CENTRAL CRIMINAL COURT
Minutes of Evidence
CENTRAL CRIMINAL COURT.
CHALLIS, MAYOR. SIXTH 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, April 4th, 1853.
PRESENT—The Right Hon. the LORD MAYOR; Mr. RECORDER; Mr. Ald. MOON; and Sir ROBERT WALTER CARDEN, Knt., Ald.
Before Mr. Recorder, and the First Jury.
MESSRS. PARRY and LAWRENCE conducted the Prosecution.
(Mr. PARRY put in a certified copy of a judgment at the Clerkenwell County Court, in the cause of Alien v. Stone, also the summons, and other papers.).
WILLIAM STONE . I have been blind since 1829. I know the defendant by his having worked for the gentlemen I dealt with eighteen years, and I have dealt with him since—I carry on the business of a matmaker, at No. 1, Red Lion-passage, Red Lion-street, Holborn; the defendant is a ropemaker, in North-street, Limehouse-fields; I have dealt with him about four or five years—in the course of last year there were disputes between us as to the amount I was indebted to him—he claimed an amount from me—I remember his calling on me on the evening of 17th Aug. last, he brought me some goods—he had previously sent me an account or two that were incorrect; I told him that they were so, and I did not owe him anything, I believed he had rather overdrawn the amount, and that he was a little in my debt—on the 17th, when he brought the goods, I said, "Haveyoubrought me a proper account?"—he said, "No"—I said, "Why not bring a proper account with you?" He said to his boy, "Thomas, have you got a bill with you?"—he said, "Yes; I told you 1 bad two bills of Mr. Stone's"—he produced one of 25l. odd—I said, "I don't owe you this or any part of it, I believe"—my wife then went and fetched some receipts which I had by me; they were bills which I had paid Mr. Allen at different times, I believe there were as many as ten or eleven, or more—my wife brought them, and put one into Mr. Allen's hand, and he denied that he had receipted it—I said, "Why, man, you must be mad to say such a thing as that, you don't suppose that I would be guilty of getting any one to receipt it, of course I could not do it myself, because I am blind"—he said, "I did not sign it"—I
said, "Well, if you don't believe me, ask my wife"—he said, "Oh! as to you and your wife you will swear anything"—I believe my son-in-law put six bills into his hand after my wife had left the room—they were all paid he was looking at them, he did not make any remark—my wife went into the shop—my son-in-law was there all the time—I said to the prisoner, "I shall not think of paying money in this way"—he said, "Well, perhapsyouwill pay me for the goods I have brought in now?"—I said, "I don't know about that, I will tell you what I will do, because I want the thing fairly settled; if you are in want of a little money I will give you 2l. on this bill," and he took the 2l. and put paid to the bill; that was in part payment of the goods he brought then—I went upstairs and took two sovereigns out of my watch fob, brought them down, and gave them to him—after he left I missed the receipts, it was two or three, or it might be four minutes after he left—Hecalled on me again in two or three weeks—I did not then tell him that the papers were lost, what I said was, "Mr. Allen, I told you whenyouwere here last, that I did not owe you anything, and I brought my receipts down to convince you"—and he said, in a sneering way, "Can you produce those receipts?"—I made no remark whatever—my wife was there, I do not think she said anything; yes, she did, she was stooping down at the fire-place, and she said, "Oh, yes, them bills! there will be something else to be heard about them bills"—he called again in about another fortnight or three weeks, and I still adhered to the same thing, that I could not think of settling it in that way—I said, "Mr. Allen, you know I don't owe you this money, not a penny"—he said, "Never mind that, I will have it"—I said, "You will, will you?"—he said, "Yes, I will"—and I said, "Then if you have it, you will have it in an unjust way"—in Jan. last, I was summoned for 11l. 12s.; the Judge found a verdict against me for the amount and costs—I afterwards made a motion for a new trial, it was refused; I do not know whether it was refused by the same Judge that tried the cause; the application for a new trial was made by affidavit—I heard Allen sworn at the trial; I heard the oath administered to him—I heard him examined as to a sum of 1l. 4s. 11d.—he denied that he had ever signed the bill, and he denied ever having received the money—as near as I can recollect, he was asked if this was his hand writing, and he said, "No;" and if he had received that amount, and he said, "No"—in the particulars of demand there is an item of 1l. 4s. 11d. in April, 1852, for matting cord—I remember the payment of this money; I believe it was on Monday, 12th April, I am not positive whether it was Monday or Tuesday—he came to my house and brought some of the cord with him—I was down stairs at work, I came up, and said, "Well, Mr. Allen, you have brought my goods then"—he said, "Yes"—he came in and sit down; I said, "What is the amount, what have you brought?"—he said, "One cwt. and a few pounds over"—I said, What does it come to?"—he said, "1l. 4s. 11d."—I said, "Well, I may as well pay you this small amount, it is not worth while to let that stand"—he said, "I am much obliged to you"—I said to my wife, "Mary, go up and fetch me down a sove-reign:"she did so, and I said, "Now Mr. Allen, be good enough to receipt that bill, and I will give you the money"—he drew a chair up to the table, and I heard the pen going, and after he had written it he read it to me; "paid, J. Allen, April," (Prisoner, I am no scholar, I cannot read)—he read that to me—my wife was present—after he read it to me, he gave the bill to my wife, and said, "That will do"—and I said, "All right, Mr. Allen, hold your hand for the money?" he held his hand, and I put the sovereign into it, and put my hand into my pocket, and took out 5s. in silver and gave
it him, and he said, "I have got to give you a penny, and he gave me a penny out."
Cross-examined by MR. BALLANTINE. Q. How long had you had dealings with the defendant? A. I think about four years with him, and about sixteen or seventeen y ears with his master—I do not know that he was in the employment the whole of that time; I know he was a good part of it—I never had any question with his master about the payment of accounts; no action was brought, nor was there any dispute whatever—the amount of the bill which the prisoner brought in was 25l. odd, but I was summoned for 11l. 12s. 9d.—he gave me credit for 13l.—there was also 10s. found in my favour; he denied the handwriting to that, but the clerk of the Court compelled him to acknowledge it—the clerk said, "That will not do, because you have given the defendant credit for it underneath"—I attended by attorney, a solicitor of the name of Nuckey, who lives close to the Court—I had an attorney to move for the new trial—Mr. Sidney is the attorney conducting this prosecution—at the time I paid the prisoner the 1l. 4s. 11d. I cannot say what I owed him; it is a long time back—it was not so much as 10l. or 12l.—I do not believe it was anything of the kind—I have not had the bills examined—I did not owe him any such thing on 11 April; I cannot tell how much I did owe him—the reason I paid him the 1l. 4s. 11d. was because it was a small sum, and I have paid him other small sums—I owed him smaller sums—I cannot say why I paid him that particular sum; all I can say is, that he brought in the goods, and I paid him the sum, as I had done at some other times when it was a small account; the man wanted money—I do not know that this 1l. 4s. 11d. is one of the largest sums in the whole account; I think not—I do not believe it was an unusually large bill—I believe there were frequently as large; I will swear it—I will swear that in the last year. there have been half a dozen at large—they were not usually sums varying from 13s. or 14s. to 6s. or 7s.—I was examined at the County Court—they would not let me tell the whole story there as I have told it here, the clerk of the Court stopped me; there are other witnesses who know the same—I was telling the story, and the clerk of the Court rose up and said, "Oh, I see the Court must settle this business, we shall be here all day; you must pay 2l. a month;" and the Judge made only one remark—the clerk of the Court addressed these words, whether to me or not I do not know—I believe it was the clerk of the Court, it was not the Judge—the clerk settled the business; he never heard one witness on either side—I swear that not one witness was heard on either side—Allen was examined—I swear they did not examine any of my witnesses—Allen was examined, and his boy was called; he only asked his boy if that was his writing, and he said, "No"—I had an attorney; he ought to have known what he was about—I cannot say whether he did; at all events, he said to the clerk, "Perhaps you will hear the defendant's witnesses;" and I got up into the witness-box, and was sworn—Allen had no attorney—I was not examined by my attorney, he only asked me just to make a statement of the case—my wife was not called, nor my son-in-law; they were there—they joined in the affidavit to obtain a new trial.
MR. PARRY. Q. Are you quite sure that the clerk of the Court made the observation you have mentioned? A. My friend, who is one of the witnesses here to-day, told me that it was the clerk of the Court, Mr. Cheer—Mr. Serjeant Jones was not there that day, I believe he was ill; it was a very elderly gentleman who was the Judge, so my wife told me; I do not know his name—I brought my witnesses there for the purpose of being examined—we wore not heard at all upon the new trial.
JURY. Q. When did you miss the papers that were brought down? A. Three or four minutes after the prisoner left my house; I did nothing then, I thought it was most wise to be quiet on that matter.
MARY ANN STONE . I am the wife of the last witness. I know the defendant—in the autumn of last year there were disputes between him and my husband as to the amount that was owing—I recollect his coming there on 17th Aug., and there was an altercation between them respecting the amount of money—I was not in the room the whole of the time—I fetched some papers down to convince Mr. Allen that there were bills that had been paid and receipted—I think there were six or eight papers—I brought them down for them to convince each other which was right and which was wrong; with that T had nothing to do—I told the prisoner that that bill had been paid—that was one which he held in his hand—he told me he had not signed it—I told him he had—my son, Joseph Edridge, was there; he is my son by a former marriage—that was all the part I took in the matter—I afterwards left the room to attend to my business—directly after the prisoner was gone 1 missed the papers, within a very few minutes—I have never seen them since—I was present when the prisoner called again—I cannot say how long that was after 17th Aug.—he said he had called for some money, he wanted some money—my husband said, "Then you will have none of me till I have a right account; bring me a bill of that which I do owe, not of that I don't owe"—Allen said, "Can you show your receipts?"—my husband did not make any answer to that, only told him he should have no more money till he brought a right account; he was sure he owed him nothing if things were made correct—I believe he afterwards called again—my husband was afterwards summoned to the County Court—I heard Allen sworn and examined—I know this bill (looking at one)—that is one of the bills that was paid; it was produced at the County Court; that bill was paid in my presence—I know this bill (another); it is for 10s.—it was shown to Allen, and he denied receiving the money, or signing the bill, on his oath; but eventually the 10s. was allowed to my husband—it is in Allen's handwriting, the whole of it—I cannot say that I remember the payment of this 10s. and 1l., as there had been various payments—I cannot write, but I can read any writing in the English language—I mean, either written or printed—I know this to be Allen's writing, because he wrote it in my presence—I have seen him write repeatedly, and heard him repeat what he has written; his general way was to sign it, and say to my husband what he had written, and ask him if that would do—I believe these receipts at the back to be Allen's writing—I remember the payment of this 1l. 4s. 11d., it being on a particular day—there was no one else in the room but my husband, myself, and Allen—my husband told me I must fetch him some money down stairs—I said, "How much?"—he said, "If you fetch a sovereign that will do, as I have a little silver in my pocket"—I fetched the sovereign, and placed it in my husband's hand, and he held it while Allen signed the bill—I handed the pen and ink to him, and saw him sign the bill—after he had written it he read it to my husband; and he paid him a sovereign, and 5s. in silver, the odd penny was to be settled in a pot of beer; that was the way in which it was paid—I am quite positive that on that occasion my husband paid him the money, and that I saw the prisoner write that, and read it after he wrote it—I was present in the County Court—I was not examined; I was there, ready to be examined, and my son also—I do not know how it was that we were not examined, there was no witness called on either side—Allen was called, and put on his oath—there was no person called but Mr. Allen—I cannot say why we were not called—I did not hear any particular
observation made by anybody—the clerk of the Court appeared in a great hurry—my husband got into the witness-box—he was asked questions respecting the business, and answered—he was examined, and he denied that be owed the money—no witnesses were examined, the clerk appeared in a hurry—the observation he made to Mr. Nuckey was, "We can't be detained here all day over this," and he told my husband that he must pay 2l. a month—that was Mr. Cheer—I do not know who the Judge was
COURT. Q. Are you quite sure of this? A. I am quite sure of what I have stated—my husband did not offer to call any witnesses.
MR. PARRY. Q. Was Mr. Nuckey there as attorney for him? A. He was; he paid Mr. Nuckey to attend.
Cross-examined. Q. Did Mr. Nuckey offer to call witnesses? A. No; Mr. Cheer was in such a hurry that he would not allow it.
COURT. Q. What do you mean by that? A. I mean he appeared in a hurry to have the business over, and he said, "We can't be kept here all day over this"—it lasted a very short time—I do not know whether the attorney informed the clerk that there were witnesses to examine.
MR. PARRY. Q. In what part of the Court were you when the matter was going on? A. Where the spectators stood—that is not at the back part, it is in front of the boxes.
MR. BALLANTINE. Q. Up to what time did your husband and Allen have dealings together? A. Up to 17th Aug.—there were no dealings after that, to the best of my knowledge, I will not say positively—I had told our attorney all about this receipt.
JOSEPH THOMAS EDRIDGE . I am the son of Mrs. Stone, and live with her and her husband. I know Allen, and that he had dealings with Mr. Stone—there were disputes in the autumn about the accounts—I recollect Allen coming on 17th Aug.—I was present the whole of the time he was there—there were six or seven receipted bills brought down stairs, and given into Allen's hands—he read them over, and disputed one of them—before they were fetched, Allen said he should like to see them; and when my mother brought them down, she said she had brought all the bills and receipts; she gave them to me, and I spread them out on the table, and handed them to Alien, one at a time—after Allen left I missed those receipts; I have never seen them since—I was not present when he called afterwards—I can read and write—I saw this receipt for 10s. and 1l. on the back of one of these bills at the County Court—I heard the clerk of the Court ask Allen if this was his handwriting, and he said it was not—the 10s. was eventually allowed by the clerk, Mr. Cheer—I believe it to be Allen's writing, and this other bill also—I have got a bill of his in ray pocket—I have seen him write several times—I gave him a pen and ink to write that—I was present whilst this case was beard at the County Court—I was not examined, or my mother; only Mr. Stone—I heard Allen examined, and he asked his son if he ever wrote a receipt to a bill—he said, "No"—I have seen the son here to-day outside; he is fourteen or fifteen years old—I was at the Court, ready to be examined—I cannot tell why I was not—the clerk of the Court hurried the case on all he could—he asked Mr. Nuckey for the bills, to get on with it as quick as he could—he said he should be kept there all day.
COURT. Q. What time of the day was this? A. About 1 o'clock, I should say, or between 12 and 1—I did not see any note of the evidence token by the Judge; the Judge did not have anything to do with it.
JOHN ARNOTT . I am a friend of Mr. Stone's. I went with him to the County Court—his wife and her son were there, ready to be examined—Stone was examined partly—I paid great attention to what passed—Mr. Cheer, the clerk of the Court, stopped the case—he said to Mr. Nuckey "It is no use to go on like that; we shall stop here all night; the Court must decide this;" and he said, "You must pay 2l. per month"—all that came from Mr. Cheer, the clerk of the Court—the Judge sat there, and made no observation whatever.
COURT. Q. Who was being examined when Mr. Cheer said, "It is no use going on in this way?" A. Mr. Stone—allow me to say that Mr. Cheer asked whether there were any witnesses for the defence—Mr. Nuckey said "Yes, Mr. Stone's wife, his son-in-law, and another friend," which was myself—Mr. Cheer made no observation then—he asked about the witnesses after he said the Court must stop it.
MR. PARRY. Q. Mr. Nuckey was acting for Mr. Stone? A. Yes—he did not insist on the witnesses being examined—I remember the questions put to Allen—I heard him say that the receipt was not in his handwriting, and I heard him deny ever having received the money. (The prisoner received a good character.)
NOT GUILTY .
EDWIN WHITE . I am an auctioneer, of Bishopsgate-street Without. On Saturday afternoon 25th March, I was in Gresham-street, and felt a tog at my pocket, I turned round and saw the prisoner walking away with a canvass wrapper over his shoulder; I walked after him and he immediately began to run; I ran after him, calling "Stop thief!" he pulled the wrapper off his shoulders and threw the handkerchief away; I picked it up—this is it (produced); it is mine.
RICHARD GALLAHAN (City policeman, 449). I heard a cry of "Stop thief" in Gresham-street West, and saw the prisoner running rapidly on the opposite side of the way—I stopped him and took him to the station; I found a handkerchief on him, and afterwards received this handkerchief produced from Mr. White.
GUILTY . Aged 23.
(The prisoner was further charged with having been previously convicted.)
HENRY THOMAS JOHNSON (policeman, S 87). I produce a certificate (read—Central Criminal Court, Joseph Briggs, Convicted Feb. 1844 of stealing flannel; confined two months)—I was present; the prisoner is the man.
Benjamin Adams and Henry Webb, City police officers, deposed to the prisoner being a trainer of young boys, as thieves; and to his having beet several times summarily convicted. Transported for Seven Years.
MESSRS. BODKIN and POLAND conducted the Prosecution.
WILLIAM THOMAS MIDDLETON . I am a watchmaker and jeweller, living at Granada-terrace, Commercial-road. On Friday evening 18th Feb., about a quarter to 8 o'clock, Connelly came to my shop and produced a gold watch in a bag, this (produced) is it—he wanted 10l. for it; I asked him if he would not take 8l., he said, "Oh, no"—I asked him where he got it; he said the mate of a ship gave it to him to sell—I asked where the matewas
he said he could not tell where he lived—I then asked him the name of the ship the mate belonged to; he could not recollect that—he went outside and brought in Phillips, turned to him and asked him the name of the ship; Phillips said the Maria—I told Connelly I thought it was very strange be could not tell me where the mate was to be found as he had to take the money to him; he then said he was to be found at the George, and he was to take the money to him there—I said, "If I give you 10l. for the watch till you allow my man to take the money to the mate?"—he said, "Oh, no,"—I said I did not like the answers they gave me, and would they have any objection to my calling in a policeman (I had refused to give them the watch)—Connelly said, "If that is the case I will call in a policeman myself, and make you give it me"—I said, "That is just what I want, there is a policeman passing the door; you had better call him in"—they both went to the door, and I sent my man with them; he afterwards came back without them—I bad a policeman there in five minutes, and gave the watch to inspector Miller.
Cross-examined by MR. LAWRENCE. Q. How was Connelly dressed? A. Very much as he is now; I bad never seen him before to my knowledge—I was in the shop when he' came in—I did not hear his name till he was given into custody—this was on Friday, and on the Monday I was sent for on the first examination, and saw him in custody—I often have watches brought to me for sale, it is not at all an unusual thing—I did not intend to buy the watch for 5l., it was to ascertain the manner in which he got it, according to the answers be gave.
JOHN MURPHY . I am a hawker, and live at No. 1, Dock-street. I have known Phillips some time—on 18th Feb., about 9 o'clock in the evening I saw him near the London Docks, between the Three Crowns and the Blue Anchor in Dock-street—he showed me a watch' which he said was gold, and asked me if I would buy it—I said I had no money that would buy it; he told me to take it if I liked, and try and sell it—I took it—I saw him on the Monday following at my own house, and went out with him (the watch was then at the Three Crowns, I had given it to Mr. George May, the landlord, to keep for me)—I told Phillips to tell me the truth how he got the watch, he told me he bought it of the mate of a ship; I asked him bow much be gave for it; he said, "5s."—he did not say what ship the mate belonged to—in the course of the day he told me he bad two large chains as thick as my finger, and asked if I would buy them of him, and if I knew the price of them; he did not show them to me—I told him I had lost the watch out of my pocket; that was not true, I told him so because he said he had got more, and I thought I might get the others—he said it was a bad job—Connelly was not present then, but I saw him and Phillips about two days afterwards—Phillips wanted me to give him 15l. for another watch that he had, and I said if I had 15l. by me I should not be so far back in my stock as I was—they wanted me to give the watch up to them, and I wanted to persuade them that I bad not got it—Connelly said it was a bad job between the lot of us, and asked Phillips where the watches were; Phillips said he did not know where they were—Connelly said he would get fourteen years or fair rations for the watches, and also that he would burst his boiler, or get fair rations out of it—that means that be would give information to the police or else have a share of it.
Cross-examined by MR. LAWRENCE. Q. Do you deal in watches? A. Never a man in London saw me with one—I cannot afford to pay for a hawker's licence—this is my authority (producing a paper)—I said I bad
lost the watch because it was my own pleasure, and I wanted to pick the rest out of them; not for myself, I wanted to get them and put them into the station-house, where I had landed my part of them—I only saw one watch; the one Phillips gave me—I have known Phillips about ten years; he is a seafaring man—he bears the reputation of a respectable man in the neighbourhood—I never knew him do anything wrong before—people perhaps may call me Mad Murphy—they may call you so as well as me—it is quite immaterial what they call me; I keep my two hands in my pockets, and do what I like, and live like a man—I am upright and downstraight for you.
MR. BODKIN. Q. Is this the watch (produced) that you gave to the landlord of the Three Crowns? A. It was such a watch.
HENRY JACKSON (police-sergeant, H 11). On Monday night, 21st Feb., from information I received from Murphy, I went with him to Phillips's house—we went up stairs and found Phillips in bed with his wife—it was between 10 and 11 o'clock at night—I told him I wanted him for having a gold watch in his possession; he said he knew nothing at all about it—he got up and dressed himself, and I took him to the station—I told him he had a watch of Murphy; and he said "Yes; I had a watch of Murphy"—I left an officer in the room—I went back and searched it, and in a chest behind the bed I found two gold watches and two gold chains (produced)—I went back to the station-house, saw Phillips, and asked him if he had any more watches; he said first, that he had one watch and two chains at home, and afterwards that he had two more watches and two chains at home—I had not then told him that I had found them—when I did tell him, he said, they were given to him by the mate of a vessel—I asked him where he was employed on the Friday and Saturday previous?—he said, "On board the ship, Ellen, lying at Limehouse Hole.
Cross-examined by MR. PAYNE. Q. Connelly was not taken into custody till afterwards? A. Not till next day—I mean to say Phillips told me at the station that he had two watches and two chains, and that he had them from the mate of a vessel—I did not know him before.
WILLIAM MILLER (police-inspector, H). In consequence of information I received on 2in Feb., I saw the landlord of the Three Crowns' public house, and received this watch (produced) from him—his name is George, but Murphy calls him May (I had not seen Murphy then)—Phillips was first examined before the Magistrate on Tuesday, the 22nd—a message was brought to me at the police office as from him, and I went and saw him a cell at the police court—I asked him what he wanted of me?—he said, "I will tell you all about it; I was in the Commercial-road on Friday night, and saw a tall respectable young man give a man named Carty three gold watches under the arch of the railway, we (meaning Carty and himself) came up the road together, and Carty went into a watchmaker's shop to try to sell a gold watch; he did not get any money for it, the man at the shop detained it; I gave Murphy a watch to sell for me, we had been at work on board a ship called the Ellen, at Limehouse Hole, that is all I know about it"-after he had made that statement, Connelly was brought in in custody—I went with him and the gaoler into the cell, and asked Phillips if that was the man he called Carty? he said in Connelly's hearing, "Yes; that is the man who gave me the watches"—Connelly said, "I did not, you gave them to me"—I left them there—when Phillips described the tall gentleman, he said he was like a mate.
Connelly into custody—I told him he was charged with being concerned with a man named Phillips, in having gold watches in their possession, and offering them for sale; he said "I never saw any gold watches, and never dad any in my possession; I was with Phillips all day yesterday, and did not we him with any"—I afterwards took him to the police court; when we got there, he told me that when he heard me coming up stairs he dropped the watch in a clothes-basket at the foot of the bed, and if I went there I should find it—I went to 7, Brown Bear-alley, where I bad taken him into custody, and found the watch (produced) in the basket, as he described.
JOSEPH PARR . I am what is called "stevedore," in the employ of the Australian Steam Navigation Company. I superintend the loading of the cargo—I know the prisoners; they were employed as labourers on board the Australian steamship, on 17th and 18th Feb.—they were employed in various parts, principally in the hold—there is a place there for valuable property to be put in, called the Treasury Room—the prisoners were working in the neighbourhood of that room.
Cross-examined by MR. PAYNE. Q. How long have you known Phillips? A. He has been on and off with me for ten or twelve months—I have employed him on a good many different ships, and never had occasion to find fault with or suspect him—I have only employed Connelly twice before, once was in the same vessel—the Australian was in the East India Docks eight or ten days before she finally sailed—Phillips was there all that time, and was employed generally in stowing the carge in the hold—the treasury is in the hold under the saloon; it is a place walled off by itself—I know a little of Finnigan, a stevedore—I cannot say whether Phillips has been employed by him.
COURT. Q. You say the treasury is separated off; could these men have access to it from the hold? A. Yes
SAMUEL COCKERELL RYDER . I am a clerk in the house of Phillips, Greaves, and Co., who are shipping agents for Mr. Miller, the owner of this property. On 16th Feb. I saw some watches at the Custom House—these five (produced) seem to have the appearance of what I saw—they were imported from abroad, and exported again directly—these chains I know to be the same; they came from the Continent, and I had them in my possession six or seven weeks, and then put them into the box with the watches—the box was about the size of this book, almost square—a Custom House officer was sent with a clerk of mine to the ship with them, on, I think, the 17th.
Cross-examined by MR. PATNE. Q. Do these things come from the Continent to the Custom House? A. Yes; they were in bond, and I went down to examine them—the chains were given to me by Mr. Müller, the proprietor, to put them with the watches; he is the consignee of them from Germany—he gave them to me in the Custom House, and I had them five or six weeks before the box was examined; I had them in my righthand trowsers pocket the whole time—it may have been seven weeks; I took peat care of them, I had my hand in my pocket almost every hour—I do not think they are made of gold; they are made to send to Australia. and are very vulgar things—I only know them by their general appearance; there is no mark on them that I am aware of.
MR. BODKIN. Q. Have you ever seen any like them before or since? A. Never.
officer went with me to the East India Dock, and I delivered the box fastened up as I had received it, to the chief mate on board.
Cross-examined by MR. PAYNE. Q. You did not examine it, you merely took it as it was given to you? A. Yes; and gave it to Mr. Barnes the chief mate.
WILLIAM HILL . I am a weigher, in Her Majesty's Customs. On 16th Feb. I examined a box in the presence of Mr. Ryder, in the Queen's warehouse, at the Custom House; it contained five gold watches; I opened one of them, and found no maker's name—I believe this (looking at one) to be the one—there is some inscription on it, but no name on it—it is very rare that watches are imported without the maker's name—that is the reason that they were brought to the Queen's warehouse—I noticed that the Arabic characters on the face of one were much larger than on the others; this is the one—I did not weigh these chains, they do not go by weight.
Cross-examined. Q. Are not they Roman characters? A. Well, I may misapply the term, but these figures are larger than the rest.
WILLIAM CHARLES BARNES . I am chief officer of the Australian. I received from Hill a small parcel, containing watches; I locked it up for a short time in the cabin, as I thought it was dangerous for it to lie about—I afterwards opened the iron treasury tank, and put it in—the tank was afterwards fastened with two padlocks—I think it was on Thursday, 17th Feb.—I recognize the prisoners' faces as being at work on board the ship, but I cannot say that they are either of the men to whom I gave the parcel—the vessel was afterwards obliged to put back into Plymouth, and I received a communication from London, in consequence of which I examined the treasury tank at Plymouth, and missed the parcel—we had then been out t week possibly—I made a careful and thorough search, because I am responsible for all the treasure.
Cross-examined. Q. You do not know who you handed the box to? A. No—I was not examined before the Magistrate; we were on our first trip from Plymouth—we were all busy enough at Plymouth, but I am able to say that the box was not to be found, because when the telegraphic message came down I had all the treasure out, and I recollect the circumstance through losing my dinner in consequence—I do not know how many men were employed on board at the time I handed the box down—there are four officers of the vessel; they were all on board, but none of them stowed away the things in the treasury—I was there as chief officer, superintending the things being put into the tank, and I handed this parcel down myself—when parcels are put in, the treasury is locked immediately, and the keys are handed to me—I trust ordinary workmen with the treasure; they are the persons sent there; I had no one else to hand this box down to; there was none of the ship's crew there at the time—I handed several cases of jewellery down also, but everything was safe except this box.
COURT. Q. Where is the treasury room? A. Under the saloon, directly under the cabin table—you get to it from the second deck—a man working in the hold would have no means whatever of getting there—when the treasury is opened, four padlocks have to betaken off the tanks, and then there is only a small hole to put things into—there is nothing but that aperture, w that nobody could have taken anything out, except the person who was the tank—the prisoners had access to the treasury—they were placing ballast down by the sides of the tank, about five feet down—the company is called Australian Royal Mail Steam Navigation Company.
COURT to JOSEPH PARR. Q. Were the prisoners employed in the hold or
in the treasury on 17th or 18th Feb.? A. I cannot be positive, but I believe Connelly was handing Kintz down—they could not get at the treasury from the hold, as there is a very strong bulk-head—they were employed on board the ship on Thursday and Friday, the 17th and 18th, and on Saturday too.
Connelly's Defence. I was at work on the vessel; I went to the gentleman's house and got my money, and then went home and had tea with my wife; I went out, and met this man; he said he had three watches; I asked where he got them; he said from the mate of a ship; I asked him what ship; be said, "A ship called the Maria." and asked me to go with him, and ascertain the value of them, and said he would pay me; he told me if I could get 10l. for one, I was to take it; I went in, and offered the watch for sale; the gentleman offered me. 5l., and asked me if it belonged to me; I told him no, it belonged to the mate of a ship; he asked me where the mate was; I told him I could not tell him, but my mate could; he said, "Is this your friend, at the door?" I said, yes; he asked him to come in, and he told him the name of the ship; he said, "Supposing I give the watch to a policeman, and give you the money, will you fetch the mate of the ship here?" I said I did not know where he was; he sent out for a policeman, and Phillips walked out; I walked out to see where he went to, I did not know which way he vent, and of course I made my escape myself; he had given me another watch, which I had in my band, with the glass broken; I only knew him by working on the Australian with him; I was looking for him on Monday morning, and met a young man who worked on board the Australian; I asked him if he knew where Phillips lived; be told me near the London Docks; I inquired there, and found him; he was not sober; I waited there till he was sober, and we went out; I asked him if he had seen the man who gave him the watches; he said no; and asked me what I had done with the watch; I said 1 had got it at home; we went to a public-house, and I told him I would have nothing more to do with it; I never even worked in the place where the watches were, and never went into the place.
COURT to WILLIAM CHARLES BARNES. Q. What interval was there between your taking in the box, and the search at Plymouth? A. From tight to eleven or twelve days—the treasury was closed on the night before we left London, the 19th—it was not opened again till we made the search—I had the keys in my own possession.
(Phillips received a good character.)
PHILLIPS— GUILTY . Aged 28.
CONNELLY— GUILTY . Aged 28.
Confined Four Months.
NEW COURT.—Monday, April 4th, 1853.
PRESENT—Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Fifth Jury.
WILLIAM RUDDUCK pleaded GUILTY . Aged 18.
DANIEL RUDDUCK pleaded GUILTY . Aged 17.
Confined Two Months.
GUILTY . Aged 17.— Confined Twelve Months.
MR. COOPER conducted the Prosecution.
JOSEPH BAKER . I am in the employ of Mr. Wesley. On the morning of 3rd March I saw the prisoner in the packing room—he was stooping under the board; I was sitting at it—in a few minutes he got up—he had one hand on his chest and the other hand under his coat behind him—he said he had lost a brace button; I took no notice of it—in a short time he went up stain and I picked up this invoice just where he had been—it is of two penholders, which were to be forwarded to Mr. Barrett to be put in a parcel to be forwarded to his customers in the country, with goods from Mr. Wesley—I had received the penholders myself—I showed the invoice to Mr. Wesley—I afterwards heard him ask the prisoner about them; he accused him of having the penholders; he said he bad not had them nor seen them—Mr. Wesley said, "You have, for here is the invoice"—he instantly put his hand in his breast, and said, "Oh, yes! I picked them off the floor this morning, and there was a wrapper round them"—he said it was the first thing he had ever done, and begged to be forgiven—these are the penholders, and this is the invoice.
JOHN WESLEY . I live at No. 54, Paternoster-row. On 3rd March the last witness gave me this invoice—I accused the prisoner; I did not offer him any promise or any inducement—I asked him to give me the penholders; he said he had not got them, but at last he pulled them out and asked me to forgive him—these are the penholders; they were sent to me to enclose in Mr. Henry Barrett's parcel—he is an agent of mine.
GUILTY . Aged 15.— Confined Six Months.
WILLIAM SMITH (City policeman, 244). On 19th March, I saw the prisoner, about 1 o'clock, assist one of the porters in Newgate-market to place two pigs in a cart standing in the Old Bailey—the porter then left the cart, and as soon as he was gone the prisoner took one of the same pigs on his shoulder, and turned down Fleet-lane—I followed him, and asked where he was going to take it; he said, "Over the water, to Blackfriars-road"—I asked him where there, what was the name of the person; he then said, "No, I have made a mistake; I have got to take it to Temple-bar"—I asked the name of the person; he said he had forgotten—I asked who had employed him; he said some person in Newgate-market—I said it was not satisfactory to me, and he must go to the station—as we were going, he opened his great coat and showed me his blue frock—he said, "You see I have got the blue on; I belong to the trade"—as we were going along, he threw the pig into the same cart he took it from, and said, "That is who has employed me—I took him to the station.
WILLIAM MANNING . I am one of the porters in Newgate-market I carried two pigs from the market to the cart—I asked the prisoner to take one off my shoulder and put it in the cart, which he did—I went to fetch two more, and when I came back the prisoner was not there, and I missed one pig.
Prisoner. Q. Who came down first, you or your brother? A. My brother came first; it was Mr. Robinson's pig.
Prisoner's Defence. The porter asked me to pull down the tailboard and spread a cloth, which I did; be said, "Stop till my brother comes," which I did; be went away, and when I was going away the officer said I stole a pig, which I did not.
GUILTY . Aged 17.— Confined Four Months.
RICHARD LEAVER . I live at Addenham; I know the prisoner. On 26th March he went with me from there to Uxbridge—I bad a pair of shoes in a bag with my clothes; I bad them when I was at Uxbridge—the prisoner carried my bag part of the way for me—I know him well; we both came from one village—we went to the Sun public-house; I left my bag in his care while I went to the butcher's to get a bit to cook for supper—I came back, and told him I could not get any liver, but I went to the market and bought four black puddings; we bad them for supper—I then took the bag, and found it had been undone—I missed my shoes—I said to the prisoner, "My shoes are gone"—he said, "I know nothing about them, don't accuse me"—I said no one else could have them, the bag was left in his care—I bare seen my shoes since; these are them—they are tied with a bit of tape and string, as I had them—they never were on my feet, only just to fit them—I left them in the bag.
Prisoner. I carried your bag, and you carried mine; we stopped and spent all the money; I was in liquor, and instead of taking my own shoes to pawn I took yours.
RICHARD ROADKNIGHT (police-sergeant, T 11). I followed the prisoner, and took him into custody, about two miles from Uxbridge, on Saturday evening, 26th March—I said it was for stealing a pair of shoes—he said he sad not stolen any—as we were going along, he said the prosecutor sent him to pawn them.
Prisoner. I was very much intoxicated; I never knew you did take me. Witness. You were sober when I took you into custody.
Prisoner's Defence. He and I started in the morning; we had a bag a-piece; we got very tipsy; I wanted to pawn my shoes; I took his, by mistake, instead of mine.
RICHARD LEAVER re-examined. We had two bags—he had a bag as well as me—in consequence of his wife and family, I wish to recommend him to mercy—he did not drink with me after I missed the shoes—the policeman found the money on the prisoner that be got for the shoes—he had no shoes himself.
GUILTY. Aged 36.—Recommended to mercy by the Jury. — Confined One Month.
ANTHONY WILSON MONEGAN (City policeman, 564). I was in Eastcheap on 8th March, about 12 o'clock in the morning—I saw the prisoner following the prosecutor—he followed him to St. Dunstan's-hill—I saw him put his band into his coat pocket, and take out this handkerchief—I caught hold of him, and took the handkerchief out of his hand.
Prisoner's Defence. This handkerchief hung out of his pocket; I took it to give it him; the officer seized me, and said I stole it.
GUILTY .** Aged 18.— Confined Twelve Months.
448. THOMAS WILLIAM KITCHENER , stealing 1 card-case, 1 pocket-book, and other articles, value 3l. 17s.; also, 1 tea-caddy, and other goods, value 8l. 8s.; the goods of Thomas John Smith and another, his masters: to which he pleaded
GUILTY . Aged 32.— Confined Eight Months.
GUILTY . Aged 48.— Confined Twelve Months.
ROBERT STEVENS (policeman, N 269). On 18th March, about a quarter before 12 o'clock at night, I saw the prisoner come out of Mr. Mitchell's yard with a cart loaded with vegetables, drawn by two horses—there was no one with him; he walked by the side of the horses—I followed him 200 or 800 yards—I stopped him, and asked what he bad got on the copse of the cart—he said, "A little parsley"—I went on the top, and pulled down two sacks; each of them had got some parsley in it—I searched him, and found on him a key—I told him I should lock him up—he said he hoped not—I asked bin what key that was—he said, the key of his corn bin—Bridger, who was with me, took him to the station—I went behind, and carried the parsley—the next morning I went to Mr. Mitchell's—I went with him to the stable, and with the key I had taken from the prisoner I unlocked the corn bin, and under some sacks and rubbish I found these two baskets, containing parsley seed, covered over with empty sacks—the stable was locked with a padlock.
Cross-examined by MR. SLEIGH. Q. When you took this man you said something to him about the parsley seed you had found? A. No, I nevar spoke to him on the subject—he spoke to Mr. Mitchell—I did not tell him I had found some parsley seed in his master's corn bin—the prisoner did not state to me that he had the parsley seed, but he took it from his master's cart—I beard Bridger state that he said so to him—I have brought the sacks in which the parsley was—the cart was loaded with vegetables going to town—they were tied down—these were loose on the top.
JOHN MITCHELL . I am a market gardener at South-street, Ponder's-end. For some reason I bad a communication with the police—I think that was on the 18th—on the following day Stevens came to me—I went with him to the stable where the horses are which the prisoner drives—I saw the com bin unlocked—he keeps the key of it—no one has any right there but himself—under some sacks I found these two sieves of parsley seed—the prisoner had no business with it at all—I have compared it with my other parsley seed, it is exactly the same sort—the sieves are mine—the prisoner was not authorised to take any parsley to market—I believe he had been six or seven years in my service.
Cross-examined. Q. You say the key was the key that it was his duty to keep? A. Yes—it was not his duty to load the cart for market—I
have a number of men—it was loaded with vegetables to send to market—it was his duty to drive it there—it was not his duty to sell it in town—I have a salesman—I have not the person here who did load the cart—it was any one's business—I do not know who did load it—I am in the habit of sending considerable quantities of seed to persons who order it—my foreman generally takes it in bags, not in general in a cart, unless it is a very large quantity—my cart is put in a shed.
Cross-examined. Q. Did not he say it bad spilt in the cart, and he took it up? A. No; he said he took it out of the shed, he said nothing about any cart.
NOT GUILTY .
MR. DEARSLEY conducted the Prosecution.
ELLEN SARAH COOPER . I am the wife of Henry Cooper, of Windmilllull, Enfield. The prisoner came into my service on 4th Feb.—she came on trial, and was to have left on 4th March—previous to her leaving, I called her in the cook's presence to have her box examined—it was locked—I asked her for the key—she said she could not find it, she had lost it—I said I would hire it opened, and if she did not produce the key I would have it broken open—she then put her hand into her pocket, and took the key out—I found in the box a locket, a seal, a chased ring, a brooch, a pair of scissors, and some other articles—they belonged to me—I had never parted with them—I hid worn some of them a fortnight before—I asked her when she took them—she told me on the Saturday before, when I was in town—this box (producing it) is mine—it was broken open—it had six waist ribbons in it, which she had got—I said to her, "Where did you get these, they were locked up?"—she said, "I broke the box open"—I asked her where she got several articles—she told me from the different boxes where they were—she told me she had taken them from my boxes.
Cross-examined by MR. BALLANTINE. Q. Do you mean that the prisoner acknowledged she took the things from yon? A. Yes—the Magistrate admitted her to bail—her father bad a good character—she had not given me notice to leave—she came a month on trial, that was agreed—she did not suit me, and was to leave—ray husband was fifteen years with Lord Campbell, and has now retired.
GUILTY. Aged 16.— Recommended to mercy by the Jury.—Judgment Respited.
BRIDGET GIBBONS . I am a charwoman, and live at Croydon, in Surrey—on the night of 11th March, I was at Highgate, in a lodging house—my little girl was in the room, who has been in the Blind School—she knits a raw things—the prisoner was in the room—he was quarrelling with a woman—I had nothing to do with the quarrel—I do not know whether the prisoner was sober—I did not see much of him—I did not see him drinking—he said to would skin his mother for a shilling, and my little girl and two or three more laughed, and the prisoner came to my little girl, and said, why did she laugh at him—I did not see any knife then, but I saw him lay hold of the little girl—I got up to save her, and I pushed him off her, and he struck
me in the chin; I put up my left hand, and got cut in the hand and the chin.
Prisoner. You were drinking in my company. Witness. No, I wag not: I do not know whether there was another cane worker in the house—you are the man that cut me—I did not strike you, I pushed you away from my poor girl; you said you would kill her.
Prisoner. I said I was not the skinner of a shilling.
COURT. Q. You said just now that he said he would skin his mother for a shilling, and he says he said, "I am not the skinner of a shilling;" which was it he said? A. I cannot say exactly to the very words—that was what my girl told me.
Prisoner. Q. Did not your daughter repeat the words that I was a lucky man to be drinking all day, and I was not the skinner of a shilling? A. I do not know—you are the man that struck me—I cannot say which hand you held the knife in—I cannot say whether you struck me with a bone or a knife.
MARY FIELD . I am a servant at Mrs. Castle's lodging house—I recollect the night this occured, it was about 9 o'clock; the prisoner was there, and his wife, and I and my husband—I knew the prisoner, he and his wife had a few words, and I went between them—he was sitting at his supper—he said something I did not hear what, and the girl laughed—the prisoner ran from the place where he was, and said, "What, are you laughing at me?" he had the knife in his hand, cutting his bread and meat—I did not see him strike the child—I turned round, and when I turned again, Mrs. Gibbons lay bleeding at my feet—she was bleeding from the chin and the hand—the prisoner ran out of the door—he was not sober when he came in to supper, he was tipsy—I do not know whether be knew what he was about—he bad been drinking all day—he began drinking after breakfast, about 8 or 9 o'clock—I do not know that he was drinking all the time.
Prisoner. Q. How many were lodging there? A. I do not know—I think about eighteen—I did not see Mrs. Gibbons strike you, nor you strike her—I had turned round, and when I turned back she laid at my feet—I did not hear you say you would skin your mother for a shilling.
JAMES YATES (policeman, N 162). I saw the prisoner in a churchyard, at Muswell-hill; he was running, I ran and took him—I asked what business he had there, he said he bad been there hiding, for he thought the police would be after him for striking a woman; he said he had been quarrelling with his wife, and this woman stepped up between them, and he struck at her with a knife; I took him in charge; as he was going to the station be gave me this knife, and said, that was the knife he struck her with, and it would have taken her head off in a minute—he had been drinking, and smelt of liquor, but was not drunk.
GEORGE SOUT (police-sergeant, S 5). I was at the police-office; I read the charge to the prisoner; he said, "That is right, she hit me and I did it; if she hit me again I would cut her b—y head off. "
Prisoner. Q. Did you not aggravate the words, and draw them from me? A. No.
Prisoner's Defence. She was more in fault than I was, or she would not have aggravated a drunken man with a knife and meat in his hand; I was drunk, it is nearly five years since I had so much beer before.
GUILTY of unlawfully wounding. Aged 48.— Confined Six Months.
MR. DEARSLEY conducted the Prosecution.
FRANCIS GODDEN BLUETT . I live at No. 11, Cannon-street, and am a money lender—just before 4th Dec. an application was made to me for money in the name of James Pitman—I saw the prisoner on 4th Dec, there was a female with him who represented herself to be his wife, and two males, who were to be his sureties—I made inquiries as to the respectability of the sureties, and agreed to advance the money—this promissory note was drawn up for the purpose—I asked the prisoner if his name was James Pitman (I had found out James Pitman)—I read the note over to the prisoner, and the words "James Pitman" were read over to him, and he put his mark to it—I then advanced him 4l. 9s.—when the application was made in the name of Pitman, he was described as living at No. 2, Adams'-gardens, Rotherhithe.
COURT. Q. Did you see the prisoner sign that note? A. Yes; I read it over to him, and he signed it—I said, "Can you write"—he said, no, he could not—I then put the name, James Pitman—I am satisfied he understood whit it was for.
GUILTY . Aged 25.— Confined Twelve Months.
OLD COURT.—Tuesday, April 5th, 1853.
PRESENT—Mr. Ald. HUMPHERY; Sir JAMES DUKE, Bart., Ald.; Mr. RECORDER; and Mr. Ald. Moon.
Before Mr. Recorder, and the Second Jury.
FANNY PERRY . I am the wife of George Perry of Perry-green. On 10th March I was on Tower-hill with Mr. Parker, my uncle—we were going to look at Punch and Judy, when a little boy told me something; I turned round and saw the prisoner walking away from me—I went after him, asked aim for my purse, and told him he had been picking my pocket—he said, "I have not picked your pocket, I had it given to me," and produced it—I smacked his face, and a constable came up and took him—this is my purse; it contains half a crown, 2s., and three sixpences.
GEORGE HYDE (City policeman, 516.) On 11th March I saw the prisoner at the end of Lower Thames-street, running towards me—when he saw me he ran back again—I saw Mrs. Perry slap his face—I immediately went up and asked what was the matter, and took him into custody—he pretended to cry, and said, "Let me go"—Mrs. Perry gave me this purse.
GUILTY .** Aged 19.— Transported for Seven Years.
455. HENRY NOVELL, WILLIAM SMITH , and WILLIAM NEWLAND , stealing 1 truss of hay, 1 truss of straw, and 1 bushel and a half of oats, value 5s. 6d.; the property of James Hall, the master of Novell. 2nd COUNT, charging Newland with receiving the same.
MR. ROBINSON Conducted the Prosecution.
JAMES HALL . I am an omnibus proprietor, residing in Silver-street, Edmonton. Novell was my horse-keeper—I know nothing about Smith—Newland is a higgler, I believe they call him; he has a one-horse cart, and has a stable opposite mine, in the same yard—my house is at the opposite side of Silver-street, looking into the yard—I had ten horses on 23rd March?
—on that morning I left home about 8 o'clock, and returned about 25 minute or half-past 10 o'clock, when a communication was made to me by my wife and I went with a policeman to Newland's stable—I went in by myself and found him cutting a truss of hay up—I asked him how he got it; he said he bought it in Tottenham Court-road the night before—I told him it was my hay out of my loft, I had every reason to believe brought out that morning—I found no other hay in the place—Hack then came in, and his attention was first drawn to the corn-box, which was locked—he called out to Newland for the key, and he gave him the key down out of the loft—he unlocked it, and we discovered about a bushel or a bushel and a half of oats—we had not an opportunity of measuring them—I identified them directly as part of my property—I went over with Hack to match them with mine, and when we came back, Newland was in the act of trying to mix the chaff and oats to prevent us from taking a sample—they were the same description of oats as mine—Hack went into the stable, and I went to Miss Scott, who told me what she had seen—her house looks into the yard—I was absent five or ten minutes, or not so long—Hack then went into my stable with me, and we measured the oats—there was a little better than a bushel and a half left in the bin; there would be about two bushels and a half gone, but then I must allow for my horses being fed—they could not have eaten two bushels and a half in the time they had; perhaps they might have eaten a bushel—the ten horses were not fed from it that morning, only nine.
COURT. Q. Is that one feed? A. No, they would have had about two feeds at that time of morning; they may have had three; some may have been left from the last night—there are sixteen quarters to a bushel of oats—two of the horses were out at that time—I allow half a quarter to a feed, and mix it with chaff.
MR. ROBINSON. Q. How much is given out to all the horses in the morning? A. When I give it out, I give out one sack, and about a peck and a half of beans; that is for the day—a sack contains four bushels—I allow half a load of hay a week, that is eighteen trusses, besides oats and beans—my loft is nine or ten feet high from the flooring of the stable—in some places you might put your finger through the flooring of the loft, between the crevices of the boards—I am very often in my stable—I do not think a person in the stable could fail to hear if hay and straw was being moved about in the loft.
Prisoner Novell. The horses had half a peck each at each meal. Witness. I deny that—I am quite sure I do not allow half a peck.
MARY SCOTT . I reside with my father in Silver-street, Edmonton. On 23rd March, between 9 and 10 o'clock, I was looking out of a back window which overlooks the stable-yard—I saw Smith there; he went cautiously into Mr. Hall's loft, up the outside ladder, and threw down a truss of hay and a truss of straw—he looked all round first, as if he was afraid some one was near, which made me suspect—he was coming down, but some one came into the yard, and he waited a minute or two, looking down; the person went away again, and he came down, went up to the hay, took hold of it, looked all round the yard, and then, instead of going straight across the yard, from one stable to the other, he walked round the yard into Newland's stable—Emma Cox then came into the yard, and when he saw her he shut Newland's door, and remained inside—then Mr. Hall's stable-door opened, and Novell came out, looked at the straw, and touched it with his foot; he looked up at the loft took hold of it, and put it in Mr. Hall's stable when he saw no one was there—that was the first time I saw Novell—I told my brother.
Novell. Q. Did you stop at the window all the time? A. Yes
EMMA COX . I am in the service of Mr. Hall. On 23rd March, between 9 and 10 o'clock, I went into the yard for a pail of water, and saw Smith with a truss of hay, which he took into Newland's stable, and shut himself in—I saw a truss of straw on the dung-heap below Mr. Hall's loft—I took the pail of water across Silver-street to the house, and then my mistress sent me with a message to Novell—I went to the yard again, and Novell and Smith had got the door shut—I knocked at the door; Novell came and asked what I I wanted—Smith was then putting the straw under the horses—I gave my message to Novell, and he called young Scott to him, and gave him a message; Scott said he would go where he wanted him, but said, "I say, Harry, didyousee that Smith take a truss of straw out of Mr. Hall's loft?" Novell said, "No; but if I had seen him, I would have given him a clip under the ear"—Scott said that Smith took it into Mr. Newland's stable, and I said, if he did not like to believe it, I saw the boy Smith, too, with the truss of hay, and that he had taken it round by the pig-stye and by the dunghill, and when begot to the stable he threw it down and got sight of me, but did not notice me much; and I watched too, and he opened Mr. Newland's stable, went in with the truss, and shut himself in—if he had gone straight across instead of going round by the dunghill, any one might have seen him through the gate, which opens on to the street, and which stood wide open, but they would not the way he went—Novell said to me, "Don't make a bother about it"—Smith was not there at that time, but not a great time afterwards he went up into the loft, came down again, and said, "Do you think there is any gone?" Novell said, "Yes, I think there is one bundle gone"—I did not go into the loft, but I went into the stable—afterwards, about 10 minutes to 11 o'clock, I saw Newland go into his stable and shut himself in—I heard him lift up what appeared to be the lid of a corn-bin, and let it down again—I waited there, and two or three minutes afterwards I heard him begin to cut chaff—about half-past 8 o'clock that morning I saw my mistress give Novell a sack of corn—she did that every morning.
JURY. Q. Why was it that a person passing the gateway could not see him? A. You cannot see the bottom of the yard as you walk along; the gate is on one side of the yard.
