter of scientific opinion involved in it; some physicians believe digestion to take three or four hours, and others believe that there are circumstances existing under which it has not taken place under twenty-four hours, and you have all kinds of opinions between the four and the twenty-four—I will not venture to offer an opinion at all; if the stomach is weak, it may still have the power of dissolving vegetable matter—sometimes a weak stomach would dissolve the seed quicker than a strong one—I should think that this was a very weak stomach—such a thing might happen, that the stomach of a person just going to die would dissolve anything much quicker than that of a robust one—I have known digestion take place after death—this is the seed of lobelia; the plant has been raised in this country; it is grown as a common plant in our gardens; it has a little blue flower, and is cultivated for its beauty in almost every garden—it is a natural family—Linnaeus would have called it a class; a genus is a subdivision of a natural family—tobacco is not of that family—here are some seeds from the stomach (produced)—the plant itself has much less smell than the seeds usually have—the seeds contain more of the active principle than the leaves, although they have not a smell—lobelia, in combination with an acid has no smell, it keeps its odour down—the active principle of this plant is an alkali, and until
the alkali is set free by another acid, you cannot smell the lobelia—tincture of lobelia has a smell, the acid sets the smell free—some doctors fancy the ethereal tincture of lobelia; I like it, and give a good deal of it—I think lobelia a very excellent medicine in its proper place—I should give from five to twenty drops, made with ether or spirits; we make both of the same strength.
NOT GUILTY .
(Mr. PAYNE, for the prosecution, stated, that the Grand Jury having thrown out the bill, and the medical witnesses being unable to connect the water on the brain (which was the cause of the child's death) with the injury to its hand some weeks before, he should offer no evidence against the prisoner.)
NOT GUILTY .
Mr. CAARTEEN conducted the Prosecution.
SARAH FITZGERALD . I am the prisoner's wife; we live at No. 7, Eagle-court, Strand, in the first floor front room. On 30th Jan. I had been out with my husband—when I came home, about 12 o'clock, I found I had mislaid the key of our door (I afterwards found it at the bottom of a marketing basket which I had); I bad taken it out when I went out about 10 o'clock—my husband came up stairs and asked me for the key; I could not find it, and told him to look is his pocket and see if he had it—I had taken a little drop of gin, and he had some gin and beer, and we did not know where it was—he found a gimlet in hit waistcoat pocket, and went on his knees trying to start the lock of the door, for the children were inside—he was making a hard noise at the door, and I gave him a stroke at the side of his head and took the gimlet out of his hand—I made a start back with it; my foot caught in a hole in the stairs, and I tumbled head over heels, and that is the way I got the hurt—my husband was standing by, and not interfering; he never laid his hand upon me—I screamed, and fell down stairs—I laid the gimlet on the chimney piece, and then found blood coming through my stays—I did not scream, "Murder!"—the hurt was not much, and I did not feel it, especially having a little drop of gin taken.
NOT GUILTY .
NEW COURT.—Wednesday, March 2nd, 1853.
PRESENT—Mr. Ald. HOOPER; Mr. RECORDER; and Mr. Ald. WIRE.
Before Mr. Recorder, and the Fifth Jury.
WILLIAM NASH . I live at No. 67, Eagle-street, Holborn, and am a French polisher; the prisoner is my wife. On Friday week I was with her at a public house—there was no one in particular with us; there were several persons there—we had three quarterns of gin between three of us—the other person was a woman; I cannot say her name—that other woman had one glass, I and my wife had the rest—we drank in our turns—I do not think my wife drank more than I did, or that I drank more than her—we went to the public house about 8 o'clock, and left it between 11 and 12 o'clock—we both
went straight home—there had been no quarrelling or words between us at the public house—when we got home, my wife began quarrelling with me; it was about a jealous feeling, I think—it was about w—s, or something of that description—I cannot remember the words that she said—she took a knife, and said she would do for me, or some words of that kind; I cannot tell what words she said before she took the knife, there was such a multitude of them—this quarrelling did not go on many minutes before she took the knife from a small table, and she made a chop at me with it—I guarded it off with my hand, and begged her to be quiet—the knife made a cut on my hand—this is it (pointing to it); it bled—I begged her to be quiet; and said, "See what you have done," and I showed her the cut in my hand, which was bleeding—she was then standing in the room—I cannot say whether she had the knife in her hand then, or whether she took it up afterwards—she then became quiet for about ten minutes or more; but before that, before she had used the knife, a woman came in from the adjoining room, and begged her to be quiet—I cannot say who that woman was; they bad only been in the house one day—I do not know that she is here—she went back into her own room again before the prisoner took the knife—after I bad shown my hand to the prisoner, and she had been quiet about ten minutes or a quarter of an hour, I laid down on the side of the bed with my clothes on—I had not done anything to the prisoner; I had not laid my hand on her—I did not say anything to her beside what I hare now told; I only wished her to be quiet—I was lying on the bed, closing my eyes and going to sleep, when I felt a stab in my eye—I rose up on my arm and halloed out—I saw the prisoner; she ran out of the room screaming, and I saw a knife in her hand, and as she went out she said, "I have stabbed him? I have stabbed him?"—I still lay on the bed, and hallooed out and knocked with my feet en the floor till the policeman came—I was afterwards taken to the hospital, and was there from Saturday morning till Thursday.
Prisoner. He has not been living with me these four months; he has been living with another woman.
COURT. Q. Had you been living with her lately? A. Yes; I have had occasion to go away for a week when my work called me, but I have not been living with any other woman—the prisoner often does accuse me of living with somebody else; she did not accuse me that night about living with another woman, but she often had before.
Prisoner. On the Friday morning he came to me, and told me he had been walking all night, and I got him some dinner; he said he wanted some money, and he must have some, and I gave him 5s. 9d. Witness. No, I did not; nothing of the kind occurred, I am sure—I had not been working regularly for any one since Christmas; before that, I worked for Mr. Higgins, but the prisoner scratched my face in such a disgraceful manner I was ashamed to go—during the last three weeks I bad earned about 30s.—I did little jobs for different persons; the last was a little job for a man in Holy well-street—I had no money to live upon but what I earned—I had not earned any money that week—my wife does a little needlework—I did not get any money of her—she paid the money for the gin—I pledge my oath that I did not ask her for any money that day—she did not say to me," Areyougoing home?" nor did I say I wanted money and would have it.
COURT. Q. You say you lived with her; had you slept with her? A. Yes, but only three nights; I had been sleeping in lodgings, in Mile-end-road, with a little boy, named Anstead—there is a woman lives in that house—I did not sleep with her, or with any woman in that house—I did not sleep with any woman.
Prisoner. He was struggling with me at the time I used the knife; he tried to take two shillings from my pocket. Witness. No, I did not—I have no wish to imprison her; perhaps this will be a warning to her—I only slept three nights with her during that fortnight—I am often afraid of being with her—I am often forced to go out; the neighbours know it.
GEORGE FREDERICK LANE . I am house surgeon, at Gray's-inn-lane Hospital. The last witness was brought there about 2 o'clock in the morning of the 19th—I examined him; he had a wound through the right upper eyelid, dividing the whole lid and wounding the outside of the eyeball, a small cut on the nose, one cut on the lip, and two cuts on the right hand—the wound on the eye was severe, and it was dangerous—it was such a wound as might have been inflicted by this knife if it were used with violence—it does not appear to be a sharp knife—the wound on the face was very slight; the wound on the lip was more severe—he is not likely to lose his sight—the wounds on the nose and lip were in such a direction that I think they could have been inflicted at the same time with the wound in the eye, by withdrawing the knife.
THEODORE BAILEY (policeman, E 115). I was called about a quarter before 1 o'clock on Saturday morning, the 19th, to No. 67, Eagle-street. I went up to the second floor front room—I found the prosecutor lying on the bed, and the prisoner sitting in a chair by the side of the bed; she had this knife in her hand—one of the lodgers in the house came for me; I do not know his name, he is not here—when I got in the room the prisoner said to me, "I have done it! I have done it! take him to some hospital"—she did not appear to be intoxicated; she appeared to be rather excited—she was sitting on a chair, and when she said, "I have done it! I have done it! take him to some hospital," she rose up, and said, "I will go with you"—she seemed rather excited; there were no tears—I took the knife out of her hand, and took her to the station, after I had sent one of the other lodgers for another constable—I remained in the cell with the prisoner till 3 o'clock; Robert Adams, another constable who stops at the station, was in the cell part of the time—while I was in the cell, the prisoner said, "If I get out, I shall soon be here again"—she then said, "I will pay him out for putting me in this cold place all night; "that was between 4 and 5 o'clock, when she had been there an hour and a half.
JOSEPH HUME (police sergeant, E 13). I was at the station when the prisoner was brought there—I did not say anything to induce her to make a statement; I did not promise her anything, or threaten her—it was during the time the husband was gone to the hospital—I took down what she said at intervals (reads)—first, she said, "I did stab him;" in a minute or two afterwards she said, "I am sure to be hung;" then, addressing herself to me, she said, "I shall stab him again, so don't let me go;" she then said, "You are sure to have me again;" then; "I am sure to do it; I am bound to do it"—there was not the slightest appearance of drink about her—she was a little excited, but not so much as any one would imagine.
ROBERT ADAMS (policeman, E 109). I was with the prisoner in the cell part of that night; I first went in about half past 5 or a quarter to 6 o'clock—she said, "I hope the Magistrate will settle it between us this time"—she said, "I shall surely stab him again"—she said, "If I get twelve months, I don't care; I will stab him again if he comes near me"—at the time she said this she was dozing, sitting very quietly on the seat—she began to talk about her family affairs; I told her to leave off, it was nothing to me, I did not want to hear it, but if she said anything I should take notice of it—I observed a large spot of blood on her dress.
Prisoner. I said he was living with another woman. Witness. Yes; she said in the cell that he had been living with another woman—she did not say he never came to her unless he wanted money.
(The prisoner's statement before the Magistrate was read, as follows:) "My husband is not living with me; he has been living with another woman, and parted from me these four months."
JURY to WILLIAM NASH. Q. Where do you generally work, when you do get work? A. For any one that wants a polisher—sometimes I have been working in London, sometimes at Norwood, and Dulwich, and Croydon—at is about four miles from where I live to the lodging at Mile-end where I was sleeping.
COURT. Q. Who was the last person you worked for? A. I worked for Mr. Higgins, in Webb-street, Oxford-street, just before Christmas—the last person I worked for was Mr. Cook, in Mile-end-road, the week before last; that was but a small job, a shilling job, polishing a gun stock—I did a little work for Mr. Brown, at Bow; I earned 7s. 6d. there—I did some work for Mrs. Parker; I earned 4s. from her—I polished a tea caddy for a man is Holy well-lane; I got 2s. 6d. for that, and I have done several little jobs—I have not been living with any other woman; my wife has never seen me in company with any other woman—when she accused me with being with other women, she named one which was Eliza James—she is living in the house at Mile-end.
JURY. Q. What money have you allowed your wife? A. I cannot say; when I have had any, I have come and given it her.
COURT. Q. What will you swear you have given her since Christmas? A. She had 5s. of me last Monday fortnight, that I swear—several times since Christmas I have brought in money and brought in food—I can swear to several small sums, 2s., 1s. 6d., and 2s. 6d.—I did not take my clothes off when I laid down on the night of the quarrel, as I did not know whether she would let me stay in the room—I did not say I would go, but I have often been obliged to go, and I have been obliged to walk about the street all night at different times—my wife has paid for the lodging through me—when I got the money I gave it her, and she paid it to the landlord; I never paid it myself—it was 2s. 3d. a week—I have no family.
GUILTY. Aged 37.—Recommended to mercy by the Jury, considering it had been brought on by jealousy, and from her husband's neglect. — Confined Twelve Months.
Mr. ROBINSON conducted the Prosecution.
ROBERT MOORE . I am a brewer, and carry on business at the Scottish Brewery, in Old-street. I had instituted proceedings in the County Court against the prisoner for beer and ale—I should guess the amount was under 30l., about 28l.—I got judgment against him—on my getting that, the prisoner came to my brewery and said if I would not carry out the judgment against him he was willing to give me possession of his empty house, but not the furniture, as there was somebody in possession of every thing under a bill of sale—and said he had been to Mr. Burnell, his landlord, who recommended him to come to me—I accompanied him to Mr. Burnell's, who was agreeable that that arrangement should take place—Mr. Burnell drew up a document at my request—I put it in my pocket—I have been given to understand that it is now burnt—I did not see any document put in the fire—I saw the prisoner sign the document—it was read over to him—the contents
of it were, "In consequence of your not pressing the judgment got by you against me, I hereby agree to give you possession of my beerhouse"—I went with the prisoner to the beerhouse—it is called the Market-house—he there gave roe formal possession—I found a person there having a bill of sale on behalf of Mr. Chandler—I asked the prisoner for the key of the door and it could not be found—then it turned out there was another door, and the key of that could not be found—I asked him to give me formal possession; to repeat the words after me, that he gave me formal possession according to the agreement—I went to call on some customers, and left the prisoner in the house, and the man in possession—when I returned I saw the prisoner and he asked me to let him look at the document he had signed—I think I said to him that he had no occasion, as he had heard it read before signing it—he said, "Nevertheless you will oblige me by allowing me to have it"—he said, he wanted to read it himself—I handed it to him; he began to read it, but he had not proceeded far when he folded it tip and attempted to put it in his pocket—he was in the act of doing it when I, exclaimed," Denning, that is very unfair,"—I said, "you must return it, "and I then attempted to struggle with him to get bold of it—he said very little; I do not remember that he said anything, he was very quiet—but I found he was stronger that I was, and it appeared to me that be passed a paper; I cannot swear that it was the paper—he handed it over his shoulder, and it appeared to me he gave it to another party; this was while I was struggling with him—he was holding it up to keep it out of my reach—after the paper appeared to put, he said, "It is no use your struggling, it is gone"—in a few minutes I heard a female voice cry," It is burnt; the paper is burnt. "
Q. How many persons were in the room when he asked you to let him look at it? A. The party who held the bill of sale was one, and I dare say there might be two beside—that was in the bar of the beershop—we went afterwards to a room beyond; it was there the struggle took place—then was Denning there, and I think be called another person to come—I think he called some name, but I cannot tell what it was
Cross-examined by Mr. SLEIGH. Q. I am anxious to have this very little that was said by the prisoner when he got hold of the paper and was reading it, and you said he must give it you back—what was it he said? A. What I meant to express by that was he said little or nothing—most decidedly he did not say, "I did not know that I had signed such a paper, I must show it to some one else"—I have a clerk named Bishop—he is not here.
Q. Some time prior to this, had not Mr. Bishop stated that he bad had a communication with the prisoner touching the disposal of his business to you? A. Yes, on the morning before this document was signed; it was consequent on that that it was signed—Mr. Bishop did not tell me that inasmuch as there was a bill of sale in the house and a judgment, he would sell his business to me for 100l. provided I would pay the bill of sale out; nothing of the kind—I had obtained judgment I think for about 28l.
Q. Am I to understand that the prisoner had agreed to make over to you his interest in the establishment merely in consequence of your discharging the judgment against him? A. The empty house he had—he had already given the power over everything in the house under a bill of sale—I certainly had not undertaken to pay out that bill of sale—there was no agreement about the fixtures; I was to have nothing but the empty house—I could not have it.
Q. What is the meaning of this in the memorandum:" In consideration of your not enforcing the judgment against me, I agree to deliver up to you the
possession of the beerhouse called the Market-house, and all the fixtures and other articles there in belonging to me." A. I do not hold myself responsible for the phraseology employed there; I left it to Mr. Burnell—I had a conversation with the prisoner in my brewery before I went to Mr. Burnell.
Q. When you got to Mr. Burnell, did you ask the prisoner to remain down stairs and mind the horse and gig, while you went up to your solicitor. A. I did for a short time—I went up, leaving him with the horse and gig, but it was not in the first instance—it was in the latter instance—my direction to prepare the draft was an afterthought that I had in coming away.
COURT. Q. Did you go up to Mr. Burnell, and leave the prisoner with the horse and gig. A. I did afterwards, that is true—when I drove him there we went up together, and transacted the business verbally in the first instance; we, then went down with the intention of going away—it was an afterthought of mine to go and tell him to draw the agreement.
Mr. SLEIGH. Q. You left the prisoner down stairs with the horse and gig, and while you were up stairs Mr. Burnell wrote this agreement in Mr. Denning's absence? A. No; he was not down stairs with the horse and gig at that time.
COURT. I thought you said you left him down stairs with the horse and gig? A. Yes.
Mr. SLEIGH. Q. You went down stairs to Mr. Denning. A. I went down stairs and requested him to go up stairs, because it would be as well to make a written agreement—it was not drawn up when I went up stairs, I had other avocations to go to while it was drawing—it was being drawn when Mr. Denning and I went up stairs—I had given directions about it before—I did not see Mr. Burnell give him any copy of it—I had not signed it—after this transaction I put it in my pocket and drove away, and Mr. Denning with me, to the house itself, which is called the Market-house, in Market-street, Stepney—there Mr. Denning took it in his band and began to read it—I think he had not it in his hand more than a minute or two, time enough to read half a dozen lines—he was then folding it up; he had not succeeded in putting it in his pocket—I am not prepared to state that this paper did not drop on the floor in the scuffle between us—I heard some one exclaim, "It is burnt;" I think it was a female voice.
Mr. ROBINSON. Q. When was it read over to him? A. When it was ready, in Mr. Burnett's own private room—Mr. Burnell read it—there was no objection made by the prisoner to any expression—my impression is, but I will not be sure, that it was read over twice to him—I did not see it fall on the floor—I saw it folded up, and attempted to be put in his pocket, and I said, "Denning, that is unfair;" and I made an effort to recover it, and afterwards he seemed to pass the same paper as it were over his shoulder, and shortly afterwards he exclaimed, "It is gone from me. "
(Mr. ROBINSON here withdrew from the prosecution.)
NOT GUILTY .
GUILTY . Aged 33.— Confined Twelve Months.
(The prisoner received a good character.)
Mr. ROBINSON conducted the Prosecution.
CHARLES WELBOURNE SLEE . I have two partners; I keep a Berlin and fringe warehouse, in Newgate-street. The prisoner was employed by us as town traveller—his salary was 85l. a year for the first three months, and
then 100l.; that was the agreement—his duty was the soliciting orders is the various shops in London, and the neighbourhood of London, taking with him a stock of 200l. or 300l. worth of goods—the customers might pay him amounts which were due—it was distinctly stated to him that any amounts paid in the course of a day should be paid in on the evening of that day, he always returning home every evening—in Dec. last I desired him to hand in his account, finding a defalcation—he did not make up his account—he was afterwards apprehended—I saw him on the day he was taken into custody—he said to me, "Wait a minute; I intend to pay it; I shall get the money from my friends"—he said, "Wait a minute;" that was to stop me from going away—he begged for mercy—I said I really could not; I had pardoned him once before.
Prisoner. Q. Did I not complain that I was working for you at a starving price, and, though I was engaged by you as town traveller, you sent me country journeys? A. I have no recollection of anything of the kind.
COURT. Q. Did you, in point of fact, send him country journeys? A. No; he was home every evening—his duty was to be home about 6 or 7 o'clock in the evening—he went just a certain radius round London, with a chaise, and a lad to go with him, and every assistance—I cannot say what distance a man would go, but I have told him to be home by 6 o'clock in the evening—no unreasonable duty would be required of him.
Prisoner. I have been as far as Sunbury, and not come home till 11 o'clock at night. Witness. I am sorry to say that was in consequence of hit being inebriated.
WILLIAM LEWIS COOPER . I keep a Berlin repository, at Hounslow. I deal with the prosecutors—I know the prisoner, as their collecting traveller—I paid him 8l. 7s. 6d. on 2nd Nov.—this is the invoice—he signed this at the bottom of it.
Prisoner. Q. Did you receive a letter from me about 3l. 7s. 6d.? A. I did receive a letter from him, I believe written from Kingston—I think it ran thus, that there was some mistake in my account, and I ought to be more cautious.
Prisoner. I said my accounts were wrong, and I feared his account was included amongst them; I begged that he would not call and explain the matter to Messrs. Huttons, but that I would call on him; and I called on him, and explained the matter, and he said he had no transactions with Hutton and Co. but through me. Witness. Yes, I did, because I did not wish to get him into trouble.
JOHANNA TAYLOR . I am a widow, and keep a fancy repository, at Isleworth. I was a customer of the prosecutors'—I know the prisoner—this is in invoice of goods I had of the prosecutor, through the prisoner—I paid the prisoner 7l. 14s. on 7th Dec.; he signed this receipt at the bottom.
MARY KNOBSFORD ANSELL . I am the wife of James Ansell; I keep a shop in Russell-place, Old Kent-road I deal with the prosecutors—I know the prisoner; I paid him, on their account, 8l. 1s., on 11th Dec—this is the invoice; he signed the receipt to it.
Prisoner. Q. Did I ever come back to you, saying I bad lost my purse? A. Yes, and you begged I would take back the money, and pay you again: and you took the bill and tore the receipt off, and returned me the invoice and the amount of the money, and on the following week you came and received it—I gave you the money that you had returned back to me, and handed you the bill to put the receipt to it, and you wrote across it.
COURT. Q. That was not this bill? A. No, one previous to this.
GEORGE STEPHENS RIX . I am clerk and cashier to the prosecutors—the prisoner was town traveller in their house—it was his duty on receiving money to hand it over the same day to me (referring to his book) on 2nd Nov., 1852, he accounted to me for 5l., received from Mr. Cooper, of Hounslow—the 3l. 7s. 6d. I have never received from him—he has never accounted to me for 7l. 14s. received from Mrs. Taylor—I have no entry of the kind—I have no entry of 8l. 1s. of Mrs. Ansell's on 11th Dec.
COURT. Q. This book is not confined to his transactions? A. No, it is for the general business of the house—I have looked through this book to see if he has accounted for these sums, and he has not—when he came home late he used to hand in the cash the following morning.
COURT to Mr. SLEE. Q. You say you called on him to render an account? A. Yes; finding there was a defalcation—I think that was the latter part of Dec.; I think it was the day he left.
Prisoner's Defence. It is through trifling mistakes and long journeys, and the loss of my purse, and also money I paid to the Guarantee Society; I paid to them 10l.; after the first defalcation he suspended me, and said he could not send me out; I left, and applied to another, house, Fardell and Co., who would have engaged me provided I was settled with Messrs. Hutton; I went back, and Mr. Charles Hutton asked me where I had been; I said I was not aware that I was to come again; he then said I must have a guarantee for 100l.; I went to the office, and they said they would have no objection, if my employer would sign a certificate that my accounts were correct; I went to Mr. Charles Hutton, he sent me back for a certificate; I got one, Mr. Charles Hutton signed it, and they took it; I then went on a journey; I was allowed from 4s. to 4s. 6d. a week, and I brought my account home, 3s. 7d. and Mr. Charles Hutton said it was too much; I used to go to Peckham, to Hounslow, and a variety of places, and I was allowed only 4s. 6d. a week, and that was not sufficient; I had frequently to go without my dinner to make it enough; I do not deny having received the money, hut it was entirely through poverty; I was in hopes of clearing myself, and I was clearing myself gradually.
GUILTY . Aged 31.— Confined Twelve Months.
Mr. COOPER conducted the Prosecution.
JOSEPH COMBER KNIGHT (City policeman). I took the prisoner into custody—I took him to Smithfield station; I searched him, and found on him eleven duplicates—I took them to the pawnbroker's; I went first to Mr. Gill's in Exmouth-street, I there found a workbox, some purses, and other things.
MATTHEW JOHN GILL . I live in Exmouth-street, and am a pawnbroker. I produce this workbox, and five hanks of braid, pawned with me on 29th Jan. for 12s.—I cannot speak positively as to the prisoner, he came on a Saturday evening and I was busy—the name on the duplicate is John Williams—this is the duplicate I gave—it was a man about the appearance of the prisoner.
and trousers pawned on 15th Jan. in the name of Michael Richards—I could not recollect the person—I gave this duplicate.
WILLIAM JAMES . I am warehouseman to the prosecutors. I believe these goods produced to be the property of my employers—there is no mark on them—they are just such goods as we sell, and just such as the prisoner was employed to take out.
COURT. Q. You did not miss them till he was accused of embezzlement? A. No; they are foreign goods—other persons sell the same goods—the purses and one or two other things would be in my department—the other goods would be in a department higher up in the house—I do not remember having given the prisoner such goods, but I know he had such—the purses come under my department—about three months ago a large quantity came over, and being samples they were given in charge of the prisoner—he said, "They are just the sort of goods that I think I can dispose of"—I cannot swear that these are them, but they were similar to these.
Prisoner. These braids came out of my own stock when I was in business; did you ever see that particular piece of velvet. Witness. I never did to my knowledge, but we had exactly the same—I could produce similar goods to these, the work box is not in my department, but we have such things in stock—I can swear to these three purses as being similar to what we have, the goods delivered to him would be entered—the book would tell what goods he took out, but I have not the book here.
(The Court considered that the identity of the property was not proved.)
NOT GUILTY .
Mr. METCALFE conducted the Prosecution.
WILLIAM JARVIS . I am a City policeman. On 1st Feb. I was on duty in plain clothes, and about half past 8 o'clock in the evening I saw the prisoner in company with Mr. Brown, in King William-street—I passed by them sufficiently close to see that the prisoner was the person—I saw them pass the corner of Arthur-street west, and I saw a man watching them very attentively—they went down into Thames-street, and went into Old Swanlane—they went down about ten paces, and when I was within five yards of them I saw the prisoner leave the gentleman, and she said, "You brute, you want to ill use me you do?"—I stopped her, and took her into custody—I had not seen any appearance of ill usage at all—I called after Mr. Brown—he did not stop at the time, but ultimately he came hack—I saw the prisoner put her left arm quite through her muff, and I distinctly saw her drop this canvass bag—she was in a stooping position—four shillings fell out of the bag, I picked them up, and placed them in the hag—the bag contained 13s. 8d.—I showed the bag and money, and some papers that were in it to Mr. Brown, and he identified them.
Cross-examined by Mr. BALLANTINE. Q. Mr. Brown was running was he not? A. He went very quickly, I would not be positive whether it was running.
WILLIAM BAYLIE BROWN . I live at Peckham Rye, and am a ware-houseman in Cheapside. On the evening of 1st Feb. I saw the prisoner in King William-street, I walked some distance with her, and got into Thames-street, I turned down a lane, which I afterwards understood was Old Swan-lane—she asked me in King William-street to go home with her—I declined
to do so—I was going to my omnibus to get to Peckham Rye, but she continued pressing me, and I believe I said, "Well, I don't mind giving you something to drink to get rid of you"—I offered to take her into Ganney's, which is nearly opposite Arthur-street; but she declined it, saying it was such a public place to go in, and site asked me if I was going to give her anything to drink, would I mind going down that street to a more quiet house—of course by that, J understood a public house—that was the reason I went with her—when we got in the lane, I said, "Where are you taking me?"—she said, "That is the place"—pointing to a house at the end, having a lamp over the door—she began to stop me, and I asked her what the meant by stopping me—I said, "Now make haste if you are going to have anything, have it and have done with it"—she did not seem inclined to move any further—she began fumbling about me, I said, "None of that," and I left her—she said some words that I wanted to ill use her, and I thought she had somebody near her, more especially as I had seen the shade of some one near me—a person then put his hand on my arm, and I walked very quickly away—he said, "You have been robbed, I am an officer"—he showed me my purse—I had last seen it in Sweeting's shop in Cheapside.
Cross-examined. Q. Might you have dropped your purse? A. I do not think it at all possible; I never put my hand in my pocket from the time I put the purse in—my trowsers were not down, nor had I the least intention of having them so—by fumbling about me, I mean she put her hand outside my trowsers—I thought she meant to touch my person—I was surprised at going down that lane, that she took me so far out of the way—I thought her a prostitute—I am twenty-two years of age—I have no doubt what she meant, and wanted—I went down the dark lane, on her pointing to the lamp there, and saying, "You see where it is"—I knew what she was, but I did not expect she would induce me to go home—I did not go down for indecency, merely for the purpose of drinking, it being a miserable night—I did not give her a sixpence—it was for want of thought, certainly—I believe it was about a quarter past 8 o'clock—I will not swear whether I walked or ran away when she made use of those expressions; this bag was in my trowsers pocket—I cannot tell how she got her hand in that pocket—I am not aware of her having her band in my pocket at all—it was not the way to the omnibus down that lane.
GUILTY . † Aged 32.— Confined Twelve Months.
Mr. LILLEY conducted the Prosecution.
JOHN SPITTLE . I am a City-police constable. On Monday, 7th Feb., about 3 o'clock in the afternoon, I was standing with Scott, on London-bridge, in plain clothes—I saw the two prisoners and another lad, they were together and conversing, and walking towards the City—I followed them to King William-street first; and there I saw Smeade try to pick a lady's pocket—he was covered by Holloway, who was standing close to him to conceal him—I then lost sight of them, and about ten minutes afterwards I saw them again in Bishopsgate-street Within—I observed them notice two ladies—I could see they made the ladies a sort of mark—the ladies went along Bishopsgate-street Within, and went into a confectioner's shop—Smeade, and the one who is not in custody, went in the shop after them—Holloway remained outside, looking through the window into the shop—in about five
minutes Smeade and the other lad came out of the shop, and they were each eating a pound cake—the ladies came out in two or three minutes afterwards and continued on their course; the prisoners and the other lad followed them, and Holloway got before them, and made a dead stand on the kerb at the corner of Camomile-street, so as to prevent one of the ladies passing off the kerb into the road, and Smeade drew by the side of the lady, put his left hand in her pocket and took out this purse, containing 1l. 19s., an invoice, and a pill-box—I was in the road; I rushed to him and secured him—he threw the purse on the pavement; I picked it off the pavement—it contained a sovereign and a half in gold and silver, and this invoice, and pill-box—I took him to the station—I found 2d. on him.
Cross-examined by Mr. RIBTON. Q. Are you one of the detective force? A. Yes; I am quite sure it was Smeade—I had him in custody within a minute of his picking the pocket—it was about a quarter before 4 o'clock in the afternoon—there was not a crowd there—I swear that I actually saw him put his hand in the lady's pocket—I saw the purse in his band, and saw him throw it on the pavement.
Cross-examined by Mr. PAYNE. Q. It was the boy who is not in custody and Smeade who went in the shop to buy the cakes? A. Yes; Holloway did not go in, he stood outside looking through the window.
GEORGE SCOTT . I am a constable of the City-police. I was with the last witness on the day in question—I saw the lads come out of the confectioner's shop—I saw Holloway get in front of the lady, which stopped her from going on her way, and I saw Smeade put his hand in her pocket—I do not know whether he drew anything out—Spittle took Smeade, and Holloway was walking away, I took him, and found on him 11s., a gold ring, and one halfpenny.
Cross-examined by Mr. RIBTON. Q. Are you one of the detectives? A. Yes; I saw Smeade put his hand into the lady's pocket.
BENNETT ROSS . I live in Albion-road, Stoke Newington, and am a widow. Between 3 and 4 o'clock, in the afternoon of 7th Feb., I went into Mr. Hill's, a confectioner's shop, with a friend—while I was there I think I saw a boy come in; he was about the height and size of Smeade—he bought come cake—he stood on my right hand—while he was there I pulled out my purse to pay for what I had purchased—I replaced my purse in my pocket—I do not think it fell through my dress on the ground—if it had I should have heard it—I had 1l. 19s. in my purse—this is my purse to the best of my knowledge—I was not aware of my loss till the officer spoke to me—this is the paper that was in my purse, and this is the sum of money that I lost.
SMEADE— GUILTY . Aged 14.
HOLLOWAY— GUILTY Aged 18.
(Smeade was further charged with having been before convicted.)
GEORGE MATTOCK (policeman, G 162). I produce a certificate of Smeade's former conviction at this Court for picking a lady's pocket in Chiswell-street (read— Thomas Dean, April, 1851, was convicted and confined one year)—Smeade is the person.
(Thomas Small, a smith, and Smeade's father gave him a good character.)
SMEADE—GUILTY. Aged 14.— Transported for Seven Years.
HOLLOWAY. Aged 18.— Confined Twelve Months.
THIRD COURT.—Wednesday, March 2nd, 1853.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. SIDNEY; Mr. Ald. WIRE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY .** Aged 18.— Transported for Seven Years.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 20.— Confined Four Months.
