CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand
JAMES DROVER BARNETT
Rolls Chambers, 89, Chancery Lane.
SESSION VII. TO SESSION XII.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City Of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, May 9th, 1853, and following Days.
Before the Right Hon. THOMAS CHALLIS , M. P., LORD MAYOR of the City of London; Right Hon. Sir John Jervis, Knt., Lord Chief Justice of the Court of Common Pleas; Sir Edward Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Taylor Coleridge, Knt., one of the Judges of Her Majesty's Court of Queen's Bench: Sir John Key, Bart.; Thomas Kelly, Esq.; Sir William Magnay, Bart.; Sir James Duke, Bart., M. P.; Thomas Farncomb, Esq.; and William Hunter, Esq., Aldermen of the said City: the Right Hon. James Archibald Stuart Wortley, Q. C, M. P., Recorder of the said City: Francis Graham Moon, Esq.; Thomas Quested Finnis, Esq.; Sir Robert Walter Carden, Knt.; David Williams Wire, Esq., Aldermen of the said City: Edward Bullock, Esq., Common Serjeant of the said City: and Russell Gurney, Esq., Q. C., Judge of the Sheriff's Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
ALEXANDER ANGUS CROLL, Esq.
THOMAS MORTIMER CLEOBURY, Esq.,
WILLIAM BOYCE JAMES, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
CHALLIS, MAYOR. SEVENTH 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, May 9th, 1853.
PRESENT—The Right Hon. the LORD. MAYOR; Sir JOHN KEY, Bart" Ald.; Sir JAMES DUKE, Bart., Ald.; Mr. Ald. FARNCOMB; Mr. RECORDER; Sir ROBERT WALTER GARDEN, Knt., Ald.; and Mr. Ald. WIRE.
Before Mr. Recorder, and the First Jury.
NOT GUILTY .
(The RECORDER informed the JURY that the witnesses had gone abroad, and therefore there was no evidence against the prisoner.)
NOT GUILTY .
(The RECORDER, under the same circumstances as in the last case, directed a like verdict.)
NOT GUILTY .
GUILTY .** Aged 19.— Confined Twelve Months.
NEW COURT.—Monday, May 9th, 1853.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald. FARNCOMB; Mr. Ald. WIRE; and Mr. COMMON SERJEANT.
MR. BYERLY THOMPSON conducted the Prosecution.
CHARLES HAINES . I am a carpenter, and live in Charlton-street, New-road. I know the prisoner; he has done a little business with me—on 19th Feb. he came to my shop, and asked me to come to the adjoining house, the Sun, and have a glass of porter—I went; he produced this I O U to me; I saw him write his name on the back of it—he told me if he wrote his name on the back, it was as good as a bill of exchange—he said he had received it from Mr. Bowyer; that he had paid for Mr. Bowyer 30s., and Mr. Bowyer had drawn the I O U—the prisoner wanted a crown; I said I had but 3s. in my pocket, which I lent him—I did not owe him anything; he said he would pay me on Wednesday, and if I wanted anything out of Bowyer's shop I could go and have soap, or candles, or anything I wanted—the transaction I had had with the prisoner was having bought three lots of flour of him—(memorandum read—" I O U, James Henry Banning, 1l. 10s. J. Bowyer. ")
Cross-examined by MR. LILLEY. Q. You knew the prisoner before he came to you on this occasion? A. Yes, I knew him six or seven years ago; he was on a job where I was at work, at Cheltenham—I did not see him again till November last, when I had the dealings with him—I keep a baker's shop, and have done so about ten months—I will swear I paid him ready money for the articles I purchased—I am sure I do not owe the prisoner any money, not a farthing—I went into the parlour of the public-house with him—there was no one else there but the young man that works for me, he came in with me—he remained during the time the prisoner and I were negotiating together—I think we drank two pints before he produced the I O U—he threw it out of his pocket, and said "Lend me five bob on that, will you?"—I said, "No, I shall do no such thing"—I looked at it, and I refused to do so for some time—at last he said, "Why do you do so? if I put my name on the back, it will be as good as a bill of exchange"—he told me he would pay it on the Wednesday; but if so be that I wanted anything out of Bowyer's shop, I could go and get soap, or candles, or anything I wanted—he said he took it of Bowyer—I did not know Bowyer—I never knew where he lived, no further than there was his address on the paper—I will swear the prisoner did not mention Mrs. Bowyer's name—Bowyer's name might have been mentioned more than once or twice, I would not be positive—he told me he lent to Bowyer 30s., and that he gave him that I. O U.
MR. B. THOMPSON. Q. On what faith was it you took this I O U? A. Thinking that I should have the money back on Wednesday; and if I wanted soap or candles at Bowyer's shop, I might have it.
The COMMON SERJEANT was of opinion that this did not amount to a felony, and directed a verdict of NOT GUILTY .
MR. BYERLY THOMPSON conducted the Prosecution.
CHARLES HAINES . I am a carpenter, and keep a baker's shop in Charlton-street, New-road, Somers-town. On Saturday, 19th Feb., the prisoner came to my house—I went with him to the adjoining house, the Sun—I drank two pints of porter—he threw this I O U out of his pocket, and asked me to lend him five bob on it—I lent him 3s. on it—he said he got it from a man of the name of Bowyer—I refused to lend him anything at first—he wanted to know why I refused, and said if he put his name on the back of it, it would be as good as a bill of exchange—I said, "I have not
got five bob, I have only 3s."—he wished me to let him have that, and said if he put his name on the back of the I O U, it would be as good as a bill of exchange; and he said if I wanted anything out of Bowyer's shop, soap or candles, I might have it—I did not owe the prisoner anything.
COURT. Q. How came you to let him have the 3s.? A. Because he gave me the I O U that he had received of the man—I thought I had the same claim on the man that he had.
Cross-examined by MR. LILLEY. Q. You were at Cheltenham? A. Yes; I left there, and came to London to seek employment—I was not in difficulties; I paid all I owed—I might have been a trifle in debt when I left—I will not undertake to say how much it might amount to—it might be a pound or two, but very little; I cannot say to a shilling—I might owe a little, but not half what I was owed—I gave my creditors an order for payment on my debts—I have been in London about two years, and been working for the same employers up to the present day—I carry on a baker's shop—before I had flour of the prisoner I had flour of Messrs. Simmonds, of Westminster—a very respectable firm—I had some three times of the prisoner; I did not see the prisoner till November after I left Cheltenham-there was no other dealings between me and the prisoner, except about the flour—I had nothing to do about rent—he brought a paper to me, saying if he could go to his uncle he could get some money; and I put my name to it—I did not read the paper—I cannot read, and that is the truth—my wife can read, I believe—I can write but very little—from November till this present time I have seen the prisoner many times; I have drank with him—I paid part, and he paid part—I have lent him money on previous occasions—on this occasion we drank two pints of beer, and then this subject was introduced, and this paper was introduced; he asked me to lend him 3s. on this I O U—I lent him 3s., and the money was to be returned on the Wednesday—I think I gave the prisoner in charge on the following Monday fortnight—I believe that was the date—I required him to put his name on the back of the I O U after he first said so; I refused to lend the money till he put his name there.
JOHN BOWYER . I live in River-terrace, and am an oilman. I know the prisoner—the name at the bottom of this note is not my writing, or any portion of it—I never borrowed 30s. of the prisoner—I never gave him any document of this kind—I never gave him authority to sign my name—I have had correspondence with him.
Cross-examined, Q. What are you? A. An oil and colourman—I do not carry on a large business—my wife assists in my business—she signs my name in matters of business—I have known the prisoner two or three years—I was carrying on business on 10th Feb., and have for these ten years—I am a very bad scholar myself—my wife does the greater part of my business—I have not known the prisoner to be in any trouble before.
MR. B. THOMPSON. Q. Do you know your wife's writing? A. Yes; this is not hers, or anything like it—I knew the prisoner some years ago—he used to come to collect the rents in a place where I lived, and I have known him by coming backwards and forwards to my shop all the time—I never heard anything against him.
THOMAS JONES (policeman, G 165). I took the prisoner on 3rd March, at half-past 9 o'clock at night—I charged him with obtaining money under false pretences, on a false I O U—he said, "Who gave me in custody?"—I said, "Mr. Haines"—he said, "Oh it is only 3s. "
GUILTY .* Aged 47.— Confined Twelve Months.
GUILTY . Aged 30.—Recommended to mercy by the Prosecutor.— Confined Two Months.
WILLIAM TREHERN . I am an innkeeper and wine merchant, and live at Uxbridge. The prisoner was my cellar man—on 17th April I went with the policeman to take him into custody—I stood outside the door—the prisoner was in the stable—I saw him, and spoke to him—I told him he had stolen some gin from me—he acknowledged it—I forget what he said—he begged my pardon—I did not tell him it would be better to tell me.
Cross-examined by MR. CARTER. Q. You keep the White Hart? A. Yes; I keep my stock in wood—I have no knowledge of the bottle or gin—I cannot say that I have lost any from my stock—Mr. Poole is a customer of mine—I have supplied him with various kinds of spirits—the prisoner had had to deliver it there—the payment would be made to me—I have not stopped Mr. Poole's credit—he is a customer of mine now—it was on Sunday I went with Road knight to the stable—I was not in the stable, I was at the door when Road knight went in—I do not know what passed before I went in—I did not hear the prisoner deny having stolen anything—he acknowledged to me that he had taken it—he had taken gin, and brandy, and rum, at various times, to Mr. Poole's—he had been in my employ about twelve months—he was before that in the employ of Mr. Goodwin, a linen draper—since he has been with me he has conducted himself well—he has been on bail, and I have beard that his former master, Mr. Weedon, has employed him since—Mr. Poole owes me an account for spirits now—no one went between me and Mr. Poole but the prisoner.
COURT. Q. He was your cellarman? A. Yes; he was authorized to deliver gin to Mr. Poole, but never without an order from me.
CHARLES POOLE . I am a publican, at Hillingdon. I deal with Mr. Trehern for spirits—the prisoner used to bring them—the prisoner called on me one Saturday, called me out of the parlour, and asked me how I got on for rum and brandy—I told him I had enough at present to go on with, and when I wanted any more I should go to his master—the bell rang, and the prisoner said he should bring me a bottle, but he did not say of what—he afterwards brought me a bottle—I do not know what was in it—I mentioned it to Mr. Trehern's agent.
Cross-examined. Q. You have had large dealings with Mr. Trehern? Yes; and the prisoner used to bring what I bad—I have lately got a little in arrears—I have lately had small quantities—I have had two gallons—I never bought a single bottle of the prisoner—I did not make any bargain with him for a bottle on that occasion—I went before the Magistrate on the Monday week after the prisoner first came to me—the prisoner was taken in charge on the day before I went before the Magistrate—the prisoner first came to me on a Saturday night, and another man with him, and the bottle of gin was brought on the Tuesday evening following, and the next Saturday evening the prisoner came to my house—he did not ask me to pay for that bottle—he never asked a question about it—I told him the bottle of gin was in possession of Road knight—I never had any agreement with the prisoner about this bottle of gin—not one syllable.
he used to bring spirits from Mr. Trehern to my husband—I recollect he brought a bottle on 12th April; he pat it on the counter—I said, "What is that?" he said, "All right," and he went out—I put a seal on the bottle in presence of Mr. Road knight, and gave it him about 10 o'clock the same night.
Cross-examined. Q. He took it without jour giving it him. A. He was passing, and I called him in; I told him there was a bottle brought by Andrews, I did not know what it contained—that is all that I know about it—I cannot recollect whether he saw the bottle and asked what it contained—I handed it to him, and he asked me to seal it—the prisoner had brought many things to me before from his master—when he brought this bottle he did not say that he came to sell it me for himself—he was in the house on the Saturday after he brought this bottle, but I did not see him—I had not seen him after he brought the bottle—nothing was said to him after that day to my know-ledge—I had said nothing to the master, or made any charge about it—he had never brought a single bottle before.