THOMAS HACK (policeman, N 411.) From information I received from Mr. Hall, I went with him to Newland's stable, and found him cutting hay into chaff—there was about three parts of a truss of hay, and a portion cut into chaff, and another portion in the box—there was no other hay on the premises at all—I examined both his loft and his stable——Hesaid he bought the bay in Tottenham Court-road—I have compared it with the hay on Mr. Hall's premises, and there is no difference that I can see—I examined the corn-bin and found a quantity of oats—I went across to Mr. Hall's premises to compare them together—I returned again shortly, and found Newland mixing some chaff with the oats which I had left—I compared them with Mr. Hall's, and believe them to be the same oats—I took Newland and Smith into custody.
COURT. Q. Is it not usual to mix the chaff with the oats among men of this class? A. Yes; but it is more apt to be mixed when the food is given.
Cross-examined by MR. BALLANTINE. Q. Have you got two samples here? one from the bin, and the other from Mr. Hall's? A. Yes—before I was a policeman I was a gamekeeper.
JAMES HALL re-examined. The usual course is to keep the corn separate—if we send it away to a distance we mix it, but when we have it under our eye we let the men mix the corn and chaff as they feed the horses.
JAMES HARRISSON (police sergeant, N 32.) I apprehended Novell between 12 and 1 o'clock—I told him that Mr. Hall suspected that he was implicated with the others, and asked him if he had seen Smith on the premises that morning—he said, "No," but afterwards he told me he came to the stable door, and looked at him.
(The prisoners' statements before the Magistrate were here read as follows.) "Smith says, 'I know nothing of the charge made against me'—Novell says, 'I was at the stable all the morning of yesterday, except for half an hour; I saw nothing there'—Newland says, 'I went out of my stable yesterday morning about 7 o'clock, and returned about 11 o'clock, and found no more there than I had left. '"
Novell's Defence. I am innocent of the crime; I saw nothing taken out of the stable, and nothing moved; Smith certainly came into the stable and spoke to me, but be went away in five minutes.
Smith's Defence. I am innocent; I went into the yard and spoke to Novell, and came out again in five minutes time.
(Newland received a good character.)
NOVELL— NOT GUILTY .
SMITH. Aged 17.— GUILTY of stealing the hay. — Confined Four Month.
NEWLAND. Aged 43.— GUILTY* of receiving the hay. — Confined Six Months.
456. JOSEPH ROTTENSTEIN , stealing in the dwelling-house of John Bretz and another, a watch and guard chain, value 8l.; the goods of Johannes Matthys Kortlandt: 1 coat, value 1l.; the goods of Philip Christian Hahn: and 1 purse, value 6d., and 50s. in money; the property of William Maurer: and afterwards burglariously breaking out of the said dwelling-house.
MR. METCALFE conducted the Prosecution.
(The prisoner, being a foreigner, had the evidence interpreted to him.)
THOMAS PARTINGDON . I am inspector of the Manchester police. On Thursday, 17th March, I was sent for to the Clarence Hotel there; I hid received information of this robbery—I saw this chain (produced) lying on the table of the prisoner's bedroom: he was there, and owned it—I then took him into custody—on searching him, I found this purse, or porte monnaie; and on a chair, close to where he stood, I found this coat (produced)—I asked him where his watch was—he said he had never had one—I told him I bid reason to believe be had one, and no doubt this was the chain that was stolen from the hotel in London, where the watch was stolen from at the same time, and he must accompany me to the various watchmakers' in the town—I afterwards went with him to Messrs. Bunning and Gardener, at Manchester; they are watchmakers and jewellers—I received from them this watch in the prisoner's presence—I was told, in his presence, that he had sold it there two days previously, for 3l.—that was by a person waiting in the shop—the prisoner said nothing to that—this was all said in English; he understood me with some little difficulty; he could always ask very plainly for his food—when he said he had no watch, he spoke in English.
Prisoner. How could I speak English, and only six months in this country?—when he asked me about the watch, I told him I had no watch, but I told him directly where it was Witness. He did not; I took him to more than twenty places before I found where it was
Prisoner. The officer has got a cigar case and a pair of gloves belonging to me. Witness. The gloves are in the pocket of the coat, and the cigar case is in the stores at our office.
THEODORE SCHURER (through an interpreter), I am porter to Mr. Bretz, who keeps a boarding-house at No. 9, Crescent, Minories. I know the prisoner; I remember his coming to the house on the night of the 11th and 12th—the second time he came in he asked for a bed—I showed him a room with two beds in it, on the third floor; 1 went up with a light to show him up—that was at 2 o'clock in the morning I went with him into the room—I then went down to my bed, and about an hour or two afterwards, the policeman rang the bell—I got up, and found the light down below in the passage burning, and the street door open—I had locked it, and put a chain over it, before I went to bed—when the policeman awoke me, and showed me the door was open, I took a light, and went up to the prisoner's room; he was gone, and the bed bad not been slept in—I told Mr. Bretz—this coat belongs to his partner, Mr. Hahn—I had seen that at 11 o'clock that same night in the smoking-room, on the ground floor—the prisoner bad seen that coat—the first time he came at 1 o'clock he came without a coat, he came to fetch his umbrella—he saw this coat hanging up, and he wanted to borrow it—I said I dared not give him that, but I would lend him my coat, and he took it away with him; he said he would be back shortly to go to bed, and then he brought my coat back—I have been in the habit of brushing this coat of Mr. Hahn's—Mr. Kortlandt was lodging at the house that night, he slept in the next number to the prisoner.
WILLIAM MAURER . I am waiter to Mr. Bretz. On the night of 11th March I lost this purse, with 2l. 10s. in it—it was in my trousers, on the bed in the kitchen—I saw the prisoner the night before at 11 o'clock—I know this coat of Mr. Hahn's—I did not fasten my door when 1 went to bed.
JOHANNES MATTHYS KORTLANDT . I was lodging at Mr. Bretz's on the night of 11th March—I slept in No. 9, on the third floor—I went to bed at 10 o'clock—I had a watch and chain, which I put 'on the table—my door was not locked—in the morning I missed my watch and chain—this is my watch, and this is my chain and seals; I am quite positive of them—I have a daguerreotype portrait of myself taken with this chain and seals (producing it).
JOBN BRETZ . I am one of the owners of this boarding-house, in partnership with Philip Christian Habn. On the afternoon of 11th March I saw the prisoner—he used to come to my house two or three times to see his friends—he never slept there before this night, but I always saw him going into the rooms, and looking about, so that I was thinking of him—I believe this coat to be my partner's, Mr. Hahn's; he is abroad—my house is in the parish of St. Botolph, Aldgate.
Prisoner. Q. Have you ever had anything to say against me when I came to your house? A. No; the only thing is, that you asked me twice for some money, and I refused it.
(The prisoner's statement before the Magistrate was read, as follows:—"The porter, Schurer, gave me the watch to sell for him, and asked me how long I was going to stop, and he told me to sell it for 3l. 10s., and all I got more I was to keep for myself; and I went down to the railway, and when I got there I found the porte monnaie in the coat, but no money in it; and I went to Manchester, and went to a gentleman named Dr. Schiller, and I went all round, and could only get 3l. for the watch; and I thought I could get more than 10s. for the chain, so as to get something for myself; and if I had been a thief, I could have thrown these things away. ")
Prisoner's Defence. If I had done anything wrong I should have thrown the porte monnaie away; the statement that has been read is what I wanted to say.
GUILTY . Aged 22.— Confined Twelve Months.
MESSRS. COOPER and PLATT conducted the Prosecution.
ROBERT CRIGHTON . I was errand boy in the service of Mr. Buckmaster a tailor of Burlington-street. On 19th Feb., about a quarter past 7 o'clock in the evening I was going down Silver-street, Golden-square, the prisons came up to me and asked if I was going of an errand—I said I was—he asked me if I was engaged for a minute or two; I said I was engaged, bat I was not in a violent hurry for a minute or two—he asked me if I would take a note to Mr. Imrie's the baker's, at the corner of Sherrard-street, and if I knew it—I told him I did—he then gave me a letter; he asked me to take that, and said I was to bring a parcel back, and to be careful how I brought it—I took the letter to Mr. Imrie's—this (produced) is like it, I cannot say it is the same—J recollect the name at the bottom, it was directed in the same way as this—I gave it to a female, who I afterwards found to be Helen Imrie—I afterwards received a parcel, I believe it was from a middle aged woman in the shop, I took it to the prisoner—he was in Golden-square, near where I left him—he came up behind me, and touched me on the shoulder—he gave me 2d. for going—I believe this (produced) is the parcel I gave him, it was a square parcel like this
Cross-examined by MR. PARRY. Q. Were you able to see when he came up to you whether any one else was in his company, or whether he had spoken to any one just before? A. No; I did not notice, he came upon me suddenly—I did not observe any person in his company—I do not know whether the letter was sealed, it was fastened—I was not aware that Mrs. Imrie was following me when I took the parcel; she touched me on the shoulder when I gave the prisoner the parcel—she seemed very much excited—I am not aware that she used strong language—the prisoner did not go back with her to the shop, he was walking away from me as she touched me on the shoulder, and then he ran away towards John-street—he was taken back afterwards.
JAMES IMRIE . I am a baker, and live at No. 36, Brewer-street, Goldensquare. On Saturday evening 19th Feb., my sister-in-law handed me a letter; it contained this card, this check, and this note in an envelope—it was sealed—I took two 5l. notes and five sovereigns, rolled them up and put them in one of my own printed bags, doubled it over and sealed it—I then handed it to my daughter, who handed it to the boy—I addressed it to Mr. Green, from whom I imagined it came—this is the bag in which the money was in, and these are the notes—(check read. "London, 11th Feb. Messrs. Grindley and Co., pay Mr. F. Green or bearer 15l. A. Clarke.")—this card is one of Mr. Green's, it was seeing that and the note made me send the money.
Cross-examined. Q. You know nothing of the prisoner? A. Nothing whatever; Mr. Green is a very near neighbour, and a customer of mine—he had sent checks to me before, after banking hours, not often.
HELEN IMRIE . I am the wife of the last witness. On Saturday evening 19th Feb., about 7 o'clock I saw the boy Crighton come into the shop with a letter—I saw my husband put up the parcel, and it was delivered to him—this is it—I had some suspicion and followed the boy, I saw him deliver the parcel to the prisoner—I saw that they passed Mr. Green's door, and then I was sure all was wrong—I went and touched the boy on the shoulder, and called out "Stop thief"—the prisoner ran away towards the square, he was stopped by some one, and as soon as he was stopped he turned round facing
me threw the parcel at me and said, "There is your money"—I stooped and picked it up, then he ran off again—he was stopped, and I came up.
Cross-examined. Q. Did he go back to your shop afterwards? A. Yes, the policeman brought him back, 1 did not know he was a policeman, he was in private clothes; the prisoner attempted to run away twice, but the crowd would not let him—I think I was quite calm at the time—under such circumstances I should think any body would be excited—I was quite calm—when I saw the thief run away, I called out "Stop thief"—I am quite certain that he did not come back quietly with me, he did not come bark willingly—I never spoke to him.
FRANCIS GREEN . I am a carpenter, and live at No. 1, Upper Jamesstreet, Golden-square. I know nothing of the prisoner—no part of this check is in my handwriting—I know nothing of it—Í know a person named Clarke, but he is my blacksmith—I did not receive this check from him—hit same is Adam Clarke—it is not his writing, he cannot write equal to this—this note is not in my handwriting—I did not authorise the prisoner to go to Mr. Imrie's to get change for this check.
Cross-examined. Q. Is there any one lodging at your house? A. Yes; a foreign gentleman, a professor of music, he has been lodging there about three months, he goes out to teach—I cannot say whether I saw him on this day, be still lives with me, his name is Scherluck—this is one of my business cards—I do not recollect ever giving Mr. Scherluck one.
MR. COOPER. Q. I suppose if any one came and said "I want one of jour cards," you would give one? A. Certainly; a person did call for one that morning and saw my little daughter—I did not see the person.
WILLIAM SAVAGE . I am a clerk, in the house of Messrs. Grindlay and Co., of Bishopsgate-street. No person named A. Clarke keeps an account with us—if this check had been presented it would not have been paid.
Cross-examined. Q. What are you in the banking establishment? A. Assistant book-keeper and deputy cashier—there is a cashier above me; when he is out I cash checks across the counter—this is not one of our checks—our firm is Grindlay and Co.—I could not have been deceived by this check, because we had intimation given to us previously—it is very similar to one of our forms, it is not one of them.
COURT. Q. Is there another house of Messrs. Grindlay and Co.? A. No—we are East India agents—we carry on business at No. 124, Bishopsgate-street and 63, Cornhill—this is a similar form to ours.
MR. PARRY. Q. Do you mean to say that that is not one of your forms? A. It' is one of our forms in blank, which we deliver out to our customers; it if either that or a facsimile; it purports to be one of our forms—I know nothing of the handwriting of this check—we have no customer named Clarke spelt in this way—I cannot positively say how many customers we have of the name of Clark—I do not know all the customers—I have not examined the books at all, they are not here; the cashier knows the customers much better than I do; he has been many years in the house—I have been there three years.
WILLIAM GODFREY (policeman, C 5). On 19th Feb. I took the prisoner—he asked me what I wanted him for—I said, "Wait a bit, and I will tell you"—I was in plain clothes—I took him back to the shop, and then to the station, where I asked him where he got the check from; he said he got it from a man in the street—he gave me no name or address—I received these Papers from Mr. Imrie.
GUILTY of uttering. Aged 26.— Confined Twelve Months.
GUILTY .** Aged 18.— Confined Six Months.
GUILTY .** Aged 22.— Transported for Seven Years.
WILLIAM MCCUTCHEON . I am a broker, in the City of London, and live at Wellington-chambers, London-wall. On Tuesday, 15th March, I had been to the warehouse of Mr. Penson, No. 43, Newgate-street—I had my pocket book out while I was in the warehouse, and I presume I put it in the inside pocket of my coat; that was my usual place of putting it; I am almost certain I put it there, but I may not have put it properly in—I then buttoned up my coat, and went towards Cheapside, on the right hand side of the street—I then went to post a letter, which I had forgotten to do at the West end; opened my pocket to pay for the letter, as it had no stamp on it—I did not take the letter from the same pocket where I had put my pocket book—after posting the letter, and leaving the Post-office, when I had got just close to Goldsmiths'-hall, I felt that my pocket book was gone—it contained three 10l. Bank of England notes, several papers, and five or six cards, with my name and address on them—I have never seen my property since—I had not the numbers of the notes at the time, but I recollected where I got them, at Messrs. Herries, the bankers—I stopped them at the Bank, but they were paid in through a banker's, and therefore the Bank of England was bound to pay them; they have all been traced—it was about o'clock in the morning when I lost my pocket book.
WILLIAM JAMES BAILEY (City policeman, 271). In consequence of information that I received, on 16th March I went to No. 5, Herne's-buildings, East Smithfield—I found the lad John Nevan there—the first floor is kept by the prisoner Crowley's husband, and they underlet a bed—I asked the boy if he knew anything about a pocket book—he said he had picked one up and given it to his mother—he said be had found it in the City, near Newgate-street, near the hoarding where the fire escape stands—there is t hoarding there between Paternoster-row and Newgate-street, and near Dun-nett's toy shop—the prisoner Crowley is not Nevan's mother, but he said it had been also examined by her, and she could not tell what they were—I did not see Crowley at that time, she was out—I asked the boy where the notes were—he said his mother had got them—I have not been able to find the mother; I have been seeking for her—he did not help me to find her, he told me she lived there, but I found that to be false; I have heard that she lives in Glasshouse-yard; she has been denied there—(Nevan. When I found the pocket book there were two boys along with me)—I saw his sister at the house; her name is Cochrane, and I saw her husband and several children, some belonging to Crowley, and some to other persons—I afterwards took the boy into custody, on the same day; I did not lose sight of him—I saw Crowley next day, the 17th—I found her at the same place—I went into the room, and saw her sitting there—I asked her if Mrs. Crowley or Mrs. Nevan had returned yet—she answered they had neither of them been home since—I had a little boy with me, and I stepped aside and asked him if she was the woman that was there when the boy brought home the pocket book—he said, "Yes"—I then challenged her with her name being Crowley—
she said it was—she did not admit it at first—I told her she was charged with having appropriated to her own use three 10l. notes, which the boy Nevan had brought home—she declared that she knew nothing about it, that the boy Nevan had brought them home, and shown them to her, and she had giren them back to him, and he had given them to his mother—I do not think she said anything more—I have been ill since this; 1 was thrown from a cab, and had the back of my head broken—she said at the station that she had seen it, and thought it was a 1l. note or a check.
Crowley. When you came to my room, you asked me if Mrs. Nevan was in, or Mrs. Crowley; I said not Mrs. Nevan, for 1 did not know where she was gone to; I did not deny myself. Witness. I am quite sure that she said neither of them had been in since—I searched her place, but found nothing there.
MICHAEL DONOGHUE , a boy twelve years of age, upon being interrogated as to kit religious knowledge and not giving satisfactory answers, was not examined. REBECCA CHATTAWAY. I keep a general shop, at No. 93, Royal Mint-street. On 15th March, about a quarter past 3 o'clock in the afternoon, the prisoner Crowley came to my shop, and purchased tea. sugar, and coffee to the amount of 7s.—she paid me with a 10l. note; I gave her in change a 5l. note, 3l. in gold, and the rest in silver—I asked her where she got it from; she said from America. from her husband or cousin, I am not quite sure which—she gave the name of Mary Crowley, No 9, Butler's-buildings—this is the note; 1 saw my shopman write this on it "Mary Crowley, Butler's-buildings, East Smithfield"—another woman was with her; 1 do not recollect that she took any part in the conversation—the prisoner produced the note, and I gave her the change—I am quite sure she is the woman; she had been to my shop before occasionally—I had several persons in the shop at this time, more than usual—I do a pretty fair business.
Crowley. She was not in the shop at all; 1 did not see her at all; there was a boy in the shop; the other woman went in. Witness. There was a young man, a shopman, in the shop; I was in the shop, and I gave the change to her and asked for her address—I had not to send out for change—I took the note into the parlour to see that it was a good one.
THOMAS WAITES . I am shopman to Hawley and Sons, drapers, in the Borough. I remember Crowley coming to our shop on 15th March, in company with another woman, from 6 to 7 o'clock in the evening—they selected some goods to the amount of 1l. 15s. 3d., I believe; I have a duplicate of the bill in my pocket—they paid for it with a 10l. note; the prisoner gave it me; this is the note (produced)—they both gave me the name that is written at the back, "Mary Nevan, No. 15, Butler's-buildings;" t wrote that at the time—that was the only name they gave—they both talked as fast as they possibly could—I gave her the change—the note was paid to our cashier, and went into our bank in the usual course.
Crowley. The other woman selected the goods, and gave the name; I did not speak a word. Witness. They both selected the goods; they each assisted—I could not make out which of them the goods were for.
FREDERICK SOAMES . I was barman of the Phoenix public house, in East Smithfield. I have looked at the prisoner Crowley, and it is my impression that she is the woman that came to our house, but I cannot swear to her—another woman came with her—I did not, when before the Magistrate, say that I had much doubt—it was my impression that it was the woman; it is so now and has been all along—I believe it was her—they had a quart of rum in two pint bottles—the other woman paid with a 10l. note; that was in the
prisoner's presence—this is the note—my employer gave them the change, and wrote this name and address on it, "Mary Nevan, No. 9, Butler's-buildings, East Smithfield"—the other woman gave that name.
Crowley. I never saw him before I saw him at the Court, and never saw the house where he lived.
RICHARD ADYE BAILEY . I am a clerk in the issue department, in the Bank of England. I have produced the three 10l. notes spoken to by the witnesses—they are all dated 6th Nov., 1852, and numbered 51653, 52151 and 52231—they all three came in through the London and Westminster Bank, two on 17th March, and the other on 19th.
WILLIAM M'CUTCHEON re-examined. I know the hoard near Cheapside—I think I passed just by that place, and it was there that I recollected about the letter; it could not have been very far from there—the clerk from Herries and Co. is here, from whom I got the numbers of the notes.
JAMES MILNER . I am cashier to Herries and Co. I paid these three notes in exchange for a draft for 250l., which was presented to me on 10th Feb.—I cannot say positively who presented it, but in all probability it was the prosecutor—I took the numbers of the notes at the time.
(The prisoners statements before the Magistrate were read, as follows:—"Crowley says, 'It is very hard that my five children are starving;'—Nevan says, 'I have nothing to say but I found the book; I took it home; 1 took one of the notes to this woman, and she said she did not know what it was, but she thought it was a check or a pound note; my mother came in; I handed it to her, and she then took the pocket book up; I do not know what happened afterwards. '—Crowley further says, 'This boy and his father can prove I did not ask or get any of the money; I did not know the night before, or the day before, where she was, and I did not know about the boya being taken till she came over to a friend's house; my husband has been searching for days and nights since.")
(The RECORDER was of opinion that the case must fail; in strictness of law), any person finding property, and appropriating it to themselves, committed a felony; but the boy, who was only fourteen years of age, having stated from the beginning that he found it, and having given it to his parents, it would be rather hard to convict him under such circumstances. The woman had no doubt behaved dishonestly; but she was charged with receiving, and could not, of course, be found guilty of that offence if the larceny was not first established.)
NOT GUILTY .
NEW COURT.—Tuesday, April 5th, 1853.
PRESENT—Mr. Ald. MOON; Mr. ALD. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 22.— Confined Six Months.
GUILTY . Aged 27.— Confined Eight Months.
MESSRS. BODKIN and WOOLLETT conducted the Prosecution.
MARY ANN FOSTER . I am the wife of George Foster, who keeps the Barley Mow, in Drury-lane. On 7th March the prisoner came, about 11 o'clock at night—she asked for 1 1/2 d. worth of gin—she gave me a shilling; I gave her change, and she went away directly—I put the shilling into a till where there was no other—I went to the till in about five minutes—I found that was the only shilling there—I then examined it—it was bad—I am pretty well acquainted with silver—I am positive it was bad, and so was my husband also—I threw it into the fire, and 1 suppose it melted—on the following day the prisoner came again, and asked for 1 1/2 d. worth of gin—she then paid me with a shilling—I did not look at it, but I gave it to my husband, and I said, "This is the woman that passed a bad shilling last night, and I dare say this is a bad one"—my husband kept it.
GEORGE FOSTER . I remember the first night the prisoner came—I saw the shilling she had uttered—Mrs. Foster threw it into the fire—I had examined it, and can say it was bad—the next night my wife gave me a shilling in the prisoner's presence—it was a bad one—I marked it, and sent for a policeman—I detained the prisoner till the policeman came.
Prisoners Defence. I was out with a young man all the evening, and, being in reduced circumstances, be asked me if 2s. would be any use to me; I thanked him, and said, "Yes;" the shilling I offered was one that he gave we; I know nothing about the Monday night.
GUILTY . Aged 28.— Transported for Seven Years.
MESSRS. BODKIN and WOOLLETT conducted the Prosecution.
ARTHUR GRANGER . I live at Holborn-bars, and am a stationer. The prisoner came on 19th March, about half-past 3 o'clock in the afternoon—she asked for a quire of note paper—it came to 4d.—she gave me a good sovereign—I was about to give her change in silver—the asked if I could oblige her with a half-sovereign, which I did, and I took notice that the half-sovereign was a good one—I am positive of that—while I was speaking about the change, another woman came in, and stood close by the side of the prisoner—she asked for a sheet of paper—I served her; and while I was getting the paper, the prisoner was ringing a half-sovereign on the counter, as if trying its goodness—the other woman said, "I suppose it is only cracked
—that woman went away directly—she had been near enough to the prisoner to receive anything from her—the prisoner gave the half-sovereign back to me—I am positive it was not the one I had giren her—I told her she had changed it—she said she did not know what I meant—I told her I should give her in charge—I gave the bad half-sovereign to the constable.
COURT. Q. Did the prisoner give you the bad half-sovereign? A. Yes; she said it was a bad one; she offered it me, to give her a good one for it.
JURY. Q. Did you serve the other woman the sheet of paper? A. Yes; my attention was taken off her to get the paper under the counter.
(The prisoners statement before the Magistrate was here read as follows:—"I did not ask the gentleman for a half-sovereign; he took a bag of silver and the cashbox, and said I might have silver or gold; I said I did not can which it was ")
GUILTY . Aged 19.— Transported for Seven Years )
MESSRS. BODKIN and WOOLLETT conducted the Prosecution.
RUTH CHARTERS . I am the wife of Thomas Charters—we live at Hammersmith—on 25th Feb., the prisoner came to my shop, he asked for half an ounce of tobacco—I served him—it came to a penny—he gave me a shilling; I gave him change, and he left the shop—I put the shilling in the till; there was no other shilling there—the constable came in soon after, and I gave him the shilling.
GEORGE MILLER (policeman, T 46). On 25th Feb., I was on duty near Hammersmith—I observed the prisoner there—I suspected him, sod watched him—I saw him go into Mr. Charter's shop—when he came out I went in, and in consequence of what J heard I went in search of the prisoner—I took him two or three hundred yards from the shop—I told him the charge, for uttering counterfeit money—he attempted to put his hand into his left-hand trowser's pocket—I seized his wrist, and he put something into his mouth—I caught him by the throat and threw him down—he then put his hand to his mouth and put something under him—I took it up, and it was four counterfeit' shillings; he said some man had given them to him to get change, and he begged me to let him go—I searched him at the station, and found on him 1s. 10d., in silver, and 6d., in copper, good money—this is the shilling I received from the last witness.
Prisoner's Defence. I am a poor friendless youth, without father or mother; I get my living by selling things in the street; I was walking about looking for work; I asked a man for a job, he said, he pitied me and gave me the money for which I now stand before you; he told me it would get me food, and pay my lodging; I thanked him, not knowing it was bad; I changed one, and soon after the man came to me and tried to take them from me; I not knowing his intentions, refused to give them up; had I been aware they were bad I would have given them up directly.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Twelve Months.
MESSRS. BODKIN and WOOLLETT conducted the Prosecution.
Cross-examined by MR. PAYNE. Q. Are you quite sure he is the person? A. I am certain.
ELIZABETH JACKS . I live at my uncles, Mr. Webster, a baker, in Hackney-road—on 3rd March, the prisoner came between 3 and 4 o'clock in the afternoon; he asked for a 2d. loaf, I had not one, I gave him two 1d. loaves—he gave me a good sovereign, and I took it to my cousin, he gave me a bag of silver, 1 took it to the prisoner and counted out 9s. 6d., I was going to count 10s. more, and he said, could I oblige him with a half sovereign; I said, yes;—I went to Mr. Webster, my cousin, for one—he gave me one which was good, I gave it to the prisoner; it was a half sovereign that I had taken that morning, and wrapped in paper—I am certain it was a good one—I had some copper money to give the prisoner; I turned to the till to get the copper, and while I was doing that the prisoner put down a half sovereign, which was not the one I gave him—he asked me to oblige him with 10s. in silver for it; he put it towards me, I said, "It is a bad one," he said nothing; my cousin came in—I said to my cousin, "It is a bad one," and I took it up and gave it to my cousin—the prisoner said nothing.
Cross-examined. Q. When had you taken the half sovereign? A. In the morning of that day, and I gave it to Mr. Webster, my cousin, who carries on business for my uncle—when I took it I put it in paper, and Mr. Webster took it out of the paper, and gave it me back—I did not have the piece of paper in my hand the second time—I looked at it before I gave it to the prisoner; I think it was one of George's, but I cannot remember—I think the one 1 got back was one of George's—when my cousin gave me the half sovereign, I merely put it on the counter, and pushed it towards the prisoner—I did not try it then—when my cousin gave it me he took it out of his pocket—I had not taken any other half sovereign that day—I do not know whether I had the day before—the money had been taken out of the till the night before—my uncle comes and takes the proceeds of the day—he generally comes between 6 and 7 o'clock; what is taken after that goes towards the next day.
COURT. Q. Do you generally put the gold you receive in paper? A. Generally; in fact I always do.
MR. BODKIN. Q. Are you sure you took that half sovereign that day? A. Yes; my uncle had not been to take any money that day.
JOHN WEBSTER . I am the cousin of the last witness—when the prisoner came in I was in a side room—I saw him come in, and my cousin came in for change for a sovereign—I gave her the bag of silver, she gave me a good sovereign—I weighed it at the time—I heard the prisoner say, M Can't you give me a half sovereign?" or words similar to that—I said, "O, yes," and I got the half sovereign out of my pocket—it was wrapt in a piece of paper—I handed it to my cousin—she had given it me in the course of the morning—I am sure it was the same—I had examined it, and it was a good one—I heard the prisoner say to my cousin, "Now I will prefer silver"—I heard
my cousin say the half sovereign was a bad one—at that moment I went and took it out of her hand—I found it was bad—I said to the prisoner, "You have changed it"—he looked round, and walked off—I followed him—he went down a bye street by the church; I came up with him, he asked what I was following him for, I said, "For offering a bad half sovereign"—he said, "Let me look at it"—I said, "Yes," and I put it in my mouth—Hewent down some other streets, and to some paling»—he cleared the palings, and so did I—he led me a pretty race—he went through a public house, and into a shop where he was secured—he was very violent—I got a policeman, and gave him into custody—while we were running, the prisoner threw away the two penny loaves—he had not had the other 10s.
Cross-examined. Q. When did you get the half sovereign from your cousin? A. About 11 or 12 o'clock, it was wrapped in paper—I took it out and weighed it a little while after she gave it me—I had no other half sovereign—I cannot recollect what reign it was—I did not weigh the second half sovereign.
ALFRED HOLMES (policeman, K 350). The prisoner was given into my custody by the last witness; I saw him hand a half sovereign to the inspector at the station, and he handed it to me—this is it—it was not out of my sight—I searched the prisoner, and found 9s. 9d. on him in silver and copper, all good—he refused to give his address or occupation.
Cross-examined. Q. Where was the prisoner given into custody? A. In Bethnal-green-road, about half a mile from Mr. Webster's shop.
GUILTY , †* Aged 26.— Transported for Seven Years.
MESSRS. BODKIN and WOOLLETT conducted the Prosecution.
THOMAS WILLIAM ATWOOD . I keep the Grapes, in Duke-street, Manchester-square—the prisoner came there, Í believe on 14th March, I cannot swear to the date—he asked for half a pint of beer, and gave me a bad sixpence—I saw it was bad, but I gave him the change—I put the sixpence in my pocket, apart from other coin—I afterwards marked it—the prisoner came again on the Saturday afterwards, he asked for half a pint of beer, and put down another bad sixpence—I compared it with the other sixpence that I bad in my pocket—I opened the door of my bar, and went to where he stood; I said I had caught him, and he should not go—he said who was to prevent him, but he did not attempt any violence—a constable came in and took him, and I gave the two sixpences he had offered to the officer.
Prisoner. I bad some other silver? A. Yes, you had—I believe that turned out to be good—you did not attempt to get away—I cannot swear what day it was you first came—I think it was on the Monday or the Saturday previous to the second uttering.
THOMAS SPRATT (policeman, D 288). I took the prisoner—he said he did not see why be should be locked up when he had got good money about him—I received these two sixpences from the last witness—I found on the prisoner 1s. 6 1/2 d. he gave his address No. 17, Palmer's-rents, Snow's-fields—I went there, and no one knew him.
Prisoner's Defence. I am entirely innocent of going the first time; I went the second time, but I had other money in my pocket; when he told
me it was bad I put my hand in my pocket, and offered him other money, which he said he would not take; I did not attempt to get away.
GUILTY . Aged 37.— Confined Six Months.
MESSRS. BODKIN and WOOLLKTT conducted the Prosecution.
GEORGE POWELL . The prisoner came to my shop on 10th Feb.—he had a pint of coffee and a roll and butter—it came to 3 1/2 d.—he gave me in payment a half sovereign—I gave him change, and he went away—in half an hour afterwards I discovered that the half sovereign was bad—I had placed it in a cup by itself—I gave it to a policeman the next day—the prisoner afterwards was given in charge, and was discharged.
Prisoner. Q. Was 1 not in your house the day before you gave me in charge? A. Yes; you passed good money then.
PATRICK RYAN (policeman, B 232). I took the prisoner, on 14th Feb., on a charge of uttering a bad half sovereign to the last witness—this is the half sovereign (produced)—the prisoner said he never passed it—he said he was not in the shop on that day—he was discharged before the Magistrate—I have broken the half sovereign, but it is the same—I have had it ever since.
Prisoner. Q. What did you find on me? A. A sovereign, a half sovereign, 5s. 6d. in silver, and 4 1/2 d. in copper, all good.
HELEN CLARK . On 12th March the prisoner came to my shop—he purchased a French shade—it came to 10 1/2 d.—he tendered me a half crown—I told him I had not change I went to the next door for change—as I was going, it struck me it was bad—I showed it to my neighbour, Mr. Hall—he discovered it to be bad, and he and I went back together—I told the prisoner it was bad—he said he had good money and he wished to pay for the shade—I sent for a constable, and gave him into custody.
Prisoner. Q. When you said you had not change, did I not say I had small silver, and you walked out of the shop? A. Yes
COURT. Q. When you gave the half-crown to Mr. Hall, was it out of your sight? A. No—he gave it me back again-—I gave it to the policeman.
ARCHIBALD HALL . On 12th March the last witness showed me a halfcrown—it was bad—I went with her to her shop, and saw the prisoner there—I asked him where he got this half-crowns—Hesaid he took it—I asked him where—he said I was as liable to take a bad one as he was—I asked him whether he had got any more about him; be said, "No"—I asked him where he lived; he said, "At Chelsea"—I asked him where there; he said, "At Chelsea-common"—I asked him again, and he said, "At No. 5, College-street, Chelsea"—I know that street; I believe it is on Chelsea-common—the prisoner was given into custody; I delivered the half-crown to the constable.
Prisoner's Defence, I was accused of passing a bad half-sovereign at the coffee-shop, which I am not guilty of; three or four days afterwards he found he had a bad half-sovereign, and he gave me into custody; there was round on me a good sovereign, a half-sovereign, and some silver; the Magistrate asked me if I would pay the 10s.; I said I would not, for I had
not been in the man's house, to offer a bad half-sovereign; the Magistrate told him he could summon me, which he never offered to do, though he knew where I lived; after that I went to purchase an article, which came to 10 1/2 d.; I gave this lady a half-crown; she said she would go to get change; I said never mind, I could give her small silver; she said never mind she would go and get it, and she brought the other witness hack with her; that was four or five weeks after the other charge.
GUILTY . Aged 20.— Confined Six Months.
MESSRS. BODKIN and WOOLLETT conducted the Prosecution.
EUGENE BRUNO . I am shopman to Mr. Ferry, a hatter, in New-street, Covent-garden. On 24th Feb., between 8 and 9 o'clock in the evening, the prisoner and another person came to the shop—the other person asked for a hat, which came to 10s. 6d., but it was abated to 10s.—he asked for change for a sovereign; I told him I had no change, but would send the boy—he said, "Never mind, my friend will go and get change"—the prisoner then took it, and went to change it—he came back, and said he could not change it—in the mean time Mr. Ferry came into the shop, and said, "I can give you change"—the prisoner then gave the sovereign to Mr. Ferry—Mr. Ferry gave the change to the prisoner's friend, and he and the prisoner left together—Mr. Ferry said to me, "This sovereign is very light, I think it is bad"—he bent it, and the next day he gave it me, to take to the station; I brought it back and showed it my master; I went a second time, and left it at the station—this is the same—here is the mark on it.
LOUIS FERRY . I am a hatter, in New-street, Covent-garden. On 24th Feb. I saw the prisoner in my shop—his friend had bought a hat—the prisoner gave me a sovereign, and I gave ten shillings change—the prisoner and his friend went away—I then looked at the sovereign, and said, "I am afraid this is not good"—I gave it to the boy; he took it out, and brought it back—I put it in a drawer, in paper—I made a mark on it.
MATILDA HORSFIELD . On 25th Feb. the prisoner came to my sister's shop, in Chandos-street, Covent-garden; he asked for a shirt—I served him; be gave me a half crown, which was bad—I said, "This is a bad one"—he said, "Is it? I did not know it"—I asked him where he got it—he said in Cheapside, opposite Bow Church, in change for a sovereign—he asked me to let him look at it—I said, "No"—I came round on the other side of the counter, and he said, "If you let me look at it, I will give it you back"—I had shot the door, and on his promise to return the half crown, I gave it him—he put it into his pocket, and offered me a sixpence in payment—I was going to take the sixpence, and be took it up, and put it into his pocket—just afterward! I opened the door to let a gentleman in, and the prisoner ran out, and broke the corner pane of glass as he passed—he was given in charge—I never got the sixpence—I was present when he was searched—there was no half crown found on him—on his paying for the window he was let go—I am sure the prisoner is the man—I am sure the half crown was bad.
Prisoner. Q. How do you know it was bad? A. By the weight of it in my hand.
custody in Ryder's-court, Leicester-square, on 3rd March, on another charge, which bad nothing to do with this—after I had him, I received information about the bad sovereign—he was taken before the Magistrate—Mr. Ferry was there—the prisoner was remanded; nothing was known then about the half crown—on the second occasion the witness in the half crown case attended, and the prisoner was committed.
Prisoner's Defence. On 24th Feb. I met a friend in St. Martin's-lane; he told me he was going to Australia; he said he was going to purchase a hat, and asked me to go with him; we looked into a window, and saw some hats at 8s. 6d.; I went in with him, he looked at the hat, and did not like it; he asked to look at some others; they showed him one at 10s. 6d., and they let him have it for 10s.; we then both came out, and I bade him good bye; I have not seen him since.
GUILTY . Aged 22.— Confined Twelve Months.
MESSRS. BODKIN and WOOLLETT conducted the Prosecution.
THOMAS UNDERWOOD . I am clerk to Messrs. Lee and Son, of Earl-street On 15th March the prisoner came, and asked the price of tiles—I told him, and he said he should want three quarters of a hundred—they came to 2s.—he said he had no truck, and he would send for them; he said he would rather pay for them, and threw down a sovereign—I saw it was bad—I said to; he said it was good—I said, "Just wait a minute;" and turned into the counting-house—I turned, and saw him run out of the place—I went after him, and caught him at the top of the Broadway; collared him, and brought him back, gave him in charge, and gave the sovereign to the policeman.
Prisoner's Defence. I was not aware it was bad; I went to see for a man who gave it me, and who had just left me; he came after me, collared me, and took roe back; I did not attempt to get away as soon as he said "Hoy!" I stopped, and came back.
GUILTY Aged 34.— Judgment Respited.
NOT GUILTY .
NOT GUILTY .
MESSRS. ELLIS and LILLEY conducted the Prosecution.
JOHN GODDARD . I am a tobacconist, and live in Little Coram-street. On Sunday, 20th March, about half past 7 o'clock in the evening, I saw the prisoner in my shop—my daughter served him with an ounce of tobacco—he We a sovereign in payment—I took it up, and gave the change, 19s. 9d.—I felt the sovereign was very smooth—I had a suspicion it was wrong—I turned round, and the prisoner said, "What is the price of the tobacco?"—I said 3d.—he said, "I can pay for it"—I took the change back, put the sovereign in the detector, and bent it nearly double—I said, "I suppose you want what you gave roe, it is a bad one; where did you take this?"—he said he had been taking money two or three times in the course of the
day, and he could not tell where—I asked him where he lived—he said "Just round the corner"—I said, "I can't let you have this again; I shall give you in charge of a policeman"—I called the policeman, gave him the sovereign, and gave the prisoner in charge—this is the sovereign-—I marked it with a knife.
Cross-examined by MR. MEW. Q. Did the prisoner tell you where he lived? A. No; he told me just round the corner—I did not ask him more particularly.
EMMA NAOMI GODDARD . I recollect the prisoner coming to my father on Sunday fortnight for an ounce of tobacco—the price was 3d.—he offered a sovereign—I left it on the counter, and was going to give him change—my father was coming in, and I left it to him.
EDWARD ENGLAND BROWN (policeman, E 116). I took the prisoner into custody in Little Coram-street—I received this sovereign from Mr. Goddard—I searched the prisoner» and found on him two crown pieces, one shilling, one sixpence, and 5 3/4 d., in copper, all good—I asked him where he lived—he said in Hyde-park—I took him to the station.
Cross-examined by MR. PARRY. Q. He did not choose to tell you at first, but afterwards he did give his address? A. Yes, in Smith-place, Bagnigge Wells-road, and I found it right.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Four Months ,
MESSRS. ELLIS and LILLEY conducted the Prosecution.
GEORGE JOHNSON (City policeman, 469). On 26th Feb., about half put 3 o'clock in the afternoon, I met the prisoner in Drury-lane—I asked him if he had any bad money about him—he said he had none, and he handed his portmonnaie to me directly—I put that in my pocket, and asked him for the other money, and I took hold of him at the same time—he said he had no bad money—a struggle ensued between us, and we both fell—I instantly got up again, and Westley came to my assistance—we dragged the prisoner into the shop of Mr. Powis, a carpenter in Drury-lane—as we were dragging him along he dropped this packet (produced) on the step of a door—it contained ten base half-crowns—I picked it up—we succeeded in getting him into the shop—when there he still struggled to get away, and I was obliged to lash his hands—some one handed me a packet, containing twenty base shillings, and Westley handed me 3d. worth of coppers.
Cross-examined by MR. PARRY. Q. You used the expression, "He dropped a packet;" did you see that yourself? A. One packet I did—I was in plain clothes; I believe the prisoner did not know me—I did not tell him I was a policeman when I first stopped him—this one packet fell from his right hand trowsers pocket—I did not know Doyle or Westley before; I never had any communication with them—I have been about two years in the police force.
MATTHEW DOYLE . I am a porter, and live in Wych-street. On the afternoon of 26th Feb., I saw the prisoner and the policeman scrambling at a doorway—the policeman threw him down in the road, and called for assistance—I picked up a small paper on the pavement; I do not know who threw it down; it was about a yard from where I saw this man—the policeman reached out his hand for it, and I gave it him—I picked up 3d. worth of halfpence, and gave them to Mr. Powis's man.
Cross-examined. Q. Did you know the policeman? A. No; I thought he was a gentleman.
THOMAS WESTLEY . I live at No. 93, Drury-lane. On the afternoon of 26th Feb., I saw the policeman and the prisoner on the step of our door—I heard the policeman ask him what he had about him—I saw the prisoner give him a purse; he then asked him to step in our shop—the prisoner rushed off, and the policeman stopped him at Mr. Preston's, and they had a struggle and fell down; they were both down in the road—the policeman called for assistance; I went to help to drag the prisoner into our shop-while we were doing so, I heard something drop it fell dead—I saw the policeman pick up a paper parcel on the step of our shop door—I picked up 1 1/2 d., and Doyle gave me some halfpence, which I delivered to the policeman.
GUILTY . Aged 28.— Confined Twelve Months.
GUILTY to stealing the boots only. Aged 20.— Confined Two Months.
To the 2nd Count. Aged 33.— Confined Twelve Months.
477. ANN CROW, ELLEN CROW , and MARY HAYES , stealing 2 coats and other goods, value 4l. 9s.; the goods of Jabez Thomas Richardson, the master of Ann Crow.—The 2nd COUNT charged Ellen Crow and Mary Hayes with feloniously receiving the same: to which
ANN CROW pleaded GUILTY to stealing. Aged 16.
ELLEN CROW pleaded GUILTY to receiving. Aged 18.
MARY HAYES pleaded GUILTY to receiving. Aged 16.
Confined six months
NEW COURT.—Wednesday, April 6th, 1853.
PRESENT—Sir JAMES DUKE, Hart., Ald.; Mr. Ald. HUNTER; Mr. RECORDER; and Mr. Ald. CUBITT.
Before Mr. Recorder, and the Fifth Jury.
GUILTY . Aged 20.— Confined Six Months.
Mr. PAYNE conducted the Prosecution.
JULIA TOOLE . I am the wife of Patrick Toole, we live at No. 8, George-street, St. Giles's. On 7th March, 1 left my room about a quarter past 11 o'clock at night—I locked the door, and took the key in my pocket—I came back about 12 o'clock—when I went in my room on the ground floor I found
the door wide open leading into the yard—it was not all wood, part of it was glass, and the glass was broken—breaking the glass would enable a person to put their hand through, and undo the bolts—that was how it was done—when I went out I left ray two children in bed, and a piece of bacon in my room weighing 12 3/4 lbs.—when I found the door open I went in the yard, and found the prisoner there—he was stooping down to a box of mine, which he had broken open with my poker; I seized bold of him by the neck, and stuck to him till the officer came—when I went out, I bad left that box underneath the table in my room—the prisoner was taken into custody on the door outside—he got there by his struggling with me to get away—the box contained some children's clothes, a shirt, and a smock frock and a purse with 13s. in it—the bacon had cost 5s. 10d., I had eaten about 1s. worth of it—at that time the prisoner lived at the back of my yard—a person could get from the place where he lived to my yard—my house is in the parish of St. Giles's, my landlord lives at No. 3—he does not live in that house.
Cross-examined by MR. HUGHES. Q. Had the prisoner ever been in your house before? A. Yes; and had ginger beer and pea soup which I sell—of course there are girls come there—I have no women come there to sleep—I have only one apartment—I do not know who lives up stairs, my husband was in gaol at that time—the prisoner came to my house twice—he did not sleep there—he could not, for I have only one bed—he was there all night, he did not sleep, he sat up all night—I was there, and others—there was one who was a friend of mine—we were sitting up all night—we keep open on the Saturday night—I recollect the prisoner's mother coming to my door—she did not ask me for him, he was standing on my floor—there was only my friend and me and him there then, but there had been more women there—I close my shop at 1 o'clock on Saturday night—I sell ginger beer, and soup, and eatables—my husband was not in gaol for illegally selling gin in that place—we were not drinking anything that Saturday that the prisoner was there, only persons coming in for ginger beer—I never make a mistake and sell a little gin in the ginger beer—when I went out there was no one in the room, only the two children—the prisoner was there on the night my husband was taken—there came a drunken man in and the prisoner went towards him, and struck him down—he took my part.
Q. Do you recollect the prisoner's mother or father coming to your house for him, and did not he say, "Never mind, it is only the old man or old woman; you lend me 2d. to get a drop of gin as you have got none in the house?" A. He asked me to lend him 2d.; I lent it him on the Sunday morning—he did the robbery on the Monday night—the bacon was not there when I lent him the 2d.,—where the bacon is now is what I want to know—I was told there were two men on the top of the wall, and he raised the bacon to them, but I did not see them—I asked the prisoner for it—he told me he had not had it
MR. PAYNE. Q. You keep a room for the sale of eatables and ginger beer? A. Yes; my husband was in prison for having a drunken man come in our room and riot outside—I cannot tell how many people there were there on the night we sat up—my husband was in prison a fortnight, he was there at the time this happened—this robbery was on the Monday night, and on the Saturday night these people were sitting up—they were not people I knew, but strangers coming in for something—the prisoner remained in the room all night, and a female friend of mine—my little girl is seven years old, and the boy is four—they were in the room when I went out that Monday
night—I am sure I left the bacon in the room, and when I came back it was gone, and the box too.
COURT. Q. Was anything taken out of the box? A. No; the prisoner saw me put the money in the box on the Sunday morning when I lent him the 2d.—there were three bolts to the back door, two of them were fastened—one of them is underneath, one in the middle, and one at the top—a man putting his hand through the glass could reach the two bolts.
JOSEPH CLARK (policeman, E 82). I live at the station house, at St. Giles—it is in Clark's-buildings, about 100 yards from where the prosecutor lives in George-street—on Monday night, 7th March, I was called to the house about 12 o'clock, I saw the prosecutrix had got hold of the prisoner by the neck—I asked what was the matter, she said he had robbed her of the bacon, and she would give him in charge—he said nothing—I took him to the station—I returned to the house, I found the glass in the door was broken, and I found the box in the back yard with the poker stuck in it—this is it—the staple has been forced off the lid—the staple is locked in the lock—the glass in the door was so broken, that a hand put in could undo the two lower bolts.
Cross-examined. Q. Do you know this house at all? A. No; I have not been there above five months—I think a person putting in their hand could reach and undo the bolts—I cannot say what is the height of the door—there was paper over the glass—the bolt is at the middle of the door—it is impossible for a man to put his hand through, and reach the bottom.
COURT. Q. Could a man put his hand in and reach the bottom bolt? A. No; I think not—I should say it is three feet from the glass to the bottom bolt—I do not think a man's arm could reach it.
MR. PAYNE. Q. How low does the glass come down? A. There are three panes in the top of the door—I think the door is more than half wood—the pane nearest the wood was broken—I do not know the size of the panes of glass—I do not know what was to prevent a man putting his hand through the lowest pane, and reaching the bottom of the door—the three panes go along the top of the door.
JULIA TOOLE re-examined. The door is half wood and half glass—the panes were not broken before I went out—there was no glass broken—there was no paper—the glass was taken clean out—the bottom bolt was fastened, and the second bolt—the door had four squares of glass, two above, and two below. (The prisoner's father gave him a good character.)
GUILTY . Aged 28.— Confined Twelve Months.
THOMAS STIMPSON . I keep the Alton ale beer house, at Old Brentford. On Saturday night, 26th March, I went to bed at 11 o'clock—I closed the house before I went to bed, but my wife was up after me—she cleaned the house after I went to bed—I came down on the Sunday morning, between 7 and 8 o'clock; 1 saw the fanlight over the back door was open—the door was shut to, but not bolted—there is a spring to the door, it will not stand open—the bars of that fanlight are wide enough for a man to get in—there was a wager laid that a man could not get in, but he could—the space is about seven inches between the bars—they are about two feet high, and they spring—I thought I could not get my head through, but I could—I went
into the bar, and found the tobacco till had been wrenched open—the till stood about half open—the money till was shut to as nearly as possible but it had been wrenched open—I had locked both the tills the night before and taken the keys up stairs with the silver—I had left about 9s. or 10s. in copper, in the till—every farthing of it was gone—one sixpence which I had left in the till was there then, on the silver side—two or three screws of tobacco were gone, and about an ounce of tobacco—there was in the till one halfpenny that looked black, with a hole in it, but I would not swear to it.
MARY STIMPSON . I am the prosecutor's wife. I was up that night after him; I remained up till 12 o'clock—after he had closed the house, I opened the back door, to empty my pail of water—I clean the house after it is closed on Saturday nights—I fastened the back door again with two bolts—any person who got in the house could undo them, and open the door.
SARAH ANN STIMPSON . I am fourteen years old; I am the daughter of the last witness. I was the first person up in the house on the Sunday morning—I came down about half past 7 o'clock (I had gone to bed before my parents the night before); the back door was unbolted—it has a spring, and fastens with a latch—it opens to the yard—there is a wooden fence round the yard, it looks over to the river—any person coming by the side of the river could get to the back door.
EDWARD FIELDER (policeman, T 157). In consequence of some information, I went to the prisoner's lodging, in New Brentford, in the parish of Hanwell—I told him he was charged with breaking into the house of Mr. Stimpson—I searched him, and found on him about two screws of tobacco, which was loose—I then searched his box—the person he was living with said in his presence, that it was his box, and he did not deny it—I found in it 1s 5 1/2 d. in copper—I have them here—here is one black halfpenny, which Mr. Stimpson said be should be able to identify—I received this wall hook, which corresponds with the marks on the till—I tried it myself—the tills were wrenched open with it.
JOHN BRANNAN . I am fifteen years of age, I live at Old Brentford. I remember the night of this robbery—on that evening I went to the Alton ale beer house, between 8 and 9 o'clock, to get change for sixpence—Mrs. Stimpson gave me the change—I counted it, and I objected to one halfpenny—I could not see any reading on it, only three I's—it was a black one, this is it (looking at it), I am sure this is it—I gave it back to Mrs. Stimpson; she put it back in the till, and gave me another.