GUILTY . Aged 34.— Confined Four Months.
EAVES pleaded GUILTY . Aged 17.— Confined Six Months.
STRAY pleaded GUILTY .† Aged 18.— Confined Twelve Months.
GUILTY . Aged 24.**— Transported for Seven Years.
JOHN PETIFER . On 14th Feb., about half past 1 o'clock in the afternoon, I was in Broad-street, and in consequence of what a gentleman said to me, I discovered I had lost my handkerchief, which I had had safe within about five minutes—afterwards I saw it in possession of the police—this (produced) is it—there is a mark on it.
HENRY FINNIS (City policeman, 633). I was in company with Webb, and saw Wood take the handkerchief from Mr. Petifer's coat pocket and give it to Taylor, who put it under his coat—I had seen the three prisoners in company some five or ten minutes, and after the handkerchief was taken, they all crossed the road together—I then took Davies into custody, and Webb took the other two—I saw Webb take the handkerchief from Taylor.
HENRY WEBB (City policeman, 524). On the 14th, between 1 and 2 o'clock, I saw the three prisoners together in Old Broad-street. I saw Wood take the handkerchief from the prosecutor's pocket and give it to Taylor, who put it inside his waistcoat—the three prisoners then all crossed the road together—I took Wood and Taylor into custody, and found the handkerchief in Taylor's breast.
Wood's Defence. Me and Taylor were coming down Broad-street, and we found the handkerchief on the palings; I picked it up, and the policemen came to us.
WOOD— GUILTY .*† Aged 18.
TAYLOR— GUILTY .*† Aged 17.
Confined Twelve Months.
DAVIES— NOT GUILTY .
GUILTY .*† Aged 16.— Confined Eight Months.
WILLIAM RAMSEY . I am second mate of the Golconda, which is lying is the London Docks. Thomas James Miller is the master—we have copper tiles on board—on 28th Feb. I saw the prisoner coming out of the ship's hold—he had no business there—he left the vessel, I watched him along the quay, and sent a man after him and gave him into custody—he was brought back to the ship not five minutes after he had left it, and I saw the two tiles (produced) found on him—I know them; they were stowed away in the after part of the ship, as cargo for Calcutta—when the prisoner left the ship he was holding up his breeches, as if holding something up.
GEORGE RAIN (Thames policeman, 53). The prisoner was given into my charge—I took him to the station, searched him, and found these two tiles on him—he said, a man with his trowsers tucked up, showing his stockings, had given them to him.
Prisoner's Defence. A man gave them to me out of the ship; he carried them on board another ship to me, and hired me to take them out of the dock for him; I did not go into the hold myself.
GUILTY . Aged 20.— Confined Six Months.
Mr. CLARKSON conducted the Prosecution.
JOHN WILLIAM GREEVES . I am shopman at Messrs. Westwoods, chemists, No. 16, Newgate-street. On Saturday, 5th Feb., between 6 and 7 o'clock in the evening, the prisoner Smith brought me this note (read—Messrs. Westwood and Hopkins, No. 16, Newgate-street.—Please send by the bearer 4 lbs. acid tart., 3 ozs. ess. bergamot, 3 ozs. olamygd. ess. 3 ozs. ol. menth. pip. T. W. Palmer, No. 75, Newgate-street.)—I said to him, "From Mr. Palmer's?"—he said, "Yes"—I asked him whether he would take the goods with him—he said, "Yes"—I did not much like the look of the order, and sent for an officer and gave him into custody.
Cross-examined by Mr. PAYNE. Q. Did you hear Smith ask if that was Mr. Westwood's shop? A. Yes; he remained till an officer came, and he was given into custody.
Mr. CLARKSON. Q. How long was that? A. Five or eight minutes—I did not tell him I had sent for an officer.
THOMAS WALTER PALMER . I live at No. 75, Newgate-street, and am a chemist and druggist. This order is not my writing; no one wrote it with my authority—I know nothing about it—I did not send anybody on 5th Feb. for goods to Messrs. Westwoods.
Stevens—I know the prisoner Brown, but do not know much of him—on 5th Feb., and before that, he was living at Long-alley, Shoreditch, and my brother lived with him for a fortnight—on Saturday afternoon, 5th Feb., I went to Brown's house about 5 o'clock for the purpose of lending my brother a little money—I said to my brother, "I shall lend you 5s."—Brown, who was present, answered directly, "I am going to take him down to a friend of mine, where I can get him more money"—I then left the house with both the prisoners; we had some drink at a beershop, and after that I left them—I did not see any more of either of them till Thursday, the 10th, when Brown came to where I work, and told me my brother was in trouble—I asked him what trouble; he said he could not exactly tell me then, he was in such a great hurry, but if I came down to his house that night his wife would tell me more about it than he could—I went there in the evening, and saw Brown and his wife—I again inquired of Brown what trouble my brother was in—both Mr. and Mrs. Brown told me my brother was in trouble, and he was in the Old Bailey for forging a note—I asked what he was in Newgate for, and he said some gentleman had given him a forged note, and he took it to a doctor's shop and then he was took—he said the note was about some drugs and some acids—he said the doctor's shop was somewhere in the City; I asked him where, and he said he could not tell me—I then asked about the day I could visit my brother, and in consequence of what I leant I went on the following Saturday to see my brother in Newgate—I afterwards told my elder brother, Andrew, what I had heard in Newgate—I saw Brown again at his house on Friday night, the 11th, and Mrs. Brown said in his presence, "If a word comes about my husband, if his name is brought into it, he will get in more trouble than your brother, as he has had dealings with this shop before"—I asked several times what shop it was, and Mr. and Mrs. Brown both said they could not tell me.
Brown. Q. I told you I had dealings with the firm before, where your brother took the letter? A. Yes, and asked me to say nothing about it.
Cross-examined by Mr. PAYNE. Q. On the 5th, did Brown and your brother leave Brown's house together? A. Yes; my brother cannot read or write in the least; he could not understand these hieroglyphics about the oil of almonds—I made a mark to my deposition.
ANDREW STEVENS . I live with my brother Richard, the last witness, at No. 4, Goodman's-buildings. On Thursday, 10th Feb., my brother Richard made a communication to me about my brother William, that he was in trouble, and where he was—on the 14th I went to see him in prison, and in consequence of what he said to me I gave Brown into custody—my brother William told me who gave him the note.
Cross-examined by Mr. PAYNE. Q. Did he tell you what he was to have for taking the goods? A. He said he would give him 6d. to take the note—I have not been friends with my brother for two years until now—Brown told me my brother was remanded for a week, and he would only get a fortnight's imprisonment.
EDWARD DUNN . I am in Messrs. Westwoods' employ. The prisoner Brown was a customer of ours in 1849, and I was in the habit of receiving orders and letters from him—I have a knowledge of his handwriting; I believe this order to be his writing—I also believe the direction to be his writing, but it is disguised.
Cross-examined by Mr. PAYNE. Q. What was Brown, when you corresponded with him? A. A chemist, at Leytonstone.
Long-alley. I know Brown, and have seen him write—I believe this order to be his writing, as far as my knowledge will allow me to go.
Brown. Q. How many times have you seen me write? A. Three times; once I saw you writing at my place, once you wrote on my petition, and once you showed me some writing of your own.
JOSEPH ENGLAND (City policeman, 217). I took Smith in custody at Messrs. Westwoods' warehouse. I told him he was charged with endeavouring to obtain drugs with a false order—he said he did not know, he was not aware what it was—I asked him where he got it; he said he got it of some gentleman in the street, who was to give him 6d. when he returned—he was asked at the station where he lived; he said 28, Red Lion-street, Hoxton—I went there, and there was no such person living there.
Cross-examined by Mr. PAYNE. Q. Have you got any one from there? A. No; I merely inquired, and did not find anybody of that name.
THOMAS GEORGE GISBY (City policeman, 245). I took Brown in custody at No. 99, Long-alley, Sun-street, on 14th Feb., by the directions of Andrews Stevens—I told him he was charged with forging Mr. Palmer's name to an order that was sent to Mr. Westwood's in Newgate-street—he said it was not him, he knew nothing about it—at the station he was asked whether he knew Mr. West wood; he said yes—he was shown these two old orders by the inspector, which came from Westwood's, and was asked whether they were his writing (produced)—he said yes—he was then shown the forged order—he said that was not his writing.
Brown. Q. Did you take me into custody at my own house? A. Yes; I told you what you were charged with—you said you knew nothing about it—I said perhaps you would walk to the station-house with me, and you did so—the sergeant did not say there was no charge against you, he told you to sit down till Mr. Westwood was fetched.
Brown's Defence. The officer came to my house and told me I was charged with the forged order; I said I knew nothing about it; he said would I object to go to the station; I said certainly not; when I got there the sergeant said there was no charge against me, and would I wait till they sent to Mr. West-wood; I said "certainly;" and when Mr. Westwood came, I was given in custody.
SMITH— GUILTY. Aged 23.—Recommended to mercy by the Jury and Prosecutor. — Confined Six Months.
BROWN— GUILTY . Aged 27.— Confined Two Years.
394. WILLIAM MELTON , stealing an order for the payment of 226l. 3s. 8d.; the property of Mohammed Benazuz.—2nd COUNT: embezzling an order for 226l. 3s. 8d.; the property of Mohammed Benazuz, his master 3rd COUNT: stealing an order for 226l. 3s. 8d.; the property of John Dalgleish, his master.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
EDWARD WEBB . I am confidential clerk to Mr. Dalgleish, colonial and fruit broker, of Mincing-lane. He is the prosecutor in this case—his Christian name is John—he is ill, and confined in Scotland, and has been so since before this transaction—I have authority by procuration to draw on his bankers—Mr. Benazuz is one of our customers—on 22nd January we had 226l. and a fraction, and also an account sales, to remit to him—the prisoner was in Mr. Dalgleish's service, and had been so about ten years—Mr. Dalgleish and
I thought well of him—on the afternoon of 22nd January the prisoner made the remark to me, "I am going near Broad-street, and will take Benazuz's cheque and account sales," and some other account sales of persons who lived in that direction—this cheque (produced—this was a cheque on Smith, Payne, and Co.'s for 226l. 3s. 8d.) was then lying on the desk—it is signed by me by procuration, the other part of it is written by Mr. Alexander—I gave it to him, and also the account sales—he was to take them to Mr. Benazuz, and also to go to Messrs. Lonergens to get a bill which had been left for acceptance the day before—after he had done that, he was to return to the office—he went with these about 2 o'clock, I think—Mr. Benazuz lives at No. 10, South-street, Finsbury, and is a Turkey merchant—I heard nothing more of the prisoner from the time he went away till 5 o'clock, when, in consequence of what I heard, I sent to Smith, Payne's, our bankers, and after that to Mr. Benazuz; and in consequence of what I learnt at those places, I gave information at the Bow-lane police station—in consequence of what Mr. Benazuz explained to me had happened, I went with him to Messrs. Glyn's, and paid 66l. 9s., 9d. for him at his request—the prisoner never returned to the counting-house—the 22nd was Saturday, and on the Sunday week after I heard of his being in custody in Kent, and went down and saw him—he was brought up in custody alter an examination before the justices there.
MOHAMMED BENAZUZ (sworn on the Koran). I consider that form of oath to bind my conscience to speak the truth—I have long had dealings with the house of Dalgleish and Co., of Mincing-lane—on 22nd Jan. I had 226l. 3s. 8d. to receive from that house—I have known the prisoner a long time; I have seen him at Dalgleish's house—on 22nd Jan. he came to me, at near 3 o'clock, and handed me this account of sales (produced), and the check which has been produced; when he handed me the check, he asked me if be should go to get the money for it; I said I should be very much obliged to him, it would save me the trouble—I then handed him back the check, and told him at the same time he received the money, I gave him a notice of a bill I had to pay lying due for 66l. 9s. 9d.; I asked him to pay that, and bring me the rest in small notes—I asked him to pay the bill out of the proceeds—this is the bankers' ticket (produced); he was to pay that at Glyn's—I also gave him another bill for 51l.—I wrote my name on it, and asked him to write the day of the month, 22nd Jan. I cannot write English—I asked him to pay it into the house where he took the other one up.
COURT. Q. That bill was your property, not your acceptance? A. The bill came from Gibraltar, and was left for acceptance—I asked the prisoner to take the check, and receive the money, and pay part of the money into Glyn's, to meet the bill 66l. 9s. 9d., and I gave him another bill to leave at Glyn's.
Mr. CLARKSON. Q. Did he ever come back to you? A. No, I never saw him till I saw him at the Lord Mayor's office—in consequence of his not coming back, I saw Mr. Webb, who put me in a position to meet the engagements of the day, I giving him a receipt.
Cross-examined by Mr. DEARSLEY. Q. When the check was brought to you, I believe you were under the impression that you had endorsed your name on the check? A. Yes, my custom is to write my name on checks—I took the check into my hands with the account sales, and then asked him to go and take up the bill of 66l., and also to leave another bill; he did not take up the bill for 66l.
JURY. Q. When the prisoner came to you, did he volunteer his services to get the check changed, or did you ask him? A. He asked me himself.
GEORGE TESSIER . I am clerk at Smith, Payne, and Smith's. Mr. J Dalgleish banks with us—on 22nd Jan. the prisoner brought a check of 226l. odd, to be cashed—I cashed it, and gave him two 100l. notes, and the rest gold and silver—(referring to his book) the notes were Nos. 94932 and 94,279, dated 10th May, 1852.
RICHARD ADYE BAILEY . I am clerk in the Issue Department of the Bank of England. I produce the notes Nos. 94932 and 94279 (produced)—on the face of both of them I find "Benazuz, 10, South-place, Finsbury."
JOHN CARRICK . I am landlord of the Swan Inn, West Mailing, in Kent The prisoner came there by the 8 o'clock evening coach, on 22nd Jan.—he remained till the 29th, when he was taken into custody—after he had been there a day or two, he gave the name of Melton—he did not give any other name—Wilmot was the name he gave; he did not give both names; the name he gave was Wilmot—I did not know him by the name of Melton at all—in consequence of a description I saw in an advertisement in the Times. I looked into the prisoner's carpet bag—I 'found a bill there; and in consequence, gave information—two or three days after the prisoner came, he gave me a bag of gold to take care of, supposed to be 200l.—he afterwards asked me for the bag, and gave it me back again—I delivered it up before the Magistrate.
Cross-examined. Q. I believe he had been at your house before? A. About five weeks before, I knew him.
Mr. BALLANTINE. Q. Did you know his name? A. No; I never heard it before.
JOHN YOUNG . I am the constable of West Mailing. On Saturday, 29th Jan., in consequence of information given me by Mr. Carrick, I took the prisoner into custody at Addington, which is about two miles from West Malling—he was in company with two more—I told him from information I had received, and an advertisement I saw, I should take him into custody—I took him into custody, and confined him in the lock-up at West Malling—I searched him, and found on him 22l. 10s. in gold, and 35s. in silver—I saw the superintendent of the police at West Malling find fifty-nine sovereigns in the prisoner's carpet bag, which were delivered to me, and are now in the hands of Webb, the Mansion-house officer—the bag had been brought by me from the bedroom at Mr. Carrick's.
HENRY WEBB (City policeman.) I took possession, amongst other things, of the bankers' ticket for a bill of 66l., and also a purse—I am the officer who has produced to-day such of the articles as have been called for—I took care of the 183l. odd—the difference between that and 226l. is gone.
Mr. DEARSLEY submitted that the evidence disclosed no legal offence; it was clearly not a case of larceny from Dalgleish, because the prisoner was ordered by Mr. Dalgleish's clerk, Webb, to take the check to Benazuz, and he delivered it; nor could it be a larceny from Benazuz, he, after receiving it, having requested the prisoner to change it, saying it would save him the trouble. He also submitted that it was not a case of embezzlement, one solitary case not being sufficient to constitute the prisoner the servant of Benazuz.
Mr. CLARKSON contended that it was clearly a case of larceny. The question was whether the prisoner did not make the offer to change the check for the purpose of disguising his intentions from Mr. Benazuz, and inducing him to part with it; if such was the case, the property in the check had not departed from Mr. Dalgleish up to the time it was turned into money.
Mr. BALLANTINE (on the same side) urged that it was a stealing from Dalgleish, and that the opinion of the Jury must be asked upon that; that the form of taking the check to Benazuz was only a cover to what he meant to do with it; that he got it, in the first instance, from Webb for the purpose of stealing it; that the taking the check to Benazuz did not sufficiently disconnect the prisoner from the relationship to his master as to render him irresponsible for the criminal act he committed. The whole of the evidence evinced that his intention was to rob his master, and it was for the Jury to say whether at the time he handed the check to Benazuz he did not mean to act it back again; for unless the delivery to Benazuz was a bond fide delivery (which was a question for the Jury) it did not alter the relationship of master and servant.
Mr. DEARSLEY (in reply) contended that it was a question for the Court to decide, that the prisoner was only performing his duty in taking the check to Benazuz, and that he could not he said to be guilty of a trick afterwards in repossessing himself of it, Mr. Benazuz giving it to him and saying it would me him trouble.
The COMMON SERJEANT was of opinion that there was no case to go to the Jury, the arguments that had been used would make it an embezzlement from Dalgleish; the case amounted to a gross fraud.
NOT GUILTY .
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
EDWARD WEBB . The prisoner proposed to me, on 22nd Jan., to carry the check and account sales to Mr. Benazuz, and I told him to go to the house of Lonergen and Co., and bring back a bill for 100l., which had been left for acceptance the day before, and bring it back on his return—he had no authority to do anything with the bill otherwise than to bring it back to me immediately on his obtaining it—he did not come back—this is the bill (produced)—it is "Mr. Dalgleish's property—it was produced to me at West Malling, on Sunday, the 30th, the prisoner having left on 22nd—this "No. 2965" on the bill is my writing—I wrote that when I sent it for acceptance—I gave it to Mutter to take to be accepted.
JOHN CARRICK . I am landlord of the Swan Inn, West Mailing, the prisoner came down by the coach at about 8 o'clock on 22nd Jan., it takes about four hours to come from town to West Malling by that coach—I believe he did not bring a carpet bag with him, I did not see one—I found him with one after he had come—after he had been in the house from the Saturday to the following Thursday, he gave the name of Wilmot, he brought a good deal of money which he entrusted to my care—he was out very often with a horse and gig, drank champagne and lived rather expensively—my bill altogether was about 15l.—I saw an advertisement in the Times, and from
what I saw of the prisoner my curiosity tempted me to observe the contents of a bag which was in the prisoner's bedroom—this is it (product—I drew it open at the mouth, took out a pocket book, and among other things I found the bill produced—after finding the bill and examining the advertisement I gave information to Young, in consequence of which the prisoner was taken into custody and taken to the lock-up—he was brought to my house again the same night by Young, and slept there—the bill was produced to Young, but the bag was not—the pocket book was taken from the bag, and before the Magistrate the bill was taken from the pocket book in the prisoner's presence—I stated before the Magistrate where I found it, and under what circumstance—this is the pocket book (produced), this name was in it at the time I found it, and I found it answered to the name in the advertisement—(read—"William Melton, 1st Jan. 1853")—I was entrusted with some gold of the prisoner, I do not know the amount, it was about 200l., I did not count it—on 26th the prisoner took a portion of it, and the remainder I delivered to the officer—the prisoner slept at my house the night he was taken—he was taken before the Magistrate next morning and remitted from there to the Mansion House.
EDWARD WEBB re-examined. This, "William Melton, 1st Jan. 1853, "in the pocket book is in the prisoner's writing—this writing at the end of the pocket book is also the prisoner's (read—"I am now dying, if I live half an hour longer it will be as much as possible, good bye my dear friend (M. F. and W. F.), may God bless you more than he has me—good bye dear brothers, and mother, good bye all. W.MELTON."
JOHN YOUNG . On 29th Jan., in consequence of information I received from Mr. Carrick, I went to Addington, which is about two miles from West Mailing, and found the prisoner there with two other people in a road leading from a public house—I told him from information I had received, and an advertisement I saw I must take him into custody—I found 22l. 10s. in gold, and 35s. in silver on him—a bag was produced from the bedroom at the Swan—I have not got it here—I was ordered at the Mansion House to give the money up, and the things were given up likewise—when I first saw the bag there were clothes, shirts, and fifty-nine sovereigns in it—I took it from the bedroom at Carrick's public house in his presence.
(Mr. Dearsley submitted that there was no case to go to the Jury, the prosecution not having shown that the prisoner ever received the bill from Lonergen's which was a most important link, that the presumption by law was in favour of the prisoner's innocence, and contended that the bill might have been sent to the prisoner after he got to the country. The Common Serjeant thought the recent possession was enough, and that the case must go to the Jury).
GUILTY. Aged 20.—Recommended to mercy by Mr. Webb. — Confined Eighteen Months.
GUILTY . Aged 18.— Confined Six Months.
STEPHEN COUSINS . I am a merchant. On 26th Feb., between 12 and 1 o'clock I was walking in Tower-street with a friend, and in consequence of information I found I had lost my handkerchief, which I had had five or
six minutes previous—I ran down Water-lane with Coates, and caught the prisoner Evans there and held him till the officer came—Mr. Medwin then brought me my handkerchief, this is it (produced)—as I was going down Water-lane, I saw both the prisoners together—they were quite close together, and appeared to be arm in arm.
GEORGE THOMAS COATES . I am a porter, and live in Redcross-square. I was going down Tower-street, and saw Evans pick the prosecutor's pocket; he lifted up the tail of his coat, and took the handkerchief out—Bennett was about three yards behind Evans—I had seen them both following a gentleman about half a minute before that, walking about three yards behind each other—after Evans took the handkerchief, he crossed the road, and I told the prosecutor what I had seen—Evans crossed the road, and went down Waterlane, and I there saw Bennett walking by his side—I heard the prosecutor call out, "Stop thief!"—Evans ran away, and was stopped at the bottom of Water-lane, and Bennett was stopped at once by another witness.
Bennett. Q. Did you see me in company with Evans? A. Yes, going down Water-lane—I did not hear you speak to him, but you walked by the side of each other, as if you were in conversation.
THOMAS MEDWIN . I saw Evans standing near the corner of Mark-lane—I saw Bennett cross Tower-street, and join him at the corner—they proceeded down Water-lane, following another gentleman, and while they were following that gentleman, I heard a cry of "Stop thief!" saw the handkerchief drop, and Evans ran away—I cannot say which threw the handkerchief—I stopped Bennett, and asked him if he had any objection to walk with me to the bottom of Water-lane—he said, "No, "and did so—I picked up the handkerchief.
Bennett. Q. You said you thought I was in company with the other prisoner, and had better wait? A. Yes; you walked down the hill with me, and waited till the policeman came.
Bennett's Defence. I was stopped by Mr. Medwin, who said I had better wait till an officer came, as I was in company with the other prisoner; I waited, and gave myself into custody; I am innocent of the case; knowing I had been in trouble before, I did not wish to attempt to escape.
BENNETT— NOT GUILTY .
GEORGE POCOCK . I am shopboy to Thomas Bishop, clothier, of No. 9, Holborn-hill; he has got one partner. On 29th Jan., between 4 and 5 o'clock, I was just returning from an errand; I was just outside the shop, and saw the prisoner coming out of the shop, with a bundle of eleven pairs of trowsers on his arm—they were fastened together, and had been hanging up about two steps inside the shop—I tapped the prisoner on the shoulder, and asked what he wanted; he sneered at me, and went away—I took the trowsers away from him, and he ran away; I followed him, and he ran down Plumtree-court, and I lost sight of him—I went back to the shop, and told my master.
Prisoner. Q. What time was it from the time you say I got away till you saw me next? A. This was on Saturday evening, and I saw you again on Monday morning, at the station—when the policeman brought me to the station, he did not point you out, and say, "Is not that him?"—there were two there, and he said, "Is there one of them there?"
EDWARD HITCHCOCK (City policeman, 283). On Saturday, 29th Jan., Pocock made a complaint to me, and described a man—next morning, Sunday, there was a man shown me at the station-house in custody and, from the description I had received, I believed him to be the man—on the Monday, as soon as the prosecutor's shop was open, I went, and said I thought we had the man, and Pocock came and identified the prisoner—there were two in the cell at the time.
GEORGE TAYLOR SWAN (City policeman, 267). I had the prisoner in custody on Saturday night, for stealing a box of linen—I went with Pocock to the cell, who immediately pointed out the prisoner as the man who had taken the trowsers—I brought these trowsers (produced) from the prosecutors'.
Prisoner's Defence. I was pointed out by the policeman to the boy; be put the words into the boy's mouth, and asked if that was not the man.
HENRY WHITE . I am a carrier. On 29th Jan., about a quarter to 7 o'clock in the evening, I was in Newgate-street, with my cart—a boy was driving it, and I was following behind—I saw the prisoner first in the Old Bailey, loitering about, and I saw him following my cart, from two to three yards behind, the whole way down Newgate-street—he took the chain from under the cart behind, and moved a box which had been chained on—he moved it a little way first, found it was loose, and put it on his shoulder; and I took him by the collar—he took it off the cart, and was going to put it on his shoulder—I collared him, and gave him into custody.
Prisoner. Q. Did not you state before the Magistrate that the box was partly off the tail? A. I said you had had it in your hand; it was still partly on the tail.
COURT. Q. Is the box here? A. No; it was a box I was carrying, and contained shirts, linen, and wearing apparel.
GUILTY . Aged 29.— Confined Twelve Months.
OLD COURT.—Thursday, March 3rd, 1853.
PRESENT—Lord Chief JUSTICE CAMPBELL; Mr. JUSTICE MAULE; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. LAWRENCE; and RUSSELL GURNEY, Esq.
Before Mr. Justice Maule, and the Fourth Jury.
NOT GUILTY .
NEW COURT.—Thursday, March 3rd, 1853.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. HOOPER; and Mr. RECORDER.
Before Mr. Recorder and the Sixth Jury.
GUILTY . Aged 19.— Confined Twelve Months.
Mr. DEARSLEY conducted the Prosecution.
THIRZA CORNEY . I am a widow; I keep the Blue Anchor public house, at Bow. On the evening of 14th March, 1851, about 10 o'clock, I was at the bar—in consequence of a noise that I heard I sent the potboy up stairs, and my husband went for a policeman; my husband is now dead—when the policeman came, I went up stairs—I found my drawers had been pushed open; they had been locked that morning, because I had put some of the spoons away—I missed all my spoons, I should think about twenty-four, a medal, punch ladle, and other things, and some money; my husband said there was 10l., but I had not the handling of it—I did not see it there—when I went up, the window was open—I had passed the window at 6 o'clock in the evening, and had fastened it myself—a person of the name of Ellis was taken at that time—I appeared against him find gave evidence, and he was transported. (See Vol. xxxiii. p. 887.)
Cross-examined by Mr. METCALFE. Q. None of these things were carried away? A. The money was carried away, the other things were left, tied up in a handkerchief.
Mr. DEARSLEY. Q. Were they taken out of the drawers? A. Yes, and found under the foot of the bed.
JAMES OSBORN . In March, 1851, I was potboy at the Blue Anchor. On 14th March, about 10 o'clock at night, I was sent up stairs by my mistress to what we called the middle room—I went to the window; it was closed—I saw two pairs of legs under the bedstead—I ran to the door, shut it, and called for assistance—when assistance was coming, I went in the room, and saw the backs of two persons getting out of the window; I am quite certain there were two persons, because I saw four legs.
Cross-examined. Q. How long did you remain in the room the first time, when you saw the legs under the bed? A. Directly I saw them I took care to shut the door and call for assistance; I did not see them when I first opened the door, I went to the window first; in coming back, I saw the legs under the bedstead—I then went to the door—I am quite certain the window was shut and fastened—I should think scarcely three minutes elaped from the time of my shutting the door till I opened it again.
COURT. Q. Were there persons down stairs? A. Yes; I was a little alarmed, as I found there were two to one.
JAMES CLARK (policeman, K 199). I know the Blue Anchor public house; it is in the parish of St, Mary. Stratfordle-Bow. On 14th March, 1851, about half-past 9 o'clock in the evening, I saw the prisoner in company with George Ellis within about 200 yards of that house—they were in deep
conversation—I knew the prisoner well for six or seven years—Ellis was transported from this Court for the robbery.
Cross-examined. Q. Have you a memorandum of it? A. I made a memorandum; I have not it here, and I assisted in taking Ellis, I believe about 1 o'clock in the morning, at his own home—I know that the prisoner lived at that time in the parish of Bow—it was on a Friday, I am quite sure, and on 14th March, 1851—it was in a public road that I saw the prisoner and Ellis, in the high road, where a good many persons pass—there were no other persons there at that time; no one was in sight, only them two and me—I bad not passed any persons for two or three minutes.
Mr. DEARSLEY. Q. Did you, the same evening, apprehend Ellis, and go before the Magistrate the next day? A. Yes
JURY. Q. How near were you to them? A. I passed on the same path where they were standing; it was near to a gaslight—I had known the prisoner six or seven years.
COURT. Q. You were passing on your beat? A. Yes, I was in uniform; the prisoner was about 200 yards from the public house, and about a quarter of a mile from his own home.
HENRY STUTZBURY . I remember 14th March, 1851; it was on a Friday. I was passing the Blue Anchor between 10 and 11 o'clock at night—I heard the people halloo in the street, and a man pointed up to a window—I looked up, and saw the prisoner and another man get out—I was about two yards from the window; I walked up, and might have put my hand on the prisoner's shoulder if I had known what was the matter at the time—I had known the prisoner for some time; I used to go to the same school with him—I could not be mistaken in him—it was a beautiful moonlight night; it shone right on the window—when they got out they ran along the leads, and jumped from there to the tiles, from there to the gate, and jumped down—when they got from the gate to the ground, I walked up, and might have put my hand on the prisoner—the other man was George Ellis; I knew him well before—I did not know where the prisoner lived at that time.
Cross-examined. Q. You were so near you could have put your hand on them, if you had known there had been a robbery? A. Yes; I saw the two men come out of the window, run along the leads and on the tiles, and on the gate, and jump down and run away—I did not know what it was—a man came out of the house and pointed to the window; he did not say anything—I did not think there was a robbery—I did not know what the people were screaming and calling about; I thought there was a fight, or something—I did not give it a thought—I did not know that there was some robbery—I was passing the house in going home—I knew Ellis; he lived in Amwell-street, the first house on the left hand side—he used to work at Tucker's factory—I believe at that time he had nothing to do; he might have been out of work for six months—I had seen a good deal of him during that time—I was at that time working at a distiller's, at Bromley—I had worked three or four years before that time, sometimes three or four days in a week.
Q. You have been examined before, and cross-examined—had you worked three years before that, or only two days? A. On the week of the robbery I think I worked two days—when I did not get work I lived at home with my father and mother, and I do so still—I work now at Curry's and at Hughes'—they are both distillers—I only worked at the gas-works that day—I worked at the distillers three years before the robbery—I never was in any difficulty.
Mr. DEARSLEY. Q. Did you give the same evidence before that you have
to-day. A. Yes; I am quite positive beyond a doubt that the prisoner is the person who came out of the window—it did not strike me whether there was a robbery or not.
JURY. Q. Why did not you seize the prisoner? A. They were gone so quick—I have had no quarrel with the prisoner—when they came away there was a man came out of the house, and cried, "Stop thief!"—I ran after them, but could not catch them.
COURT. Q. Since this matter occurred, haveyouseen the prisoner in Whitechapel? A. No; I saw him in Ratcliff-highway ten weeks ago last Saturday—he was with another person—I could not get near enough to him to take him—I have seen him several times since the robbery—I saw him at Hackney two or three times—I gave information to the constable each time I saw him—when I saw him ten weeks ago I expect he saw me, and he ran away too quick for me—I ran after him 200 or 300 yards—he went up the Commercial-road towards Whitechapel church—it was about half-past 10 o'clock in the day—I did not call police—there were not a great many people about—I spoke to a policeman, and he had seen him the day before in company with two more in the Commercial-road—I worked at the distillers for three years, two days a week.
Q. Did you not before stateyouhad been working with your father? A. Yes; he worked there—the prisoner had a cap on, and a dark jacket—I do not think the name of this prisoner was mentioned on the former trial—I did not give information on the night of the robbery—I went home and went to bed—I did not see any constable that night—I knew there had been a robbery when the man came out—I did not go back to the Blue Anchor; I met my mother as I came back, and she persuaded me not to go—I mentioned the prisoner's name on the morning after the robbery to Mr. Gifford, when he came down to my house after me—I told him Who the other prisoner was—there was a handkerchief left by Ellis in the Blue Anchor, which led to his being taken—the officer found it with the plate tied in it—if the policeman bad not come to me I would not have given information—the policeman came to me because my brother was standing at the Blue Anchor door, and I told him I knew who they were.