RICHARD ROADKNIGHT (police sergeant, T 11) I got this bottle from Mrs. Poole on Tuesday night, 12th April—I found it standing in the bar, and she gave it me—she put a seal on the bottom of it—I went to Mr. Trehern on Sunday, the 17th—I went with him up to the stable, to the prisoner—I went in the stable first, Mr. Trehern followed close behind me—I told the prisoner I came after him for stealing a bottle of gin from his master, and taking it up to Poole's, which I had got—he said, "I did take it from Mr. Trehern; I hope be will forgive me, it is the first thing I ever took"—he asked Mr. Trehern's forgiveness—he said, "No; if my servants steal front me I will punish them. "
Cross-examined. Q. How came you in Poole's house? A. I was passing, and Mr. Poole was standing at the door—he said, "I want to speak to you"—I went in, and he said, "Here is a bottle"—I do not know now what is in it—Mr. Trehern tried it, and I sealed the cork as it is now—I received it on Tuesday, 12th April, at 10 o'clock at night, and I went straight to Mr. Trehern—I saw Mr. Norman, his agent, that night—I did not see Mr. Trehern till the Saturday—I went again on the Sunday, and the prisoner was attending to a horse in the stable—he bad not absconded—there is no doubt I might have taken him any day in the week—he has been out on bail—I do not know his old master, Mr. Weedon, a farmer—I know his last master, Mr. Goodman, where he lived till he went to Mr. Trehern—I never heard anything against him—on the Sunday morning I found him in the stable—I did not ask him whose servant he was, I knew him—I did not ask him if he was in the service of Mr. Trehern—I said, "I am come after you for stealing a bottle of gin from Mr. Trehern, your master"—I did not say, "It is no use your denying it, I know all about it"—the first word 1 said was, "I am come after you for stealing a bottle of gin from your master, Mr. Trehern, and taking it up to Poole's"—he said, "I did"—I have bo doubt Mr. Trehern could hear that, he was just after me coming in—I did not say to the prisoner, "It is no use your telling any lies about it;" that is not the way I do business—I did not know that Mr. Trehern could not swear to the bottle or the gin—I said to the prisoner, "Gin, or whisky?" and the prisoner said, "It is gin"—I did not see any other spirits in Poole's bar—I west in, and I think Mrs. Poole gave me this, I will not be sure.
GUILTY. Aged 17.—Recommended to mercy by the Jury. —Confined
MR. SLEIGH conducted the Prosecution.
1 HENRY JOHN CRAWFORD. I am managing clerk to Mr. Wontner. The prisoner called on me—Mr. Naylor had been previously engaged in a cause for Mr. Wontner, and there was due on it 3l. 3s., and 5s. for clerk's fees, making 3l. 8s.—this brief (producing it) was presented to me by the prisoner as clerks usually present briefs for payment, and 1 paid him 3l. 8s.—he signed the brief when I paid it—here it is, "E. Scott, for T. H. Naylor."
Cross-examined by MR. PARRY. Q. Did you, at that time, know Mr. Metcalfe? A. Yes; I believe Mr. Naylor had chambers with him—I knew the prisoner as a clerk in the Temple, but I did not know to whom—I recol-lect before leaving papers at Mr. Naylor's chambers—I saw the prisoner, he told me his son was clerk to Mr. Naylor, but he would take the papers in as his son was out.
AARON HUGHES (City policeman, 345). I took the prisoner into custody in Westminster, on 1st March—I told him he was charged with receiving three guineas on account of Mr. Naylor, and not accounting for the same—he said he received it—it was a matter of account.
Cross-examined. Q. Where did you go to? A. To the Bridge-house Hotel—I there found the prisoner—Mr. Naylor went with me—Mr. Naylor found me at the station in Fleet-street.
THOMAS HACKE NAYLOR , Esq. I am a member of the Bar; I occupied chambers in King's Bench-walk in 1851. I had known the prisoner previously to that—I had known him down at Cambridge many years—I practise more there than I do in London—in April, 1851, I was induced to employ him as my clerk—I met him in Hungerford-market, and he told me he had received a fee for me—he was not at that time my clerk, he was Mr. Metcalfe's clerk alone—I had made no arrangement with him—I thanked him, and I forget whether I asked him, or he asked me, to continue to receive fees for me; but 1 told him if he would continue to receive the fees for me, he should have the clerk's fees as a remuneration for his services—that was about 16th April—it was a fee he had received from Trindall and Eyre—I told him in Hungerford-market that if he received fees for me, he was to make an entry of them on a piece of paper, and put it on my mantelshelf, so that I might know he had received it if I were not there—it was the fee in Trindall and Eyre's case that he had received, and I said, "Let this be the beginning of the matter, and make an entry when you get home on a paper, and put it on my mantelpiece, and when I come I will put my initials on it—I gave him the clerk's fee in Hungerford-market—I told him he was to account for what fees he received directly he received them—he was to give them to me directly he saw me, and if he did not see me, he was to write it down on the paper—I was professionally instructed in the case of the Queen and Whittaker and another, by Mr. Wontner, in the March Assizes in 1851; there was a fee due to me of three guineas fur a refresher and a consultation—I have never received the three guineas which Mr. Crawford says he paid to Scott on 28th April, 1851—I missed the prisoner from the chambers about that time, and I never saw him till about a month or six weeks before he was apprehended—I then saw him in a court of justice—I made inquiries for him, and I understood from his wife that he had gone abroad—my inquiries were not successful; I could not find the prisoner—I apprehended him I believe on 1st March—I had seen him two days before, that was in a railway carriage coming to London—I had made an effort to apprehend him on the Friday preceding, but I could not find a policeman—I apprehended him as soon as I possibly could.
Cross-examined. Q. How long had you had chambers with Mr. Metcalfe before this? A. For several years—I found Scott there when I came back to chambers at the beginning of Easter Term—I used at that time to be up in town for a week, or nearly so—I should think I was up in town in Hilary Term; if Scott was there then I saw him—I never before engaged a clerk in Hungerford-market—I have no recollection of Mr. Metcalfe telling me that Scott was his clerk, and he would not allow him to be clerk to any one else—I will not swear he did not—I cannot recollect it; but when the arrange-ment took place between me and the prisoner, I stipulated that he was not in any way to neglect Mr. Metcalfe's business for me—the prisoner is not a Cambridge man, that I know of—I never took a meal with him—when I was taking wine, I very likely may have asked him to have a glass—I have given him food—he was acting as a clerk—I have two clerks at Cambridge, and one in London, Mr. Attersly—he is Mr. Charnock's clerk—I have chambers with him now—Mr. Metcalfe engaged Scott's son, and I paid part of his expenses—the first fee the prisoner received for me was Trindall and Eyre's—Scott's wife told me be had gone abroad, and she told me he had received the fee, and he would come down to settle it—I should think I saw his wife every day; she was the laundress—the prisoner has not dined with me over and over again—it is a hard thing to say that he has never breakfasted, or taken meals with me—if he were hungry, I would have given him a meal—to the best of my belief he has never taken meals with me.
Q. Do you mean to say that you have not over and over again employed him in election matters? A. He has been employed by a committee of gentlemen, of whom I was one—I never employed him in any way but as a clerk for the registration of the borough—he was employed in the Chronicle office in this way—he was very badly off, and I solicited employment for him, and he was employed to report the police cases—he never delivered me any brief as clerk to an attorney—on one occasion he delivered a copy of the depositions, but he was not acting as my clerk then—I always take an active part in elections—I did at the last election—I had to second one of the candidates—I saw the prisoner about a month or six weeks before I gave him in custody—I saw him in the county court at Cambridge—I was in a case there—a gentleman said, "There is Scott," but I was in my robes, and was engaged, and could not have him taken then—I did not say to the inspector that I had never been able to see him till I gave him in custody—I have not sent any one to him within this month—Thomas Pearce has been my clerk for many years at Cambridge.
Q. Was not Scott employed by you during the elections of 1843 and 1847? A. Certainly not by me—I think he was probably employed by the com-mittee, of which I was one, as a check clerk—he has certainly not complained to me over and over again that he could not get his remuneration—I never gave any instructions to the police at Cambridge to take him—I do not know that he has been in Cambridge since September last—I came to town partly on account of the last election, and partly to apprehend him, because I saw him coming from Cambridge in a railway carriage.
Q. Have you not sent your clerk, Pearce, to him several times to beg of him not to appear before the election committee in London? A. Most certainly and distinctly not, nor nothing of the kind—I know a person of the name of Sherman—I know one or two named Chapman—Sherman was a voter, and Mr. William Chapman was a voter there—I know a person named Brooks.
Q. Did you tell Brooks to convey this message to Scott, that if Sherman
and Chapman appeared before the election committee you would give him in custody? A. Most assuredly not—I did not give him in custody about this election business, most assuredly not—it was over; I heard the decision come to on this election business—I did not go immediately and take Scott: about a couple of hours afterwards—I thought very likely it might be thought it was done from political motives, and I waited till it was over—I bad not a warrant to appear as a witness.
Q. In reference to Sherman and Chapman, was not your name mixed up with them, and was it not alleged that you had been a party to bribing them to the amount of 21l.? A. No; Sherman came to me after the election, and said something about some money that somebody had promised him, and I told him to leave the house—I know Pratt—I was not charged with inducing him to vote by getting him a license from the Vice-Chancellor—he got a license a good while before—my belief is, it was a considerable time before—I told him I would apply to the Vice-Chancellor for a license—I believe he did vote—he was a publican—I know Pratt, and he is in Court here—I did not promise him a license, certainly not; he had two landlords—I did not canvass them.
Q. Did you not tell Pratt that if he got a license the house would be worth 150l. more to him? A. I think very likely the value of the house would be enhanced, but I do not know whether I did say so—I said that I would apply to the Vice-Chancellor, but on consideration I would not—he has got the license, but not by my interference—I am not aware that Pratt's was one of the houses that were opened for the election—I ordered him to open his house for three or four persons whom I employ, not about political purposes, but perfectly legal purposes—the amount of it was 10s. or 12s.—I received a notice to produce a letter written by Mr. Metcalfe; but I looked through several hundred letters, and could not find it—I had some conversation with Mr. Metcalfe—I do not recollect that I told him I should hold him responsible—I wrote to him—I thought he had done wrong in employing Scott at all in the chambers without consulting me—if I had introduced a clerk that had robbed Mr. Metcalfe I should have held myself responsible for it—I did not see Scott in the Committee of the House of Commons, or up in the gallery—I swear I did not—I know Thomas Butcher and William Baker—they have never been my guests, and they have not applied to me for money, certainly not; I had but a few hours to seek for the letter that Mr. Metcalfe sent me, and I could not find it.
MR. SLEIGH. Q. Was that letter in answer to a letter that you wrote to him? A. It was—the prisoner has never dined or breakfasted with me, or been received as a guest—there has never existed any intimacy but that between a master and a servant, certainly not.
MR. PARRY. Q. Did you send any message to Scott by his son? A. No; I think I may have told his son and his wife, probably, that I should send for a policeman if he did not come.
MR. PARRY called
Cross-examined by MR. SLEIGH. Q. Do you know that he was in the employ of the Post-office at Cambridge? A. I do; I cannot say exactly how long it is since he left—it is, perhaps, two years—I do not exactly know the reason why he left—there was some altercation about a letter—I do not know that he was dismissed on suspicion of having stolen letters—it was reported, but it did not come under the notice of the police.
MR. PARRY. Q. Did you ever know of any charge against him? A. No—I do not know that after he left the Post-office Mr. Naylor employed him on the Chronicle—I know he was employed at the Chronicle—I would not swear that I have seen him about Cambridge with Mr. Naylor in the last few months—the report about the Post-office was never prosecuted—I never heard of anything else against his character.
JOSEPH WAKEFIELD DOUGHTY . I live at Cambridge—I have known the prisoner eighteen or twenty years—I believe he has borne an honest cha-racter—I never heard to the contrary—I heard about his discharge—I know what the report was about his discharge, but I know the real cause—he went to have half-a-pint of beer one night.
Cross-examined by MR. SLEIGH. Q. What do you mean by the report? was it that he was dismissed on suspicion of stealing letters from the Post-office? A. I heard various tales—I heard that.
MR. PARRY. Q. You may have heard that report? A. Yet; I do not believe it—I am one of his bail.
WILLIAM JAMES METCALFE, ESQ . (Barrister-at-Law). The prisoner was in my service—prior to taking him I made inquiries as to his character at Cambridge, and of the superintendent of police—I have no complaint to make of his dishonesty, as far as he was engaged for me—I applied respecting that matter at the Post-office.