COURT to MRS. STIMPSON. Q. Did you give this boy change? A. Yes;—he drew my attention to one which Was a black old halfpenny—I cannot remember whether there was a hole in it—I put it in the corner of the till—I did not take particular notice of it, only saw that it was a black halfpenny—I said, "I took it, but I don't wish you to take it. "
MARY ANN WOOD . I live next door to Mr. Stimpson; I keep a coffee shop. On the Sunday morning of this robbery the prisoner came to my house between 1 and 2 o'clock—he had a cup of coffee, and some bread and butter; it came to 6d. or 7d., I cannot exactly remember the amount—he paid me in coppers—he smoked a pipe of tobacco—he took the tobacco out of his own box—he went away about a quarter before 4 o'clock in the morning.
station at Brentford—I bad the custody of the prisoner there—I did not nuke him any promise or use any threat to him—he was crying—I had known him a good bit, and I told him not to cry—he told me Mr. Stimpson had told a lie, for that was all the halfpence he took, and that was all the halfpence that was in the till—he said that Mr. Stimpson said there were four or five screws of tobacco, and there were only two, and that was the tobacco that was found in his pocket.
Prisoner. He said if I would tell the truth he would let me off. Witness. No, I could not; I did not say anything of the kind.
JURY. Q. What did you say to him? A. I told him it was no use to cry and fret, it would make him ill—I have known him living near the station, and knew nothing wrong of him.
Prisoner's Defence. The money found in my box was what was given to me; some would give me farthings, and some halfpence.
GEORGE WHEELER . I am a cow keeper at New Brentford Butts. I have known the prisoner about twelve months—he worked for me—I gave him this bad halfpenny myself—he said, "This is not the, first time you have given me a bad halfpenny"—I said, "I can't help it; I took it and you must take it"—I was not at the police office.
COURT. Q. How came you to know about any halfpenny? A. Because the halfpence were taken out of hit box in my house—the officer came to my bed-room window, and counted them over, 1s. 5 1/2 d.—I gave the prisoner this halfpenny on Saturday afternoon, between 4 and 5 o'clock, with some more—I did not pay him any wages—I used to give him a few halfpence out of my pocket when he wanted a pint of beer, or a screw of tobacco—I gave him a few halfpence that afternoon to get some drink» between 4 and 5 in the day—the halfpenny was an old George the 3rd., and had a bole through it—I have never found the least thing in the world against the prisoner—I have trusted him out with my goods, and to take money—I cut wood, and that is what he has been employed in.
COURT to MRS. STIMPSON. Q. You say that when the boy objected to the halfpenny, you said, "I took it, and I don't wish you to take it?" A. Yes; I took it that day, but I do not know in what part of the day—the prisoner was not in my place to my knowledge.
EDWARD FIELDER re-examined. Brannan saw the halfpenny before the Magistrate, and I believe he saw it once outside the door here—I had the tobacco in a paper, it was running through; I untied the things to tie it afresh, and set the things to rights.
NOT GUILTY .
MR. LILLEY conducted the Prosecution,
MARY MARGARET FITTON . I am the widow of a lieutenant in the Navy; I reside in Clifton-road, Old Kent-road. On 22nd March I got into an omnibus in the Kent-road, for the purpose of going, to London—on the way the prisoner got into the omnibus about a quarter of an hour after we started—she took her seat next me on the right band side—at the time I got into the omnibus my purse was in my pocket—I am sure it was safe at that time—my pocket was on the right side, under my dress—the money to pay the
omnibus was in my glove, in my left hand—I had no occasion to go to my purse between the time of my entering the omnibus and leaving it—I took the other money from my pocket when I entered the omnibus, because I would not take the purse out—on the way from the Kent-road to the City while I sat by the side of the prisoner, I felt a pull at my dress—I looked round immediately, and her band was between us—I then put my hand to my pocket outside, took my glove off, and put my hand inside—at that time my purse was safe, and I am able to say the check was there—I felt it at one end of the purse—I alighted opposite the Royal Exchange—the prisoner got out at the same time, and as we were crossing, she came to me and said, "It is a dangerous crossing, ma'am, take care"—this was the crossing over to the Royal Exchange—I said, "Yes," and crossed—she came to me again when I was opposite the door of the Bank near the Royal Exchange—she said she wanted a Bayswater omnibus—I am not aware that anything induced her to say that—she had not a baby with her then as she has now—I stopped, and put my hand outside my dress, and not feeling my purse, I took my glove off, felt inside, and my purse was gone—I then put my hand on the prisoner's arm, and said to her, "I have lost my purse, and you have taken it; you are the only person that has been near me"—she said, "If you think that I have your purse, you had better go back to the omnibus. "
COURT. Q. Are you sure that she said, "I have your purse "or," You have lost your purse?" A. She said, "If you think that I have the purse."
MR. LILLEY. Q. What then? A. She moved from me, and I put my hand on her arm—she said, "if you are afraid of my running away, take hold of my cloak"—we then ran across to go after the omnibus—I said, "It is no use my going after the omnibus," and soon after my saying that I met a policeman—I still held the prisoner by the cloak—I said to the policeman, "I have been robbed of my purse, and this is the person who has taken it; she is the only person that has been near me"—he said, "Do you give her in charge?"—I said, "Yes"—I walked behind them some little distance, and the policeman took us into a court which I now know leads to the King's Arms Tavern—it is no thoroughfare—he then turned to me and said, "What have you lost?"—I told him, and while I was talking to him he had bold of the prisoner—nothing further passed then, and we went on to the station—the prisoner had on a white bonnet, trimmed with green and lined with white, and a black mantle or cloak which hung below her arms—it had not sleeves, it was more like a shawl—I had a check for 62l. 7s. 1d. in my purse, and one sovereign—before I went down the passage there was a crowd collected—I was a little agitated.
Cross-examined by MR. BALLANTINE. Q. Where was your pocket? A. Under my dress—it was an open pocket, easily got at; an old-fashioned pocket, tied round me—it was on my right hand side—my purse was one of the purses that ladies used to make presents of, for gold at one end and silver at the other—I certainly was a little agitated—this is my purse.
COURT. Q. Was there an opening in your dress corresponding with your pocket? A. Not a pocket-hole, but the opening of my dress behind me—when I was in the omnibus I felt a tug at my dress at the side near where the pocket laid, not near the opening.
CHARLES JOHN JONES . I was at that time in the City police; I am not so now. The prisoner was given into my custody by the last witness on that afternoon, about 3 o'clock—I took the prisoner into the passage leading to the King's Head Tavern—that is about twenty yards from the Mansion House—I went there to escape the inconvenience of the crowd pressing us
there is in that passage a door leading to the tavern—it is all connected together—the King's Head Tavern extends to the Poultry, and this is a kind of lobby to it—it is a private passage—there is a door leading to the street, which was open—I took her about three yards from the door, about midway of the passage—none of the crowd followed us in—I believe the passage is about four or five feet wide, sufficient for two persons to pass together—I remained there about three minutes—the prosecutrix charged the prisoner with having taken a purse containing a sovereign and a check for 62l. 17s. 1d.—I took the prisoner to the station—I was not present when she was searched—she gave the name of Mary Smith, No. 24, Addington-street—I went there, and they knew no such name as Mary Smith.
Cross-examined. Q. Is there anybody here from the house where she gave her address? A. I do not know—this is the reference she gave, made by my inspector at the station; it is No. 24, Addington-street, York-road—I am not aware that she lived there; I cannot swear that she did not—I went to the house to inquire—a woman came to the door—I have not subpœnaed her—I am not in the police force now; I resigned, not on account of this matter—I was not blamed for this; no fault was found with me—I am not aware that it was said that no person could have got rid of this without my seeing it, if I had done my duty—I did not lose sight of this young woman from the time she was given in charge to me—the place where this purse is said to have been found has not been pointed out to me.
COURT. Q. Have you made further inquiries respecting the prisoner's residence? A. Yes; she told me, when I was with her at Newgate, that she had had a child about six weeks, and that she had given a wrong name; her name was M'Nalty—I went to the same place again, and they were all gone sway—I went next door, and they said there was a Mrs. M'Nalty there, hot she had met with an accident on the railway.
HANNAH CURTAIN . I am the wife of Jeremiah Curtain, No. 4, Drake street, Red-lion-square; I carry milk, and supply the King's Head Tavern. On 23rd March I went there about 20 minutes to 8 o'clock in the morning—when the porter opened the door to let me in, I did not see anything; but as the porter opened the door to let me out, I saw something lying behind the door—I picked it up; it was this purse and this check; they were lying a short distance apart—I gave the check to my master.
COURT. Q. You had been in the house with the milk? A. Yes; I came back, and the porter opened the door—I saw this lie, and I picked it up before he opened the door—it was lying close up to the wall; you could not have seen it if the door was open—there was nothing in the purse.
COURT to MRS. FITTON. Q. When you lost it, where was the check? A. In the purse.
Cross-examined. Q. Were the rings down upon it? A. Yes, one on the check in one end, and one on the sovereign in the other. (The prisoner received a good character.)
NOT GUILTY .
CHARLES JOHN JONES . I was in the City police. On 8th March, in the afternoon, I was on duty in St. Thomas the Apostle, about a quarter past 5 o'clock—the prisoner passed me with a bundle, and she was crying—a man opposite said he thought she had something under her shawl—I followed her to Cannon-street West—she stopped in a doorway, and I saw her take
this paper from under her shawl—I asked her if the paper belonged to her—she said that was her business—I asked her where she got it from, and she said she would not tell me—Mr. Pollock came up, and said the paper belonged to him—I took the prisoner into custody.
JOHN POLLOCK, JUN . I am the son of John Pollock, of Great St. Thomas the Apostle; he is a papermaker's agent—I assist in his business. I remember the prisoner coming to our place of business on 8th March; she came to the counting house door—to get there she must pass through the warehouse—she came for charity—she was crying, and she begged of me—I refused to give her anything—I had known her two or three years, and had relieved her on former occasions—when she left I shut the counting house door; I did not see her go through the warehouse—she had to go right through the warehouse—there was paper of this description lying there, close by the door—in consequence of information I followed her, and came up with her with the policeman—this paper is part of what we had; I can tell it by the number of the mill, and the weight, and by the date of the paper, when it was charged in our books; it was on 4th March—I missed this paper when I got back—it was part of a file of paper that bad just come in—there were about twenty reams of the same parcel—it is worth 14s. 6d.
GUILTY. Aged 35.— Judgment Respited,
ELLIS pleaded GUILTY .* Aged 15.— Transported for Seven Years.
MR. MEW conducted the Prosecution,
MICHAEL HAYDON (City policeman). On 10th March I was in Leadenhall-street—I saw the two prisoners; I watched them for about twenty minutes—they were together—I saw Ellis go behind the prosecutor, and Cripps went close behind Ellis, with the skirts of his coat open—Ellis put his hand into the gentleman's pocket, and took out a handkerchief—he put it into his right hand trowsers pocket—I went up and laid hold of Ellis, who then pulled the handkerchief out of his pocket and threw it on the ground—I spoke tot person, who ran after the prosecutor—he came back, and said in the presence of Ellis, "That handkerchief is mine"—I took Ellis to the station—Cripps ran away the moment I took Ellis—he was pursued, and taken by a brother officer—Cripps had a long loose coat on.
Cross-examined by MR. HORRY. Q. This was in the middle of the day? A. Yes; I was on the south side of Leaden hall-street, near Lime-street—the prisoners were on the opposite side—the street was crowded—I was opposite them—Cripps was behind Ellis, and the prosecutor in front of them—he was going along the street; I had a side view of them—Cripps was behind Ellis, and he spread out the tail of his coat—I went and took hold of Ellis, and Cripps ran away—he had had his coat spread open.
COURT. Q. Would that prevent people behind from seeing? A. It would.
CORNELIUS BASSETT (City policeman). I was with the last witness—I saw the prisoners together for a quarter of an hour or twenty minutes before this occurrence—they were in conversation, and walking and following the prosecutor—Ellis put his hand into his coat pocket, took a handkerchief out, and put it into his own right hand trowsers pocket—Haydon took Ellis, and Cripps ran down St. Mary Axe—I followed, and took him in a court—he did not run till Haydon took hold of Ellis—I did not lose sight of him the whole time—I found nothing on him.
THOMAS EDMUND SPENCER . I am an engraver. On that afternoon I was in Leadenhall-street—I was informed by some person I had lost my pocket handkerchief—I saw it, in one or two minutes afterwards, lying on the ground—this is it.
CRIPPS— GUILTY .** Aged 21.— Transported for Seven Years.
THIRD COURT.—Wednesday, April 6th, 1853.
PRESENT—Mr. Ald. COPELAND; Mr. Ald. MOON; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
484. JOHN BAKER , burglariously breaking and entering the dwelling-house of Frances Maria Kelly, and stealing 1 barometer, and 1 handkerchief, value 2l. 2s.; her goods. 2nd COUNT, burglariously breaking out of the said dwelling-house, and stealing said goods.
FRANCES MARIA KELLY . I am a single woman. On Tuesday, 15th March, Mary Greville slept in the same room with me—we retired to rest as nearly as possible about 12 o'clock—Miss Greville went to bed last—about 2 o'clock in the morning I was aroused by the growling of my dog, who sleeps outside of the door of my bedroom—we both heard a violent skiffle with the dog—he seemed to seize something and pursue something down stairs, and I heard something fall, and afterwards found something which had been placed to keep him up stairs had fallen—Miss Greville got up, took a candle, lighted it by the night light, and went into the dressing-room adjoining, which does not open into the bedroom—I heard her scream out in a very terrified manner, "A man! a man!"—she then came back into my room, and closed the door—I opened the window of the house, gave an alarm, and the police came—I refused to go down stairs then, but I did afterwards, and found a constable at the back door—it was then very nearly half past 2 o'clock, not quite half an hour after I was first alarmed—since that some difficulty had been found in opening the door, and this morning I tried it myself, and after much difficulty did lock it, and this piece of iron (produced) dropped out of the lock—I found a small press ransacked, and the floor strewed with burning of papers which appeared to have been lighted for some purpose—a candle was turned down on the bed—things were distributed all over the kitchen—a barometer had been taken from the staircase where it had been hanging up, and placed in the kitchen—this is it (produced)—the prisoner was soon afterwards brought to the house by a constable—this handkerchief (produced) is mine—it was kept in a press in the dressing-room—I am confident it was there up to the time the man came into the house—I had seen it constantly.
Prisoner. It is my handkerchief; I was taken half a mile from the house, and taken back. Witness. I did not miss the handkerchief till it was found, but its peculiar history makes it impossible for me to have the least doubt about it—I sewed the border on to it for the purposes of my profession, and I have worn it on my head upwards of two hundred times for a particular purpose; for thirty-five years.
MARY ELLEN GREVILLE . I was residing with Miss Kelly. Early in the morning of the 16th I was aroused by the dog barking, and distinctly heard something fall down stairs—I got out of bed, took a candle, went into the dressing-room, and saw a man who resembles the prisoner standing facing me—I feel convinced he is the person—I called out, "A man!" and, having
extinguished the candle by accident, went into Miss Kelly's room—she made an alarm, and the police arrived—we then went down, and found a policeman holding the back-door in his hand—I was the last person up the night before and left that door closed in the usual manner—I fastened it myself—when the prisoner was brought back I told the police that he was dressed precisely the same, but he was then very red, and when I saw him in the room he was pale—I feel certain he is the man.
ALFRED PAIN (policeman,) About half-past 2 o'clock on the morning of 16th March I heard a cry of "Police!" went into the garden of 30, Moscow-road, and saw the prisoner come from the back-door—that is Miss Kelly's house—he went over the wall into a field—I called out, M Look out, there be goes!" to another policeman who was on duty in the field—I got over into the garden of No. 30, and found the back-door open, but there was no appearance of violence—I found things strewed about, and this barometer standing against the table in the front kitchen—Kemp brought back the prisoner.
THOMAS KEMP (policeman.) On the morning of 16th March I was on duty in Westbourne-grove, and heard a cry of "Police!"—I went to the field at the back of Moscow-road, and heard a cry of "Look out, there he goes!"—I ran directly into the field, and saw the prisoner standing in a ditch at the back of Moscow-road—I know Miss Kelly's premises—by getting over the wall you can get to where the prisoner was standing—I secured him, and asked him what he was doing there—he said he was doing nothing—he tried to twist my arm to get away—a brother constable came, and I took him to the station, searched him, and found this silk handkerchief in his right-hand pocket, these shoes, and a pair of socks—he had no shoes or stockings on.
Prisoner. Q. Was not I sitting down in the ditch? A. You were standing up when I saw you—it is more than two yards from the thoroughfare—it is one hundred yards.
SOLOMON HANNANT (police inspector D.) The prisoner was brought to the station by Kemp, who searched him in my presence, and found this handkerchief in his right-hand coat pocket—I asked the constable what it was for, and he said it was for breaking into the house No. 30, Moscow-road—the prisoner said, "I know nothing about it"—I said, "This handkerchief will be sufficient to show it does not belong to you," for he had another handkerchief, which was very dirty—I went and examined the house, and found the back-door open—there were no marks on it, either on the inside or the outside, therefore it must have been opened in the usual way—that was the only door that was open—the front kitchen door was fastened and bolted—there was no appearance of anybody getting in from the outside.
ALFRED PAIN re-examined. I examined the lock of the door this morning—this piece of iron produced is not a part of the lock—it must have been pot in somehow or other; how I cannot say, for the lock is perfectly whole—the house is in the parish of Paddington.
Prisoner's Defence. I was taken into custody, and the policeman asked me what I had got about me; I said I had nothing but what belonged to myself; another policeman in plain clothes came, and the moment I entered he struck me on the head and jaw, and on my hand; it is scarcely well now; I asked what I was charged with; he said he didn't know, and I was taken to the station house; another policeman was there, who struck me three times.
GUILTY on 2nd Count. Aged 20.— Transported for Seven Years.
NOT GUILTY .
GUILTY . Aged 30.— Confined Six Months.
BURNS pleaded GUILTY .** Aged 17.— Transported for Seven Years.
GEORGE TAPLING . I live in Wood-street. On Monday morning, 4th April, I was in Aldersgate-street about 9 o'clock, and saw the two prisoners—they followed close at my heels, and Burns trod on my stick, which fell out of my hand—I picked it up again, and Dimmock gave me his pocket handkerchief to wipe it with—I immediately felt, and missed my handkerchief, which I had seen safe about ten minutes before, and told Dimmock he had taken it, which he denied—I took him by the collar, and ran of with him into as very small court, where I overtook Burns—they both turned out their pockets, and I found my handkerchief underneath Burns's coat—this (produced) is it—I gave them in charge.
GEORGE TAYLOR SWAN (City policeman). I took the prisoners, searched them, and found on Burns a purse, and 5 1/2 d., and upon Dimmock a tobacco-box, a sixpence, and two halfpennies—the prosecutor gave me this handkerchief—I did not see it taken from Burns
DIMMOCK— GUILTY .**† Aged 18.— Transported for Severn Years.
WILLIAM BURCHETT . I am a boot and shoemaker of Holborn. The prisoner was in my service—on 8th March, he was going to his dinner about 12 o'clock—he left his work in the shop—he was away about an hour—after he returned from his dinner I spoke to a policeman, and about an hour after the prisoner returned I missed two pairs of boot legs—he afterwards went out again, and I did not see him again till I saw him at the station-house—I saw two pairs of boot legs there—they were what I had lost—they have two private marks on them.
Cross-examined by MR. SLEIGH. Q. I believe he had been in your employment between three and four years? A. Yes; he was a clicker—the duty of a clicker is to cut out the uppers of ladies' boots and shoes—we give the work out to workpeople—the binding is done by one set of workpeople—I give them out to the binders myself, book them, and number them, and after they come back they are delivered into the prisoner's possession to take care of—I never take them to the binders myself, they always fetch them—I take them of the binders myself, and after that they come under the shopman's care—persons in my employ never take out things to the binders or closers without my orders; I have given orders to the contrary, but if a particular pair is wanted in a hurry, I should send them out—it is no part of the prisoner's business to take them out anywhere—I have no foreman, I conduct the business myself—there was no one in my employ but the prisoner who had to do with these goods—I employ several persons—my sons act for me in my absence—they are not here to day—it would be the prisoner's duty to obey my sons in my absence.
in consequence of which I watched his door, and about a quarter to 4 o'clock saw the prisoner come out—I followed him into Greystock-place, Fetter-lane—I then missed him, and afterwards saw him near a public house—I did not see him actually leave the door of it—I followed him again, a man stopped him, and I told him some one had been inquiring after him, and took him into custody—I told him he must come with me, he must go to the station on a charge of stealing these boot legs (he had got this parcel in his hand)—I asked him what he was going to do with it, at the shop—he said, after a little hesitation, he was going to take them to the binders—I asked him if be had any more—he said yes, and took one of these pairs from his coat pocket behind—I asked if he had any more, and he took this other pair from his right hand trowsers pocket—the parcel contained a pair of materials which he is not charged with—I searched his house, and found a pair of children's boots under the bed—he has got children of his own.
Cross-examined. Q. When you went up to him me the street, did not you say you took him into custody on suspicion of robbing his master of some boot legs? A. No, I did not mention boot legs at all then—it was previous to taking him to the station that I told him he was charged with stealing these boot legs—I did not ask him what he had in the parcel when I took him, or what he was going to do with the parcel till we got to the shop—there was nothing said at the time I took him, about boot legs—I am sure he said he was going to take them to the binder's, not to the maker's—I have been three years in the force.
(The prisoner received a good character.)
NOT GUILTY .
MR. PARRY conducted the Prosecution.
ROBERT CARR . I am landlord of the Royal Oak, Wapping-lane—about December, 1847, or the beginning of 1848, the prisoner was living six or seven doors off me—I knew him for a very short time—he used to come in and out of my place when he was at home—at one time he came to me, said he had got a ship, and asked me if I could cash his notes—I said I had no objection—he produced these two notes—this is his writing on the back of this one—I have had them in my possession ever since [These being read were seamens' advanced notes, one for 7l., payable three days after the sailing of the ship, Caroline Augusta. from Gravesend, to Thomas Burns; and the other for 4l. 10s., payable to James Britton]—I saw the prisoner write this at my counter—I advanced him 11l. 10s.—I said, "This appears a very ugly advance;" and he said, "It is all right, Thomas Burns is going to be chief mate"—Burns was not there—the 7l. was payable to him—it is a common thing for sailors to get advances on these notes—about five minutes afterwards I was going out to Limehouse, and was passing the prisoner's door—Heand his wife were in a cab, and I never saw any more of them till now—I cannot say whether there was any man with them—the notes have never been paid, although I presented them duly at the American Consul's—I named the matter to the police, in consequence of which the prisoner was taken—he said he was very sorry, he did not wish to cheat me, his uncle and he were coming down to pay me.
Prisoner. Q. Do you know any dishonesty attached to my character?
A. Not till this time—I cashed a note for you once before—I did not charge you a shilling in the pound—I do charge that to strangers—I have received a letter from you.
GARNETT DILLON (policeman). On the night of 2nd March, I apprehended the prisoner at No. 2. Juniper-row, Shadwell—Mr. Carr was with me, and gave him into custody—he said, "I give this man into custody for receiving 11l. 10s. from me on two forged orders"—the prisoner said he was very sorry, for he had never had a day's luck ever since he received the money, and he intended, when he got money, to repay him—I produce this letter, which Mr. Carr gave me.
JAMES JOHN JOHNSON . I was in the Customs—I now reside at No. 2, Albion-cottages, Holloway—I was a clerk in the Report Office—I know the handwriting of Mr. Cremer, the captain of the vessel—I do not believe this "J. B. Cremer," upon these notes, to be his writing.
Prisoner. Q. Do you know whether the captain authorised the mate to sign those notes? A. I do not; I have seen Mr. Cremer write, and believe this is not his writing.
HYMAN LAZARUS SAMPSON . I am an outfitter—in 1847, I was ship's husband to the Caroline Augusta of Salem, bound to Penang—the captain sent all the crew to my place to take their advances, and I paid the whole crew—the prisoner was not one of them to my knowledge—I do not know whether Thomas Bird was one of the crew—no advance notes were made out for the ship—they are sometimes made out for American ships, but were not in this instance—the advance I paid was two months—I know that no advance notes were made out, because I had an order from the captain to pay all the men, and I did so—it was not in writing—they were paid at my place in ready money—there were twelve men—I know the Caroline Augusta. and had frequently been on board of her while—she was preparing for that voyage—I think the complement of men was twelve, and I think I paid twelve—I know something of ships—American ships do not carry quite so many men as English ships—the men had signed articles at the American Consul's—the ship was 600 tons burden, but American ships carry about half the number of hands that other vessels do—they pay more wages.
ROBERT CARR re-examined, I received this letter—I believe it to be in the prisoner's writing [This letter being read, was written from the House of Detention, addressed to Mr. Carr, and contained the following expressions:"The Devil has tempted me once, but he never will again; I have never had a day's luck since I received the money from you; I will work the finger nails off my hands to pay you," Signed, "James Britton"]—the prisoner was in custody when I received that letter, and the matter was in the bands of the Magistrate—I have no ill-feeling against the prisoner, but have been bound over to prosecute.
GUILTY . Aged 18.— Confined Twelve Months ,
OLD COURT.—Thursday, April 7th, 1853.
PRESENT—Mr. Justice ERLE; Sir JAMBS DUKE, Bart., Ald.; Mr. Ald. HUNTER; Sir ROBERT WALTER CARDEN, Knt., Ald.; and RUSSELL GURNEY, Esq.
Before Mr. Justice Erie and the Fourth Jury,
490. THOMAS MACKETT was indicted for the wilful murder of Eliza Lea: he was also charged, on the Coroner's Inquisition, with feloniously wilfully, and of his malice aforethought, killing and slaying Eliza Lea.
MESSRS. BODKIN, DEARSLEY, and SLEIGH conducted the Prosecution.
WILLIAM LEA . I am a labouring man, residing at No. 68 1/2, Augustus-street, Regent's-park. I am the father of the deceased, Eliza Lea—the last time I saw her alive was on Monday, 31st Jan., at half-past 7 o'clock in the morning—I know the prisoner well—my daughter and he had lived together, and had been separated between five and six months—I saw the body of my daughter about half-past 11 o'clock, on Monday night, when I was fetched by the policeman—when I saw her last she was in very good health, and most excellent spirits she enjoyed at home all day on Sunday with me—she was twenty-six years of age within one month.
Cross-examined by MR. PARRY. Q. Do I understand you to say that she was in very excellent spirits on the Sunday? A. I do; I noticed that, and my wife also—she was a girl that enjoyed a very good now of spirits—I cannot say that I noticed that more than usual on the Sunday; she was in the habit of coming every Sunday to dinner; her spirits seemed to be just at usual, a good flow of spirits—I did not say just now that they were more than usual that day—she was a girl that had a very good flow of spirits; that was her general character—she was the same on the Sunday as she always was when she came to see us-—she did not live with me, but I gave her the opportunity of coming to my house to dinner every Sunday from the time of the separation—the last time I saw her was at half-past 7 o'clock in the morning, when I called at home to tell my wife I should not be back to breakfast—I know that my wife gave her half a sovereign that morning—she was to get some things out of pawn with it—they were in pawn in Hanover-street, Tottenham Court-road—it was to fetch an article out of pawn that had been pledged by her and the prisoner—the half sovereign was to get the things out of pawn, and to buy some things to make a dress for one of my children, such as trimmings—she was to bring the things back—I live in Augustus-street—my daughter was well acquainted with that neighbourhood—I do not know that she was in the habit of going to the Regalia no more than if a friend or so was going by she might call in—I cannot say that I have not seen her a little tipsy, but that has been principally when they have been out marketing together; it was very little, but I have seen it; like young people when they get in company, but nothing more.
MR. BODKIN. Q. Whereabouts in Augustus-street is your house; if it nearer to London than the Regalia 1A. Nearer the Regalia nearer to Camden Town, than Tottenham Court-road—a person going up Augustus-street from the New-road would come to my house before he came to the Regalia—the Regalia is about 150 yards from my house, as near as I can guess, on the same side of the way—I know the Victoria very well—a person coming from the Victoria to my house would not have to go along the towing path by the side of the canal.
MARY ANN LEA . I am the mother of the deceased. I remember seeing her on Monday morning, 31st Jan.—she spent the Sunday with me, and slept at my house that night—she had been living with the prisoner for five or six years as his wife—they had been separated for five months—she was not living with me at the time in question; she was living in Portland Town, at a place called Townsend-cottages, I think—she went out on Monday morning, about 9 o'clock, or a little after—before she went I gave her a half sovereign and a duplicate to get an article out of pledge in Tottenham Court-road—she was to buy some lining, some trimmings, some buttons, and a reel
of cotton—it was, to make two frocks for two of my children—She went out for the purpose of getting the stuff from the pawnbroker's to make the dress—it was merino—there were five or six yards of it—I should know it again—this (produced) is it—I know it by the colour—it is merino, and of the same quantity, five or six yards—it had been pawned about ten or eleven months—she was to redeem it, and to buy some lining, trimming, and buttons, to make it up on the same day, or Tuesday—I expected her back in half an hour, if they did not keep her at the pawnbroker's—she did not return—I never saw her again alive—I afterwards saw her dead body at St. Pancras-workhouse—I had never been to her lodgings in Townsend-cottages—she got her living by going out to work at ironing at a laundress's.
Cross-examined. Q. I believe that she had not lived with the prisoner for the last five or six months, had she? A. Not for five months—she had worked for her living that time—I was aware of their separation—she got her living by going out to a laundress to iron—that is very poor work, but she used to earn enough to support herself, both by washing and ironing and doing needlework at times—it was about 9 o'clock on the Monday morning when she left my house, as near as can be—Townsend-cottages is somewhere St. John's-wood way, but I do not know the neighbourhood—I did not give her any more money besides the half sovereign—I wished her to get it changed before she went, and only to take the money she would want—the amount of the pledge was 3s., and the interest would have been only a few pence—I wished her to change the half sovereign, and take the exact money—she said she should perhaps get bad change in the neighbourhood, and she had better get it at the pawnbroker's—I have never seen my daughter intoxicated—she was subject to hysterics and illness if she was out in company—she was very spirited; she had high spirits—I only taw her in hysterics once—I attributed the excitement to some hysterical feelings, and not to drink—she had been out in company at the time—I have known her to be hysterical when she has been out in company—it was crying hysterics.
COURT. Q. Did you see her more than once in hysterics? A. No, not more than once.
MR. PARRY. Q. When you say she was spirited, do you mean that she was a very high-spirited young woman? A. She was full of spirits, full of life; she had a very happy appearance—I do not know what you mean by high-spirited, but she was always happy, poor thing—I expected her back in the course of the morning—she was to be with me to make up the dress for my youngest child—I said to her as she went out of my room, "Eliza, what time shall you be back?" and she said, "I shall be back in half an how, if I am not kept at the shop."
MR. BODKIN. Q. You say your daughter was of a happy disposition? A. Yes; that was so after she was separated from the prisoner—she still seemed happy, but on the worrit, for fear she should meet him, for fear he should molest her—she seemed as happy as usual when she went out that morning; she seemed very happy.
SARAH HERMITAGE . I am the wife of Richard Hermitage, a labourer—he is an acquaintance of the prisoner's—the prisoner is a labourer, and works for a mason—I knew him living with the deceased girl Lea—I knew them when they lived together—I reside at No. 32, Pratt-street, Camden town—on Monday 31st Jan., about a quarter to 11 o'clock in the morning, I was in the Hampstead-road, and met Eliza Lea—she was alone—she had a parcel with her in brown paper—I saw the contents of it; she showed it to me when I first met her—it contained blue merino, some lining, two dozen
buttons, some gimp, and a reel of cotton—after she showed me the things the parcel was done up again—she made some inquiry of me about the prisoner, in consequence of which I went with her to Kensington—he was not there—we then returned, and went to Henry-street, Margaret-street, Oxford-street—there is a church building there—we found the prisoner at work there—it was about 20 minutes past 5 o'clock when we got there—the deceased spoke to him—I did not hear what passed—after she had spoken to him he went in and fetched out his basket—(looking at a basket produced by the policeman)—I cannot say that this is the basket, it was such a basket as this, and there was a tin bottle like this—I cannot tell whether he put it into the basket or not—he carried the basket with him, and came with us—the deceased and he and I came away together—we went into a public house close by the building, and had a pot of beer there—Eliza Lea paid for it, it came to fourpence—we then left the house.
Q. Did he make any communication to you at that public house about being married? A. He told Eliza that he was married—that was at that house—she said she did not believe it—he said, "I am, so help me God!" and she said she would not believe it without he showed her the certificate—nothing more passed upon that—we then left the public house, and went into the New-road—we stopped at another house at the corner of the New-road—I do not remember the name of it—we had a pot of beer there—the deceased paid for it—we then came on again towards my house—we went to the Southampton Arms, and had a quartern of gin there—there were three glasses, we each had one—she paid for that—I think it was about half past 7 or a quarter to 8 o'clock when we left the Southampton Arms—I then proposed that we should go to my lodgings in Pratt-street to have tea and we all three went there—we got there about 8 o'clock—my husband came in about 10 minutes past 9 o'clock—we had a pot of beer at home besides the tea.
Q. In what state of spirits was the deceased as to cheerfulness during the whole of this day? A. Very cheerful; I did not notice any change at all in her manner after the prisoner had told her that he was married—after having had the tea and the beer she said to my husband, "Let's hare a song"—my husband said no, he would not have it, it was getting late, and she said she would sing whether he liked it or not—she did sing a song, and then she called upon Mackett—he objected, but he did sing—they left my place at about a quarter to 10 o'clock—they left together—as she was going she asked me if I would allow her to leave her parcel at my place, and take it to her mother the next day—I told her no, and she took it off the table, and said, "Then I will take it myself," and she did take it, and the prisoner took his basket and bottle—when we had the last pot of beer at my place the deceased said she had only got two pence halfpenny, and she asked me if I would lend her a penny to make up the money to pay, and I lent her a penny—when we first met the prisoner she asked him whether he was going to stand anything to drink, and he said he had no money but two pence which he had brought with him to get a pint of beer for his dinner, and she said, "Well, I will stand a pot of beer, Tom, if I never see you again"—that was at their first meeting near the church, before we went in to have the first pot of beer, in Henry-street—I occupy the second floor in Pratt-street—I did not go down stairs with them when they left—neither of them were at all in liquor when they left—they appeared on the best of terms when they went away.
Cross-examined. Q. What time do you say it was when you first met
her? A. About a quarter to 11 o'clock, in the Hampstead-road; they appeared on the best of terms when they left my house—it was to the Queen's-road, Kensington, that she and I went; that is close to Kensington palace—I dare say that is four miles or more from the Hampstead road—we walked there—she said she heard that the prisoner was at work there, and asked me to go with her to find him—we did not have any dinner that day—we had a biscuit and some cheese—I cannot tell you where that was, but I think it was in Oxford-street—we did not have any regular dinner—I have known her for some years, and the prisoner also—for very nearly seven years—the biscuit and cheese was the only refreshment we had up to a quarter to 5 o'clock, when we got to Margaret-street—we walked all the way back from Kensington to Margaret-street—she appeared in good spirits—she seemed very lively that day, more so than usual—she was not singing as we went along, walking and talking, nothing else—we got to my house at about a quarter to 8 o'clock—the prisoner was at work in Margaret-street—we did not see him at work—she asked a man for him, and the man sent him out—we had some beer at the public house—it was before we went in that she said "I will stand a pot of beer, Tom, if I never see you again"—he told her that he was married, and then she said, "I will stand a pot of beer, Tom, if I never see you again"—she had no spirits there, I am almost sure of that—there was only a pot of beer; it was a pot of beer that we had at my house; she had no spirits at my house—she did not send for any—she paid for the little refreshment we had in the course of the day, as I was going with her at her wish—when we saw the prisoner he asked when my husband would come home, and he said as he had got so far he would come up and see him—she sang at my house, and he sang also—she insisted on his singing—she was rather in additional spirits then; in better spirits than she had been during the day—the song she sang was, "As I wandered by the brook side, as I wandered by the mill," or something of that sort—it was a sentimental song—before she left she asked me to take care of her parcel, and take it to her mother's, which I declined—she did not say she could not go home to her mother's because she had spent her money—she simply asked me to take it for her the next day—they were at my house for about two hours—it was a very dark night, very foggy—yon could hardly see your hand before you when they left—it was one of the very foggy nights which we had about that time—I have never seen the deceased in hysterics—she used occasionlly to get intoxicated.
MR. DEARSLEY. Q. Was she carrying the brown paper parcel herself when she left the house? A. Yes
HENRY TIMPSON . My father keeps die Victoria public house, in Morning ton-road, St. Pancras; he does not live there himself, but I do. On Monday night, 31st Jan., I remember seeing the prisoner at our house, about half past 10 o'clock; there was a female with him—they came to the front of the bar, and had something to drink—it was a quartern of gin—I cannot say that I noticed the prisoner having a basket with him, but I believe he did have one—I had seen the female before—I did not see them leave the house—I believe they were sober—on the same night, between 12 and 1 o'clock, I saw the dead body of a woman, at the Regalia public house—I believe it was the body of the woman whom I had seen alive that night—I have no doubt upon the subject—I cannot say that I saw her clothes—I did not see the prisoner again that night.
Cross-examined. Q. Had you seen the woman before? A. Yes; I speak positively about her—I had seen the man before—I am not equally positive about him.
HENRY SWINDON WILSON . I am a pianoforte maker. At the time in question I lived at No. 2, Henry-street, Cumberland-market—I have since removed to No. 16, Gloucester-place—on 31st Jan. I was at the Regalia public house, in Augustus-street, from 9 o'clock in the evening till very nearly 2 o'clock in the morning—about 11 o'clock that night I had occasion to go into the back garden—there is a canal at the bottom of the garden, and a passage at the left hand side, running parallel with the garden—whilst I was in the garden I heard the sounds of some one in the water, apparently a woman—it was a gurgling sound, as of a person attempting to make a cry, but smothered by the water—I could make out no word—I heard no sound of the water at all—before I moved from the spot, I heard the sound of a man running up this passage from the canal—I heard that very distinctly—he appeared to be running fast—I ran from the garden through the house—Mr. Wolfe, the landlord, was in the bar—I called out to him, "Wolfe, Wolfe! here is something the matter!" and ran through the house, and turned to the top of the passage to go to the canal—that was the same passage of which I have spoken, which the man was running up—I met a man there.
Q. Can you speak as to that man? A. To the best of my belief, but I cannot swear to him—to the best of my belief it was Thomas Mackett, the prisoner—I ran quite close to the man—he had on a light jacket and light trowsers, and a white cap, and a basket or bundle under his arm—I noticed his height; it was apparently about five feet eight, or something near that—I spoke to him, and asked him what was the matter—he replied, "I think therein woman thrown herself in the water"—I did not say anything to him then—Mr. Wolfe spoke to him—he had followed me—the man appeared in mind very cool and collected—what Mr. Wolfe said was to the effect, "Come down and give her assistance then"—he said that to the man—we then proceeded down to the canal, Mr. Wolfe going first, followed by the prisoner, and I following after him—when I got down to the canal I still heard the gurgling sounds once or twice, and several splashes in the water—Mr. Wolfe said he would go and fetch a light, and he went up the passage, followed by the prisoner—I remained at the water's edge—I did not move from the spot till Mr. Wolfe returned with the light—the man whom I suppose to be the prisoner did not return with Mr. Wolfe—I immediately went in search of him, in consequence of something which Mr. Wolfe said, and attempted to find him—I went down Augustus-street, towards Cumberland-market—I did not find the man—I met the policeman, 144, I think, and he returned with me to the canal—there were several more persons at the edge of the wafer at that time, and I saw Percival the policeman with a rope, which Mr. Wolfe had brought when he brought the candle—they tied a stone to it—Percival threw it in—it caught under the arm of the deceased woman, and she was gently drawn in to the water's edge.
Q. When you first heard the footsteps coming up the passage, could you form any opinion as to whether they were near, or at some distance from the canal? A. Close to the edge—I should imagine they proceeded from almost the immediate edge of the water—I was not far from the edge myself—I do not know the width of the towing path; it is something about thirteen feet perhaps—I believe the distance from the spot at which I first heard the footsteps to the spot where I first met the man, as measured in the plan produced, is 119 feet—that would be about the distance—the distance from the spot in the garden where I was to the spot where I met the prisoner was about sixty feet—immediately I heard the footsteps I went into the house—I ran at the top of my speed, but I had to open two doors.
Cross-examined. Q. You have not been asked this question, but I think it was so foggy thatyoucould hardly see a foot into the water, could yon? A. No—the body of the deceased was found rather towards the opposite side of the canal—I should say the width of the canal is about thirty feet, or nearly that—the body was found fifteen or eighteen feet, I should think, from the edge of the towing-path—the passage that I speak of is used for the purpose of attaching the horses to the barges at the basin—it is the commencement of the towing-path—it is well known in the neighbourhood—I do not know that men and women go down there of an evening—I have never witnessed anything of the kind—I have used that passage myself as a means of going to Primrose-hill—it is a short cut—it brings you out a considerable distance above the York and Albany—you get out close by Primrose-hill—it may be nearly a quarter of a mile long, or probably not so much—I have always declined to swear positively to this man, and have always expressed myself in the same way as I have to-day—I could not swear whether it was a bundle or a basket that he had.
SAMUEL ROBERT WOLFE . I keep the Regalia public house, in Augustus-street. On the night of the 31st Jan., in consequence of a communication made to me by Mr. Wilson, I went out of my house—when I had gone a few yards out of my house with Mr. Wilson, I met a man—I am not able to say that I see that man in Court—I did not distinguish his features at all—it was a dark, foggy night, and, going from the light, and understanding there was something wrong, my attention was taken to the water, so that I did not distinguish the features of the man at all—he bad on a white dress, I could see that—it was a light-coloured dress, but I could not distinguish what texture it was—it was a jacket—I noticed the man's stature—when I met him, I said, "Halloa! what's the matter?" and he made answer, "I think there is a woman in the water"—I do not know what he was doing at that time, for I felt a little irritated myself—I did not know at the moment whether he was standing still or walking, but I thought perhaps he bad turned in the gateway, hearing the noise—I do not know whether he was walking towards us, or whether he had just turned in—I did not notice which way he was standing—he appeared to be standing half-sideways like when I went in—I said to him, "Let us see whether we cannot assist her"—his observation to me was, "I think there is a woman in the water," or, "I think there is somebody in the water"—it was one or the other—it was words to that effect—when I said, "Let us see if we cannot help her," I ran down to the canal, and left Mr. Wilson and the man behind me—they followed me to the water's edge—when I got to the bank I heard a gurgling noise in the water, a stifling, as if of choking from the water—I went to get a light, and left Mr. Wilson and the man there—I returned in a few minutes with a light—I then only saw Mr. Wilson there—the man was not there—after some exertions, we succeeded in getting the body of the woman out shortly afterwards.
Cross-examined. Q. How many persons came to help besides you and Mr. Wilson and the man; were there other persons? A. Oh, a great many—not when I returned with the light—there was only Mr. Wilson there then, I am quite sure of that—afterwards there were a great many—I dare say I had thirty in one of my rooms, and I dare say they were all there, and more besides—I do not think there were many working men in the tap-room then—I am not sure—my tap-room is frequented by working men, but I think it was too late for them—I should not think there would be above one or two there—I did not know at the moment whether the man had turned in at the gateway, hearing a noise, or whether he had come up from the canal—I did
not even look at the man—I did not recognize his features—my only anxiety was to get to the water.
Q. I believe this was rather a dark, foggy night, was it not? A. It was a good deal foggier after 11 o'clock.
Q. But I am speaking about this time? A. No, it was not so foggy as it had been—there was a gas-lamp close by the place where I was—I believe the person who passed me to be the prisoner—I have not the least doubt about it—I had never seen him before—I noticed his dress—he had on a flannel jacket, and, I thought, a pair of corduroy trousers, smeared with plaister or mortar—he had on a kind of a lightish cap—he was about five or six yards from me I think, at the time I observed his dress—he was going in a direction towards the York and Albany—he had either a bundle or a basket under his left arm—shortly after, a person of the name of Adams gave me some information, in consequence of which I went down to the Regalia—I was present when the body of the deceased was taken from the water—I sent for Mr. Johnson, the doctor, and he came.
Cross-examined. Q. When did you first see this man again? A. At the Coroner's inquest—I had seen him at the police court before that—I did not make a note of that—I saw him at the Marylebone police court whilst he was under examination—I will not say whether that was before I saw him at the inquest, or afterwards; I cannot say—I have not the least doubt about the man—I noticed him go by me—there was only the prisoner and Adams passed me as I stood there; no one else—they were the only two male persons that passed me—it was Adams who gave me information that there was a woman in the water—the woman's clothes did not appear torn at all, or disturbed, not the least—I was the person who took her out of the water—when I saw the prisoner he was about 100 yards from the Regalia; I have measured it.
MR. DEARSLEY. Q. Is this place about that hour of the night much frequented where you were on duty, and where you saw the prisoner? A. No, not much frequented.
CHARLES BOW (policeman, S 383). From information I received on the morning of 1st Feb., I went to a new chapel that is being built in Margaret street, Cavendish-square—I afterwards went to a place called Eccleston buildings, close to the Marylebone police court—I think that was about 1 o'clock—I there found the prisoner—there were other parties in the room—I did not go in—I saw a woman in the room—I called the prisoner out, and told him that his employer, Mr. Norris, wanted him to go somewhere to erect a scaffolding—he came with me—after we had gone, I suppose, 500 yards on, I told him I was a police-officer, and I wanted to ask him a question or two; he might answer me, or not, as he thought fit—I said, "I believe you were in the company of a woman named Lea last night?"—he said, "Í was"—I said, "Where did you leave her?"—he said, "At a friend's house in Pratt-street, Camden-town; where is she now?"—I said, "I believe she is in St. Pancras' workhouse; she was found last night in the canal, at the back of the Regalia"—he said, "Is she dead?"—I said, "Yes, she is, and I shall take you into custody, on suspicion of having caused her death by throwing her into the water"—he immediately dropped his head upon his bosom—I took him by the sleeve, and led him along—we walked about 200 yards, I suppose, before bespoke—he then rose
himself up, and said, "I shall be able to clear myself"—I then took him to the station-house—on the Toad I said to him, "Was that your wife that I saw?"—he said, "Yes; I got married last Sunday week"—I left him at the police court close by, in the custody of another constable, and returned to the room from which I had taken him—I there got a brown paper parcel—it was produced by the woman who said she was the prisoner's wife—it contained some merino, lining, buttons, and a reel of cotton—those are the things that have been produced—I went a second time the same day to the same house, in Eccleston-buildings, and brought away from the room this basket that has been produced—the bottle was in the basket; I took it out and put it on the drawers—I believe it is the same bottle; it was one like it—I took that when I went a third time to the house—I know the neighbourhood of Augustus street and the Regalia perfectly well—if a person was going from the Regalia to Eccleston-buildings, he would not pass through Augustus-street in the direction of the York and Albany—the York and Albany is at the top of Park-village East, and Augustus-street is at the bottom—a person going through Augustus-street towards the York and Albany would be going away from Eccleston-buildings, quite in a contrary direction.
Cross-examined. Q. There is not the shadow of a doubt about that, I appose? A. No—I was in plain clothes when I went to apprehend the prisoner—when I told him that his master, Mr. Norm, wanted him to erect a scaffolding, that was a falsehood of my own invention; I wanted to get him out of the court before I let him know what I wanted with him—I was quite alone, and it is a very low neighbourhood—it was about 1 o'clock in the day—the moment he was called he made his appearance—I am not generally in the habit of inventing falsehoods—it was not done to throw the prisoner off his guard—Eccleston-buildings is within sight of the police court—it is not a general thing with the police to tell untruths of this kind—we adopt the best plan we can—I did not think it was wrong, because I had not told him who or what I was at that time—I walked, I should think, quite 500 yards before I told him—he was walking by my side—he was talking about the building in Margaret-street—he asked me if I had seen it—I said, "Yes"—he said it was a very nice building, and I said it Was—I bad seen it—I had been there previously—I went to find out who his master was—I am not aware that when a person is charged with an offence, neither the Judge nor any one else can ask him a single question; I swear that—I put the questions to him, having told him he might answer them if he liked—I had told him I was a policeman before I put the questions—I had not told him the charge on which I apprehended him—I was not fishing for information; I had not the slightest object of that kind—I did not ask him any question in reference to the case, not the slightest question—when I asked him whether he was in company with a young girl named Lea last night, that was after I had told him I was a police-officer—I had not then told him the offence he was charged with—I had told him he might answer, or not, as he liked—I did not put the question for the purpose of entrapping him into answers—I had no object in putting the questions—I did not put the questions till I had told him I was a policeman—after I had told him that, I had an object in putting the questions; but if be had thought proper not to answer me, he had no business to have done so.
MR. DEARSLEY. Q. Do I distinctly understand that no questions were put by you, or answered by the prisoner, till you had first told himyouwere a policeman? A. Not the slightest question, and after I bad told him I was a policeman, I told him he was not bound to answer the questions without he liked, and then I put the questions—the reason I invented the falsehood was,
because the court where the prisoner was living is a very low Irish court, and a great number of loose characters being in it, and I being alone, I thought it was possible, if I had gone to the room and told him I was a policeman, and what I was going to take him for, I should not be able to apprehend him by myself—it was to get him away from there, and likewise to get, if possible, possession of the parcel which I was aware had been in the deceased's possession previous to her being found in the water.
MR. PARRY. Q. Is not this place about one door from the police court? A. It is in the same court as Marylebone police court is; it runs from the same court, perhaps the distance across this Court, or a little more, from it; but where the prisoner lived is at the farther end of this court, up in the corner—I never saw a policeman at the place, neither did I see one on the road till we got to the station.
MR. DEARSLEY. Q. Is it the police court or the police station? A. The police court, where the Magistrate sits, not where the police are stationed.
ALFRED GEORGE GUSH . I am an assistant to Mr. Thompson, a pawnbroker, of No. 74, East-street, Marylebone. On 2nd Feb. I was taken by the police officer, Bow, to a house in Eccleston-buildings—I went into a room there, and saw a woman—on Tuesday, 1st Feb., that woman came to my employer's establishment—I cannot positively recollect the time; it was in the morning; I should say between half-past 8 and 10 o'clock—she pledged tome property—it was merino of this colour and this kind of material—it had every appearance of this
CHARLES Bow re-examined. I showed the witness Gush the woman that I had seen in Eccleston-buildings—that was the woman that was in the room where the prisoner was, the woman that gave me the parcel—there was another woman and a man in that room, who I understand were her uncle and aunt—the woman was at the police court, but was not examined, because she was the wife of the prisoner—the prisoner had told me it was his wife on the road to the station—I asked him if the woman I had seen was his wife, and he said, "Yes"—I had not seen two women there then, only one—she had opened the door to me.
MR. PARRY to SAMUEL ROBERT WOLFE. Q. The towing path, we have heard, is about thirteen feet wide? A. Somewhere thereabout—there is no protection whatever along the towing path, no railing or anything of that kind between it and the canal—the edge of the towing path has a kerb stone all along—on a dark and foggy night it would be a very dangerous place to walk on—the water does not come quite close to the edge of the towing path—I should think it must be five or six inches below it.
JOSEPH WHITE JOHNSON . I am a surgeon. On 31st Jan. I was called to see the body of a woman, which had been taken from the canal—I went to the Regalia about a quarter-past 11 o'clock, or thereabouts—I saw the body of a girl there—I made a post mortem examination on 2nd Feb.—there were no signs of violence on the body, and there is no doubt whatever it was a case of suffocation from drowning—she had had a severe pleurisy, but that was of old standing—I observed nothing to lead me to suppose the cause of death to be other than drowning—I was told that the body had been taken from the canal.