NOT GUILTY .
Mr. BIRNIE conducted the Prosecution.
NATHANIEL EASTBY . I am a wine and beer merchant, and live at No. 132, Thames-street. The prisoner was in my employ as cellarman, and I had a boy beside—the prisoner had no authority whatever from me to remove any of my bottles—I could not say positively that I missed any bottles—on 19th February I had retired up stairs from dinner, and I was called down—I came out by the side-door, and observed some prickles up against the back-door, and I overheard either the prisoner or the boy say in a subdued tone, "There is master! there is master!"—the prickles were piled up very high directly in the passage leading to the door, so as entirely to obscure the back-door—they were apparently a screen to prevent observation—I went round behind these baskets or prickles, and saw the prisoner and the boy there (their duty was to be in the cellar)—I said, "What are you about here?"—the prisoner said, 'I am clearing up the place, Sir; I know you like to have the place clear, I thought I would do it by daylight"—I asked him if anybody had ordered him to come up from his work, and he answered in the negative—I directed him and the boy to go back in the cellar and go on with their work of bottling off
a butt of beer which they had been at from the morning—I examined the place and nothing was found; I retired to my office—about 3 o'clock a waterman came with another man, and he said, "This man has come for the money for the bottles"—I said, "What bottles?"—I have seen some corks—they are mine, and have my name on them—I do not allow any perquisites to any men—the only perquisite that was allowed was broken glass, but recently we have not allowed that—I have seen an empty bag, it belongs to my corn-merchant—I did not see any empty bottles, I only saw the space where the bottles had been removed from—the baskets that were piled up were empty, but there were a great number of baskets which were full.
COURT. Q. In consequence of what passed between you and this man, what did you do? A. I directed him to go to the person that employed him—I afterwards went out, and the other man said, "It is all right, the man has got paid. "
Cross-examined by Mr. DEARSLEY. Q. You did not miss any bottles? A. I did not.
ROBERT ALEXANDER TILLCOCK (City policeman, 61). I went to the last witness's house, and took the prisoner into custody—the other person is not here—he was taken from the bar, and put in the witness box—I found three hampers at Red Lion-street, Holbom; one of them had eleven dozen of pint bottles, and the others had sixteen dozen of quart bottles—two of the bottles are here, and one hamper—I found at the prisoner's lodging two paper bags, containing seventeen dozen of corks, and amongst them are some with Mr. Eastby's name branded on them—I produce this bill, which I got from Mr. Garrod.
CHARLES FARMER . I am a waterman at a cab-stand in Thames-street, On 19th Feb., about half past 2 o'clock, the prisoner came to me at the stand; he said, "Do you know a young man here named Charley, a cab man, a black-haired fellow?"—I said, "Yes;. but he is not here"—he said he wanted him to go with three baskets of wine bottles to Holborn—I said I was doing nothing, I did not mind going myself—I went to Fann-court, Miles-lane; a truck was there, and the prisoner and another loaded the truck with three baskets of battles—the prisoner gave me this paper—I did not see him write it—I cannot read the writing—I know it is the same paper—I go by the letters on it—it looks like the paper—I took it to Red Lion-street, and gate it I to Mr. Garrod—I left the bottles, and brought the empty truck back.
Cross-examined. Q. What time of day was this? A. About half past 2 o'clock—I thought it was all done in a straightforward and business-like manner, or else I should not have gone and done it myself.
COURT. Q. When you came back from Garrod's, did you see Mr. Eastby? A. I saw him in the counting-house—the baskets were something like this, and the bottles were of this description.
BENJAMIN GARROD . I am a bottle merchant, and live in Red Lion-street, Holborn. About 4 o'clock on Saturday, 19th Feb., I received three baskets of bottles; they were brought by the last witness and another man, whom I do not know—they were brought in a truck, and this paper was brought with them—I gave the policeman the same baskets and bottles that were brought—I suppose this is one of the baskets—I have known the prisoner three or four years—I did not see him that day—I do not know whose writing this paper is; I never saw the prisoner write—he worked for a man named Rowe, some few years ago—here is on this paper," J. Quinlan, at Rowe's"—I had not seen the prisoner before the bottles were brought; I did not expect them at all—I did not count how many bottles there were—we usually
put six dozen quart bottles in a basket, and twelve dozen of the pints; but the baskets were very full, and there probably might bate been more.
Cross-examined. Q. Have you ever heard anything against the prisoner before this? A. No; he has always borne a good character, so far at I know—I employed him myself at one time.
COURT. Q. What were you to do with the bottles? A. The witness who brought them said he would leave them, and some one would call for the money in the evening—I was to boy them; I do not know what I was to give—there was no bargain made; I had not seen any one about them—I had bought bottles of the prisoner before—if I had bought these, I should have given 1s. 1d. a dozen for the quarts, and 9d. a dozen for the pints.
COURT to CHARLES FARMER. Q. When the prisoner gave you these bottles and baskets, did he give you any message? A. He told me to leave then, and to tell Mr. Garrod he would come or send in the evening.
JOHN LEAY . I am fifteen years old; I have been in the employ of Mr. Eastby about twelve months. On a Thursday, I do not know the day of the month, I was at work with the prisoner in the cellar—he said in the morning, "I should like to have a few halfpence, Jack"—he said he wanted a pair of boots very badly for himself, and a pair for his wife—he said, "There are a few bottles up stairs, which I think I am entitled to have, because I brought seventeen or eighteen dozen from a gentleman's house at Winchmore-hill"—(Mr. Eastby has allowed us to bring home bottles to make up the stars)—I said I should not like to do it, unless Mr. Eastby was aware of it—he did not tell me how many bottles there were, pints and quarts together—I asked him—he said he did not know—I asked him how much he would get for the pints and quarts—he said he should not get more than 6d. a dozen for the pints, and the quarts he did not know how much he should get for—he said, "I will give you some of it"—I did pot see the witness Farmer—I wrote this paper at the prisoner's request, and gave it him on the Saturday, between 2 and 3 o'clock—he told me what to write—I wrote" Mr. Garrod, bottle merchant, Red Lion-street, Holbom"—I did not see the bottles put in the baskets—he did not tell me how many there were in each basket—I law three baskets; but there were more than three baskets behind the door, and they were filled with bottles—I did not tell my master, because the prisoner said he thought he was entitled to them; so I did not think it any harm to write the bit of paper—I believed the prisoner was entitled to all the bottles that came from Winchmore-hill, because he was the cellarman.
Cross-examined. Q. When he said he was entitled to all the bottles that came from Winchmore-hill, do you mean all the overplus? A. Yes; when we go for bottles we sometimes bring more than the number, and the overplus is supposed to be the perquisite—he gave me to understand that there were more bottles brought away than should be—I saw them—the carman and he went to Winchmore-hill with wine—when we are sent with wine, we are sent to the cellar to bring away empty bottles, and Mr. Eastby has told us to bring more than the number for stars—Mr. Eastby does not give his men the bottles; but it is considered to be the perquisite of the men—at Miller's they give the men a penny a dozen for their own bottles—the prisoner said afterwards that they were his own bottles.
Mr. BIRNIE. Q. Mr. Eastby gives his men wages? A. Yes; but he does not allow his men to take any of these bottles that I am aware of—when he tells his men to bring more bottles they are for him, not for the men—these bottles come from customers whom he has formerly supplied with full bottles, and he takes these empty bottles again.
COURT. Q. What is the practice? A. Mr. Eastby allows them to bring home more bottles for fear there might be any broken amongst his own bottles, and it so happened they brought home twenty-three dozen instead of seven dozen.
COURT to Mr. EASTBY. Q. How is this? A. My business is so conducted that no mistake can occur; we send in two forms, one is for the delivery of goods to their receipt; we have it printed, received so many bottles, returned so many—the man leaves one, and brings back the counter note, signed with their initials or their name—we are very subject to have what are called starred bottles, and these cannot be detected but by the eye of an experienced wine cooper; and we tell the carman when our friends will not allow him time to examine the bottles, that he must bring one or two empty bottles over, in lieu of one or two cracked, and we are very great losers after all by starred bottles—when the bottles were sent to Winchmore-hill, they were delivered to a customer from whom we do not have returned bottles; when he brought them from there, he said on the following morning, "I have brought eleven dozen over what I have given an account of"—I said, "I am much incensed at your conduct, if you do so again I will discharge you"—I referred to the bottle book, and he had brought eighteen dozen—he ought only to have brought eight dozen—these corks have been branded with my brand—they have not been used—I do not deal in corks, or part with them unless they have been used.
NOT GUILTY .
403. JOSEPH POWELL , feloniously breaking and entering the warehouse of William Wilkinson, and stealing 2,000 handkerchiefs, value 150l.; his property. 2nd COUNT: feloniously receiving the same. (See page 397).
Mr. COOPER conducted the Prosecution.
WILLIAM WILKINSON . I am a silk printer and warehouseman, in Watling-street. On 8th Jan. my premises were robbed—I lost, as nearly as I have been able to discover, about 200 pieces, amounting to about 2,000 handkerchiefs, of which I am the printer; I having the blocks my own property—I attended here last session, and on that occasion, two men were tried and convicted—one of them was named Taylor—I had known Taylor before—I had not seen this prisoner with him to my knowledge.
Cross-examined by Mr. DEARSLEY. Q. How many persons have you given into custody on this matter? A. None; I think three or four have been in custody.
LUCY WILSON . My father, Samuel Wilson, lives in Joiner-street, Westminster-road; he keeps lodgers, I manage his house. Some time before Christmas a man, named Taylor, called—he came alone—we had a bill up is our window for lodgers—I let the apartments to him—while he lived with us there was a female with him—while he lived with us the prisoner came and lodged in the same house for six weeks—he went by the name of Joseph Taylor—he and Taylor always went out together—they represented that they were brothers—after staying six weeks, they left—I gave them warning—I spoke about it several times; I did not like their conduct—they left the Thursday before Christmas.
CAROLINE FRAZER . I keep lodgings at No. 17, Mitre-court, Lambeth. On the 24th of December the prisoner came to lodge with me; Henry Taylor came with him, and he took the apartment—the prisoner and Taylor passed as brothers, and had one room; they slept together in one bed—they did not always sleep at home—there was a box in which they kept their clothes—I sometimes went in their room—on one occasion, about a week or rather more
after they lodged with me, I looked in the box, and I saw many handkerchiefs, some white, and a great many of this pattern (looking at one)—I mean by a great many several dozens, in pieces like this I shut the box down again directly—I looked in the box again the next day, the handkerchiefs were still there—an hour after that the prisoner and Taylor came in—they were both in the room together twenty minutes or half an hour; they then went out, Taylor first and the prisoner went out directly—each had a large parcel, and the prisoner had a brown paper parcel under his arm—after they were out I went in the room directly—I opened the box and it was then clear—the box was a large coffer as deep as my arm—the prisoner left on the 13th, and Taylor early on the Sunday morning after, that was on the 16th—I think it was in February the policeman Sheppard came—another officer came first, he searched the prisoner's room, and found nothing—after that officer was gone I drew the bedstead out and found this piece of handkerchief under the bedstead lying on the floor, and when Sheppard came I handed this piece of handkerchief to him.
WALTER SHEPPARD (City policeman, 96), From information I went to No. 17, Mitre-street, Lambeth; I received these handkerchiefs from the last witness on the 12th Feb., after the robbery at Mr. Wilkinson's—I was for come time searching for the prisoner on the other aide of the water—I could not find him.
Cross-examined. Q. Who took the prisoner in custody? A. Green, 376—I do not know whether the prisoner went to him and gave himself up—three persons beside the prisoner have been taken in custody on this robbery—I took Withers and Sedgwick on the 10th Feb., and they were discharged, but that was not about Mr. Wilkinson's robbery.
Mr. WILKINSON re-examined. Q. I have not the least doubt that this piece of silk-handkerchief is mine—I have the block of it, and no one else—this is part of the robbery—I am quite sure it is part of what I lost.
COURT. Q. Had you sold any? A. Only one lot, none of these had been sold—the majority of them were new patterns that had never been sold before—I had sold some of this pattern on another cloth, not on this cloth—I had sold none of these.
COURT to MRS. FRAZER. Q. The prisoner left your house on the 13th A. He left on the Friday—it was on the Sunday before that he went out with a parcel—it was on the 8th I found the handkerchiefs in the box.
JURY. Q. Were there any other things in the box beside the handkerchiefs? A. No; not any—there were a few little odd things in the box, some bits of calico and an old comforter; they were taken out and thrown on the bed—they might all have been put in a small handkerchief.
GUILTY on the second COUNT. Aged 19.— Confined Eighteen Months.
THIRD COURT.—Thursday March 3rd, 1853.
PRESENT Mr. Ald. HOOPER; Mr. Ald. SIDNEY; Mr. Ald. LAWRENCE; Mr. Ald. CUBITT; and Mr. COMMON SERGEANT.
Before Mr. Common Sergeant and the Seventh Jury.
404. ROBERT CHARLES FORSTER , sealing 40 medals, 40 silver clasps, and 40 pieces of ribbon, value 17l. 3s. 4d.; 20 silver medals, 20 silver clasps, and 20 pieces of ribbon, value 8l. 11s. 8d.; 14 silver medals, 14 silver clasps, and 14 pieces of ribbon, value, 6l. 0s., 2d.; the goods of our Lady the Queen: to which he pleaded
GUILTY . Aged 28.—(He received an excellent character).— Confined Six Months.
NOT GUILTY .
NOT GUILTY .
JOSHUA WINCHESTER LYNN . I live at No. 210, Whitechapel-road. In the early part of Dec, I was desirous of borrowing some money—I advertised in the newspaper, and received this letter (read—"No. 1, Upper Stamford-street, Blackfriars, Dec. 16th, 1852. J. Rickerby wishes for an interview with Y. Z., as to the loan to be granted for the time named at five percent; an appointment punctually attended, Y. Z., No. 20, Wilson-street, Grays-inn-road.") I did not know who it came from—I have seen the prisoner write, it is his writing—I replied to it, and the prisoner came to me on 15th Dec.—he gave me this card, "J. C. Rickerby, auctioneer and accountant, No. 1, Upper Stamford-street, Blackfriars,"—I showed him the letter, and he said he had sent it—I told him I wanted a loan—he offered to advance money on certain conditions, that I should ensure my life fur 400l. in the Gresham-office, through him—I told him I wanted 250l., and he said be would advance that on that condition—he showed me sundry papers about the Gresham-office, prospectuses, and reports; and he said, alluding to the reports," You will see by the reports we have been very successful; "and than he gave me these reports and prospectuses (produced)—I am sure he said" we, "he used the word" we "and" our "repeatedly with reference to other matter contained in the report—I saw him again the same evening when be brought this inquiry or proposal paper (produced), which he filled up in my presence for me; he examined me respecting the questions and answers and filled it up for me, I told him what to do—he then requested me to sign the paper, and he witnessed the signature—he then wrote this receipt for 1l. 1s., (produced) handed it me, and said I was to give him one guinea to hind me to my part of the contract—he stated he wanted that guinea as in many instances he had been at a deal of trouble, and afterwards the parties had declined—I objected to pay him at that time, but made an appointment to see him at his office, No. 1, Upper Stamford-street, the next morning—I paid him the guinea there, and he gave me this receipt with a note stating he was just going out, and was leaving it for me—he said he would let me know as soon as he heard the result from the Insurance-office—I then left him, and did not see him again till he was in custody—I heard nothing from the Gresham-office respecting the insurance—I gave him the guinea believing him to be an agent of the Gresham-office.
Prisoner. Q. Did you appoint an interview with me in your first or second letter? A. I wrote you a note appointing a time you might see me, and you came—the loan of 250l., the interest, and all the minutiœ were then arranged, and you stated," I will let you have this money on condition you assure in the Gresham-office through me," and there was also to he security
In bills of exchange—I gave you several references—you gave me the reports, and said, "We have been very successful, you will see how many proposals we have had"—I stated at the time that I should prefer insuring in another office, and said that my father-in-law was agent to another office, and drew your attention to the difference in the rates—you did not tell me I could insure in any office I chose—I positively swear you said, "We have been very successful"—you did not say, "You see the Society has been very successful"—you said, "We have been"—you said the guinea was to insure you from any personal loss from my not performing my part, and I wished it inserted on the receipt that the guinea should be returned if the loan was not granted, that was if you did not perform your part of the contract—(the receipt, at the prisoner's request, was here read as follows:—"Dec. 16th, 1852. Received of Mr. J. W. Lynn, 1l. 1s., as inquiry fee in respect to a loan; to be returned if not granted, J. C. Rickerby)"—I read the receipt before I paid you, and was satisfied with it—I have applied at your premises for the guinea, but did not see you, and I have also written—I deposited the guinea with you on the faith of your obtaining the loan, and also the insurance, one matter was bound up with the other—my references were in Gray's Inn-lane, Guildford-street, some at Islington, and at Loughton.
COURT. Q. How came you to let him have the guinea? A. Believing he was what he represented himself to be, in a position to command the money I required through the Gresham-office—I thought him to be in a position to get the money from there by examining the report, there was a certain manner and mode laid down that the money could be obtained, and believing him to be their agent.
Prisoner. Q. Did I say the loan was to be granted through the Gresham, or through myself? A. You did not state; you left me in doubt as to who it came from—the policy was to be held till such time as the bills were duly honoured, and then the policy was to be given up—you did not say the Gresham would advance it to me.
JAMES FRANCIS QUARTLEY . I am loan clerk to the Gresham Life Assurance Society. I have only known the prisoner since he has been in custody—he has nothing to do with the Gresham-office—he was not an agent for loans, and has never been employed by the Society; if he had been an agent for obtaining debtors to the Society I should have known it—he did come to the office and ask me about Hillmer's case, and I said it bad not been proceeded with—when loans are advanced to persons on their insuring, there is a fee for making inquiries as to the securities—the prisoner did not pay me any fee on account of Mr. Lynn, or anybody else—if he had paid it at the office, it must have passed into my hands—I have made inquiries about the prisoner.
Prisoner. Q. You have other clerks in your office? A. Yes; but not in the loan department—it it usual to give prospectuses to any one who applies for them—if a person represents himself to be an auctioneer or commission agent, or any profession, it is usual to give a commission—there was a proposal left at the office as regards Mr. Lynn—that is it that has been produced—it is not a proposal for a loan, a life insurance only, there is nothing about a loan—it is not requisite to pay any fee with that—if that proposal had been proceeded with, I should have reckoned you ought to have bad a commission on it, supposing you to be an auctioneer.
COURT. Q. That fee would be from the office? A. Yes.
Prisoner's Defence. I did not obtain any money from Mr. Lynn by false pretences; I stated I would get him the loan, but it would be necessary for him to insure his life, in connection with a Bill of Exchange, which he was to give for the amount; he gave me four references, some situated in Essex, and some in Clerkenwell, and I told him I should require 1l. 1s. as inquiry fee; he said he should have no objection to pay, provided it was repaid him I told him I would get a proposal for his life from the office, which would be going on in the meantime; in my business as auctioneer I can get persons to discount bills in connection with life insurances in any company; the guinea was paid to me for the inquiries, I never refused to return it him; it is only because I have been brought up on another charge that he has thought fit to charge me with this; I have often effected insurances in other offices, and was never charged with this offence.
ROBERT ANDERSON . I am a watchmaker, at No. 25, Westmoreland-place, City-road. On 17th Nov. an old man, who seemed nearly blind, came to my house with a boy, and engaged an apartment—the day after he came the old man asked me to write to his agent, Mr. Rickerby, of Stamford-street, for him—the next day the prisoner came, asked for Mr. Ratten, and it was understood he came from Mr. Rickerby, the blind man Mr. Ratten's agent—he was taken up to Mr. Ratten—I was in the room with Mr. Ratten, and when the prisoner came in he said, "Well, young man, what is the reason Mr. Rickerby," or "your master did not come?" I think he said "Mr. Rickerby"—the prisoner said he was very unwell; he had got a bad cold, and he would call upon him in a day or two—the blind man then said, "Tell your master to send all my title deeds"—the prisoner said, "Very well, Sir"—the prisoner came again next day; my daughter took him up to Mr. Ratten, and he asked him if he had brought his title deeds—the prisoner said he had, and delivered five or six to him—I then left the room, and a short time afterwards the prisoner left the house—after the prisoner was gone the old man asked my wife if she had a drawer where she could place the deeds in safety—I saw the deeds that evening, but they were not put into my hands till the next morning, when the old man brought them to me and said, "What is this?"—he showed it me to read, he was apparently blind—there was" C. A. Ratten, Esq., Cherry Orchard, Dorking, "on one parchment deed—I saw several of them, and he called them his title deeds—after I had looked at them, he said, "I hope you are perfectly satisfied, "and said he had sent for them for my satisfaction—(he had represented himself to be a man of house property when he took the apartments)—being a blind man I told him I had no reason to doubt him—a few days after that a letter came for him, which my daughter took to him and read to him in his presence—I saw this promissory note taken from it (read:" Leatherhead, Dec. 4th, 1852. Three weeks after date I promise to pay Mr. C. A. Ratten, or his order, 18l. 18s., being for one quarter's arrears of rent due 29th Sept.
MATTHEW WILSON . Payable at Barnard, Dimsdale, and Co.'s, Cornhill ")—he said it was from one of his tenants—he said he should be short of rents, and asked me if I would advance the money on the note—it had about a week to run, and I did so—he put his name on the back of it, and gave it me—he said they would not pay it at the bank without he put his name to it—I advanced him the money on the faith of these title deeds; I thought it was safe, and
believed him to be a responsible man—the note came due on 28th—the day before that (27th) he said was his birthday, and he proposed to have a dinner—he was to invite two of his friends, and I was to invite mine—when the dinner time came his friends did not appear—after dinner, about 9 o'clock, he asked my wife if the wine was not getting low or getting short—she said, "Yes," but said she did not think there was any occasion for him to have any more in—he said, "Oh, leave that to me"—within a few moments he went out of the room, unperceived by most of the company, and called a little boy of mine, about nine years old, to go with him—the boy returned in about an hour, but Mr. Ratten never came back—I have never seen him since—the prisoner came on the morning of the 27th, went into Mr. Ratten's room, and drank wine with him—he never came again after that—the next morning (28th), the day the promissory note was due, I received a note to say it was not paid, and I have had to pay the value of it since—while Ratten was at my house I do not think the prisoner missed coming there above one day, with the exception of Sundays—when he came Ratten used to go out with him just round the houses; I watched them two or three times—Ratten left in my debt for his board and lodgings.
Prisoner. Q. You say you wrote a letter to me in Stamford-street? A. Yes, and enclosed my card, and requested you to send the title deeds—your father, or whoever be was, told me to put my card in, he being a blind man I would not write a letter more than he told me to—you came the next day, and I said to you that I thought you might think it strange as I did not put any name to it, and you had no title deeds of mine, and you said, "Oh, I understood it"—when you brought the deeds they were in a blue bag—I did not read them then, but I did next morning—they might have been in a brown paper parcel, but you brought them out of a blue bag—they were taken out of the paper, and shown to me directly after, and I saw they were parchment deeds—you represented yourself as Mr. Rickerby's, Mr. Ratten's agent's clerk—a short time after the letter containing the note had come you came and said, "Did you receive a letter from Mr. Rickerby?" and the old man said, "Yes, it is all right. "
ROBERT JEFFERIES (policeman, N 165). In consequence of information, I took the prisoner into custody on 13th Jun., and told him I should take him for being concerned with his father in obtaining 18l. 18s. from Mr. Anderson in the City-road by fraud—he said he could not help what his father had done—on going to the station he said, "You had better take 10l. and go no further in it"—I have been to Leatherhead and Dorking, and can find no person of the name of Wilson, Ratten, or Rickerby.
ELIZA ANDERSON . I am the daughter of Robert Anderson. On 19th Nov, the prisoner came to our house and asked for Mr. Ratten, the blind gentleman—he was invited up to him, and as soon as he entered the room the old man asked him why Mr. Rickerby did not come—the prisoner said he was ill—the old man told him to bring his title deeds and all parchments relating to his property; I distinctly heard him say, "You bring them to-morrow"—he brought them on the following day—some time after that there was a letter sent which contained this promissory note—I took it out and read it to the old gentleman—he said, "It is all right, it is from a tenant of mine"—the prisoner came that morning, and said, "You have received a letter from me?" and the old man said, "Yes"—one evening the old man told the prisoner to tell his master to send his receipts; he would pay him for the stamps but not for his commission, and the prisoner bowed out of the room as any servant would do.
Prisoner. Q. Did you open the door to me? A. Yes; I asked you your name, and you said, "From Mr. Rickerby; I am the blind gentleman's agent's clerk"—you did not say you were from over the water.
MARY ANDERSON . I am the wife of Robert Anderson. The old man told me his agent had sent his deeds by his clerk, and asked me if he could have a drawer to put them in—he had a drawer, and they were there within a day or two of the time he left the house—he kept the key of it him self—no one came to see him except the prisoner, who came every day except Sunday.
Prisoner's Defence. I never represented myself as Mr. Rickerby's clerk; I represented myself as Mr. Rickerby; whatever Mr. Ratten represented me as, I do not know; I never made any false representation to any of them; I only went as a visitor.
ROBERT ANDERSON re-examined. I saw the prisoner deliver the deeds to Ratten out of a blue bag, they were in brown paper—Ratten showed them to me next morning—I saw "C. A. Ratten, Esq., Cherry Orchard, Dorking," written on one, and" C. A. Ratten, Leatherhead," on another.
GUILTY . Aged 21.— Confined Twelve Months.
Mr. RIBTON conducted the Prosecution.
ELIZABETH ROMER . I live at 165, St. George's-street, St. George's-in-the-East. On Saturday night, 12th Feb., at near 12 o'clock, the prisoner came to my shop, asked for a cigar, and took a 1d. one—he offered me half a crown in payment—I took my purse from my pocket, and was in the act of giving him change, when he snatched the purse from me, knocked down the shutters, and ran out—my brother, who had passed him while he stood in the shop, heard me call out, and ran out after him—I ran first, but ran back to take care of my shop—there was about 15s. in my purse—I have no doubt the prisoner is the man—I had seen him once before (it may have been the same evening)—I recognized him directly he came into the shop.
Prisoner. I never was in the shop.
THOMAS PALMER . The last witness is my sister; I live with her. On the evening of the 12th I saw my sister serving the prisoner in the shop—I have not the least doubt the prisoner is the man—I passed through the shop, while he was there, into the parlour, and as soon as I got into the parlour I heard my sister call "Thief!"—my sister left the shop and turned to the left, and I followed her, and saw the prisoner running—I pursued him through Bett-street and Cable-street, and did not lose sight of him—I came up to him when he was in the custody of Mr. James, about 300 yards off—I said, "Pray hold him, hold him"—I laid hold of his other side, and he took a knife and drew it across my nose (showing a wound), and slipped from me.
Prisoner. Q. Will you swear you saw me in the shop? A. Yes, distinctly—I saw my sister serving you as I passed you, and I heard the shutter fall as I got into the parlour.
SAMUEL JAMES . I live at Middle-grove-street, Commercial-road East, and keep the Mallard Arms. On the night of 12th Feb., as I was closing my shop door, I heard a shout of "Stop thief!"—I placed myself in the middle of the road, and the first person who came was the prisoner, who was calling, "Stop thief!"—I stopped him and said, "Hold hard, governor; it strikes me you are the man;" he said, "No, I am not; pray, let me go"—the last witness then came up, said, "Don't let him go," and caught him by the
collar—prisoner put his hand into his pocket, pulled out a knife, and cut the boy across the nose; he then made an attempt at me; I threw him down; he scrambled up again and ran, and I ran with him, till he was taken—as I was following him, I saw him throw something away, which I suppose was the knife—I did not stop—he was captured about ten yards further, and I went back to the spot with the policeman's lantern, and there saw a young man pick up the purse.
Prisoner. Q. Where is the knife? A. I do not know; you ran at least 150 yards after you cut the lad—I saw it in your hand.
GEORGE REEVES . I am a carman. On the night of 12th Feb. I was near the Mallard Arms public house—I saw the prisoner run away from Mr. James after the young man was cut—I ran after him for about 200 yards, came up to him, seized him, and knocked him down—I saw a knife in his hand; I am quite sure of that—he shut it up while he was on the ground, as soon as I knocked him down—there was a crowd about us, and the knife was taken out of his hand by some one, but I cannot say who—the policeman then came up, and took the prisoner into custody.
Prisoner. Q. Why did not you take the knife from me? A. Because there were some of your companions following you.
Prisoner's Defence. I was not at the shop at all; I heard cries of "Stop thief!" and I called, "Stop thief!" the gentleman then came out and knocked me down; he swears I had a knife; why did not he take it from me? and where is the 15s., out of the purse? nothing was found on me.
(The prisoner teas further charged with having been before convicted.)
JAMES BRETT (City-policeman). I produce a certificate (read— John Smith convicted here, of stealing a watch from the person; confined one year)—I was present at that trial—the prisoner is the same person.
GUILTY. Aged 25.— Transported for Ten Years.
(There was another indictment against the prisoner for cutting and wounding Thomas Palmer.)
410. GEORGE KIPLING and EDWARD SMITH , burglariously breaking and entering the dwelling house of Peter Bromley, and stealing 1 copper, and other articles; his goods: and feloniously cutting and wounding the said Peter Bromley.
Mr. COOPER conducted the Prosecution.
PETER BROMLEY . I live at No. 3. Great Ormond-street, Russell-square; it is my dwelling house, and in the parish of St. George the Martyr. On 4th Feb. I went to bed between 11 and 12 o'clock, leaving the house door on the latch—I sleep in the back parlour—when I had been in bed three or four hours, I heard some one going along the passage, and saw a light in the back yard—I then heard some one come in from the yard, and go down into the back kitchen—I saw the lights flaring on the yard wall through the back kitchen window, and I heard a slop-pail moved—I then got up, and went to the top of the kitchen stairs, and saw a light in the back kitchen—I called out to the lodger, who I thought was below, to know who was there, and no one
answered—I then stepped back about two feet from the top of the stairs; I thought I heard some one move, went to the head of the stairs again, looked over, and saw a man, who is the prisoner Kipling, standing at the bottom—there was a candle burning in the back kitchen; I could not see where it was, but from the light there I could see—I was about ten feet off Kipling; I am quite sure he is the person—I said, "Who are you?" or, "What do you want?" but he made no answer—I then stepped back again; I did not get so far as the parlour door, when they came up, and I caught Kipling in my arms—I did not see him at that moment, because I turned myself round, and caught Smith; and while I was struggling with Smith, Kipling returned, and struck me in the eye—Kipling then went to the front door, and I saw his face at that time; I am convinced he is the man—Kipling then went out, and the other one after him—I did not see his face, but he was about the size of Smith—my eye was cut down about an inch; it did not bleed very much—I think it was done with a brick—I bad left my wife in bed—I followed the prisoners to the door, and called, "Police!"
Cross-examined by Mr. RIBTON. Q. Did you fasten the door yourself this night? A. Yes; but my lodger came in afterwards, about half past 12 o'clock—he is not here—he was the last in—this happened about 5 o'clock in the morning—I first saw Kipling at the bottom of the stairs, between the front and back kitchen doors—I could see him without looking over the bannister, there is not above two feet with bannister at all—there are fourteen steps—the light was in the back kitchen—when I went down afterwards, the light was burning, stuck into he end of the dresser; I dare say I stood at the top of the stairs looking at Kipling, a minute; he was standing quite still—I did not see the other man—after I saw Kipling there, it was not more than a minute, or half a minute before the men came up—I had not been into the bedroom—when they came up I caught Kipling in my arms; he got away, and just as he got away the other one came up—there was no candle, but the passage is not so dark; they both got away eventually—from the time I got out of bed till they got away, was about four or five minutes—my wife came out before they got away, but how long before I cannot say; I did not lose any property.
SUSAN BROMLEY . I am the wife of last witness. I recollect the morning when the house was broken into; I saw both the prisoners, they had to pan my door to get into the street—I saw them both pass—I am positive Smith is one of them, but I could not see the other one's face—there is a light outside the door, directly opposite the fanlight—I saw Smith again on the following Thursday at the police office—I am sure he is the man.