MR. SLEIGH. Q. Have you ever told Mr. Naylor that he pledged your credit for the purpose of getting provisions? A. Certainly not, nor did he do so.
GUILTY . Aged 37.— Confined Three Months.
OLD COURT.—Tuesday, May 10th, 1853.
PRESENT—Mr. Ald. KELLY; Sir JAMES DUKE, Bart., Ald.; Mr. Ald. FARNCOMB; and Mr. RECORDER.
Before Mr. Recorder and the Second Jury.
GUILTY . Aged 18.— Confined Four Months.
GUILTY. Aged 15.—The prisoner received a good character, and was recommended to mercy by the Prosecutor. — Confined Eight Days.
GUILTY . Aged 18.— Confined Twelve Months.
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 19.— Confined Nine Months.
NOT GUILTY .
MR. METCALFE conducted the Prosecution.
MARY ANN HARRISS . I am the wife of George Harriss, a baker, of No. 153, Whitecross-street. We have dealt with the prisoner for some time at Mr. Wilmer's shop, in Goswell-road—on Monday, 14th Feb., I paid to the prisoner 5l. 1s. 1d., in part payment of an account of 12l. 11s. 1d.—this (produced) is his receipt, signed by himself—I paid him on the following Friday afternoon 7l. 10s.—that was all the money I owed at that time, including the week's bread—he wrote "Cashed" on the first bill, and "Settled" when he received the remainder, and he has also put "Balanced"—I saw him write it when I paid him the balance—on 28th Feb. I paid him 5l.; that was not the whole of the money I owed him then; I paid him 6l. 6s. on 4th March, which settled up to 26th Feb.—this (produced) is his receipt, which I took for those two sums; I saw him write it—I paid all these sums into his hands, and saw him write the receipts.
Cross-examined by MR. PARRY. Q. Used you to pay these moneys at the shop? A. No, at my house generally; he used to call for them—we had bread of him every week, 800 or 900 loves, sometimes more and sometimes less—the 12l. 11s. 1d. was for bread and flour had that week—I used to pay part of it every week—there was generally on Friday a balance standing against me, which would be settled up on Monday—we were paying 4 1/2 d. per loaf at that time—whatever was left from the previous week was settled on the Monday—we had not always an account running—we always settled up the week before we commenced again.
MR. METCALFE. Q. Was there any sum of 5l. 12s. 9d. owing from you to him on 4th March? A. No, nor was there 5l. 9s. 11d., owing on 18th Feb., or 5l. 6s. 1d. on 25th Feb.
WILLIAM WILMER . I am a baker, of Aldenham-terrace, St. Pancras, and No. 39, Goswell-road. The prisoner managed my business in Goswell-road, for which I paid him 30s. a week, besides his lodging and coals—it was my practice each week to send a quantity of flour for him to convert into bread, and on the Friday in each week it was his duty to account to me, on which occasions he sometimes produced a book, and sometimes a memorandum; and I, in his presence, copied the statements which he made to me into my book—his signature is to the accounts for the weeks ending 18th Feb. and 25th Feb., but not to that of 4th March, because he was given into custody on that night—he saw me make the entries from his memorandums—in his account on 18th Feb. I find 5l. 9s. 11d. owing from a customer named Harriss, for bread—the account is made out in this way: he gives me credit for twenty-six sacks of flour, making 2,392 loaves, which come to 52l. 6s. 6d., which sum he accounts for as follows, "39l. cash, 2l. 8s. 9d. expenses, and customers 10l. 0s. 11d."—the 10l. 0s. 11d. is owing from the customers who are mentioned on the other half-sheet, among whom here is "Harriss, 5l. 9s. 11d."—that means that bread to that amount had been sold to Harriss during that week on credit—I find that sum included in the total, which is afterwards brought over to the other side, and a balance struck as credit—this statement is confined to one week's account—the prisoner did not account to me for any sum received from Harriss—this account for the week ending 25th Feb. is made out in the same way, and Harriss is credited with 5l. 6s. 1d.—I received no cash as paid from Harriss that week; the 5l. 6s. 1d. is included
in the total of debits, and it is brought forward in the total on the other side, where the balance is struck; it is, "Customers, 10l. 10s. 8d."—on 4th March here is the same sort of account, and 5l. 12s. 9d. put against Harriss's name as owing—I did not receive any money on 4th March from the prisoner as paid by Harriss; he has never accounted to me for any of these sums—the amount represented by the prisoner to be owing on 4th March is 11l., 4s. 2d.
Cross-examined. Q. Used not he to pay you the money in the gross for so many loaves without naming any customer at all? A. Yes; he paid me 39l. in cash on 18th Feb., 42l. 1s. 9d. in cash, on 20th Feb., and 42l. on 4th March—the prisoner debits himself with the customers—he was not responsible to me for what he sold, whether the customers paid or no—he has never paid me for bad debts—he has never paid me a sum of 3l. for a man who was bankrupt—I did not tell him I would not be responsible for bad debts—he was liable to me for a certain number of loaves according to the amount of flour he received—I expected to get ninety-two loaves out of a sack of flour, whether he made ninety-two or no—he was responsible for ninety-two, the mode of calculation is to multiply the number of sacks he receives by ninety-two, which gives the number of loaves he would have to account for—he has complained to me of the quality of my flour, but he always had flour which would make ninety-two loaves—he has not given notice to leave three times, only once—he has not on two or three occasions given me notice to leave, complaining that the flour was of that quality that he could not get up the number of loaves—he had his own journeyman on the premises, for which I allowed him 15s. a week, but he might give him 14s. if he liked—I did not allow any bread for the journeyman, he never asked me to do so—bread is sometimes allowed to journeymen, they generally eat what they like, but bread is not given if be is a single man—I used to serve the Union, or rather I used to bake the bread for Mr. Kings-ford, the contractor, he is not here—I do not know that he used to give loaves to the men that fetched the bread away—the Union was not supplied out of my flour—I never charged the prisoner with ten sacks of flour which be had not had; there was a mistake once, ten sacks were sent instead of twenty; the ticket was marked twenty, and the prisoner altered it to ten—the money the prisoner handed to me on Friday evening, was money taken in the course of the week—Mr. Harriss was a customer of mine who was obtained by the prisoner; with the exception of Scott and Priest, and Miller, all the customers were obtained by him—I never made him an allowance for bad debts—I know a man named Richards who became bankrupt, the prisoner did not lose 2l. 10s. by Richards, it is in the book now and is still owing—I know of a person named Squires being bankrupt, but I never received his money—I have got an entry here, "Fowler 2l. 7s. 6d.," which has not been paid—here is the entry of Richards, the date is 18th June, 1852; it is not carried on—I have no way of telling whether I have received any money, except by the number of loaves—I have no book belonging to the prisoner which is not here, all his books were seized by the police on 4th March—the prisoner had not to make any biscuits—the bread he made in Goswell-road was never sent to my shop, if I did send to him for twenty loaves I should send twenty loaves back again—there is a process in making bread called dusting, it is done with what we call cones, which is a foreign wheat, and very dry—it would take about half a sack of cones to dust twenty-eight sacks of flour; it is not mixed with the flour, but is put on the boards to keep the flour from sticking.
MR. METCALFE. Q. In making out the accounts the prisoner himself
gave you the number of loaves? A. Yes; he bas not had any dusting for three or four months—the accounts of one week do not at all interfere with the other, each of these accounts is confined to one week alone—by the prisoner's own statement 15s. a week is allowed him for a journeyman—the price of the loaves is stated in the account, it is 4 3/4 d. and 5 1/4 d.
JURT. Q. Have not you a proper ledger showing a debtor and creditor account? A. No.
JOSEPH PAYNE (policeman, G 90). I took the prisoner, he went into the shop with me, and his master and he gave me all the money he had in the till—the prosecutor said he must have more money than that, he made no reply—I searched the back parlour and found two dozen white handled knives and forks, which had never been used, and twenty-four account books—I went upstairs and found twelve sovereigns in a drawer.
(The prisoner received a good character.)
NOT GUILTY .
NOT GUILTY .
Before Mr. Recorder and the Third Jury.
MR. CLARKSON conducted the Prosecution.
GEORGE NELSON KETTLE . I am a commission agent of No. 12, Laurence-lane, Cheapside. The prisoner was in my service five weeks from 20th Jan. to 24th Feb.—it was his business to settle small accounts for me, he received money of me for that purpose—I was indebted to Messrs. Holmes 1l. 7s., here is an invoice of it which I have paid since—on 31st Jan. the prisoner brought me this invoice (produced), it has a receipt on it—this (produced) is the petty cash book, which the prisoner kept—he has made this entry in it, "31st Jan., J. Holmes, 1l. 7s"—that is in his writing—he brought me this receipt on 31st Jan., the day on which I settle my monthly accounts.
Cross-examined by MR. WOOLLETT. Q. This receipt was received by you on 31st Jan.? A. Yes; when Mr. Holmes sent in his account I took it out of the envelope containing the prisoner's vouchers, and found out that it was forged—after that it was placed on a file—I have no doubt that I placed it there—I had the envelope in my drawer locked up—I have a most distinct recollection of his giving me this particular receipt—there was a boy there at the time, a cousin of mine; he was not engaged in my service then, he was about a week before the prisoner left, that would be after this trans-action—the prisoner might send him out on errands, he did so very often.
GEORGE HOLMES . I am one of the firm of Holmes and Son, of No. 4, Church-passage, Guildhall, builders. Mr. Kettle owed us 1l. 7s. on 31st Jan.—this bill is in my writing, but this, "Settled, Jan. 31st, 1853, S. Holmes," at the foot of it, is not my writing, nor that of any member of the firm—I did not authorise anybody to give that receipt—I afterwards sent the bill to Mr. Kettle, he paid me last Thursday.
Cross-examined. Q. How many people are there in your employ? A. Sometimes four, sometimes a dozen, according to the work we have—I do not recollect any of them ever taking money—Mrs. Holmes always takes money when I am not on the premises; if she is not there, the carpenter is generally at work in the shop, and he would take it in that case, or the servant would take it if the party would leave it.
MR. CLARKSON. Q. Is this the writing of the carpenter? A. No; the firm consists of myself and my father—this is not my father's writing, nor my wife's—we have no person in the firm named S. Holmes; it is not like the writing of anybody in the firm—this bill was sent in some time in March, shortly after the goods were delivered—(Bill read: "Mr. Kettle, debtor to J. S. Holmes and Son, 1l., 7s.,; Settled, Jan. 34, 1853, S. Holmes. "
NOT GUILTY .
MESSRS. CLARKSON and GIFFARD conducted the Prosecution.
WALTER BROWNING EMMETT . I am a coal merchant of 5, Trump-street, King-street, Cheapside. Mr. Kettle deals with me; this bill (produced) was delivered to him, the receipt to it is not my writing, or written by my authority—the money was not paid to me on 17th Feb.; it was paid to me by Mr. Kettle himself on 24th March—I have no partner.
Cross-examined by MR. WOOLLETT. Q., How many clerks have you? A. None; I do my own business entirely, except the carrying out part—I have a man to go and receive bills for me occasionally; he receives money for me—the prisoner has never paid my servant money on any occasion.
MR. GIFFARD. Q., Is your servant authorised to give receipts? A. Yes; but he cannot write, he makes his mark—my wife and my daughter are authorised to write receipts for me, but this is not the writing of either of them—the body of the bill is in my writing.
GEORGE NELSON KETTLE . I am a commission agent of 12, Laurence-lane, Cheapside. The prisoner was in my service five weeks, up to 24th Feb.; it was part of his duty to settle small accounts, and enter them in the petty cash book—I gave him the money to pay the bill with, he gave me this receipt (produced) there is an entry in this petty cashbook, "17, Emmett, coals, 3s. 5d."—he has written that himself—I know his writing as he was my corresponding clerk; I believe this signature to be his writing disguised—this receipt is dated 17th Feb.; I recollect the prisoner giving it to me, he may have given me others at the same time; I believe he did not, I have not many receipts—he gave it to me in my countinghouse, and I can almost swear it was at the time he settled my cash account for Feb.—I can swear he gave it to me, and have no doubt I put it on the file myself several times—there has not been the slightest ill-feeling between me and the pri-soner; on the contrary, I had a very great regard for him, and had just got him a situation of 80l. a year in Leadenhall-street—he was introduced to me by Mr. Rayner, of 19, Kingsland-crescent-r (Bill read:" Mr. Kettle, debtor to W. B. Emmett, 3s. 5d.; received, W. B. Emmett, 17th Feb., 1853. ")
GUILTY of uttering . Aged 24.— Transported for Seven Years.