Cross-examined. Q. I think there were no marks of any kind? A. None whatever—there were no scratches upon the hands—I examined them carefully, and the whole of the body.
The Jury, after consulting together for a few minutes, retired at 4 o'clock to consider their verdict. After an absence of upwards of four hours, one of the Jurors was said to be seriously ill. Mr. Holding, the surgeon, was sent for. The Jury having returned into Court at 10 minutes past 9 o'clock, were asked by Mr. Justice Erle if there was any prospect of their agreeing upon their verdict? The Foreman replied that there was none; upon which Mr. Justice Erle called
CHARLES HOLDING . I am a medical practitioner. I have examined the state of health of one of the Jurymen; his name is Sinclair; he is seriously ill—I am of opinion that further confinement, without sustenance, would be dangerous to his life—I have informed myself as to the state of his health before he came here, and I find that he has been under medical treatment for these three months.
MR. JUSTICE ERLE. Then, Gentlemen of the Jury, it is my duty to discharge you without giving any verdict. You are now discharged.
On the following day, upon the application of MR. PARRY, and by consent of MR. BODKIN, for the prosecution, the second trial of the case was postponed until the next Session.
Before Mr. Justice Erle and the Second Jury,
MR. PLATT conducted the Prosecution,
MARY ANN BATES . My husband is a constable in the police force. On 25th Feb. I lived at No. 133, Sloane-street—the prisoner is my nephew—he had been in the habit of visiting roe, this was his fourth visit since Christmas—he came to the door on Friday, the 25th, I let him in—he laid he had been on business into the King's-road; he said, "Is uncle gone?"—I said, "Yes"—I asked him to come in—he came in, and sat down in his uncle's chair—I asked him if he would take supper—he said he would—I asked if he would take a cup of coffee—he said he preferred water—I put supper on the table, he helped himself, and I then cleared away the supper—he said he had a sovereign, which he could not get changed anywhere, and asked me if I thought I could accommodate him—I told him I would—I got the change, counted it out, and put it on the table for him—he did not produce the sovereign, or take the change; he sat there, and talked till 10 o'clock—I was ironing some things—about 10 minutes before 10 o'clock I told him if he did not go, he would not be able to get across the park—he said, then he must go round it—he said he had a violent toothache, and I gave him some ginger for it—it was then about 10 o'clock, as near as could be—I told him be had better go—he then buttoned up his coat, rose up out of the chair, and then unbuttoning his coat, he said, "I forgot the change"—I said, "If you are not particular, I do not want to part with it, because it is all I have;" meaning that the change would be more acceptable than the sovereign—he said, "I am not particular"—I then took it up, and put it into my own pocket—he put his hands into his two waistcoat pockets, and feeling, said, "I have dropped my sovereign"—I stooped to look for it, and the prisoner immediately seized on my head with his left hand, and squeezed my head down on the carpet; he held it down, put out the candle, and drawed a razor across my throat—I could not see the razor at the time—it was something sharp, like a razor—I threw him off, and pushed the razor from my neck, and said, "George, George! if you are doing this for money tell me, and you shall
have money"—he said, "Then give it me, then give it me;" still seizing my head—he would not let me get up—he took hold of my head again between his legs, or his feet, and tried to put the razor to my neck again—I put up my hand, and prevented it—the blade was in my hand, and I broke the razor, as I held the blade in my hand—I did not see the handle till the policeman showed it to roe—I escaped through the prisoner's legs, as he was holding me by the head, and lolling himself over my back to keep roe down—I tried to get away, he seized on me again, and held me by the neck, so that I could not speak—I forced one of his hands from my neck, and he took the other away, and held my dress behind—I was trying to go to the window—he put his hand behind him, and reached my poker; it was in the fireplace, close by where he bad been sitting—as I was raising my arm to open the shutters, he struck me a violent blow across my shoulder—he then pushed me against the bed, and hammered my head with the poker, until I got possession of the poker myself—I begged of him several times to spare my life, for the sake of my children—he tried to take the poker away from me, but he did not succeed—I then tried to get to the door, as we were holding the poker—he put his back against the door—we had a severe struggle, to see which would get the poker, but we both kept hold of it—I asked him why he had been using me in the manner he had—he said he had parted from his master, and his father had forbade him the house—I then asked him what I should give him to go, and not hit me any more—he said, "10s.; and light the candle"—I bled very much from my throat and hand—I was wearing a piece of velvet tape round my neck, which the policeman has; and I was wearing this brooch at the throat, and the razor cut across the brooch and cut the velvet—when the prisoner said "10s., and light the candle," I said, "I will give you the 10s. if you will go with me up to the front door"—he said, "You will halloo"—I said, "I will not light the candle; as you put the candle out, you may light it;" he then put his arm round me and kissed me, and said, "My dear aunt, we will go together and light the candle"—we had a little more conversation, but I cannot call it to mind; it was all of the same nature—he said he was sorry, and said, "Give me a knife, and I will cut my own head off"—I talked to him for several minutes—he dropped the poker into my hand, and turned from the door—I threw the door open, and ran up to the front door and gave the alarm; the gentleman from No. 135, and the cook from the next door (No. 132) came down—the policeman came down about three minutes after—the prisoner was then sitting on the bed—I went to him and talked to him, but he would not answer me—I told the policeman where he had attacked me—he lighted the candle, and the gentleman and the cook also brought in lights, and the policeman picked up the handle of the razor—I said, "I don't know whether it was a knife or a razor, it was very sharp"—the policeman said, "Here is the handle of the razor"—I said, "I threw the blade somewhere, I don't know where;" and he looked in the fireplace, and found it there—I then gave him the poker, and the piece of velvet—I was afterwards attended by a surgeon—it was a fortnight before I was out of my room—I was six months gone in the family way at the time—no sovereign was found—the policeman searched in my presence.
Cross-examined by MR. COOPER. Q. You are his aunt by marriage? A. Yes; I have been married to his uncle nine years—I never gave the prisoner an angry word in my life; he has always been the same towards me, always affectionate and kind; he always appeared partial to me—after all this had taken place, he put his arms round my neck and kissed me, and said, "My dear aunt"—I had not seen anything in his manner lately that struck
me—he was kind to me up to the moment this happened—the change lay on the table full half an hour—it was a half sovereign, and 10s. in silver—this occurred in the front kitchen—I wished him to go, but he would not—he stayed there while I gave the alarm and brought the people down—before this, he was telling me several things of our own family affairs; it was all true—he did not speak after he said, "Give it me, give it me," till he set his back against the door, and I talked to him—he did not speak during the struggle—he did not appear stupefied—he appeared very strong and very spiteful—I had never seen him so before—I was very much frightened.
ALFRED WELSBY (policeman, B 55.) My attention was called to the house, No. 133, Sloane-street, on this night, at a quarter past 10 o'clock—I found the door open—I went down stairs, and saw the prisoner sitting on the bed, and the prosecutrix having hold of his hands—I saw the blood running down from her bead, and I saw two severe wounds on her head—I asked her in his presence what he had been doing—she told me he had been trying to cut her throat with a razor, which she had broken out of his hands and thrown on one side—I found the razor-blade near the fireplace, and the handle in the middle of the room—she told me that he had asked her for change for a sovereign, and that he had said he had dropped the sovereign; that she took the candle to look for it, and he immediately seized on her, flung his arms round her, and with the razor tried to cut her throat—he heard all this—her hands were cut and bleeding—I produce a piece of velvet, which is cut through—I took the prisone into custody—he said he was mad—he said at the station house that he did it through want, for he was starving.
Cross-examined. Q. How did be appear when you went in? A. He seemed very much excited and trembling—he was sitting on the bed, and his aunt in front of him holding his hands—he did not appear at all eager to go.
MRS. BATES re-examined. This is the piece of velvet which was round my neck.
WHITMORE. I am a surgeon, living at 124, Sloane-street. I was called in to see the prosecutrix—I found her sitting on a chair—I found a superficial wound on the neck, and a number of smaller incisions, but none of any importance, none that required me to attend to them more than once—I found two wounds on the head; they were deep, cut to the bone—I also found a little wound on the cheek, and others on the right hand, and a number of smaller abrasions or scratches on the palm of the hand—the wounds on the head were very severe; they must have been done with a blunt instrument, such as a poker, from the fact that the hair was not divided; it was split; it seemed as if the scalp had been split by the weight of the weapon—she was quite conscious, but agitated and exhausted—this was perhaps half an hour after the attack—there was not much blood running at the time, but I think, judging from the blood that had coagulated, she had lost a good deal—the piece of velvet round her neck would in some measure blunt the edge of the instrument—the injuries on the head and cheek were decidedly inflicted by a sharp instrument—she was threatened with premature labour—I consider her quite well now—she had occasion to keep her bed for about a fortnight—during that time I cannot say she was ever in great danger, not in any immediate danger; but there was the chance of premature labour coming on.
Cross-examined. Q. What was the depth of the wound? A. Barely through the skin—if it was done with great violence the velvet would not have prevented it, the brooch would—I have seen some cases of madness—I have read Beck's "Medical Jurisprudence," and Dr. Taylor and Dr. Conolly's works—there are generally premonitory symptoms of insanity—there have been cases
of persons all at once being seized with paroxysms—I never heard of Miss Lamb's case—I should be inclined to think a person mad who all at once without any motive, cut the throat of another to whom he was previously always affectionate and kind; it would be a strong symptom of insanity—that would be what is called homicidal insanity.
MR. PLATT. Q. But surely you do not mean to say that the mere violence and ferocity of an act would lead you to say it was an act of insanity? A. Not necessarily so, certainly.
JURY to MRS. BATES. Q. Did the prisoner bring the razor with him or was it found on the premises? A. He brought it with him.
GUILTY on 2nd Count. Aged 20.— Transported for Seven Years.
NEW COURT.—Thursday, April 7th, 1853.
PRESENT—Mr. Ald. HUMPHERY; Sir JAMES DUKE, Bart. Ald.; Mr. Ald. HUNTER; Mr. RECORDER; and Mr. Ald. MOON.
Before Mr. Recorder and the Sixth Jury.
GUILTY . Aged 30.— Confined Twelve Months.
(Mr. Ballantine offered no evidence.)
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
DANIEL SERLE . I live in James'-place, Lower-road, Rotherhithe; I am a tailor and draper. On Tuesday night, 1st. Feb., my house was broken into and robbed; I lost 255 yards of cloth—I put down the value of it at 100l.—it was at different prices a yard; there were three pieces of silk plush, and 1 waistcoat made up—it is produced—I know it, I have a piece I can match into it—it was made by my waistcoat maker—this silk plush I know by some water marks on it, by its being in the window some time—this piece of cloth is precisely as I bought it—it cost me 8s. 3d. a yard—here is a pencil-mark on it, If, meaning 1 yard and five-eighths—I was present when the mark was put on it by the woollen draper—this piece is exactly as I lost it—the value of what is here produced is about 12l.—I can match this drab cloth.
WILLIAM POCOCK (police sergeant, F 14). On Monday, 7th March, I went to the prisoner's house, No. 26, Bacon-street, Bethnal Green—I went on another charge—I think he is a licensed man to let out light spring carts and horses—I went to the first floor front room; Serjeant Jackson and another officer were with me—I found the prisoner and a female in the room—I searched the room, and amongst other things I found this cloth in a box under the bed—this waistcoat and pieces of plush were in a drawer, and 2 pairs of new trowsers—the prisoner said at the station at Bow-street, that he bought the
cloth of a man at his own house, and gave 10s. a yard for it, but he did not know the man's name nor where he resided—I found a great quantity of other property at his house, and clothing of different descriptions
Cross-examined by MR. BALLANTINE. Q. Do you know that there had been a broker's man in the house? A. No; I believe the prisoner was going through the Insolvent Court from papers we found in his room—I did not learn anything from a broker who had been there.
COURT. Q. Was anything said about these goods? A. Not a word at the time—we searched the whole room—the prisoner did not give any account whatever—he was not asked in the room.
495. WILLIAM RICHARD GRINDELL was again indicted for breaking and entering the warehouse of Samuel Guy Rutter, and stealing 4,032 yards of ribbon, value 180l.; his property.—2nd COUNT, receiving the same.
MR. PAYNE conducted the Prosecution.
SAMUEL GUY RUTTER . I live in Landsdown-crescent, Kensington-park; I carry on business as a French ribbon importer, at No. 1, Friday-street, Cheapside; it is in the parish of St. Matthew. On Sunday morning, 27th Feb., my attention was called to my house of business—I went in the City about 9 o'clock—I found the outer door of the premises had been broken open, and the door of my warehouse; the outer door leads to two warehouses—I found the police in possession of the place—I missed about 180l. worth of French ribbons—I have not the slightest doubt that these ribbons produced are mine; I should think these produced are worth about 35l.—they are new; they only came in on the Saturday—I had left the place at 3 o'clock in the afternoon—I left my young man on the premises—he is here.
COURT. Q. How do you know these ribbons? A. We order these patterns, which are only made by one house—the French never make the same pattern for two houses in England—I have tome of the same pattern here; these are made from this pattern for my house—they are the same goods that were on my premises.
GEORGE BARKER (City policeman, 485). I was on duty in Friday-street on the night of 26th Feb.—about 11 o'clock I saw a person back a light spring cart from Cheapside to the door of Mr. Rutter's warehouse, which is the first house from Cheapside—I am not positive as to the men that were on the pavement or in the doorway, but I saw one man in the cart, and I am certain there were two men in the doorway—the man in the cart was dressed in a dark top coat, either dark brown or dark blue, and a wide-awake—two or three bundles were instantly thrown into the cart by the men who were not in the cart—I was some distance down Friday-street; I was going down, and I turned round, hearing the noise of something come into the street—as soon as these bundles were thrown into the cart it darted into Cheapside, and I was not able to catch it by any means—I went to the house, and found the door had been opened, but it was then shut; that had not been forced open, but the inner door had—we got a ladder, and got in at the first floor—the persons who threw the bundles in the cart had pulled the outer door close after them; it went on a spring lock—the inner warehouse door had been broken open—there is a light spring cart here, which is similar to the cart I saw, and here is a wide awake and a top coat—this coat resembles the coat which the man in the cart had—the wide awake hat was like this, but they are so much alike I cannot say.
WILLIAM POCOCK (police sergeant, F 14). When I went to the prisoner's house, and found the cloth which was produced in the last case, I found these ribbons in the same room; the larger part of them was under the bed and these others were in a drawer—the prisoner said at the station that he bought them of a woman with a basket, near Stratford, that he gave 4l. 10s. for them, and he thought they were a good bargain—I found this coat which has been produced, these two wide-awakes, and ten more coats of different sizes and colours—there was a spring cart in his yard, one that would go fast, and a spirited horse in the stable—I have shown that cart to the last witness.
Cross-examined by MR. BALLANTINE. Q. Have you ever driven that horse and cart? A. Yes, this morning, but I did not go fast—I think that horse would trot ten or twelve miles an hour.
GUILTY of Receiving. Aged 31.— Transported for Fourteen Years.
MR. PAYNE conducted the Prosecution.
BALCARRAS DALRYMPLE WARDLAW RAMSAY . I am a captain in the 75th regiment, which was quartered at Chatham. On 18th Jan. I went to the Adelphi Theatre—I was standing at the door, coming out, after the performance—I received information, and felt my pockets—I missed my portmonnaie, containing 4 10l. notes, and some loose coins in the tail pocket of my coat—I observed a man near me, but I do not recognize him—I got into a cab soon afterwards—I gave information the next morning to the Simlay branch bank, in St. Martin's-lane—I had received the notes there on the morning of the 17th.
Cross-examined by MR. M. PRENDERGAST. Q. You do not know the number of the notes? A. Not of my own knowledge.
Cross-examined by MR. METCALFE. Q. When had you last seen the purse? A. Before dinner, about half-past 6 or 7 o'clock—I had not seen it afterwards, but I felt it in my pocket in the theatre—I remember its getting in a very ludicrous position, and I altered it.
THOMAS JOHN ANDRE JENKINS . I am cashier at the Simlay branch bank, in St. Martin's-lane. I remember paying the last witness four 10l.—notes on 17th Jan.—these two (looking at them) are two of the notes—I entered them in this waste book when I gave them to him—the date on the notes was 5th Nov., 1852, and the numbers were 60957, 60958, 60959, and 60960—these are the first and the last notes of the four—we received them from Coutts' bank.
JAMES CHURCHER . I am shopman to Mr. Arnold, a pawnbroker, in Shoreditch. I know Welsh—she came to our shop on 29th Jan.—she redeemed a 10l. pledge; it was a gold watch, a silver watch, and other things—she paid this 10l. note and half a crown—here is my writing on the note, "Mrs. Grindell, Hare-street, Bethnal-green"—she gave the name of Mrs. Grindell; the things had been pawned in that name.
Bishopsgate-street. On 31st Jan. Welsh came to the shop—she redeemed three guineas that were in pawn—she paid 2l. 11s. 6 3/4 d.—she paid with this 10l. note, on which she wrote, "Mrs. Grindell, Bacon-street, Brick-lane."
WILLIAM POCOCK (police sergeant, F 14). I went to No. 26, Bacon street, Brick-lane, on 7th March, about these bank-notes of Captain Ramsay's—I found the two prisoners there—I asked Welsh if her name was Mrs. Grindell—she said, "No, there is no Mrs. Grindell"—I asked her if she recollected paying any 10l. Bank of England notes in the neighbourhood lately—she said she had not—I asked her again if she recollected passing a 10l. Bank of England note to any person in Jan. last—she said she had not—she gave her name at the station-house as Dinah Welsh—I found these papers in the prisoner's room, in a box under the bed—the box was not locked—I had occasion to leave the room—I left Brown behind me.
Cross-examined by MR. M. PRENDERGAST. Q. Had you been there before? A. Yes, I had.
COURT. Q. How came you to go there? A. In consequence of information I had heard—I had been there before about the end of Feb.—Welsh then answered me, and said there was no Mr. Grindell there; he had left, and she thought he was gone into the country.
JAMES BROWN . I live at the station-house at Bow-street, I went with the last witness, on 7th March, to No. 26, Bacon-street—I heard what Welsh said to his questions—he then went out, and during his absence Grindell said to Welsh, "Why did not you tell him the truth, and say you got the notes from me, and that I took them in my business as dealing for horses?"
HANNAH GREEN . I searched Welsh at the Bow-street station, on 7th March—I found on her twenty-nine sovereigns, three old guineas, 7s., and some halfpence—she said she had paid a 10l. note in fetching out the three guineas.
COURT to CAPTAIN RAMSAY. Q. You received some caution, and saw a person near you; was it like the prisoner Grindell? A. I cannot say, it was so momentary; I believe it was not him.
NOT GUILTY .
MR. DEARSLEY conducted the Prosecution.
HENRY RUSSELL . I am agent to Mr. Andrew Jukes Worthington; we are manufacturers at Leek, in Staffordshire, and have a place of business at No. 8, King-street, Cheapside—that is the usual place of business, and only house in town—about 14th March, Mr. Piggott offered me some silk, it was legee twist, used for sewing the buttonholes of coats—I did not buy the silk, I saw a sample of it in our warehouse, which Mr. Piggott produced—I afterwards saw the bulk at the Mansion House—I went to Mr. Parvin, in Oxford-street, and he showed me a considerable quantity of Raven sewing silk, silk twist, and legee twist—it was all our make, I know it by the manner in which it was made up—every manufacturer has a peculiar way of making it up—I can swear it was the manufacture of my employers at Leek, and had been sent to our premises—I cannot say whether this particular lot had been sold—I can swear to the bundles being our goods—some of the bundles were 5 lb. bundles—they are our makers' goods.
HENRY RUSSELL re-examined, I can undertake to say that this silk twist has not been sold—we attach a label to all silk twist that we send out; the label of the London house—we never sell any without attaching the label to it—that is our usual course of business—the label is attached with gum—there has never been any label attached to these—in this lot here is 1 lb. on eight reels—I never sold any of these to the prisoner—here is another lot and some of these reels have not the labels on them—these are legee twist I can swear to the manufacture of these, and they have not been sold—here is a pencil mark on this other parcel which was put on it by our boy when we took stock—it would not have been sold with this mark on it—if it had been sold it would have been put in another paper, and it would have been labelled—this other parcel I can swear to, as being our goods; I cannot swear whether it had been sold—these articles we are selling every day—the two parcels of twist are what I can swear to as not having been sold—the prisoner used to be at our premises almost every day, he called to see Mr. Taylor.
Cross-examined by MR. LILLEY. Q. Is the business you carry on extensive? A. Yes; there are two persons in the establishment besides myself—Mr. Taylor only is authorised to sell goods—if Mr. Taylor and myself were absent, the boy would of course be forced to sell—it may be so that there have been instances in which goods have been sent out without labels—I am not aware of it—it might have occurred—the same sort of goods are made by other manufacturers in the trade, but they are made up in a different manner—there are several other manufacturers at Leek, but our goods are made up differently to any other manufacturer—they differ in the way in which the twist is put on the reel, and if you take the twist off you will find there is a small bit of paper on the reel under the twist—I will undertake to say that that peculiarity is not to be found in the twist of any other manufacturer—that I say positively—I have been at Leek and seen the twist wound, and it is known in the trade—I could bring twenty persons to prove it—this black sewing silk was ours—I cannot undertake to say it was not sold—I have always considered the prisoner to be a respectable man—his name is Griffith—I did not know him passing by any other name—I did not know him in the country—I have known him in London about four years; he came to the warehouse to see Mr. Taylor almost every day—I do not know the nature of the business there was between them—I saw him leave the establishment day after day—he did not always leave the premises in company with some one—we never thought of watching him—when I have been in the counting house, I have frequently seen him go out—I could see him from the counting-house to the door—we only sell to wholesale houses—I cannot say to how many in London—we send to Manchester—I know that from Leek they send everywhere, and all the goods are made up in the same way—we took stock on 31st Dec.—not at the end of Jan.—I cannot say that I know that the prisoner was in pecuniary difficulties.
MR. DEARSLEY. Q. You say this mode of doing up the twist is known in the trade? A. Yes, there is a small piece of paper under the twist with the initials of the firm on it—Messrs. Worthington may have supplied other houses in Manchester—supposing them to have done so, and the Manchester house to have sold them, I should not have expected to find our boy's mark on the paper.
Cross-examined. Q. Are you in the habit of changing the wrappers? A. Yes; we should not send out goods with a dirty wrapper—the old wrappers would be sent down to Leek.
HENRY RUSSELL re-examined. This ii silk twist, it hat never been sold—it has my mark on the paper—we never put labels to these small reels—they have not been sold—I can swear to them from a different circumstance—we never send out these papers with marks on them—here is some grey sewing silt which I can swear to—it was dyed from our particular shades, and on account of an alteration in the price we held it back, and sold none of it—this other parcel is legee twist—I can swear this has not been sold—these things are kept in the warehouse, not near the door, but the counter is often scattered over with these goods.
Cross-examined. Q. Who sends out the goods? A. Mr. Taylor does, and I do—I will undertake to swear that goods have never gone out with marks on the papers—the particularity of this grey silk is the particular shades—I dare say the same colours have been dyed fifty times—it is tied up in a peculiar manner with this double white string—other manufacturers may tie it up in the same manner, but I can swear to the silk—it might occur through inadvertence that these papers have been sent out on goods sold, but it is hardly possible—I will not swear that it never did occur, but it is against the rules of the house if it is done—I cannot say what has been done for eight or ten years past—it has never been done since I have been there—in the ordinary course of business they would not go out with them.
THOMAS TAYLOR . I am assistant in the establishment of Mr. Worthington—I have been there ten years—I know the prisoner by the name of William Griffiths, never by any other name—it is the custom in our business when this twist is sold always to put on it a label, which we have engraved in London for our own use for the London house—that is our invariable practice, we never send them out without such a label—I never knew an instance in which it was done—this parcel has our boy's mark on it, and this other has Mr. Russell's mark—this drab twist is our manufacture—I am quite certain this has been in our possession—supposing it had been sold, it would not have been sold with this mark on it—this mark, 1 lb. 8oz., is the mark of our boy at the time of stock taking, on 31st Dec. 1852—I can speak to this grey silk; it was dyed to eight different shades—there are eight different shades in each bundle; about the beginning of Feb., we had about 30 lbs. come up, dyed to our own patterns and shades—they were in six different packages, eight shades in a bundle—I have not the least doubt that this property was in the possession of my employers—I went carefully over the stock when they were taking stock, and I went over it to see if anything was missing about fortnight ago—we are short altogether in the aggregate, about 150 lbs. weight—Mr. Russell and myself, and the porter are in our establishment—if Mr. Russell and I should be absent, which is a very rare occurrence, the porter would sell things and make a memorandum, and we should enter it when we came in.
Cross-examined. Q. What is the age of the boy? A. About nineteen—when Mr. Russell and I are absent he serves, but that does not happen once in three months—Mr. Russell has not been ill since Christmas—his father died, and in consequence he was absent one day—if I were away during his absence, the porter would have the charge of the house—I am certain this grey silk is of different shades—it is common to have silk dyed in different shades, these are for tailors—it is customary to have various shades dyed—the mark on this paper is the handwriting of the porter—it is 1l. 8s., that was the stocktaking mark, but there is more in it now—we fill up papers
when they become empty by sorting out—papers have never been gent out with that mark on them to my knowledge—it is very unlikely that such a thing may have occurred, I never met with a case of the kind—we take the old papers off, and put them in the return package to send them back.
Q. Suppose a person came in for a parcel of things, would you take one of these old packages and wrap it in? A. I never knew it to be done—no instance has ever occurred to my knowledge of an acquaintance coming in with a book or other article which required to be wrapped up, and one of those old covers being given him—I have been on terms of intimacy with the prisoner—I have known him sixteen years up to the present time—I never had any suspicion, but that he was a highly respectable man, I knew him in Shropshire—I know he has a wife, and a large family—I know that from connection with railways he has been in difficulties—I think he came to town about five years ago—I knew of an action being brought against him by a namesake of mine—he was defendant in an action about Christmas last, and while the trial was at Guildhall he called frequently at our warehouse—he came to ask me if I could speak to a fact—I believe there was a compromise of some kind—I know he expected a judgment against him—I never knew him to take any other name or go by one.
COURT. Q. Have you ever given the prisoner a paper of this sort? A. Certainly not—I remember he once asked me for a paper to pack a parcel—I believe our porter packed it for him in a new sheet of brown paper.
ROBERT CLEAR PARVIN . I live at No. 430, Oxford-street, and am a trimming-seller. I only know the prisoner by buying this silk of him, that was about 25th Feb.—this is the invoice—I bought it through having been previously shown a sample by a female, who came as a servant to the prisoner—in consequence of the conversation I had with that female, I saw the prisoner a week afterwards with the bulk, and the same person who brought the sample was with him—I had refused to buy the sample—the prisoner said he had brought the silk of which I had seen the sample—he said he was one of three creditors, and he had taken a quantity of silk for a bad debt—he did not say who it had belonged to—I was asked 20s. a pound for it all round, and I gave 17s. 6d.—it came to 59l. 10s.—I asked him his name, and he gave me the name of Thomas—this invoice is made out in the name of Thomas—I afterwards sold a quantity of silk to Mr. Piggott.
Cross-examined. Q. Did you say in what way you proposed to deal with this silk? A. I said I should sell it in the market—I think the price was a fair market price for the quantity; it was a little less than the regular price—I should not have bought this for a greater price—I had not seen the prisoner before—I could not pledge my word to the expression bad debt.
DAVID SANDFORD PIGOTT . I bought some silk and twist of the last witness—I gave 18s. a pound for part, and 19s. for the remainder—part of it I sold to Mr. Schofield, and the remainder the officer had.
JAMES TAYLOR . I am assistant to Mr. Schofield, of Gresham-street. I bought some silk and twist of Mr. Piggott on 3rd March—I gave 20s. a pound for part, and 24s. 6d. for some—it had been advancing in price.
Cross-examined. Q. Can you tell whit was the advance in the price between 3rd Feb. and 3rd March? A. From 1s. to 2s. a pound—I have been in the habit of selling this particular sort—legee is the first quality; the price of it is 25s. or 265.—I gave 24s. 6d.
MR. RUSSELL re-examined. The legee is 27s. a pound.
shut up he would walk up the street, and join Mr. Taylor at the corner of the street—in some cases, in winter, he would have a Mackintosh on his arm, and sometimes he has had a leather bag—I never sold anything to him—I sell things in case of Mr. Russell and Mr. Taylor being out—I have no doubt I have sold twist—I make a memorandum, or enter it in the book—there are labels attached to it—I have not sold any without attaching labels, only to one customer—he has had about half of one of these parcels without a label—that is Mr. Popplewell—sometimes, when it was wanted expressly for particular orders, he had had it without labels—that was one pound or half a pound—these are two pound parcels—here is one paper with my mark on it—I should sell it in that way—it would go out in that way, with that mark on it, if I sold it—I could not swear whether I ever sold a parcel as large as this with this mark on it—if I sold it I should sell it with that mark on it—in that paper, but another brown paper round it.
Cross-examined. Q. You have wrapped up things for the prisoner? A. Once I wrapped up a coat in a sheet of brown paper—I have not wrapped up other things for him on any other occasion—I have not seen Mr. Taylor do anything of the sort—I never saw him wrap up a book—I never saw any parcel wrapped up for him except the one I have mentioned—the prisoner has gone out alone after I put up the shutters; he would walk out, and Mr. Taylor would close the door and go out—the goods were not put away before we shut up, the things were lying about on the counter—I saw the prisoner go out a great many times—I saw him walk out of the door—I have seen Mr. Taylor go out with him time after time—when he has been on the premises some one has been with him all the time, or most of the time—Mr. Taylor stopped merely to shut the door and put the padlock on.
MR. DEARSLEY. Q. The prisoner would sometimes go out without your seeing him? A. Yes
COURT to MR. RUSSELL. Q. You took stock on 31st Dec.? A. Yes; I believe the stock was correct then, as far as I understood—I am not aware that any stock was missing.
The prisoner received a good character.
GUILTY . Aged 45.— Confined Twelve Months.
THIRD COURT.—Thursday, April 7th, 1853.
PRESENT—Mr. Ald. MOON; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
THOMAS KNIGHT . I am a waiter, at the Crown and Sogarloaf, Garlic-hill. On Saturday, 26th March, I went into the parlour about 6 o'clock—as I went in I heard somebody step from a chair on to the ground—when I got in, I saw the prisoner; I did not know him before—he was in the further corner of the room, with a clock under his coat—I looked at the place where the clock ought to have been, and it was gone—I called for assistance, and he put it under a seat—it belongs to my mistress, Elizabeth Brooke.
—I stopped him, he shifted himself back, and put the clock from under his coat on to the seat—this is it (produced)—it had been hanging over the fireplace.
THOMAS MIDDLETON (City policeman, 452). I took the prisoner, and found in his pocket this nail (produced); it was covered with mortar, as if it had been in the wall—I tried it into the hole where the clock had hung, and it fitted.
Prisoner's Defence. I know nothing about the clock; I merely went into the house to get a pipe, and the waiter accused me.
GUILTY .** Aged 25.— Confined Twelve Months.
499. WILLIAM HENRY KILL, JAMES TAMPLIN , and THOMAS GOLDSMITH , burglariously breaking and entering the dwelling house of William Pope, and stealing therein 1 drawer, 2 lbs. of pork, and other articles, value 4s. 8d.; his goods.
MR. RIBTON conducted the Prosecution.
ANN POPE . I am the wife of William Pope, of Isleworth. On Thursday night, 10th Feb., my husband was from home—I closed up the doors, locked up the house, and went to bed—during the night I heard a noise like the slamming of a shutter next door—I got up about a quarter to 7 o'clock in the morning—I unfastened the stairfoot door, and found the shutter wrenched aside and an inner door open, leading into a little room; the back door was wide open—I ran out of doors, and saw the glass and part of the window frame lying down, and a steel and knife belonging to my husband; the window frame was broken all to pieces, and was taken out, which left a space large enough to admit a man—on searching the house I missed a drawer, containing 5s. worth of farthings and twenty-five slate pencils—the till had been emptied; it had contained 5s. 6d. worth of halfpence the night before, besides farthings; I had taken out the silver—I also missed a bottle of sweets, some Spanish liquorice, and a piece of meat—there was one coin, marked "2 cents;" I saw that on the Thursday afternoon, because I picked some of the farthings from the halfpence, and put them into the till; the two cent piece was put into the bowl in the till in the afternoon—I took a bad farthing of a man that Thursday afternoon; there were two 2's on it, the date of the year, and it was likewise bent—I had also another farthing with three holes in it, also a bent farthing, and there were six farthings all alike—I have known the prisoners ever since I have been at the shop, four yean, and they have all been there.
Cross-examined by MR. COOPER. Q. They have borne good characters? A. Yes; I do not know anything against them—it was dark when I heard the noise; I went to sleep after that, thinking it was the man next door, who goes out early in the morning.
EDWIN PICKLES . On Friday, 11th Feb., between 4 and 5 o'clock in the afternoon, I saw the prisoners at the Painters' Arms public house, Twicken ham, drinking together—I saw Kill pay for a pot of beer with sixteen farthings, which he gave to Mr. Bridgwater, the landlord—Tamplin put his hand in his coat pocket, shook some farthings, and pulled some out—I had never seen the prisoners before, that I know of—Mr. Bridgwater afterwards gave me 1s. 6d. in farthings, which I took to Mrs. Reddy.
Cross-examined. Q. What are you? A. A shoemaker; I live at Twickenham-common; I do not know where the prisoners live—I never heard of a farthing club before, but I heard the prisoners mentioning that they had bad a farthing club—I reside, I should say, about two miles from Isleworth have walked there—I never interfere with the Isleworth people; I keep to
myself—I have been at the Painters' Arms before; I do work for the landlord—'the prisoners remained there till about 7 o'clock—there were several more there—this was done quite openly; I was sitting down there—I drank some with them, and I paid for some—several more people were drinking with them.
MR. RIBTON. Q. Did you see anybody else pay with farthings? A. No.
MARY WHITE . I live at the Painters' Arms, Twickenham. On Friday, 11th Feb., between 1 and 2 o'clock, the prisoners came there, and several others with them—after they had been there some time, Tamplin gave me two or three farthings as a present to my child, and one of the others, I do not know which, gave my child some more farthings, making 4d. altogether—Pickles said he wanted some small change for somebody, and I gave him the farthings—one of the farthings had some holes in it, but neither of the prisoners gave me that—I do not know who gave it me.
Cross-examined. Q. Were there a great number of people? A. Yes, about twenty; they were playing at skittles—I saw a great many of them with farthings, and they said they had been saving up a farthing-club, and they had a dispute and broke up, divided the funds, and spent it—that was the talk of the others as well as the prisoners.
MR. RIBTON. Q. Did you ever hear anything about a farthing-club, except from the prisoners, before that day? A. Yes; last season, about this time, when they began brick making they saved up their farthings—I have not seen the prisoners for two years until the other day.
GEORGE HARRISS . I live at Twickenham—on Friday, 11th February, I was at the Painters' Arms—I had been to see some men playing at skittles—I saw the prisoners there—I took seven or eight pots of beer into the skittle ground, which the prisoners paid for with halfpence and farthings, which I gave to Mrs. Bridgewater—I received no farthings from anybody else to my recollection—I am a fishmonger.
Cross-examined. Q. I suppose in the course of the year you receive a good many farthings? A. Yes; they are commoner in the country than sovereigns
ELIZABETH BRIDGEWATER . My husband keeps the Painters' Arms, at Twickenham. On 11th Feb. I saw the three prisoners—I took one pot of beer into the skittle-ground, which Tamplin paid for with sixteen farthings, which I put into a tin pot—I received a great many farthings from other people in the skittle-ground that day.
Cross-examined. Q. Whether he paid for himself or for many you do not know, or whether it was an omnium gatherum? A. No.
JOHN BRIDGEWATER . I am the landlord of the Painters' Arms—on Friday, 11th Feb., I saw the prisoners there—Kill and Tamplin paid me for some beer—sometimes they paid me eight farthings and four halfpence for a pot of beer—I put the farthings in a half-pint pot in the bar.
Cross-examined. Q. You took a good many farthings that day. A. Yes
WILLIAM SIMMONS . I am potman to Mrs. Middleton, of the Red Lion, Twickenham Common. On 11th Feb., between 6 and 7 in the evening, I saw Kill there—he had three pots of beer, and paid me all in farthings—I took them to my mistress in the bar—after he was gone the other two prisoners came for a night's lodging, and slept there that night.
Cross-examined. Q. They went away next morning? A. Yes; they paid for the beds overnight, with halfpence.
MARY MIDDLETON . I live at the Red Lion, Twickenham. On 11th Feb. the three prisoners came there, and I was paid in farthings for three pots of beer—I may have had two for three farthings in the till before, but not more.
Cross-examined. Q. You receive many farthings in that part of the country? A. Yes; but we never keep them, for our neighbours require them.
CAROLINE REDDY . I am a grocer, of Twickenham Common. On Friday 11th Feb., I received from Pickles, who is a customer of mine, 1s., 10d. in farthings—I gave him other money for them, and put them into my till—one of them had three holes in it—this is it (produced)—I have no doubt of it.
Cross-examined. Q. Have you ever seen collections of farthings kept by children? A. Yes, farthings have frequently boles in them, letters on them, and all kind of mischief that nature can think of.
JAMES WILLIS . I am potman at the Railway Inn, Hounslow. On Thursday, 10th Feb., I saw the prisoners there—they left about 10 minutes before 12 o'clock—it is about five minutes' walk from there to Han worth-road.
Cross-examined. Q. Were there other people there? A. Yes; they all went out together when my master closed the house.
JOHN SCOTNEY (police sergeant, T 18). On Friday, 11th Feb., about 9 o'clock in the morning, I went to Mr. Pope's house—the back part had been broken into—the window-sash had been taken out—I measured the place—it was twenty-two-and-a-half inches by fifteen-and-a-half, large enough to admit a man—I could get through—I traced footmarks across one garden into Mr. Pope's premises, of two people with shoes on, and of one without shoes going, and of three people with shoes returning—on the Saturday morning I apprehended Kill near Twickenham—I searched him, and found on him this small coin (produced) and a tobacco-box—I told him I took him on suspicion of breaking into Mr. Pope's house on the Friday night, and stealing a quantity of farthings—he said he knew nothing at all about it-—he would defy anybody to say he had any farthings in his possession at any time—I said, "You were at Twickenham yesterday, with Goldsmith and Tamplin, spending a great quantity of farthings"—he said, "I did not see them;" but afterwards he said, "I did see them; they asked me to go with them to have a game at skittles"—he said nothing about their being with him on the night of the robbery—he also said, "I have no money—I have only 4d."—I was on the spot when Goldsmith was apprehended, and I apprehended Tamplin on Saturday evening, and found on him 1s. 8d. in copper (produced)—there is one halfpenny among it which Mr. Pope identifies—he said he was at North Hyde on the Friday—that is five or six miles off Twickenham Common—on the Sunday morning I took the shoes of the three prisoners to Mr. Pope's premises, and compared the footmarks by placing them by the side of the footmarks—Kill's were very heavy boots, tipped at heel and toe, and with two rows of nails on the outside, and three in the middle—Tamplin's had no nails, except a few small-headed ones just round the heel—the marks corresponded both going and returning—I took off Goldsmith's boot, looked at the bottom of his foot, and saw a piece of clayey soil, similar to that in the garden, attached to his stocking—it was Goldsmith's shoes that I could not find any marks of going to the premises—the prisoners at first all denied having been there on the Friday, or having a farthing in their possession—I saw Goldsmith searched—there was nothing found on him—the house is in the parish of Isleworth.
Cross-examined. Q. How many nails were there down each row on the boot? A. I cannot tell you; but I counted the rows—hundreds of shoes may be made off the same last in Twickenham and Isleworth. I do not know it—I have known the three prisoners for some time, Kill has been in custody once for being drunk, that is all.
WILLIAM POPE . I cannot speak positively to this farthing, or whatever coin it is; but I have seen a similar one to it in my shop—I know this coin found on Tamplih; I saw it in my shop, as near as I can judge, a fortnight before the robbery.
ANN POPE re-examined. I believe this coin to have been in our possesion some time ago; T cannot say I have not parted with it, but one of our children had it to play with—I believe these six farthings to be the six which I looked out on the Thursday afternoon, and put into a little bowl in the till—this farthing, with the three holes in it, I had in the farthing drawer about a fortnight before, in which drawer all the farthings were when I went to bed, but I do not know whether this was among them—we had not taken any farthings out of the drawer for ten months, and I am sure I put it there; it has a slight bend on the edge—this two-cent piece has been in our till three weeks, or a month; I remarked to my husband upon it, and can say positively that I had it on the Thursday.
Cross-examined. Q. Does your child go to this drawer? A. No; I have a good many children, but I never allow them to go there; they could not reach without getting up on a chair; the eldest is five years and six months old—a sister of mine sometimes serves in the shop; she never touches that drawer, there are plenty of farthings in the till; but I do not say that she would not go to the drawer for some if there were not any.
JOHN SCOTNEY re-examined. This farthing with three holes in it and two others I received of Mrs. Reddy, also these six others; this halfpenny I found among other coppers on Tamplin—this token I found on Kill—the two-cent piece I found at Mrs. Bridgewater's.
(Tamplin and Goldsmith received good characters.)
KILL— GUILTY . Aged 18.
TAMPILN— GUILTY . Aged 18.
GOLDSMITH— GUILTY Aged 17.
of Housebreaking and Stealing Transported for Seven Years.
JOSEPH BAKER , I am shopman to Mr. Westley, of Paternoster-row. On 10th March, about a quarter to 11 o'clock in the morning, I was passing up Fleet-street, and saw a gentleman (Mr. Rolls) crossing the road, and the prisoner following him—the prisoner took a handkerchief from the gentleman's pocket—I took hold of him by the collar, called a policeman, and gave him into custody—he said, "For God's sake, don't give me into custody; don't prosecute me, I will never do it any more.
Cross-examined by MR. COOPER. Q. Did you actually see him take it out? A. Yes
(The prisoner was further charged with having been before convicted.)
ALFRED GREEN . I produce a certificate (read—"Central Criminal Court, Bartholomew Curran, convicted, on his own confession, Feb., 1852, of stealing a handkerchief from the person, confined six months")—I was present—the prisoner is the person.
GUILTY.** Aged 18.— Transported for Seven Years.
501. DAVID ALEXANDER and JOSEPH ALEXANDER , stealing 1 cask and 480 boxes of harness blacking, value 14l. 5s.; also, within six months, 720 boxes of harness blacking, value 21l.; also, within six months 1 piece of paper, value 1d., and 72 boxes of harness blacking, value 2l. 5s.; the goods of Samuel Harriss, in his dwelling-house. Others COUNTS for feloniously receiving the same.
MESSRS. BALLANTINE and RIBTON conducted the Prosecution.
SAMUEL HARRISS . I am a harness blacking manufacturer, of No. 41, Mansell-street. The prisoners have been in the habit of dealing with me for about four years for sponges; they never, to my knowledge, purchased any harness composition—a person named Manchee was in my employment as dispatch clerk, he had to execute the orders—I never authorized him to sell any composition to the prisoners; I have searched my books this morning, and find no entry of any harness composition being supplied to them, and the books have also been searched by a clerk—I examined my stock of harness composition three or four weeks ago, and missed seven or eight dozen boxes, of two sizes; the value of the small ones is 6s., and the large 9s. per dozen boxes, subject to a small discount on taking a large quantity, but not otherwise—I missed a larger quantity of the small size—the value of what I missed altogether is something over 200l.
Cross-examined by MR. COOPER. Q. How long have you missed blacking? A. I did not miss it till about three weeks ago, because I did not take stock till then; but I have discovered that my blacking was sold for about six months past—I have suspected that Manchee has been robbing me for a long time; perhaps a year.
Cross-examined by MR. METCALFE. Q. Do not you know that he has been robbing you for a considerable period? A. Not positively; I merely say that I have suspected it—there were two other persons, besides Manchee, who I authorised to sell blacking.
MR. BALLANTINE. Q. Am I to understand that the amount of 200l. is within the last six months? A. Within the last eight or nine months—I am able to say, of my own knowledge, that I have had no dealings for composition with the prisoners whatever, and never knew Manchee to sell composition to either of them; he was authorised to sell composition to whoever came for it—I do not know of his dealing with the prisoners—I disposed of my sponge business on 1st July, but I still attend to it for the parties—the house is my dwelling-house, and is in the parish of St. Mary, Whitechapel.
THOMAS MANCHEE (a prisoner). I am now in custody for robbing my employer—I have been seven years in Mr. Harriss's employment as clerk—I have known the prisoners between three and four years; they were customers of my master for sponges, but never in a regular way for anything else—I have been in the habit of meeting them occasionally at other places, besides my master's, generally in Hayley-street—I recollect seeing David Alexander on one occasion, when I was in want of money, at the Green Man, between five and six months ago—at that time I had committed no robbery on my employers—I asked David to lend me some money—he said he could not, as he had been buying so much sponge lately, but that if I could get some sponge out he would sell it, and let me have the money—I told him I could not, because that was not my line of business; the sponge was not under my care—he asked me if I could get any composition out, that is harness composition—I told him I could do so, but should not like—he said that out of the quantity my master had he would not miss few dozen, and a few dozen would put me all right—(the sum I wanted to borrow
was 2l. or 3l.)—this was at dinner-time, 1 o'clock—David said he would send his brother Joseph round about 5 o'clock in the afternoon, and at 5 o'clock the prisoner Joseph came to the window of the warehouse, and I gave him a parcel of composition—this was in Aug., as near as I can recollect—I saw David the next day—he asked me if I could not get any more out, as that was so small a quantity, and I gave him another parcel after that—about 21st Aug. I sent away a cask, by my master's cart, to Joseph Alexander's house, containing about forty dozen boxes of composition—Christmas was the driver of the cart—I delivered the cask to him from the shop—I had the prisoner's direction written down, and I gave it to him—I saw Joseph the same day at the usual place, in Haley-street, not at a public house—he said that it was all right, he had sent it off by rail to Birmingham, and it was not in the house five minutes—I cannot say whether I saw David about it at all; I do not recollect any conversation with him about it—I delivered some more in Sept.; David paid me 5l. for that—I also sent away a cask by Christmas in Sept., directed "D. Simpson, to be left at the Birmingham Railway-station, at Birmingham"—it had been agreed on between David Alexander and me to direct it to Simpson—I cannot recollect whether he proposed that name or whether it was agreed on between us—he said he would write and send the money up by a Post-office older, at the Whitechapel post-office, and he would address me as T. Cameron; that was to be my name—after I had sent the composition to Birmingham I received this letter (produced)—I cannot say in whose handwriting it is, or the direction—I expected to receive it—it was agreed between me and David that I was to call at the Whitechapel post-office to see if there was a letter left.
Cross-examined by MR. COOPER. Q. How often have you seen him write? A. Many times; he has given me receipts for sponge—I am in the prosecutor's employment.
(Letter read, addressed "T. Cameron, to be left at the Whitechapel post office till called for—Sept. 30th, Birmingham, Dear friend, I write this to inform you that the business has been bad; you will find enclosed a post office order for three pounds, write as soon as you receive this, and let me know if you will send me any more goods or not, and I will send you more money; address, David Alexander, Nottingham. "
THOMAS MANCHEE (continued). There was a post-office order enclosed in that letter, which I got cashed at the Whitechapel post-office—when I was taken in custody that letter was found on me—I did not then make all the statement I have made to-day—I made my first statement at the House of Detention—I recollect sending a parcel containing six dozen of composition to the Black Horse, to be left till called for—I sent it there because I was known there—David Alexander told me next day that be had fetched the parcel away, and gave me 10s.—I cannot recollect whether I saw Joseph about it at all, but I often saw him at the Black Horse, and David also.
Cross-examined by MR. COOPER. Q. Was this the first time you ever attempted to do wrong in your life? A. Yes; I had never robbed my employer before, nor anybody else—I did not consent at once; I took two or three days to consider of it—before I sent off the cask, I gave them two parcels containing six dozen each, and worth about 1l. 16s. each—two or three days afterwards I sent the cask; the rest was sent some time afterwards—I sent none in the interval to anybody—I give evidence to-day because I
thought it would be the best plan to confess; I think to benefit my master—I have not the slightest idea of benefiting myself; that is as true as all the rest I have said—this is the first offence of the kind I have ever committed in my life.
Cross-examined by MR. METCALFE. Q. Are you quite sure you took two or three days to consider? A. Yes; I gave them a parcel the same night, containing six dozen boxes of composition, but I took two or three days to consider before I sent the cask away—I robbed my master the same night; that was the first time, it was I think in August, 1852—I do not recollect ever assuming the name of Cameron before—I have never signed a bill or receipt for my master in the name of Cameron—there was a bill made out for the prisoners; I believe I signed that in the name of Cameron—I cannot recollect at what precise time that was; it was not in 1851; I did put the date 1851, but it was in 1852—I made it out at David Alexander's instigation, to make it appear that he had had the composition on hand a long time—I have robbed my master to a very heavy amount, between 100l. and 200l.—I was short of money, because I had got in debt—it was by spending more than I ought in bad company—I first got into bad company in April, 1852—I did not bet; it was smoking and drinking; I was not taken on this charge, but on a charge of embezzling my master's money.
MR. BALLANTINE. Q. How came you to sign the bill in the name of Cameron? A. It was for David Alexander, this is it (produced), it is dated July 24th, 1851, and signed for S. and H. Harriss, S. Cameron—the date is not correct, because I made it out in 1852.
JOSEPH CHRISTMAS re-examined. I am carman to Mr. Harriss. I know the prisoners—I have been in the habit of delivering sponge to both the prisoners—I recollect delivering a cask to them; I cannot tell the time, I think it was in summer-time—I delivered it at Jubilee-place, Cambridge-road—I did not see the prisoners there at all—Manchee sent me with it—as I returned I met both prisoners in Church Row, just by Whitechapel Church—I told them I had delivered the cask, and they said it was all right, and one of them gave me 6d.—some time afterwards I carried a cask to Pickford's, by Manchee's desire; it was addressed to Simpson, at Birmingham.
Cross-examined by MR. METCALFE. Q. Did you make any entries of these matters? A. No.
Cross-examined by MR. COOPER. Q. How long have you been porter to Mr. Harriss? A. I am in my eighth year—I was known as his porter, and it was not at all extraordinary for customers to speak to me—I carried it openly, and if my master came at the time he would have seen me—Manchee's common name in the shop was Thomas or Tom.
MR. BALLANTINE. Q. Manchee did not desire you to keep it secret? A. No; it was not entered in my delivery book, but on paper; that is not uncommon—I received a piece of paper from Manchee, on which there was a receipt given for Pick fords.
CORNELIUS BASSETT (City policeman, 593). 1 was present when Manchee was taken—he pointed out his coat, and I found the two letters produced in it—in consequence of which I apprehended Joseph Alexander, on 23rd March—Manchee gave me his residence in Jubilee-place—it was from finding the letters, and not from information from Manchee—I told him I wanted him for receiving some harness blacking, the property of Mr. Harriss, knowing it to be stolen—on the way to the station he said, I
never had any of Mr. Harriss's blacking in my possession;" and in a minute or two afterwards he said, "Yes; I had some which I took in exchange for sponge."
Cross-examined by METCALFE. Q. Joseph gave you his address at first, and you found it was correct? A. Yes
JAMES GRIFFIN . I am in the service of Mr. Harriss. About six months ago I was sent to the post office, opposite Whitechapel Church, by Manchee—I asked for a letter, I think, in the name of T. Cameron; I received one and took it to Manchee—I also received a second letter in the same name.