Cross-examined. Q. When you came out were the men just going away.? A. They were scuffling on the top of the stairs with my husband, and they ran past me the moment I came out—I believe Kipling to be the other man, by his stature; I never saw Smith before; I was taken to the station by two constables to see him on the following Thursday—they came to our house, and said they wanted us to go to the station to see if we could identify two men they had taken; and we picked these two out of three—I am able to speak to Smith, by the glare of the lamp thrown on his face—the lamp is opposite the fanlight; the bedroom door is about two yards from the staircase.
GEORGE DAVIS (policeman, E 1). On the morning of the 5th, I was called from my beat in Great Ormond-street by Mr. Bromley, and went to No. 3—I went into the kitchen and found a copper, and other articles (produced) in a bag in the centre of the kitchen.
PETER BROMLEY re-examined. I went into the kitchen after Davis, and saw this sack there—it does not belong to me—the things in it are mine; the copper had been taken out of the brickwork in which it was set, and the boiler was before, under the dresser; these are worth about 3l.
JAMES COFFEE (policeman, E 31), In consequence of information, I went in search of the prisoners, and saw them on Thursday, the 10th, in a street in St. Giles's; an hour or two after I saw them, through the window, in a room—I went in, and told them I wanted them on suspicion of a burglary on the previous Saturday, at Ormond-street; Kipling said, "Very well"—I gave them into the custody of some constables who were with me, and Kipling said, "I will be if I go," and knocked the candle out—I searched him, and found 3s. or 4s. on him.
WILLIAM SMEE (policeman, E 310), I took Smith into custody—this pair of boots and shoes, and a cap (produced) I found at Mr. Bromley's house; they were left there on the night of the robbery—on the night previous to the robbery, I saw Smith with a cap on similar to this one—to the best of my belief these shoes are Smith's, he says they do not fit him, but he could make them fit if he liked.
Cross-examined. Q. You took the cap off the head of the man you were struggling with? A. Yes; off Smith's head.
WILLIAM SMEE re-examined by Mr. RIBTON. I and Coffee tried the shoes on Smith at the station house, but he would not let them go on, he would not put his heel down; he said they were not big enough for him—they were brought to the police office—he did not there in the presence of the Magistrate, and in my presence, ask to have them tried on—I saw him in George-street, St. Giles, on the night before—the robbery, with a similar cap on to this—I cannot say that this is the same one—that was not the first time I had seen him with a cap, and I have not seen him with one since; he had a different one on when taken into custody—(another cap similar to the we produced was here handed to the witness by Mr. RIBTON)—this is not the same cap—this one (the first) is the one found in the house.
Mr. COOPER. Q. In your opinion, if it had not been for Smith's resistance would the shoes have fitted him? A. Yes
JAMES COFFEE re-examined. I was at the police court—I spoke about the shoes to the Magistrate, and Smith was agreeable to have them tried on, but I found I had not brought them with me—Smee was not there at the time—I brought the shoes at the second examination, but they were not tried on, as the depositions had been taken.
KIPLING— GUILTY of stealing.
SMITH— GUILTY of stealing
(The prisoners were further charged with having been before convicted.)
CHARLES HART (policeman, E 99). I produce a certificate (read: William Brown , alias George Kipling, convicted here, Feb. 1849, having been before convicted; confined one year)—Kipling is the same person.
THOMAS EGERTON (policeman, E 51). I produce a certificate (read: Edward Lewis , alias John Brown, convicted here, Nov. 1849, having been before convicted; confined nine months—Smith is the person there described.
KIPLING—GUILTY. Aged 23.
SMITH—GUILTY. Ages 23.
Transported for Seven Years.
OLD COURT.—Friday, March 4th, 1853.
PRESENT—Mr. Justice MAULE; Mr. Ald. FINNIS; Mr. Ald. LAWRENCE; Mr. Ald. CUBITT; and Mr. COMMON SERGEANT.
Before Mr. Justice Maule and the First Jury.
411. THOMAS GOLDEN VAILE was indicted for, that he, on 30th Dec, 1852, feloniously did kill and slay a certain man known by the name of Doyle, otherwise called Maknolu , otherwise called Kawadaloilio.
MESSRS. BALLANTINE and PARRY conducted the Prosecution.
REV. WILLIAM ELLIS (sworn as interpreter). The book upon which the witnesses are about to be sworn is a translation of the New Testament, and part of the Psalms, into their language; the New Testament is entire, Gospels and Epistles; I presume that the witness now in the box (Johnny Bull) is quite able to read and write—he is a Christian.
COURT. Q. What language is this? A. The Polynesian—that language prevails over the whole of the islands of the Pacific—from the Friendly Islands in the west, to Easter Island in the east, and from New Zealand in the south, to the Sandwich Islands in the north, it is all one language; westward of that a different language prevails.
JOHNNY BULL (through the interpreter). My name is Oaka. I am a native of the Sandwich Islands—I remember the ship Pekin coming to Honolulu in the summer of last year—the prisoner was chief mate of the ship—I, with fourteen other natives of the Sandwich Islands, was engaged to work the ship to England—there were fifteen of us—among us was one who died on board the vessel as she was coming home—his name was Kaila; that was his foreign name—his native name was Kawadaloilio—the name by which he was known by the foreigners was Doyle, or Kaila—we left Honolulu on board the Pekin—there were fifteen natives on board, and eight foreigners—there were twenty-three persons altogether—I remember Doyle, or Kaila's death—it was four months after we went on board—I remember something happening to him the day before he died—on the day before his dying, I saw the mate (the prisoner) strike him in the face or eye—I remember the mate ordering Doyle to go up the rigging—at that time Doyle had a disease in his feet, which caused him great pain—when he was ordered to go up the rigging, he went up—the first thing I noticed was the officer (the prisoner) calling upon him to make haste; he said, "Go up quickly;" and the next thing I saw was the officer following him with a piece of wood—it was like what we call a handspike—according to my recollection, it was a piece of wood as long as my arm, and nearly as large as my arm; I saw the officer, with the piece of wood in his hand, follow Kaila, and strike him at the back of the neck three times, and then he fell down on the deck—I should think it was about four fathoms from the place where he was to the deck—he fell with his face to the deck—he did not catch or touch the ropes as he fell, but fell directly to the deck—after he fell, he had not power to rise or to move, but continued as if asleep or insensible—he remained there from noon until the evening—whilst he was lying on the deck, I saw the prisoner with a cord or rope strike him three times.
COURT. Q. Was that immediately after he fell? A. It was immediately after he fell from the rigging; the prisoner also descended, threw away the piece of wood, took up a piece of cord or rope, and struck him three times with it.
Mr. PARRY. Q. As he lay on the deck, was anything offered to him to eat or drink? A. Nothing as he lay on the deck, but after we had taken him forward (I was one that helped to take him forward) we offered him something to eat and something to drink, but he neither ate nor drank.
JURY. Q. When you say we, do you mean the natives? A. The officer gave as the food, but we took it to Doyle.
Mr. PARRY. Q. Was he carried below in the evening? A. He was; and we laid him in the cabin, and looked at his neck, and saw a dark place on his neck, and also on his back—the time when the prisoner struck him in the eye was before that time that he struck him with the wood; it was not the same day—Doyle continued till past midnight, and died just before daylight—while the mate was striking Doyle, the captain was in the stern; he could not see the striking; Mr. Gumming, the second mate, was aloft—all of us who were aloft could see the mate strike Doyle; the vessel bad three masts—I was aloft when the mate struck Doyle; I was on the right side, on the same side that Doyle fell—he had a shirt on—after the falling, and the striking with the rope, and while he was lying on the deck, the captain came to the place, and saw him lie—nothing was done for him by the captain or the mate, or any of the foreigners, from the time of his falling—the sun was directly over head when he was committed to the deep—before that he was wrapped and sewn up in a blanket; he was sewn up by Joe, one of the natives—from the time that he lay on the deck, neither the captain, the first officer, the second officer, or any of the foreigners, came to him, or did anything with him; we took him down, we examined his body, we wrapped him up and sewed him up in the blanket, and I myself put the shot at his feet, to make him sink.
Cross-examined by Mr. BODKIN. Q. Did not you just now state that the mate struck Doyle on the eye the day before he died? A. It was not on that day, it was on a previous day—if I said so, I did not understand—it was not on that day—at the time this happened it was a day of wind but not a tempestuous day—the wind was so strong, the sails being all out, that the captain was afraid it would break the mast, and ordered us up to make the sails less—we had all gone up aloft but Doyle; he remained below, in consequence of the pain in his feet.
Q. Did the prisoner carry the hand-spike up in one hand or both? A. He took the wood up in one hand, and when he got up he stood with his feet on the rigging, and took both hands to hold the stick, and struck Doyle with the stick in both hands, three times—when he came down he threw away the piece of wood down on the deck—the rope that he then took up and beat Doyle with was a piece of rope belonging to the rigging that we had been making on a former day, and It was near one of the pins by the side of the ship—it was a common piece of rigging—it was not so big as my arm—it was the ordinary size of rope for rigging.
Q. Did not the captain or one of the officers order you and the other natives to carry the man down below, directly they saw him lying on the deck? A. At the time of his falling down, the captain, the first officer, the second officer, did not say anything to us, but told us to go on with the work of the ship—he was left there till the evening, and in the evening they told us to take him away—we had never objected to Doyle's being down in the cabin with us—the time before, when the prisoner struck him in the eye, and his eye was bad, the company of chiefs (the officers) in the ship took him aft, and took him away from us—we could not say why they did so; perhaps because
they were angry with us—we do not know the foundation of evil—we did not refuse to let him come into our company—at the time of the striking I was towards the outside of the rigging, on the higher side, the windward side (a sketch of a ship was here shown to the witness, upon which he pointed out the position of the prisoner and deceased and himself)—I was at the extreme point—Doyle was here, and the officer was down at the bottom; and on account of my being at the extreme point I could see very clearly—we were all of us up on the yard, on the sail, the wind was flapping the sail about and we were holding on, but I was at the end and saw distinctly—I do not know whether some of the men had come down before the beating was over or not, but I did not see any.
JURY. Q. What was the general treatment of the crew, with the exception of this case? A. For one week after we left Honolulu, until after the first sabbath of our sailing, they behaved kindly to us, they behaved well to us; but after that they behaved differently; and on several occasions the captain was very angry, the first officer was very angry, the second officer was very angry, the third officer was very angry, and they were frequently very angry with us, and we were in fear.
TOM (through the interpreter). My name is Ka-a-vee—on board the ship they called me Tom—I am a native of the Sandwich Islands. I went on board the ship Pekin—I recollect the death of Doyle—I saw the striking of his eye—afterwards I saw the striking—we were all ordered aloft; the greater part had gone aloft—I was near Doyle, and was going aloft, I had not got up; I was on the rigging, going up, and the officer (pointing to the prisoner) called to Doyle, and said, "Go up quick, quick! quick, quick!" but Doyle could not go up quickly, in consequence of the pain of his feet—I do not know correctly how high Doyle had got up before anything occurred, perhaps it was about four fathoms—I do not think it was quite so high as this room—I then saw the officer hit him with a wood—he took the piece of wood from the deck, and struck him on the back of the neck—I saw him strike him four times, he then fell down on the deck—he fell with his face downwards—while he was lying on the deck, I saw the prisoner strike him with a rope on the back—at this time the sun was climbing towards the centre, but was not quite over our heads—Doyle had his general ordinary health, common health—we had all been working that day, and Doyle with us—the mate knew that Doyle's feet were bad—after he was struck with the rope he was left on the deck for a long time—he did not speak at all after he fell—the captain and the officers looked at him as they went about; they did not examine his person, they did not look scrutinously, they did not handle him—he died at very nearly the opening of the day—before he died we saw marks on his back, when we took him down; we also saw a mark on the neck—that was where I had seen him struck; it was a reddish mark, as if from a blow—it was not a very large place that was black, but a larger place that was red, it was on the back of his neck; it was not very long, it was wider than long—Joe sewed him up before he was thrown into the sea; the captain and mate did not examine him before he was thrown into the sea; it was in the middle of the day that he was thrown over; the sun was just above us, and it was very near to having our dinner.
Cross-examined by Mr. BODKIN. Q. Whereabouts in the rigging were you when you saw the first blow struck? A. I was on the rigging above Doyle, not very far from him (pointing out his position on the sketch); all the other men were up aloft, but I had no shoes, and could not go very fast, and therefore I was not up with them: I went up after the striking—I was aloft
when Doyle was struck with the rope on the deck—what he was struck with in the rigging was what we, the natives, call the wood; foreigners call it a handspike—the mate took the wood in his left hand, and took hold of the rope to go up with his right hand, till he got to Doyle, then he again said, "Make haste!" and struck him with the wood on the neck—when he struck the wood was in his right hand, but he held with his knees on to the ropes of the ship, and took both hands to the wood—I saw him myself thrust his knee through the rattlin of the rigging, to hold himself fast, and then take both bands to the wood—I taw him strike him four times, in the same manner, with both hands.
JURY. Q. What was the general treatment during the voyage, with the exception of this individual case? A. Within a week after we had got out to sea they called us niggers, and said we were brutes; and were very angry with us.
COURT. Q. In what language did they call you brutes?—how did they express themselves? Do you understand English? A. Very little I know, not much—they did not beat us, but we had very little food—we did not mess with them—we, the natives, had our food together, not with the foreigners—there was no disease on board but such as is common among us; some of us had boils on parts of our bodies, and Doyle had a very bad foot—we arrived in England in good health.
JOE (through the interpreter). My name is Kahamanooe; I was called Joe on board the Pekin. I went on board at Honolulu—a man named Doyle was one of my companions—I remember the mate ordering him to go up the rigging—I saw him following up after Doyle with the wood, and saying, "Be quick! be quick!"—Doyle had a sore foot—I saw the mate strike Doyle with the wood three times; Doyle then fell down with his face downwards—after he fell he appeared as if asleep—I think the height he fell from was about four fathoms; I do not know exactly—I did not see anything else done to him after he fell from the rigging; he laid there from noon till the evening—I was one who, when the work was done, helped to carry him forwards—I spoke to him, but he made no answer, nor any motion or sign—he had been in his ordinary health before that day, commonly well—I remember his having a black eye; I saw it done—the first officer did it—it was past midnight, but before day, when Doyle died—I sewed him up—before I sewed him up, I spoke to the captain about his death, and it was because the captain told us that we sewed him up—before sewing him up, I examined his body; there was a black place at the back of the neck, and a black place on the hack—the place at the back of the neck was the same place where he had been struck by the mate with the wood—the mark was the blackness from the striking—from the time that he fell on the deck till he was carried forward, neither the captain, the mate, or any of them did anything to assist him in any way; they looked at him as they passed by—at the time the mate was striking Doyle in the rigging, the captain was astern—he was not able, from where he was, to see the mate and Doyle in the rigging—Mr. Gumming, the second mate, was aloft.
Cross-examined by Mr. BODKIN. Q. Do you remember being examined before the Lord Mayor? A. Yes (looking at his deposition); I put this mark to this paper—what I then said was true (read:—"This deponent, Joe (through an interpreter) on his oath, says, I am a native of the Sandwich Island, Honolulu. I knew Doyle; I think his name was Makaolu—I recollect his dying in the ship—I had not seen anybody do anything to him before he died, only one beat him; it was the mate, about 12 o'clock—I was in the main top.
Doyle was down on deck—the mate beat him with a stick, or wood, or rope, or something or other, across the back of the neck—he beat him one time, and he fell; then he was going to get up, and could not—he fell down, and was like sleep; he lay down, that is all—I did not hear him speak—no one else beat him—he was taken forward—he had nothing to eat after that—I speak to him; he cannot speak—I help carry him forward, and he could not open his eyes clearly (the witness turns up his eyes, and catches his breath)—the mate was the prisoner—he, Doyle, was not sick before—he was black on the neck and one eye when I sewed him up; he was also black on the back and other parts—I saw the mate strike him, and he fell down, and then the mate struck him two or three times, and he could pot get up again, and I think that he died from that—I was in the main top—Doyle was called to go up, but he had had a large foot and could not, and that was the cause of the mate striking him—he struck him on the ribs, as well as the neck—the mate struck him on the eye with his hand, and made that bad; the mate then went down and got a wood, and struck him with that—I told the captain in the morning the man was dead, and he told me to sew him up—we all went to tell the captain—Doyle had done his work in the morning with us; he did not then seem ill or in pain—I did not see the captain or second mate there when the prisoner beat him—the captain was astern at that time—Mr. Gumming was aloft with us.
Cross-examined. I saw the mate strike Doyle—I was above by the sail; I was on the windward side—the prisoner struck Doyle in the rigging three times, I saw, with a rope—Doyle fell from the rigging on to the deck—the prisoner beat Doyle on the deck once with the wood—Doyle was standing up, but fell down from the blow; he fell down, I think, from the blow—when the mate beat Doyle with the wood, I was above—the mate was holding the wood in his hand—I did not see where he took it from—it was at another time that the mate struck Doyle in the eye—after Doyle was beaten with the wood, the mate said, 'Take him forward'—the mate did not tell us to take him below till it was dark; when it was black dark he said to us, 'Take him below'—we did not refuse to take him below before that time; we were willing to do so—we pumped the ship before he was taken below, and when that was done, and it was dark, the mate said, 'Take him below'—we did not pump again. ")
Q. Did you see the prisoner strike Doyle with anything when he was on the deck? A. Do you mean the striking with the rope? yes, I did; when I was in the rigging he struck with the wood.
Q. How was it that you came to say, when you were examined before, that he was struck in the rigging three times with a rope? A. I then made a general statement of what I thought was the thing—I do not exactly recollect whether I said the rope then—nobody has since told me that it was a stick, and not a rope, that he was struck with in the rigging—I saw the striking with the wood.
Mr. BALLANTINE. Q. Who interpreted for you, when you were before the Lord Mayor? A. We, ourselves.
Mr. BODKIN to REV. W. ELLIS. Q. Did you read over these deposition to the witnesses afterwards, and explain them to them? A. I read over some depositions, I suppose it was these—they were handed to them to sign.
COURT. Q. Were you present at the examination? A. Not at the first, when the statement now read was taken—I should not think the men knew enough of English to be competent interpreters.
Mr. BALLANTINE. Q. With these persons, is the mode in which a question is put a very important matter? A. it is exceedingly important; so
much so, that I have felt considerable difficulty in limiting myself to the peculiar idiom in which the questions are put—I could have obtained the information much more easily by altering the question, and adapting it more to their form of expression.
ARCHIBALD BARCLAY, ESQ . I am secretary to the Hudson's Bay Company. I heard that fifteen natives of the Sandwich Islands had embarked on board the Pekin and finding that only fourteen applied for their wages, I made inquiries, the result of which has been the present one—previous to that time I had received from the mate or captain no information of the death of this man—in consequence of an application to the Hudson's Bay Company to remit the wages of these men, I called on the agent of the owners on 31st Jan.
COURT. Q. When did the vessel arrive at Newcastle? A. About 10th Jan.—there was every opportunity for a communication to be made to me by the people of the ship about the death of the man because I was in communication with the agent of the owners here to make arrangements, and no explanation was given of there being only fourteen men instead of fifteen—I then went to the Sailor's Home, and inquired into the business, and found on examining some of them that one was missing, and I represented the matter to the Governor of the Company, who ordered an investigation to take place.
Witnesses for the Defence.
GEORGE WHITBY . I was master of the ship Pekin. At the latter end of the year 1850, she was chartered by the agents of the Hudson's Bay Company upon a voyage to the Columbia River—we arrived at Columbia River in June, 1851, and there discharged our cargo—after we arrived there, sixteen of the crew deserted, I think the second day after our arrival there—I was detained there thirteen months—I was only able to engage three seamen to assist me in navigating the ship to the Sandwich Islands—I arrived at Honolulu about 23rd or 24th Aug., 1852—I stayed there ten or eleven days, and finding I could get no English seamen to navigate the vessel, I engaged fifteen natives with the sanction of the Governor—I left Honolulu on 2nd Sept.—I had a list of their names furnished to me, but I never could get them to answer to their names—I think only three out of the fifteen had been to sea—besides the natives, my crew consisted of Mr. Vaile my chief officer; Mr. Gumming, my second officer; Loftus, my third officer; two apprentices and the steward; making seven with myself—I gave the natives English names—the deceased was called Doyle—(he natives were extremely lazy and dirty, and they refused to let the man Doyle down below for many weeks, I think for as long as five weeks, during which time I had the man aft, always under my own eye, to see that he got his allowance of food and that he ate it himself, that the others did not rob him of it—I observed nothing particular about the man as to his state of health, only that he was rather slow—on two previous occasions he complained of headache, and I gave him a little simple medicine—he had not been to sea before—I remember some time before he died his being missed on the watch being called over, which was about 8 o'clock in the evening—we hunted for him high and low about the vessel until about half past 9 o'clock I think, when we found him stowed between the spars in the after part of the vessel, with a great quantity of biscuit stowed away in his shirt, which he had taken off his body—I cannot tell for what purpose he was there, but his own comrades the natives brought him up from there, and then he either pretended to be or was in a state of insensibility; however, I found the hartshorn bottle quickly relieved him, he came to his senses, and remained on the main hatch rolled up in his blanket the whole of the night,
and in the morning he got up and ate his breakfast the same as the others did—he was extremely indolent, and most filthy—I believe it was through that in the first instance that the other men would not associate with him—he would never even take down his trowsers—on 30th Dec, 1852, we were a little distance from the Western Islands—I cannot say the exact latitude—my logbook is here (referring to it)—on 30th Dec. we were about 44° 38' north, and 26° west—about noon that day there was an increasing gale, so much so that I had recourse to take in our close reefed main top sail, under which sail alone the ship then was—for that purpose all hands were ordered aloft—both myself and the chief officer were below—it is not usual for either the chief officer or the commander to go aloft—I was on deck, on the poop—I was then taking noon observations, it must have been only a few minutes before noon—I saw Doyle going up the rigging very slowly, and I called Mr. Vaile's attention to him—he was on the port side or left side of the rigging, what is called the shrouds—the other men were all aloft—when I called Mr. Vaile's attention to him he first told him to be quick, and on his remaining standing in the rigging, not moving at all, Mr. Vaile went up the rigging and made him fast with a small piece of broken lead line, which was a piece of condemned lead line—he took and made him fast round the body to one of the shrouds—at this time the wind was blowing very much, and there was a very heavy sea—after Mr. Vaile had passed the line round him he came down on deck—I told him it was of no use punishing the man, that he had better let him come down; and he went up and let him come down accordingly—he walked down the rigging, I swear to that—I was observing Mr. Vaile while he was up in the rigging—I saw the whole of it—no blow whatever was struck by Mr. Vaile or by any person else—Doyle came down the rigging himself—when he came down I believe Mr. Vaile would have struck him had he not been stopped, but Mr. Gumming was down on deck at the time, and he said, Oh, Vaile, it is no use to strike him" and I immediately said the same thing, and Mr. Vaile never struck him at all—when he went up into the rigging, he had nothing whatever in his hand but this small piece of condemned lead line—he had no handspike or anything of the sort—when he was going to strike him it was with the piece of lead line that he had untied, and brought down out of the rigging—the line was about three quarters of an inch in girth I suppose, a small line by which we heave a hand lead, it is made in three strands—after I had interfered, and prevented Vaile from striking Doyle, Doyle stood by the gangway for some short time, and after that he seated himself down on deck—I dare say he was standing by the gangway two or three minutes—he then squatted himself down on deck in the gangway—I did not give any directions then as to what was to be done with him—afterwards Mr. Vaile himself ordered him to be taken forward—that was when he had lain down—it was their custom very often to lie down on deck immediately they had knocked off work—the men were sent to their dinner after this reefing was done—Mr. Vaile ordered some of the men to take Doyle below—he was not taken below—they took him forward, and put him underneath the top-gallant forecastle, and there left him—at 7 o'clock in the evening I heard that he was still lying underneath the top-gallant forecastle—that is a place which is extremely wet in bad weather; it was very wet at that time—I did nothing with him—he was lying there to all appearance asleep, he had his blankets round him—he was taken down after that by Mr. Vaile's directions—on the morning of the 31st I received information of his death—the body was brought on deck about noon of that day—I examined the body, and so did Mr. Vaile—I observed no marks of violence upon it
whatever—I examined it carefully—I cannot account for his death in any other way than natural causes—that was the conclusion to which I came from the examination of the body, and from what I knew of his previous state of health—Mr. Vaile has been with me since Aug., 1849, I have never known a kinder officer in my time at sea, which has been twenty-two years—supposing the deceased to have fallen from the rigging, where he was, he must have fallen overboard—he could not possibly have fallen inboard for this reason, that the rigging would serve as a network; and he being in the left band side of the rigging, it was quite impossible for Mr. Vaile to strike him at all.
COURT. Q. Just explain, was he on the windward side? A. He was on the weather side, the windward side, that is the port side; the wind was if anything on the port quarter, and the yards were nearly square; if he had fallen be must have fallen overboard—the ship was perfectly upright, the wind was very nearly aft; it would not cause any inclination, the yards had no cant whatever—they were square; we were what we call scudding—there was a very heavy sea at the time—the motion was forward, up and down—the impetus given by the wind would be in the line of the ship's wake—he could not have fallen through the rigging on the deck, it would form a perfect net—he was on the mainmast, on the side of the rigging next the sea; if he had fallen he must have fallen into the sea, the shrouds would have thrown him that way; they were sloping that way; he was not more than one-third of the way up the main rigging; he could not possibly have fallen clear of the shrouds, the rattlin of the rigging forming a perfect net work would have stopped him—that network is generally about twelve or fourteen inches wide.
Q. Then if the ship were rocking somewhat fore and aft, whichever way it happened to be rocking at the moment the man lost his hold, he would be thrown backwards or forwards in the direction of the rocking? A. The width of the rigging would prevent that.
Q. What, twelve inches? A. That is merely one section of the rattlin; the rigging has a spread of many feet; I should think it might be twelve feet in width fore and aft, and there was a space of twelve feet through which he could not fall; he must have been projected six feet forward or backward in order to fall, and there was not rock enough of the ship for that.
Mr. DEARSLEY. Q. Whether that were so or no, are you quite positive that you were observing him, and that he did not fall, and that no blow was struck? A. I am perfectly positive of it.
Cross-examined by Mr. BALLANTINE. Q. How high was he up when your mate, Vaile, fastened him? A. I should judge about one-third the distance up the main rigging; I should think that would not be more than eighteen feet at the utmost—I knew that he had a club foot; I knew that he had a small crack in his foot, which is very common with all seamen; that would not be a subject of any pain whatever; it is caused by sea water; it is not a thing to be of any inconvenience at all: I noticed the fact of his having it, because the men had stated that his feet were sore some days previous, and I had seen what it was, and told him what to do for it; we generally apply a small piece of worsted; I have oftentimes had them myself, and I never got off my duty through having them—during the time I had them I had to mount the rigging—I do not think the crack in the foot was a matter to cause pain.
COURT. Q. You say you use worsted; do you mean worsted thread? A. Yes; it is a small crack caused by the sea water; it comes just under the big toe, and if you pass a piece of worsted round it it is not of the least inconvenience—you tie it right in the crack.
Mr. BALLANTINE Q. At all events he had complained of a score foot previously? A. He had; in addition to that he had a club foot—his feet Were thick, both were the same; they were not deformed, they were very short and thick—he walked in a very strange manner at all times—we had a heavy sea and a high wind at this time.
Q. I suppose it did not occur to you that tying one of the men to the mast would help the navigation of the vessel? A. It would help the discipline; it was necessary that some punishment should be adopted in order to prevent others; I thought that tying him up was a good thing, though I did not order him to be tied to the rigging, I ordered him to be liberated—he was there, I should think, from two to five minutes; he might have been then only a minute, I cannot say; I cannot tell the exact time, it was about that time.
Q. Turn to the log, if you please, and read me the account of this man's death? A. The account put down is merely this: "About 4 o'clock in the morning departed this life one of the Kanakas, Doyle"—there is nothing stated about his having been tied to the rigging—the chief mate keeps the log; he called my attention to that entry, so far as this, I overhauled the log after the chief mate had written it—every week I generally look over the log.
Q. Here was a man who to all appearance was perfectly well somewhere about 12 o'clock in the day, and who died a very few hours afterwards; did you make any inquiries as to what could have caused his death? A. I made inquiries of one or two—I found he bad not received his food for one or two previous days, that Bull had had part of it, and a man of the name of Jem had had another part—it was from one of the other Kanakas that I heard that Bull had had his food—I think that was one reason why he was weaker than he would have been—it was not necessary to enter that in the log; he was not starved to death—we never do put such things in the log, I have never seen it in my experience—I should not have entered in the log if he had been struck—he was not struck, therefore there was no necessity to enter it—if he had been struck, and I thought it had murdered the man, I should most undoubtedly have entered it, but not otherwise—there is not sufficient reason to enter every time a man is touched on board a ship—except from his food being eaten, I have no other mode of accounting for his death, unless it be from natural causes which were unknown to me, I not being a surgeon—I examined his neck—I will swear that there was nothing but folds of dirt on the back of his neck, there was he mark that I saw but the mark of dirt; there were two or three layers of it, two or three folds; there was no appearance whatever of redness.
Q. What made you examine the back of his neck? A. I examined him all over round about the head and face; his mouth was swelled, that was the only part I found—Mr. Vaile also examined him before we had him sewn up—we felt his body, I did not examine his body—I examined the back of his neck because I could see it—I stayed there while the roan was being sewn up—his mouth was the only part that was swollen.
COURT. Q. Did that appear to be from a blow? A. No; his lips appeared swollen.
Mr. BALLANTINE. Q. Have you been in the habit of swearing at him at all? A. Well, that I really cannot answer, because I might tell a falsehood by saying so—I do not remember having done so—I did at times swear at the men—I never called him a d—d nigger or a nigger—I will swear that—I never heard him called a nigger by any one—I never heard the other men
called niggers—I have heard them called brutes, but not d—d brutes—there is no memorandum in the log, of the deceased being found between the spars with his shirt full of biscuit two or three weeks before his death; we do not enter such things in the log—there is no memorandum in the log, of any illness of his to my knowledge, there may be (referring to the log)—there is not in this at all events; it would be in the other book if there was any—I have stated that it would be impossible for Mr. Vaile to have struck him; tying him is quite a different thing, a man might tie him though he could not strike him; he could not hold on with his feet and knees in the main rigging—he could hold on sufficiently to tie him, but not to strike him—he had the use of both his hands to tie him; he could pass his bands right round the shrouds, which he did—I cannot say the exact length of the line he used, it might be a fathom—I heard Doyle say nothing, but when he was down on deck he asked one of the natives for some water in his own language—I think the mate told him to be quick up the rigging—that was all I heard him say—and then he went and tied him—I was standing on the poop—the other men were aloft—Tom was aloft, and Johnny Bull also, on the same mast they had gone up before—these men had never made any complaints, they seemed perfectly satisfied—they never made any complaints to me, or of me to my knowledge—when we were at the Sandwich Islands, and were short of the crew, a guarantee was given by the agent of the Hudson's Bay Company there.
Q. When you got to London did you make any communication of the death of one of these men? A. I spoke of it in the office; I spoke of it also at Newcastle—I did not make any communication to the Company—it was in Messrs. T. and W. Smith's offices that I spoke of it—I did not tell the owners, because they were not there—I stated in the office that one of the natives had died—Mr. Southern was there at the time.
COURT. Q. Was that in the office of the Hadson's Bay Company? A. No; the office of the owners.
Mr. BALLANTINE. Q. Did you make any communication to Messrs. Smith or the Company of the fact? A. No.
Mr. BODKIN. Q. You mentioned the name of some person who was there. A. Mr. Southern, he was in the room it the time I made the statement—I did not make any particular statement, I spoke of it, that one of the men out of the fifteen had died coming home—I had nothing-whatever to do with the Hudson's Bay Company, after delivering my cargo at Columbia River—when I returned, the log and papers were given up in the ordinary way to the owners at Newcastle.
COURT. Q. Your charter by the Hudson's Bay Company finished at Columbia River? A. Yes; I then came to England on account of my owners—I went and cut a cargo of spars and wood as a cargo—the burden of the ship was 562 tons; her complement was thirty-two hands, we were very short—I went down the Columbia River at the risk of my life, with three men and an apprentice; some of the men ran away and went to California; some remained there in the river working for American people, they got better wages than with me, they got something near 20l. a month; I wish I could have ran away myself.