Before Mr. Recorder and the Second Jury,
MR. LILLEY conducted the Prosecution,
Monkwell-street. On 23rd April, about half past 7 o'clock, I came down to take in some milk—I received information from the milkman, and found the copper had been taken away; I had seen it safe about 7 o'clock the same morning—I and Welch, the milkman, ran, and came up with the prisoner a few minutes afterwards in Falcon-square; Welch collared him, and asked him what he had done with the copper—he said, "What copper?"—Welch said, "That copper I saw you with;" and took him up a court—I went up also, and found the copper in a bag; I took it out of the bag, and took it home—this (produced) is it—it belongs to Michael Edward Pane, my land-lord, and is the same that was safe in my kitchen at 7 o'clock; 1 know it by its being mended a fortnight before—it was fixed in the brickwork—I am a laundress, and had used it a day or two before—the prisoner was not more than half a dozen yards from the copper, if so much, when he was collared.
DANIEL WELCH . I am a milkman and cowkeeper, of No. 19, Silver-street. On the morning of 23rd April, about half past 7 o'clock, I went to serve milk at the prosecutrix's house—I saw the prisoner coming out of the house with the copper; I believe this one produced to be the same—I gave information to Mrs. Miller, she went down stairs, and followed me—I over-took the prisoner in Falcon-square, walking away from the passage where I afterwards found the copper, and which is no thoroughfare; it leads up by the side of a chapel—I said, "Young man, I want you"—he said, "What do you want with me?"—I said, "Where is the copper you had just now?"—he said, "I had no copper, and know nothing about it"—I said, "Come with me, and we will see"—I took him up the passage, and found the copper in a bag; it was rather flattened, and I believe it to be the same—the prisoner was taken into custody.
Prisoner. Q. If you saw me come out of the house with the copper, why did you not stop me, and question me? A. I thought I would inquire first—when I took you, you were just coming out of the passage; you did not attempt to run away—you were walking away from the copper, not towards where you had taken it from—I saw nothing on your bands.
MR. LILLEY. Q. Was it light when you saw him coming out? A. Quite light: I had a good opportunity of seeing him—the prisoner is the person.
Prisoner's Defence. From the witness's statement, there was plenty of time for anybody else to have done it; I should have run away if I bad been guilty; he did not see me with the copper, nor did he see anything on my hands or clothes, which he would have if I bad had anything to do with the copper; I am as innocent as any one in the Court.
GUILTY .* Aged 23.— Confined Twelve Months.
NEW COURT.—Tuesday, May 10th, 1853.
PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. WIRE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY .* Aged 24.— Confined Six Months.
FINNIGAN pleaded GUILTY . Aged 35.
FOX pleaded GUILTY . Aged 34.
Confined Six Months.
GUILTY .* Aged 46.— Confined Twelve Months.
GUILTY . Aged 25.— Confined Twelve Months.
GUILTY . Aged 56.— Transported for Seven Years.
MESSRS. ELLIS and POLAND conducted the Prosecution,
MARY HORLEY . I serve in the shop of my uncle, Mr. Baker; he is a baker. On Tuesday, 19th April, the prisoner came in about 7 o'clock in the evening—he asked for a 2d.-loaf, and Thomas Baker, the shop boy, served him—he gave me half a crown, and I gave him change, 2s. 4d.—he went out of the shop, and I put the half-crown in my pocket, where I had no other half-crown—I had noticed it before I put it in my pocket, and it was bad—that was just as the prisoner was gone out of the door—I gave the same half-crown the next evening to Thomas Baker.
THOMAS BAKER . I am the nephew of Mr. Baker, who keeps the baker's shop. On Tuesday evening, 19th April, I saw the prisoner about 7 o'clock—I gave him the 2d.-loaf—he gave a half-crown to Mary—I saw him get the change—Mary Horley found the half-crown was bad, and she put it in her pocket—I got it of her the next day—the next time the prisoner came, which was about 10 o'clock the next night, he then had a 2d.-loaf, he put down a half-crown—I said to him, "You wait a bit," and I took the half-crown to my uncle—I knew the prisoner directly he came in, and that was the reason I took the half-crown to my uncle—my uncle said it was bad, and he came in the shop, and said to the prisoner, "You could not be contented with coming last night, but you must come again"—the prisoner walked out—I got the half-crown from Horley, and gave it to my uncle.
WILLIAM BAKER . I keep this shop. On Wednesday, 20th April, I was in my parlour about 10 o'clock at night—the last witness came and brought me a bad half-crown—I took it into the shop, and tried it in the detector—it was bad—the prisoner was standing at the counter—I told him he was not satisfied with coming last night, when there was no one at home but the boy and girl, hut he must come again—he walked out, and wanted to get away, but we followed him and gave him into custody—the last witness gave me a second half-crown—I gave them both to the policeman.
Prisoner, Q. Did 1 walk out before you or with you? A. You walked out, and we followed you till we met a policeman—you did not run away, you had no chance.
CHARLES BUSAIN (police-sergeant, N 25). I was on duty on 20th April—the prisoner was given into my charge a little after 10 o'clock at night—I searched him, and found two shillings and two sixpences, all good—I got two half-crowns from the last witness—the prosecutor said that the boy had said it was another man who came in with the prisoner, who passed the half-crown.
Prisoner's Defence. I know nothing of the first charge; I was at home, and at work with my father; on the Wednesday night I went for a 2d.-loaf; the boy took the half-crown, bent it, and took it to his master in the back parlour; his master told me I had passed a bad half-crown the night before, which I had not; he walked out, and I walked beside him for 300 or 400 yards till he found a policeman, and gave me into custody.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
MARY SPRATT . I am staying at the Black Cap, in High-street, Camden Town. On Saturday, 2nd April, I was in the bar about 9 o'clock at night—the two prisoners came in together—Smith asked for half a quartern of gin and peppermint—she gave me in payment a sixpence—I gave her a 4d.-piece in change—it was a black-looking one, and she refused to take it—I gave her another—I laid the sixpence down on a little counter a little below the other counter—the prisoners went away together—I left the sixpence on the counter, and our barman saw it—I saw him take it up, and he said it was a bad one—I saw him take it from the place where I put it—the prisoner came back in about two hours, about 11 o'clock—I did not see them come in, but I came into the bar, and saw them there—they had half a quartern of gin and peppermint again—they paid for that in copper money—while they were drinking it I came in, and they put the measure towards me, and asked me for half a quartern of peppermint, and I think Harris gave me a sixpence for that—I tried it, and it bent—I went to the barman, and I said, "Here are those two women who have uttered another bad sixpence"—I gave it to the barman, and he gave the prisoners into custody.
Smith. The first time I was in your house was 20 minutes before 11 o'clock. Witness. No; that was the second time—you had been before, and refused a 4d.-piece that I gave you.
Harris Q. Did you say that I gave you a sixpence? A. I think it was, but I could not be positive—you were both together.
FREDERICK SHELLEY . I am barman at the Black Cap. On 2nd April I saw both the prisoners, at 9 o'clock in the evening—I cleared all the money out of the till, and in turning round I ran against the other barman, and that caused me to see the prisoners, because they laughed—they were objecting to a 4d.-piece that was given them—I saw the sixpence lying on the counter—I saw it was bad—I ran after the prisoners, who were then gone—I came back, marked the sixpence, and put it on the shelf—I saw the prisoners again at 11 o'clock standing at the bar—I saw Harris offer a sixpence—Mrs. Spratt took it up—she tried it, and bent it, and gave it to me—the prisoner said, "Give me half a quartern of gin and peppermint," in great haste—they had not drunk what they had—I sent for a constable, and gave the prisoners in charge, and gave the two sixpences to the constable.
Smith. Q. You said you marked the sixpence when you took it, but you marked it at the station? A. I marked it again at the station; I had marked it before.
Smith. Q. You say you cleared the till, and the lady gave me the 4d.-piece out of the till? A. No, not out of the till; we never keep 4d.-pieces in the till.
HENRY WHEELER (policeman, S 324). On 2nd April, about 11 o'clock, I took the prisoner in the Black Cap—Harris said she had only been out a short time, and she had met the other prisoner, whom she had known since they were school-children, and they went to have something to drink—they said they had not been in the house before—I asked them their address at the station—they hesitated a long time, and refused, and said one place and another—one said they lived at Camden-town, but did not say the street—at last they gave an address, No. 7, Brackly-street, Bridge water-gardens—I went there, but could not learn anything of them—these are the two six-pences I received from Mr. Shelley.
Smith's Defence. I was not there at 9 o'clock.
Harris's Defence. I had 15s. given me by my husband; I redeemed some clothes; I never was in the public-house till 20 minutes to 11 o'clock; I went there to look for my husband; I there gave a sixpence, and she said it was bad; I told the policeman where I lived.
SMITH— GUILTY . Aged 31.
HARRIS— GUILTY . Aged 29
Confined Six Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
THOMAS JAMES CHINIE . I am a baker, and live in Portman-street, Marylebone. I was in my shop on Tuesday afternoon, 19th April—the prisoner came there first about 5 o'clock, or a quarter past 5—I am quite sure it was him—he came for a penny loaf—I served him, and he gave me a shilling—I gave him change, and put the shilling into a bowl in the till, where there was no other money—after he was gone 1 looked at the shilling—it was bad—I ran to the door to see for the prisoner, and could not see him—I locked the shilling up in the desk—I saw the prisoner a second time; he came again in about a quarter of an hour or twenty minutes—I am sure he was the same man; I knew him the moment he entered—I did not see him come in; I was in the parlour; my sister-in-law was in the shop—I saw him in the shop—he came for another penny loaf—I ran out to see whether he gave any more bad money—I saw him hand a shilling to my sister—I took it out of my sister's hand—it was bad, and I told the prisoner so—he said he did not know it, and gave me another shilling that was good—I stopped him, and gave him in charge—I gave the two bad shillings to the constable, and the good one.
Cross-examined by MR. PAYNE. Q. You and he went out of the shop together, and met the policeman? A. Yes; I gave the prisoner to him, and went back for the shillings—the prisoner did not make any difficulty about going to the station—he said, "I am not going to wait here; if you cannot find a policeman I shall go"—I said, "Come with me to the station," and he said, "I will."
SARAH BULL . I was in my brother-in-law's shop on 19th April—the prisoner came in about 5 o'clock—he purchased a penny loaf; he gave me a bad shilling to pay for it—I gave it to my brother, while the prisoner was in the shop.
JOHN MARSHALL (policeman, D 118). On 19th April I met Mr. Chinie and the prisoner in Port man-street, about half-past 5 o'clock in the evening—he said the prisoner had been in his shop twice within twenty minutes, and passed two counterfeit coins—the prisoner said he had never been there but once—I produce the two shillings.
MR. PAYNE called
JOHN NEIL . I remember the day the prisoner was taken into custody—I was with him that day—I had met him on the Sunday before at St. Patrick's Chapel, near London-bridge, and on the Tuesday he called, at 10 o'clock, at my house, No. 16, in the Rookery, St. Giles's, and he went along with me, looking for a job of work—I remember his going into the baker's shop, and he came out of the shop with the baker—he had not been in the shop before that time—I was with him—he could not have been in the shop twenty minutes or a quarter of an hour before that time without my knowing it—we had met a young woman in the Bays water-road as we were coming home.
Cross-examined by MR. ELLIS. Q. You first saw the prisoner at 10 o'clock in the morning, and was with him till he went into the baker's shop? A. Yes; I was with him about seven hours—we had been about Primrose-hill, looking for a job of work, and he had not left me at all—I had seen him in the chapel; but I bad seen him three years ago, when he was in Kent, hopping—I had not seen him between the Sunday and Tuesday—I told him on Sunday where I lived—he came to my place on Tuesday, and I never parted with him till he was taken—we went to Primrose-hill, to Mr. Boughton's, and waited there for the foreman, to see whether we could get a job or not—we left about 1 o'clock, when the men were going away, and we went to Bayswater, where there was a lot of buildings, but we could not get a job—we left Bayswater, as near as could be, about 2 o'clock, and came home—I am sure I could not tell where the baker's shop is—I do not know the name of any street in London—I am sure I could not tell how we got to the baker's shop; it is no use for me to tell a lie—I think it was about 2 o'clock when we came from Bayswater—I cannot tell how far the baker's is from there.