CHARLES FREDERICK ARMSTRONG , I am a clerk in the money order office, St. Martin'sle-Grand. I produce a post office order from Birmingham, dated Sept. 1852, obtained at Birmingham, and made payable at Whitechapel—I have likewise the letter of advice, which is to David Alexander, traveller.
JOHN ELLIOTT . I am clerk to Pickford and Co., of Wood-street, Cheapside. I recollect a cask being delivered to me, addressed to Simpson, of Birmingham; I have my book here, it was on 28th Sept., it was described as blacking, and was forwarded in the usual way.
SARAH SMITH . I am a widow, and live at Lansdowne-cottages, Tenter-ground. I know Manchee, and both the prisoners—I do not know whether the prisoners know Manchee, but I know that Manchee came one evening with Joseph for a parcel.
ELIZABETH WHITE . I am barmaid of the Black Horse, Leman-street, Whitechapel. I have seen the prisoners there—I have seen Manchee; he left a parcel there some time in December, I cannot say the exact time, but it was about Christmas time—David Alexander came afterwards, and asked for the parcel that Thomas had left—I do not recollect seeing Manchee and the prisoners all together, but I have seen him with the prisoners occasionally.
HENRY WEBB (City policeman, 524). On 23rd March, I took David Alexander, in Brick-lane—I told him I was an officer, and took him for receiving a quantity of blacking from Manchee, who was in the employ of Mr. Harriss, of Mansell-street—he said he did not know him, and he had never had any of Harriss's blacking in his possession in his life.
JOHN BARRETT . I am a brushmaker of No. 89, Piccadilly—I know David Alexander, and have frequently had dealings with him for one or two years—in Nov. last I bought six dozen of Mr. Harriss's composition of him, and in Dec. six dozen—there are two sizes, I paid him 4s. 6d. for one size, and 6s. for the other—I have been in the habit of buying of Mr. Harriss; his price is 6s., and 9s.
Cross-examined by MR. COOPER. Q. You thought that a fair price? A. Yes, under the circumstances that he stated, that he had taken it in exchange—I have had large dealings with him, 10l. or 15l. at a time, and believe him to be a perfectly upright man.
MR. BALLANTINE. Q. Does hearing this at all alter your opinion? A. I mean until the last circumstance about the blacking aroused my suspicion—he buys a case of sponge, and sells it in detail—from the blacking being cheaper than usual, I mentioned the fact to Mr. Harriss.
EDWARD GUYER BARR . I come from Bristol. I know David Alexander on 13th Sept. I bought of him eighteen dozen of Mr. Harriss's composi tion, at 6s. per dozen, and some for 4s.—it was two different sizes—I got these receipts from him, the account is in my writing, but it has his signature—
I also believe this letter to be in his writing (receipts read:"E. G. Barr, to David Alexander, Sept. 13, eighteen dozen compo., 4l. 10s.; received same time, David Alexander." "Mr. Henry Brace, twenty-three dozen large, twenty-two dozen small, 45 dozen, 9l.; David Alexander." "Dec. 9,1852, Mr. H. Brace, bought of David Alexander, thirty dozen large compo., thirty-two dozen small, 13l. 9s.; paid, David Alexander. "
DAVID ALEXANDER— GUILTY . Aged 32.
JOSEPH ALEXANDER— GUILTY. Aged 24. of receiving.
Transported for Seven Years.
NOT GUILTY .
JOHN WHEELER . I am a barge builder, and live at Shadwell. On Sat, 5th March, between 6 and 7 o'clock in the evening, the prisoner passed me in Bishopsgate-street; he said something to another man, and I passed him—I had never seen him before, he seemed to be very much in liquor—he then overtook me and said something in his own language, I said nothing to him; he came alongside of me, and said in English, "Look at my nose?" I turned round to look at it, and he up with a knife, and cut my forehead (I have had two or three half pints of porter, but it has not hurt me), my forehead bled very much indeed; the prisoner said something and walked off—I went to a doctor—I was quite sober, I bad not bad my week's money five minutes.
JOHN PARNELL . I live at Shadwell, and am a boy on board ship; I come from America. I was in Griffin-street, and saw the prosecutor talking with a woman—I did not hear what the prisoner said, but the woman gave him a shove; Wheeler walked on, and the prisoner came up to him again; I did not hear what he said, but I saw him strike Wheeler, and cut him with something which had a lanyard to it—that is what sailors wear round their necks; I wear one when I am on board ship.
Prisoner. Q. Did you see me strike the man with the knife? A. Yes
JOHN BULL . I live in Spencer-street, St. George's. I went up and found the prosecutor bleeding, he said, "That is the man who struck me," point ing to the prisoner, who was not then near him, but who was returning towards him, and saying, "I have lost my knife, I have lost my knife," and was looking about in the road for it—he said nothing to what the prosecutor said, but walked away—I took the prosecutor to a doctor.
THOMAS BURNS (policeman). I took the prisoner, and took him to the prosecutor; he said he did not cut him, the prosecutor said he did—while I was searching the prisoner, he said he had lost his knife in the street—I went to Griffin-street, and this knife was given to me by one of the inmates of No. 6, who said it was found there.
Prisoner's Defence. One of them pulled me by the handkerchief, I do not know what man it was, and they struck me in the face three times, and
broke my pocket and three buttons of my waistcoat; I lost my knife before that.
COURT to JOHN PARNELL. Q. Didyousee the prisoner and Wheeler together? A. Only when the prisoner came up to the door where the prosecutor was talking to a young woman, he came up to the prosecutor, and said, "Do you see my face;" the prosecutor looked up, and said, "Yes," and then he struck him—the prosecutor had said nothing to him, and done nothing to him—I saw nobody ill use him, or strike him.
GUILTY of unlawfully wounding. Aged 23.— Confined Three Months.
OLD COURT.—Friday, April 8th, 1853.
PRESENT—Mr. JUSTICE ERLE; Mr. Ald. COPELAND; Mr. Ald. MOON; Sir ROBERT WALTER CARDEN, Knt., Ald.; and RUSSELL GURNEY, Esq.
Before Mr. Justice Erie, and the First Jury.
504. HARRIET BROWN and SARAH WELLFARE , were indicted for feloniously uttering a forged 10l. Bank of England note, with intent to defraud; in other COUNTS, Brown was charged as an accessory after the fact.
MESSRS. CLARKSON and BAYLEY conducted the Prosecution.
WILLIAM LAURIE . I am an assistant to Messrs. Sewell and. Cross, drapers in Old Compton-street, Soho. On 12th Feb., the prisoner Wellfare came into our shop about a quarter or half past 3 o'clock in the afternoon—she purchased a few articles, amounting to 1l. 10s. 7 1/2 d.—I made out a bill of parcels, and a duplicate of it—this is the duplicate which I made out (looking at it)—I retained it, she gave me a 10l. Bank of England note in payment—I gave it to the cashier Clewet, and he gave me a check for 5l., and gold and silver in exchange—this check (produced), I believe to be the one he gave me—I gave the same check that I received from Clewet to Wellfare—another of the assistants named Stocks was near me when the purchase was made—I heard him offer to send the parcel, and I heard her say, "No thank you, I'll take it myself," and I think she said that she lived close at hand in King-street—something was said in reference to living in King-street—I heard the words "King-street"—she then went away, and took the parcel with her.
Cross-examined by MR. PARRY. Q. Then this remark about King-street was not addressed to you, was it? A. It was to Mr. Stocks; there is a King-street I believe somewhere in the neighbourhood of Old Compton-street—I think the woman was in the shop about half an hour, I cannot say exactly—I did not have a good deal of conversation with her—we did not converse upon other topics besides business, I am quite sure of that—among the articles she purchased was a black cloth mantle, some stockings, and some corded skirts—I believe the mantle was for herself—she did not look at a great many things before she bought—I will not state any particular time that she was in the shop—our customers are principally ladies—I cannot recollect whether I showed her gowns and other things—I think I showed her nothing else except what she wanted.
MR. CLARKSON. Q. Should you know the mantle again if you were to see it? A. Yes; I think I should—(a mantle was here produced) this is it.
I have no doubt that this is it—the date corresponds—it was on 12th Feb. that I received it, and about 1 o'clock in the day—it is drawn on Cox and Biddulph for 5l.—after receiving it from Mrs. Lowe, I took it to the cashier Clewet, to get it changed—at the time I received it from Mrs. Lowe, this endorsement of the name of Proctor was not upon it—Mrs. Lowe wrote the check in my presence—there was no writing on the back of it then.
Cross-examined by MR. PARRY. Q. Are you quite positive that that is the same check? A. I would not swear to the paper; but from the circumstance of its bearing the same date, and knowing that Mrs. Lowe was only there once that day, and also knowing that she had an account there, and that she never pays checks except she buys goods for a friend, I have every reason to believe it is the same.
CHARLES CLEWET . I am cashier, at the house of Sewell and Cross. On 12th Feb., I remember receiving a check for 5l. from Mr. Smith—I did not notice the name of the drawer—I put it in the till—in the course of the same day I received from Laurie a 10l. Bank note—I gave him for it this check for 5l., and the rest in gold and silver—I put the note in the till—that was between 3 and 4 o'clock—it is the practice of our house that I should account to one of the partners for the cash I receive during the day, after 5 o'clock—I accounted to Mr. Bacon, one of the firm, for the cash I received that day—I gave to him the same 10l. note that Laurie had given to me.
Cross-examined. Q. Are you the principal cashier in this establishment? A. I am the only cashier; I am quite unable to swear to this note—I am sure that the note I received I handed to Mr. Bacon.
COURT. Q. Had you more than one 10l. Bank of England note to give to Mr. Bacon that day? A. No.
WILLIAM BACON . I am a partner, in the house of Sewell and Cross. I remember Clewet the cashier accounting to me on 12th Feb., somewhere about 5 o'clock in the afternoon—among other moneys, he handed me a 10l. note—this is it—I recognise it by the endorsement that is upon it—it is dated 12th April, 1852, and is numbered 65059.
Cross-examined by MR. PARRY. Q. Do you positively swear to that note? A. I do, by the endorsement—I recollect it, and it is the only note I had at that time—I sent it to our bankers.
WILLIAM STOCKS . I am an assistant to Sewell and Cross. I recollect the prisoner Wellfare coming to our shop on 12th Feb. last, between 3 and half past 3 o'clock in the afternoon—she purchased some goods—I saw her give Laurie a 10l. note, and saw him go to the cashier, and return—he gave the prisoner the check and some gold—I did not notice the check further than seeing him give it her—I cannot say that this is the check, I did not notice it—I asked Wellfare if we should send the parcel home for her—she said, "No, thank you; I only live in King-street"—on 3rd March I went in company with a policeman in search of Wellfare—we went to Porter-street, Coventry-street, or Cranbourne street—it was about 7 o'clock or half past in the evening when I went there—I waited for about two hours—I then saw Wellfare coming down the opposite side of the street where I was standing—I was at the corner of Porter-street—she was in company with a young man—I walked past her to see if I could recognize her as the same person that I had seen—I saw that it was, and told the policeman—he and I then walked up to her—before we went up to her she turned back as soon as she saw me—she saw me watching her, and threw her veil over her face—we told her that we wanted her to go with us, and we took her to Bow-street—I did
not hear the constable say anything to her—she wanted to know what we wanted her for—I did not hear her say anything till we got to Bow-street—she was there charged with passing a 10l. note—she said, "Not to my knowledge, I did not"—she afterwards said she recollected passing a 10l. note, but she was not aware it was bad—she said that a friend of hers gave it to her of the name of Johnson, whom she had been in the habit of meeting at a night house—the inspector asked her what she did with the check that was given her, and she said, "Was it the piece of paper with a picture on it?"—the inspector said that it was—she said that she gave it to this Mr. Johnson one morning when he came up to her, she was in bed at the time—she did not say what morning—I was at the police office when she was remanded—I do not recollect the date—I saw her look at the other prisoner, and say, "I never saw that woman before. "
Cross-examined by MR. PARRY. Q. Were you by all the time that she was in the shop? A. No, not quite all the time—she was not there so long as an hour—I should think it was about half an hour—I did not show her anything—I did not see any one do so besides Laurie.
BARNABAS ALDERMAN (policeman, F 123). On Thursday evening, 3rd March, I was in company with Stocks, in Porter-street, Leicester-square—a little before 9 o'clock I saw the prisoner Wellfare and a young man of the name of Garcia—we followed them into Rider's-court, Leicester-square, to the bottom of the court—they there stood and looked into a bonnet shop in Cranbourne-street, at the corner of Rider's-court—Mr. Stocks went out of the court into Cranbourne-street to the window where they were standing, and went by the side of Garcia—I saw Wellfare look under the man Garcia and she said something to him, and she then turned up the court and pulled her veil down—they passed roe, and I stopped them—I said to Wellfare, "I want you"—she said, "What for?"—I said, "For uttering a forged 10l. Bank of England note at Messrs. Sewell and Co.'s, 44, Compton-street, Soho" the said, "Me?"—I said, "Yes, you"—she said "Me?" again—I said, "Yes"—she said, "Not to my knowledge"—I said, "You must go with me to the station house"—we went down the street—she said, "Do you think it is a bad one?"—I said, "Yes, I think it is a very bad one by the look of it"—she said, "I know I passed one, but I was not aware it was a had one"—on the road to the station she asked me several times if I thought it was a bad one, and I repeated to the same effect, that I believed it was a very bad one—she was searched at the station, and 8s. 4d. was found upon her—she was asked where she got the note from—she said a friend of hers at Birmingham had sent it to her—she said she had known him for the last two years, and she saw him the night that she received the 10l. note—she said that she had slept with him two or three nights—she gave her name Sarah Wellfare, and her address No. 20, Porter-street, Leicester-square—I handed her over to Mackenzie, the inspector—[MR. CLARKSON proposed to ask the witness what he knew of the person in whose company she was, with a new to show his connection with certain matters at Birmingham, but MR. JUSTICE ERLE was of opinion that unless it could be proved that the prisoner knew of that connection, the evidence was not admissable; it was not pursued]—I afterwards went that same evening to search her lodgings—among other things which I found were these two letters in these envelopes (producing them)—I found them in a chest of drawers in the front room, first floor, at No. 20, Porter-street—the house belongs to a lady in Frith street—Miss Catherine Chance is a lodger on the ground floor—I also found in the same drawer this bill of parcels and twenty-eight duplicates, one in the name of
Harding—I was at the police court after the apprehension of Wellfare when the two women were placed together—I heard Wellfare say that she did not know Brown, that she had never seen her before.
Cross-examined by MR. PARRY. Q. Was Stocks with you whilst all this conversation was going on? A. Yes; I cannot say whether he heard all that took place at the station house—I was obliged to be out in the yard, and I left him in the station—I did not hear her say that a friend of hers named Johnson gave her the note, whom she was in the habit of meeting at a night house—very little was said before we got to the station—I dare say Mr. Stocks might have heard her say that she got it from Johnson, and the greater part of the conversation; in fact, more than I did—I believe the house where she was lodging is not principally occupied by young women—I found a letter there beginning, "Dear Sarah"—at the time I said the note was a very bad one, it was stamped "Forged," as it is now, but I should have known it had been a bad one if it had not been stamped—I should have known it directly.
EDWARD CROCKER . I am cashier to Messrs. Johnson and Matthie, of Hatton-garden gold and silver refiners. On 14th Feb. the prisoner Brown came to my shop—it was about the middle of the day; I do not recollect precisely—she asked for one ounce and a half of gold—it was served her—she paid for it—she gave me a 5l. check and two sovereigns—I believe this check produced to be the same—I asked her what name—she said, "Proctor, the name and address written at the back of the check"—I believe she said the address, but that I will not be positive of—she said "Proctor," and I believe, also, stated the address; but J am positive she said "Proctor, the name and address at the back of the check"—I believe, when she said "Proctor," she also said, "6, Charles-street, City-road"—I referred to the back of the check, and saw "P. Proctor" written, "6, Charles-street, City-road"—I paid her the difference, and she went away—the check was afterwards paid into our bankers', Messrs. Williams', and was duly honoured—I believe she had on a black bonnet and a mantle—it was a dark mantle; I could not tell the material—I do not think I should know it again.
Cross-examined by MR. BIRNIE. Q. You asked her no further questions? A. No; I did not ask how she came by the check—she gave the name "Proctor" quite readily, as any other customer would.
PETER PROCTOR . I live at No. 6, Charles-street, City-road, and am a goldbeater—the endorsement on this check, "Proctor, 6, Charles-street, City-road," is not my writing; it was not written by my authority—I know nothing whatever of it—I know nothing whatever of either of the two prisoners; they are perfect strangers to me.
MR. PARRY to WILLIAM STOCKS. Q. Something was mentioned about Mr. Johnson; do you remember whether the girl told you that the man went by the name of Harry Johnson, at Jessop's wine-rooms; that it was a nickname he went by? A. I do not recollect that: she said that a Mr. Johnson gave it to her, a friend of hers, whom she met at a night house—I do not recollect anything further than that—I heard her say that Johnson sent it to her from Birmingham—I cannot say that I heard all that the policeman did; I heard part of what she said—I have heard him give his evidence to-day—I did not hear anything that she said to him in going to the station—what I heard was at the station—I heard Jessop's wine-rooms mentioned—I do not recollect who mentioned them—I did not hear anything about the nickname of Harry Johnson.
JURY. Q. Was it the check or the note that she said she received from
Johnson? A. The note she received from Johnson, and the check she afterwards gave to him.
CATHERINE CHANCE . I live on the ground-floor, at No. 20, Porter-street, Leicester-square, and have done so for ten years. In the month of Oct. last the prisoner Wellfare came to reside in the front room on the first floor—she lived there until she was taken into custody—I know Brown by sight, she came to live there about six weeks before her apprehension—she occupied the same room with Well fare.
Cross-examined by MR. PARRY. Q. Were you examined before the Magistrate? A. No; I am still living at the house—I have no doubt about this matter.
WILLIAM SMITH . I am a tailor, living at No. 11A. Berners-street, Oxford-street. I know the prisoner Sarah Well fare—I had a relative of the name of Tapley—I knew Wellfare living with Tapley—Tapley had an uncle named Harding—I remember, after Tapley left her, her going to live in Porter-street—on Wednesday, 23rd Feb., this letter (produced) was brought to my house by the postman—the postage was not paid, and 1 refused to take it in—it is addressed to "Miss Harding, at Mr. Smith's, tailor, 11, Berners-street"—it was brought again the next day, the 24th—I then took it in—on the following night, the 25th, Wellfare came to my house—she asked if I had received a letter from Harriet Brown—I said I did not know who the woman was that it was sent from, but there was a letter for her, and I produced the letter, and put it down on the counter—she took it up, opened it in my pre-sence, and I suppose read it—she looked at it and put it down, and made some observation—the policeman, John Baker, had been to my house that night to make some inquiry about a letter—I told Wellfare of that—I after-wards gave the letter to the policeman Baker—(Baker here produced the letter)—I gave it to him directly he asked for it—(MR. CLARKSON proposing to read this letter, MR. BIRNIE objected, there being no proof that it was written by Brown, MR. JUSTICE ERLE would not receive it as evidence against Brown; but in the nature of a conversation addressed to Wellfare, MR. PARRY submitted that it could not be receivable on that ground; but upon looking at the letter did not press the objection; and MR. CLARKSON withdrew the evidence.)
The following documents were here read:—The endorsement on the note, "J. M, Glover, 16, New-street, Walter's Hotel;" the bill of parcels, dated 12th Feb., containing several articles, arhong others a mantle, and amounting in the whole to 1l., 10s. 7 1/2 d.; the duplicate of the bill of parcels; the 5l. check, dated 12th Feb., 1853, drawn by Georgiana Lowe, and endorsed "P. Proctor, 6, Charles-street, City-road," and the two following letters found in Wellfare's room; the envelope was addressed to Mrs. Wellfare, 20, Porter-street, Leicester-square, London, and bore the Birmingham postmark of 9th Feb., and the London postmark of 10th Feb,—"Birmingham, Wednesday. My dear, dear Sally,—I beg you ten thousand pardons for the shabby way I left you; but the fact is, my love, I lost all my money at play the last night you saw me, and was obliged to borrow 1l. to take me home. I felt ashamed to come and tell you, particularly as I knew you were a little distressed for money; but however, my darling, I have made amends, I hope, by sending you the half of a 10l. note. Let me know by return that you have received it, and I will send the other. Mind and pay your rent, and get your things out with it, and be a good girl till the 27th, when you will be again troubled
with your sincere and affectionate friend, J. M. GLOVER."—the other letter was addressed in the same way, bearing the postmark of 11th Feb.—11th Feb., 1853. "Walter's Hotel, New-street. My dear, clear Sally,—I have just returned from Rugby, and am very angry at your not sending me a letter, How am I to know whether you have received the first half? Even if you could not write, some friend would have done it for you; but I cannot be angry with my pet, so I have sent you the other half. I have written my address upon it. If it should be lost, the fault is not mine; and, on my word, I will not send you any more for two months. Be sure and pay your rent, and get your things out of pledge with it; and be sure to keep a good girl until I come up, at the end of the month. I must now conclude, to save the post, and with kind love, my dear Sally, remain your affectionate friend, J. M. GLOVER. P. S. I will send you a Valentine next week."—(One of the duplicates produced was also read; it was for a shirt pledged on 30th July, 1852, at Mr. Walters's, Mount-street, Lambeth, in the name of Ann Harding Allen.)
BARNABAS ALDERMAN re-examined. Among the duplicates I found in the drawer in Welfare's room, there was one in the name of Johnson, and another in the name of Harriet Brown—these are them (These being read, were both in the name of A. Johnson.)
MR. CLARKSON now proposed to prove a subsequent uttering of another forged 10l. note by Brown. MR. PARRY submitted that there was no precedent for such a course, and that it could not touch the question at issue, which was the mind with which they uttered the note on 12th Feb. MR. JUSTICE ERLE referred to the case of Reg. v. Skennett and another, 2 Car. and Payne, for joint uttering of counterfeit coin, as the nearest in point. MR. PARRY contended that there was no such evidence of joint uttering in this case; this was entirely different from a case of slander or libel, where what is said after publication might be received to show the mind with which it was published: here it was sought, by proving a subsequent uttering by one prisoner, to prove the mind of the other prisoner at the first uttering; for it was only upon that principle that the evidence could be admissible. MR. JUSTICE ERLE was of opinion that it was receivable, to show co-operation for a common purpose; that was the cote suggested by the prosecution. If that were made out, the act of each vat the act of both; and, upon that principle, the first uttering would be the act of Brown, the second that of Wellfare. Taking the different items of evidence proved—the living together, their denial of each other, the disposal of the check, &c, coupled with the fact about to be proved, that both notes came from the same plate, there was reasonable evidence of co-operation to go to the Jury; at the same time, he cautioned the Jury that unless they were of opinion that both the prisoners co-operated in the uttering on the 12th, the forthcoming evidence was not to be taken into their consideration as against Brown.
WILLIAM SAMUEL MARSHALL . I live at No. 20 in the Strand, and carry on a grocery business there. On 19th Feb., at 3 o'clock in the afternoon, the prisoner Brown came to my shop—I have a shopman named Scott—I heard the amount of what she called for, but did not take notice, of each item—the amount wat 6s. 11d.—she tendered in payment what purported to he a 10l. note—this (produced) is the note, I marked it at the time; Scott handed it to me—I did not lose sight of it from the time it was produced by Brown until I marked it—I looked at it, und in consequence of the opinion which I formed of it, I told the prisoner it was a forgery, and sent for a constable—she handed me two letters, and said that was how she had received it—these are the letters (read), both addressed to"Miss H. Brown, 41, Bedfordbury,
Covent-garden, London." "17th Feb. My dear Harriett,—I am at present fortunately in a position to help you out of your present difficulty, but really have so many calls now upon my purse, that if I do not economise I shall be rained. I enclose you half of a 10l. note, and will send you the other as soon as you acknowledge the receipt of this Do not expect any more from me before April. I have put my address on it, and, with the hope you will turn steady, believe me, yours affectionately, THOMAS MORGAN. Walter's Hotel, New-street, Birmingham."—"Birmingham, 18th Feb. My dear Harriet,—I am unexpectedly called into the north, and leave here to-night; consequently I cannot wait for your answer, but have enclosed the other half of the note for you, which I hope will arrive safe. Pray keep your resolution of getting into service again; anything is better than the life you have been leading lately. Let me only see you steady, and I will do all I can to assist you, but not otherwise. I shall not be in London, or here, before April; so do not write to me until you hear from me again: and, until then, believe me, yours affec tionately, THOMAS MORGAN. Walter's Hotel, New-street."
Witness. She said she had been in distress, and met a gentleman that she bad known three years before, in St. Martin's-lane, and he gave her a sovereign, and told her he would do more for her when he could; and that he took her into a public house, and gave her some brandy and water—she said she had received the 10l. note from him from Birmingham, that was the next thing she heard—she received the one half of the note in the first letter, and the other half in the other—she also stated that she had answered one of the letters—she was taken to Bow-street on the same day, and she there produced these two notes, and the envelopes.
Cross-examined by MR. BURNIE. Q. Had you ever seen Brown before? A. Not to my knowledge—I believe she had not been a customer at my shop—she produced these letters at once—when I turned to her to tell her it was a forgery, she had the letters in her hand ready to produce—the envelopes were in the same state as they are now, with the postmarks—I looked at the note two or three minutes before I told her it was a forgery, and also spoke to a gentleman in the shop, and asked his opinion about it, and when I went to tell her it was a forgery she had the letters all ready in her hand.
WILLIAM WYBIRD . I am one of the inspectors of Bank notes in the Bank of England—it is never the practice of the Bank to issue more than one note of the same amount and date—this note, uttered on 12th Feb., is No. 65059, dated 12th April, 1852, and purports to be signed by a cashier, named T. Parish—it is a forgery in every respect—this other note, uttered on 19th Feb., is also a forgery in every particular—it purports to be signed by T. Parish—it is also dated 12th April, 1852, and No. 65059, the same as the other—both are for 10l.—they are fac-similes—I have no doubt they are from, the same plate—one of them is endorsed, "J. M. Glover, 16, New-street, Walters' Hotel," and the other, "Thomas Morgan, Walters' Hotel, New-street. "
BROWN— GUILTY . Aged 22.
WELLFARE— GUILTY . Aged 22.
Transported for Fourteen Years.
(MR. CLARKSON stated that Brown had been in custody, charged with uttering counterfeit coin, and that Wellfare had lived with a man now under sentence for robbery, and also with a man named Hackett, who escaped from the Model Prison some time ago),
MESSRS. RYLAND and RIBTON conducted the Prosecution.
MOSES ABRAHAMS . I was the plaintiff in a cause of Abrahams v. Price tried at the Court of Exchequer, Guildhall, last February—it was an action brought upon two bills of Exchange for 160l. each—I had those bills in my possession at that time—these are the bills that have been produced—I discounted them for the prisoner and a person of the name of Thompson—Thompson was with her—it was on 23rd April, at Bristol, where I reside—I had seen the prisoner and Thompson on the subject of the bills before the 23rd April, I could not swear positively to the day, but five or six days—they left the first bills with me to inquire as to their validity—they were two bills for 100l. each—they wished me to discount them—I did not do so because they were on a wrong stamp—they were handed back to them, and five or six days afterwards they brought me these two bills—the first two bills were by the same acceptor as these.
Cross-examined by MR. BALLANTINE. Q. When was it, as near as you can recollect, that the prisoner brought the two bills for 100l. each? A. I have no recollection of the date—I returned them to her the same day they were brought—I received them about five, or it might be six, days previous to receiving these bills—I received these on 23rd April—I pointed out that the 100l. bills were on wrong stamps.
Q. Did you give her money to go down to Torquay to get them altered? A. Mr. Thompson had some money of me—I had no security at that time—I think it was 30l. he had—I don't know what he did with it—I don't recollect that any money was advanced for the purpose of going to Torquay—Mr. Thompson said he wanted some money, and I gave him 30l.—I think she said as the stamps were wrong she must go down to the party who was the acceptor, and get the matter set to rights—some money was given to her for that purpose—having been away a certain number of days she came back on the 23rd, with these two fresh bills, and I discounted them—I gave her 220l. for them—(Prisoner. "180l.")—I am on my oath—I gave 220l., and she was present—if you will allow me I will tell you precisely how it occurred—these bills for 160l. were brought to me to discount, and they said, "If you will do it, Mr. Abrahams, I will give you 100l. for doing it"—I said, "No, I will take the bills, and ask some of my friends and my banker whether they are of value"—I was told they were, and Mrs. Hamblett and Mr. Pickford came to ray house to receive the money, and said they would give me 100l., if I would take the bills, for discounting them—I said, "No, I won't take anything; you have promised to give me 100l., I won't take the money, I won't take 100l."—I put the whole money, 320l., on the table, and said, "Now you take whatever you like—don't consider the sum you offered me; but here is the money, take what sum you like"—and they took off the table 220l.—that I will take my oath of—they left 100l., and she then asked me if I would give her any more money back again—I said, "No; when the bills are paid, you call, and I will give you some of the money"—the 100l. was left for me, and of course I took it.
THOMAS CANNON . I am a short hand writer. I was present at the trial of Abrahams v. Price, at Guildhall, on 21st and 22nd Feb. last, and took notes of the trial—I have a note of the evidence that was given by the prisoner.
(The evidence given by the prisoner was here read. She described herself as a widow, formerly carrying on business as an upholstress at Cheltenham, and stated
that she had known Mr. Price since 1843 or 1844; that he had from time to time, and to a considerable extent, accommodated her with advances for the purposes of her business; that the acceptances to the two bills for 160l. were written by him in her presence at Hearder's Hotel, Torquay, in the first or second week in April; that he had previously sent her two bills of the same amount; but finding they were upon wrong stamps she went from Bristol to Torquay for the purpose of seeing him; that she sent the boots of the hotel for him, and he came, and when he gave her these bills he put the others in the fire).
FRANCIS RICHARD PRICE . I am the prosecutor of this case, by order of the Lord Chief Baron. I was the defendant in an action tried before him, in Feb. last, of Abrahams v. Price—I was present at the trial, during the time I gave my evidence; I was not in the Court at the close of the case—I know the prisoner; I think the first time I saw her was in Aug., 1851—I have made her some advances by means of my acceptances—this letter, dated 26th March, 1852, is in her writing—I received it from her about the time of its date; I was then at Torquay—it enclosed two bills to be accepted by me, at six months date, of 100l. each—there were four bills in the letter, two of which I had given dated 16th Oct., 1851, at twelve months' date, for 100l. each, which were returned to me with the other two, dated 26th March, at six months, which were to be accepted in lieu of those two that would become due on 49th Oct., with a request that I would destroy them, and return these in lieu of them—I accordingly destroyed the old bills, accepted the new ones, and returned them to Mrs. Hamblett (letter read:—"Sir,—In your last letter to me, you again reminded me of meeting the bills due in April. I have laid out a large sum of the cash I got on the bond, and Mr. King's expenses were very heavy, and cost more than he gave me any idea of; therefore, to prevent any disappointment to you, I have enclosed two bills, as you will see, at six months' date, instead of the others. I thought you would have no objection to accept them; and if you destroyed these yourself, and if you do this it will enable me to meet the others without having recourse to the Thompsons, as it will be my strict endeavour to avoid them in future. If you can accept them by Monday next, it will save the expense of discounting; and if you make them payable at the County of Gloucester Bank, Cheltenham, instead of at Stuckey's, it will be better. "Dated, "26th March.") At the time I took the letter to the post office, I made this memorandum on the back of her letter (the COURT allowed the witness to look at the memorandum to refresh his memory)—I accepted the two new bills, and took them to the post that night—this is the letter now in my hand—it is not exactly in the same state now as when I sent it to her; there has been an attempt to make an "0" into a "6"—it is dated 5th April, but it is not the letter which I sent the two bills back in; it is an answer to a letter which I received, stating that the Gloucester Bank had declined accepting the bills of 100l. each.
(Upon MR. RYLAND proposing to read the letter, MR. BALLANTINE objected to its admission; because, although a letter was produced to, and recognised by, the prisoner on the former trial, the letter now produced was not shown to be the same. The COURT considered, that as a letter from Mr. Price to Mrs. Hamblett, dated 5th April, was impounded on the trial at the Exchequer, unless some other letter of that date was shown to be in esse, this must be considered to be the one. MR. RIBTON, however, stated that the prosecution was in a position to prove the fact.)
during the whole trial—I saw this letter produced put into her hands, and she acknowledged in her evidence having received it from Mr. Price—it was afterwards impounded, and there was no other letter of that date.
Cross-examined. Q. Has this matter been investigated before a Magistrate? A. No; I apprehend that the letter has not been shown to the prisoner since it was impounded, except in the custody of the Associate.
MR. PRICE continued. I posted this letter myself (read:—"Torquay, 5th April. Madam,—I received your letter, in which you say that the Gloucester Bank decline cashing the two bills I sent you, accepted at six months, for 160l. each. If, however, you can induce them to cash them for you, they may rely on my punctually sending the money to their bank when due on 26th Sept. next. I am, Madam, yours, &c, F. R. PRICE,") These two bills of exchange are neither of them accepted by me; there is none of my handwriting on them, not the least—I did not authorise anybody to accept them in my name (the two bills were here read, dated 26th March, 1852, drawn by C. Hamblett on F. R. Price, for 160l. each, at six months after date; accepted, payable at the County of Gloucester Bank, Cheltenham, F. R. Price)—I cannot say that I ever accepted any bills for the prisoner of 160l. each—I never saw these bills till the trial—I did not meet her at Hearder's Hotel, for the purpose of accepting bills—I never saw her from 22nd Feb., 1852, till 1st Feb., 1853, anywhere.
Cross-examined. Q. What I understand from you is, that you deny that in the letter you wrote the amount of 160l. was mentioned? A. Certainly; I deny that upon my oath—no portion of these bills are in my handwriting, not even the name, across the signature—I know Hearder's Hotel, at Torquay—I have very seldom been in the habit of going there; I have gone there sometimes to get postage stamps—I do not live at Torquay; I am staying there at present—I swear, beyond all question, that I was not there on 17th April—I threw nothing into the fire there on that day—I never threw any-thing into the fire there, certainly not; nor did I say, "D—n the things, let them go!" I never use such words.
Q. I do not want there to be any mistake about this; are you quite certain?—do you pledge your oath that you were not at Hearder's Hotel on 17th April? A. I cannot positively say I was not, but I have no reason to think I was; if I was, it was only to get postage stamps—I can almost positively swear I was not there—I certainly did swear at the trial at the Exchequer that I was not at Hearder's Hotel that day at all—I made no exception there about going for postage stamps, but I am sure I did not go for the purpose of meeting anybody.
Q. Do you pledge yourself not to have been there for any purpose on 17th April? A. I was not; I pledge my oath that 1 was not there, either for postage stamps or any other purpose—I cannot fix a day, but I am positively sure I was not there on the 17th for postage stamps.
Q. Will you tell me how it happens that you were bill discounting, or allowing Mrs. Hamblett to use your name at all? A. She sent me the bills, and I accepted them; there was no connection existing between me and her, nor any friendship—she was married to a coachman—I am not a man of rank at all, nor of very large fortune—it was out of kindness in some degree, perhaps, that I did it, but not out of kindness altogether—I was not paid for it—I did not share in the proceeds of the bills—my motive for doing it was that she wrote me at one time a sort of threatening letter, which I was foolish enough to give way to—I have not got it; I did not keep it—as far as I can remember, that may be about five years since.
Q. I thought you had not known her before 1851? A. I did not know her personally—I burnt the letter that began our correspondence—I had never seen her before 1851, but I think I had written to her, though not often; I cannot charge my memory as to how long before—I had not known that she was married to a person named Pickford; I never knew that she went by that name till 1851—I do not know how she happened to go by that name.
Q. She swore, in the Court of Exchequer, that it was by your desire? A. It was certainly not by my desire, I swear that; nor that she should call herself Pickford—I never desired that she should sign her name Pickford, or use that name in any way; I swear that—I should think this letter (looking at one) is in my writing (read:—"Thursday. Madam,—I have just received the enclosed bill from Mr. Thompson, and forward it to you by his desire: you must sign it, 'C. Pickford.' It is drawn at two months, which is, I am sorry to say, very inconvenient to me, as having, as you know, to provide for a very large bill by 1st Jan. I am extremely doubtful about being able to meet this one in the same month; but as you said you would provide for a portion of that bill due 11th Jan., I trust, if I can meet the whole of that, you will do your utmost endeavours to meet this when it is due on 18th Jan., as it is not in my power to meet all those large sums. I cannot understand how the mistake has occurred; as I most certainly thought I had paid every bill that was due until Jan. When the bill is taken up due this month, be so good as to send it to me; but do not write until then, and merely direct, 'Torquay, Devonshire,' as the letters directed to the post office are not kept there until I call for them, but sent by the letter carrier. I am glad to bear you are better. P. S.—It would be better if you would get Mr. Thompson to alter the two months to three months, which would make it more convenient; and I perceive the stamp is equally good for three as for two months. I shall write to Mr. T. by this post on the subject. ") That was written after 1851, when I knew she went by the name of Pickford.
Q. You say here, "you must sign it C Pickford," you told me just now you had never told her to sign her name Pickford? A. I was not aware that I had—I am not aware that I ever told her to sign the initials of her Christian name, and not her full name—I had no motive for doing such a thing as that—this letter (produced) is in my writing—(read—no date—"Madam, I this morning received a letter from Mr. Thompson, inclosing a bill at six months, for my acceptance, for 271l. 1s.; this is more than I authorised, and I could not have accepted it, had he not promised to make good the 71l. 1s., in case I could not meet it at that time. Now I must roost plainly tell you that I really will not accept any more bills, as what I have already done is very much more than 1 can afford to do; and I trust if you succeed in your business, you will repay me some portion of what I have advanced you, and I trust what I have now done will prove advantageous. I must request that my name may not appear in the business in any way. Be so good as to sign your name to the bill Ch., and not your Christian name at full length.") Q. You see there you desire she should sign merely with the initials of her Christian name? A. Yes; I did not mean her regular name—I really cannot say any particular reason why that was; I thought it might be better; it was "C.," and it might be considered either to be "Charles" or "Charlotte," either a man or a woman.
Q. You did not wish a lady to be the drawer? A. I fancy that was my motive—I believe it was—there had been a great many bills with her name in full—we had not negotiated bills together to the amount of many
thousands; I cannot say the exact sum—I enclosed the two bills, which I say were for 100l. each, in a letter; I should think that was on 27th March—this (produced) is the letter—(read—"March 27th. Madam, I have just received your letter, and return you the two bills accepted. I trust you will not fail in taking up the four bills of 50l. each, due at Stuckey's Bank', due April 16th. You do not say whether it is in your power to assist in an? way in enabling me to meet the bill for 270l., due April 12th, without applying to Mr. Thompson, as I do not wish to have any transaction with him. Let me know immediately. You must inform me what name you sign to these bills, payable at the Gloucestershire Bank. "
Q. You tell her here, "You must inform me what name you sign to these bill;" those were the two bills you sent up to her? A. Yes; perhaps I should have accepted them whatever name she signed; if I saw it was her handwriting, I suppose I should.
COURT. Q. Were the bills you enclosed payable at the Gloucester Bank? A. Yes, at the County of Gloucester Bank—there was no blank for the drawer's name; I cannot explain the reason of that; I do not know the meaning of that, but I certainly enclosed those two bills in that letter.
MR. BALLANTINE. Q. Did you ever direct her to assume some other name than her own, being indifferent to what name she assumed; did you tell her to assume some other name? A. think one spring, at Hastings, I had a letter from her, saying she was in London, and she should certainly come down to see me; and I asked her whether she would come in her own name, or take any other; and I think I said I had much rather she did not come at all, but if she did she had better come in some other name than her own—I certainly have desired her to burn my letters; this (produced) is the letter I wrote to her about that—(read—"Madam, your letter arrived yesterday evening, but I was out when it came. I did not return in time to answer it by yesterday's post I am most particularly desirous you should not attempt to come down to see me here, as it might, I can assure you, be productive of serious consequences. If, however, you should persist in your determination to come, you had better assume some other name; and when you arrive, go to the Swan hotel, in High-street. If you do this, you must write from London, by to-morrow's post. Say what time you shall be here, and also in what name; and I will endeavour to see you as soon after as I can. But direct to me, 'Post office, to be left till called for,' or the letter may not reach me. I must, however, for many reasons, earnestly request you will not come; and as I have, at very great inconvenience to myself, rendered you very considerable assistance, I really think I have some right to expect you will acquiesce in my wishes—it is not improbable but that I may be in London ere long, and would inform you if I am. I beg you will burn this after reading it.") This letter (produced) is also my writing—(read—"Madam, I have just received your letter. As you seem doubtful whether you can do what I mentioned, I must take care to provide for it myself. If you will write word where you are in London, I will write to you there. If asked any questions respecting your receiving assistance from me, I trust that you will not acknowledge that you have lately, except what I mentioned, as I suspect you will be asked very shortly. On no account let any one see my letters to you.")—I think this letter (looking at another) is mine—I have no recollection of what the latter part means—I should not say it was forged; the greater part of it is certainly genuine, if not the whole; I cannot account for the latter sentence of it, for I have no recollection of it at all.
COURT. Q. Do you believe it to be your handwriting? A. Yes, certainly—(read; "Tuesday. Madam,—I called at the post office this morning, rather expecting to have found an answer from you as to the question I asked in my last letter, but did not find any. I have some reason to suppose that it is possible you may be asked by some person whether you have lately received any assistance from me, or corresponded with me. I am not sure such will be the case, but if it should, I must most particularly desire that you will not acknowledge having received any assistance or corresponded at all. I have been put to very serious inconvenience by not receiving the balance you promised to send.")
MR. BALLANTINE (handing a number of letters to the witness, who examined them.) Q. You need only just look at those letters generally; are they in jour handwriting? do you believe them to be? A. Yes; the prisoner has carried on business at Cheltenham, to my knowledge—I cannot say as to whether she carried on business at Bristol—her husband was formerly in my service as a postilion—he did not marry the prisoner while he was in my service; I suppose it was afterwards—he left my service, I should think, upwards of twenty years ago, or thereabouts—I never met her with her husband in the Royal York-crescent, Clifton, not to know her—I did not meet a woman with him—I mean to say that seriously—I was walking in the Crescent, where we were then lodging, at Clifton, and he came up to me—I did not see anybody with him—I did not speak to any woman that I am aware of—I did not say that I hoped she would prosper in her business; I do not think I used such words—I should say certainly I did not; I have no recollection of it—I cannot swear to a thing that I have no recollection of—I did not know that she was carrying on an upholstery business in the Mall at Clifton—I did not know her there.
Q. I believe you always promised to do what you could for her? A. I said I would assist her—I did not promise her husband before his death that I would do what I could for her; I never said anything about it—I have no recollection of having done anything of the sort—it is a good many years ago; I cannot call to mind that I said anything of the sort—I am aware that it is a peculiar matter—it is possible that I may have made such a promise and forgotten it, but I do not believe I did—I cannot swear I did not—she kept an upholsterer's shop at Cheltenham—I was there a few times, not several times; I should say not more than three or four times—to the best of my recollection, I do not think I was in her shop more than four or five times at the outside. Q. Did you not visit her more intimately than at the shop? A. Yes; I went up stairs into a sitting-room; she took me there—that was in the autumn of 1851—her husband had then been dead three or four years, I believe—I am a married man—I think I was up in the sitting-room several times; she asked me to go up—I did not go of my own accord, she asked me—I was not there more than from four to five times—I have not been there three times in one day—I think I recollect being there twice in one day—I think I have some recollection that I went in the morning, and I think, for some reason or other, I was obliged to go again, but I cannot tell you exactly why; I do not know.
Q. Have you directed her to draw bills in the name of Hamblett? A. I do not know that I ever gave her any particular directions—I know that she has done so, and in the name of Pickford; never in any other names.
Q. You have occasionally received money out of them, have you not? A. I do not think I ever received anything but one sum, I believe, of 30l.—I do not recollect ever receiving any more—I have most certainly not received
considerable sums of money out of the discount of theft bills—I was in France in 1850.
Q. Did you keep up a correspondence with her while there? A. I wrote to her from France, certainly; but if she had not written to me I should not have written at all—I wrote several times to her; I answered her letters.
MR. RYLAND. Q. I think you say the first you knew of this woman was receiving what you call a kind of threatening letter from her? A. Yes; I think that is about five years ago, shortly after her husband's death—I destroyed that letter—I cannot remember the substance of it, I do not exactly recollect the nature of the threat; I forget the exact nature of it—she said her husband had told her it would be prejudicial to me, as I understood, and I gave way to that—she alluded to something that she said her husband had told her—she did not describe the nature of what her husband had told her.
Q. There are one or two letters in which you say you think some inquiries may be made of her as to what assistance she had received from you, had you directed any inquiries to be made of her? A. No, not at all—it is impossible for me to say by whom the two bills in question are written—if you will allow me to look at them, I will see whether I know the handwriting (examining them)—I should say, to the best of my belief, that they were Mrs. Hamblett's handwriting, but I cannot swear to a thing that I did not see done—to the best of my belief they are in her handwriting.
RICHARD BURTON PHILLIPSON . I am at present residing in France. I an the brother-in-law of Mr. Price—I have known him since 1825—I am perfectly acquainted with his handwriting—the acceptances to these bills are certainly not in his handwriting—I think it is not at all like it—there is an imitation, but it is not like his writing—I think it is a very bad imitation.
THOMAS DIXON . I reside at Chester, and am a banker. I know Mr. Price; he has been in the habit of banking at our house for some years—I do not know bow long, but for twenty years I know—I am well acquainted with his handwriting—I should say neither of these two bills are is his writing.
Cross-examined. Q. Have you ever seen his handwriting to bills of exchange? A. No, not that I am aware of—I am a partner in the banking firm—this is not at all like his writing—there is a slight imitation, but so alight that nobody knowing his handwriting would suppose it was his; it is too bold, too round a hand.
JURY. Q. You would not have paid a check so written? A. Certainly not.
CHARLES WILLIAM POTTS . I am a solicitor, and live at Chester. I have known Mr. Price for a great number of years, since I have been in business—I am his solicitor, but not in this case—I have known his handwriting for years; I do not believe the acceptance to either of these bills are his hand-writing—it is an attempted imitation of his writing, but I cannot call it a good one.
JURY. Q. Should you have acted upon that handwriting in any business transaction? A. I should think not.
Cross-examined. Q. Will you say you would not? A. I do not believe I should—I should have made inquiries.
WILLIAM KEENE . I live at Bristol, and am landlord of the Greyhound Inn. I know the prisoner as Mrs. Pickford; I recollect in April last her being at my house—I have my book here (referring to it)—she came on 19th April, and finally left on the 23rd—on the 20th, I observe that she was absent after breakfast, until, I should say, late in the evening.
Q. Was she absent long enough to enable her to go to Torquay? A. Well, I do not know how long it would require to go to Torquay—there was a gentleman with her—they came at Mr. and Mrs. Pickford—I did not know the gentleman then, I have seen him since—I have not known him by any other name, I have been given to understand that he is not Mr. Pickford.
Cross-examined. Q. Do you mean that it was Mr. Thompson that she was with? A. I do not know the party as Mr. Thompson; I never saw him before he came to my house as Mr. Pickford.
MR. RIBTON. Q. You say you have seen him since? A. Yes; they were at my house several times as Mr. and Mrs. Pickford—they occupied the same bedroom—I am lure of that—at one time she was there with two children.
HENRY MURRAY . I live at No. 20, Great Norwood-street, Cheltenham, and am a cabinet and chair maker. I know the prisoner—I worked for her in April last—I have my book here—I worked for her the whole of the month of April, and before that—I cannot undertake to say that she was in Cheltenham during the whole of April—I know she was there on the 17th April, by this entry in my book, "April 17th, received by wages, 1l. 2s. 6d."—that is my own handwriting—Mrs. Pickford paid me that—I mean the prisoner; she paid it me it the room where we worked—it was a drawing-room, but we used it as a workshop—it was on a Saturday—I believe she was also in Cheltenham on the Friday, the day before, but I am not so positive as to the Friday.
Q. From 1st April to the 17th, have you any means of knowing whether she was in Cheltenham or not? A. Not so decisively as 1 have on that occasion—I saw her in Cheltenham repeatedly, from the 1st to the 17th—I will not say every day, I think I may say nearly every day.
Cross-examined. Q. What were your wages? A. 1l. 4s. per week, this entry en the 17th, is 12. 2s. 6d.—I was paid in the afternoon, before 4 o'clock; I mean to swear that the prisoner paid me—she paid me the week before, with her own band—I can remember only three occasions on which I was paid by ether persons during the time that I served her—I should recollect this without seeing it here under this date, because Mrs. Pickford sent me to Admiral Wynyatt's or Miss Wynyatt's, in Brook-place, to work that day; I swear that—she sent me on that very day—she sent me after dinner, before two o'clock—she told me before dinner that I was to go after I had taken my dinner; I got back rather before 4 o'clock—I remember it was on that particular day that I went to Admiral Wynyatt's, because it was seldom that I went out to work—I came here because a man of the name of Jones called upon me; be is a man of Cheltenham, who worked for Mrs. Pickford; I do not know how he knew anything about it—I have not seen Mr. Price before to-day, I think—I do not know Mr. Phillipson, unless it is the gentleman that was in company with Mr. Price here; I never heard his name mentioned till he was called—I never saw him at Cheltenham.
(Witnesses for the Defence.)
EDWARD PINNOCK , I am now head waiter t the Clarence Hotel, Manchester. I was waiter at Hearder's Hotel, Torquay; that is one of the principal hotels there—I was there between three and four years—I know Mrs. Hamblett by sight, and also Mr. Price—I saw Mr. Price and Mrs. Hamblett in Feb.—Mr. Price came about Feb. 2nd, to meet Mrs. Hamblett there; she arrived by the omnibus from the train—I have no doubt about the persons of each—I did not see her again till April, about the 17th—I have a reason for saying it was the 17th, because a week previously the clerk to the establishment was out, and he arrived at home the day before her
arrival—he arrived on the 16th, and on the 17th she was with Mr. Price in No. 3, sitting room—she arrived by the 12 o'clock omnibus, and desired me to send a message to Mr. Price that she wanted to see him—I did so by the porter; and Mr. Price came in half or three quarters of an hour afterwards—I saw him coming in at the door, bowed to him, and showed him to Mrs. Hamblett, in No. 3, knowing who he had come to see—about a quarter of an hour afterwards I heard the bell ring, went into the room, and Mrs. Hamblett desired me to bring in a pen, saying, the pen was so bad she could not write with it—Mr. Price was standing on one side of the fireplace, and Mrs. Hamblett on the other—Mr. Price was very agitated, and was in the act of exclaiming "d—the things" or "d—it," and threw something into the fire—I put the pen on the table, and left the room—Mrs. Hamblett looked up at Mr. Price, saying, "I did not think you were going to serve me so"—I then left the room—Mr. Price left about a quarter of an hour afterwards—I saw him go out—Mrs. Hamblett took luncheon and left by our omnibus, which goes to the station about a quarter to 4 o'clock, to the express train—I mentioned the thing at the time to Mr. Lawless, who was passing the passage—he is the gentleman who came home on the 16th; he is clerk and book-keeper—as I was coming out of No. 3 room, I called his attention to it—he has the books here; I informed him of what the prisoner had had; it was my business to take the bill into her and receive the money—I received about 2s., or 3s. from her; 1s. for her luncheon, 6d. for soda-water, and 9d. for the waiter—there had been a private room; I had to pay the expense of the house.