Mr. BODKIN. Q. You have been asked about these men making any complaint; did either of them during the rest of the voyage make any complaint or representation to you of any violence done to this man Doyle? A. None of them ever made a complaint to me of anything of the sort.
—the crew deserted, as a matter of course—when we got to the Sandwich Islands the captain made an arrangement to get some natives, and fifteen natives came on board, among whom was one who went by the name of Doyle; he was about as brutally used as a man could be, by the rest of the men—he was kicked, rope's-ended, and turned out of the forecastle in 61 1/2 latitude, at as cold a place as there is in that latitude—he slept in a small locker on deck, which was used for boatswain's stores—I know no more reason for this than that the men seemed to have a dislike to him and his dirty habits; the particular dislike arose from that—they were not quartered pretty close to one another about the forecastle—there was no degree of dirt or nuisance but what he would be guilty of—Mr. Vaile was obliged to let him sleep in the locker—he told the other men to let him in several times, but they would not, and then the poor man had no other place than the open deck, so of course Mr. Vaile let him have this place as a shelter—I remember some time before Doyle's death his being missed in the ship, I cannot swear to the time, it may be five or six weeks before his death, he was found on the port side between decks, stowed among the spars, which we were bringing home as part cargo and part ballast—I was not one of the persons that found him—I saw him after he had been brought on deck; he was in a complete state of nature—the captain administered restoratives to him in the shape of hartshorn—he was rolled in blankets and laid on the main batch, but whether he really was insensible, or whether it was skulking, I cannot pretend to say, nor yet the exact time at which he appeared to come to—he was well next day—no provisions were found in this place at that exact time; I believe some days afterwards the captain was down looking round the ship, and in among the spars where Doyle was found, was a shirt which I had given him some months before; and in that shirt was wrapped a large quantity of bread, which he evidently must have stolen—I remember the day before Doyle died; it was blowing a pretty smart gale of wind, it was necessary to take in as much sail as we possibly could—all hands were called to shorten sail—I heard that order given; I was in my cabin at the time, and went out on deck to take my station, which was in the front of the yard, on the main topsail yard, on the weather-quarter—I went up there—I went up after all the others, as I always did—Joe went up before me—I cannot say where Doyle was when I went up, he must have been skulking somewhere; I had not seen him among the other men, or I should also have seen him aloft before I had gone—I did not see him after I had got up aloft, I could not see him from aloft, that is too dangerous a game to be trying, to look down on deck at that which is underneath you, my life is of more value; I saw all the men, Joe, Tom, and Johnny Bull, up on the yards, but their exact situations on the yards I do not know; I cannot say whether they were close to me or not; I should not think they were on the same yard, because Joe was invariably down to leeward with the eldest apprentice, Waite, that was his station by rights, he received orders to go there; we were all at work on one sail, the main topsail, we were all on the same yard, it was blowing a gale of wind, it could not blow much harder unless it was a hurricane—it is generally pretty difficult to hold on, unless you keep your eyes about you—the yard I was on is attached to the main topmast—the men engaged in reefing a sail are looking forward, except the two at the earing—one of them looks one way, and one the other, both amidships—the men were on the same yard with me, and I could not see where Doyle was—I could not see the main rigging, the maintop interfered and intercepted my view—the sail was also flapping about—I remained up until the main topsail"
was reefed—I then came down, and the other men also, we were all coming down at the same time—as I came down I passed Doyle in the rigging, he was then walking down slowly, I was getting down as quick as I could out of the cold, he was walking slowly down; I saw him step over the gangway, which is about the height of four feet, and step down on deck, and stand there about a minute or two—I saw Mr. Vaile about to strike him with a piece of condemned lead line; I said to him, "What is the good of striking him, he is no use at any time, you may as well let him be;" and he did not strike him—I then went away, and when I came back next, Doyle was lying on the main deck very comfortably stretched out—that may have been about ten minutes afterwards; I did not hear the order given to remove him; I missed him off the deck about 1 o'clock; it was my watch on the deck from 12 to 6 o'clock; I had to attend to the steering of the ship, in fact I had to do it myself, because none of the Kanaka's could do it in a gale; therefore the order being given by Vaile, on the deck, I could not hear it at the helm; but at 1 o'clock I was just at the break of the poop, and missed him from there—it is not true that he remained there for six or seven hours after I first saw him—I found out afterwards that he was taken forward under the top gallant forecastle—that is a wet place, especially in bad weather; I was only told of his being there, I did not see him there myself—I next saw him when he was dead, that was about 11 o'clock next day; I saw his body then—I did not observe any marks whatever of blows about him; I noticed the back of his neck and shoulders while they were sewing him up; I did not help to sew him up. Heaven forbid—I saw no mark, or anything but the natural dirt of him; it is the nature of them to be dirty; they are an unnatural set; they are always in a dirty state, and in a very uncomfortable state too, I am certain.
COURT. Q. In their own country, do they wear clothes such as Europeans do. A. Yes; some of them, some do not; those that can afford them do, and glory in the idea of it—those that cannot afford them are obliged to be content with such things as Nature provides them with.
Mr. BODKIN. Q. Do you know of any article of dress having been given to the deceased? A. Yes; I know that a great many had been given to him, some by the captain, some by myself, some by the steward, and some by Mr. Vaile—when he came on board he bad a pair of trowsers and a shirt, and with that he left to go a four months' voyage; that was the only rag he had belonging to him—I have been acquainted with Mr. Vaile since the Aug. of 1849—as an officer those above him can give him the highest character; for my own part I shall be glad to imitate his mode of proceeding as a superior officer; as a man he is one of the kindest-hearted men that ever lived, a better cannot live.
Cross-examined by Mr. BALLANTINE. Q. What countryman are you? A. I was born in the City and Liberties of Westminster, in the county of Middlesex, Sir—I did not call these fellows niggers; they are not so good as niggers, because a nigger is a clean and a willing man, whereas these men are dirty and lazy—these are not so good as those niggers that I have been accustomed to—Doyle got brutally ill used by his countrymen and rope's ended—I frequently interfered with them—I took hold of a man named George, and shook him pretty heavily one day for it, because Doyle was a much less man than him.
Q. When this man was dead, if he had been so brutally ill used, kicked, and beaten, did it not occur to you that it would be worth while to examine his body to see if there were any marks? A. No, it did not; I am no
coroner—I had no idea of such a thing—I should come to a conclusion without looking to see if there were any marks—the conclusion that I did come to was that he perhaps had died from those causes—I came to no conclusion—it was not ray place to examine him, I cannot say whose place it was—nobody examined his body that I saw, there was no special examination—I cannot pretend to say whether the captain knew that he had been brutally ill used—I did not tell him—I reported when they stole the food from him I did not report their brutally ill treating him, I dare say I might have mentioned it, but if is a thing I have quite forgotten—I do not know whether there is any such thing in the log; I neither wrote the log or looked at it—it was ten minutes after he had gone down from the shrouds by himself that I found him lying comfortably on the deck—I do not know whether I am bound in duty to answer whether I put my toe to him and turned him round to see who he was, but I did not—he was lying very comfortably, full length, I do not say he was stretched straight out—he was not lying on his face, apparently on his side—I could see his face, his lips were not swollen—I am on my oath—they were not swollen—I did not stoop down to him—I looked at him; I wondered what business he had to lie there—I did not ask him, because I had done with him; I did not trouble myself at all about him; he was no use when he was up—I cannot say whether it was necessary to take in the sails any more that day; I really have forgotten; we take in sail and make sail so frequently, perhaps three or four times in four hours—it was not necessary to take in sail again within ten or twelve minutes that I recollect.
COURT. Q. What is taking in sail? A. Shortening sail, reducing the quantity—we went up in this gale of wind to do that—we did it—you have to reduce or increase sail, according as the gale increases or not—it was very nearly as high a wind as could blow—we had very little sail.
Mr. BALLANTINE. Q. You say you saw Vaile about to strike Doyle; just show us what he was doing? A. If you have got a small piece of lead line I can show you in a minute—he was just going to hit him so (waving his hand)—I cannot pretend to say whether I was up in the rigging again that day, I might have been up in the rigging half a dozen times that day.
Mr. BODKIN to GEORGE WHITBY. Q. You have told us that you ordered all hands aloft for the purpose of reefing the main topsail? A. Yes; we could not have done it again that day, considering it was the last and closest reef that we took in; but there were other sails loose besides that.
COURT. Q. Do you remember whether you took in any more sail? A. We did not take in any more—the mainsail was already taken in, but it was furled afterwards; it was hauled up at the time of the main topsail being reefed, but it was not furled; it was all had snugly up by the buntings, lashings, and so on, close to the yard, ready for furling—the main topsail was then put into the same state, that is, close reefed, so that it could not be reefed any closer, unless it were clewed up and furled also; therefore, after that sail was close reefed, the mainsail alone was left—in the heaviest gale the vessel generally reduces all but her close reefed main topsail; that is merely to counterbalance the effect of a heavy sea on the ship; it enables her to obey the rudder.
THOMAS WAITE . I was one of the apprentices on board the Pekin. I remember coming from the Sandwich Islands—I knew the deceased—the other foreigners would not allow him to sleep below in the forecastle with them, and they took his food from him; I have often seen them hit him with ropes and with their fists and hands—I remember being at the Western Islands when there was a gale of wind, and all hands were called for the purpose of taking in sails—I went aloft—I did not see Doyle; I went up before
him—I passed him in the rigging; he was then coming down—I was a little below him—he was coming down slower than I was—when I got on deck I had duties to perform, and I saw him come down and step over the gangway—he walked down on deck himself—I saw him standing in the gangway—I was there perhaps four minutes, and then went away, and saw no more of him—after I went away I heard the prisoner tell the natives to take Doyle below, and they took him under the forecastle; that was perhaps twenty minutes or half an hour after I came down from the rigging—I did not go to the forecastle at that time; I went at 7 o'clock in the evening, and he was then in a very wet state, and I told the prisoner that he was lying in the forecastle, under the topgallant, and they had not taken him below as he had ordered—the men were pumping the ship out at that time, but the prisoner would not let them go on till they had taken him down, and then they took him down—I saw his dead body next day for two or three minutes—I noticed no marks of violence, but I did not look for that particular purpose—if there had been marks on the neck or back I should have seen them—I have known the prisoner since 1850; he is the kindest officer I was ever with.
Cross-examined. Q. Were prayers read over the deceased? A. Yes, by Captain Whitby, who read the whole service when he was consigned to the deep—the men were not in the habit of calling the natives niggers or brutes; they never did so—we do not call that class of men niggers—I dare say I have called them brutes—I have considered it necessary to start them, and have bit them with a small piece of line—they would be started as often as they required it, every time they were wanted.
Q. So then a piece of line was the mode adopted to request them to go to their work? A. Not at first, till we found they would not go without—I did not find it necessary to start them for the first week—we had a moderately quick passage; it was not one of the best ever known, it was not extraordinarily quick—I did not see the man tied in the rigging—I never saw any man tied in the rigging, that I recollect—I have been at sea three years and a half—we took these men on board at the Sandwich Islands; we were then going into a warmer climate—it was warmer during this week than it was at the Sandwich Islands—this is my name to these depositions (these being read, stated, "I saw the deceased lashed in the rigging; I did not see who lashed him in it; it was in the forenoon; we were all coming down from aloft, and I passed him coming down")—that is what I said before the Lord Mayor, it is true—he was just untying himself when I got down, when I passed him coming down.
Q. Which is true; what you have sworn to-day, or what you swore before the Lord Mayor, or are either of them true? A. I know that he came down directly after me; I have made a mistake about saying I saw him lashed there.
Q. Let me call your particular attention to what you did swear: you said, "He was well, to all appearance, prior to his death. I recollect the day before he died, the weather was very windy that day. I saw the deceased lashed in the rigging; I did not see who lashed him in; it was in the forenoon, we were all coming down from aloft, and I passed him coming down; he came down almost directly after us; I did not see him unloose himself, but I heard that he did;" now is that all a mistake? A. No, it is all the same as I have said just now, except that I said I saw him lashed there—he might have been tied there, for anything I know, when I passed him coming down—I do not know whether he was lashed at the moment—I am apprenticed to Mr. Thomas Smith—I do not know whether I am
going another voyage with the same captain; perhaps not, I do not know; I have made no inquiry.
Q. Do you expect to go another voyage, if the prisoner is acquitted? A. I do not know even what ship I shall go in—I am apprenticed to the owners; they have several ships, and send their men by what ships they please.
Mr. BODKIN. Q. Had you heard that anybody had unfastened themselves from the rigging? A. Yes; I heard that the deceased had unfastened himself from the shrouds—I did not as I came down take sufficient notice of him to see whether he was lashed to the rigging or not—I was down on deck about two minutes before he came down—I heard the prisoner give directions for him to be carried below—from the time of his giving those directions until the prisoner was carried to the forecastle, there was no going aloft to do anything to the sails, or anything of that kind that I remember, but I cannot remember exactly.
ALFRED JOHN LOFTUS . I was one of the apprentices on board the Pekis, I acted as third mate—I was apprenticed to Smiths, the owners of the vessel, I am not now; I am out of my time—I remember the natives coming on board at the Sandwich Islands—I remember Doyle; too well—he could not have been treated worse than he was by the different men—they did not let him sleep in the same place with them, they bundled him up into a locker—on the day before his death there was a gale, and all hands were ordered aloft—it was about 11 o'clock in the day, I cannot tell exactly—when all hands were ordered up, I went up in the middle of them—I got up on the yard where the work was to be done, and after it was done I came down again—I did not see Doyle till I was perched on the main yard, because I had my face inwards—while I was in the rigging, I saw him about one-third of the way up; as I came down I passed by him, and he asked me for water—he was trying to untie the rigging, and Mr. Vaile went up, and was going to make him fast again, because Doyle was casting himself adrift; he had a knot behind his back, made by the two ends of the lead line, and was putting his hand to try to get it adrift—the line was fastened into the rigging; I had not seen who fastened him there—the captain said to Vaile, "No, let him come down, it is no use"—I did not see what he did, and did not see him come down—I was down a few minutes before him, and I did not bother about it—he was down a few minutes after me, and was standing by the gangway—I afterwards saw him reeling about the main hatchway—in the afternoon the chief officer, Mr. Vaile, gave orders to carry him down below to his bunk, but they did not do so; they carried him under the forecastle, and left him—I have known Mr. Vaile since 1849; he is a kind-dispositioned, humane man, I shall never come across another like him.
Cross-examined. Q. When you were coming down you saw Doyle with a knot behind him? A. Yes; the two ends of it had been just knotted behind his back, and he was trying to unloose it—the ship was nearly upright in the water, nearly square—I saw Mr. Vaile coming up when I was on the main yard—I did not see him mounting, but I saw him when he was close to Doyle, just at him—I did not see him get from the deck into the rigging—Doyle was about one third of the way up, about twelve feet; he was as high as the leaders, he could not have tumbled down.
Mr. BODKIN. Q. Did you see enough of the prisoner to see whether he had a handspike in his hand? A. He had nothing in his hand.
(The prisoner received an excellent character.)
NOT GUILTY .
NEW COURT.—Friday, March 4th, 1853.
PRESENT—Mr. RECORDER; Mr. Ald. FINNIS; and Mr. Ald. CUBITT.
Before Mr. Recorder, and the Fifth Jury.
MESSRS. RYLAND and LOCK conducted the Prosecution.
WILLIAM CORTON, SEN . I am a locksmith. I reside and carry on business at No. 10, Winchester-street, Old Broad-street—the prisoner is my son—he lost his mother on 20th Sept—previous to her death I had been in the habit of employing him, but I never could get him to work regularly; he would work nowhere—he did not commit any assault on me at the time she was lying ill—after the death of Mrs. Corton he worked for me at times, and I wished to keep him on, if I could—I was at my house in the morning of 4th Feb.—I recollect the prisoner coming; it was about 10 o'clock, as nigh as I can guess, or it might be later (he did not lodge in my house)—I asked him if he thought it was a proper hour to come to work, and if he could not come before that he had better go back again, I had nothing for him—I do not know what words he used—he sat himself down on a chair in the shop, and not being dressed in shop dress, it was not altogether proper—after some time he went down into the cellar, or workshop, and soon after I went into the back yard, and hearing a cry from my errand boy I went down in the workshop to them, and the boy told me that the prisoner had knocked him about, and had thrown his cap on the fire, or on a piece of hot iron—the prisoner was close to the fire, near to the lad—on the boy making this complaint, I told the prisoner to go out of the place, I would not have him there—he said, "What for?" and said he would not go for me at first, and I then put my hand on his shoulder to push him up—I got him up stairs, and he went into the other shop, in the front shop—I there told him to go; I had some trouble to get him to go—when I got him to the door he made a rush at me, and struck me on the right jaw with his fist; it was a pretty sharp blow, and it is swelled a little—after he struck me this blow he ran away, and turned the corner of the street, and finding me following him he ran back again and into the shop, as I understood, but I did not follow him down—when I got back he was gone down in the cellar—I sent for a policeman; he came to the house, and the prisoner was concealed in the cellar; I could not find him for some time—we found him in the front cellar, and I gave him in charge of the policeman fur striking me—I went to the station house in Moor-lane with him and the officer, and my eldest son—when we got to the station the prisoner denied the charge, and the constable discharged him, there being no corroborative evidence—I went back to my house, and the prisoner was there; he had got down stairs again—I had no conversation with him, he having gone down to work—I went out directly, leaving him in the house; I went to the Mansion House to take out a summons—I did not get a summons, they said there was a long case on—I went to the Mansion House three times, and after that I returned to my own house—I went into the shop; the prisoner was there, and my daughter, and my other son—the prisoner came in from the cellar, and he asked me if I was going to take out a warrant against him; I said, "Yes"—he began to abuse me, and I went to him to put him out; Salter, the boy, was at that time in the shop—the prisoner
struck me on the nose—I could not say what he struck me with, the blood was all streaming down; it was done with some sharp instrument—this blow on the nose was struck in the shop; I was trying to put him out, and I received various blows with this knife—I did not see the knife in his hand—I received the first blow on the nose; it has been strapped up—I received one blow on this right thumb—the leader is all dead now—I received one on the third finger of my left hand, one in the throat, and one just on the heart; they were all wounds, and all bled—I cannot say in what way they were given; I fenced them off, but how I received them I cannot tell—here is a scar on my breast, and one on my throat—I had a coat on, a waistcoat, a shirt, and a flannel waistcoat underneath—the instrument which made the wound on my breast, cut through all those clothes—here is the coat; it is cut through on the arm, on the breast, and on the neck too—after I had received these wounds, my eldest son called to me, and said, "Father, take the knife;" and I saw the knife held up by my eldest son, who had struggled with the prisoner and had taken the knife from him—I was bleeding very much; I became faint from loss of blood; I fainted in the doctor's shop—this is the knife; it seems a new one—I had never seen my son with it before—I had seen him with a knife, which I have got in my pocket, but not this knife—this is the knife which my son William had in his hand after I had been stabbed—at the time this took place, the prisoner was under recognizances to keep the peace towards me—I was taken to the hospital in a cab— I was there a fortnight at first, and then I had to go back again—I was attended by Dr. Coleman.
COURT. Q. You say you pushed your son on one or two occasions; did you use any violence? A. No; no more than was necessary to put him out—it would have been all looked over if he had come to work—I did not strike him; the striking was to keep his blows off, and to keep him off—I have chastised him, but during the time of this transaction I never struck him; I am sure of that—I used no violence; I did not box his ears, or slap his face, or anything; I used no violence at all—he is about twenty-two years of age—I had not sufficient room for him, and I wished him to sleep out; it was by my desire—I gave him so much money to sleep out—he worked for me for wages—I tried him various ways; I tried him by piecework at last, to see if he would do better that way—I allowed him 12s. a a week, and should have been very happy to give him 30s. a week, but he was no use to me only as a lad.
HENRY EVANS SALTER . I am eleven years old. I am errand-boy to Mr. Gorton—on the morning of Friday, 4th Feb., William Corton and I were down in the workshop; the prisoner came there about 10 o'clock—he slapped my head, and chucked my cap on a bit of hot iron—I cried out, and my master came down out of the back yard—I complained to him of what the prisoner had done to me, and he ordered him out—I then went up stairs—I saw the prisoner again about half past 11 o'clock—I had been sent on an errand to Clerkenwell, and when I came back I saw the prisoner in the shop on the ground-floor—William Corton was in the shop at that time—I did not much notice whether any words took place between him and his brother William—I was giving a message—I did not notice the prisoner go down stairs till after 2 o'clock in the afternoon—I afterwards saw him and my master, and William together, and I heard my master tell him about taking a warrant out against him—he asked my master whether he intended to take out a warrant against him—he and his father had been out together before that, and I had been sent for a policeman, and got one—after that I heard the prisoner ask his father whether he meant to take
out a warrant against him, and his father told him yes—the prisoner said some angry words, but I do not know what, and his father ordered him out—he put his hand on his shoulder and ordered him to go out—not with any violence—he did not go out, and his father went to push him out, and when he got as far as the step of the door he struck his father with the knife—I saw the knife in his hand—this is it—when the father was struck on the nose I ran up stairs—I was frightened, I did not see anybody take the knife from him.
Prisoner. Q. You say you saw this knife? A. Yes, it was in your hand; I was standing in the shop—you were outside—I could see you down the shop window—I was near the window, and you was straight in a line with the window.
COURT. Q. Did you see your master ever strike him at all? A. No; my master has been very kind to me, and to all the men—I did not see him strike him that day—when he was pushing him out of the shop, he was standing sideways, with his back towards the street, and when he got on the step, as he walked out of the door he turned round and stabbed him.
WILLIAM CORTON, JUN . I am brother to the prisoner. On Friday, 4th Feb., I recollect being down in the workshop with the prisoner and the lad Salter—the lad was rather saucy to him, and he gave him a clout on the head—it knocked his cap off, and it fell on a piece of iron that a man was working, and the boy said he would smash his nose for it—the boy cried, and my father came down in the cellar—the boy did not make any complaint to my father that I heard—there was no complaint made, but my father ordered my brother out because the lad was crying.
Q. When your father came down stairs, did he not ask the boy what he was crying for? A. Not in my hearing—I have not stated that before that I am aware of—I am not aware that the boy said the prisoner had been knocking him about—I did not hear it—my father ordered the prisoner out—he did not go out directly—he was carried up by the policeman and my father—I went with them to the station—I did not see the prisoner strike my father any blow—the blow was struck before the policeman came down.
COURT. Q. Before the policeman came, had your brother gone up in the shop and come down again? A. Yes; he went up the first time of his own accord, and the second time he was carried up by my father and the policeman.
Mr. LOCK. Q. Well, your father made a charge against him at the station? A. I believe he did—I did not go in—I returned with my brother from the station-house—I believe my father went to the Mansion House—on our way from the station-house the prisoner said to me that if his father did not leave off, or something to that effect, it would be the worse for him—we got home before my father—I told my brother that my father was gone to the Mansion House, and I recommended him to go away and be quiet—with a good deal of my persuasion he did go away, and he was absent, I suppose, about an hour or two—he returned, and came down in the cellar—I advised him a second time to go away, and he did—I do not recollect how long he was gone that time—it might be half an hour or three-quarters—my father was absent the whole of this time—when the prisoner returned the last time he came in the shop and went down in the cellar—after my father returned, I recollect my father, my sister Elizabeth, and myself, being in the front shop—while we were there the prisoner came from the cellar into the shop—my father did not say anything to him, but he asked my father if it was his intention to get a warrant out for him—my father said, "Yes, it was"—on his saying that the prisoner said something, but I am sure I cannot recollect what—what he said
induced me to say that if he went on in that way I would twist his neck and turn him out of the shop—he had said something to my father, and to me as well—he went on in that way, using abusive language, till my father ordered him out—he had been to my father's late employer, and I believe he said my father had been exposing him, it was something to that effect—my father ordered him out, and he put his hand on his shoulder to put him out—I was looking at some blanks, and I did not see what took place at the step of the door—I saw him and my father out in the road, scuffling about—I ran between them, and took hold of my brother—I did not see a knife anywhere till I came back from the station-house—I then saw it on the counter, my sister was looking at it—I believe this is the one, as far as my recollection can go—I am not aware that I saw this knife before that time—I cannot say positively.
COURT. Q. Do you mean that you do not remember seeing any knife? A. No; I cannot recollect—I do not remember holding up any knife, and saying, "Take it"—I do not believe I said anything of the kind; in fact, I am sure I did not—during the whole of this transaction I am not aware that my father ever struck the prisoner beyond pushing him—he did not strike him to my knowledge—I was not looking to what the prisoner had in his hand, I was only looking to get hold of him to get him away from my father.
JAMES JENKINS . I am porter to Mr. Corton. I remember the Friday, the beginning of February, when there was a piece of work between the prisoner and his father—between 2 and 3 o'clock that afternoon I was in the front shop—William Corton was there, and Miss Corton—the prisoner was in the passage, between the street door and the shop door—at that time my master came in from the street, and seeing the prisoner in the passage, he asked him what he wanted—I do not think he made any answer—my master wished him to leave—he said to him," I wish you would leave the house"—he put his hand on his shoulder, and went to push him from the passage to the street—it was not done with violence—he did not give him a blow, he merely laid his hand on his shoulder—he was then close on the step of the door, and my master with him—they had a sort of scuffle together, and both got out in the street—I did not observe whether the prisoner had anything in his hand—I called to William Corton to go and assist his father, which he did—I then went in the street, and when William Corton had got hold of the prisoner, I observed a knife in the prisoner's hand over his brother's shoulder—this is the knife (looking at it)—I called to William Corton, and said, "William, he has got a knife in his hand, get it away from him"—I fancied he did take it from him—I observed my master was bleeding from the face—I assisted him to a medical gentleman in Broad-street, and he wished me to get a cab and convey him to the hospital—I think the knife was given to Mary Ann Hanson, the servant—I think my master gave it her—this is it.
Prisoner. Q. You say you can swear to that knife, by what? A. By seeing it in the shop afterwards—this is the knife I saw in the shop lying on a tin box, just by the fireplace—I never saw another knife like this in the shop to my knowledge—I saw it in your hand over William's shoulder when he had got hold of you—I cannot say which hand you had it in—you were holding the blade down.
ELIZABETH CORTON . I am daughter of the prosecutor. On 4th Feb., I recollect being in the shop, and my father ordering the prisoner out—he did not strike him, only put his hand on his shoulder and told him to go out, and the prisoner struck him—I recollect after that the prisoner being taken to the station and coming back—I recollect after my father had been to the Mansion House and come back, being in the shop about 2 o'clock in the afternoon—
my father was there and my brother—I cannot say whether Jenkins was there, I think Salter was, I am not sure—I recollect the prisoner coming in from the cellar—he stood by the passage, partly in the shop and partly in the passage—he said to my father, "Do you intend to take a warrant out for me?"—my father said he did; William then spoke, and said, "If I were your father would turn you out of the shop"—my father then went to turn him out—he took him by the shoulder, and he turned round and struck my father on the nose—I observed blood on my father's nose after he struck him—I then observed they were struggling in the street—I looked out of the shop window, and saw them—I did not go out in the street—I saw my father come in the shop after he had been in the street, he was bleeding from the nose and the chest—I saw this knife—I received it from Mary Ann Hanson in the shop—I placed it on a box in the shop—I observed blood on the knife when I received it—I had seen the prisoner with a knife of this description before one of the same kind with a clasp at the back, but the other one was larger than this—I laid this knife on the box—the inspector afterwards came and took it away—this is the same knife—my father was taken to the hospital.
COURT. Q. Was the knife the prisoner used to have like this? A. The same shape, but about one size larger—I think he had had it about four years—the last time I saw him with it was about twelve months ago.
MARY ANN HANSON . I am servant to Mr. Corton. I remember the Friday when there was a piece of work, and the policeman was sent for—between 2 and 3 o'clock that day I was in the kitchen, on the third floor—I beard a noise below, and I went down to the street door—I saw the prisoner and his brother William in the road, struggling—Mr. Corton was standing on the pavement—he was bleeding from the face and from the bottom of his trowsers—I noticed a knife immediately afterwards in William's hand as the two brothers were struggling in the road—either the father or the son gave me the knife, but which it was I cannot say—the handle was very much covered with blood, but there was very little on the blade—I took it with my apron, and laid it on the counter in the shop.
JOHN MARK BULL . I am a police officer. The prisoner was brought to the station house on 4th Feb., about 3 o'clock—after the charge had been booked against him, I went to Mr. Corton's house in Great Winchester-street—I took this knife from Elizabeth Corton—I perceived there were marks of blood on it—the prisoner was given into custody for striking his father with a knife, and cutting him.
COURT. Q. When the prisoner was brought to the station, did he appear in a state of excitement? A. Rather so, and faint and weak.
WILLIAM FARQUHARSON . I am shopman to James Farquharson, of No. 94, Houndsditch, about five minutes' walk from Great Winchester-street. On Friday, 4th Feb, I was in the shop, the prisoner came in about 2 o'clock or a little after 2 o'clock—I had not known him before—he asked for a clasp or a pocket knife—I showed him one with a buffalo handle and a broad point—this is it (producing it)—he looked at it, and said he wanted one with a spring back (all the knives with spring backs have steel points)—I showed him one with a spring back and a pointed blade on the outside of a parcel—he looked at it, and examined the knife—he found the spring had lost its effect, and he asked for one that had the spring sound—I opened the parcel, and gave him one that had the spring—he opened it, and tried the spring, and said that would do—he asked the price, I asked him 1s.—he urged that he wanted it for the trade, and very likely he would have more of them—I ultimately came down to 10d.—he asked what was the wholesale price—I
said 8s. a dozen—he did not like to give more than the wholesale price—he was going to the door, but he came back and paid the 10d., and had the knife—this knife produced is like the one I sold him—I have one out of the parcel here—there is the same maker's name on them both—I believe this is the one of out that parcel that I sold to the prisoner—he went away with it—I had not seen the prisoner before—I was taken to Newgate prison on that day week—I was shown seven persons together; I picked the prisoner out, and he is the person.
JAMES BARTH (City policeman, 152). On Friday afternoon, 4th Feb. I was on duty in Great Winchester-street, about a quarter before 3 o'clock, I saw the prisoner near Mr. Corton's house; I saw blood on his face; he was in company with his brother—I inquired what the matter was, and hit brother answered he had been stabbing his father—his father afterwards came out of the house, accompanied with his porter—I saw blood on the father's face, and a wound on his nose; he appeared in a very weak state, and quite agitated—I asked him if I was to take the prisoner into custody? he said, "Yes;" adding at the same time that he had stabbed him in the heart, or to the heart—I took the prisoner to the station—he alleged that he was suffering from kicks he had received from his father in the abdomen, and he could not proceed quick to the station; he could not walk quick—I searched him at the station, and found on him two duplicates, two keys, an old penknife, an old pocket-book, and a bottle of what Dr. Simpson pronounced to be chloroform—I took the prisoner to Bartholomew's Hospital—he remained all night in custody, and was discharged about four o'clock the following evening, and I took him to the station—I took him before the Magistrate—he was remanded, and was finally committed for trial.
COURT. Q. He complained of having been kicked in the belly by his father? A. Yes; both he and his brother asserted that.
COURT to WILLIAM CORTON, SEN. Q. You have already said, that before he struck you you had never struck him? A. No; when my son had got him, in dread of my son being stabbed, and knowing I was bleeding, I could only make use of my foot—I tried to kick at him, and to rescue my son—I had not kicked at him before he struck me on the nose; that I am sure of, on my oath.
HENRY WILLIAM ALEXANDER COLEMAN . I am house-surgeon at Guy's Hospital—I remember Mr. Corton being brought there on 4th Feb.—I did not notice the time, I know it was before 5 o'clock—I examined his person; I found a wound over his nose, one over the left collar-bone, one over the cartilage of the sixth rib, near the breast-bone, one on the right thumb, one on the ring finger of the left-hand, one on the right fore-arm, near the elbow, and one on the back part of the left thigh; they were all punctured wounds, with the exception of the one on the arm, which was an incised wound—they were all wounds which might have been inflicted by a knife of this description—the one over the cartilage of the sixth rib is very near the region of the heart—the point of the instrument seemed to have impinged on the cartilage of the rib which attaches the rib to the breast-bone; it seemed to have slipped up a little—the wound was a quarter of an inch deep and three-quarters of an inch wide; it went a little beyond the edge of the rib—the rib seemed to have stopped it going to the heart—if it had gone between the ribs it would have reached the heart, and death would have occurred shortly—from the wound in the chest he had symptoms of inflammation of the lungs, for which he was removed to another ward—from the blow on the breast having gone through a coat, a waistcoat, a shirt, and an under waistcoat,
I should think it must have been given with great violence—he was an in-patient till the 25th of Feb.