MR. PAYNE. Q. Do you know Mr. Boughton? A. Yes; I worked for him—I went to him for a job, and he could not give me one.
COURT. Q. When did you leave Bayswater? A. About half-past 2 o'clock, or a little after 2—we then went to another job, and got on to the baker's shop about 5 o'clock—we did not go into any public house—I have been in London something more than three years—I do not know the names of any streets; I am no scholar, and cannot read—when I saw the prisoner on Sunday I gave him my address, and told him to come to me on Monday—he did not come, but he came on Tuesday, and we went out, looking for the job—he never told me what money he had—he did not say anything to me when he was going into the shop—he did not go into any other house—he never parted with me till he went into that shop—I did not go with him to the policeman; I went home—I saw the crowd; I asked what was the matter, and they said a man passed a bad shilling.
MR. ELLIS. Q. You saw him go into the baker's shop? A. Yes; I waited a little for him, about as far off as the end of the street—I was within sight of the baker's shop—I was watching to see him come out—I am sure I could not tell how long it was after he went in till he came out; I had got no watch—I suppose he was in two or three minutes, and he came out, and the baker along with him—during that time I had gone to the end of the street.
MARY DAVIS . I get my living by selling things in the street. On Tues-day, 19th April, I saw the prisoner and the last witness in the Bayswater-road; they were both together, coming from Bayswater—I left my selling between 3 and half-past 3 o'clock, and went with those men—I remember the prisoner going into the baker's shop—he had not been in the shop before; he
could not, for I did not leave his company—I saw him come out of the shop, and the baker with him.
Cross-examined by MR. ELLIS. Q. How long was he in the baker's shop? A. I cannot say; I was with the last witness, waiting for him—the prisoner said he was going into the shop to buy a penny loaf.
GUILTY . Aged 24.— Confined Six Months.
NOT GUILTY .
MR. POLAND conducted the Prosecution,
WILLIAM TURTLE . I am a butcher, and live in Tottenham-court-road. On 9th April the prisoner came, about 6 or a quarter after 6 o'clock in the evening—I served her half a pound of beef steak; it came to 3d.—she put down a half-crown on the counter—I gave her change—in the hurry of the moment, I did not know that the half-crown was bad—after she went away I took the half-crown off the counter—I thought it felt smooth—I took it to the door, and found it was bad—I marked it, wrapped it in a bit of paper, and put it into the till—I afterwards gave it to the inspector at the station—about a quarter past 9 o'clock the same night, I was then outside the shop—she came and asked me the price of some meat—I knew her again directly I turned round to give her the price of the meat; I knew it was the same woman; I am positive she is the same person—I told her the price, and she took two pieces of meat into the shop to be weighed by the man—I went into the shop, and said to my man, "I will take this woman's money"—she put down a half crown on the counter—I saw directly that it was bad, took it up, and said, "You succeeded in passing one bad half-crown; this is the second, within three hours; I shall give you into custody"—she said I was mistaken—I marked the second half-crown, and gave it to the policeman.
WILLIAM ELDRIDGE (policeman, E 85). I took the prisoner into custody on 9th April—she said she never was in the shop before—she was searched at the station—these are the two half-crowns; one the last witness gave me, and the other he gave to the inspector, and the inspector gave it to me—the prisoner gave her address, No. 5, John-street, Tottenham-court-road—I went there, but could not learn anything about her.
Prisoner's Defence. I was not in the shop the first time; the last time I went to get a bit of meat to take in for my supper; I gave that half-crown; I know nothing of the other.
GUILTY . Aged 29.— Confined Six Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
ROBERT WATKINSON . I keep the Britannia beer shop, in Ratcliff-highway. On 29th March the prisoner came, between 6 and 7 o'clock in the evening—I served her half a pint of porter—she gave me a bad shilling—I broke it into three pieces, and put it on the shelf—I had given the prisoner her change, and she was gone before I found the shilling was bad—one of the pieces of the shilling that I broke was marked, and given to the constable—I had seen the prisoner very often before.
Prisoner. I was not in your place, neither do I know where your place is; you are mistaking me for another person. Witness. No, I am not.
COURT. Q. How long after she left did you break the shilling? A. Not more than three minutes; I had not mixed it with any other.
JEMIMA ANN WINCH . My father is a greengrocer, and lives in Robin Hood-lane, Poplar. On Wednesday evening, 6th April, the prisoner came between 8 and 9 o'clock for 2 lbs. of potatoes; she gave me a half crown; I tried it, and sounded it in a money-detector; it was bad; I showed it to my mother and to the policeman—it was not out of my sight—I put it into the hand of James Bousfield, and left him with the prisoner while I went for the policeman—I got the half-crown back from Bousfield—I had marked it before I gave it him—I know it was the same I gave him.
CHARLES HUNNISSETT (policeman, K 315). I took the prisoner on 6th April, in Robin Hood-lane—I produce a piece of a shilling given me by Mr. Watkinson, and a half-crown which I received from Jemima Wingh—I asked the prisoner where she got the half-crown; she said she took that and a sixpence for a pledge, at the corner of White-street, Commercial-road—I have made every inquiry, and there is no such place—she said she lived in White-street.
GUILTY . Aged 30.— Confined Six Months.
RICHARDS pleaded GUILTY . Aged 22.— Confined Six Months.
DELL— NOT GUILTY .
MESSRS. CLERK and POLAND conducted the Prosecution.
MARY ROOKE . My husband keeps a coffee shop in Houndsditch. On the evening of 7th April I was serving, and my servant was there—the prisoner came in between 8 and 9 o'clock; I served him half a pint of tea and some bread and butter—he put a shilling on the table; I took it up, and gave him change; I took the shilling into the kitchen, and put it on the table—I told the servant to take the shilling, and get some beer—I saw her take up the same that I had put down—she went out with it, brought it back, and I gave it to my husband—I saw the prisoner again on Wednesday, the 13th; he came again to the coffee-shop, and had half a pint of tea; he paid for it with a shilling; I saw him give it to Lacey; she put it into her mouth, and bent it; she kept it in her hand till I fetched a constable; she then gave it me, and I gave it to my husband.
Cross-examined by MR. PAYNE. Q. There are a good many people come there, and stay a little while, and then go away? A. Yes—I was not up on the Sunday morning—on the Thursday evening I took the shilling up myself; it was put on the table—it might be five or ten minutes before the servant took it up—the servant, and me, and my husband, are employed in the kitchen; I make the coffee, and the servant waits occasionally, and my husband, and me—there was not any one in the shop when I put the shilling on the table—the teas were all over—I do not know what the prisoner was doing all the while I was gone; I left him there—I saw the policeman, and gave the prisoner into custody—I am sure it was the same
person who came on the Thursday, and again on the Wednesday—Thursday was the first time I saw him.
CATHARINE LACEY . I am servant to the last witness. I recollect seeing the prisoner there on 7th April, between 8 and 9 o'clock; he came for half a pint of tea and some bread and butter—I saw him give my mistress a shilling; she laid it on the table in the kitchen—not knowing it was bad, I took it to the public house, to get some beer for supper—I offered the shilling there, and the landlord bent it on both sides; he gave it to me, and I took it hack to my mistress, and gave it her—it had not been out of my sight—I was at home on Wednesday, the 13th; the prisoner came in the morning for some tea; I served him; he gave me a shilling; I gave it to my mistress, and she gave it to my master, and she went to fetch a police-man, and the prisoner was taken into custody.
Cross-examined. Q. How many persons were at your house on Wed nesday morning? A. Four or five, I cannot say how many—he threw the shilling on the table, and I took it up—I do not know how many persons were sitting at the same table—the tea came to 1d., and the bread and butter 1 1/2 he did not get his change on the Wednesday—I know by his appearance that he is the same person who came on Thursday.
ISAAC ROOKE . On Sunday morning, 10th April, I was in my shop, in Houndsditch; I remember the prisoner coming at 20 minutes past 9 o'clock in the morning—I saw him served with a cup of tea; he tendered a shilling; the servant brought it to me, and I saw it was bad; I bit it in two pieces, and took the pieces up into my bedroom, and put them away—on Wednesday, the 13th, I saw the prisoner again, about a quarter before 8 o'clock in the morning; he was then given into custody—I produce the two pieces of the shilling—my wife gave the two shillings to me, I gave them to the officer.
ALEXANDER SCOBBIE (City policeman, 640). I was called to Mr. Rooke's on 13th April, and the prisoner was given into my custody; I found on him 1l. 12s. in silver, all good—I received these three shillings from Mr. Rooke; the prisoner said he would pay him in good money for the shilling he had given him that day—they said the prisoner had been there twice before, on the Thursday and the Sunday—I do not recollect what the prisoner said to that.
Cross-examined. Q. You have seen this man crying fish about? A. Yes—I found on him a copper ticket—he told me it was a ticket they have at Billingsgate, for the fish pad, and if any one returned that they would get 5s. on it.
GUILTY . Aged 26.— Confined Twelve Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
CHARLES BICKERTON . I am shopman to Mr. Taylor, a hosier, in Cornhill. On Friday, 15th April, a lady came to my master's shop with her veil down—she bought a man's collar, which came to a shilling; she gave me a crown piece—I gave her 4s. change, and she went away—when she was gone, I bent the crown piece, and ran after her—I overtook her in Princes-street, and told her the crown was bad—she said she had no more money; she gave me back the collar and the shillings, I gave her back the crown.
going after the prisoner; I saw him speak to her, and heard him say it was a bad one—I saw her give him something she had in a paper, and some money from her pocket; and he gave her a piece of money, either a crown or a half-crown—I then followed the prisoner down Princes-street and Lothbury, back to Bartholomew-lane—she came to the front of the Bank, and I saw two men join her, and they all went away together—I gave information to Funnell.
EDWARD FUNNELL . I am an officer. On 15th April I received informa tion from the last witness—I saw the prisoner join two men, and they went away with her to a public-house—the two men came out, and went away—I went into the house, and saw the prisoner with a third man—she afterwards came out, and I followed her to Mr. Benham's seed shop—she came out there, and I went in, and got some information—the prisoner then went to Mr. Tarratt's, a hosier's, on Finsbury-pavement—I saw her come out, and then I went in, and received this bad half-crown—I took the prisoner into custody; I found on her this collar, some mignonette seed, this porte monnaie, a half-crown, a shilling, and a sixpence, all good—I asked her her address, she refused to give it.
Cross-examined by MR. PAYNE. Q. What do you mean by saying you saw her in a public house with a third man? A. When I went into the house, I saw her standing, speaking to another man—he did not come out with her; she came out, and left him there.
THOMAS BENHAM . I keep a seed shop in Moorgate-street. On 15th April the prisoner came there for 3d.-worth of mignonette seed; she gave me a half-crown; I put it into a scale, against another, and it was much lighter; I told her it was light, and very much worn—I returned it, and she paid me with copper money—I have not the least doubt she is the person.
Cross-examined. Q. Did you not say that some persons might refuse to take it, and you did not like to take it? A. No, not to my knowledge; I said it was light, and very much worn.
THOMAS WALTER TARRATT . I am a hosier, and live on Finsbury-pavement. The prisoner came on Friday afternoon, 15th April—she purchased a man's collar, which came to 9d.—she gave me a half-crown; I gave her in change a shilling, a sixpence, and a 3d.-piece—I put the half-crown into the till, in the right-hand corner, near the gold—I noticed that what other silver was in the till was in the left-hand corner—when the prisoner left, the officer came in immediately—I went to the till, took out the half-crown, and found it was bad—I marked it, and gave it to the officer—this is the collar I sold the prisoner, I know it by the mark on it.
GUILTY . Aged 25.— Confined Twelve Months.
OLD COURT—Wednesday, May 11th, 1853.