Cross-examined by MR. RIBTON. Q. How do you know that it was the 17th April? A. By the clerk being away the day before; I know he returned on the 16th, because he went away on 7th April, and stopped away one week, he returned again on the 16th; and this was the day after—he stopped away about a week, it might be more—the room was not engaged for days before, till Mrs. Hamblett came; that is another reason I know it by, and also by the particular luncheon that I booked—I do not exactly know what day of the month the clerk went away, I think Monday was the day of the week—I am not quite certain what day of the week he returned—I do not know what day of the week the 16th was—I was examined upon that before, at the Court of Exchequer—I was there asked the reason I could fix the day on the 17th—I did not say a word about the clerk—I said, I had refreshed my memory from the books—I had seen the books.
Q. Why did not you say about the clerk then? A. Perhaps being in a hurry I did not think of all those little things; I said I had refreshed my memory by the books, that was relative to the luncheon—the books are here, the clerk has them—the entries in them are not made by me, he books it from what I tell him—I left the hotel in May—I left of my own pleasure, the situation did not suit me, it was not exactly lucrative enough for me; and I left and went to Manchester, and am there now—Mrs. Hamblett came by the 12 o'clock omnibus, and left by the half past 3, or quarter to 4 omnibus, for the station—I do not know what distance Torquay is from Cheltenham; you cannot get there in half an hour—it is not likely if she was at our place at a quarter to 4 that she was at Cheltenham at 4, the train does not start till after 4.
Q. You told us something you heard Mrs. Hamblett say, looking up at Mr. Price, "I did not think you would have served me so;" did you say that before? A. No; I answered all the questions put to me by the counsel, and I spoke and told what Mr. Price had said—I cannot say why
I did not tell what Mrs. Hamblett had said; I told the clerk who the luncheon was for, and he knew her; it was not entered by her name—the had been at the house twice before—entries had been made before—her name had been entered once out of twice—it is entered in Feb., but not in Jan.
MR. BALLANTINE. Q. Do you know why the name was entered in Feb. and not in Jan? A. In Jan. we did not know her name, and in Feb. we learnt her name—she was there about three hours in Feb.—I am at the Clarence Hotel, Manchester, now, and am getting better wages; it is one of the largest hotels there—I am head waiter—I had not known the prisoner before Jan.—I had no conversation with her except just transacting my both ness—I sent a note to Mr. Price in Jan., and be came and met her, and again. in Feb., and again in April; and in Feb. I received a letter from her to tell Mr. Price she would not be there till next day—I have not received 4s. from her the whole three times—on the day this occurred I mentioned it to Lawless.
WILLIAM LAWLESS . I am book-keeper, at Hoarder's Hotel, Torquay. I remember going out for a holiday in April, I was away for a week—I left about the 9th or 10th, and returned on the 16th—I recollect my attention being called to the room No. 8 on the following day by the waiter—I was coming from the desk to the passage, and the waiter called my attention to loud words in No. 8 room—I did not hear those loud words, but he told me something about high words passing between Mr. Price and the prisoner—I had seen the prisoner that day—I had seen her twice previous to that—she arrived by the mid-day train, and went to No. 3 room, which she had occupied formerly—I did not see Mr. Price—I booked a luncheon to the prisoner; this is my book (produced)—here is an entry, "No. 3. 17th April, sandwiches, 1s. 9d.; bottle of soda water, 6d.")—I made that entry by the directions of the last witness, the waiter; and there can be no mistake about the date, you will see that I returned on the 16th by the difference in the handwriting.
Cross-examined by MR. RIBTON. Q. By whose directions did you make these entries? A. By the waiter's; he told me it was for Mrs. Hamblett; I did not enter that—you will find by the book that we do not always put the names; the numbers of the rooms are sometimes put, and sometimes the names—sometimes we do not put the name if we know the people, but we put the room—I have made entries to Mrs. Hamblett before; I think I can show you three; twice I have put her name down, and once not—the last occasion was after the waiter had left—I cannot tell what time of day the entry was, but towards the afternoon—my attention was first drawn to this when I was summoned to the Court in Feb. last—I did not, after receiving the subpoena. examine the books; not until Mr. Kitson, the solicitor of Torquay, came down—I believe he received another letter after that, to search the books—(he sent his clerk to subpoena me)—he resides at Torquay, and came from his house to our place, and saw me on the subject—the first time was in Feb.—I had the books with me the first time I came to London—I first examined the books when I received the first subpoena. it was at Torquay, before I came to London—I brought them up with me, having found the entry about the sandwiches and soda water.
Q. Can you point out any former entry where Mrs. Hamblett's name is? A. Yes, on 30th Jan., and on Feb. 2nd; it is No. 3—No. 3 is once without the name, and once with (handing the book to Mr. Ribton)—there is no name to this entry, "Half a pint brandy, sandwiches, and bottle of stout"—on that occasion a party came with Mrs. Hamblett from Bristol, and she sent a message by the railway guard at the station that she could not attend that day.
Q. Now, I find another entry on Feb. 2nd to Mrs. Hamblett; what is the use of potting her name here and No. 3 as well? A. Very often we know parties, and we book the name for the purpose of putting it into the small directory, which you will find—there is another entry in June, it is in the book you had first, it is about June 27th, I think; you will find it is No. 7 room there—I have been looking to find the number of times I have entered her name, and have turned the leaf down, so that I should not have the trouble after I came into Court—that entry of June 27th is the only time she occupied an up-stairs room—I hare two entries with her name to them, and two without; she has been there four times altogether—I believe she left by the afternoon train on 17th.
MR. BALLANTINE. Q. How long had you been in the employment at that hotel? A. Six years, keeping the books all the time—the attorney on the other side has been to me, and I gave him an opportunity of examining the books on Sunday morning—I pointed out the entries—I have no doubt that it was on the day that I have got it entered here, and on that day I saw Mrs. Hamblett come out of the omnibus and go into No. 3 room.
NOT GUILTY .
(MR. RYLAND offered no evidence.)
NOT GUILTY .
(MR. RYLAND offered no evidence).
NOT GUILTY .
NEW COURT.—Friday, April 8th, 1853.
PRESENT—Mr. Ald. COPELAND; Mr. Ald. HUNTER; Mr. RECORDER;
MR. ALD. MOON; and Sir ROBERT WALTER CARDEN, Knt., Ald.
Before Mr. Recorder and the Fifth Jury,
WILLIAM WHITE . I carry on business, with others, in Cheapside, as wholesale drapery warehousemen—we have not missed any lawn, not ascertained that there is any missing—we hate not missed any tablecloths—we have not taken stock, to ascertain if any is missing; and if we were to take stock, we could not discover it, because We do not keep a piece stock.
ROBERT PACKMAN (City policeman, 133). On 31st March I went to No. 8, Gloucester-place, Camberwell, to the prisoner's house; I was accompanied by a foreman, in the linen department, at Mr. White's—I found two pieces of lawn there, and a table-cloth—they were brought to me into the parlour by the prisoner's wife—the prisoner was not there at the time—he was here, in custody—he was in custody on 16th March, and on the 31st I got these things—there is no one here to prove that the prisoner ever had possession of this property—the prisoner has a son living at Mr. White's—we called him, and he denied all knowledge of the property—there were some duplicates found in possession of the son, which he said be received from his father's house—the prisoner was picked out by the pawnbrokers, as the person who pawned some of the things.
ALFRED DALTON . I am linen buyer and warehouseman to Messrs. White and Co. I know this piece of laws by the mark on it, 148, and this other piece by the mark 140—each piece has a mark on it, given by myself to our manufacturers, as a reference to our book—every piece I know by the mark—we sell them with the mark on; I may have sold these.
NOT GUILTY .
MR. CARTEEN conducted the Prosecution.
SUMSHERE (through an interpreter). I shipped on board an English ship, the Affghan, from Calcutta to China. and from China to this country; I was Burra Tindall; next under the Serang—the Serang was the head of our men—I was above the other men, and the Serang was above me—there were English sailors on board; there were three boys, and the prisoner, and another officer, and the captain, besides the coloured men—Rahmet Alli was on board—he was a Lascar, a common sailor—he joined the ship at Calcutta—I remember something happening on board the ship—I do sot exactly know the name of the month—I remember going to the police office here—it was rather better than a month before that, about a month before we reached England—the ship was then at sea—it was after we left St. Helena—at that time Rahmet Alli and others were engaged in pulling a rope called the main tack—it is a rope with which they pull the mainsail aft—I was on the rigging—Rahmet Alli was on the deck, pulling the rope on the right side—the prisoner was on the rail of the ship, on the side—while they were pulling, the rope broke—the prisoner said to Rahmet Alli, "Bring another rope"—Rahmet Alli did not know any English—he stood still, end the prisoner jumped down from the rail, and struck him under his neck with his fist, and he fell down with the first blow—there was a block of wood on the deck, on which the carpenter used to work—when Rahmet Alli fell, his head fell against the edge of the main hatch, and his back on the block—the block was not quite a foot high—while Rahmet Alli was lying down, the prisoner stood over him, one foot on each side of him, and began to beat him with his fists, and to kick him—he hit him with his fists on both sides of his face, and kicked him with his foot on the sides and the chest—he hit him about eight or nine times, in the face—they were very hard blows—I did not keep account of how many times he kicked him; perhaps ten or twelve times—they were very violent kicks, so that he could not speak afterwards—the mate had boots on at the time, and while he was kicking him, Rahmet Alli was crying out, "He has killed me, he has killed me!"—I came down from the rigging after the beating was over; Jetoo was with me on the rigging, and he and I lifted up Rahmet Alli, and carried him to the forecastle, and a boy gave us some assistance—Rahmet Alli was not able to speak; he was quite in a helpless state—I next saw him in the evening—he was lying still in the forecastle, not speaking—Hegot the beating about two o'clock one day—the next day, past 2 o'clock, was one day; and the following morning, at 4 o'clock, he died—I did not see him die—I came in, and saw him dead—I examined his body—it was quite swollen—as he was entirely swollen, I could not easily distinguish any marks on his body—I observed his hips and sides—they were swollen, and there were some marks which were black—he was not a very dark man—not so dark as me—I am very dark—there were black marks on his hips, chest, sides, and face—they were bruises, not cuts
—I saw blood coming out of his nose after he was dead—when it was day-light, the captain gave orders, and we tied him up, and threw him into the sea—before this beating, he was in a healthy state, working in the tops—he had been accustomed to go aloft; he had messed with the Serang—he and I had slept in different places—I had associated with him—we were all together, coming from one country—he did no work after the beating—he remained lying in the forecastle all the time after the beating, till his death.
Cross-examined by MR. BALLANTINE. Q. Did not Rahmet Alli speak English on board the ship? A. No; I did not speak English on board—I never speak English—I know what the venereal disease is; I do not know it by the name of the black pox—I do not know that Rahmet Alli had that disease—on going on board the captain tried every person, and he had no disease—he had nothing the matter with his throat or his gums; he had very good teeth; he was a young man—the Serang is dead—he died in England, in the Docks—he did not die of that disease—the Serang never used to beat Rahmet Alli.
Q. Used the Serang to have a thick rope, that he kept fastened round his body, that he used to beat the men with? A. No; he only had a handker-chief round his loins—I did not wear anything round me—I never beat the men—we had not time to do anything on board the ship, hardly breathing time; I had no time to beat my comrades—they were not a lazy set; they were all clean—there were three white men on board, three boys, and the mates and captain—I do not reckon the cook and the carpenter amongst the sailors.
COURT. Q. When you saw Rahmet Alli on the same day of the beating, was he then insensible? A. Yes
SAPHAR ALLI (through an interpreter), I was a seaman, on board the Affghan. I remember Rahmet Alli and others being employed in pulling the main sheet—I was there pulling the rope—the prisoner was there on the deck with them—while we were pulling, the rope broke—the prisoner told Rahmet Alli to get another rope—Rahmet Alli did not understand English, and the prisoner beat him on his sides and chest—the first blow was in his face, and he fell down; he struck him with his fist—there was a block of wood on the deck—when Rahmet Alli fell, his head struck upon the edge of the main hatch; his hip fell on the log of wood—while he was lying, the prisoner beat him; he struck him with his hands and feet on the sides and on the chest—he did that violently—he had shoes on his feet—no one else struck Rahmet Alli at that time—I saw the Burr a Tindall there; he and others carried Rahmet Alli to the forecastle—I saw Rahmet Alli immediately after the beating in the forecastle—I saw him about eight or ten times before be died—his body was swollen before he died; it was not swollen before he was beaten—his body was all swollen, his sides, his hands, and his feet—I remember the first mate, Harrison, going in the forecastle while Rahmet Alli was there—Rahmet Alli could do no work after the beating—he remained in the forecastle from the time of the beating till his death—when I saw him in the forecastle he lay silently, he did not say anything at all—he died about two or three days afterwards—I did not keep an account of it—before he got this beating he was a good man: that is, he was healthy—he had always done his duty on board up to the day of the beating.
Cross-examined. Q. Did Harrison beat him with his fist and his feet? A. Yes; that was the day after the beating from the prisoner—I cannot speak English; I did not speak English on board—I only understand one or two words about the work—the Serang had not anything round his waist which he used to take off to beat the men with.
COURT. Q. What rope was it they were pulling? A. The main sheet; that is a rope which pulls the sail back—it was at that time a middling breeze.
ADJIM (Interpreted). I was a seaman on board the Affghan; I was second Tindall during the whole voyage. I remember Rahmet Alli, and others being employed in pulling the main sheet—I was coming down the rigging at the time—I saw the rope that they were pulling, break—I saw the prisoner there—I heard him tell Rahmet Alli in English to bring the main tack—Rahmet Alli could not speak English, he did not know any—I saw the prisoner beat him—the first blow was on the side of the head or face—he struck him with his band—I saw Rahmet Alli fall—-his head fell on the hatch, and his body fell on a log of wood—while he was down the prisoner was beating him with his bands and feet on the sides and face—he struck him hard—the prisoner had shoes on his feet at the time—Jetoo and Sumshere were there at the time, and they lifted Rahmet Alli up and took him away—Rahmet Alli was crying at the time the prisoner was beating—after the beating, I saw Rahmet Alli the same day in the forecastle—he was then quite helpless—he did not do any work after that—he had been in a good state of health up to the time of the beating.
Cross-examined. Q. Used the Serang to beat him? A. No; the Serang had not anything round his waist with which he could beat him.
MR. CAARTEEN. Q. Did you see where the Serang was at the time the prisoner was beating Rahmet Ali? A. He was forward—the rope was being polled at the main mast—he was in the forecastle.
DOWLUT (Interpreted). I was a seaman on board the Affghan. I saw the prisoner strike Rahmet Alli—I was working with Rahmet Alli at the time—when the prisoner was beating him, I heard him say, "I am dead"—I saw him into the forecastle; I went in the forecastle with him—I saw blood coming out of his mouth and his nose, both before and after he died—I saw blood coming from his mouth and nose when he was beaten on the deck, and after he was taken into the forecastle—I saw him after the beating, when we got leisure, but I cannot say how often—when I saw him he was lying, not able to speak or move—he did not do any work afterwards—he was well before the beating—I saw his body after his death—it was all swollen—it was not swollen before the beating.
Cross-examined. Q. Did the Burra Tindall wear a rope round his waist, with which he used to beat the men? A. No; he never wore such a rope—he never beat the men.
COURT. Q. Was Rahmet Alli's body stripped before he died? A. No; they stripped his clothes off, and washed him after he died—I did not see his bruises examined before he died—medicine was given him one day after the beating—he got a little warm water drinking afterwards, but he did not eat anything.
JETOO (Interpreted). I was a seaman on board the Affghan, I remember Rahmet Alli and others being set to pull the main sheet—I was with them at the time; I was pulling the rope, the rope broke—the second mate, the prisoner, was there; He told Rahmet Alli to get another rope—Rahmet Alli could not understand English—the prisoner beat him, and threw him down.
Q. Where did he beat him first? A. When we are busy in the ship doing our own business, we cannot observe precisely where a man is struck—I saw Rahmet Alli fall down—he was knocked down by the second mate—I saw his head come upon the hatch—while he was down I saw the prisoner strike and kick him—I heard Rahmet Alli say, "I am dead, I am dead!"—I did not hear
him say anything else—I saw him carried in the forecastle, I helped to carry him in—I saw him between the time of his being carried in the forecastle and his death—I was going in and out of the forecastle a number of times—from the time of his being carried in the forecastle till his death he was still, and did not move at all—he did not say anything—I was aloft at my work, and did not see his body after his death—I do not know whether the captain attended to him between the time of his beating and his death—he was a sick man—I saw the captain going in, because there were three or four sick men; I cannot say who he went to—I saw medicine given to Rahmet Alli once—before the beating he was doing his work aloft—I never knew him to have any medicine from the captain before the beating—he had not had the venereal disease—we were twenty-one months together; it is not true—he and I sometimes slept in the same part of the ship, and sometimes we slept in different parts, where we could—we were intimate during the voyage—we went from Calcutta to Hong Kong; from Hong Kong to Amoy, and came back from Amoy to Shang Hai—I and some more men were taken before the British Consul at Shang Hai, and we were all ordered to be imprisoned, all the coloured men—there were twelve men, Lascars; we were so beaten that some ran away—we were taken before the British Consul, and imprisoned for a month, and we were then sent on board under a guard—they took us on board with handcuffs on—the captain brought us.
Q. Had the Burra Tindall a rope round his waist? A. Yes; I have a piece to keep up my clothes—he had a rope a little thicker than this is—it had not a knot in it—I did not see him beat the men with it—when the captain ordered him to beat the men, he took of a rope from the side of the ship and beat them—I do not mean the Serang, I mean the captain—the Serang never ordered them to be beaten—I have seen the Burra Tindall beat them when the captain ordered him—I do not know whether that was often—I did not keep an account of it—he sometimes beat them—he did not beat one or other of them every day.
MR. CAARTEEN. Q. Were you one of those who ran away from the ship? A. Yes; because the mates were bad men—the captain was a bad man—our very lives were going with bad treatment—we ran away at Shang Hai.
Cross-examined. Q. Had you got any portion of your wages paid before you left Calcutta. A. We got two months' pay in Calcutta.
COURT. Q. How long was it from the time you left Calcutta till you ran away? A. About four or five months.
HAKIM ALLI (Interpreted). I was a seaman on board the Affghan. I remember the time when Rahmet Alli, and others, were employed in pulling the main sheet—I was at that time in the maintop—I saw the rope break—I heard the prisoner tell Rahmet Alli to bring another rope—Rahmet Alli did not understand English—I saw the prisoner strike him—I saw him knocked down by the prisoner—I afterwards saw the Burra Tindall take him in the forecastle—while he was being beaten, I heard him say, "I am dead; why are you beating me? I don't understand English; why are you beating me? I am dead"—I saw him after he was in the forecastle, before his death—he was ill—he did not say anything to me after the beating—I did not hear him say anything—he never did any work after the beating—up to the time of this beating he was doing his work quite well.
Cross-examined. Q. What wages were you to be paid for this voyage to England? A. We were to get two months wages when we got to China. and if we were willing to go to England we were to have two months more—if not willing to go to England, we were to be sent back to Calcutta—we did
not get more than the two months wages, but we continued our voyage because they put us in gaol and forced us—that was done by the captain—we got much besting, and eleven men ran away—we were not put in gaol for that—we asked for our pay, and they put us in gaol—we were taken before a Judge or a Magistrate—some money was to be paid to our families at Calcutta—those who had families got tickets, and the amount was to be paid—we signed articles.
MR. CAARTEEN. Q. What were your wages? A. My wages were twelve rupees a month—a rupee is worth about 2s.—they gave us our food on board—we usually got rice, and doll, and ghee, and fish, salt meat, biscuit, tea. sugar, vinegar, and lime juice.
COURT. Q. Could the prisoner speak your language? A. No.
Q. Having heard that Rahmet Alli was knocked down, his head coming against the hatchway, and his back against the log of wood with violence, in your opinion could those causes produce injury sufficient to cause death? A. If be were in perfect health previous to those injuries I should say it would—I mean to say that I think a person in perfect health might be killed in that way—I think concussion might be produced by his head coming in contact with the hatchway, and, supposing he had been otherwise diseased, concussion might have been produced by that, as well as if be were in perfect health—his back coming against a log of wood in the fall might have caused a rupture of the internal viscera.
Q. Supposing concussion of the brain had taken place, how long might a person live afterwards? A. That is not positively ascertained—twenty-four hours, forty-eight hours, or longer, and, supposing there had been a rupture, it would depend upon the rupture whether it would have accelerated his death.
COURT. Q. Suppose the lungs or liver had been ruptured, might he live some time afterwards. A. A little time—perhaps forty-eight hours.
Mr. CAARTEEN. Q. You have heard questions asked as to whether this man had been labouring under a certain disease—suppose he had been to such an extent as that his mouth had rotted, would he have been capable of doing the ordinary duty on board a ship? A. That I am not able to say.
Cross-examined. Q. Any blow might cause an injury dangerous to life? A. Yes; or any fall, or a shaking of the brain—blotches might arise from poverty of blood—I believe these people are not very clean—change from climate to climate would cause death in some cases. I cannot tell how long this person had the scurvy.
MR. CAARTEEN. Q. I suppose men have died from one disease we have heard of, and from scurvy, also. A. Yes, from both—supposing a man's death had been caused by scurvy, he would be obliged to knock off duty for some time.
COURT. Q. Supposing concussion of the brain to follow the blow, what would be the symptom? A. Insensibility; but it may not take place for some hours—I don't think a man saying, "I am dead, I am dead; what are you beating me for?" would prevent its being a concussion—the body swells in the lifetime from scurvy—I am not able to tell whether in case of death from scurvy swelling would come on after death—supposing an internal rupture of the lungs or liver to have taken place that would not cause any swelling after death—supposing the body to be saturated with mercury that would cause a swelling before death, not afterwards—some bodies swell more than others after death; but that is after some little while—I cannot account
for the swelling of the body in this case—scurvy would be more or less local not all over the body—it would be in the arms or legs.
Witnesses for the Defence.
ROBERT GLAISTER SHARP . I was master of the ship Affghan, and I have been so about sixteen months and a half; I have been sixteen or seventeen years master of a ship, and before that I filled a subordinate capacity. The ship Affghan went from Liverpool to Calcutta—when I got there I was short of hands, several of my men left me—I was obliged to hire other hands; I hired twenty-four Lascars—I saw the whole of them sign these articles—from Calcutta I went to Singapore and Hong Kong—twelve of the Lascars deserted in Shang Hai—it is a common thing for these men to desert in Shanghai; wages there are very high, and sailors difficult to obtain, so that they often desert—the other men did not desert; I set a watch to prevent them from deserting—I believe the whole of them made attempts to desert—I am not aware that there had been any ill treatment of any of these men up to that time—when I found these men attempted to desert, I made application to the British Consul—I made a complaint to him, and the matter was investigated; my complaint was heard, and their answer; and the result was they were put in prison till the ship was ready to sail, and they were sent on board under a guard—the chief officer kept the log, but I kept the official log—these men behaved pretty well; they are very active in warm weather, but slothful in cold weather—a person came on board, called the Serang; he joined at Calcutta—he had the management of the coloured men—he was one of the twelve who were put in prison—there was another man, called Sumshere, the Burra Tindall—he generally carried a piece of rope round his waist, with a knot to it, to start the men an end when they were lazy, and there was any particular work to do—I have seen him do that frequently; I have occasionally told him to do it—the orders are generally given through the Serang; I have sometimes given orders to the Serang, and sometimes to the Burra Tindall—I have never committed any act of violence to them; I state that on my deliberate oath—I knew the deceased; he was ill about six days before he died—I saw him from time to time during the whole of that time up to the time of his death—I really cannot say what was the matter with him—I was under the impression that he was labouring under secondary symptoms of the venereal disease; his mouth was sore, and the whole of his head was swollen—there were no marks about him that I saw—he was sensible up to his death, at least, up to the evening before his death—he died in the middle watch, on 8th Feb., 15° 20' N. latitude, and 33° 20' W. longitude; it was very wet—I have an entry of the whole (reading:—"On 2nd July, Rahmet Alli and two others sick; at their own request, gave them a dose of castor oil. (There is a difficulty about getting these men to take medicine, I have had to force them to it; my intention was to give them a dose of salts, but they requested to have castor oil.) On the 3rd, the above men complaining of pains all over, T gave them soap liniment and a dose of salts: on the 4th, they still complaining, ordered them to bathe their feet in hot salt water, they declining to take medicine; on the 5th, the above men sick, gave them soap liniment; on the 6th, the above men sick, gave them a dose of castor oil; on the 7th, two of the men a little better. Rahmet Alli came aft to see if the master could do anything for him; his head was much swollen—gave him a dose of castor oil and vinegar. On 8th Feb., 2 a.m., Rahmet Alli, Lascar seaman, was found dead on deck; the Serang reported that he got up to go on deck, and on returning he fell down dead at the forecastle door; he had lost no flesh; he looked as full of flesh as when alive. He was interred by
his own shipmates, according to their own religion.") Those entries were all made at the time—there was a complaint made to me about two days before this man died; the man himself complained that the chief officer, and also the second officer, had ill used him—I made inquiries into it at the time—I am quite sure that the man himself came and complained to me, and I called the Burra Tindall and investigated the matter—the Burra Tindall I used as an interpreter; he understood the English language perfectly, and could speak it perfectly—I was particular in Calcutta. I requested the shipper of these men to ship me a Tindall that understood the English language, as my officers did not understand the Bengalee.
COURT. Q. I see these entries are signed by Harrison; did you make them? A. Yes, and he signed them; that is necessary, according to the Act of Parliament.
MR. BALLANTINE. Q. Did you know of any blows being struck to the deceased by the defendant? A. Certainly not; the complaint was that he knocked him down, and afterwards flogged him with a small rope—that was the complaint made by the deceased himself two days before his death, and that I investigated—he was not at that time in a state of insensibility—I did not examine his body after that complaint—he complained of his head; I examined his head to see, and there were no marks of violence—I called the carpenter and chief officer to see—I do not know whether the carpenter is gone to Australia; he is gone away—I have lost sight of him—three other seamen were before the Magistrate—they have all gone away to Wales or to Liverpool; I have lost sight of them—I shipped the defendant at Liverpool—I made him second officer on leaving Shang Hai entirely on account of his good conduct—he was a humane and well conducted person, as far as I saw; in fact, I was very much pleased with him, and though this complaint was made, I still consider him a well conducted man—I am charged with an assault on the Serang—he is dead—after the death of this man I examined his person—I arrived at Gravesend on 13th March; on the 15th, these men came in a body and made application for their discharge—I did not discharge them—the Burra Tindall left that moment; he left without being discharged, and there was a complaint made against my first and second officers—I attended at the police court on the examination of this man—we were nine days in port before the charge was made against me—the charge was made against the prisoner on Tuesday, 15th March, about seven days before they made the charge against me—on Tuesday I declined discharging these men; Sumshere went away directly, and in the evening the charge was made against this man, and seven days afterwards 1 was charged.
COURT. Q. Was it in your own person you refused to give them their discharge. A. Yes
Cross-examined by MR. CAARTEEN. Q. It was on 2nd Feb. you first gave the deceased man medicine? A. It was; be came up to the front of the poop when I gave it—that is my quarters—I believe I gave him castor oil that day—I saw him the next day, the 3rd—he was then aft—my order was for them to come aft when they wanted medicine—I believe I then gave him salts—I saw him again on the 4th; I think I then gave him soap liniment—on the 5th I saw him aft; I gave him then some soap liniment—he died on the 8th—I saw him at 6 o'clock the evening before—he was then lying down on the forecastle—I think 1 saw him on the forecastle on the 7th—I saw him at 6 o'clock in the evening on 6th Feb., he was lying on the top gallant forecastle on the upper deck, not in the forecastle—he complained of a sore mouth—he had not done his duty on the 6th—he was never in the
forecastle except in the nights—I saw him on the 7th, on the top gallant forecastle—sometimes in one part, and sometimes another—he generally kept out of the way of the sun—he was laying at full length with a jacket under his head, his head was very much swollen, and his mouth sore—I think it was on the 6th that he made a complaint that he had been knocked down by the second mate—that was two days before he died—he came aft on the poop to make that complaint—I know nothing of the main sheet rope breaking—I believe castor oil and soap liniment were the only things I gave him—I may have given him salts, I did not give him any blue pills.
JURY. Q. The soap liniment was an embrocation, not to take? A. No; for his arms.
MR. CAARTEEN. Q. Did you ever say the man had the venereal disease, and you bad given him blue pills? A. That was not the deceased, but another man—there was a complaint made that the chief mate had struck the deceased; that was on the same day—there was no complaint made that the second mate had struck any other man—I remember saying before the Magistrate that there was a complaint against him that he had struck a man with a rope; that was the complaint of the deceased two days previous to his death—there were two or three European sailors before the Magistrate—I have three apprentices on board, George Calvert, and two others, I do not remember their names—one boy is named Sanderson, and there are two others—they are not gone to Australia. or Liverpool, or Wales—I am not aware that either of them are here to-day—they are on board the ship, I believe—the last time I saw Sanderson was four or five days ago—one of the other two I have not seen for some time, and the other I saw yesterday—Sanderson never made a complaint to me for having assaulted him—I bare never heard that he has made a complaint of my having assaulted him—I had a dog on board the vessel—I never set the dog at any of the coloured men—very likey he may have bitten some of them, but I often prevented him—the men used to ropesend the dog, and the dog took a hatred to them—I believe Harrison is here to-day—I struck him—that case was investigated in Shang Hai—I struck him in Shang Hai—I struck him on the head in my cabin—I did not strike him on the head with the butt end of a pistol—if he has ever said I struck him on the head with the butt end of a pistol, it is false; I struck him with my fist—the man on whose account I was charged for the assault, was the Serang—he is dead—he never complained at all that I had assaulted him, he never made any charge that I am aware of; he was not examined before the Magistrate, he died on board—Sumsbere made the charge against me respecting the assault on the Serang—I do not know that there was an examination made after death on the body of the Serang—I beard that there had been—I heard that there was a blow on one side of his head discovered after his death—I heard that there was a great effusion of blood on the brain, but I never saw it—I arrived at Gravesend on 13th March, and arrived in the London Dock the same day, late in the afternoon—Harrison was taken on Tuesday evening—the police sergeant came on board to take the statement of the Lascars, that was on the 15th.
MR. BALLANTINE. Q. What was this of Mr. Harrison? A. He had been speaking very disrespectfully of me and my wife—she was confined, and I called him in, expecting he would apologize to me—instead of that, he was very insolent, and I took him and knocked him down—I have known him eighteen years, and I never was so disappointed in any man as in him—I never set my dog on any one—there was never a charge of it against me—there was a charge for assault on the Serang, and that was mentioned—I
never did set the dog at any one; on my conscience, I never did—I am not aware that these apprentices knew anything about the matter.
COURT. Q. Why is the complaint not entered in the log; yousay there was a complaint made by the deceased of his having been struck? A. I did not think it necessary to make an entry, it being a trivial thing—I investigated it, and told my officers they were nut to ill-use these men—this was in Feb. this year, since I left St. Helena—it is entered in this log, Feb. 1852; that must be a mistake—we left Chusan about 1st Nov.—nothing occurrred from Oct. to Feb.—this is not a log-book from day to day—I have one at borne that is—this I kept merely for offences and sickness.
HENRY HARRISON . I went out from England in this ship—I was at Shang Hai—the Lascars deserted there—I recollect Rahmet Alli being taken 31; I cannot exactly say when it was—I had nothing to do with the official log—I signed it some time afterwards, not from day to day—I remember Rahmet Alli being ill before he died—I saw him from day to day till his death—he was on deck the day before ha died—he was able to speak, and was moving about the deck—I did not see any violence used to him by the prisoner—I did not go into his cabin, and meet him there, and kick him; I never used any violence to him—I never struck him at all—the Burra Tindall always carried a rope to beat the people with—it was inch rope, about as thick as your finger, with a knot at one end of it—he did not use it to tie his waist up, but to beat the Lascars with; that really is so.
Cross-examined. Q. I see your name inscribed to various entries in this book; when didyousign it? A. I do not know the date—I do not know the use of my signature to these entries—die book is filled up, and it is given to me to sign—I signed my name to all these entries at sea—I cannot tell how often I signed this book—I signed these entries, Oct 28th and Oct. 29th, on the day they bear date—I believe I have signed my name to two or three entries at once—I do not suppose I signed every entry on the day in which it bears date, but when I was asked to sign it—I know what is written in the book is correct, because I read it over before I signed it every time—I am aware of my own knowledge of the truth of every one of these circumstances—I was not present at every dose of medicine administered by the captain during the voyage.
Q. Do you know anything of these entries, or a great majority of them, except as you have been told by the captain? A. I know it was correct—of course I do not mean that I saw everything that was done to which I have put my name here—the captain assaulted me once; he struck me on the head; I cannot tell with what, but he felled me down in the first instance—he had something in his hand, but what he bad I do not know—I said I thought it was the butt end of a pistol, but what ft was I do not know; I am sure he had something—I was senseless when I was first knocked down—I suppose I recovered my senses in ten or fifteen minutes, and he was beating and kicking me—the cause of his knocking me down was, he called me a d—d fool; I told him I was no more fool than he was—I had never said anything about his wife.
MR. BALLANTINE. Q. There was something about his wire? A. No that was after that case.
COURT. Q. Do you remember the dead man making any complaint against the officers? A. No; I was told of it—he went to complain to the captain, and he kicked him down the poop, and ordered him to go to his duty.
MR. BALLANTINE. Q. You have not been contriving with the captain to
tell a falsehood to-day? A. No; I have never spoken to him since the time he struck me.
Prisoner. I never touched the man with my shoes; I had got no shoes it was fourteen days after the rope broke that the man died.
GUILTY. Aged 28.—Recommended to mercy by the Jury, on account of his youth, and the good character which the captain gave him. — Confined Three Months.
THIRD COURT.—Friday, April 7th, 1853.
PRESENT—Mr. Ald. COPELAND; Sir JAMES DUKE, Bart., Ald.; Mr. Ald. HUNTER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Eighth Jury.
510. EDWARD HARDING BERKLEY, ROBERT MARLEY , and ROBERT INGLIS , burglariously breaking and entering the dwelling house of Sarah Davis, and stealing therein 17 pairs of trowsers, 3 shirts, 6 pairs of stockings, and other articles, value 9l. 18s., her property; Marley having been before convicted: to which
MARLEY pleaded GUILTY . Aged 36.— Transported for Seven Years.
MR. THOMPSON conducted the Prosecution.
SARAH DAVIS . I am a widow, and live at No. 1, Baldwin's-gardens I keep a new and second-hand clothes' shop—I rent the whole house, but let a part of it—there is a passage between the shop and the other part of the house, communicating with the shop by a private door—the lodgers do not have to go through the shop to their rooms—it is my dwelling house, and is in the parish of St. Andrew, Holborn—I have a separate door into my shop, besides the door from the shop into the passage—I can go from my shop into the street or into the passage—I always lock the passage door before I go to bed—the street door is always locked at night—I have two lodgers; one is Smith's wife, and the other only came last Monday—Berkley lodged with me seven weeks, up to the time of the robbery—he had only been a week in my place when I gave him notice to go out, but he would not go—the lodgers have no business to go through my shop—on 15th March I went to bed about half past 9 o'clock—I left the shop door locked, but the lodgers have keys of the street door, and let themselves in and out—I lock my door with a patent lock; it locks twice—when I went up to bed I locked the door from the shop into the passage—between 2 and half past 2 o'clock I was called up, and found some of my property lying in the passage—I missed seventeen pairs of trowsers, some coats, shirts, stockings, and socks.
Cross-examined by MR. COOPER. Q. Berkley was lodging at your house then? A. Yes
JAMES HEWSON (policeman, G 253). On the morning of 16th March I was on duty in Baldwin's-gardens, and saw Marley and Inglis loitering about—they went up to the door of Mrs. Davis's house, and stood there for a minute or a minute and a half, talking to each other—I had seen Marley before—I went up to them, and they both walked away—I put my hand against the street door, and found it was unfastened—that is the door leading from the passage to the street—I found there was somebody pressing against it inside—I shoved very hard, and said, "Halloo! who is here?"—Berkley
said, "All right, Governor"—I knew his voice, and said, "Do you live here?"—he said, "Yes, my name is Berkley"—he came up to the door, and I knew him—I knew that he lived there when I saw him—I had shoved the door open, and he stood in the passage—knowing that he lived there, I walked away—about half an hour afterwards I came round again, put my hand to the door, and found it still open—knowing that Berkley had shut it after me I turned my lamp on, and saw five pairs of trowsers and two coats lying in the passage—I stood there till another constable came up, then went in further, and found the door leading from the shop into the passage was broken open—I then called up Mrs. Davis—she came down, and accused Berkley directly—I went up stairs into Berkley's bedroom, and found him in bed—I asked him how long he had been in bed—he said ever since just after 12 o'clock—it was then about half past 2 o'clock; and when I saw him in the passage, on the first occasion, it was about 2 o'clock—I said he had not been in bed ever since 12 o'clock, and that I had seen him in the passage about half an hour previously, and told him he was charged with being concerned, with others, in breaking into Mrs. Davis's shop—he said he was nowhere near the place at the time—I told him he must get up and go with me to the station—he got up, and I took him into custody.
Cross-examined. Q. You had never seen Inglis before? A. No.
COURT. Q. The first time you went in, hadyoua light? A. No; I observed nothing in the passage then, as it was very dark—the second time I went I had a lamp.
JOHN PORTER (policeman, G 101.) I went to No. 1, Garden-court, between 3 and 4 o'clock; that is about 150 yards from Mrs. Davis's—I went to the first floor front room, and found the prisoner Marley there in bed, with his trowsers, stockings, and waistcoat on—I found nothing there—I left a police sergeant there, went into a back room on the same floor, and found Inglis in bed with all his clothes on, except his coat; he had his boots on—I told him I took him for being concerned, with another, in committing a burglary at No. 1, Baldwin's-gardens—he said be knew nothing at all of it—I found in the room twelve pairs of trowsers and three coats, tied up in this shawl (produced)—they were at the side of the bed in which Inglis was—he was there when I found them—I made no remark to him about them, and he said nothing about them—I took him to the station, searched Mm, and found this pair of socks (produced) in his pocket—I held them up to Mrs. Davis, and she identified them—Inglis said they Were not hers, they were his, and be could bring people to prove it.
Cross-examined. Q. Had Marley his boots on? A. No; he had on his trowsers, stockings, and waistcoat—the bundle was close to the side of the bed Inglis was sleeping on; it was a low open bedstead—I should think he was asleep when I went in, from his appearance—he was sober—I was present before the Magistrate when the prisoners were there—I have heard Marley say he was the only person who did it.
JANE MANDERSON . I am the wife of Robert Manderson, and live at Mrs. Davis's house, on the second floor; Berkley occupies the third floor. On 16th March, between 12 and 1 o'clock, I heard Berkley come in and go up stairs to his room—he has a wife; I heard him speak to her—he was not there a great while before I heard somebody whistle outside (there are no back rooms to the house)—I then heard some one take their shoes off in Berkley's room, and then some one, who I suppose was Berkley, came down stairs without shoes—I distinctly heard him throw two shoes down as he took them off—I then heard nothing for a little while, but afterwards I heard a great noise at
the bottom of the stairs, and then I heard the bell ring, which is behind Mrs. Davis's door, at the bottom of the stairs, and which goes into the shop from the passage—the bell is inside the shop—I then heard a policeman speak to somebody at the door; that was not very long after the bell rang—I heard the policeman say, "Who is there?"—the man said his name was Berkley, and he lived up stairs—I did not hear anything for some time, and then I heard somebody down stairs, and I knocked for Mrs. Davis, and said I was afraid it was not all right down stairs—I do not exactly know these socks, but I have mended a great many pairs for Mrs. Davis, and I might have mended these.
JURY. Q. Were you permitted to pass through the shop on any occasion? A. No, I used the private door.
SARAH DAVIS re-examined. These socks are mine—I lost a great many more besides—I know them, because Mrs. Manderson darned them for me—these clothes are all mine; this is my private mark on them—they are every one marked.
Cross-examined. Q. What do you speak to the socks by? A. By my giving them to Mrs. Manderson to darn—there is no mark on them.
MR. COOPER called
ROBERT MARLEY the prisoner). I have pleaded guilty to this offence—I know Inglis by having seen him in a public house on the night in question—he had no more to do with this robbery than any gentleman in the Court—I put the bundle in his room, because it was the room I generally sleep in; and without wanting him to know what I was about, I laid it down at the side of the bed—I did not wish him to know anything about the robbery; and he did not know anything about it—I suppose he was asleep when I committed the robbery; he had parted from me, and was on my bed—I stated that before the Magistrate, and I swear that what I now say is true.
Cross-examined by MR. THOMPSON. Q. I believe you have been previously convicted of felony at this Court? A. I have.
COURT. Q. What time was it you met Inglis? A. About the time of shutting up the public house, a little after 12 o'clock—I met him at the corner of Gardon-court, where I reside—I should say that is somewhere about 120 yards from Mrs. Davis's—I knew very little of him before—I had not an opportunity of knowing him long; I had not long been at the place—he did not live at the same place with me, but he said he was too late to go home, and I told him he could go and lie down on my bed if he wished—it was not my lodging, it is a lodging house—the woman who owns the room has a son, and I live with him—I sleep there every night—Inglis has never slept there before to my knowledge, or if he has, it is not more than once—I do not know where he lived—I told him about a quarter past 12 o'clock that he might lie down in my bed—we went to the lodging together when I met him, and I went up into my room with him—he had not been walking about with me before that—he was not at Mrs. Davis's door with me—the woman who owns the lodging has two rooms—she was not in the same room—the son lives in one room with me, and the woman in the front room, but there is only one entrance—you have to go through one room into the other—I went up with Inglis, and told him he could lie down if he liked; but I did not take particular notice whether he went to bed or not—I went away and left him—my fellow-lodger was not there—I never went to sleep at all that night—the policeman did not take me in bed; I was sitting up in the front room when he came—it was the back room where Inglis went to bed—the woman was in the front room when I was there—she is not here.
JURY. Q. You usually occupied the bed slept in by Inglis? A. Yes; be could not have slept there previously without my knowing it.
ROSANNA DIX . I am the wife of an engineer. I have for a long time past washed the prisoner (Inglis's) linen, and have mended it when necessary—he wears socks; they are very old' ones, and are made of cotton—as I washed them each week I used to mend them if they required it—I had mended his socks on the Sunday before he was taken—my husband has been in his present situation nine months, before that he was out of work for some time—those socks which have been produced are what I mended—I have brought some of the same darning cotton I mended them with, and this is it (produced), and here is another of Inglis's socks which I have brought with me, which I have had to mend—I will swear it to be my own work—he does not lodge at my house—I live in Union-street, and do the work for his landlady.
Cross-examined. Q. Have you mended socks often for him? A. Yes; I do not know whether these fit him—they are all three odd ones—this piece (pointing it out) was put in by me, which makes one sock longer than the other—I put it in about two months ago—I can work a great deal better than this, but I did not think the socks were worth it—this other sock is mended much better—I work better sometimes than at other times—I did not finish mending the whole of this one, because somebody came for it—I mended all these places—my husband is here; I know the prisoner (Inglis) through him—my husband knows him by coming backwards and forwards for his washing—I do not know where Inglis lives; I was never there—I only know his landlady by sight—I never saw her till she came here the day before yesterday—I do not work for her; it is for my own landlady that I work—I do not take Inglis's washing home—he lives somewhere in the Blackfriars-road.
JESSICA BUCHANAN . My husband is a printer. Inglis hat been lodging at our house for ten months—I believe him to be honest—he keeps good hours, generally speaking—I never heard anything against him in my life—it is about half a mile from my house to Union-street.
Cross-examined. Q. What house do you keep? A. No. 11, Russell street—Inglis is not married that I am aware of—he had a key of our street door—I do not know who washed for him—I know nothing about his linen—he is a printer and pressman, in Fleet-street—I know that he wore socks by seeing them rolled up in his cupboard, when I have gone to it—another young man, a compositor, lives in the room with him—Inglis may have stopped out once or twice of a night and I not know it, as he had a key.
MR. COOPER. Q. You had that confidence in him that he had the key? A. Yes; printers come home at all hours of the night.
MR. THOMPSON called
JOHN PORTER (policeman), re-examined. I saw Inglis before 2 o'clock in the morning in a public house, of the sign of The Old Fish, Baldwiu's gardens; it was on the night of the 15th—he was with Berkley, Marley, and several others—they were all drinking in front of the bar—that is close by where I took Marley and Inglis—a woman named Jackson keeps the house—Marley was in bed with a woman in the first-floor front room when I took him.
COURT. Q. How many rooms are there on a floor? A. Two; you have to go through the front room to get into where Inglis was—you do not go by the room where Inglis was to get to where Marley was
ALFRED GREEN (City policeman, 376). I know Inglis and Marley—I have seen them in company—I saw all three prisoners together about a fortnight previous to this robbery, and had occasion to follow Inglis.
Cross-examined. Q. Had you ever seen them together besides then? A. On two or three occasions when I was watching Inglis—there is no other charge against Inglis that I know of.
BERKLEY— GUILTY . Aged 20.
INGLIS— GUILTY . Aged 20.
(Berkley was further charged with having been before convicted.)
JOHN GUNN (policeman, G 8). I was present when Berkley was convicted, and produce the certificate—he is the person mentioned in it (read—Central Criminal Court, Edward Berkley, Convicted Aug. 1850, on his own confession; confined four months); be is the same person.
BERKLEY—GUILTY. Transported for Seven Years.
Inglis received a good character.—Recommended to mercy by the Jury.—INGLIS— Confined Twelve Months.
511. ELIZABETH HODGES , feloniously throwing upon Edward Poitiers 6 drachms of fluid, called diluted sulphuric acid, with intent to burn him.—2nd COUNT, with intent to do him some grievous bodily harm.
MR. LILLEY conducted the Prosecution.
EDWARD POITIERS . I live at No. 59, Whittlebury-street, Euston-square, and am at present living on my means The prisoner formerly lived under my protection—we separated in the early part or middle of Jan. last—on the night of 7th March, I was at the Scotch Supper-rooms in company with a female—the prisoner came in a few minutes before 12 o'clock—after seeing that I was there she left very quickly, and did not return—I apprehended violence from her, and not wishing to subject the young lady with me to violence, went down stairs, put her into a Hansom's cab which was drawn up at the door, and immediately got in myself—I saw the prisoner standing by the door of the rooms, between the cab and the door; I kept my eye on her, and as the cabman was about to start the cab, she rushed forward and threw the contents of a phial into the cab—I placed myself before the lady to protect her or her dress—as I saw the glitter of the phial, I put up my bands to cover my face, and the contents of it went on my gloves and on my cost sleeves, and a trifle on my face—the colour was entirely taken out of my gloves and coat—I was burnt a little on my throat and forehead, and felt a slight tingling sensation; the skin subsequently peeled off—I threw open the cab doors, seized the prisoner, and shouted for the police—I charged her on the spot with throwing corrosive liquid over me; 1 do not recollect clearly what she answered—there was a great crowd and a din of voices.
Cross-examined by MR. PLATT. Q. How long had you lived with her altogether? A. About five or six months; during the whole of that time I had reason to believe that she was attached to me, and very fond of me—the lady who was with me on this occasion was dressed in a blue silk dress; I had promised to give the prisoner a dress of that very colour as a present, but we separated before I gave it her—the lady's dress was new, or nearly so—the lady was with me when the prisoner came into the supper rooms, and the prisoner could see quite plainly how she was dressed—the lady got into the cab first; I followed as quickly as I possibly could, and am positive she said nothing to the prisoner, nor did she, by any movement of her features, express anything unpleasant—I saw nothing in the shape of a blow or push from the lady to the prisoner—a very small portion of the liquid came over me, the phial having a very small neck; perhaps a tablespoonful, not more—the main body remained in the phial, owing to the smallness of the neck—I do not prosecute her by my own wish.
MR. LILLEY. Q. You said you believed the prisoner was fond of you;
until when? A. Until a few days before we separated—there was a special cause for our separating—it was this: she would not attend to my instructions; she went out to intercept a certain letter, I having told her that if she did so she should not stop a day longer in my room.
JOSEPH GILES BARBER (policeman, C 59). On 8th March, about half past 12 o'clock in the evening, I took the prisoner—she was given in my charge by the prosecutor—a person followed us to the station, brought a phial, and said, in the prisoner's presence, that he saw her drop it—this is it (produced)—the prisoner said it contained vitriol.
NATHANIEL BRADFORD PIERPOINT . I am a surgeon, and live at No. 23, Little Pulteney-street, Golden-square. On Monday, 7th March, the prisoner came to my shop to purchase some oil of vitriol—I asked her if she was aware it was poison, and for what purpose she wanted it—she said she did not know it was poison, but wanted it for the purpose of cleaning a fender she had purchased, to get the rust off—I supplied her with six drachms of diluted sulphuric acid—I said, "I will write on the label, 'Vitriol—poison;' be careful of it, because if it is taken it will injure any person, or if it is thrown on anybody it will injure them;" I did not mean thrown, I meant spilt—I cannot say that this produced is the phial, but the label is the same that I put on, and this phial would contain that quantity—I examined it at the police court, and there was a very slight portion of liquid remaining in it, which I ascertained to be an acid, and I should imagine it to be diluted sulphuric acid—the burns on these gloves would arise from the sprinkling of diluted sulphuric acid upon them—almost any acid would produce them.
JURY to EDWARD POITIERS. Q. Should you have caught the effects of the liquid, if you had not stepped forward to save the lady? A. had not stepped forward, I do not think I should.
NOT GUILTY .
NOT GUILTY .
MR. PARRY conducted the Prosecution,
OLIVIA SMITH . I am the wife of Jeremiah Smith, of No, 4, Apple-yard, Seward-street, Goswell-street; he works at an iron foundry. The prisoner lived in the same house that I did six months—a man used to live with her until Saturday, 5th March; they lived as man and wife, but I am certain he was not her husband—when she first came her habits were very sober and quiet; afterwards, she slowly took to drinking, and followed it up very strongly—for about ten days prior to this matter she had been getting intoxicated almost every day—that was after the man had left her; she was getting tipsy when he left her, but she got worse afterwards—on Friday mowing, 11th March, a knock came to my door; I opened it, and saw the prisoner standing before me with her child in her arms—it was about half past 10 o'clock—she did not speak—the child's face was very dirty; it seemed as if it had been rubbing its hands over its face—J have heard the prisoner say it is fourteen months old—finding she did not speak, I looked at the child and saw blood on its neck, and then I looked and saw a wound on its throat—I said, "Whatever have you done? you have cut your child's throat!"—she did not answer me—I took the child into my own room, and locked the door—the prisoner got hold of the handle of the door, shook it very much, and
said, "Give me my child! give me my child!"—in a minute or two I went to the door with the child in my arms, called the neighbours in, and at that moment a policeman came up, and I told him the prisoner had cut the child's throat—she was still in the passage—I gave the child up to some one else—I heard the prisoner say at the station house that she intended to destroy herself and the child too—she was drunk.
Cross-examined by MR. DEARSLEY. Q. Who was the man she lived with? A. A man named Higgins, a jobbing bricklayer; he supported her—she always appeared very fond of the little boy; she used to nurse him a great deal—she seemed a superior kind of woman, who had been better to do—I had often seen her kiss the child, and she kept him remarkably clean—when she was in distress about the man leaving her, she used to cry a good deal—I fancied she was not in her right senses—she would hug the child, and exclaim against the man leaving her—she always took it with her when she went out, and seemed quite distressed.