GEORGE CALLENDER . I am a surgeon at St. Bartholomew's Hospital. I remember the prisoner being brought there in the afternoon of the 4th Feb.; he complained of severe pains in the abdomen—I examined his abdomen, there were no bruises visible, nor any symptons of any internal injury; I did not treat him for anything; he remained there till the following afternoon.
CHARLES WATSON (City policeman, 90). On 4th Feb., I was acting-sergeant at Moor-lane-station—the prisoner was brought there on the 4th Feb., at 20 minutes before 1 o'clock, on a charge of assaulting his father—the father was present, and made the charge against him—there was no other witness, and I told him I could not take the charge; he might summon him, which I recommended him to do—we require in all cases a corroborative witness, unless there are marks of violence—the prisoner was charged again at 3 o'clock with this charge.
Prisoner's Defence. I hope, gentlemen, you will see I must have had great provocation to do such a thing as I have done; I admit the charge now; since my mother died my father says, "You shan't go on in this manner," and he has undermined me in everything; in every way; my brother here that gave witness against me, is really obliged to do so; if he did not, my father would say" You are as bad as he is," and actually turn him out of doors, as he has me, in several instances, because I would not go out to thieve and pick pockets, and all those sort of things, in order to get him money to buy fixtures to get him up in business; that is how it was; I have this charge to make against him, which I would not have done, but he has employed two counsel against me to show that I am a bad character; I say this in order to state what he really is; I have been greatly provoked to do such a thing as this; when I was about fourteen there was a scuffle or something of that sort, a row between us, and he struck me several times, and with the assistance of a porter that he brought up, he got me down and got hold of my handkerchief, and very nearly strangled me; for three months afterwards I had a blood-shot over my sight; if my mother had been alive, I should not have come here; I should not have been to a police-court, much less a criminal court; if my mother had been alive, she would have shown you how I have been put upon, and undermined in every respect.
COURT to JAMES JENKINS. Q. You were by when you saw your master pushing the prisoner towards the door; you heard your master ask him what he wanted, and told him he wished him to go away—did the prisoner seem in a passion? A. He did not seem passionate at all.
GUILTY . Aged 20.— Death recorded.
THIRD COURT.—Friday, March 4th, 1853.
PRESENT—Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Third Jury.
HENRY pleaded GUILTY .
Mr. COOPER conducted the Prosecution.
King-street, Stepney, an officer in the Customs. On 8th Feb., about 3 o'clock in the afternoon, I was in Leadenhall-street—an elderly woman asked me the way to Tower-hill—I directed her; and while looking up, I saw the prisoners Mitchell and Rowe watching me—I walked on a short distance—they walked before me, and when about two yards before me they turned round and watched me again very close—I then turned back as far as Fisher's print shop, two or three doors from Billiter-street—before looking in at the window, I turned back, and saw them twelve or fourteen yards before me, and other passengers intervened, and I then lost sight of them—I looked into the window a short time, then turned round, and whether I walked a little way or not I cannot say, but I then felt some one's hand in my pocket—that might have been two, three, or five minutes after I lost sight of Mitchell and Rowe—I looked round, and saw the prisoner Henry's left hand in my pocket, and I saw my purse in his hand; he then ran away, and I followed, calling, "Stop thief!"—he ran some distance, on the same side of the way, and then crossed to where some cabs were standing—by the time I arrived at the cabs he was in the custody of the police, and my purse also—this is my purse (produced by Haydon).
Cross-examined by Mr. SLEIGH. Q. Was Leadenhall-street crowded as it usually is? A. Tolerably so—Mitchell and Rowe were walking side by side, not arm in arm—when I told the old lady the direction to Tower-hill, I observed them watching me more closely than they had any right to do—they were then very close to me, almost facing me; I saw their faces—I was not then looking into any shop—the last I saw of them they were on the same side of the way as me—I was not looking into the print shop when I felt the hand in my pocket; I was looking to see that my way was clear—I did not see Henry's face till he was at the station—I did not notice whether any one else was near me at the time I lost my purse.
Mr. COOPER. Q. The moment you lost your purse you called, "Thief!" and ran, and saw a man running? A. Yes; and I did not lose sight of him till he was within the cabs.
MICHAEL HAYDON (City policeman). On the afternoon of 8th Feb., about a quarter before 3 o'clock, I was with Brett, in Leadenhall-street, and saw all the prisoners together there—I had known them before, and watched them—I first saw them standing in conversation outside the Black Boy and Camel public house—I saw them separate on the approach of a lady, and Rowe went in front of her, Mitchell behind, with the skirts of his coat spread open, and Henry on her right hand side—after that I saw Mrs. Hallett at the corner of Billiter-street, in Leadenhall-street—I saw Henry place himself on her right side, near the corner of Billiter-street—at that time he did not do anything; my attention was called to the other two, who were standing at the right side of Henry, about two yards off—I then saw Henry put his left hand to the right side of Mrs. Hallett's dress; he pulled his hand out, and at the same instant I saw him dart away, and heard Mrs. Hallett cry out," Stop thief!"—I immediately pursued him; he ran about 150 yards, the prosecutrix pursuing him part of the way; the street was blocked with carriages; he ran under a horse's head, and the moment he saw me (I was then within about a yard of him) he crossed over, threw the purse out of his left hand, and it fell on the seat of a cab; at the same instant I hit his heel with my toe, and we both fell down together, and Carter came up.
Cross-examined. Q. When Henry put his hand into Mrs. Hallett's pocket, did you see the other two? A. Yes, distinctly; they were at the corner, and Mrs. Hallett stood two or three yards from the corner—there were a good
many other persons there at the time, passing and repassing—Mitchell and Rowe were not talking to each other then.
JAMES BRETT (City policeman, 13). I was in Leadenhall-street on this day, at a little before 3 o'clock, and saw the three prisoners speaking together, near the Black Boy and Camel—I saw a lady walking towards Cornhill, and Rowe walked in front of her, Mitchell behind her, and Henry by her side, and placed his hand by her dress—about twenty minutes after that I saw Henry at the right side of the prosecutrix, with his hand down towards her dress, behind him stood Mitchell and Rowe, on the right—they were not so perhaps more than half a minute when I saw Henry suddenly spring away, and the lady ran after him—I immediately collared Rowe and Mitchell, and called "Police!"—they were at the corner of Billiter-street, just starting off in the same direction as Henry—Mitchell said, "What are you taking us for, Brett?"—I said, "For picking pockets"—Rowe said, "By G—we have not been picking pockets; I have only just come from the West, where I have just put 6l. on Jack Grant; let us go, Mr. Brett, and you shall not see as in the City any more to-day"—they knew me well, I have known them for years; it was in consequence of that that I watched them—I searched them at the station, and found on Mitchell 5 1/2 d., and on Rowe 7d., and the key of a pair of handcuffs.
Cross-examined. Q. How far do you say Mitchell and Rowe were from Henry at the time he committed the robbery; how many yards do you call it, ten or twenty? A. I should say not more than two, if two.
(The prisoners were further charged with having been before convicted.)
WILLIAM WILLIS . I produce a certificate (read—"William Mitchell convicted at Liverpool Quarter Sessions, Dec, 1848, of stealing a purse, one 100l. note, one 50l. note, and 8l. 3s. 6d.—Confined twelve months")—I was present at that trial—Mitchell is the same person.
JOHN WILLIAM NORMAN (policeman, A 148). I produce a certificate (read—" William Smith, convicted at Guildford, Jan., 1852, of stealing a watch from the person—Confined three months")—I was present at that trial—Henry is the person who was so tried.
THOMAS ROBERT EVEREST . I produce a certificate (read—" John Johnstone, convicted on his own confession, at Maidstone, Jan., 1844, of stealing a coat—Confined one month")—I was present—Rowe is the same person.
HENRY—GUILTY.** Aged 20.
MITCHELL—GUILTY.** Aged 42.
ROWE—GUILTY.** Aged 43.
Transported for Ten Years.
Before Mr. Recorder.
(The RECORDER stated that he had read the depositions, and was strongly of opinion that there was nothing in them to show any felonious intention on the part of the prisoner; upon which, Mr. PARRY, for the prosecution, offered no evidence.)
NOT GUILTY .
Before Lord Chief Justice Campbell.
WILLIAM CLOWSER . I am thirteen years old last Oct., and live at Chadwell-heath; I go to Ilford National School, in the county of Essex. On Tuesday, 8th Feb., I was going to school—I know Barley-lane; it goes out of the road that you travel from Chadwell to Ilford—about a quarter to 9 o'clock, I saw a man standing against the handpost at the corner of the lane with a stick in his hand—that is the man (pointing to the prisoner)—I kept on going to school, and had not gone far when I looked back, heard him say something, and saw him hit a man on his hat, which knocked it off, and the man picked his hat up and ran away, not up Barley-lane, but in a different direction, towards Chadwell; the prisoner followed him, hit him again, and knocked him down—I ran away to school.
Cross-examined by Mr. SLEIGH. Q. Did you see the prisoner go up to the man whose hat he knocked off? A. Yes; I did not hear what conversation took place between them, I was not near enough for that—the deceased was coming along the path, and came up to the prisoner at the handpost—they were talking together about three minutes before the prisoner knocked off the deceased's hat.
THOMAS WILLIS . I am a gardener. On Tuesday morning, 8th Feb., I was working on the high road between Ilford and Chadwell-heath, near Barley-lane, on the opposite side to it, but not opposite to it—about 9 o'clock I heard some cry, and thought it was the children going to school, but looking over the pales I saw the prisoner hitting a man on the head in the road; it was Mr. Toller, who is dead—I called to the prisoner twice to leave off, but he would not—I got over the palings into the road, and went towards them—when I got within about forty yards of the prisoner, I saw him take a knife from his pocket and run it into the man's neck, who was then on the ground, and the prisoner was standing up—he stooped down, and ran the knife into the deceased's neck at the side; he ran it through—I did not see the deceased move after that—I had not noticed him struggling or moving at all after I got into the road—I went right up to the prisoner, and said, "You have killed the man"—"Well," he said, "he tried to murder me, and now I have murdered him"—William Clark came up at that time—the prisoner had the knife in one hand and the stick in the other; the knife was covered with blood—I ran away towards Chadwell for the police, and when I returned with a policeman to the spot the prisoner was not there—I was not on the spot when the prisoner afterwards came there down Barley-lane; I was then gone into the garden—the deceased was lying on the ground, and I took the policeman to him—I soon after saw the prisoner in custody.
Cross-examined. Q. When you left the body, you left the prisoner standing by it? A. No, he was gone; I left to go for the police, and the prisoner went down towards Ilford—he left the body about the same time as I did.
Mr. COOPER. Q. Do you know what they call the King's Watering-lane? A. Seven Kings' Watering-lane; that is on the way to Ilford—he would pass there to go to Ilford from the body.
WILLIAM CLARK . I am a labourer. I was passing along the road, which leads from Ilford to Chadwell-heath, on Tuesday, 8th Feb.—I passed Barley-lane about 9 o'clock, walking in a direction towards Ilford and London, and from Chadwell—I cannot tell what distance Barley-lane is from Barking—I did not notice any person standing there when I passed Barley-lane—when I had got nearly a quarter of a mile from Barley-lane, I heard something which induced me to look back, and I saw a man beating another with a stick; he
knocked his hat off, and the man cried, "Murder!"—Mr. Toller was one, and the prisoner the other—I returned towards them, and shouted, "Leave off! leave off!"—I saw Mr. Toller knocked down by a great many blows with a large stick; he held up his hands to defend himself—as I was advancing, I saw the prisoner take a knife from his person, and cut the throat of the deceased—I was at that time about forty yards from them—I saw Mr. Willis in the other direction—on getting up, I did not speak to the prisoner; Mr. Willis spoke, and said, "Why, you have killed the man"—the prisoner said, "He tried to murder me, and now I have murdered him"—he had a knife in one hand and a stick in the other—Willis went away towards Chadwell for the police; he ran the same way as I did—neither of us said what we were going for—I noticed the prisoner going away towards Ilford; that way leads to the Seven Kings' Watering—Barley-lane leads out of the high road, and the Seven Kings' Watering is a running water that crosses the road—the prisoner went running off—I never saw the deceased move—this is very like the stick I saw the prisoner beating him with (produced)—I will not swear to it.
JOHN GAYWOOD . I am a butcher, living at Chadwell-heath. I knew the deceased perfectly well, I believe he was a commission agent; he has told me that he sold things on commisson—he was in the habit of going to London; he mostly went on foot—I think he went every day, I have been in the habit of seeing him every day on the road (Chadwell-heath is ten miles from Whitechapel Church); he was a quiet man in his disposition, and had a wife and five children—he was, I believe, about forty-eight years of age—his place of abode was about a mile, or perhaps a little more, from Barley-lane—it would be his regular way to London to pass the end of Barley-lane—on that Tuesday morning, shortly after 9 o'clock, I heard the report that Mr. Toller was murdered—it caused very great excitement—I saw several persons who had been to see the man who was murdered, but I did not see any of them looking after the prisoner—I commenced my rounds with my cart to serve my customers—I went towards a place called Little-heath, and palled up at the opposite end of Barley-lane, to where the murder had been committed, to serve a customer at a tobacco shop, Mrs. Inglish—at that place three roads join, one goes by Chadwell to Little-heath, which I went along; Barley-lane is the second, and the third goes to the Forest—I know the brook, Seven Kings' Watering, that does not lead directly to the tobacco shop, but a person could get to it by going round—I was inside Mrs. Inglish's house, which is a beershop and chandler's shop; the prisoner came to the door, and asked for a halfpenny worth of tobacco—he did not come into the house; he said he had got a box, and asked for a lucifer or two—the tobacco and some lucifers were supplied to him, and he left the house and went towards, Barley-lane—I had never seen him before—I was going away when I saw my dogs following him down Barley-lane, which I thought very strange, as they are very shy of any one—I followed him shortly afterwards (he had no stick with him at the shop)—I came up with him just at the end of the lane, when he was with a policeman—I said to Metcalfe, in his hearing. "You have got him just in time, I was after him;" the prisoner is the man—I went for Willis, the gardener, brought him back, and he identified the prisoner; he said, "That is the man"—I do not think the prisoner made any answer to that—I took the policeman and the prisoner to Ilford gaol in my cart; on the way the prisoner said something (he was not asked any question before he said so, nor was anything said as to whether it would be better for him to tell the truth)—he said, "I will tell you the truth, he once attempted to murder me, and now I have murdered him; he once hindered me
from getting 4d. for a night's lodging and something to eat; there were four or five others who I would have served the same if I had had time."—I asked him if he knew him; he said, "Yes;" and said, "I did not do it for want, but something that I had known of him before"—I asked him what he had done with the knife; he said, "It is no use looking for it, it is a moral impossibility to find it"—he said he had broken the blade off in the ground, and buried the other part—I asked him what he had done with the stick, he said he had thrown it away on the common; I asked him, "What common," and he said he had thrown it into some furze—I asked him whether he had smoked the tobacco which he bought, and he said, "No. "
Cross-examined. Q. I believe the place where you came up with the prisoner is close to where the murder had been committed? A. Yes; within a very few yards.
WILLIAM COLE . I am a labourer. On the morning of the murder I was at Colborough-hatch gate, about a quarter or 20 minutes past 9 o'clock—I saw the prisoner there; be shoved the gate open, and went through on the forest, that is where it first begins, and is about a mile and a half from the end of Barley-lane, where the beer and tobacco shop is—he was walking as fast as he could.
JOHN METCALF (policeman, K 142). I am stationed at Chadwell-heath—on the morning of 8th Feb. I received information of this murder, about a quarter past 9 o'clock; I went to the end of Barley-lane, on the road, and there found the dead body of Mr. Toller—I knew him well—he was a peaceable inoffensive man; very much so—the body was lying on the footpath with the throat cut, and quite warm—there were several marks about the head where he had been beaten about with something—the body was removed to the Grey Hound Inn, at Chad well, where the Inquest met—that was the body on which the Inquest was held—I obtained from Willis the description of the person who was said to have committed the deed; and about 10 minutes or a quarter past 10 o'clock, I was standing at the corner of Barley-lane, and saw the prisoner coming down Barley-lane, from Little-heath, towards where I was standing—his dress did not agree with the description I had received from Willis—I went and met him, and asked him where he came from—he said from Chelmsford and Romford—Barley-lane is not in the way from Chelmsford; on the contrary, it leads from the forest—I observed spots of blood on his coat and trowsers, and asked him how he came by the blood on his clothes; he said he had cut his finger with a flint stone; and unwrapped a piece of rag from his finger, and showed me a wound upon it, which was bleeding at the time—I did not take him into custody, but walked alongside of him in the direction of Willis'; past the spot where I had found the dead body lying—his trowsers were very wet nearly up to the knee—about that time Gaywood the butcher came up with his cart, and fetched Willis out of his garden, who said, "That is the man"—the prisoner made no remark to that, and I took him into custody—Gaywood took me and the prisoner in his cart towards Ilford Gaol—on the way the prisoner said, "I will tell the truth, he once attempted to murder me, and now I have murdered him"—I cautioned him, and said that whatever he said would be used against him again—he said, "He once hindered me from getting 4d. and something to eat, and a night's lodging;" and said there were four or five others, who he would have served the same if there had been time; that he did not do it for want, but something he knew of him before—this stick (produced) was found on 25th Feb. by a man named George Cole; he did not touch it, I saw it lying on the ground; itwas
close to the Seven Kings' watering, in a stubble field about a quarter of a mile from where I found the body—the lane by the side of the Seven Kings' watering leads to the high road, and communicates with the Forest; it leads right to the hatch gate—there is a pond of water near Little Heath, which they call Stump's Cross.
Cross-examined. Q. I believe there was none of the deceased's property missing on his being searched? A. No; two books and a silk pocket handkerchief were found on him.
EDWARD TOLLER . I live at No. 4, Southampton-street, Mornington-road, and am a younger brother of the deceased; his name was Thomas Samuel Toller, his age was forty-eight on 5th Sept—he did jobs in the way of a commission agent—he has lived at Chadwell five or six years.
MARY ANN SMITH . I was intimately acquainted with the late Mr. Toller; he lived next door to me. On 8th Feb., about a quarter to 9 o'clock in the morning, he called at my house—he was then on his way to London, and was in very comfortable health—I heard of his death in about half an hour.
Cross-examined. Q. Might it have been a little earlier than a quarter to 9 o'clock? A. Yes, my clock might have been rather too fast—perhaps it was not more than a quarter past 8 o'clock.
EDWARD SULLIVAN . I am assistant to Mr. Alison, a surgeon, of Ilford. I saw the body of Mr. Toller on 8th Feb., at the Greyhound, at Chadwell, and examined it for the purpose of ascertaining the cause of death—I found several wounds of a severe nature on the head, not incised—there was a deep gash on the throat; the others were contused wounds—the injury on the throat was the immediate cause of death, and was such as a knife would occasion—it extended from one ear to the other, except where there was a small portion of skin uncut—it must have been done by thrusting the knife through and cutting outwards.
Cross-examined. Q. Will you be kind enough to listen to my reading a passage from a work, and tell me whether your opinion as a medical man coincides with that,—"There can be no doubt from the concurrent testimony of all writers on insanity, that a predisposition to the disease it frequently transmitted from parent to child through many generations The malady may not always show itself in such cases, because the offspring may pass through life without being exposed to any exciting cause; but in general the malady supervenes from very slight causes?" A. I perfectly agree.
Q. "This predisposition to insanity is much more readily transmitted through the female than through the male parent"? A. Quite true—I saw the prisoner in Ilford gaol; I was called to treat him for the wound on his finger—I had conversation with him several times—he appeared to me to be labouring under a delusion, not only as to the deceased having attempted to murder him, but that several other persons were in a conspiracy to murder him.
Q. Upon all the circumstances of hereditary insanity in a family, and that the party committing the crime was cognizant of the consequences of that crime, which would be the loss of his life, and that on the commission of that crime, instead of attempting to escape from justice, he delivered himself up to the law, and seemed reckless of the consequences, are you, as a medical man, prepared to say whether those circumstances taken together, and the commission of the crime, indicate a sound or unsound state of mind in the criminal? A. Unsound, rather; certainly they would—I have not of my own knowledge known persons become suddenly insane whose conduct had been previously only eccentric—I have, as a medical man, given my attention to the subject of insanity.
COURT. Q. You believe that there may be sudden insanity? A. Yes; because insanity may be latent until aroused by certain circumstances—the result of the various interviews I had with the prisoner was, that he produced on my mind the impression that he was not in a sound state of mind on this particular point, at the time I had the conversation.
Mr. COOKE. Q. After his committal to Ilford you first saw him? A. Yes; for the wound on his finger—he did not complain to me in any of the conversations I had with him of Mr. Toller having injured him, and deprived him of a night's lodging—he did not mention to me that it was not want that drove him to it—I saw him four or five times—I have been three years at Ilford and have also been in practice at Putney and at Barnet—I have been a surgeon since 1848, and am a member of the College of Surgeons—I have been called in to several insane patients, and have had them under treatment, at Ilford, at their own houses—in two cases they have been removed from their own houses to private lunatic asylums—I am assistant to Mr. Allison.
THOMAS SMITH . I am a bricklayer, living at Chadwell. I was acquainted with the late Mr. Toller—I sometimes drove a horse and cart from there to London—on 30th Dec. last I was in London with my horse and cart, and on my return in the evening I pulled up my horse in the Mile-end-road, where Mr. Toller was waiting for me at the appointed time, to ride home with me—while I was waiting to give my horse some water and corn, the prisoner came up and asked me for a few halfpence to help him to a night's lodging; I told him I had nothing to give him, I had nothing but what I worked for, told asked him why he did not go to work; that he was as well able to work as I was—Mr. Toller said, "He will not work; he is a regular impostor, I have seen him before"—I then went away to feed my horse with the corn, and while I was doing so, they were on the quarrel—I did not hear what they said, but I could hear high words between them; and when I came back they were still at words, and Mr. Toller said, "If there was a policeman handy, I should not mind giving you in charge"—I told the prisoner that his best way would be to toddle off about his business—he turned round, and Mr. Toller said, "We have got nothing to give you"—the prisoner said, "I should like to give you something"—we then went into the public house to get some refreshment, and when we came out we saw no more of the prisoner—it was between 4 and 5 o'clock in the afternoon when I pulled up at the public house—I know the spot at Barley-lane where Mr. Toller's body was found—I saw the prisoner not quite a quarter of a mile from that spot, nearer Romford, about four or five days before the murder was committed; he had a short stick under his left arm—I was in my cart, going to London.
Cross-examined. Q. On the first occasion when you saw the prisoner, had not he a short stick with him? A. I would not swear, but I do not think he had—I rather think he had not—I have only seen him three times, once on the evening I mentioned, once in the Romford-road, and at the Bench at Ilford—Mr. Toller and I stayed at the public house three quarters of an hour while my horse baited—we had two pints of porter and some bread and cheese—I did not mention anything about the conversation with the prisoner till after the murder—I did not think of taking any notice of it.
Mr. SLEIGH called
CAROLINE COLLIER . I am married; my husband is a corn dealer, and lives at Kensal New Town. I am the prisoner's sister—our mother has been dead three years and a half—she died in the County Lunatic Asylum at Wandsworth—the last time of her derangement she was sixteen years there—she had been previously three times at New Bedlam—the prisoner is
younger than I am—not quite a year and a half after his birth his mother was confined in a lunatic asylum—she was a lost woman from the time of his birth.
COURT. Q. Did the mental illness come on at the time of her confinement? A. Yes, it was the puerperal fever—she had never been in confinement before his birth, but in each of her subsequent confinements, which were two, it was necessary to take her from home.
Mr. SLEIGH. Q. Have you seen much of your brother during the last few years? A. No; occasionally he would call on me, but he has been a wanderer for twelve or fourteen years—I saw him last, as near as I can remember, a month before Christmas—he stayed with me about a quarter of an hour—he was very much excited—his conversation was on the Catholic religion—he said there were men after him who would kill him, go which way he would—his conversation was of an excited nature during the whole of the quarter of an hour he was with me—he left me after that—he wandered outside my door for a long time before he entered the house on each occasion that he called—I had to press him to come in each time that he visited me—I endeavoured to reason him out of that, but to no effect—he considered that he was superior to any other person, and that he should have a good deal of money and be a gentleman.
Cross-examined by Mr. COOKE. Q. Did you see him more than once last year? A. Yes, two or three times—the last time was a month before Christmas, as near as I can recollect—about four months had elapsed between the last time and the last time but one—he did not mention the Catholic religion then—that was the time about a month before Christmas; that was the only time he mentioned it—I have reasoned with him many times about his mode of life; I have remonstrated with him about living as he did without a home, and not doing work, but living in idleness—he did not on those occasions put me off by saying that he expected money and should be a gentleman—he did not appear to have sense enough to get his living; he appeared to ramble about from one thing to another, but I still continued to remonstrate with him—I am about a year and a half older than he is—he has worked at different places, I can hardly tell you where; he has been a rambler all over the country—I generally gave him food and 1s., sometimes 2s.
Mr. SLEIGH. Q. My learned friend asked you about remonstrating with him about not working; did you also remonstrate with him when he told you about people going to kill him? A. Yes, but he still argued against me, I told him we were in a free country, where there was protection for all; but I could not reason him out of the idea that people were going to kill him.
GUILTY . Aged 32.— DEATH .
Before Mr. Common Serjeant.
Mr. SCRIVEN conducted the Prosecution.
CLARA DRUSILLA SKEEN . I am the daughter of John Skeen, a cheese-monger, in Mile-end-road. On 19th Jan. the prisoner came to my father's shop about 7 o'clock in the evening to purchase a quartern of cheese—he offered me a half crown, which he put on the counter—I had no money in the till to give change, and I gave the half crown to the servant to get change—while she was gone a policeman came in, and the prisoner ran away leaving his cheese on the counter, and without receiving his change—the servant afterwards came back with the half crown which I sent her to change, and I nailed iton the counter—I afterwards gave it to the policeman.
MARY ANN BROWN . I am servant to Mr. Skeen. The last witness gave me a half crown—there was a man in the shop when she gave it me, but I did not take notice of him—I went for change to Mrs. Perring's next door—I gave her the half crown—she said it was bad, she gave me back the same half crown—it was not out of my sight—I brought it back to Miss Skeen—I am certain it was the same half crown.
WILLIAM BURTON (policeman, K 138). I was on duty in Mile-end-road on 19th Jan., I recollect seeing the prisoner about 7 o'clock by the New Globe—they went towards Mr. Skeen's shop, I followed them—the prisoner went in the shop, the other man turned up Globe-road.
Prisoner. Q. Why did not you stop me? A. Because I followed your comrade.
MARY ANN FROST . I saw the prisoner on 19th Jan.; about half past 7 or a quarter to 8 o'clock, he came to my husband's shop for a half quartern of flour—I served him—he tendered in payment a half crown which was counterfeit, I went to the bakehouse to my husband to get change for it—I gave the half crown to my husband, I saw him bend it with his teeth—he then came in the shop, and told the prisoner it was a bad one—he detained the prisoner, and gave him into custody.
GILES FROST . I saw the prisoner on the night of 19th Jan., about half past 7 or a quarter to 8 o'clock—I went to the bakehouse, and my wife brought me a bad half crown—I came back to the shop, and told the prisoner it was a bad one—I detained him till the policeman came—I gave the half crown to him.
Prisoner. I am not guilty of the first, but the second one I am.
GUILTY . Aged 23.— Confined Six Months.
Before Mr. Common Serjeant.
JOHN WHITE (policeman, R 180). On 31st Jan. I was on duty in Church-street, Deptford, about a quarter before 9 o'clock in the evening—I saw the prisoner coming down Church-street—he appeared to me to have something very bulky in his pockets—he turned up Giffin-street, and I followed him—he went into a little grocer's shop—I went in, and asked him where he lived—he told me, "Down by the Thames-tunnel"—I asked what he had got in his pocket—he said, "Some fowls"—I pulled his coat on one side, and saw two fowls' heads, which I knew to be very valuable fowls—I took him to the station—he was charged with having them, and giving no account of them—he made no answer—he was asked his address, which he refused to give—I was about to search him, and he said, "I will take them out"—he took two hens out of one pocket, and two from another—he undid the fall of his trowsers, and took the male bird from thence—I gave the fowls up to Mr. Morris—one of them is here.
WILLIAM RICHARD MORRIS . This is one of my fowls—I received it from the last witness—I saw the five fowls at the station—the others were delivered to me—they were mine—I had seen them safe on my lawn about 5 o'clock the same evening—the lawn is inclosed by a fence, and the yard by a brick wall—I was not aware of the loss of the fowls till the policeman informed me of it—they are Cochin China fowls; I have a fowl house for them on the lawn.
Cross-examined by Mr. M. PRENDERGAST. Q. Where do you live? A. In Mill-lane, Deptford; I am engineer to the Kent water-works—I have very large grounds—I have had this class of fowls four or five years—I kept them for amusement till I found the value of them—I have sold some—the value of this one is upwards of ten guineas—I have had a very large number of them—my fowl house is between the engine house and my house—I do not entirely attend to them myself—my children attend to them, and the gardener, Marcus Coxey—I kept six of these fowls on the lawn, and five were stolen—I keep fowls in various places.
GUILTY . Aged 23.— Confined Six Months.
GUILTY. Aged 63.—(He received a good character.)—Recommended to mercy. — Confined Twelve Months.
Before Mr. Recorder.
MR. COOPER conducted the Prosecution.
CATHARINE HARVEY . I am a widow, and live with my father, Mr. Nixon, in Perry-street, East Greenwich. I have been in the habit of having things dyed at Mrs. Lance's shop, at Greenwich—I have seen the prisoner there—I remember very well taking some silk to be dyed in July last; it belonged to my sister, Miss Nixon—I left it at the shop in her name—I believe I fetched it away when it was finished—I cannot recollect the sum I paid for it—to the best of my recollection, it was more than 3s.—I always paid the money to Miss Cooper—I have had several things dyed there—I had three skirts dyed during the last summer—I cannot call to mind whether it was in July—I always paid for everything I had.
Cross-examined by MR. PAYNE. Q. You do not remember whether you fetched it away or not? A. I always fetched everything—I do not remember fetching this article—I think I did, but July is a long while ago—I am not certain whether it was in July, or whether it was more than 3s.
CATHARINE HURLEY . I am the wife of George Hurley, a tailor, in Park-street, Greenwich. In the middle of last summer I took a green velvet vest to the prosecutrix, Mrs. Lance's shop, to be dyed black—I saw a young woman in the shop; she said it was to come to 2s. 6d.—I went about a fortnight afterwards—it was not done, and I rather murmured, because it was particularly wanted—I went again in a few days, and got it, and paid 2s. for it to the young woman who took it in at first.
Cross-examined. Q. Has Mrs. Lance said anything to you about your evidence since this case has been on for trial? A. She came to me, and said she hoped I would make it more, not less, on account of her having four children.
MARY ANN FITZGERALD . I am servant to Mrs. Houghton, of Park-row, Greenwich. In Nov. last I took a dress to Mrs. Lance's shop, to be cleaned—I left it with Miss Cooper, the prisoner—I fetched it on the following Saturday, and paid the prisoner a half-crown.
Cross-examined. Q. Was anybody else there when you took it? A. Not that I remember—there was nobody else there when I paid the money—I did not get a bill and receipt; I did not think about one.