PRESENT—The LORD MAYOR; Mr. BARON ALDERSON; Sir JAMES DUKE, Bart., Ald.; Sir ROBERT WALTER CARDEN, Knt., Ald.; and RUSSELL
Before Russell Gurney, Esq., and the Fourth Jury,
567. JOSEPH WILLIS , feloniously uttering a forged order for the pay ment of 16l. 5s.; also, an order for payment of 5l. 10s.; also, an order for 6l. 15s.; also, an order for 4l. 9s., with intent to defraud: to all which he pleaded
GUILTY . Aged 44.— Transported for Seven Years.
568. PETER WATKER , stealing 14s. 3d., the moneys of John Parker, his master; also, forging and uttering an acquittance and receipt for 14s. 6d.; also, forging and uttering 1 other acquittance and receipt for 8s., with intent to defraud: to which he pleaded
GUILTY. Aged 18.—Recommended to mercy by the Prosecutor. — Confined Two Months.
Before Mr. Baron Alderson.
MESSRS. BODKIN and CLERK conducted the Prosecution.
SUSAN BRUFORD . In Jan. last, I was cook in the service of Mr. Hart, of Gloucester-place, Hyde-park. The prisoner was housemaid there—she had been two months in the service to the very day—Mr. Hart has left England—we had a nursery maid, named Frances M'Clowry, and a ladies' maid, named Harriet Mitchell—Mr. Hart is a widower, but his mother lived with him—the nursery maid and ladies' maid have left England for Australia—on Thursday, 27th Jan., the prisoner did not come down to dinner; I was not in the house at the time, but I was told so—after dinner, I went of to her room, about half past 2 or a quarter to 3 o'clock—Dr. Galindo went up with me—he had been sent for; I met him at the door when I came home—I found the prisoner lying on the bed—Harriet Mitchell, the ladies' maid, was in the room at the time, sitting on a stool by the fire—she had a child in her lap; it was alive—she showed me the child, and showed me a wound in the child's throat—it was bleeding—I do not think I spoke to the prisoner then; she was very much excited, and in a great deal of pain—I went down and got her some gruel or a cup of tea about an hour afterwards—I took it up to her—I did not then take the child in my arms; I took it in my arms in the evening—I asked the prisoner why she deceived us, meaning why she had not told us that she was in the family way (she had not told me)—she said, "Oh, Bruford! I knew not what I was doing; I meant to hare thrown the child into the Serpentine, and myself too"—she was very much excited at the time—nothing more passed then—I remained with her about an hour—I went up to her afterwards when the monthly nurse came, but I had no other conversation with her that evening—the next day, Friday, the nursery maid showed me a pair of scissors; I observed that they were stained with blood—I had undressed the prisoner on the Thursday as she lay on the bed; she had all her things on—Dr. Galindo was present at the time—her clothes were very much stained with blood, and there was blood about the room—she was removed to the workhouse on the following Monday evening with the child—the monthly nurse attended her during the time she remained at Mr. Hart's.
Cross-examined by MR. BALLANTINE. Q. You are not a married woman? A. No; the prisoner suckled the child for several days, and appeared very kind to it—a short time before this, she had a fall on the stairs with a coal scuttle or a pail of water—I think that was more than a fortnight before-after that fall, she complained of a pain in her back—she had not given warn ing that I know of—my master has gone to Australia.
RICHARD MILES GALINDO . I am a surgeon; I formerly lived in Conduit-street, Westbourne-terrace. On 27th Jan., I was called to Mr. Hart's, and saw the prisoner there lying on the bed in her room—she was not undressed, to the best of my recollection—I ascertained by examining her that she had recently been delivered of a child—I took the after-birth from her—the umbilical cord seemed as if it had been cut; about four inches of it was left
attached to the child—I found the child in the room; it was a newly born child—I observed a wound in the front of the neck, about three inches long—it was not a clean cut wound, but jagged, serrated—I think it could have been done by a pair of scissors, in the usual mode of applying scissors when you want to cut anything—I do not think it would have made a clean cut, not on cartilaginous matter like that—the windpipe was cut transversely; the fore part of it only was cut—it appeared to be a full grown child; it was a boy—the prisoner was in a fainting state—I continued to attend her and the child until the following Monday—I saw her two or three times a day—I dressed the child's wound, and did what was necessary with respect to that—she was removed to the workhouse on the Monday, and the child with her.
Cross-examined. Q. When you say the child was a full grown child, I suppose you do not mean it had gone the entire nine months: it might be a fortnight or three weeks, more or less? A. It might be, because some children are larger and some smaller—I took it to be a nine months' child; it might be eight months and a half—I have not a very extensive practice in midwifery—I know that labour constantly comes on suddenly, very often in sleep—a fall down stairs would be likely to accelerate the birth—I should say, from the appearance of the wound, it must have been produced by cutting—there is no doubt that a woman suddenly taken with the pains of labour would be very much embarrassed, and would have great difficulty in delivering herself—in a natural delivery, the head is usually first presented—the disease called milk fever does not come on at the time of the birth, generally two or three days afterwards—it may be preceded by a great deal of nervous irritation—I found no appearance of any injury about the prisoner's person—it occasionally happens in deliveries, that the umbilical cord crosses the neck; the applica tion of the finger would relieve it—that is what I should do; a woman, to relieve herself, might have recourse to an instrument—it is not impossible that in doing so the throat might be cut, although the cord was cut four inches from the navel; the child might have been bent on itself.
FRANCES SMITH . I am a monthly nurse. I went to Mr. Hart's on the evening of 27th Jan., and attended the prisoner there until the Monday—I was constantly with her—she nursed the child—it was often in the bed with her—she made no statement to me about the child.
Cross-examined. Q. I believe there were some articles of baby linen found? A. There were.
SARAH CLEMENT . I am a nurse in the workhouse at Paddington. The prisoner and her baby were brought there—I had to attend her—I noticed a wound on the child's throat—the prisoner got better in a few days—about half an hour after she came in she said she had done it—I asked her what she had done—she did not make any reply, she only said she had done it—she said she knew she had acted very wrong, but she had done it—I said, "Done what?"—she did not say what—after the child died, she said she was very sorry that the poor little thing was gone—it lived ten days after coming to the workhouse—she did not suckle it during that time, it was brought up by hand—there was a difficulty in the child's swallowing, from the wound in the throat.
Cross-examined. Q. When she came in, I believe you asked her no ques-tion, but she kept saying, "I have done it, I have done it?" A. Yes; she appeared to be in very great agony, and in a state of great nervous excite-ment.
ANN RIDLEY . I am an inmate of the workhouse at Paddington. I took charge of the child when it was brought there—it lived for ten days—I fed it I saw the prisoner occasionally—I had some conversation with her now and
then—I asked her many questions, but she never gave me any decided answers—I asked her what she did the deed with—she said she did not know what she did it with—the child was baptised on 2nd Feb., by the chaplain.
COURT. Q. What was it called? A. James Griffin.
FREDERICK WILLIAM MCKENZIE . I am a physician, and am medical officer for the parish of Paddington. I advised that as soon as she was able, the prisoner should be removed to the workhouse—I attended her there after her removal—I noticed a wound in the child's neck, but at the time I taw it, it was four or five days afterwards, consequently cicatrisation had commenced, so that I cannot speak to the exact character of the wound originally—the child died on 10th Feb.—I presume it died from the effect of the wound—a variety of effects would result from the wound which would probably be fatal—I examined the body internally; every organ was healthy and sound—-in my judgment, the wound was sufficient to cause death.
MR. BODKIN. Q. Was the wound such as might have been inflicted with an instrument like these scissors? A. Possibly.
REV. WILLIAM WALL . I am chaplain of the Paddington workhouse. I baptized the child by the name of James—I visited the prisoner nearly every day while she was in the workhouse—I had repeated conversation with her, especially upon the subject of the crime she was charged with—when I was first called upon to attend her, it was to attend a young woman charged with murdering her child, consequently I directed the whole of my spiritual advice to that very point.
COURT. Q. I suppose all your conversation with her was spiritual. A. Certainly. (MR. BARON ALDERSON was of opinion that the conversation with this witness ought not to be given in evidence; the principle upon which an attorney was withheld from divulging what passed with his client, was because, without that communication, the client would not have proper legal assistance. The same principle applied to a person, deprived of whose advice the prisoner would not have proper spiritual assistance. Without determining the question, he thought it ought not to be gone into. MR. BODKIN did not desire to press it.)
COLIN ALEXANDER MILNE GRANT (police inspector, D). On 2nd Feb. I went to the house of Mr. Hart, of Gloucester-place, and got these scissors from a box that was pointed out to roe by somebody in the house—there was some baby linen in the box—I produce it.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
FRANCIS MUNDAY . I live at Hillingdon, and am porter of the Uxbridge Union workhouse. On Saturday, 16th April, about 7 o'clock in the evening, the prisoner came there for a night's lodging—he was a stranger, not a parishioner—we had a stable which was used for the purpose of giving a night's lodging to vagrants—another man had come for the same purpose about a quarter of an hour before—the prisoner was shown into the same stable as that man; it was called the vagrant ward—next morning the other man went away about half past 6 o'clock—the prisoner left about 7 o'clock—about five minutes after he was gone I observed flames coming out of the door and window of the vagrant ward—there was straw and rugs in there—after giving the alarm of fire, I went in pursuit of the prisoner—I overtook him about three-quarters of a mile from the Union—I asked him how long he had left the Union work-house—he said, "Not many minutes"—I said, "You set fire to the vagrant ward before you left"—he said, "I did not"—I took him back with me to
the Union—when we got there, I said, "Give me those lucifers you have in your pocket;" I did not see that he had any, but I guessed that he had—he put his hand in his pocket, and gave me this box of lucifers which I now pro-duce—he said, "I did do it, but what for I don't know"—I sent for Smith, the constable—I examined the stable; the manger was very much burnt, the wood was charred—the manger is fixed in the stable—the floor of the stable is a moveable floor—that was burnt—the straw had nearly all burnt out—the rafters were burnt, one nearly through—the window was destroyed, there were thirty panes broken—that appeared to have occurred from the heat of the fire.
JOHN PAYNE . On 16th April last I was an inmate of the Hillingdon Union Workhouse. I took the prisoner to the stable that evening—another man also came; the prisoner was the first that went into the stable—I do not recollect whether he or the other man arrived first at the Union—next morning I let out the other man first; he was a young man, with a wooden leg—I let him out about 7 o'clock, and the prisoner about twenty minutes or half an hour afterwards—about five minutes after he was gone the porter called me, and said the place was all on fire—I observed that the stable was on fire; it was soon extinguished, as there were a great many of us.
COURT. Q. Do you take in anybody that comes? A. Anybody; we give them a lodging—some have food, and some not; if they complain of bad weather, or anything of that sort, we give them a breakfast in the morning.
THOMAS SMITH (policeman T 227). On Sunday, 17th April, I was sent for to the Union, and received the prisoner in charge—I said, "You must consider yourself in my custody for setting fire to the vagrant ward of Hil lingdon Union"—he said, "I have done it, and it can't be helped. "
Prisoner's Defence. I did it accidentally; I was lighting a bit of tobacco which I had in my pipe, and a spark went into the straw; I tried to put it out, and I could not.
GUILTY . Aged 39.— Confined Two Years.
NOT GUILTY .
NOT GUILTY .
MESSRS. BALLANTINE and OVEREND conducted the Prosecution.
DAVID BARCLAY CHAPMAN, ESQ . I am a partner in the house of Messrs. Gurney, Overend, and Co., money dealers, in the City. On 14th April last I received this letter by the post, containing these two bills (read: "MESSRS. Gurney, Overend, and Co. Bradford, Yorkshire, April 13, 1853. Gentlemen,—Having to meet some rather heavy cash payments on Friday next, for wool purchases in the neighbourhood of Liverpool, I have taken the liberty of enclosing two bills of Exchange, one upon Messrs. Armitage Brothers, for 474l. 18s. and the other on Messrs. James Acroyd and Sons, for 388l. 10s. 9d. I need scarcely say your kindly remitting me the cash for the same to the Stork Hotel, Liverpool, will be deemed by me a great favour; and I am com pelled to beg of you so to do by Thursday's post, having to pay the same on Friday morning. I feel that I am requesting a great favour at your hands, but in excuse, I can only urge the difference of discount charged here and in London." Signed, "John Adamson and Sons")—(The bills were both at two months, purporting to be drawn and endorsed by John Adamson and Sons, and accepted by the parties stated in the letter)—I know a firm of Adamson and
Sons; they are in the wool trade at Bradford—I am not aware that we had ever done business for them; but I happened to know them, because they are the agents of Mr. Joseph Pease, who everybody knows, and who is a great friend of myself and Mr. Gurney—when I received these bills I paused, I did not like them—I wrote a letter as desired, directed to Mr. Adamson, at the Stork Hotel, Liverpool, and also sent a letter to Messrs. Harris, bankers, at Bradford—that was for the purpose of ascertaining whether the bills were genuine or not—this (produced) is the letter I sent to the Stork Hotel.