WILLIAM HAINES (police sergeant, A 400). I was called, went to the house, and found the prisoner in the passage, and the child in Mrs. Smith's arms—Mrs. Smith exclaimed, "Take her away, she has cut her child's throat!"—I examined the child's neck, and saw a wound about an inch long, fresh done, and there was blood on the neck—I asked her what she did it with; she said with a knife, and that she had done it through distress and want, as her husband had left her—she said that she also attempted to cut her own throat—I afterwards went to her room with another constable, and found this knife (produced)—there was blood in one corner of the room on the floor.
LEWIS HICHIN ARCHER . I am house surgeon to St. Bartholomews Hospital. Green brought the child to me—I found a very slight wound on its throat, about an inch and a half long, which might have been done with this knife—it was never in danger, but it is a very unhealthy child.
GUILTY of unlawfully wounding. Aged 39.—Recommended to mercy by the
Jury.— Confined Six Months.
Before Mr. Recorder.
MR. BALLANTINE conducted the Prosecution.
THOMAS MADDOX . I am in the employ of the Eastern Counties Railway Company, at Stratford. On 26th of March I was cleaning the engines in the round engine shed at Stratford—I came out of the shed about a quarter after 8 o'clock in the evening—when I came out I met Barker with three of the tubes on his shoulder—he was coming in a direction from the coppersmith's—I was not half a yard away from him—I said to him, "Halloo!"—he must have heard me, but he never answered me—he went on, and I went another way round the shed, and came to a place where I found half-a-dozen tubes reared up against the shed that was in the direction in which Barker had gone—I did not see Barker again till they brought him into the shed.
Cross-examined by MR. SLEIGH. Q. Was any one with you? A. Yes; Purkiss, the other cleaner—I was about half a yard from Barker when I called "Halloo!"—he went on in one direction, and I in another—I did not stop to have any conversation with him—I had no previous knowledge of him—I never saw him before—I went round the shed one way and he went another—I found the tubes on the other side, and the shed is very close to the line—I have sometimes seen the workmen walk on the line—a person could get along the line to the station—it was dark—it was about half an hour before the up-train reached Stratford—it was about 150 yards from Stratford station.
STEPHEN PURKISS . I am a labourer, in the employ of the Eastern Counties Railway. On that Saturday evening, about a quarter past eight, I came out of the engine-house with the last witness—I saw Barker coming across the yard—I had not known him before—I have no doubt at all that he is the man—he had three brass tubes on his shoulder—I called out to him, and said, "Halloo, mate, what is up?"—he made no answer, but went on with the tubes on his shoulder to where the six pieces were found—I went in the engine-house, and informed the night foreman—I then ran with the foreman on the inside of the shed to where the tubes were—I got there before Maddox—when I got there I found the two prisoners standing together, within two or three yards of where there were three tubes against the shed—the six tubes were a little lower down—that place is near the main line—it is the way to get from the railway across into the marshes—I and the night foreman took both the prisoners in custody, and they were gone before Maddox came—all the tubes were taken in the shed—I noticed the shoulder of Barker—it had some of the corrosion of the tubes on it.
Cross-examined by MR. SLEIGH. Q. Then it was not Maddox who called out "Halloo? A. I don't know what he said—any persons could get very easily from where I saw the prisoners off the line into the marshes—I never was in the Castle public house—a person coming from the Castle would have to pass the sheds on the other side of them to get to the station—I never saw Barker before—it was rather a dark night, but the door of the engine shed was open, and there was a light inside.
MR. BALLANTINE. Q. Would a person coming from the Castle public house have any right to be where Barker was? A. It would not be the direct road.
MR. SLEIGH. Q. Was not that a place by which he could get to the station easier than coming along the road? A. I think not—a person would he able to get from the Castle public house quicker by walking along the line than if they were to go by the public road.
MR. BALLANTINE. Q. When you saw Barker was he coming from the direction of the Castle? A. No; in a contrary way.
RICHARD SARGENT . I am night foreman at the Stratford works. I assisted in apprehending the prisoners; they did not say anything—they came willingly with me to the engine shed—I gave them in charge to the policeman.
HENRY WILLIAMS . The two prisoners were left in my charge on the night of 26th March—I examined their dresses, and found on Barker's dress a white powder or dust, similar to what was on the tubes—it is corroded stuff—here is one of the tubes—I found some marks on Lewin's shoulder of the same kind, but not so much as on Barker's—I know where these tubes were found—I had been there half an hour before—I pass that place half a dozen times every night—when I passed it before there were no tubes there to my
knowledge—if there bad been nine tubes there I should have seen them—these tubes were under a shed by the coppersmith's door—that is what is called the carving shop—I had not counted these tubes on 25th March; I do not know how many were there.
Cross-examined by MR. SLEIGH. Q. Did not Barker say something in your hearing? A. He did not; Lewin said he knew nothing about the tubes—he should soon clear himself when he got to the station.
WILLIAM GRIMES (policeman, K 291). The prisoners were given into my custody—Barker said he had been to his sister's to tea. and to the Castle public house—he did not tell me where his sister's was, but we ascertained where it was, in William-street—I went to the sister's, but she was not at home—I examined the clothes of both the prisoners, they were marked on the shoulder with calcined chalk.
Cross-examined by MR. SLEIGH. Q. Was it not such dirt as is on the clothes of labouring men? A. It was such as would be on the shoulder of a man who had been carrying something dirty—I should not like to swear that the prisoners bad had these tubes at all.
MR. BALLANTINE. Q. Was not the mark on their clothes the same as the stuff on these tubes? A. Yes
JAMES HAMS (police sergeant, K 21). I examined the clothes of the prisoners; there were marks on their clothes, which appeared to me to be the same incrustation as there is on the tubes—I know where these tubes were found, and I know the Castle public house—the prisoners had no business at all where the tubes were found, as far as I know.
Cross-examined by MR. SLEIGH. Q. Did you examine their hands? A. Yes; their hands were dirty like labouring men's; Barker said he knew nothing about it, and he was perfectly innocent of the charge.
GEORGE GLADWELL . I am timekeeper at the railway works; I know Lewin, he was in the employ of the Railway Company till a quarter before 6 o'clock on Saturday evening, 26th March—he was employed in the boiler shop—that is not near where these brass tubes were kept—he had no business whatever where they were kept—he had no business on the premises that night after a quarter before 6 o'clock.
Cross-examined by MR. PAYNE. Q. How much money did you pay Lewin that Saturday night? A. One guinea for six days—he had been paid a month's wages about a week before that—he sometimes worked overtime, and got more than the ordinary week's wages—there is dirty work done in the boiler shop—he was repairing the steam hammer that day.
MR. BALLANTINE. Q. Had he any business there at a quarter past 5 o'clock that night? A. No; nor Barker neither.
COURT. Q. What, do you mean be had been discharged off work at a quarter before 6 o'clock? A. Yes; and he had no business there till Monday morning—he gave up his check when he left, and if he wanted to go to work again he would have come back for his ticket.
MR. BALLANTINE. Q. He had left his ticket? A. Yes; and it was hanging up—he did not come in again the proper way.
MR. SLEIGH to JAMES HAMS. Q. I believe Barker said further, that be had been to a friend's, and he was going home by the train? Yes; there was 6l. 10s. in gold, and 7s. 6d. in silver found on Lewin, and 2s. 3 1/2 d. on Barker.
(The prisoners received good characters.)
GEORGE BARKER— GUILTY . Aged 26.
WILLIAM LEWIN— GUILTY . Aged 32.
Confined Six Months.
GUILTY , Aged 23.— Confined Six Months.
Before Mr. Common Serjeant.
WILLIAM ELLMORE . On 1st April, about half past 4 o'clock in the afternoon, the prisoner came into my public house at Barking—he asked for a pot of beer; I asked bun if he had money to pay for it—he said he had half a crown to pay for it—it came to 4d.—he gave me what I thought was a half crown, and I gave him 2s. 2d.—I laid it on the till, and then saw that it was a 2s. piece—there was no other money there—I took it back to him the moment I found it out, and asked him for 6d. more—as I held it out to him, he snatched it out of my band, and put it in his pocket—I put my foot against the door to prevent his getting out, but another man shoved me on one side—the prisoner got the door open, went out, and a man caught him—I went for the police directly.
CHRISTOPHER LLOYD (policeman). I went to Mr. Ellmore's house, and found a person there who was charged with breaking the door, and assisting the prisoner in getting away—I took the prisoner the same night, and told him the charge—he denied it.
THOMAS BRADSHAW . I am potboy to Mr. Ellmore. About 4 o'clock on this day the prisoner was in the tap-room—I saw him give a piece of silver coin, which he said was half a crown—I afterwards saw my master show him a 25. piece—he said, "Let me look," snatched it out of his hand, and put it in his pocket—Mr. Ellmore asked him if he was going to give it to him; he said "No"—Mr. Ellmore stood against the door to prevent his going away, but somebody else pushed my master away, and the prisoner got away.
Prisoner. You were not there at all. Witness. Yes I was
GUILTY .** Aged 21.— Confined Six Months.
MR. DUNCAN conducted the Prosecution.
THOMAS MILLER . I am foreman of the carpenters employed by Messrs. Hill and Moore, contractors for the Stratford Extension Railway works, in the parish of West Ham. I know the prisoner; he was one of the carpenters under me—on Monday evening, 28th March, he was employed in one of the sheds of Messrs. Hill and Moore—about half past 6 o'clock, as I was walking down the shed, I saw the prisoner coming down the ladder leading from the shed to the ground with a basket in his hand, which looked heavy—he went towards the railway arch—he did not go out at the gate but got over the wall—I got over the wall twenty yards from him, called him back, and asked him what he had got in the basket; he said he had a few pieces of lead to run a plumb bob with—that would take from a quarter of a pound up to a pound and a half, not more—I asked him who give Mm leave to take it; he said, "Young Farrow, the plumber's son"—I told him he had no business to take it, and said young Farrow had no business to give him anything—he said he was very sorry, he would take it back; I said I would take care of it myself—I looked inside the basket and found some lead, which turned out at the station to weigh 15 lbs.—I locked it up in the office, and sent the key to Mr. Dollamore, who is here—no one had the least authority to give the prisoner
lead to take home—lead was being used on the roof to make the gutters—it was the property of Hill and Moore—this is the lead (produced).
Cross-examined by MR. PARRY. Q. Who is Farrow? A. A plumber; his son is about twenty—the prisoner has worked for us from three to four months—he came to work at 6 o'clock next morning, and was given into custody at half past 8 o'clock—I fetched the officer at breakfast-time, called the prisoner off the building, and he was taken into custody—I have nothing to do with the lead department, or with the plumbers; but if any lead is going away I stop it—the plumbers are under Mr. Farrow—if any thing goes wrong, I or any other man may see to it—I never saw the lead on the buildings, but I saw the prisoner descending with it—the lead for the buildings was found by Hill and Moore.
NOAH DOLLAMORE . I am inspector of the works of Hill and Moore at the Eastern Counties Extension works. On Tuesday morning, 29th March, in consequence of information, I gave the prisoner into custody—no one but myself was allowed to take anything from the works, and no one was empowered to give leave without my sanction, neither Farrow nor anybody else.
Cross-examined. Q. Have you, in the course of your experience as an inspector of works, ever found anybody do anything without authority, and blamed them for it? A. Yes, I have—I inspect the whole of the works, carpenters and plumbers—we do not allow perquisites—Mr. Hill's name it Thomas.
Cross-examined. Q. When were you first asked about this? A. The night he took it—I was not examined before the Magistrate, I did not go there—I never gave any one permission to take lead—I am not foreman to my father—I swear I did not give the prisoner leave to take any lead—I did not want any for myself—I only know the prisoner by his working there—I have never promised or said I would give him anything—he came down to Temple Mills and told me what he had been doing—I did not give him leave to take the lead at dinner-time on the very day that he took it, nor had I any conversation with him about it at dinner time that day—I have not been blamed about this by any one—my father has not blamed me in this matter, nor has the inspector of works; no one has blamed me.
MR. DUNCAN. Q. On the day the lead was taken, did you see the prisoner at Temple Mills? A. He came when I was there, beckoned me out of the skittle ground, and told me he had a piece of lead or two in his basket, and was stopped with it, and that he told them I had given it to him, but I said it was nothing of the kind.
(The prisoner received a good character.)
NOT GUILTY .
NOT GUILTY .
Before Mr. Recorder.
GUILTY .— Confined Four Months.
MR. LILLEY conducted the Prosecution.
WILLIAM GRIMWOOD . I am the brother of the prosecutor. He lives in High-street, Woolwich—he is a potato-dealer—I am a potato-dealer, and so was my father—on 16th March, at the prosecutor's request, I followed Hicks from near the Dockyard-gate at Deptford to Woolwich; he was driving a horse and cart, with twelve sacks of potatoes—it was covered with a tarpaulin, but I saw the sacks myself at Deptford, and again at Woolwich—he stopped, with his cart, at the door where I live, at Deptford—I was not dressed as I usually was—I knew Hicks—I followed him in the Lower road—as I followed him, I saw biro get on the cart, and raise the tarpaulin, and take potatoes from the full sacks, and place them in an empty sack, which was on the top of the cart—he was engaged in doing so about five minutes—he held the sack with his left hand, and took the potatoes with his right—I was about 200 yards from him—between the Union and the Antigallican I lost sight of him—it was just before he got to the Union that I saw him do what he did—there were fields there, on both sides of the road—when I lost sight of him, I ran, and the cart was stopped at the Antigallican, and Hicks was on the top of the cart, spreading an empty sack—he remained at the Anti-gallican upwards of an hour—I still stayed, and watched; he then proceeded to Woolwich; I saw him arrive, with the cart, at my brother's house—I saw him remove four of the sacks—the first three were good weight, the fourth was upwards of 7 lbs. deficient—a full sack of potatoes ought to weigh a hundred and a half, which is 168 lbs.—they were all weighed by sworn meters—a sack means a certain weight, not what a sack will hold—the first three sacks were full weight—the weights were in the other scale, three half-hundreds and 4 lbs., as the balance of the sack—the fourth sack was upwards of 7 lbs. deficient—a 7 lb. weight was placed in it, and it did not take it down—my brother said to Hicks, "This is a pretty sack of potatoes, is it not; I can dispense with your services, you had better go"—Hicks replied in language not fit to mention.
Cross-examined by MR. PAYNE. Q. Do you mean that he used any indecent language? A. Yes, abusive, swearing language—my father is not alive—he was a Churchman—I am not older than my brother—I was from 150 to 200 yards off when I saw Hicks shifting the potatoes—it is a much frequented road—I had the same dress on that I have now, but Hicks was not used to see me in this dress; I had no mask on—I had my ordinary hat—he was used to see me in my light working dress—I could see at 200 yards' distance what Hicks was about on his cart—the tarpaulin was tied on the cart, and it was drawn forwards towards the copse of the cart—there were persons going by—it lasted about five minutes, as near as I could tell—I do not know what became of the sack in which the potatoes were put—I saw it on the top of the cart, but I did not see it afterwards—it was not
filled—there were some potatoes put into it—I then lost sight of it—he trotted the horse—I could see the Anti-gallican, but I could not run so fast as the horse could trot, and I was obliged to keep at a distance to conceal myself—Hicks was riding on the front of the cart, and there were twelve sacks of potatoes—when I saw the potatoes moving from one sack to another, I was walking at a distance of 150 or 200 yards-—he was elevated but I do not think he could see me—I was sufficiently near to see what he did—in part of the road from Deptford to Woolwich there are no houses—when Hicks was taking the potatoes out of the sacks, there were no houses on the right or left—when he spoke to my brother, he called him a b—y liar.
LUCIFER VOLTAIRE GRIMWOOD . I am a potato dealer, and live in High street, Woolwich. Hicks was in my employ as carman—on 16th March I went with him to London—about 9 o'clock that morning I had fifteen sacks lying in my shop, close to the street door—I told Hicks to count them—he did, and said there were fourteen—I told him to count them again, and he would find fifteen—he did, and said there were fifteen—he put them into the cart—I went to the tail of the cart, and took one from him, leaving fourteen—I then proceeded towards London—in passing through Deptford, where my brother lives, I called, and spoke to him—I then proceeded to London, but not in my own cart—I went to Beale's-wharf, Mill-lane, Bermondsey—I bought there ten sacks of French potatoes—I saw the whole of the ten sacks weighed, and they were conveyed by the fellowship porters to my cart—Hicks had arrived with my cart, and the potatoes were put into my sacks and weighed—I was on board the vessel, and saw them weighed—I only saw the prisoner take into the cart the last two sacks—each sack weighed three half hundreds, 168 lbs. net—I got two other sacks from the warehouse; and after they were loaded, I told the prisoner to go on, and to call for my great-coat at my grandfather's, at Deptford, where my brother lives—that was in order that my brother might know that he passed—I went home to Woolwich by the train—I was at home some considerable time before Hicks arrived—before the cart was unloaded, my brother came to the shop, and gave me some information—I directed the prisoner to take the potatoes out of the cart and put them on the weighing machine—I put in the opposite scale three half-cwts. and a 4lbs. weight—I was not in the habit of weighing the potatoes when they came home—the first two sacks were red potatoes, which I had at the warehouse, and were full weight; the third, which was one that came from the vessel was full weight; the fourth, which was the second that came from the vessel, was 7lbs. light—I asked him if he did not think that was a pretty sack of potatoes to bring home—I asked him if that was the same he got from London—he said, "Yes," and he began swearing, and abused me—there were two policemen passing by—I went and stated the case to them, and gave him into custody—I and my brother went to the station—when I returned to my shop I saw the remaining sacks of potatoes—the cart had been unloaded—the sacks stood in the centre of the shop—there were eight sacks remaining—I weighed them; they were all deficient in weight, excepting one; they varied from 7lbs. to 9lbs. less than 168lbs.—the sack that was weight was tied; it was what we call a rider—it was laid on the copse of the cart to balance it—that was tied, and that was full weight—I sent Hicks with fourteen sacks to London—this sack produced by the policeman is mine; it is marked with my name.
Cross-examined by MR. PAYNE. Q. What is your name? A. Lucifer Voltaire Grimwood—the first part of my name is a name which may be some
day more familiar to some persons—I believe in the sanctity of the oath which I have taken—I did not help to load the potatoes into the cart; the fellowship porters did that—they are not here—the sworn weigher, who weighed them, is not here—sacks of potatoes may get mixed, because some people have not got sacks with their names on them—I do not know whether it is a common thing for people to get other people's sacks; I know nothing of any other people's business, only my own—I am a greengrocer—only one sack that was short was weighed in Hicks's presence—the others were weighed behind his back, after I had him in custody—when I accused him of bringing home this light weight, he was very rude, and I gave him into custody—while I was gone, the remaining sacks were brought into my shop—a man who was buying potatoes brought them in, and my wife weighed them—my wife is here—the potatoes were all right in the sack that was tied—the others were not tied—the only way I can swear to the potatoes is, that they are similar to mine—there is no mark on then.
Cross-examined by MR. THOMPSON. Q. Was the cart your own? A. Yes—it was drawn by one horse, which is my own—there were thirteen sacks brought home, twelve full and one empty.
JOHN JOSEPH DUNNEY . I live in Worcester-street, Southwark, and am warehouseman to Mr. Day, a potato salesman, at Beale's-wharf, Bermondsey. It is my business to see that purchasers have the right complement of potatoes which they purchase of Mr. Day; I mean the right weight, and number of sacks; the fellowship porters deliver them from the vessel to the cart; I see that they place the right number of sacks of the right weight in the right cart—I remember Hicks being at the wharf early in the morning of 16th March—I saw ten sacks of potatoes delivered to him by the fellow ship porters—I saw them put in the tail of the cart—Hicks was taking the sacks at the tail of the cart—I saw the ten sacks which he bought at my employers, and I saw two other sacks on the copse after the cart bed gone away to Mr. Renson's—I did not see any potatoes fall from the sacks.
Cross-examined by MR. PAYNE. Q. There were other persons buying potatoes? A. Yea—I had only to attend to one at a time—I stood at the warehouse door looking after these carts—I do not interfere with them, only see that they have the right complement, what they have bought, and the purchaser signs the book—Mr. Grimwood signed that morning—I stand at the warehouse door to see that the carts are loaded—I did not see any potatoes drop—I did not see them come quite from the ship—I saw them within about fifty yards of the ship—they are weighed on board the ship.
Cross-examined by MR. THOMPSON. Q. Did you see the potatoes weighed? A. No, Sir, it is not my place.
AMELIA GRIM WOOD . I am the prosecutor's wife. I recollect on 16th March my husband returning from town, having gone in the morning—to the best of my recollection he returned before Hicks did—I was in the shop when Hicks arrived with a cart of potatoes—my brother-in-law was there—my husband told Hicks to place the sack of potatoes on the balance—I had not seen what weights were placed in the opposite scale—Hicks did place a sack in the balance—I did not see whether it was the right—weight; I was serving a customer—my husband spoke to Hicks; he gave him in charge, and they went away immediately—when they went away, to the best of my recollection, there were eight or nine sacks left in the cart—they were taken from the cart in my presence, and by my wish—a customer of ours chanced to be in the shop—he offered to take them out, and I accepted his offer—they were placed on the balance, one by one, as they came in—they were all short of
the proper weight, except one, which was on the copse of the cart, and was tied—there were two or three customers there, who were passing in and out and the man who brought the potatoes in.
COURT. Q. Did you notice the weight of them? A. I placed a 7lb. weight on the sacks, and that was not sufficient to take them down—they were upwards of 7lbs. deficient; that was the case with all, except one—they were placed in the middle of the shop, and no one touched them till my husband returned—I was in the shop the whole day—when my husband returned he weighed them.
JAMES WESTBROOK (policeman, R 114). On 16th March I was in High street, Woolwich, about 11 o'clock in the morning—I was passing the prosecutor's house—he gave Hicks into custody on a charge of stealing a quantity of potatoes—Hicks said they were just as he had received them—he said his master was a thief, and he thought everybody else was—I went in about an hour and a half afterwards, in company with Gladwin, to the Anti-gallican, in the Woolwich-road—I asked to see the ostler, and a man named Minter came forward—some questions were asked him, and I went to fetch Jenner out of the tap-room—I asked him his name, and he said it was Jenner—we went to the stable—Jenner had the key of it, and he gave it to Gladwin—we went inside, and Gladwin asked him where the potatoes were—he said he did not know anything about them—we found the potatoes in a corn-bin, in the stable—Gladwin lifted up the lid of the bin, and there was a sack containing 76lbs. of potatoes—this is the sack, with "L. G."on it—when Gladwin lifted up the lid he said, "Here they are"—Jenner said, "I do not know anything about them"—Minter said, in the hearing of Jenner, that he wished he had been up, for it would not have happened—he had a fistula on his thumb, and his arm in a sling—I took the potatoes and the sack, and Gladwin took the prisoner.
COURT. Q. What is Jenner? A. A labouring man—he is not constantly employed there, I believe—he had the key through the head ostler being ill—I only know that from what I have been told—nothing was said to Jenner, in my hearing, about the potatoes till we got in the stable.
LUCIFER VOLTAIRE GRIMWOOD re-examined. Q. Look at those potatoes found in the sack, and give your opinion whether they are the same potatoes as you purchased on board the French ship? A. They are the same kind of potatoes—when I purchased them they were not so dry as they are at present—they were damp with steam, a body of them lying together in the vessel—this sack is mine, marked with my name—there were only thirteen sacks brought back from London—fourteen ought to have been brought.
COURT. Q. Why did you take fourteen sacks? A. I always take a spare sack or so, in case one should burst, or be lost; and sometimes I buy onions or something else, and sometimes I load fourteen—I had not told Hicks to take fourteen, I told him to count them.
(Hicks's father gave him a good character.)
HICKS— GUILTY . Aged 18.— Confined Four Months.
JENNER— NOT GUILTY .
Before Mr. Common Serjeant.
SARAH PILGRIM . I am a widow, and live at Greenwich. I know the prisoner, she lived at my house six months with her husband, in a furnished room; her husband still remains with me—I did not know anything was gone
till about three weeks ago, as I never went into the room—I miss now a pair of little boy's boots, three blankets, three sheets, two pillows, a cloak, a kettle, a mattress, and a carpet—I found the kettle, mattress, pillows, and blanket pawned at Mr. Nash's, and the sheets at Mr. Smith's—these articles (produced) are my property, and were let with the lodgings—this cloak is nine—the prisoner has got six children.
ROBERT KENDREW . I am shopman to Mr. Nash, a pawnbroker, of Greenwich. I produce these pillows and blankets; I do not know who pledged them, but the prisoner pledged this carpet and cloak with me; the rest of the things I did not take in.
JAMES BOLLINGTON . I am shopman to Walter George Smith, a pawnbroker, of Greenwich. I produce three sheets and a pair of boots—I cannot say who pledged them, but I gave a ticket to the person—I believe the boots are the prisoner's own property.
EDWARD CHALLIS . I was formerly in the service of Mr. Delamere, pawnbroker, of Greenwich. I produce a blanket, pillow, and quilt—I cannot say who they were pledged by—I gave tickets to the person who pledged them.
ELIZABETH HANKS . I live with my father, at Greenwich; he keeps a second-hand clothes shop. On 19th March I saw the prisoner there, and purchased a small cloak of her—I knew her before by the name of Mrs. Hugh.
Prisoner's Defence, I did not sell anything to any person, all I did was to pledge them; I intended to redeem them again, as I have done before.
GUILTY. Aged 33.—Recommended to mercy by the Jury and Prosecutrix.
Confined Three Months.
Before Mr. Recorder.
GUILTY . Aged 26.— Confined Four Months.
Before Mr. Common Serjeant.
WILLIAM HUTCHINGS . I lodge at No. 7, Fair-street, Borough—on Tuesday, 22nd March, between 11 and 12 o'clock at night, I was in the King's Head public house, Tooley-street, with several of my shipmates—the prisoner was there—she drank out of a glass of brandy-and-water with me—I had eight sovereigns, three half-sovereigns, three half-crowns, and a sixpence in a pouch in my right trowsers pocket—my shipmate asked me whether my money was all right, and I took it out—the prisoner was sitting there, and could see me do it—I left the public house about 12 o'clock—three men left with me—after I got out I turned aside to a corner for a particular purpose—the prisoner came,
got hold of me, put her hand in my right trowsers pocket, and went away immediately—I missed my pouch and money—I am sure it was the prisoner—there was a gaslight there—I could see her face, and I knew her before—a policeman came up, and I told him—I afterwards went with him to a house in Snow's fields, which was rather more than a quarter of a mile off—I saw the prisoner there, and said she had taken my money—I think she said she did not know anything about it—I saw another woman there who had been at the public house with me.
Cross-examined by MR. DEARSLEY Q. How many of your shipmates went with you to the King's Head? A. Two; I had not been drinking before I went there—there were five or six women, and ten or twelve men there—I was there about an hour and a half, drinking pretty freely all the time, and smoking, too—one of my shipmates wanted to take care of my money for me; they did not tell me I was not in a state to take care of it—I had seen the prisoner the night before—I was talking to the other girls; but I only drank with the prisoner—I had got my money when I had occasion to turn to the wall, for I put my hand to my pocket, and felt my pouch there—I do not know whether the prisoner keeps a lodging-house-—there were two other girls there—another woman was taken up on this charge, but was discharged—it was the woman who was in the room at Snow's-fields.
THOMAS JENNINGS (policeman). On 22nd March I was on duty in Tooley-street, and saw the prosecutor and some other sailors come out of the King's Head—the prosecutor went against the wall, and while he was there the prisoner, who I knew, went up to him, put her arm round him, and left him immediately—he came and told me something, in consequence of which I went with him to a house in Snow's-fields, and found the prisoner and another female in the front room, ground floor—the prosecutor said, "That is the girl that robbed me," pointing to the prisoner, who denied all knowledge of the robbery—there was nobody else in the room—I took her and the woman to the station, then returned with another constable, searched the room, and found two sovereigns under the mattress, and my brother constable picked up seven sovereigns—I took them to the station, came back, and found half-a-sovereign on the floor, near the bed.
Cross-examined. Q. Did not you go to the King's Head public house? A. No; I spoke to a woman outside there; but did not charge her with having robbed the prosecutor—there was another policeman there—the girl acknowledged that she had been drinking in the public house with the sailor, but said she knew nothing about the money—the prisoner said that she was the landlady of that room—there were other persons in the house—nobody told me that it was Lizzy that had robbed the man—I was not above three or four yards off her when she put her hands round him—I was not exactly struck with suspicion.
GEORGE NICOL (policeman). I went with Jennings to the house in Snow's fields, and saw the prisoner and another woman—I remained in the house till Jennings came back from the station—I helped to search the room afterwards, and found six sovereigns and two half-sovereigns
Cross-examined. Q. Did you go into the King's Head? A. No; I saw two women outside—I did not charge one of them with being the person who had robbed the prosecutor—I asked her if she knew what female was along with the sailor, and she said it was Lizzy—I searched two other rooms of the house, but allowed nobody to go into the prisoner's room—I saw the prosecutor—he was not intoxicated—he was perfectly sensible.
NOT GUILTY .
WILLIAM STRICKLAND . I am clerk to Charles John Moakes, who has a warehouse in Great Dover-street, in the parish of Newington. On Saturday night, 26th March, about 11 o'clock, I secured the warehouse with a padlock and two bolts—the counting house leads to the warehouse—it is under the tame roof, next to it—you can go out of one into the other—there is a door between them—I locked the counting house as well—it opens into the passage leading to the back door of the warehouse—I fastened that door with a spring latch, but there is no bolt—that door goes into the passage which leads to the dwelling house, and there is also a door into the street—I fastened two doors with a latch, and the outside door I shut and barred—next morning, between 6 and 7 o'clock I was called up—I examined the premises between 9 and 10 o'clock—I observed the gate of the warehouse which opens into Napier-street—the hasp was forced off, and the padlock was left on the hasp; they could then draw the bolts and get in—the bolts were drawn—I went into the counting house, and missed a cloak, and from the passage a copper coalscuttle, and two bares which were hanging up—the door between the warehouse and the passage was open—I know the prisoner—I saw him on Saturday night, the 26th, from 10 to 11 o'clock, about the premises of the coal shed—Mr. Moakes had got tickets of a charitable institution for Easter; coals are delivered to people, and those who are not able to fetch them pay persons to do so—I believe the prisoner came to take away some coals—I expect he got over the wall, and broke into the counting house first—I found the counting house door open in the morning—it opens with a spring lock, which must have been opened with a latch key—there was a mark as of force on the lock.
PHILIP BROWN (policeman). On Sunday morning, between 4 and 5 o'clock, I was on duty in Napier-street, and saw the prisoner put his head out of the door of Mr. Moakes's coal warehouse, which was open—when be saw me he drew his head in again—I went to the door, and tried it, but it was then fast by some means—I did not know the prisoner before—I said, "Who is there?"—the prisoner said, "Halloo!"—I asked him to open the door, and beard him walk through the counting house, which goes towards the yard—I then sprang my rattle, got assistance, tried the door again where I had seen the prisoner, and it came open—in the coal warehouse I found a copper coalscuttle in a coal sack, and on the sack lay two hares—soon afterwards I went over the walls of four or five houses by a ladder, and found the prisoner in a water-closet four doors off—he said, "Could not you do without a ladder?"
Prisoner. Q. How can you swear that I put my bead out at the door? A. I distinctly saw your head and face—you were ten or twelve yards from me—it was just dusk, just before daylight.
GEORGE ADAMS (policeman). I heard a rattle, went to the premises, and found Brown there—I assisted him in searching—I got a short ladder, got over four walls, and found the prisoner standing upon the seat of a privy—I asked him what he was doing—he said, "Nothing"—this padlock (produced) was wrenched off—he could not get to that from the outside.
CHARLES MOAKES . These are my father's premises, and are in the parish of St. Mary, Newington—there is an outer door to the coal warehouse, and one to the dwelling house—there is no outer door to the counting house—you get from the warehouse to the counting house by a door which shuts
on a latch, and to the dwelling house also by a door which fastens with a latch—the counting notice door opens into the passage—a person can go in at the outer door of the dwelling house, through a little passage into the counting house, or you may go from the warehouse into the counting house—there are two doors that can be got to from the outside, and three from the inside—a person could get over the wall, open the counting house door with a latch key, and then open the next door into the warehouse.
WILLIAM STRICKLAND re-examined. I saw no marks of violence on the street door of the house, but the padlock on the outer door of the warehouse was broken—there were marks of violence on that door which was latched, and which you can get to from the yard—if anybody got over the wall they might get in at that door—there was also violence to the warehouse door—I am positive the doors were all safe the night before.
Prisoner's Defence. I had no money, and had nothing to eat all day; I saw a door open, went in there, went right through, and laid down in the water closet; I was not in the warehouse.
(The prisoner was further charged with having been before convicted),
HENRY SUMMERS (policeman). I produce a certificate (read—"Surrey Sessions Charles Dale, convicted Sept., 1852, of stealing leaden pipe, fixed to a building.—Confined six months")—I was present—the prisoner is the person.
GUILTY.** Aged 25.— Transported for Seven Years.
THOMAS WARWICK . I am agent to Mr. George Hallet, a sulphuric acid manufacturer, of Rotherhithe. On Tuesday morning, 29th March, I missed some sheet lead from the carpenter's shop, which I had seen safe on the Saturday night previous; it was about three feet square, and weighed about 60 lbs.—this (produced) is part of the piece that it was cut off, and here is another piece which corresponds with it—it is cut quite uneven, and the unevenness corresponds, as well as the mill work.
ELIZABETH JONES . I am the wife of John Jones; we live in Sarah place, Rotherhithe. On Tuesday morning I was looking out of my bedroom window shortly after 9 o'clock, and saw the prisoner, who I did not know before, place a basket on the bridge, which was hardly a stone's throw off—I then closed my window, and saw him kick the basket, and throw it into a pond—I went out, and said, "You are young Wright?" he said, "Yes"—I said, "You have thrown the basket into the pond"—he said, yes, he knew he had, was it anything to do with me—I turned, and walked away.
THOMAS ABEL . I am lamplighter of Rotherhithe. I saw the basket in the pond, and a little boy trying to get it out with a stick—I pulled it out; it had this lead in it—this is it—I took it to the station, and left it.
JOHN CARTHY (policeman). I met Abel going to the station with this basket of lead—in consequence of information, I apprehended the prisoner, and told him he was charged with throwing a basket of lead into a pond; be made no reply—part of the lead is in it now, and is what Warwick has seen.
RICHARD GASH (police sergeant, M 4). I was at the station when the prisoner was brought—Mrs. Jones afterwards saw him there—I said I supposed he did not think he was seen; he said it was of no use denying it, he knew that he took it, and a woman who knew him saw him throw it into the water—he afterwards said he took it from the waste water-pipes which were lying in the street.
Prisoner. He says 1 told him I had taken it, and it was of no use denying it; it is no such thing; I told him I found it lying against the pipes.
Witness. He said nothing about pipes till he was before the Magistrate.
Prisoner's Defence. I am innocent; I know nothing about taking it from the place; I took it from the pipes; it had been stolen, and put there, and I took it with the intention of taking it to the station; I asked a man what it was best to do, and he said, "If I were in your place, I should take it home; you might get something for your trouble;" I knew my father was at home, and would not let me have it, and I watched a good while, and put it into the pond till my father had gone out, and then I went home, and the policeman took me to the station; my witnesses would have been here, only the policeman does not like me, or he would have fetched them.
GUILTY .* Aged 16.— Confined Three Months.
526. WILLIAM HARRIS , feloniously cutting and wounding William Wells, on the head, with intent to resist and prevent his lawful apprehension and detainer.—2nd COUNT, with intent to do him grievous bodily harm.
MR. THOMPSON conducted the Prosecution
WILLIAM WELLS (policeman, L 94). On the morning of 14th March, about 1 o'clock, I was on duty in the Westminster-road, just by the Female Orphan Asylum—I saw the prisoner and three others standing at the corner of Francis-street—they were talking very loud, making use of very obscene language, swearing at each other—they were making a very great disturbance—I do not know that I can justly express the words they were making use of—I thought it my duty to interfere, and 1 went up and asked them to go on; I told them I could not allow that noise and disturbance there at that time in the morning—I then turned round to go away, thinking they would go, and the prisoner made use of some observation which I did not understand—I turned round and asked what he meant, upon which he made use of a bad expression—I then went to them again, and said I must take them into custody if they did not go away, upon which the prisoner said he did not care a d—for me; he wished I was out of my clothes, meaning out of my uniform—one of the others standing by said he did not care a b—for me, clothes, and all—the prisoner then said, "We will mug the b—"—another one said, "Oh, give it him; he is only a b—thing; we don't care for him"—I thought it my duty to take the prisoner into custody—I drew my staff, and was going to take hold of him to take him into custody, when the three that were behind me seized hold of me—the prisoner was in front of me, and he rushed in and snatched my staff away, and the instant be got hold of it, be hit me a blow on the side of the head, which caused the blood to flow—there was a wound, my head was smashed just at the side, and I found the blood running down my face—he then made another blow, which caught me on the back of the head, and caused a swelling half the size of a hen's egg, but it did not cut the skin—they then all seized on me, and got me down, and tried to gouge my eye out; they shoved their fingers under my eye—I could not swear whether that was the prisoner's fingers or the others—I struggled and got round, drew my rattle, and sprung it, and they ran away—I knew two of them before, the prisoner and another—I have no doubt at all about the prisoner being the man that got the staff from me; I am certain of it—I had my wound dressed four times by a surgeon, and was off duty a week in consequence of the wound.
Cross-examined by MR. POLAND. Q. The prisoner was not apprehended
on that night, was he? A. No, on the next evening, Tuesday—I was with the constable when he was apprehended.
MR. THOMFSON. Q. Do you know what occupation the prisoner follows? A. I do not know that he follows any; I know him to be a kind of a fighting man.
GEORGE CRICK (policeman, L 40). I took the prisoner into custody on 15th March—I told him it was for assaulting Wells, who was with me—he made no reply at first, and I repeated it again—he then said that he was there, but he stood on the opposite side of the way; he saw the constable struck, but he did not strike him himself; he knew who they were, and he would not suffer for them—he afterwards said at the station that he was innocent, and that he thought I meant in the London-road, but I told him the Westminster-road very plainly.
MR. POLAND to WILLIAM WELLS Q. Had you been assaulted at all before this? A. No, I was not assaulted in the London-road, I swear that; I had not been in any row there—I did not apprehend any one there shortly before this; I never apprehended any one in the London-road in my life—my beat runs up part of the London-road and part of St. George's-road.
JOHN TIMOTHY HUGHES (police sergeant, L 20). I was on duty at the Tower-street police station, when the prisoner was brought there, on Tuesday, 15th March—he was told that he was charged with others, not in custody, with striking the police constable on the head, and cutting his head—he said, "I was there, and saw them strike him, but I did not touch him myself; I was on the other side of the street, and I saw them run up Francis-street."
HENRY BATESON . I am a surgeon, living in the Waterloo-road. Early on 14th March I was called to the Tower-street station to attend Wells—I found him with a small wound on the upper and under part of the left side of the head—one wound was bleeding; it was such a wound as would be likely to be caused by a policeman's truncheon—the skin was separated, the scalp was torn through—I have since dressed the wound—on the constitution of a temperate man it would not be dangerous, but scalp wounds are generally dangerous.
MR. POLAND called
FREDERICK JAMES . I am a tailor, of No. 8, Princes-street, London-road. I was examined before the Magistrate when the prisoners were examined—on this Monday, from 3 minutes past 12 till a quarter past 1 o'clock in the morning, I was at the top of Princess-street with the prisoner—he was with me the whole of the time, and was not out of my company more than two or three minutes—that is a good half mile from Francis-street.
Cross-examined by M. R THOMPSON. Q. How many of you were there together? A. Fourteen or fifteen—I have known the prisoner six or seven months—we went straight from one public house to the other—it was about two or three minutes past 12 o'clock when I went—I went with two more witnesses; no one else—the prisoner did not leave with us; he was just finishing his supper when I left—he had been waiting there all the evening, in the room at Mr. Bunvan's; it is a beer house—the persons there were doing nothing particular, only enjoying their pipe and their glass—I did not go up into that room that evening; I saw him in the taproom—that is not called the Prince public house, it is the Hand-in-Hand; the Prince is about thirty yards from it—I went into the Hand-in-Hand first; it was then about half-past 11 o'clock—I saw the prisoner there first—I saw him finishing his supper at 12 o'clock, when I was coming out—he did not leave with me; two of the witnesses did—when I next saw the prisoner he came straight up to meet me at the Prince, at two or three minutes past 12 o'clock—the Prince
is a public house, not a beer shop—the prisoner stayed along with us there, and took a glass—I know it was three minutes past 12 o'clock when we got to the Prince, because they always shut up at 12 o'clock, and they were just shut up—I live at No. 8, Princess-street—when I left the Prince I went straight home—I do not know where the prisoner lives; I left him at the Prince with a particular friend of mine, and several others—I know it was a quarter past 1 o'clock when I left the Prince, because I looked at the clock before I came out—I was one of the witnesses before the Magistrate.
MR. POLAND. Q. When you left him was a man named Glover with him? A. Yes; and Duffett.
COURT. Q. Was the prisoner in your company from 3 minutes past 12 till a quarter past 1 o'clock? A. Yes; I believe there was something going on in another room, but I did not go there—the prisoner went there, but he was not there two minutes, he came back again directly; that was the only time he was out of my company.
CHARLES GLOVER . I am a whip maker, and live at No. 16, Temple Street. I know the Prince public house, at the corner of Princess-street—I was there on 14th Jan., from a little after 12 till very nearly 2 o'clock in the morning; that is half a mile from Francis-street—the prisoner was there when I went in, and I left him there when I came out—I did not lose sight of him three minutes during the whole time I was there.
Cross-examined. Q. Were you in company with James? A. Yes; I did not go with him to the Prince; I went afterwards—I had been at Mr. Bunyan's, in Princess-street, the Hand-in-Hand, and saw the prisoner there between 11 and 12 o'clock; he was standing in front of the bar, not doing anything—I went by myself from there to the Prince—I went there to have a little drop of something to drink; I could only get beer at the Hand-in Hand—I saw James at the Hand-in-Hand,' but he was not in my company—I am working for my father; he lives at No. 16, Temple-street, that is 200 or 300 yards from Princess-street—I know what time it was when I left the Prince, because when I got home it was a little past 2 o'clock by my clock, so 1 imagine it was not 2 o'clock when I left the Prince—the prisoner was at the Prince when I got there, which was a little after 12 o'clock—I did not go direct from Mr. Bunyan's to the Prince; I was talking to Mr. Bunyan's son-in-law directly I came out—when I left the Prince, I went straight borne; I have known the prisoner some time by sight—the next time I saw him was on the Tuesday, in the day time; I think it was at dinner time, 1 cannot say exactly—I am not often in the habit of going to the beer shop at all times of the day—I did not see the prisoner taken into custody, I heard on the Wednesday evening that he was taken—I was one of the witnesses before the Magistrate on the Tuesday in the next week—Mr. James asked me to become a witness—I said I knew he was there, and 1 thought I ought to go.
Q. I understand you to say you were not one of the three persons who left the Hand-in-Hand to go to the Prince? A. We left together, but we did not go arm-in-arm, because I was talking to somebody—I do not know anything about the striking the policeman—I heard when he was taken into custody, and said I knew it was wrong; a great many people told me about it.
JURY. Q. Was there any disturbance with the police in the London-road? A. A fortnight before there was; but not on the night that I was at the Hand-in-Hand and the Prince, that I know of.
MR. POLAND. Q. You believe there was in the London-road, a fortnight before? A. Yet, but I did not see it; I was told so.
Kent-road. On the night of 14th March I was at the Prince of Wales, from 15 minutes past 12 till 25 minutes to 2 o'clock—the prisoner came in a few minutes after me, and I left him there at 25 minutes to 2 o'clock—that is about half a mile from Francis-street—I was examined before the Magistrate.
Cross-examined. Q. Who do you work for? A. For Mr. Burnet, of Newington-causeway—I have worked for him fourteen or fifteen months; I have seen the prisoner several times, but know nothing of him—I went to the Prince a few minutes after 12 o'clock, I went to have something to drink—I had come by myself from Salter's beer shop, London-road—there were two or three, strangers to me, standing at the bar when I went in—the prisoner came in afterwards, and two or three others came in with him; I cannot say who they were; he was not the only man I knew, I knew Mr. James—Mr. James did not ask me to become a witness; I came on my own account, nobody asked me to—I heard of it in the public house on a Sunday night or Monday morning, and I said I was in his company—I was not at the Hand-in-Hand on this night—I know that it was a few minutes after 12 o'clock, because I went straight there—the beer shop is 120 or 130 yards from the Prince—the prisoner was not out of my sight above two or three minutes at the outside—he went through a little door into the front parlour, but did not remain more than two or three minutes, at the outside—I did not hear a disturbance going on in another room, there is no other room that I am aware of; there were a few words in the side box in the room where I was—I left the prisoner at the Prince at 25 minutes to 2 o'clock—I am certain of the time, because I looked at the clock when I left—I know nothing of James, and do not know Glover—I had been in James's company before, but was not on that evening to my recollection—I was not in anybody's company—Mr. Clayton himself was serving at the Prince, nobody else—the prisoner was drinking and talking.
JURY. Q. Did James and the prisoner come in together? A. Yes, I think they did; about 5 or 10 minutes after 12 o'clock.
GEORGE NORRIS . I am a zinc worker, of No. 35, Old-street, St. Luke's. On 14th March I was at the Princess, that is the name of the public house; it is at the corner of London-road; James was there with me—I left at the same time as him, at a quarter past 1 o'clock; I cannot say to a minute—we went there about 12 o'clock, and the prisoner came in soon afterwards—during the time I was there I only lost sight of him while he went from one box to another, which was not more than a minute and a half or two minutes.
Cross-examined. Q. The London-road is a long way from Old-street? A. Yes; but I formerly lived in Newington, and had acquaintance with Mr. James, and went there to see him, and I went from Mr. Bunyan's, where I first met him, to the Princess—I was with him at the beer shop I should think two hours, I saw the prisoner there, he was standing in the room; I saw him several times take beer from the counter—I went with Mr. James alone, from the beer shop to the Princess, but one or two followed from there who I do not know—I have known the prisoner by seeing him backwards and forwards something like two months—I am not there every night; I have been there twenty times in the last two months; I do a great deal of work there—James is a tailor—I am my own master—I left the Princess about a quarter past 1 o'clock—I know that because I kept looking at the clock, thinking I should be late, being at a distance from home—I know Duffett; I rather think we left him there when we left; I know Glover by sight, but do not know where he lives, he did not leave with us, we left him there—I went straight home from the Princess, leaving the prisoner there.
JURY. Q. Was the prisoner in the Princess when you went? A. No; he came in about five minutes afterwards; I do not think anybody came in with him; I did not notice anybody.
GUILTY of unlawfully wounding. —Aged 18.
(George Crick, policeman, deposed that the prisoner had been in custody for assaulting him, and had been fined 7s., or seven days imprisonment; that he was a very bad character, being out late at night with thieves and prostitutes.)
Confined Three Months.
Before Mr. Recorder.
GUILTY , and received a good character. Aged 39.— Confined Two Months.
Before Mr. Justice Erle
GUILTY . Aged 49.— Transported for Seven Years.
MESSRS. BODKIN, COOPER, and HODSON conducted the Prosecution.
EDWARD CHARLES EVANS . I am a carpenter, residing in Acre-lane, Brixton. I remember 10th Jan. last—on that morning I was applied to by the prisoner at half, past 4 o'clock—she came to our door, knocked at the door, and told me that Mr. Jones was dead—I immediately jumped out of bed, and asked her when; she said that morning, and would I come in—I did not go in with her—I dressed myself and followed her, I was not more than five minutes—I went to the deceased's house, it was only three doors off; I lived at No. I, Springfield-cottages, and Mr. Jones lived at No. 4—on going to the door I was let in by the prisoner—I saw the deceased lying on the sofa on his back, with his hands across his bosom, he was in an inclined position, not flat on his back—he appeared to have recently died—I pulled aside the blanket that he was wrapped in, and put the back of my hand upon his hand, and it was warm—the prisoner said nothing further to me at that time; I said I would go and call my son, and leave him with her while I went for Mr. Key.
Cross-examined by MR. CLARKSON. Q. Was he wrapped in blankets on the sofa? A. He was; I think there were two blankets; I think they were new ones—I distinctly felt that his band was warm—I had known him for thirteen years—I know that the prisoner was attending upon him as his relation, and the only person that had the charge of him—he was eighty three years and ten months old to a day—he was very subject to chalkstone gout—he was very infirm indeed, so much so that he could hardly get one foot off the ground to put the other along; he scraped his feet along the ground—I never myself saw him tumble about when he endeavoured to walk, but he was very infirm upon his feet; no one lived in the house but himself and the prisoner—I should say he was hardly safe to be trusted to go out by himself, to go any distance, not latterly—I have been in the habit of going to the house from time to time to do work occasionally—the duties which the prisoner had to perform for him were some of them very delicate
ones, and all of them requiring great care and caution—I believe he was unable to help himself in the offices of nature.
Q. During the thirteen years that you witnessed her treatment of him, did you ever see anything that warranted you in supposing that she was ill using him? A. I never saw anything of the sort, neither did I ever hear Mr. Jones make any complaint—he was reputed to have money, and to have some poor relations—I know a man of the name of Collins—he was a witness before the Coroner; the verdict of the Coroner's Jury was accidental death.
Q. How long after the Coroner's inquest was it that there was any examination before a Magistrate? A. The inquest was held on 14th Jan., and the prisoner was apprehended on the 31st—I was examined as a witness before the Magistrate—I believe there was an attorney employed there—I, cannot say whether the depositions that were taken before the Coroner were also before the Magistrate—Collins was not examined before the Magistrate; he was ordered to be in attendance, and was there, but was not examined—he is a jobbing gardener—it was no doubt necessary, from the deceased's age and infirmities, that the prisoner should move and assist in moving him about—I have seen her assisting him, and I have seen her washing his feet and dressing the wounds on his heels from the chalk stone gout—the stones came out of his heels, and likewise out of his fingers—I was the first witness examined before the Coroner.
MR. COOPER. Q. You have known this Collins? A. Yes; I do not know that he and the prisoner were very intimate—I have never seen them drinking together, nor eating together—I do not know that they are intimate.
MR. CLARKSON. Q. How long have you known Collins? A. I should say these twenty years—as far as I know of him be is a decent, respectable man in his vocation.