EMMA LANCE . I am a widow, and live in Brunswick-parade, Islington, I carry on the business of a dyer—I have also a shop in Clarence-street, Greenwich, where I carry on part of the same business—the prisoner was in my service, as manager of that shop; she had the entire charge of it—she came into my service in 1851, and remained till 29th last Jan.—her wages were 8s. a week, and five per cent, on the work that was booked—she had her lodging, and coals and candles, not her board—it was her duty to take in work across the counter, to get the articles ready for the man to dye, and to return them; also to enter the goods in the day-book when she took them in, and to enter the sums that they came to on the side—she had also a cashbook—it was my habit to go to Greenwich every Tuesday, and she and I used to compare the books—I took the cashbook, and she had the daybook—if Mrs. Nixon had been entered, I should have called out the number and the name, and she would produce it to me in the day-book, and I should put "Paid, E. L." to it—in the day-book, in July, here is "Mrs. Nixon, No. 16, 3s."—in the cash-book of the corresponding date, here is not Mrs. Nixon's name, nor is there a similar number—on taking this cashbook, and not seeing the name or number, I should not call out that name or number—I have never received any money from Mrs. Nixon—in the daybook here is "Mr. Hurley, Upper Park-street," in the prisoner's handwriting—it is No. 93, a velvet dress, 1s. 6d.—it was originally marked 2s.—the alteration was made because when I went down, the prisoner said Mrs. Hurley's husband was a tailor, and he could not afford to give so much—I said we always allowed tailors a discount of 6d.; and I took my pencil, and altered it to 1s. 6d.—she told me it was finished, but not fetched, and I said, "I will alter it now, that there may be no mistake"—I have never received any money for that—there is none in the cash-book, nor any corresponding name or number—Mrs. Houghton is entered in the day-book, No. 1l., 12s. 6d.—there is no entry corresponding with that in the cash-book, and I have not received any money for it—I gave her 8s. a week wages; and when I went down, I looked how much she had booked in the day-book; and if it were 2l. 10s., I gave her a half-crown—I did that by the day-book, not the cashbook—I always regularly paid her in that way, whether the debts turned out good or bad; she always received her per centage; she had no risk; I did that to encourage her to do her business well.
Cross-examined. Q. She had 8s. a week, and this per centage; what did it come to on an average? A. I entered it in this book—it generally amounted to about 11s. a week—she had to keep herself; there was no one but herself—I used to allow her a girl, to do dirty work in a morning—the prisoner only had the shop, the parlour, and bedroom—the man who does the dyeing always swept the shop—there was no servant but the prisoner, the man, and the errand-boy, who was a schoolboy, and not there all day—when she left, she had, contrary to my desire, paid herself the 8s.—I liked to pay it myself, not for her to deduct it—I was angry—I sent for a policeman, to make her give up the 8s., and she went away.
Mr. COOPER. Q. Why did you send for a policeman? A. On the Friday evening, when I went down, I took my stock again, so that I should deliver it up into the hands of another person, and the money for two straw bonnets was again missing—I said, "Miss Cooper, you can't have made a mistake about these bonnets; I will not allow you ever to use my money; I will come down to-morrow, and settle"—I went down on the Saturday, and
she asked if she could go; I said, "As soon as we have settled the cash"—she gave it me, 8s. short—I said, "I do not think you are at liberty so to do," and I sent for a policeman.
COURT. Q. Do you know of any other person that was in the shop, and took in goods? A. Not that I am aware of; I never employed any—I asked her for the 2s. 6d. for Mrs. Houghton, and she said, "It is all safe enough; the person who is servant there used to live servant with my mother"—that was at Christmas, when I made up my stock—I was 130 parcels short—she said it was a mistake.
NOT GUILTY .
(No evidence was offered.)
NOT GUILTY .
GUILTY . Aged 35.— Confined Three Months.
Before Mr. Recorder.
422. JOHN BRAY , burglary in the dwelling house of Francis Burdett Malin, and stealing 1 pig, value 6s.; his property: also, 2 pieces of leaden pipe and 1 metal tap, 3s. 6d.; the goods of Benjamin Randall Dawson, fixed to a building: to both which he pleaded
GUILTY . Aged 35.
(John Carpenter (policeman, R 38) stated, that the prisoner had been summarily convicted of pot stealing, and had only come out of prison the morning before this burglary was committed.)
Confined Twelve Months.
Before Mr. Recorder.
Mr. METCALFE conducted the Prosecution.
THOMAS SMITH . I am a butcher, at No. 6, Acre-lane, Brixton. On Thursday, 27th Jan., at a few minutes past 8 o'clock in the evening, as I was going along Brighton-terrace, which is a turning out of the Brixton-road, I was overtaken and accosted by a female, who asked me if I knew of a Dr. Wallis living in that neighbourhood—I told her I knew no such person, and she asked me some other question relative to a singing master, who I knew nothing about—I then walked on some few yards past a customer's, in Brighton-terrace, where I was going to, and then stopped—I was in the act of naming to her that there were some fresh families in a square just above, where she might probably find the person she was in search of, and at that moment the prisoner was stepping across the road towards where I was standing—there were the usual quantity of gas lamps about, one on each side of the road; about every thirty-five or forty yards—the prisoner came up to me, and said, "You d—d villain!" or some words to that effect, "you have insulted that woman"—before I could make any reply, he struck me a violent blow on the front of the face, and knocked me down; from the effect of the blow,
and the alarm, I was insensible for some short time—on coming to myself, I found myself lying on my right side, and saw the woman standing over me—I immediately got up, and saw the prisoner and another man going across the road; I had seen the other man following in the prisoner's wake as he came up to me, before he struck me—when I got up, the woman had got hold of me by the collar and the cuff of the coat—I immediately disengaged myself from her, and ran after the prisoner and his companion; they were then going down Brighton-terrace again, towards the Brixton-road; Brighton-terrace leads through a square, and turning to the left, leads near to Acre-lane; it was formerly closed at the end, but lately has been made a thoroughfare—when I first saw the prisoner, he appeared to have been up the terrace, and was coming back towards me, meeting me and the woman in an opposite direction—I pursued the prisoner and the other man—I passed the other man, who was the shorter of the two, and came up with the prisoner; he was just in the act of passing a lamp between him and me—I put my hand against him on the right side, and said, "You thief, you have got my purse"—I then saw his face very plainly; there was a lamp directly behind me—the light was clear upon his face; I saw his countenance as clearly and distinctly as I see it now—he said to me," Me? I never saw you before in my life"—he then turned up to where I had left his companion, and they both ran away together towards where the woman was left, back up to Brighton-terrace—they were the only persons I saw in Brighton-terrace—I pursued them, crying," Police! Stop thief!" very many times, until I brought out many of the neighbours on both sides of me; I pursued them up the terrace to a field at the top, where they made their escape—they went over into the field; I am quite sure the prisoner is one of the persons who went into the field—I immediately ran back, picked up my hat and umbrella, and went to the station-house, which did not take me more than two minutes—I got two policemen, and went with them to Shepherd's-lane, which leads to the field where I saw the men go in; it is no thoroughfare, I believe—we walked about thirty or forty yards up the lane, and met the prisoner coming down the lane from the direction of the field—directly I got to him I said, "That is the man that knocked me down; "this was not more than five minutes after I saw him go into the field—supposing him to have been the same person, he would have had to travel across the field, about 300 yards, and down the lane—I told the policemen that was the man who knocked me down, and the prisoner said, "Me? I never saw you before in my life"—I said, "So you told me before;" I then gave him in charge—there is a light at the end of the lane where we found him; I do not believe the lights go all the way up the lane, but they do at that end—the policemen asked what business he had there; he said he had been to the Exhibition (meaning the New Crystal Palace), looking for work, and had lost his way—the lane is not a place that could be taken for the high road; it is a narrow lane, with no thoroughfare—he said he was a stranger in London, and had only been three weeks from Manchester—this is my purse (produced); it was made by my daughter—I had it in my pocket when I was first accosted; I had not been out of my own house three minutes—it contained two 5l. Bank of England notes, and either 8l. 10s. or 9l. 10s. in gold, which was all gone when the purse was recovered—I missed my purse immediately on recovering my legs, after being knocked down—a man found the purse next morning in Acre-lane, just by my own house; I saw it afterwards before the Magistrate.
Cross-examined by Mr. PARRY. Q. I believe you had never seen this person before? A. Not to my knowledge—I saw two persons standing at
the corner of Acre-lane when I passed, but I cannot undertake to say that the prisoner was one of them—I was knocked down a very short time after the prisoner came up to me—it could not have been a very long time—when I recovered myself, the two men were just going from me, and were about fifteen yards off—they were just in the act of passing—they might have been the distance off me of one length and a half of this Court—it was not by any means a dark place; there was a gas lamp about as far from me as to the corner of this Court, directly behind—I speak to the prisoner without any doubt—when I recovered from the fall I saw the prisoner and the other man about the distance and a half of this Court—I got up and followed them—when I met the prisoner again he was coming towards me, but before that I had seen his face distinctly—he turned round and looked at me as he was on the kerb and I in the gutter—I had not lost sight of either of the men before that only for a very short time, while I was insensible, while they were robbing me—the field into which they went lies on the right of the Brixton-road—it is not usually crossed by passengers—people who do cross it are considered trespassers—there is no footpath across it, there may be a track—there is a fence to get over—having got into the field, the only outlet is where I met the prisoner—I do not think a person would go across that field going from the Crystal Palace to London—the City Reform Almshouses are situated in that field—tradespeople's boys may go over the fence as a near cut to the almshouses—it is not a near cut into Acre-lane and to Camberwell.
Mr. METCALFE. Q. Just tell me about these two persons you saw in Acre-lane? A. As I was leaving my own residence I saw two persons standing on my right at the corner of Acre-lane, and there was one man on the left whom I knew—he was not one of the men I afterwards saw—that is twenty-five yards from the corner of Brighton-terrace—about a minute and a a half after I passed the two men the woman spoke to me—it might have been perhaps three or four minutes after I passed the men that I was struck—my impression was that it was the same two men, although I cannot swear; they were both dressed in dark brown coats.
JURY. Q. Had you been drinking at all? A. No, I do not think I had taken any beer or spirits all day—I was perfectly sober; I was going out on business.
JOHN CHIVERS . I am the pew-opener at Brixton Church. On 27th Jan., about 8 o'clock, I was at the corner of Acre-lane, and there saw the prisoner and another man and woman in company together—I am quite sure the prisoner was one of them—they were walking to and fro from Brighton-terrace to the corner of Acre-lane—I saw Mr. Smith go down the corner of Brighton-terrace—I then missed these men and woman suddenly—I had seen them immediately before Mr. Smith went down the terrace—I saw the prisoner's face, I am positive of him—there is a large linendraper's shop where I was standing; it was well lighted.
Cross-examined by Mr. RIBTON. Q. What sort of light was it? A. Gas-light—it was an open shop—there was light from the shop and the street likewise—they were walking on the footpath—there was an omnibus standing there, and a great many persons passing and repassing.
ROBERT HODDER (policeman, P 10). On 27th Jan., about half past 8 o'clock, Mr. Smith came to the station, and in consequence of what he said I went with him to Shepherd's-lane, coming down which we met the prisoner coming in an opposite direction to the Brixton-road—that is no thoroughfare—immediately Mr. Smith saw him he said, "That is the man who knocked me down"—the prisoner said, "Me? I never saw you before
in my life"—he said he was on his way from the Great Exhibition at Norwood, where he had been looking for work—he said he lived at Nightingale-lane, Paddington—I have made inquiries, and cannot find such a place.
Cross-examined. Q. Paddington is a very large place? A. It is; I did not look in the Directory—persons never go across this field, not unless they trespass—I am not aware they are in the habit of doing so—this lane leads to the Brixton-road.
MICHAEL WOOD . I am a carman, and live at Brixton. On 28th Jan., a little before 8 o'clock in the morning, I picked up this purse—it was lying by the side of the road in Acre-lane, just where the road leads out from Brighton-terrace, about twenty yards from Brighton-terrace—it was empty, as it is now.
THOMAS SMITH re-examined. I had the purse in my left trowsers pocket—I was too much stunned to feel what was done to me—when I came to myself I was on my knee and elbow on my side, and the woman had hold of me by the collar with one arm and by the left arm with the other—she clung to the cuff of my coat and said, "Oh, good God! what is the matter? what is the matter? pray don't leave me"—I said, "Oh, you hussey, you know very well what's the matter!"—she tried to detain me in that way.
GUILTY . (The prisoner was further charged with having been before convicted.)
MARK LOOME (police sergeant, B 11). I have known the prisoner eight or nine years—was present when he was tried with two others in Nov., 1849, in the Third Court, for stealing a watch and other articles in a dwelling house—he had twelvemonths' imprisonment—he was tried by the name of Robert Murless (certificate read)—the prisoner is the person there named.
Prisoner. It is true I was convicted.
GUILTY. Aged 50.— Transported for Fifteen Years.
Before Mr. Common Serjeant.
Mr. BYERLEY THOMPSON conducted the Prosecution.
HENRY GOODMAN . I am a Custom-house officer, and live at Gravesend, On 25th Jan. I went on board a brig from Dantzic, called the Employ— I took a bed, bedding, and a box with me—I went with the ship to the Baltic Wharf in the Surrey Canal, which is a part of the port of London—I remained there till 27th, my bed and bedding were on the quarter deck—I missed them about 9 o'clock on the evening of 27th—I had seen them safe at half past 6 o'clock—in consequence of information from the night watchman I saw the prisoner next morning, and he told me he had been sent by some sailors who had left the vessel the previous morning, to take this bag containing the bedding to take it across the water to them—I considered they might have left a package behind, and did not like to lock up an innocent man—I afterwards made inquiries of the sailors, and in consequence gave the prisoner in custody—some sailors had left the vessel that day—my bed and bedding were packed up in a bag, it was a considerable size, about half a hundred weight.
ISAAC SUCK . I am night watchman at the Surrey Canal Docks. On 27th Jan., between 7 and 8 o'clock in the evening I stopped the prisoner as he was going out of the dock with a canvass bag on his back, containing bed and bedding which he said belonged to the sailors—I took it from him, and Mr. Goodman saw it afterwards, and identified it as his—I told the prisoner
I should not allow him to take it out, that I would take charge of it till the rooming, and if all was right he might then take it out, and he said he would come for it at 8 o'clock—he came the next morning between 6 and 7 o'clock; he did not ask for the property, but re-asserted the statement he had made the previous night, that he was employed by the men to fetch a parcel they had left behind on the wharf, and when he returned with it he was to be paid for his trouble—I had not seen him take any luggage that day, I only came on duty at 6 o'clock that evening—I had not seen any sailors going out before that time, but sailors are continually passing in and out during the evening—as soon as I found out who the things belonged to, the prisoner was taken into custody, but Goodman believing his statement to be true let him go—when the sailors came on Friday to receive their pay some inquiry was made, and the prisoner was taken in charge.
HENRY UPTON (policeman, M 18). I took the prisoner into custody on 28th about 12 o'clock, in the road near the Surrey Canal Docks—I told him what he was charged with, and told him to be cautious what he said—he said, "Last night about 6 o'clock, I was employed by four sailors to take some things from the vessel Employ, down to them stairs (pointing to the Surrey Canal Dock stairs), when I had put the things in the boat, one of them told me to go back for a bed I bad left behind, I went back, and found the bed lying on the shore."
Prisoner's Defence. I was sent by the sailors to get it.
JURY. Q. Was he aware he could not leave the docks without being seen? A. He must have known that—if a pass was duly stamped in the day time, we should allow the things to be taken out at night.
NOT GUILTY .
MARY MARIA PITCHER . I am the wife of Isaac Pitcher, of Townsend-street, Kent-road. The prisoners took a furnished room at my house in Oct., and stayed till 24th Dec.—they had not given me any notice when they left, and there was a week's rent due; they took the keys of the room door and the street door—after they had left I had their room unlocked, went in and missed a blanket, two pillows, four pillow cases, and a sheet which were in the room when it was let to them—in consequence of inquiries I went to Mr. Chapman's, and found all my things there—about a week after Christmas, I found the prisoners together at a lodging they had taken—they said it was distress drove them to it.
EDWIN CHAPMAN . I live with Mr. Samuel Chapman, a pawnbroker. On 22nd Dec. I took in some fire irons in pledge from the female prisoner, which were given up to the prosecutrix when she claimed them, on payment of the money advanced—there was also a pillow pledged on 3rd Nov., but I do not know who pledged it.
ALFRED BROOKS (policeman, P 262). I took the female into custody—I told her what it was for—she said the goods where her husband worked had been pledged, and Mrs. Pitcher's goods had been pledged to redeem them.
James Swatteridge's Defence. I had the misfortune to lose four pain of welts, and took these things to replace them.
JAMES SWATTERIDGE— GUILTY . Aged 29.— Confined Six Months.
MARY ANN SWATTERIDGE— GUILTY. Aged 30.—Recommended to mercy by the Jury. — Confined Three Months.
(There was another indictment against the prisoners.)
NOT GUILTY .
Mr. BIRNIE conducted the Prosecution.
ALFRED WILLIAMS . I am servant to Mr. Hobbs, who keeps the Golden Lion, Gravel-lane. On 6th Feb., about 5 o'clock in the evening, the prisoner came to our house—I think he had had a little to drink before he came—he sat down in the parlour, talked very much, and abused every one in the room—he used very abusive language—there were two or three respectable men's wives in the room, and it was not fit he should be allowed to remain—he went out about a quarter to 9 o'clock, and returned in twenty minutes or half an hour—I had spoken to my master before he went out, and in consequence of what my master said, I prevented the prisoner coming into the parlour again—there was a scuffle between us—I felt my hand cut, and called out that the prisoner had a knife—I bled very much—the leader of my forefinger was cut, and also my wrist—I had no use in my finger—I went to a surgeon, and he dressed it—I did not see that the prisoner had any knife—it happened in a box at the side of the room—he was trying to force his way through me into the parlour.
Cross-examined by Mr. LILLEY. Q. He may have been drinking when he came in at 5 o'clock? A. Yes; he showed signs of it—I served him with a quartern of rum in the parlour, and he might have had something in front of the bar—he used the abusive language without provocation—when he returned again there were five or six persons in the passage—he wished to return to the parlour, and I hindered him—I did not see any pigtail tobacco in his hand before the scuffle—I swear positively he had none; I saw both his hands in the passage—I did not see any knife in his hand—I swear he had not one in his hand before the scuffle commenced—he was not a minute in the passage before I endeavoured to obstruct his going into the parlour—he did call for something to drink at the bar, but mistress would not serve him because she did not want him in the house—I cannot tell whether he had had anything between the time of his leaving the house and coming back again—I have seen him once or twice before in the house—I was in the parlour when the bad language was used—I was in and out—I did not see any one assault him—I do not know that he went out to get a policeman—no one struck him when he came back.
Mr. BIRNIE. Q. Did he use violent or abusive language? A. Abusive—he had had no provocation to use it—the women never spoke to him—when he came back no policeman came with him.
GEORGE MILLER . I am a labourer, and live at No. 3, Duke-street, Stamford-street, Lambeth. I was at Mr. Hobbs's on 6th Feb.—I went into the taproom at about half-past 7 o'clock—about 9 o'clock I heard a noise in front of the bar, went out, and saw the scuffle between Williams and the prisoner in a side box—Williams was trying to get the prisoner out, and the prisoner
had got hold of him, trying to get in—I heard Williams say, "You shan't go in," and he called out directly," He has got a knife"—the prisoner was pulled off Williams, and I saw the blade of a small pocket knife in his right hand—Mr. Hobbs called me to fetch a constable, and told Williams to go to the doctor—there was no policeman present—I went with Williams to the doctor, and saw the doctor dress a wound on his knuckle, and one round the wrist—his hand was covered with blood.
Cross-examined. Q. What caused you to be in the passage? A. I was in the taproom, and came out to see what the noise was—they were then scuffling—I saw the blade of a knife in the prisoner's hand, about two inches and a half or three inches long—I saw it for about two minutes—I have worked for Mr. Hobbs, the landlord, and Mr. Mayer, at the ginger-bleaching, taking it from the rough state and making it white.
GEORGE PURKISS (policeman, M 84). On the evening of 6th Feb. I took the prisoner into custody in Gravel-lane—I searched him at the station, and found this knife (produced) in his trowsers pocket—there were marks of wet blood on it—the prisoner's right hand had a good deal of blood on it—he was very drunk—at the station the prosecutor had his right hand bound up.
Cross-examined. Q. Did you see any injury on the prisoner's hand? A. No; he had a blow on his face—I cannot say whether it was pig's blood or man's blood.
JOHN BUCK STEDMAN . I am a surgeon. I dressed the prosecutor's hand on this night—I found one incised wound on the wrist, and another across the knuckles—the extensor tendon of the fore finger was cut; he will only recover the partial use of it; there is partial loss of power in the finger—the wrist is now perfectly well—a knife of this kind would be sufficient to make such wounds—the prosecutor was perfectly sober.
Cross-examined. Q. Does the tendon lie over the knuckle? A. Yes; a slight incision would cut it, but there must be some force attached to it—the tendon lies very superficially—a very deep cut cannot be made on the back of the hand—he has been under my care almost to the present time; I dressed his hand two days ago—any cut on the tendon requires considerable time to heal—the cut on his wrist was very simple—I do not know that it is absolutely necessary for him to have his arm in a bandage.
Mr. BIRNIE. Q. Is it useful? A. Yes, but not absolutely necessary—although the tendon lies near the surface, a certain degree of force is necessary to sever it. (The prisoner received a good character.)
GUILTY of unlawfully wounding. Aged 22.— Confined Three Months.
MESSRS. M.PRENDERGAST and POLAND conducted the Prosecution.
HENRY DAVID GREEN . I am clerk in the employ of Chaplin and Horne. On Saturday, 29th Jan., I was returning from the City, and was in High-street, in the Borough, about 9 o'clock in the evening—I was rather the worse for liquor, but I knew what I was about—I saw the prisoner just before I got to the Town-hall, and we went, conversing together—I had had no acquaintance with him before—we walked on, and went to the Swan Inn, in the Dover-road, kept by Mr. Speechley—we there had each of us a glass of wine—I paid for it—when we left the Swan Inn, I went towards home,
across Trinity-square, to Horsemonger-lane—the prisoner went with me; when we got to Horsemonger-lane, we went to an oyster stall—that was about five minutes' walk from the Swan—we each of us had some oysters—I paid for some of them—we left together for the purpose of going home—I did not count what money I had when I left the oyster stall, but I know when I left the City I had a sovereign in gold, and some silver—I had not changed the sovereign when I left the oyster stall; nothing happened till I got close to the pavement of the house where I live, which was about a minute's walk—the prisoner then grasped me by the throat, and threw me on my back—he thrust his hand into my pocket—he grasped me so tightly that I thought I must have been strangled—all the next day I could take nothing but a little sago—when I got inside I missed my money—all the money was gone out of this pocket, which is the one that the prisoner's hand was in, and it is torn—I am as certain that the prisoner is the person as I am of my own existence.
Prisoner. Q. What did you speak to me about first? A. I am sure I cannot tell; I certainly was not sober—I cannot tell whether I pushed up against you in a crowded place like the Borough—I do not remember pushing against you, and saying, "I beg your pardon; what will you have to drink?"—I remember going to a publichouse with you—I do not remember your saying," I can pay for what I want to drink myself"—I have said the same now as I said at the police court—(the witness's deposition was here read, at the prisoner's request, and agreed with his evidence.)
COURT. Q. How long were you with him altogether? A. It wanted 10 minutes to 10 o'clock when I got home, and it was about 9 o'clock when I met him by the Town-hall.
SAMUEL KETCHLER . I keep an oyster stall, in Horsemonger-lane. I was at my stall on the evening of 29th Jan.—Green and the prisoner came to my stall about 10 o'clock—they had some oysters—I opened 6d. worth first, for which the prosecutor paid—I then opened 3d. worth more, for which the prisoner paid—the prisoner then took the prosecutor by the arm, and led him down the road—I saw them cross over to the square—I knew the prisoner when I saw him again, because he had got a black eye.
THOMAS RICHARDS (police sergeant, M 10). I apprehended the prisoner on the following Sunday, 30th Jan., in the Dun Horse, in High-street—I said, "Barney, I want you"—he came to the door, and I said I wanted him, on a charge of highway robbery—he said, "I know nothing about it"—I said, "I mean that man that you were drinking wine with at Mr. Speechley's last night"—he said, "I did have a glass of wine with the man, but I left him at the door"—I found one shilling on him.
Prisoner. Q. How was it you did not take me on Saturday night, when you saw me at the White Swan? A. I did not see you there—if I had I should have taken you.
Prisoner. The man who took my money for a counsel is not here.
GUILTY . Aged 28.— Transported for Ten Years.
BINGHAM pleaded GUILTY . Aged 22.
CONNOLLY pleaded GUILTY . Aged 18.
Confined Twelve Months.
BARRETT pleaded GUILTY . Aged 2.
SMITH pleaded GUILTY . Aged 19.
Confined Six Months.
GUILTY . Aged 17.— Confined Six Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
ALFRED COBHAM . I am a butcher, and live at Commercial-terrace, Peckham. On 20th Jan. the prisoner came for half a pound of pork sausages—I served him with ten ounces, which came to 5d.—he gave me a shilling in payment—I perceived that it was a counterfeit as it lay on the counter—I bent it with my ringers, and told him it was counterfeit—he said he was not aware of it; he took it in the City, but he did not know where—he offered to pay me with a good half crown, which I refused—I detained him till a constable came by, and gave the shilling to him.
WILLIAM BALE (policeman, P 258). I received this shilling from the last witness—I took the prisoner—I found on him a half crown, a shilling, and a sixpence—he was taken before a Magistrate, and discharged on the 22nd.
ELIZA TOPHAM . I keep a tobacconist's shop, in Westminster-road. On 25th Jan. the prisoner came for half an ounce of tobacco—he gave me a shilling—I thought it was bad, and I showed it to a person near me—he bent it in my sight, and gave it back to me—it was the same that I had given him—I told the prisoner it was bad, and he offered me a good half crown—I sent for a constable, and gave him the prisoner and the shilling—it was about 6 o'clock in the evening.
THOMAS BALDWIN (police sergeant, L 13). I took the prisoner on 25th Jan.—I received this shilling—I found one good half crown in the prisoner's hand, and at the station I found three good sixpences under his tongue—I asked him what he put them there for—he made no reply.
Prisoner. I did not know they were bad at the time.
GUILTY . Aged 17.— Confined Six Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
THOMAS WARD . I keep an oyster stall, in Temple-street, St. George's-road. On 24th Jan. I was at my stall, and the prisoner came and had 2d. worth of oysters—he put down a shilling to pay—I had no change—I went to a public house to get change—I gave the shilling to a person in the public house—he gave me change, and I took it to the prisoner—while I was giving him the change the person to whom I had given the shilling came out of the public house—he said, "This is a bad shilling"—I pointed to the prisoner and said, "This is the person who gave it me"—the prisoner said, "Here is another," and gave it—it was given into two people's hands, and that was a bad one—I called a policeman, and he took the prisoner—I gave him the second shilling that the prisoner gave me.
GEORGE LAMPARD . I am conductor to an omnibus. On 24th Jan. the last witness asked me for change for a shilling, and I gave it him—he went out—I examined the shilling, and found it was bad—I went to him, and he pointed to the prisoner as the man who gave it him—the prisoner then gave
Ward another shilling—I took it from him—I said, "I am not going to lose a shilling"—I took it and gave it to Hazel, and he said, "This is not a very good one."
COURT. Q. How soon did you go after Ward? A. Almost as soon as he had closed the door—I had not put the shilling away.
JOHN ALLINGHAM (policeman, M 246). On 24th Jan. I was passing the oyster stall—I took the prisoner for passing two shillings—I received one of these shillings from Ward, and one from Hazell—I took the prisoner to the station, and found on him a counterfeit shilling in his right hand pocket, and 5s. 11 1/2 d. in good money—it was in 3d. pieces, 4d. pieces, sixpences, one good shilling, and 10 1/2 d. in copper.
Prisoner. I worked for a person at the water side; I am a poor working man; I do not know where I took the money.
GUILTY . Aged 24.— Confined Twelve Months.
MESSRS. SCRIVEN and ADDISON conducted the Prosecution.
GEORGE WHITTAKER . I am a cheesemonger—the prisoner came to me on 31st Jan.—and asked for a quarter of a pound of 10d. butter—I served her; she gave me a shilling; I found it was bad, and cut part of the head off and returned it to her—she said I was liable to get punished for defacing the Queen's coin—she left the shop, and was given into custody shortly afterwards.
JOHN WILLIAM BEAUMONT . I am shopman to a fruiterer, at Walworth. On 31st Jan. the prisoner came between 6 and 7 o'clock in the evening to purchase two oranges; I served her, they came to a penny—she offered in payment a shilling; I called Mr. Witham, my master, I gave the shilling into his hand—I had tried it with my teeth, and considered it was bad.
WILLIAM WITHAM . I keep this shop. The last witness called me on the evening of the 31st Jan., he asked me to look at a shilling which he thought was bad; I looked, and said it was bad—the prisoner was there, she said she did not know it was bad; it was what she had been taking for work she had been taking home, and she was a dress-maker—I said I knew her face, she had been in my shop last week; and after she was gone I found she had given me a bad shilling—I sent for a constable, gave the shilling to him, and gave the prisoner into custody.
Prisoner. Q. Why did not you give me into custody the first time? A. I was not aware till you were gone that the shilling was bad.
JOHN HOLDAWAY (police sergeant, D 4). I took the prisoner on 31st Jan.—Mr. Witham gave me this shilling, which I have kept ever since; as I was taking the prisoner to the station, I passed the shop where Mr. Whittaker was serving, he called me in and asked me if I had the prisoner in custody for passing bad money; I replied that I had—he told me she was there half an hour previous, and attempted to pass a bad shilling to him—the prisoner said she had not been in the shop.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Six Months.
MESSRS. SCRIVEN and ADDISON conducted the Prosecution.
HENRY CROCKER . I keep the Half-way public house, in Webber-street, Blackfriar's-road. On 27th Jan. I was called by my wife to give change—I came into the bar, and I saw Richardson and Spring there, with another, whom I cannot recognise positively—I saw a half sovereign lying on the counter, close by the side of the prisoners—my wife said, "Change this half sovereign"—I took it and tried it, and it was a good one—I put it down, and Richardson said, "Here, governor, put that back, I will pay you for that, "and he put his hand in his pocket—hearing that I did not change the half sovereign, I left it for a moment on the counter, and a gentleman on the other side said, "Draw me a glass of ale"—I served that customer, and then my attention was called back to the half sovereign; I said, "Who is going to pay me?" and Spring said, "Here governor, take it out of this," and he pushed the half sovereign towards the edge of the counter, where I stood—I took it up and placed it in my purse, where I had no other gold; I gave the change to Spring, and they went away immediately—'they had drank some of the ale which they had ordered, but left the greater part, and my suspicion was excited—I took the half sovereign out of my purse and tried it in the detector, and bent it in half (I had tried the first half sovereign in the detector and it was good)—I bent it back again, and put it in my purse, and the next morning I took it out of the purse and put it in my desk—I kept it by itself, under a glass first; I afterwards took it up stairs, and put it in my desk.
Cross-examined by Mr. RIBTON. Q. What time of the day was this? A. Between 5 and 6 o'clock in the evening; I do not do a great deal of business, I had only opened about five days—I had not had many people in the morning—I had taken a few shillings—this is the half sovereign—when my wife called me, Spring and Richardson were in the shop—I cannot swear to the other person—the half sovereign was on the counter—I cannot tell who put it on the counter, it was there when I came—I did not see it taken up, but while my back was turned it must have been changed—I gave 9s. 9d. change to Spring—my wife is not here—I cannot tell whether the prisoners came in together—they did not drink all the ale, they might have drank one-third of it—it was sixpenny ale—it was not sour—I did not taste it myself; this was on Thursday—on the first day I said, in mistake, that it was Friday, but when I went home I found it was on Thursday—I took the half sovereign out of my purse again in about a minute and a half after the prisoners were gone—I had my purse in my pocket, there was no other gold in it, only silver—when I took the half sovereign out, I tried it, put it back again, and after a little while I took it out, and my uncle tried it—he is not here—I afterwards gave it up to the constable on the Monday week, or the Monday fortnight afterwards—I think it was the Monday fortnight.
Cross-examined by Mr. HORRY. Q. You were serving somebody else? A. There was one customer on the other side of the partition—I gave the change to Spring, I am quite sure it was him—I am in some doubt about Wells, because he stood behind; I had never seen either of them before—they were only there two or three minutes.
Mr. SCRIVEN. Q. How many persons were there drinking? A. Three; I am quite sure of that—they all went away together—I marked the half sovereign myself the same night, before my uncle came in at all.
Mr. RIBTON. Q. You had never seen Richardson before? A. No; I can undertake to swear he is the man.