EDWARD ADAMSON . I am one of the firm of John Adamson and Sons We carry on business in the wool trade at Bradford—there is no other firm there of that name—no part of this letter or of these bills is in my handwriting, nor in the handwriting of any of our firm, or of any person in our establish-ment—neither the drawing or endorsement of these bills is the writing of any of our firm—we had no occasion to draw upon these acceptors—both the transactions were quite unknown to us—(looking at two other letters) neither of these are written by any person connected with our firm.
Cross-examined by MR. PARRY. Q. How may partners are there in your firm. A. My father, myself, and a younger brother—my father's name is John—both my father and brother take an active part in the business—neither of them are here—I never had any transaction with the prisoner—I know nothing whatever of him—I have never seen him in company with my father or brother.
HENRY ACROYD . I am a partner in the firm of James Acroyd and Sons, manufacturers and merchants, at Halifax. The acceptance of "James Acroyd and Sons" to this bill is not mine, nor is it the handwriting of any of our firm, or of any person connected with our establishment—I do not recollect ever having had a single transaction with Messrs. Adamson—I am not aware of any other firm of our name at Halifax.
Cross-examined. Q. How many partners are there in your firm? A. Two, myself and brother—my father is not living—I know nothing at all of the prisoner.
GEORGE ARMITAGE . I am a merchant, carrying on business at Hudders field. I have three partners—the firm is "Armitage, Brothers"—the accept ance to this bill is not mine, or either of my brothers, nor is it the writing of any person connected with our establishment—there is no firm of our name at Huddersfield besides ours—we have no account with Messrs. Adamson.
Cross-examined. Q. You know nothing of the prisoner, I believe? A. Nothing whatever.
HENRY THOMAS HITCHINS . I am acquainted with the prisoner—I have seen him write often—I am well acquainted with his handwriting—these two bills are his handwriting, the whole of them—I believe the acceptances are his writing, as well as the rest, and the endorsements, also—I say the same of this letter, and also of these two other letters.
COURT. Q. Where does be live? A. I do not know—I knew him in London.
Cross-examined. Q. Where do you reside? A. I am at present at Hake's Hotel, Duke-street, Manchester-square—the prisoner is related to me by marriage—I have had quarrels with him—I have never expressed a determi nation to get him out of the country, if I could—these bills are in the ordinary handwriting of the prisoner, without the slightest disguise, and the letter also—I assisted the prisoner in endeavouring to procure him an appointment abroad, but I have not in any other way tried to get him out of the country—I have not, since I heard of this matter, said that this was a good opportunity of getting him out of the country—I swear that.
Q. Did you go to Messrs. Gurney to see these bills? A. I went to Messrs. Gurney to ask if they could do anything in letting him off—I saw the bills there—I did not go there for the purpose of seeing them—I after-wards saw a woman who calls herself the prisoner's wife—I am not aware that she is his wife—I have not the least knowledge that she is his wife—I should not call her a gentlewoman—I never told her that I had seen the bills, and that they were not in the prisoner's handwriting—I deny it on my oath—I never told her anything of the kind.
MR. OVEREND. Q. For what purpose did you go to Messrs. Gurney? A. To see if there was any opportunity of getting this man relieved from the horrid charge against him.
GEORGE FREDERICK GOODMAN . I live at Grove-terrace, Chiswick. I know the prisoner, and am acquainted with his handwriting—(looking at the docu ments produced) I believe this letter to be his writing, the second letter like-wise, also the memorandum, the drawer's name, and the endorsement, and the same with the second bill.
COURT. Q. Do you mean you believe this "Bradford, Yorkshire," to be his handwriting? A. No, I do not—I cannot say that the body of the bill is his—I do not think it is—I cannot speak to the body of either bill—I have no doubt whatever as to this letter, nor of these other letters.
Cross-examined. Q. Have you ever seen this gentleman write more than once. A. No, T have not, and then only to sign his name; but I have since received a letter from him—it was in Dec, 1851, that I saw him write—I know Captain Hitchins—he did not find me out to give evidence of this handwriting—I believe it was Sergeant Whicher—I saw him here this morning—I have seen Captain Hitchins a dozen, or perhaps twenty times, but only upon matters of business—Whicher did not come to me with a message from him—Captain Hitchins has not asked me to come here and prove this matter, not in any way.
MR. OVEREND. Q. When was it you received a letter from the prisoner? A. (Referring to it) It is dated "Aster House, New York, 5 Jan., 1852"—I am able from that to speak with confidence as to the handwriting.
COURT. Q. Did you afterwards communicate personally with the prisoner as to the contents of that letter? A. No.
MR. OVEREND. Q. Did you do anything in pursuance of that letter? A. Yes; I have had no opportunity of communicating with the prisoner since about what I did. (MR. BARON ALDERSON did not think under these circum stances the witness could refer to the letter.)
EDWARD COULSTON THOMAS . I keep the Stork Hotel, at Liverpool. On 15th April I received this letter (read, "To Mr. Thomas, Stork Hotel, Liver-pool, 14th April, 1853. Sir,—Having been unexpectedly obliged to alter my usual journey, I find I cannot be in Liverpool, as I had appointed. Should, therefore, any letters arrive at your house, which I am in full expec-tation of, addressed either to J. Adamson, or J. Adamson and Sons, I shall esteem it a very great favour your causing the same to be immediately trans-mitted by return of post, addressed to me at Morley's Hotel, in London. I enclose six postage stamps to cover the postage of the same, and remain yours, faithfully, John Adamson")—after the receipt of that letter, I received a second letter, which I re-directed according to the instructions in this—this is the letter (the one sent by Mr. Chapman)—I directed it to Morley's Hotel.
Cross-examined. Q. You do not know the prisoner at all? A. I do not.
on the Parliament-street side—the prisoner came up to me, and asked if I had any objection to do a bit of a job for him—I said no—he gave me a note, and told me I was to take it to Morley's Hotel, Charing-cross, and get some letters—he gave as a reason for employing me that the porter was not in the way at the hotel—I did not ask him what hotel—I asked him where I was to deliver the letters, and he told me at the King's Head—there is no Such house—there is the King's Arms—I thought he might have made a mistake—he came out of the King's Arms, and I thought he meant that—I went with his letter to Morley's Hotel, and delivered it—the porter told me no letters had arrived that morning for Mr. Adamson—this is the note I took—I then came away, and went to the King's Arms—I inquired if Mr. Adam-son was there, and they did not know such a person—I then went to Fendall's Hotel, and made inquiry there, and then I went to my crossing—after I had been there some little time a person who had Been the prisoner send me with the letter, came up to me, and gave me some information, in consequence of which I went to the passage by St. Margaret's Church, and there found the prisoner—he was standing in the passage—I went up to him, and told him that I had been to the hotel, but could not see him there, and I said, "There were no letters for you this morning, Sir; but the porter told me there might be some in the afternoon"—he asked me if I would go in the afternoon—he told me it would not be convenient for him to meet me there, that I was to meet him in front of the Horse Guards, in the open space on the park side—he gave me 1s. for my trouble—I offered him the note back, and said, "Here is the note, Sir," and he said, "Take the note if you go in the afternoon"—I afterwards gave the note to the policeman—I had it in my possession when I was taken to Scotland-yard.
Cross-examined. Q. How long have 'you occupied this crossing? A. About fifteen months—it is the crossing from Fendall's Hotel to Westminster Hall—I am occasionally sent on messages for papers by gentlemen connected with the courts, and also from the House.
WILLIAM BLACKER (policeman, A 213.) On Saturday, 16th April, I was watching near Morley's Hotel—about half-past 10 o'clock I saw M' Lean go in, and afterwards come out again; I followed him to the King's Arms, Bridge-street, Westminster—he then went to another house, and afterwards to his crossing—I subsequently saw him go across to the passage between the garden and the Abbey, and there I saw the prisoner—I saw M' Lean go up to him, and they stood there together for about a minute or two, apparently in conversation—I saw the prisoner with some silver in his hand; I saw him give M' Lean something, I could not say what it was, and M' Lean came away—I then went up to the prisoner, and asked him if his name was Adamson—he said it was not—I asked him if he had sent that man, pointing to M' Lean, to Morley's Hotel for some letters addressed to Mr. Adamson, that he expected from Liverpool—he said he did not send him there—I then told him that he must consider himself in my custody upon a charge of forgery that he had committed in Yorkshire—he said, "Oh!" and was very much agitated.
Cross-examined. Q. I suppose you generally find persons not very well pleased when you take them into custody? A. I should say they were not—I was not in plain clothes—I put these questions to him before I told him what the charge was; I thought that was right—I had seen him speaking to M' Lean—I had spoken to M' Lean before that, and when he left the prisoner I made a motion to him, and he said, "That is the man"—I put the questions to him for the purpose of taking him into custody.
COURT. Q. Had you any communication with M' Lean at an earlier part of the day? A. When he came out of the King's Arms I went and spoke to him.
GUILTY . Aged 35.— Transported for Fifteen Years.
MR. LILLEY conducted the Prosecution.
GABRIEL PAYNE . I am an instep leather manufacturer, and live at No. 4, Point-street, Portsmouth. On Monday, 18th April, I was at Slough, on my way to London—I met the prisoners at a public house at Slough—they asked me if I was going to the big town—I said I was—this was about 10 o'clock in the morning; I had slept at the house the night before—they left the house about an hour before me, and went towards London—I started in the same direction, and overtook them three or four miles from Slough; they were lying down on the side of the road—they got up, and walked with me—I do not know how far we walked together; it was a good many miles—after we had walked some distance, Gibbs asked me if I wanted to purchase a razor—I told him no, as I did not use a razor—he asked me 10d. for it—at last I bought it of him for 6d., and 2d. for a pint of beer, which we had when we came to a public house—we stepped there about an hour—in order to pay him I took out my purse—after leaving the public house I continued to walk with them, and just about dusk we arrived at Harmondsworth—we were still on the same road—Gibbs then collared hold of me, and asked me if I saw that bitch (there was a ditch there)—he laid bold of me by the jacket and waistcoat collar, and threw me back in the ditch, and Walker ransacked my pocket—they took six instep leathers, a pocket knife, and a purse, containing a sovereign, three half crowns, and 4s. 6d.—the instep leathers are my own manufacture—I had had my pocket knife a long while—when they had done this, Gibbs said, "I don't want your b—company any more," and be gave me a cut over the head, knocked my hat off, and kicked the crown out—they then walked on, and I stood till I could get some assistance—I watched them part of the way, till they turned the corner, and then I lost them altogether—I met with two policemen, Luckett and Sergeant Beechey, and went in search of the pri-soners—we found them at a public house in bed—their clothes were lying some on the bed, and some by the side of it—I saw them searched by the policemen; they found two instep leathers and a knife, which are my property.
Cross-examined by MR. PAYNE. Q. You had been walking with the pri soners from 10 o'clock in the morning till dusk? A. I had walked with them a long while, and passed through a good many villages—I think I went into two public houses—we had a pot of beer and two pints, I think it was—I was not in the least the worse for liquor—the prisoners were very much so—I did not watch them into a public house, and then go after a policeman; I missed them all at once; it was near a public house; I do not know whether they went in or not; it was a long way from where they knocked me into the ditch; it was not the public house where they were found—they only took six instep leathers from me; I had more—I should say it was about an hour and a half after the robbery that I found them at the public house—I did not give them the two instep leathers in payment of some beer that they had paid for; I swear that—these are the instep leathers (produced)—one of these is worth 10d., and the other 8d.