DAVID KEY . I am a surgeon, living at Brixton Oval. I am a member of the College of Surgeons—I have been in the habit of attending the late Mr. Jones medically for the last eighteen years—I have known the prisoner for that time—she lived in the house as his housekeeper for about thirteen or fourteen years—on 10th Jan. last I was called to Mr. Jones's house about half past 5 o'clock in the morning by Evans—I did not get there till a little after 8 o'clock—will you allow me to explain why I did not go before, as observations have been made about my being so long in going? I was sent for to another patient, who died that morning, and I could not get there before—I found Mr. Jones in the back parlour, lying on his back on the sofa; he was quite dead—he had his usual dress on, except his coat—I am not quite sure whether he had his coat on, I think not—I saw the prisoner there—she was in the room when I came in—I asked her some questions about his death—she said he died about half past 3 o'clock—I asked what time be had been down—she said he was lying there all the night—I said, "Why not get him to bed?"—she said he was so helpless the night before that she could not get him up to bed, and he requested her to sit up with him, which she did; that he lay on the sofa till about half past 3 o'clock; that she gave him a little water, and immediately upon giving him that he died—I asked her what time he came down on the Sunday, the day previous—she seemed to be unable to tell me, till at last I found that he came down about 4 o'clock on the Sunday afternoon, that he had his dinner in bed, and came down after dinner, and that he had not gone up stairs again—I asked her if he made any noise, any snoring, or any symptom of apoplexy—she said no—I asked if he had said anything—she said he asked her for some water—I said, "Did
be say nothing more?"—it was a very confused account that she gave me—I did not make any further inquiry with regard to his state during the night—I do not remember asking as to his being insensible or not—by his asking for the water I considered he was sensible—I then proceeded to make an examination of the body—I examined the whole of it externally—I saw several bruises on the head, principally the right temple, and one at the back part of the head—they were contusions, not wounds; the skin was not broken—there were several marks on the top of the head and slight abrasions of the skin, but the two principal ones were the one on the right temple and the one at the back of the head (pointing out their position)—there were also two on the forehead—they were old affairs—I mean they might have been done ten days or a fortnight before—among the bruises I saw, some appeared to have been inflicted a longer time than others—those on the forehead were the remains of former bruises—the contusion on the right temple might have been done within a week, or it might have been done within much less time—that at the back of the head might have been done within five or six days, or a week, or it might have been done very recently—it was rather more puffy than the one on the temple, rather more swollen—that would lead me to believe that it had been done a shorter time than the other—this was my opinion from viewing the wounds externally—there was also another wound on the lower part of the middle cartilage of the nose, that part which divides the nostrils—I cannot say it was broken, but it was in a state of ulceration—I cannot say whether that was from a fall or a blow-—it had been done a longer time, I should think—the septum of the nose was ulcerated—that might have been from violence, or be might have had a fall—the ulceration might have been caused by violence or by a fall—what I mean is, I do not think it was done by disease—that injury must have been done more than a fortnight, it was not of recent occurrence—there was a bruise on the right knee, and an appearance as I thought of a burn on the left knee—the injury on the right knee might have occurred from a fall on the knee or the side of the knee—it might have been produced by his falling on his knee—it was a very slight bruise, there was very little appearance of it—I think those were all the external injuries that I observed—I afterwards proceeded to make an internal examination of the head—on taking off the scalp I found a number of patches of extravasation on the right side of the head, corresponding with the external bruise on the right temple, and effusion of blood—the extravasation was on the scalp, under the bruise—the effusion was inside the head—the patches of extravasated blood were outside the head, beneath the scalp, between the scalp and the bone, and the effusion was inside the head.
COURT. Q. Is effusion of blood different from extravasation? A. Extravasation is a small effusion, and when it is in a large quantity then it is called effusion—that was at the same side as the bruise on the left temple.
MR. HODSON. Q. Was the blood that was effused there immediately in contact with the brain or not? A. No, because there was the membrane between—I found effusion of blood between the dura mater, which is the external covering of the brain, I should think to the extent of an ounce and a half or two ounces—that amount of blood in that position would cause a pressure on the brain, and that pressure would be sufficient to cause death—the substance of the brain itself, independent of the pressure, was perfectly healthy—it is possible, notwithstanding that pressure, that he might continue to have his senses down to the act of death, or within a few minutes of death; because it does not follow that the effusion took place immediately upon the violence used; I mean it might have accumulated gradually.
Q. Did you have any conversation with the prisoner about what you found in the internal examination, or about the bruises? A. Upon being asked about the nose, she explained that he had fallen on the stairs, and that he was always falling about; that he had a fall in the garden—I think she said the fall on the stairs was a long time ago—I do not know that she said when it was that he fell in the garden—I had seen Mr. Jones about two months before; he was then perfectly well in health; I did not observe any bruises about him at that time; I had on previous occasions; about the beginning of Aug., last year—except being subject to the gout, I should say he was a perfectly healthy man—I saw him about the first weeek in Aug., about the 7th or 8th Aug.—I then observed that he had some bruises on his face—the prisoner was present when I saw him in Aug.—I asked him, in her presence, how he came by the bruises—she said, "Don't tell him," and he did not answer me—she was very abusive to me—(MR. CLARKSON submitted, that what occurred in August could have no bearing upon an inquiry into the cause of death in January. MR. JUSTICE ERLE suggested, that the evidence should be confined to that which was connected with the cause of death, and to that which had a tendency to show a malicious motive. MR. BODKIN stated, that it was upon the latter ground that the evidence was tendered)—she was very abusive to me for speaking to Mr. Jones—when I asked Mr. Jones how he came by those bruises, she said, "Don't tell him;" and she said, "I have got the money, and you told Mr. Jones not to do it"—I told her that I had given Mr. Jones conscientious advice—I had given Mr. Jones advice about money—I think I had had conversation with the prisoner before, on the subject of Mr. Jones's money, but not upon that individual point, the transfer of the 1,000l.—when I said I bad given him conscientious advice, she said that she had got the money, and that I had advised Mr. Jones not to do it—she went on for about an hour—it was mere personal abuse—if I was to give you the whole of the conversation, you would think I was casting ridicule on the Court—her conduct towards me was more from a personal quarrel, that I had advised Mr. Jones not to do this—(MR. JUSTICE ERLE thought this personal altercation could not be relevant; the evidence was not pursued)—I produce the probate of the will of the late Mr. Jones—I am the executor under it—(MR. HODSON stated that the will was dated 11th May, 1850, and that the prisoner was made residuary legatee)—I think I had seen Mr. Jones once or twice since Aug.; I have been to the house once or twice; I have not always seen him when I have been; sometimes I could not get in; that was previous to Aug., from May to Aug.
Cross-examined by MR. BALLANTINE. Q. I believe you made this will? A. Yes, I did—I made it myself, with the knowledge of the prisoner—she did not send for me to make it—Mr. Jones first spoke to me about it—at the time I was called in to make the will, she was his only attendant, she did not say anything about making the will—Mr. Jones spoke to me about it; I went to make the will by the appointment of Mr. Jones—she was not present when I was making it; I made it at my own house—the first time Mr. Jones spoke to me about making the will was seven or eight years ago—the will I made was upon the instructions that he gave me seven or eight years ago—the present will was not made upon those instructions—he gave me fresh instructions, not renewing those of seven or eight years ago in every point, because he altered it.
Q. I believe he felt it due to you to leave you 300l? A. Yes, I duly inserted that in the will, assuredly—will you allow me to state what he first said about the will?—I did not draw it at my own house, and then take it to him
to be executed; I drew it at my own house, and took it to him to look over it; and when he had read it, I told him to bring it down to my house, and he should execute it—he did bring it down to my house—nobody came with him, he came by himself—I had not told him to come by himself, nor suggested that he had better not bring Mrs. Vickers with him—he came alone, as he had always done previously—I have drawn many wills before; I have drawn the will of a person dying of cholera when an attorney was not to be found—no attorney was present at the drawing of this will, nor any one on Mr. Jones's behalf; I am no relation of his, only an old friend—it was in Aug. last that the prisoner's abuse of me took place; she did not refer to the legacy that I had left to myself; not at all—that was not a part or a principal part of the abuse; it was not referred to—I only wanted to know how he got those black eyes—she did not say a word to me about how I got the legacy—I think the prisoner had lived with Mr. Jones in his wife's lifetime; I think she came to him before his wife died, I am not quite sure—she died in 1838—the prisoner had been in attendance upon Mr. Jones from 1838—he had no domestic servant except her—she had to perform all the offices of the house, and to attend to him, and to all his wants—he suffered from chalk stones, that arises from gout—they ulcerated, especially about the heels and hands—that would render him extremely feeble—he might be liable to tumble if left alone; I cannot say that he would not tumble down; still it did not impede his walking very much.
Q. Should you, as a medical man, leave a patient of yours, of eighty years of age, and upwards, with ulcerated chalk stones, to walk about by himself? A. Well, he could walk by himself, and walk very well—you ask me would I leave him alone; and I say I should not have had the least hesitation in leaving him alone—he could walk about alone—I certainly should not have the least hesitation in leaving a patient of mine in Mr. Jones's state to walk about alone—he could come down to my house—he has been to my house much within a year and a half ago—he might have come down alone once or twice within the last two years—I cannot tell you any time at which be came—I should say he has come to my house alone within the last two years—I have no doubt that he might; but I cannot say—I cannot say positively—if I could remember the date I could swear to it—he often used to come in when he was passing—when I saw him at his own house in October, he walked up and down stairs, and walked about very well—I would not undertake to swear that he walked down to my house within the last two years, not without being able to give you a date—I should say that within these two years he was fully competent to do it.
COURT. Q. Nobody asked you that—you are asked for a fact—you say you should say he has come to your house within two years—the learned counsel has asked you to carry back your recollection, and collect your thoughts, and then asks if you are certain of that? A. I cannot recollect from any particular circumstance that he was there within two years—he was at my house at the date of the will—that I can swear—and that is not much above two years.
MR. BALLANTINE. Q. Did any other gentleman besides yourself make a post-mortem examination, or assist? A. My brother went with me—he is not here—he did assist me, but not with his medical knowledge—he is a student—there was an ulceration of the cartilage of the nose; the cartilage was entirely gone—that would not be from defective circulation—I never saw a case of ulceration ensuing from a slight scratch in old persons, in consequence of a languid circulation—I cannot say it might not exist—that had nothing
at all to do with his death—there were bruises on the forehead—they had nothing to do with his death—there was an extravasation of blood between the bone and the scalp, a bruise on the right temple, and one at the back of the head—there was extravasation there, in the scalp, but not in the head—I cannot say that that had nothing to do with the death—there was extravasation under the scalp; but there was no effusion in the head—the contusion at the back of the head might have caused death, from concussion only—there might be concussion without any mark at all.
Q. What I want to get at is, not a speculation about concussion, but whether there was any blood, connected with that bruise, which was in any way whatever connected with his death? A. There was no effusion from that contusion at the back of the head that would cause death; but he might have had concussion—I do not mean to say that that bruise had nothing to do with his death—it possibly might, by concussion—if there had been no effusion at all in the head, I should have said he died from the effects of concussion—concussion does not cause blood at all—if vessels get full and burst, that it not concussion—concussion does cause that—I do not know that apoplexy is constantly caused by concussion.
Q. You have spoken of two blows on the forehead which might have caused concussion; was there any difference between the blow at the back of the head and the two on the forehead? A. Most assuredly; the one at the back of the head appeared more extensive, it is a more important part of the head—a blow there would be more likely to shake a person—there was no effusion of blood there, still he might have died from the effects of that blow—I suppose that bruise at the back of the head had existed, it might have been, three or four days—not so much as a week or ten days; four or five days was the utmost—concussion would cause insensibility at once.
COURT. Q. IS that your mind?" The blow at the back of the head was within four or five days; if death had been caused from this blood from concussion, immediate insensibility would have followed the blow;" is that so? A. Yes; but the effusion might have taken place in much less time than three or four days, it is impossible to say—I say the bruise could not have been caused longer than five or six days.
MR. BALLANTINE. Q. Am I rightly reporting what you have said, that if that had caused concussion five or six days before, insensibility would have supervened immediately? A. Supposing it bad been done that time—if it had been within a few hours of his death it would have had the same appearance as if it was four or five days before.
Q. Then, whenever it occurred, there would have been insensibility from the time of its occurrence? A. No; the man might recover from the effects of concussion in a few hours—if he died of it, he would not recover—a man when he becomes insensible from a blow, may recover, or he may die in a few minutes—with respect to the blow on the right temple, I not only found extravasation beneath the skin, but effusion on the brain—that was quite sufficient to account for the death, if there had been no other blow; and supposing I had seen no other bruise than that on the back of the head, I should have said, "This man died from concussion," because it left nothing at all behind it—if I also found effusion of blood, I should say either one or the other caused death.
Q. Have you the least doubt in the world that death was caused by effusion of blood from the blow on the right temple? A. I have not the slightest hesitation in saying that death was caused by violence; he might have died from the effect of concussion—I have not the least doubt that the quantity of
blood I found effused on the brain would cause death; I say it was quite sufficient to cause it; or he might have died from the effects of concussion from the blow at the back of the head—there was sufficient evidence of the blood effused on the brain having caused death, I firmly believe that that was the cause of death; or it might be the effect of the blow at the back; it is impossible for me to say which of the two blows caused it.
Q. I must have an answer to my question in the form in which I put it. Do you, as a medical man, believe that death was caused by the effusion of blood on the brain; you must have some belief, surely? A. There was evidence enough of it, I can say no more—there was quite sufficient to account for death—I can only answer your question as I did just now; it was either from that, or the effect of concussion—I should say there was quite evidence enough that it did cause it—I believe that the effusion of blood was occasioned by the blow on the right temple.
Q. Did you hear a man of the name of Collins examined before the Coroner? A. Collins was examined before the Coroner—I heard him examined—I think I was in the room at the time he gave his evidence—I do not think I have any doubt about it—I am not quite sure—I have no doubt I was in the room at the time he was examined—I do not think I said, after hearing what Collins said, "This will account for his death."
MR. BODKIN. Q. Were you examined before the Coroner? A. Yes; what I said was taken down—(MR. BODKIN submitted that if it was sought to prove any contradiction on the part of the witness, the regular course was to put in the deposition. MR. BALLANTINE did not intend to allude to any portion of his evidence that was taken down, but only to an observation made upon hearing Collins examined. MR. JUSTICE ERLE considered it admissible)—I have no doubt I heard Collins examined; according to my belief I was in the room at the time, I dare say I was—I think I heard him examined—I was out of the room a good many times—I should say I did hear him examined—well, I say yes—I was in the room at the time.
Q. And directly he was examined, did you not say "This fully accounts for the death?" A. I did not use those words—Collins was speaking of the deceased having a fall in the garden—the Coroner wanted to know whether that might have been the effect of a fall—I do not remember making use of that observation.
MR. BODKIN. Q. Whatever you may have said touching Collins' evidence was it, or not, in answer to a question put to you by the Coroner? A. I think it was from the Coroner.
MR. BALLANTINE. Q. Can you swear that it was? A. There was a solicitor there; I do not remember volunteering the observation, "That fully accounts for the death"—I do not remember having done so, except to the Coroner, when he asked me about it—I told the Coroner that I thought it was sufficient to account for the death—(MR., BODKIN again objected, as this was clearly in reply to questions by the Coroner).
COURT. Q. At the time the Coroner put the question to you, did you see whether what you said was taken down in writing? A. I do not know whether it was or not—it was subsequent to my examination, and after Collins had been examined—I do not remember the Coroner asking me, "Was this sufficient to account for the death?"—I do not think I said it was sufficient to account for the death—I believe the Coroner put a question, to me—I think it was after my examination, it was not during it, because Collins was after all were examined—I made a remark—I gave no opinion that this fall that Collins saw had been the cause of death—I do not know
whether what I said was taken down or not, I should rather say not—MR. JUSTICE ERLE, "I think it is admissable. "
MR. BALLANTINE. Q. Now, Sir, I ask you again, and I am very sorry to put it in this way, upon your oath, did you not, alter hearing Collins's account, say, "What I have now heard I think fully accounts for the death?" A. I do not remember having said so—I do not remember it.
COURT. Q. Once I understood you to say it did pass, or words to that effect? A. It might have passed, but I do not remember it—the Coroner called me in again while they were debating, and the question was asked whether this bruise did not have to do with the death—I told him no, it must have arisen from one of those two blows—I remember his asking me that, and I think he asked me whether what Collins had said he saw might have produced the blows; and I said, yes, it might have arisen in that way—I should say, as I have stated just now, I do not remember having said so, as to its being the occasion of the death—I was asked whether it was possible that the blow might have been produced by a fall, and whether the explanation that Collins gave of a fall might have produced it; and I said very likely it might; that was all I said—I think so still; but as to saying it was the cause of death, I do not remember saying it—the Coroner wanted to know whether these bruises might have been occasioned by a fall, in the manner in which Collins had described it—I said very likely a fall against a wall might have produced the bruise; that is, the bruise on the temple—my evidence before the Coroner was, that the death arose probably from the bruise on the temple—the matter which Collins described I said might have occasioned the bruise on the temple.
MR. HODSON. Q. Areyoustill of opinion that the bruise on the temple may have been produced by a fall? A. It might; and so might the bruise at the back of the head—I should think, I should rather say, that the effusion of blood was the immediate cause of death; it is impossible to say whether he might have died from the effects of the blow producing concussion, or whether he might have died from effusion; he might have died from the effects of effusion, or he might have died instantly from concussion—not having seen him alive it is a very difficult thing to say—the concussion would not have caused death through effusion of blood, merely from the depression of the vital power.
Q. Supposing a person to have had an injury on the right temple, which caused a congestion of the vessels in the interior of the head underneath it, but not an actual effusion of blood, and then a blow on the back of the head, might that blow at the back of the head have caused an effusion underneath the temple? A. I t possibly might; a blow on one side of the head will produce effusion on the other side—the blow at the back of the head might have been the cause of the effusion on the brain under the temple, but I cannot say that it was; it is impossible to say—it probably, in my judgment, arose from the blow on the temple—the blow on the back was the more recent—the bruise on the temple might have been received, and might injure the parts, and yet effusion not immediately follow—in that case I think a subsequent blow at the back of the head would be likely to produce the effusion—effusion might take place gradually, or it might not—-a subsequent blow would still further lacerate the vessels, and cause effusion to take place immediately, so that it might have been possible that he may have gone for a few days and not become insensible.
COURT. Q. That is supposing the first blow lacerated the vessels in a slight degree, and the second increased it? A. Yes; if the blow at the back
of the head was the first blow, it might have produced the effusion at once—I had never seen him fall-—I have not seen him very often in the course of the last two years; I cannot say that I have seen him once or twice a month; he was very seldom out—when I saw him in Oct. it was at his own house—he was walking about the house then.
THOMAS HILLYER . I am a surgeon, attached to University College Hospital. I have heard from Mr. Key a description of the injury said to have been received by the deceased on the right temple, and the appearance of the head, on post mortem examination, having an extravasation of about an ounce or an ounce and a half of blood pressing on the brain—I have also heard a description of the puffy wound at the back of the head.
Q. Supposing a person to have received, either by accident or design, a blow or injury on the temple, and to have remained for some time after in a state of consciousness, and after death to have presented the appearances that Mr. Key has described in this case, in your judgment is it probable that the first injury on the temple might have congested the vessels of the brain, and that a subsequent blow or injury might have caused a lesion, and so a suffusion of blood on the brain? A. I think it probable that a blow on the right temple at a previous period would render a man more likely to suffer from a second blow, and to suffer more severely than if no such previous blow had taken place—I do not enter into a physiological explanation, but so far as the facts are concerned, I think a previous blow would render a man more likely to suffer severely from a second blow, and in a different part of the head—a blow on the temple, not followed by such a suffusion of blood as to cause insensibility, would be likely to be followed by a highly congested state of the vessels—I think the vessels of the head in that congested state would be more likely to be ruptured by a subsequent-blow, even of a slight character, than if they were in a state of health—I think a subsequent blow in any part of the head might have that effect—it would be more likely than under any other circumstances; anything that increased the circulation would have a tendency to produce extravasation in the part.
Cross-examined by MR. CLARK SON. Q. When were you subpœnaed; I see your name is not on the back of the bill? A. I was not subpœnaed—I was told some time ago that I should be expected to be here, by the solicitor; I do not know whether it was Mr. Scadding—I am twenty-two years of age—I have been at University College Hospital four or five years, as a student, and also in practice as house surgeon—I think it is impossible to say absolutely what was the cause of death in this case.
Q. Does it not repudiate the notion of concussion producing the death, the result of the blow behind, when you imagine it possible that the blow behind might have produced the effusion that was found under the scalp? A. The two suppositions of course could not exist at the same time, though they are not incompatible—they are incompatible, but they are allowable as suppositions—I never saw the body—I think it would be highly dangerous for me to take on myself to say what caused the death, and I should not wish to undertake to do so—I think the circumstances detailed by Mr. Key render it impossible to say what was the cause of death.
MR. BODKIN. Q. When you speak of the impossibility of stating the cause of death, do I understand you to mean the proximate cause of death, or that which led to the proximate cause? A. I think it is impossible to say absolutely what caused the death—finding one ounce and a half of blood pressing on the brain, I should not find it at all difficult to account for his death, but I should be unable to say positively that that did cause it, if I
found no other cause; I should say, in all probability that did cause it—if the general appearance of the body was healthy, I should say the very strong probability would be that the cause of death was injury to the head; I would not say what injury, but seeing a number of bruises external and internal, unless I saw the patient during life, I could not say what was the cause of death.
SUSANNAH ALLEN . I am a single woman, residing at No. 5, Springfield cottages, Acre-lane, Brixton. I have lived there more than fourteen years; before Mr. Jones came—I lived next door to Mr. Jones, and was in the habit of seeing him daily—I remember his coming to me on New Year's day—he came to the garden fence, which is a low fence, between my house and his—on his coming to the fence, I saw that he had a large bruise, a large lump on the right temple, about the size of a walnut—and just above that there was a large wound on the right side of his head, about the size of a moderate sized teacup, as though the flesh and hair were cut off it—it was bleeding—it appeared as though it had been inflicted about a day and a half—blood was issuing from it—I observed nothing on the left side of the temple—I observed nothing more on that occasion with respect to his appearance—he appeared in good health and cheerful, he was quite jocular with me—formerly I saw him daily—before New Year's day I saw him only about once in two or three weeks—I have seen him frequently at the fence, and sometimes at the side door—he would have to walk from his house to my fence not so far as from this rail to that corner (pointing to the rail of the witness box and the corner opposite)—he walked without support—he was able to walk some distance about the garden, and run if occasion required—I last saw him before 1st Jan. at the door—I had not seen him in the garden with the prisoner for a long time before that—I should say the last time I saw him in the garden with her was about six months ago—after New Year's day the prisoner came to me—I recollect when she spoke to me about some money—it was last spring—she told me that Mr. Jones had promised to make over 1,000l. to her, but that Mr. Key had prevented his doing so, but that she had defeated Mr. Key, for she had got it done, and as soon as the breath was out of Mr. Jones's body she could go to the Bank and take the money—she said she was tired of waiting for an old man, and then she would get married to a young one—she said that she would make Mr. Jones remember going from his promise as long as he lived—nothing more passed on that occasion—she has repeatedly come again to me, and spoken upon that matter since then—on the Thursday before his death she did so—she said she was tired of her job, and should be glad to get rid of it, that was, waiting on Mr. Jones—she then said he would never go where he had been the Thursday before—that was to take an annuity—I said to her, "Why, Elizabeth, you alarm me by saying so"—I said, "Is Mr. Jones ill? because if he is, and you want assistance, call me, and I will come at any time; I will fetch Mr. Key or any other doctor you choose"—she said, "Oh, no, he is very well, but I shall know where to come to if I want assistance; but I tell you he will never go where he was last Thursday, though he eats and drinks very well; but I shall be glad to get rid of my job," and she then went in doors—this was all at one time, on the Thursday previous to his death—I heard of his death on Monday morning, 10th Jan.—on the Friday before his death I remember the prisoner coming to the house—it was a little after 11 o'clock at night—I was near the fence I have been speaking of, close to the house, very near the front door, Mr. Jones's side door—I was looking out, and saw her lying on the ground, near the door—she was very much intoxicated—she
said had she been at borne when Mr. Key was there, and Mr. Jones let him in, she would have kicked him out—when she said this she addressed a policeman, who was standing over her—I do not know his name—the policeman was nearer than I, because he was by her—he was speaking to her—she said if she had been at home when Mr. Jones let Mr. Key in she would have kicked, him out, and if she had been at home when the police came in she would have kicked them out; and she was calling out, "Old Jones, let me in, let me in!" repeatedly—after lying there about half an hour the door opened, and was immediately shut again; as the door opened I could not see who it was inside—the policeman was there at that time, entreating. her to get up and go in—she did not go in then—when the door opened I did not hear any one speak—the policeman endeavoured to get her up for a long time—she said no, she would not go in while he was there—the policeman said, "We do not want to go in, I want to get you up to get you in;" but are could not prevail upon her to get up—then he withdrew for a short time—he went to the end of the house, and looked towards the gate, and saw several persons standing there—he then came back to the door, and assisted her up—the door then opened, and she went in—I could not see who was inside the door—the door was not latched, it was put to—she went in, and the door fell to—the door opens inside—I cannot tell who opened it—it was opened by a person inside; but I cannot say who, and then the door shut to—in a few minutes after the door shut to, I heard a heavy fall in the passage—it was the fall of a person—I heard no words—the stairs are not above three feet, I should say, from the door—the staircase is quite straight—the fall appeared to be as though a person bad fallen on the stairs—after this I left, and went to my bedroom—-my bedroom is so situated that I could hear what passed in the room, if there were, anything like words, or anything of that kind—I heard no noise before I went to bed—I went to bed immediately—that was 20 minutes to 12—I heard nothing till 7 o'clock the next morning (Saturday)—I then heard the door shut—the side door of Mr. Jones's house, which I had seen fall to the night before—I got up about 8 o'clock, and found the house closed—by the side door I mean the same door she got in at the night before—the shutters were shut back and front, and the blinds all drawn—I had only seen the house so before on one occasion; that was somewhere in the autumn—on Saturday the house was closed the whole of the day—during that day I saw the prisoner at 1 o'clock—I saw her come out at the side door, go to the front of the house, and give some musicians that were playing some money and some drink, and they then went away—I went out to meet her to ask how Mr. Jones was, fearing he was ill, and she avoided me—she walked in very fast, finding I was going to speak to her—she shut the door after her—I did not see her any more that day—I went to bed as usual—I did not hear anything on the Saturday night—I frequently listened at the house to hear if I could hear Mr. Jones; he was accustomed to cough frequently—on that Saturday night I heard no cough, or any noise whatever the whole night—I was awake at different parts of that night, I am frequently up during the whole of the night, attending to my afflicted father; he was then ill, and that accounts for my being awake—I did not see the prisoner again on Sunday morning—at 9 o'clock on Sunday morning the postman came as usual with newspapers, he came into my garden, and threw two over the fence at the back door—they remained there till 11 o'clock—the house at that time was closed, the same as on Saturday, the whole day; but I think I had better tell you what occurred on the Sunday—I left at 11 o'clock to go to church, and listened then to hear if I could hear Mr. Jones
or see Elizabeth; I could not—when I came home at 1 o'clock the shutters were closed, but the blind at Mr. Jones's bedroom was drawn up, and Elizabeth was standing at the window—she saw me come in at the gate—I nodded, as I was accustomed to do, and she did not nod again, but seemed very agitated indeed—then, as I came nearer the house, I nodded again—she did not nod, but seemed very agitated—I went to the back door to see if the papers were still lying there—they were—I then went into the house, and inquired, "Has Mr. Key been?"—I did not inquire at Mr. Jones's—on Sunday night I went to my room as usual to attend my father—during Sunday night I heard no noise; but on Sunday afternoon I saw the prisoner at 5 o'clock—she came to the back door, took up the two newspapers, looked up the opening, and went in—she said nothing to me, nor I to her—on Sunday night all was still—I listened frequently; I heard no cough—on Monday morning I heard no noise at all—I went to bed myself on Sunday night about 11 o'clock—I rose on Monday morning between 7 and 8 o'clock, when I awoke.
Cross-examined by MR. BALLANTINE. Q. You do not seem to have any particular employment except your attention to your afflicted father; have you any other employment? you do not seem busy about your own concerns? A. No; this was when I was attending to my own concerns—I do not prefer attending to those of my neighbours.
Q. Then was all this listening and watching to assist in your own business, or other people's? A. At the request of Mr. Jones, who told me he feared he should be murdered by his housekeeper, and knowing him so many years, I watched and listened—that was not my motive for listening, I heard disturbances—I heard from Mr. Jones that he was going to be murdered by his housekeeper—any person possessing humanity hearing a noise, would immediately rise from their bed, I should think; that was the reason I was watching—I called this woman Elizabeth; we were upon neighbourly terms, we were good friends—as to good friends, she was insulting to many neighbours, but not at all times—she was not insulting to me at the present time, she had been formerly, we were good friends—she said she knew where to come when she wanted help—we were quite good friends—latterly she was not insulting; she behaved well so far as regards a neighbour—I had no reason to say anything against her as to myself—she called me Miss Allen—she said she did not like to be called anything but Elizabeth, and she thought if people called her Miss Vickers, it was treating her with contempt; that was why I called her Elizabeth—she did not call me by my Christian name; and I should not have called her Elizabeth if it had not been at her request—I saw her on Friday night in a state of intoxication—she could not walk when I saw her—she was lying quite drunk—she had assistance—there was a policeman and several neighbours looking on—she was lying outside the door—she went in—no one went in with her—the door slammed to, and then I heard a tumble—I did not think it worth while to go in; if 1 had I should have got insulted.
Q. I thought latterly she did not insult you at all? A. She would have done so in a case like that—there was a policeman outside—there was no occasion for me to go—it was not from fear of being insulted—I have seen her insult other persons—upon that occasion I said I might have been insulted—there are not many feet between these two houses, about six, I should think—there is a wooden fence between the two houses, and a couple of brick walls.
Q. Do you do any particular work to earn a livelihood? A. I am not bound to answer such a question as that.
MR. BODKIN. You had better answer the question. Witness. Had I, Sir?
then I will. (To the COURT). The gentleman wants to know how I gain my livelihood; am I obliged to answer the question? COURT. I know of no legal objection to it. Witness. I do not work to obtain a livelihood.
MR. BALLANTINE. Q. What doyoudo to gain a livelihood? A. I will tell you, as you are so desirous to know; I let my house furnished, and by that means obtain a livelihood—I let apartments—I had lodgers in the house at this time—that night there was one, a young man—his name is Vassay; he is servant to a lady in the neighbourhood; he was there at the time—he is a regular lodger—he rents a room; at least, his mistress does for him—it is the front room—that is the side next Mr. Jones's—he was at home that night—he was in bed in his room—he if not here—I was out by the fence—it was between 11 and 12 o'clock on Friday night when Vickers was lying there drunk—I was in attendance on my afflicted father—he was then sitting by the fire, down stairs—I was attracted by the noise, and went out—I saw Vassay again that night, because he spoke to me, and wanted to know if that was that woman at the next door drunk again—that was between 11 and 12 o'clock—I ran into that room to see what neighbours were looking; out—I ran into his bedroom—he was in bed—I ran there, because I thought if assistance was wanted, I would call the neighbours in—that is at the top of the house—I went into his room to see who was up—he was not astonished to see me—as I was running to the window to open it, he awoke, and wanted to know what was the noise—I was then opening the window—I was not there long, I went out immediately—I was not in there one minute.
Q. What occasion was there to go into his room, to open the window? A. Because I did not want to go out; I had been out before, but I chose to go in there, because I could see so far both ways—I could not see so far at the front door, because that is a side view, and the other a front view—he did not come to the window—this was before Vickers went into the house—I did not tell you it was after this that I saw the footman, it was before—I cannot tell how old Vassay is, I should say about twenty—I went to look out at his window, to see if other neighbours were looking on—I could not look out at the parlour window, because the shutters were closed, and it would have taken a deal of time to undo them—it was merely to see if the neighbours were looking out—I could not see how many there were—I wished to know, because frequently it had been the talk of the neighbourhood that Vickers had been brought home, and lifted up over the fence—I looked out at the window, to see if others were there; it was merely to see—it was the first time I bad been up into the young man's bedroom—his mistress pays for him, 3s. a week—he was not the only lodger—at that time I had a lady in the parlour—her name is Palmer—she is not here—she is not lodging with me now—the was not up—she is very deaf—she did not hear it, but I told her of it next morning—the footman is not deaf—I slept in the back room—I went to bed immediately after 12 o'clock that night—I did not go to bed on Saturday night—I laid down with my clothes on—I went to bed about 11 o'clock—I got up on Sunday morning between 7 and 8 o'clock—I went to Church that day—I should think the Church is near half a mile off—I went to Church about 11 o'clock—I was late—a great part of the service was not over—they do not begin later in that neighbourhood than at others—they begin before 11 o'clock—it was 11 o'clock when I left home—when I got there the service had begun—I got home again at 1 o'clock—I did not go to afternoon service—I dined between 1 and 2 o'clock—my father dined with me—nobody else, I am quite sure—the footman came home on the Sunday
night, at about 10 o'clock—I went to bed between 10 and 11 o'clock—I got up on Monday morning between 7 and 8 o'clock—it was New Year's day when I saw the deceased—he was very jocular to me—very few words passed—I was not jocular to him; I said but very little; I merely smiled at what he said—his tailor had come there—he was a very jocular man when well—he had a dreadful bad wound—his hair was cut, and the blood was oozing out very bad indeed—it was on the right side, just about the temple; and there was a large lump on the temple—I saw the blood issuing from the wound, it ran down the hair—it seemed as if the hair had been knocked off by some hard weapon; I should think something of wood, as though with a heavy stick like a broomstick, or a large, thick walking-stick—it looked like that—it must have been a very severe blow—I did not offer to plaister it for him—I am sure it was bleeding—I am sure it was an open wound—not a mere bruise, but quite an open wound—I should say it was done the day before: the blood was issuing from it—that had not a tendency to make him jocular—he was not a heavy man, he was a light man—formerly he was stout—latterly he was reduced very much indeed—he was eighty-three years old—he was not bald—a very little thinness at the top of his head: for an elderly man he had a good deal of hair.
MR. COOPER. Q. Was this window you looked out at a window that looked into the road? A. Yes; it was the only window I could look into the road from—I could not go into the parlour, because it was locked, and therefore I went to look out of his window—I was anxious to know what neighbours were there, for his safety—the bruises I saw on New Year's day appeared to be made by a stick—I had not heard anything to lead me to suppose they were so done.
COURT. Q. On the evening of New Year's day, did you see Mr. Jones and Vickers together? A. No; but I heard her beating him most violently, and telling him that she would get his life out of him, and that she would have her revenge.
MR. COOPER. Q. On the evening of New Year's day, did you hear anything in the house? A. Yes; at 5 o'clock the prisoner returned—she had been out nearly the whole of the day getting drunk—at 5 o'clock she came home, and directly she went in she commenced beating Mr. Jones, because he had shown himself out whilst she was out, and she said, "Did I not make you promise me you would not show yourself out? but you have, and I will kick the life out of you;" and she kicked him, but she beat him for nearly half an hour before that—she found the tailor had brought some work home, and she said, "Did I not tell you not to show yourself out when I was out; but you will go out, and you will be letting old Key in again, and if you do I will kick him out of the house; "and then she beat him on the face—I could tell it was that by the sound—I had heard her slap him before—she said she wanted to go out again, and he said, "Don't go out again; your behaviour makes you look like a bad woman;" and she says, "You call me a bad woman,—you call me a whore! I will kick the life out of you;" and then she kicked him, and he fell down and groaned, and cried most bitterly—then she says, "Now come, get up, get up;" and she still kept hitting him and beating him—I could hear that it was with a heavy stick, as well as kicking him—I heard her say she would kick him, and kick the life out of him—then she says, "Come, get up, get up on the sofa. for I want to go out again"—I did not hear Mr. Jones speak after that, but she went out shortly after.
MR. BALLANTINE. Q. This quarrel was about the tailor coming, was it
not? A. It was about showing himself out, because she had for many months kept him shut in, not allowing him to go out—she did not know of his seeing me; that, poor man, he did in her absence—she would not let him go out if she knew of it—this occurred the night after he was so jocular with me—I saw him about 3 o'clock, and this occurred at 5 o'clock—this was not the means by which he got the wound I have spoken of—he had that wound before—nobody was with me when I heard all this, I was outside—Mr. Jones had told me that he feared he should be a murdered man.
Q. Did not you think it worth while to go and prevent his being murdered at 5 o'clock that night? A. Why, Sir, I had been told that unless I heard him cry "Murder!"I could not have the house entered—I have heard that from several persons—I had inquired, and learned that unless he called "Murder!" I must not go in, and the police had not power to enter the house till "Murder!" was called, and Mr. Key had told me to call "Murder!" and "Police!" and then I should have some one in—I know Mr. Key as a neighbour, nothing more—he said that in my presence—it was when Mr. Jones was showing his bruises to Mr. Key, and Mr. Key wished to take him away and place him in apartments, fearing what would be the end, from what Mr. Jones had told him—I mean to swear it was from what Mr. Jones had told him—it was from being told that I could not go into the house without hearing "Murder!" called that I did not interfere on that occasion—that was the reason, or I should have done it—that was the reason why I did not call the police, or interfere—I was at the fence when I heard Mr. Jones beaten, the garden fence, close by his parlour window, between the two houses—he was being beaten in the back parlour—I was very near the parlour window.
Q. Why not knock at the window, or break it? A. It was broken, and that was the reason I heard it all so plainly—I state facts to you—persons have been to the house when he was being beaten, and could not get in—I did not look in at the window because the blind was drawn—I noticed that—I did not try to get in—I could not look through the blind—I tried to look through the window—I did not touch the blind.
Q. Why not move aside the blind, and see what was doing; if there is one word of truth in what you have sworn, why not have screamed out to your neighbours and called attention to it? A. I knew they were about taking him away; means were being used to take him away, and I was to tell Mr. Key of all that occurred—whenever I heard the beating I was to tell Mr. Key, but I did not tell of that till after his death—it was not in my power to extricate him—I was watching for the purpose of telling Mr. Key—the reason I did not interfere at that moment was because I intended letting Mr. Key know, in case they had the power to do something—if I could have seen him out of the house, I should have dragged him down to Mr. Key's house—I had seen him that afternoon, but this dreadful beating was afterwards—he had a bruise when I saw him in the afternoon—it was a wound—I had then made up my mind when I saw him again to take him to Mr. Key's—if he had called "Murder!" I should have gone to the police—the only reason why I did not go the police was because he did not cry "Murder!"—this beating continued for about half an hour from the beginning to the end—I was standing at the paling—his groaning was at the last—I was at the fence then—I did not attempt to look through the hole in the window, because the blind was drawn—I never called anybody's attention to it—I intended to—I have frequently heard him beaten, and he has come to me afterwards—I am sure it was a stick that I heard him beaten with—he must
have had a good many blows—the first blow I heard appeared as though it was on the face; that appeared with the hand, after that she used the stick—I think it was a broomstick; there was scarcely a broom in the house but the handles were broken off—I have since understood that they were broken off in this way—when the door has been open I have seen long brooms without handles, and one I know was purchased, she told me so herself, not a long time back—I thought at the time it was a broomstick—all the brooms are broken—I have seen them standing there when the door has been left open—I have very little doubt they were broken about Mr. Jones's head, from hearing him beaten—months back I heard him beaten with a small stick like a cane, but since Christmas it has been with a broomstick—not a day since Christmas but he has been beaten with a very heavy weapon—I heard her beating him on this occasion I should say pretty nearly half an hour—I heard blows of different kinds—I should say nearly half that time she was beating him with the broomstick—I have not a doubt it was a quarter of an hour—it was not gently, but very heavy—she seemed to be doing it as hard as she could, it sounded like it—I could hear it was blows falling on a person, and I heard him say "Don't, don't 1 oh, don't! oh, don't!" several times—I had no doubt what was going on—I did not interfere because I knew it was Mr. Key's intention to take him away, and I knew his nephews would take him away as soon as they could get him outside of the house—they have been repeatedly to take him away, and the door has been shut in their face, and she would not let them enter, and I was looking for them to come to put an end to this—I did not expect them to come at that moment. Q. But do not you see, here is an old man, eighty-three years of age, being beaten in a way that must have soon killed him? A. And I have heard him beaten quite as much as that, and seen him the next day with black eyes; I have seen him with three bruises on his head at the same time, therefore I hoped I should see him again, and I was in hopes of seeing a policeman to take him away to Mr. Key, the executor—I could not do it—my father was in my house at the time, nobody else, I am sure of that—this is a retired neighbourhood, there are not many persons passing; where we live it is very retired—a gardener lives in the next house, his name is Conolly—I did not knock at his door—they are people that have not interfered in the business—I should have let Mr. Key know—the Conollys bad not the power to take him away; that is what I mean; they had not the power to interfere in the business any more than I had; it was the executor and the nephews that could interfere, I could not—I had a very good reason for not speaking to Conolly—he is no more than a private individual—it had been the opinion of the neighbourhood for a long time that Mr. Jones would be found murdered; but they said Mr. Key and the relations were about to interfere, and they would not do anything in it—I knew, that without bearing, "Police!" or "Murder!" cried, Conolly could not have had the house entered any more than me; and then he is very deaf, that he could not have heard it if I had called him—I feel persuaded he could not have heard Mr. Jones, he is too deaf; he might have heard me, but I dare say he would not have gone upon what I said; he must hear himself, to go before a Magistrate or to the police—I do not think he could have heard Mr. Jones—I did not think of that at the time, it is your speaking of it makes me say it—Miss Hammond lives at No, 3—she is not deaf—she has no servant—I did not think of knocking them up; I did not know them at that time—during the whole of this half hour I did not see a person pass by—I think I should have seen them if they bad; it was dusk; I cannot tell you anything
about persons passing, I did not see a person—there are police on that beat, of course—I have told Mr. Key how Mr. Jones has been ill treated.
MARIA HAMMOND . I am single. In Jan. last I went to live at No. 8, Springfield-cottages—that is the house immediately adjoining the one where Mr. Jones lived—-a brick wall separates the two—you can hear in one house any noise in the other—I remember hearing of Mr. Jones's death on the morning of the 10th—on the Sunday night before that Monday I slept in the back parlour, which is even with Mr. Jones's sitting room—I was awoke about 8 o'clock, or from that to half past 3 o'clock in the morning, by a heavy fall—it appeared as if he had either fallen out of his chair, or off his couch in the back parlour—I did not hear more than one fall, and after that there was quite a dead silence—I had not heard anything before the fall—the dead silence continued not more than a few minutes—I then heard some one go out of the house—it appeared as if it was to get some assistance—in the course of the night I heard the deceased's voice—it was very trifling indeed, no more than saying,"Eh, what?"—whether it was him or no I could not say—I could not distinguish whether it was his voice or no—I knew his voice he was very hard of hearing—I had gone to bed about half past 10 o'clock, or from that to 11 o'clock; I was awoke by the fall—I did not hear anything between the time of my going to bed and the fall—before I went to bed I heard a very great deal of angry talking—I heard it the whole of the Sunday evening, from 4 o'clock in the afternoon—I heard that Vickers was talking to some one there—I heard no one answer, except, "Eh! what doyousay?" and "Eh! what?"—I heard that from 4 o'clock till the time I went to bed—there was a great deal of angry talking—I could distinguish Vickers' voice—I could not say that I distinctly heard what she said—yon may hear angry talk, but may not distinguish what the words are—the voice that said, "Eh! what?" appeared to me the way in which Mr. Jones generally answered—I heard some one talking to Vickers up stairs on the Sunday; I cannot say it was him—that was even with the bedroom that I was in—the front room first floor—I heard Vickers talking to some other person in that room from 8 to half past 4 o'clock in the afternoon—there was a great deal of angry talk up stairs, and then they came down into the back room, ground floor, the room adjoining the one where I slept.
ANNIE GRAY . I am the wife of Charles Gray. We occupied No. 8, Springfield-cottages, up to the 7th of December last year—I have lived there nearly three years—I had been in the habit of seeing the late Mr. Jones and the prisoner—the last time I saw him before I left the house was in Oct.—before that I had seen him two or three times—I cannot say exactly when—it might have been a month or so before Oct.—the last time I heard anything passing in their house, was when I heard Mr. Jones crying, "Murder!"—they were talking about money—I cannot say when it was, it was so very often—the last time was the night before the Saturday that I left the house—I heard her say, "Give me the money, and let me go?"—I presume it was the prisoner that said that—I was acquainted with her voice—he did not make any answer—I then heard her to all appearance beating him—he groaned very much (MR. CLARKSON objected to this evidence, it obviously having no relation to the cause of death. MR. BODKIN tendered it as evidencing the state of the prisoner's mind towards the deceased but upon the objection being pressed, did not pursue it)
Cross-examined by MR. CLARKSON. Q. Did you hear any voice say, "Pray don't leave me?" A. Mr. Jones; he said, "Pray don't leave me"—that was when she said, "Give me the money, and let me go. "
MR. HODSON. Q. Now be kind enough to go on and tell us the whole of what passed on this occasion? A. I heard severe groaning as of a person in very great agony, and a stick to all appearance put to the side of the wall—it sounded like that—it appeared to me as if it was put in a corner of the wall—I heard nothing after that—he was silent—I cannot say how long this noise continued—it might be five minutes—I did not mark the time.
JOHN GRANT (policeman, P 170). I was on duty in Acre-lane, Brixton, on the 10th of January—I saw the prisoner that morning about a quarter to 5 o'clock—she came out of Mr. Jones's house, and went into the gate of Mr. Evans's—upon her return I spoke to her, and wished her good morning—she made no reply—she appeared to me as if she had been drinking, or was very much agitated.
WILLIAM JONES . I am a draper's assistant at 155, Tottenham-court-road. I am the grand-nephew of the deceased Mr. Jones, and am the prosecutor of this inquiry—my uncle was in the eighty-fourth year of his age—in August last I was at his house—he was there—the prisoner was in the adjoining room; my uncle was about to make some communication to me, upon which the prisoner came into the room, and prevented him—he was timid, and he did not make the communication—after that I went four or five times to my uncle's house—I did not see him on those occasions—the prisoner refused him to me—I saw her, and she said, "You shan't come in"—that was the case on each of the occasions that I went there—the last time I attempted to see him was three weeks before his death—when I heard of his death I went to the doctor's, and after I had been there I went to my uncle's house—I found the prisoner there—I noticed marks of violence about his person—there was a great swelling of the face, and the cheeks were quite as high as the nose—there was a great cut underneath the nose—I asked the prisoner how he had received those injuries—she made no answer, but walked out of the room—I did not ask her any other question about him.
HENRY WHITE (policeman, P 111). I was on duty in Acre-lane, on 1st Jan. I know the house that was occupied by Mr. Jones—I saw the prisoner at 12 o'clock that night coming home, I believe from the Duke of Wellington, but I did not see her come out of there—a man named Collins was in company with her—they went as far as the front gate of Mr. Jones' house—the prisoner was drunk—I saw the deceased Mr. Jones in the garden, lying down—I had seen him fall—he was in the act of shutting the shutters—he had no hat on, or any coat—I did not see him come out of the house—the shutters are in front of the house, towards the road—he shut them as close as he could, and turned with the intention of walking in doors, and in doing so he fell in a forward direction—he did not fall against the wall, I am quite sure of that—he fell on the gravel pathway upon his hands—that was before the prisoner and Collins had got up to the gate—after they came up to the gate I told her that her master had fallen down in the garden—she asked me who her master was—I said, "Mr. Jones"—she said, Dr. Key was her master—she then went into the garden and took him up by the arm, and took him in doors backwards—Collins and I remained outside the gate for about five minutes, and then he went in one direction, and I in another.
Cross-examined by MR. CLARKSON. Q. Were you before the Coroner? A. I was not, nor before the Magistrate—the deceased was not a large heavy man, he was a light man—he was grey headed—I am not prepared to say whether he was bald—the prisoner put her hands under his arms, and dragged him in doors backwards in that way.
JOHN LUND . I am superintendent of the P division of police. In cones quence of information I received, I went to the house No. 4, Springfield cottages, about half-past 8 o'clock in the evening of 31st Jan.; and before I reached the house, I saw the prisoner come out, with a man in her company—they stood at the garden gate—I saw her give the man a bottle, and what I thought was some money—I think that was a man of the name of Evans, the witness who has been examined here to-day—I went up to her, and asked if her name was Vickers—she said, "No"—I felt convinced that it was her, from the description I had, and I entered the gate—I told her who I was, I did not tell her the charge until she entered the room—I then told her that I took her into custody upon the charge of being concerned in the death of her late master, Mr. Jones—she was very violent indeed before she got into the room—there is a fore-court in front of the house, and it is some little distance to get to the door—she resisted him in getting to the door—we were just between the gate and the house—she certainly was very strong—it is very difficult to take a woman into custody to what it is a man—you cannot use the same violence—in fact, she overpowered me—when I told her the charge, she said she had nothing to say; she should say nothing; I think it was, "I have nothing to say," or, "shall say nothing;" it was words to that effect—I went to a drawer in the house which the prisoner pointed out to me, and in it found this pocket-book, which contains a transfer for 1,000l.—I produce it—when she saw me take that pocket-book, she snatched it out of my hand—(this was a transfer for 1,000l. into the joint names of William Jones and Elizabeth Pickers, dated 20th Nov., 1851.)
Cross-examined by Mr. CLARKSON. Q. Were you dressed like an inspector? A. No; I was in plain clothes—when I took her into custody I said I should take her for having caused the death of her late master, and if she had anything to say she might do so—she then said, "I have nothing to say," or "I shall say nothing now," or words to that effect—the exact words might have been, "I shall say nothing now. "
GEORGE QUINNEAR (police sergeant, P 1). I accompanied superintendent Lund to the house in question, on 31st Jan.—after searching the house the prisoner was taken away in a cab—I accompanied her—she asked me who were the persons that were going to be brought forward—I told her Mr. Jones, Miss Hammond, and several others—she said, "I know Miss Hammond never saw me ill treat Mr. Jones"—she then asked me what Mr. Jones had to do with it—I said, "He charges you with causing the death of his uncle, your late master"—she said, "I expected that; I wonder that you did not come before"—I searched the house—I believe 1s. 2d. was all the money that was found In the house.
----FOSTER, ESQ. I am a barrister. I am the owner of the house in which Mr. Jones resided—I was in the habit of seeing him continually from time to time—my attention was called to the fact of his death on the 28th or 29th Jan,—that was after the inquest—I believe the inquest was held on the 14th—I made a communication on the subject of the death of Mr. Jones to Mr. Norton, the Magistrate, and thence followed this prosecution.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. CLERK conducted the Prosecution.
he called for half a pint of porter, and gave in payment a shilling—I told him it was a bad one—my mistress came to the bar, and told me to fetch a policeman—I went, but could not find one—the prisoner was just going out when I came back—my mistress said she had forgiven him, as he spoke so innocently—I kept the shilling, and afterwards gave it to the policeman.
ROBERT NEWINS . I am a baker, at Richmond. On 17th March the prisoner came to my shop, about a quarter past 4 o'clock, for a 1d., biscuit—I gave it him; he gave me a bad shilling; I gave him the change, but I took it back, and told him it was bad—I asked him if he had got any more; he said, "No"—I took back the change and the biscuit, and sent for a constable—I gave him the shilling, and gave the prisoner in charge.
Prisoner. I had the shillings in my possession, but was not aware that they were bad.
GUILTY . Aged 18.— Confined Six Months ,
WILLIAM PETER HOLLAND . I am an ironmonger, and live at Kennington. On 29th March, in the evening, the prisoner came and asked for change for a crown piece—I put the change on the glass case while he was feeling in his trowsers pockets for the 5s. piece—he then handed a crown piece into my hand; I perceived it to be bad, and said, "Stop!"—he instantly laid hold of 4s. 6d., and ran away—I raised a cry of "Stop thief!" and went after him for about 300 yards; I overtook him, and charged him with it; he made no reply—I walked with him some distance before I met a policeman, and on the road he asked me to let him go—I saw him searched at the station; a half crown and 2s. were found on him—I had put down on the glass case a half crown, two shillings, and a sixpence—he took the half crown and two shillings, and left the sixpence behind him.
Prisoner's Defence. I took it of a man for a dog; I did not know it was bad; I went on to find the man that had my dog; there was a cry of "Stop thief!" and I stopped.
GUILTY . Aged 24.— Confined Six Months ,
MILLER pleaded GUILTY Aged 20.
WHITBY pleaded GUILTY Aged 20.
Confined Twelve Months
ADJOURNED TO MONDAY, MAY 9TH.