JANE GALLANT . I am barmaid at the Bell public house, in Friar-street Blackfriars-road. On 5th Feb., between 4 and 5 o'clock, the three prisoners came in together—Richardson asked for half a quartern of gin and cold water—he threw down half a crown to pay for it—I took it up, and saw it was good by looking at it—I did not put it in the detector—I can tell by looking whether it is good or bad—I am in the habit of taking a good deal of money—when I had taken the half crown, Spring said, u I will pay for that gin," and he tendered me 2d.—I was going to take up the 2d., and Richardson said, "What are you going to do?" I said, "To take the 2d."—he said "You shan't do that," and he tendered me a bad half crown in place of the good one which he had taken up—I could see the difference between the two half crowns, because we have had that done so frequently before—I told him of it at the time, and gave the bad half crown back to Richardson—Richardson said to Spring, "What did she say?" or words to that effect—I am not very quick of hearing, I only hear on one side—Richardson took up the half crown, Spring paid me 2d. for the gin, and they all went away together.
Cross-examined by Mr. RIBTON. Q. Did you ever see any of the prisoners before? A. No; it was between 4 and 5 o'clock—the gas was lighted—I do not think the prisoners were more than two or three minutes in the shop—two or three other persons were in the shop—I afterwards saw the prisoners at the Court—the policeman fetched me there—he came between 11 and 12 o'clock—I had been saying before about three persons coming in and offering good money and changing it for bad, and he came and told me he had got some persons, and wished me to come and see them—he said. "I have got three persons in custody, come and see if you know them, or can identify them," or words to that effect; and when I went down, I saw them in custody—the prisoners came on Saturday, 5th Feb., and the policeman came on the Monday following—I am certain the prisoners are the same persons
JOHN HANCOCK . I keep the Bridge House public house in the Borough-road. On 5th Feb., between half past 4 and 5 o'clock, the three prisoners came together—Spring called for a pint of porter—I got it, and Wells offered me in payment a good half crown—I took it, and put it into the till—Spring then said, "I will pay for it"—I then took the good half crown out of the till again and gave it to Wells—at the same moment I put the good half crown in his hand he tendered me another half crown, and said, "I will pay for it, don't bother with him"—I saw it was not the same half crown, and I said, "This is not the same piece you gave me"—he made no reply—I had a detector by my side—I tried it, and very nearly pinched a piece out of it—I said, "What do you mean by coming and offering bad money in this manner? you are a set of scoundrels, and for two pins I would give you all into custody"—Richardson went out with the pint pot and came in again, and then he went out again—I gave the prisoners into custody—I followed them when they went out, and gave Wells into custody first, and the other two afterwards—when I came back, Barrett was giving a bad half crown to my wife which he said he picked up in the road—I took it, and gave it to the officer Maynard—I returned the bad half crown to Wells.
Cross-examined by Mr. RIBTON. Q. Who put the good half crown on the counter first? A. Wells; I put it in the till—I gave it back to Wells, and I also gave him back the bad half crown—Richardson was standing at the bar, drinking—I got paid for the porter about three minutes after I gave back the bad half-crown—I gave Wells into custody first—the other two followed to the station—they did escape at first; after I had said I should give them into custody to the first policeman, they went out—I went after them, and collared
Richardson—Wells was in custody, and the other two were walking rather sharply away.
Cross-examined by Mr. PAYNE. Q. You put the half crown in the till that you say Wells gave you? A. Yes; I did not serve anybody else before I took it out again—I had not done anything; for at the same moment Spring said, u I will pay for it"—I know I took out the same half crown, from the circumstance of there being no other half crown in the till; there was only two shillings in it—after I told them they were a set of scoundrels they remained about three minutes drinking their beer.
THOMAS BARRETT . I am a shoemaker, and live at No. 8, Elizabeth-place, Waterloo-road. I was in Mr. Hancock's public house on the 5th Feb.—I saw the prisoners there between 4 and 5 o'clock—I am sure they are the same men—I heard Wells call for a pint of beer—I did not see him put down anything to pay for it; but I heard Spring say "No, do not do that, I will pay for it," and Wells said "O, never mind, I will pay for it"—I saw them drink the beer, and Richardson went out—Mr. Hancock sent for a policeman, and he said, in Wells' presence, "Look after that man, he has got had money about him"—the policeman came across the road and passed Wells, and Wells threw something out of his hand by the side of him; I went to the spot where he threw it in two or three minutes afterwards, and found a half crown, which was bent and broken—I went in to Mrs. Hancock, and was about to place it in her hand, and Mr. Hancock came out of the room, and she gave it him; he said "This is the half crown I bent. "
Cross-examined by Mr. PAYNE. Q. How near were you to Wells? A. I was on the pavement, and Wells Was in the road—the policeman had just passed him, and when he came up he said to Mr. Hancock, "Which man, Sir?" and he pointed out Wells, and the policeman went and took him.
WELLINGTON WEBSTER (policeman, A 468). "I took Wells on 5th Feb.—Mrs. Hancock told me to take him—I observed his right hand was clenched; I opened it, and found in it a good half crown; I put it in my pocket—I saw Richardson and Spring, and when I had taken the money from Wells, Spring came up and asked if it was not a good half crown; and I asked what it was to him, and told him to mind his own business—a man on my right drew my attention to Richardson, he said "I believe that man has got a bad half crown in his right-hand trowsers pocket—Richardson made some remark to the man, and I wished Richardson to turn that pocket' out, which he did, and there was nothing in it—I took Wells to the station, and there he said that he did not know the other prisoners—I received a counterfeit half crown from Maynard.
GEORGE MAYNARD (policeman, M 223). I received Richardson in charge on 5th Feb.—I took him to the station; I found nothing on him—he said he met Spring by the Elephant and Castle—Mr. Hancock gave me this half crown, which I gave to the last witness.
Mr. HANCOCK re-examined. This is the half crown I gave to Maynard.
RICHARDSON— GUILTY . Aged 30.— Confined Two Years.
SPRING— GUILTY . Aged 23.— Confined Eighteen Months.
WELLS— GUILTY . Aged 22.— Confined Twelve Months.
GUILTY . Aged 21.— Transported for Seven Years.
Before Mr. Recorder.
MESSRS. PAYNE and LILLEY conducted the Prosecution.
DANIEL SEARLE . I live in James-place, Lower-road, Rotherhithe. On the night of Tuesday, 1st Feb., I went to bed at 20 minutes past 11 o'clock—I was the last person up—previous to going to bed I saw that the house was all secure—I got up the next morning at a quarter before 8 o'clock—on going to the street door I saw it was open, and the key of the door, which had been left in the lock the night before, was on the end of the counter, and a piece of candle which the thieves had left behind—I looked at the shelves, and discovered the whole of the cloth had been taken—the shop was very nearly cleared out—what was there the night before was put down 150 yards of cloth, but there was more than 250 yards, worth more than 100l.—I went up stairs, and found the sitting room door open, and a window open over the door—I am quite sure that the shop door was fastened and locked the night before—beside the ends of cloth, some silk plush had been taken out of the window, and a waistcoat that was in the window, made up—two pieces of waistcoating were taken, and a figured velvet waistcoat—they had all been safe the night before—I had repeatedly seen the prisoners pass, and I know the features of them all—the piece of candle did not belong to me.
COURT. Q. How long before can you speak to having seen them? A. I cannot say; they live within 200 yards of me, and had to pass my house to go to market.
Cross-examined by Mr. SLEIGH. Q. Do you know that they carry on the greengrocery business? A. Yes; they hawk things about—I have seen them with fish and other things—I have never recovered any of my property—my house is in the parish of St. Mary, Rotherhithe; it is my dwelling house.
MARY ELIZABETH SEARLE . I am the wife of the last witness. I remember going to bed on that evening—I saw the windows of the front room over the shop closed—I fastened the room door as I went to bed—I did not look in the room—on the following morning I found the door and one window open, and there was part of a lucifer lying on the carpet.
LEWIS AUGUSTUS MAY . I live at No. 25, King-street, Rotherhithe. Mr. Dobbins keeps the house, my father and I are living in the house—I left home on that night about half past 7 o'clock—I did not go home again because my father would beat me, because I had hit little Dobbins—I played about the streets, and after that I went to sleep on Mr. Searle's step—it was a very foggy night—after I had been asleep some time, I awoke, and heard people coming from the play—there were torches in the road—I went to sleep again, and the biggest prisoner with the white coat (John Hughes) kicked me—I call him Doodleham—he said, "Get out of the way, what are you doing here?"—I said, "I am only sleeping here, Doodleham"—I knew him before by that name—he goes by that name—George Hughes and William Hughes were there—I call them both Doodlehams, and the other prisoner Nappy—they were all together—John Hughes told me to stand on one side, and I stood on one side, against the grocer's shop—there was a donkey-cart there, and John Hughes went to the cart and took a lantern out—the cart was on the kerb, at Mr. Searle's door—when John Hughes had got the lantern from the cart, he took it up against the spout—he struck one lucifer against the spout, that did not light—he struck another, and that did not light—the third one did light, and he lit the candle in the lantern-—he then told Nappy to go and
look out—Nappy said, "Where shall I go? and he said, "From Albion-street to Moor's school"—he then told George Hughes and William Hughes to go and look out at the Royal Oak, which is the contrary way to Albion-street—they then went away, and then George Hughes got on John Hughes' shoulder, one foot on his shoulder and one on the spout, and he got on the ledge of the cook's shop window, and then he went on the ledge of Mr. Searle's shop, opened the window, and got in—after he got in, John Hughes got on the lower part of the spout and handed him up the lantern—John held it up, and George leaned out of the window and took bold of it—the candle was alight in the lantern then—John Hughes then stood at the door, and George Hughes came down and opened the door, and said to him, "Come on"—George had the lantern with the light when he came down—John Hughes went in—I cannot say how long he remained in the place before I saw him again—I think it was almost twenty minutes, it was a good while—John Hughes then came out with a great big bundle; one of them had hold of one end of it, and the other the other end—John came out first with his end, and they put the bundle in the donkey-cart—George then went in the house again and brought out a paper parcel, and put it in the donkey-cart—George had the lantern when he came out—the lantern door was open, and there was no candle in it—they left Mr. Searle's door wide open—George Hughes then drew the cart in the middle of the road, and whistled—it was still foggy—I was standing on the kerb when they drove away the cart, and I said, "I will tell"—John Hughes said, "If I give you a shilling will you tell?"—I said, "No"—he gave me a shilling, and then George Hughes drove the cart away up Albion-street—I know where they live, they live that way—I followed them up to their house, and the cart was drawn up there—they live in Eve's-place, Adam's-garden—just as they were leaving Mr. Searle's door they whistled, and little Doodleham and Nappy came, and they all went away with the cart—when they got to their door I turned round and walked away—I slept in Wright's cart, under a shed in Albion-street—in the morning I came to the cook's shop next door to Mr. Searle's and bought a 1 d. worth of currant pudding; I paid for it out of the shilling—a day or two afterwards I met William Dobbins; he said to me, "Have you heard about that robbery at Mr. Searle's?"—I said, "I know who done it"—I went to Mr. Searle's shop with William Dobbins and a lot more boys, because young Dobbins asked me to show him which way they got in—I did not go in the shop, only outside—Mrs. Dobbins came to fetch me, and took me to the station, and I told the sergeant—I am fifteen years old—John Hughes had on a butcher's coat at the time of the robbery; the others had the same dress that they have now.
Cross-examined. Q. How do you get your living? A. By going to sea—it is about two months since I came from sea—I had been at sea six months—I was not sent to sea by my father—a captain named Brown came to our place; he asked me if I should like to go to sea, I said yes—I went in a vessel called the Byana—I do not know how to spell it—before going to sea I was living with my father.
Q. Have you never been out in service? A. No Sir, never—yes; I did not think of it—I have a bad memory—I was in service at Dr. Crutch's, in Deptford-road—I was errand boy to him for a fortnight—I left him because I was told one day to clean the chaise, and the water was so cold I could not keep my hands in it, and when he sent me to ray dinner I ran away—I cannot say how long that was before I went to sea—it was more than six months; during that time I was living at home—I will swear I was not turned away from Dr. Crutch's for an act of dishonesty—I have never been in custody of
a policeman for anything—I have been living with my father from the time of the robbery till this time—I have not slept with my father every night—when I did not sleep with him I was going with the captain—I went as far as Cardiff with him—I have been at home with my father ever since this robbery, and have slept every night since at my father's house—never out of his house but before that night—I slept out a good many nights—my father is a good kind father to me—I would not wish for a better.
Q. What occasion have you had to sleep out in stables and yards when you have got a good father? A. My father is sometimes going to beat me and I run out—on the night of the robbery I was sleeping on the door-step and John Hughes kicked me—I call myself a very honest lad—I would not have anything to do with the robbery for the world—I did not tell of this robbery immediately; when I had the shilling I was afraid to tell—I did not give any information while the prisoners were in the house robbing Mr. Searle, and lean tell you the reason of that—neither of them had hold of me. Q. Was there anything to prevent your running away from the door and calling "Police?" A. Yes; the two boys that were looking out, one was at one end of the street, the other was at the Royal Oak; I did not attempt to call out" Police" or give information while the two were in the house committing the robbery—I waited till they came out, and loaded the cart; I then told them I would tell, and when they gave me the shilling I took it and said nothing—it was on the evening after the robbery I saw young Dobbins—when I first saw the policeman and told him about it, it was on the Thursday evening in the station house—I told them about Eve's-place, and about the property being taken there—I went the next morning after the robbery to the next door to Mr. Searle's, and changed the shilling—I am in the habit of buying things there; they know me by sight—I cannot say what time it was—I know some lads named Slaughter and Pocock.
Q. Do you remember having a conversation with Slaughter and Pocock about this? A. Not with Pocock; with Slaughter, me and William Dobbins had a conversation; I know these boys (looking at them), they are both Slaughters—I had not a conversation with each of them about this matter; I had with the little one—I have always stated the same story that I have to-day about this matter, and that the prisoners were the persons who committed the robbery.
Q. Have you never said to Slaughter that you knew they were not the parties; that the Hughes did not do it, and those who did it were taller-built men than they; that you were sorry, and you would not have come against them but for the thought of getting something by coming to the Old Bailey? A. No; I did not say to the same effect to Pocock—I did not say to Pocock that what I said about the shilling was not true; I did not say a word of the kind—I did not say to Slaughter and to Pocock that I was sorry for what I had said about the shilling, that it was not true, for I had found it, and that all that had been given to me was 8d., and Ad. was given me by Mr. Noonan, and Ad. by a lady at the iron shop, near Mr. Searle's, the prosecutor—I saw Dobbins at the Greenwich, police-court; he went with me; I did not tell him I should want him as a witness-to help me on this occasion and that he need not be afraid, for he would not be put on his oath—Dobbins did not reply that he would not tell a lie for me or anybody else; not one word of the kind—I do not read or write.
COURT. Q. What did you say to Dobbins? A. When we were coming out of Mr. Dobbins', his mother said to me, "Tell the man what gives you the book that I should not like my son to take an oath," and I said to
young Dobbins, "Your mother says you are not to take an oath, she would not like it"—this gentleman (pointing to one) was standing by, and he said that we said something else.
Cross-examined by Mr. SLEIGH. Q. Did you not tell Dobbins that he need not be afraid, for he would not be put to his oath? A. No; he did not say he would not tell a lie for me or anybody else—I never had a diamond ring in my possession—I never was stopped at a rag-shop for offering a diamond ring—I never was stopped for offering a glazier's diamond; I never had one in my possession.
Mr. LILLEY. Q. You were about to explain the reason why you did not call the police? A. Yes; the big one (John Hughes) had a knife with a string to it, and he said he would cut my throat if I offered to move from the place.
COURT. Q. Why did not you mention that before? A. I was going to tell it, and he (Mr. Sleigh) would not let me.
WILLIAM NOAKES (policeman, M 15). I apprehended George and William Hughes on Thursday evening, 23rd Feb., at No. 4, Eve's-place, Adam-street, Rotherhithe—I told them they must consider themselves in custody, for breaking into Mr. Searle's house on Tuesday night, or early on Wednesday morning, and stealing a quantity of cloth—I told them to be very cautious what answer they made, for it was a very serious affair—George Hughes said, "I know nothing about it; I was at home and in bed that night by 8 o'clock"—William Hughes made no answer—shortly after I went to No. 3, Adam's-garden, I there apprehended Knapp—he was told, in my presence, that he was charged with breaking into Mr. Serale's shop on the night of Tuesday, and to be cautious what answers he gave—he said he knew nothing about it, that he was at home that night by 8 o'clock—I took him to the station—on the morning after the robbery, I went to the prosecutor's, I looked at the spout of the next shop, and found some one had recently put their foot on the ledge, and the zinc was bent down—there was an iron spout, and a joint in it about three or four feet from the door, and there was a mark, just a scrape or graze, on the edge of the spout, and on the ledge of the prosecutor's window I observed the mark of a pair of cord trowsers—there was the impression of corduroy on the sill of the window, in the settling of the dust and dirt, being wet—it was a broad mark, nearly half a foot—George Hughes had corduroy trowsers on when he was apprehended—John Hughes was brought to the station the same evening by another constable.
Cross-examined. Q. I believe persons like them are in the habit of wearing corduroy trowsers? Yes; it is not uncommon—John Hughes did not come to the station of his own accord—George and William made no resistance.
WILLIAM HUNT (policeman, M 247). I produce a butcher's coat, which I found in a tub in a stable, in Adam-street, Rotherhithe, belonging to John Hughes—I showed him the coat, and he said, "That is my coat;"
Mr. SLEIGH called.
EDWARD SLAUGHTER . I am fourteen years old—I get my living by working at a fishmonger's. I cannot read or write—I know this boy by the name of May when he comes to the shop—I remember seeing him on a Thursday evening since the robbery at Mr. Searle's, and having some talk with him—it was at the bottom of Princes-street; he whistled me out of the shop, and said he wanted me—I asked him what he wanted; he said, "My father hit me with the heel of his shoe, and turned me out"—he said he ran out of the door: he asked me where he could sleep—he had told me on the Wednesday
night about the robbery at Mr. Searle's—he said he was sorry that he had said the prisoner had given him the shilling, for that was not true, for he had found it.
ALFRED SLAUGHTER . I get my living by working at a coal-shed. I had some conversation with the boy May last Thursday—he said he would not have gone against the Hughes at all, but that he thought of getting some money by going to the Old Bailey, and that the men who did the robbery were taller and stouter built men than they.
Cross-examined by Mr. PAYNE. Q. Where do you live? A. In Adam-street, next door to Hughes; I have known them four or five months—I did not know the boy May at all till I saw him at the police court—it was in Albion-street he had this conversation with me—he was coming down to Mr. Pocock's, who goes about with fish—I told him that Pocock wanted to speak to him, and then it was he told me that Hughes were not the persons, and that he would not have gone against them, but that he thought of getting some money by going to the Old Bailey, and the men who did it were taller and stouter built men than they—I get my living by working at a coal-shed—I have worked there five months—I live next door to Hughes'—there is no relationship between my family and theirs—the prisoners bear a good character in the neighbourhood—they are hard-working chaps.
Cross-examined by Mr. PAYNE. Q. Did you never hear that George Hughes was tried at Maidstone in Aug., 1849? A. No; I will not swear that he was not—Pocock is brother-in-law to Knapp.
COURT. Q. You have lived next door to them five months? A. Yes; they moved in about five months next door to us—they came from Slater's-alley.
WILLIAM POCOCK . I live at No. 2, Eve's-place, Adam-street, Rotherhithe; I have lived there sixteen months; I am a general dealer. Since this robbery at Mr. Searle's, I had a conversation with May last Thursday evening, about 5 o'clock—he said he was sorry for what he bad said about the shilling; that he had said the prisoners had given it to him, for he had found it—he said 4d. had been given him by Mr. Noonan, and 4d. by a lady at the iron shop near Mr. Searle's.
Cross-examined. Q. You are brother-in-law to Knapp? A. Yes; May is no acquaintance of mine—I did not send for him to come to me; I am sure of that—I was having my tea last Thursday evening, and Slaughter came and called me out—I did not send Slaughter for May—Slaughter came and called me out.
Mr. SLEIGH. Q. Did the last boy come to you last Thursday evening? A. Yes; he came and called me out from having my tea—that was before I saw May—nothing passed between me and Slaughter as to my seeing May.
COURT. Q. When you were called out by Slaughter was May there? A. Yes; he stood against the gate—I had never told Slaughter that I wished to speak to May—Slaughter had come to me the night before, and said he was agreeable to go before the Magistrate—I believe the prisoners bear a very good character.
Cross-examined. Q. How long have you known George Hughes? A. I think about eight years; I cannot say I have never lost sight of him—he is in the habit of going in the country—he went to Maidstone, I believe he was confined there—I do not know how long he was there—I do not know what they said he had done—I heard he was locked up at Maidstone some time ago—I did not hear how long.
WILLIAM KEMSLEY . I am a cook, and reside at the London University. I have known the three Hughes ten years, they have been honest hard-working industrious lads—in fact, I had George Hughes at work for me about three years ago in Kentish Town.
Cross-examined. Q. Was that before or after he came out of Maidstone Gaol? A. I do not know anything about his being in Maidstone Gaol—I do not know for what length of time I have lost sight of him—I have not seen him every day nor every week—I have seen him once in three months—I never beard about his being in Maidstone Gaol—I have not lost sight of him more than three months to my knowledge—I will not swear that in the year 1849 he was not absent more than three months—I do not know anything about his being tried at Maidstone.
COURT. Q. When was it he worked foryouin Kentish Town? A. About three years ago; he was about four months with me—I kept a green-grocer's and fish monger's—he was with me in the year 1848; since then I have gone over there, but have had no particular opportunity of knowing him; only knowing him to be honest in my service—I never heard anything wrong of the others—I have seen John Hughes five or six times in the last two years—I have had no dealings with him—I know him from knowing his brother that is all.
Mr. SLEIGH to WILLIAM POCOCK. Q. Does Knapp live at your house? A. Yes; he has been lodging with me—I do not remember any occasion when he was away from my house beyond the usual hour—on Tuesday night, 1st Feb., he was at home about 5 o'clock—we had our tea, and sat till half past 8 or 20 minutes to 9 o'clock. I saw him to bed with a lad who lives with me, named Archer—I saw him in bed, and put the light out, and next morning they got up and went to market—I took the light from Richard Archer at night, from half past eight to 20 minutes to 9 o'clock—the next morning I came down with the candle alight just before 7 o'clock—between 6 and 7 o'clock I think it must have been.
Cross-examined. Q. What time did you go to bed yourself? A. It was close handy a quarter to 9 o'clock—I went to bed early—Knapp went to bed about half past 8 or twenty minutes to 9 o'clock, and slept till close handy 7 o'clock the next morning—there are two rooms in my house—my room is up stairs, and his room down stairs—I slept pretty soundly—all I know is, I received his light at half past 8 o'clock at night, and gave him a light in the morning—I cannot say whether he got up in the night.
COURT. Q. Were you at home when they took him into custody? A. Yes; I went before the Magistrate on the third examination—Knapp used to be with the Hughes' sometimes—I have seen him with them buying and wiling donkeys, and so on.
JOHN HUGHES— GUILTY . Aged 21.
GEORGE HUGHES— GUILTY . Aged 17.
WILLIAM HUGHES GUILTY . Aged 14.
KNAPP GUILTY . Aged 18.
On the following Friday the following witnesses appeared, and the Counsel not being present, they were examined by the Court as follows:
ANDREW SIMPSON . I live in New-street, Rotherhithe. I know the three Hughes'—I have known John Hughes about two years and a half—I keep a shop in the general line—I have employed him, and allowed him to sell my horse—he has brought me more money for it than I told him—I have employed him perhaps twenty times or twenty-five times to carry my goods—I would trust him with anything; he has borne the best character a young
man could have borne, to keep an old mother and father—he has never been a butcher to my knowledge—he usually wears a fustian jacket—I have seen him in a blue frock when he has been at dirty work—I have known George Hughes about two years and a half; he has been a steady honest young man—they live two or three doors from me—I have seen him about the street selling coke and other things—what I have seen of him he has borne a very good character—I have known him two years and a half—I never heard he was in Maidstone Gaol—on my oath I do not know that he was in Maidstone Gaol—William Hughes has always had the character of an honest good lad I would trust him in my premises and my stable—I have goods in my stable—they were in my stable four or five times a day—I never missed anything.
WILLIAM HOWARD . I am a carman, and live in Swan-lane, Rotherhithe. I am come to speak for William Hughes—he worked for me the last nine months—I keep two horses, and let them out for hire—he looked after my horses—he lived with me, but used to go home to sleep—he has borne a very good character—I never found him dishonest in anything—I gave him 1s. 6d. a week and his victuals—he slept at home, where his two brothers do—I went and called him on the morning after the robbery, at 7 o'clock, and he turned out—his father lives in that house, and another little boy, younger than him, and a daughter, a young woman; I should think she is twenty—the little boy, I should think, is ten—I used to call them at 7 o'clock in the morning—I saw them all turn out that morning—I have been acquainted with the other Hughes'; I never heard anything against either of them—I heard something of that at Maidstone—they said he stole a shawl, but I believe it was not him; it was the party that was with him—I cannot say how long that is ago; I never keep such things in my head—I was told of it the other day; at least, not the other day, I cannot tell how long it is ago——I do not remember his being absent from home.
THOMAS WILLIAM BARKER . I keep a general shop, in Adam-street, Rotherhithe. I have known the three Hughes very nearly two years by being in the neighbourhood—I have always seen them very sober, very industrious, and very persevering—from what I have hitherto heard they bore a very good character in the neighbourhood—they have been long in the parish—a great many individuals in the parish have signed a paper as to character—I did not know that George had been in gaol.
MARY BROWN . I am the wife of William Brown. He was in Court this morning—he is a furniture broker—he sells things in a private way—he has a counter, but he makes no show—he sells a few things, but we do not live by it—I know the Hughes to be honest hard working boys—I have known them ten years, and the other I have beard is a very industrious lad—I never heard anything against him.
Q. Have you ever heard that any of them were in gaol? A. I did—the boy was convicted that stole the article, and this boy was honourably acquitted, the other boy suffering the punisment of the law—this boy only gave him a ride in the barrow, and they were both taken—the boy suffered by the law that did it, and this boy was liberated.
Q. How came you to know this? A. The mother was a particular friend of mine, and she told me—she was a very nice old lady; she is dead, and the father is very aged and very infirm—he does not know what he does at times—his faculties seem to leave him at times, his mind seems in a state of derangement—there is a daughter—she is at home sometimes, and sometimes she goes out washing and cleaning—she sleeps at home sometimes, and sometimes at places where she works—there is a little boy in the house,
who sleeps with George and William—he has been present every day except this Judgment Respited.
Mr. ROBINSON conducted the Prosecution.
GEORGE ROUGH . I live at Wandsworth-common, and am a contractor. On Saturday, 22nd Jan., I had three horses in my stable, a black gelding, a black mare, and a brown pony—the mare was worth 22l., the gelding 25l., and the pony about 10l.—on Sunday morning, 23rd, my attention was called to my stable by my son, and these horses were gone; and I missed a harness, three bridles, two collars, two pair of hames, a backhand, and a whip—I have seen the horses since—I have seen the harness, the whip, and two bridles—they were mine.
GEORGE ROUGH, JUN . I live with my father at Wandsworth-common. On Saturday night, 22nd Jan., I saw the horses in the stable—there were six of them; there were a black mare, a black gelding, and brown pony—the pony was not in the same stable, but in a shed, which was open—a bar was placed against the stable door where the gelding and mare were—I left some harness in the stable—I have seen it since in Mr. Benson's possession—my brother saw the stable the next morning—there are gates to our premises—I went and found the gates were hooked.
WILLIAM ROUGH . I am brother of the last witness. On Sunday morning, 23rd Jan., I saw the stable door at a little before 6 o'clock—the bar was propped up against it, but at the side of the door, not in its proper place to fasten the door—I had not seen it the night before—I went in, and missed the black mare and black gelding—I have seen them since; they were shown by Mr. Benson, and were what I missed.
GEORGE JAMES . I lodged at the Antelope Inn, High-street, Wandsworth. On the night of 21st Jan. I saw the prisoners there in the taproom—I gave them a light to go to bed—that is about half a mile from Mr. Rough's—they slept in the same room that I did—they remained till 5 o'clock—they had breakfast and dinner there—I saw John Morrell change a sovereign—they said they had spent 11l. before they left London; that they had done no work lately, and did not intend to do any more.
Joseph Morrell Q. Did you ever see me before you saw me on that Friday? A. No.
THOMAS LEVY (policeman, V 142). On Friday, 21st Jan., I saw the prisoners in the furze on Wandsworth-common—they were going from the gravel pit of Mr. Rough towards the shed, about 200 yards off—I, suspecting they were Mr. Rough's men, took no notice of them.
JOHN BLACKLEY . I reside at Buntingford, in Hertfordshire, and am a baker. On Sunday, 23rd Jan., I saw the prisoners—they came and asked me if I would let them have a pint of beer—they had three horses at the White Hart public house—they had two black horses; I believe one was a mare, and a brown pony—Joseph Morrell asked me to buy the pony—I believe John Morrell was in the taproom—he could bear what was said—Buntingford is thirty-one or thirty-two miles from London—Joseph Morrell wanted 3l. for the pony—he said his master had no further use for it, and if he did not sell it he should put it to the hammer and sell it by auction—I at last gave him 45s. for it, and a pot of beer—I paid the money to Joseph—I am not certain whether John was present or whether he was outside—they then went away, taking the two black ones—each of them rode on one—I have since seen the pony in possession of the constable.
JABEZ RINTOR . I reside at Somersham, and am a horse dealer. On 24th Jan. I was at St. Ives' market—I saw the two prisoners there—one was leading a black mare, and the other a black horse into the market—I bought the black horse of John Morrell, and paid him nine sovereigns for it—he said he came from Puckeridge, that his name was George Morris, and he was a hay salesman—I asked him why he sold the horses; he said trade was bad; and he meant to sell these two, and buy one for less money—I have seen the horse I bought.
WILLIAM BENTON . I am a superintending constable of St. Ives. On 24th Jan, I went to the Ram Inn, and saw John Morrell in the parlour—the last witness was asking him to return some money which he had paid him for a horse—I asked him what his name was; he answered, "George Morris," that he was a bay and straw carter, and he came from Puckeridge—I asked him where he got the horses; he said he had had the horse two years, and he bought it at Stortford; and the mare eighteen months, and he bought it at Rochford—I asked him what his man's name was (the other prisoner passed as his servant)—he said it was Joe Saville, and he had lived with him twelve months—I took him into custody, and went to look for Joseph Morrell—after looking about the town for him, I met him at the Ram—I asked him his name—he said, "James Wall"—I asked him his master's name—he said, "John Goddard," and he lived at Puckeridge—he said he had lived with John Goddard about six months—I asked him where the mare was—he took me to a beershop outside the town, where I found it, and took possession of it—there was some harness on the floor in the kitchen, which he said belonged to the mare—there were two bridles and a whip; he said he had lived six months with his master, and his master bad had the horse ever since he had been there; and the mare he bought since—I took him into custody—when at the station, John Morrell gave the name of John Goddard—on the following Friday they both asked me to write a letter for them; they said they were brothers; and their names were John and Joseph Morrell—they wished me to write to their father and mother, at Whitford, in Hertfordshire; I said I would, and I wrote it—John afterwards said a man at Puckeridge gave him the horse and mare to take to St. Ives, and he overtook them again at Royston, riding on a pony—they said the man sold a brown horse at Royston, and they saw nothing more of in—I received the black horse from Mr. Botell; I showed it to Mr. Rough and his son, and also to Mr. Rintor, who bought it first—I received a pony from Mr. Bryant, the superintendent at Buntingford—Mr. Blackley, who bought the pony, has since seen it also—I showed that, and the whip and bridles, to Mr. Rough and his sons, and they identified them.
Joseph Morrell's Defence. We were at Puckeridge; a man came with three horses and asked us if we would go to St. Ives with them; we said yes; we stopped at Buntingford, and there we sold the pony, and just before we got to Royston he overtook us and sold a brown horse, and he gave us 10s., and told us to go on.
JOSEPH MORRELL— GUILTY . Aged 24.
JOHN MORRELL— GUILTY . Aged 30.
Transported for Ten Years.
(There were three other indictments against the prisoners).
ADJOURNED TO MONDAY, APRIL 4TH.