WILLIAM BEECHEY (police sergeant, T 29). I am stationed at Arling ton. On the evening of 18th April, about 9 o'clock, the prosecutor came to my house, with Luckett, and informed me of the robbery—he described the dresses of the persons who had committed it—I went with him and Luckett in search of the persons—we went to several beer shops, and at last found them at the Crown public house in bed—the prosecutor identified them directly—they were not awake when we entered the room—I awoke them up after I had searched their clothes—I then asked the prosecutor if he was sure they were the men that had robbed him—he said, "Yes"—I found on Walker's clothes a pocket knife and a duplicate for a waistcoat, pawned at Birming-ham—in Gibbs's clothes I found 2s. 4d.
Cross-examined. Q. When they were told they were charged with robbing this man, I believe they said they had seen him, but had not robbed him, did they not? A. Yes, they did—I did not find any razor, I saw one that the prosecutor had before the Magistrate.
WILLIAM LUCKETT (policeman, T 152). On the evening of 18th April I went, in company with Beechey and the prosecutor, to the Crown public house—I examined Gibbs's clothes, and found in his trowsers pocket these two instep leathers, which Payne identified as his.
Cross-examined. Q. How do you know the knife? A. There is a tooth mark on the plain side of the handle—I had had it a long while, perhaps twelve months or more—it is what I use for eating with—I bought the razor of Gibbs, a good way on the road.
WALKER— GUILTY . Aged 23.
GIBBS— GUILTY . Aged 20.
Confined Nine Months.
CHARLES VICKERS . I am a seaman. I know the prisoner; he was a shipmate of mine—last Friday week we were drinking together at a public house in New Gravel-lane—I had a belt round my waist, inside my trowsers, containing two checks, my discharge and register tickets, and several papers, a gold chain, and 25s. in money—the prisoner must have seen me with the belt, as I took money from it to pay for liquor—I had too much to drink, and fell asleep—the prisoner was there when I fell asleep, drinking with me—when I awoke he was gone, and my belt also.
Prisoner. I own I took the things from him; I took them to save them; I have the belt now.
WILLIAM BONE . I am inspector of the police at Portsmouth. I had the prisoner in charge on 4th May—I searched him, and found on him a check and a duplicate—I asked him if the check was his property—he said, "It is my pay paper"—I saw the name of Vickers on it—I asked him his name, and he said Charles Vickers—I also found on him a seaman's register ticket belonging to Charles Vickers, and a discharge paper of Charles Vickers's from the Indian navy—I produce them.
Prisoner. At the time he asked me about these papers, I never owned them.
CHARLES VICKERS re-examined. These are the papers I lost from my belt this check for 14l. is mine—this is my register ticket which I got at Bombay, and this is my discharge ticket from the Indian navy—they were in my belt when it was taken.
WILLIAM CHARLES POTTER (policeman), I have some bills in triplicate—I received them from the Horirontal (Oriental) bank, in London—in consequence of information I went to Portsmouth, and found the prisoner there in the cus tody of Bone—I told him I was a policeman, and he must consider himself in my custody, for robbing his shipmate, Charles Vickers of his belt, containing two orders, a gold chain, a register ticket, and a number of other papers—he said, "It is a bad job, I will tell you the truth; I took it, but I meant to return back to London to give it him"—I said, "The bill I saw had the signature of Charles Vickers on it, and I believe you have had 16s. on it from Mr. Nathan, of Portsea"—he said, "Yes, I have had 16s. or 18s.; they got me to sign it on Saturday morning"—when I produced the bill I said, "There are two signatures on the back of this"—he said, "Yes; this is my writing," pointing to "Charles Vickers" on the check for 29l. 10s. 7d.—that would make it payable—I got it from the bank, No. 7, Wallbrook.
Prisoner's Defence. I took the things from the man when he was lying drunk on the table; I intended to go to Portsmouth to see my friends, and return back and give them to him afterwards.
GUILTY . Aged 28.— Confined One Year.
NEW COURT.—Wednesday, May 11th, 1853.
PRESENT—Mr. Ald. COPELAND; Mr. Ald. FARNCOMB; and Mr. RECORDER.
Before Mr. Recorder and the First Jury.
GUILTY . Aged 26.— Confined Three Months.
GUILTY . Aged 22.— Confined Two Months.
MR. CLARKSON conducted the Prosecution.
THOMAS MORRISON . I am porter to Samuel Hewitt, a fish salesman at Billingsgate. On 15th April, about 7 o'clock in the evening, I saw the prisoner standing staring about—he was near my master's form, which had fish on it—I watched him, and saw him lifting the baskets, and shuffling them about, feeling the weight of them in his hand—he then crossed over to Mr. Hewitt's, sen., form, and he had not been there above a minute before he took a basket of soles off Mr. Hewitt's form, and walked away with it—I called to my fellow servant, Bishop, and we watched the prisoner—he walked round the market, and he got almost out of the market, and then he threw the basket or pad over his head, and ran away—my fellow servant stopped, and picked up the soles—I ran after the prisoner, took him, and gave him into custody.
Cross-examined by Mr. O'BRIEN. Q. Were there many persons in the market at the time? A. Yes, the market was full of people—the prisoner had got about forty yards from Mr. Hewitt's form when I came up to him—
I was the nearest person to the form—I was about a dozen yards from the prisoner—he might have seen me when he was at young Mr. Hewitt's form if he had turned round, but he could not when he was at old Mr. Hewitt's form.
RICHARD BISHOP . I am in the employ of Mr. Samuel Hewitt, the younger, a fish salesman at Billingsgate. On 15th April, Morrison pointed the prisoner out to me, and in consequence of what he said I watched him—I saw him go from Mr. Hewitt's, jun., form to the form of Mr. Hewitt the elder—Morrison spoke to me again, and we both went after the prisoner—I saw him carry a basket or pad of fish before him in his hands, and walk away with it—we went towards him, and he put the pad on his head—he walked to the bottom of the market, he there made a pause—he then went to Dark House-lane, and began to sing out for Jerry—he then made a pause, and went some distance towards Thames-street—he threw the pad off his head, and made a run of it—Morrison ran after him, and I stopped and picked up the fish—the prisoner could see me when he threw the basket off his head—I was close to him, so close that the pad nearly caught me in its fall.
WILLIAM BISHOP . I am servant to Mr. Samuel Hewitt, the elder; he is a fish salesman. I was at his form in Billingsgate-market on 15th April—I was not aware we had lost the pad of soles till my brother told me—they were worth 10s.—the basket was my master's, and there was a tin tally marked with Mr. Hewitt's name in the basket.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Two Months.
MR. PAYNE conducted the Prosecution,
WILLIAM GROVES . I live at Harmondsworth, and am in the service of Mr. Dally. I remember 17th April—I saw Wilder that day—he is ostler to Mr. Dally, who keeps the Magpie inn at Harmondsworth—I know my masters's saddle room—corn and oats are kept there—on 17th April, between 4 and 5 o'clock, I went in to tea, and as came back I saw Wilder in the yard—I went towards the gate and saw he had a bundle under his arm—he was coming towards the tap room in a direction from the saddle room—-when he saw me he tried to shift the bundle, which had oats in it—it was in a red handkerchief—he tried to put it under his coat—he went towards the stable—I followed him, and he went into the saddle room and dropt the handker chief into the bin just inside the door—he came out of the saddle room without the handkerchief, and he went into the taproom—I went outside the gate, and while he was in the taproom I went into the saddle room, and saw the red handkerchief that he had had under his arm, and I could feel there were oats in it—it was in the bin where he dropped it—I did not look in it—I afterwards spoke to my master, and he went into the saddle room—he then sent Master George, his son, for the policeman.
Cross-examined by MR. ROBINSON. Q. How old are you? A. I am turned fourteen—I worked for Mr. Daily, assisting in the stable—when I first saw Wilder I was coming from tea—he had the oats under his arm—he tried to hide them under his coat, but he could not—as soon as be saw me he took them from under his arm, and tried to put them under his coat, and he coloured up very much—he went towards the stable—I followed him—he
went into the saddle room, came out, and went into the tap room—I went into the saddle room and saw the handkerchief, and felt there were oats in it—I then went to my master, and he and Master George went to the saddle room—I afterwards went away, and left Wilder in the tap room—Wilder had the same coat on that he has now—it was unbuttoned—he had the oats under his left arm—I never said a word to him—I have been with Mr. Dally ever since he came there, which is six months—I used before that to work for Mr. Groves, who lives about a mile from Harmondsworth.
JAMES DALLY . I keep the Magpie at Harmondsworth. Groves was in my service—he came to me on 17th April, and told me something, in con-sequence of which I went to the saddle room—I saw some oats tied up in my ostler's handkerchief, a red handkerchief—it was in the bin—I put my hand in, and found they were oats—the bin is near the door—the corn room is right through the saddle room—you have to go through the saddle room to get to the oats, but these were in the saddle room, in a bin where they keep brushes and other things—I left the handkerchief there, and sent to the policeman, and he apprehended the prisoners with the oats on them—I then went to the bin again, and the handkerchief was not there—I cannot say that I remember any of the prisoners being in my tap room that afternoon—I was busy, and had a good many letters to write—I have examined these oats produced—I believe them to be mine—I left nine sacks of oats at home when I went away with three horses to Cheltenham, and when I came home the oats were nearly all gone—there was about a bushel left in the bin, and in the handkerchief I should think there was about a pottle—I examined the oats in the bin after the handkerchief was found—I have compared them with what were in the handkerchief, and I believe them to be mine—they were the same sort in every respect—I know the handkerchief that was produced by the policeman—it is the same I have seen my ostler have in his possession.
Cross-examined by MR. ROBINSON. Q. What is a pottle? A. Two quarts—Wilder has been in my service about three months.
Cross-examined by MR. LILLEY. Q. You went to Cheltenham? A. Yes; I went to the steeple chase there—I came home two days before this happened I have kept horses myself these fifteen years—I have not been on the corn market; I have not dealt in corn—I trust to my corn merchant—these are old English feed oats, the best we can get for money—I believe there are not plenty of them in the corn market—they are what we feed race horses with—they are to be got in the proper quarter for money—I have known the Bucklands in the neighbourhood about seven months—I never knew any-thing against them.
MR. PAYNE. Q. Have you got acquainted with the nature and character of oats in your business? A. I believe so.
COURT. Q., You had a horse in training for races? A. I had several—I had these oats for race horses—they are not such oats as are commonly used by innkeepers, they are more expensive, they could not afford to do it.
LOUISA MORRIS . I am the wife of George Morris I remember the evening of 17th April, when these men were taken into custody, I was in Mr. Daily's tap room in the evening part—I might be there at 6 o'clock; Wilder came in while I was there—when I went the two Bucklands were standing outside, and when Wilder came They followed Wilder in—Wilder went out and came in again, and when he came in he had something in a red and white handkerchief tied up—he sat down on the side of the table—the Bucklands were on the other side, and he passed it over to the Bucklands—Aaron took it first, and I saw Edmund take a blue handkerchief off his neck
and tie the red one up in it—after the two Bucklands had received the hand-kerchief, they went out, taking it with them, saying to Wilder they should see him to-morrow night; it was Aaron said that, and Wilder said, "Come about the same time"—I saw some oats drop out of the handkerchief on the table and on the ground.
Cross-examined by MR. ROBINSON. Q. When did you first mention this? A. On the same night, the Sunday night that they were taken; I mentioned it to the policeman after they were taken, I cannot exactly say the time—it might be 10 o'clock or after—I mentioned about their appointing to meet again, at the trial at Uxbridge—I mean to swear I said it—I was standing at the Magpie with a child in my arms against my husband—there were three other men there beside my husband—they were people in Harmondsworth—when this was being done across the table, I might be half a yard from the prisoners, as close almost as I could stand—I did not know exactly what it meant till after the sergeant came and called Wilder out.
Q. Have you ever been charged with anything yourself? A. Yes; worse luck—I was drawn into it innocently—I was tried for an offence and con victed—I do not exactly know whether the police came to me first, or I went to them, but I think I went down to the bar and spoke to them first.
Cross-examined by MR. LILLEY. Q. What time did you go to this public house? A. At 6 o'clock in the evening, and remained there till 10 o'clock—what I have described to-day took place about half past 8 o'clock—during the time I was there I had a little beer with my husband—I do not know exactly how much I drank, I was quite sober—I will pledge myself that I was really sober—I was not drinking the whole time—I drank when I first went in—my husband was there then, and he remained till I went home—he was there when this took place—he spoke to Bucklands—we both might have spoken to them while we were there—we said nothing about the parcel—I saw some oats fall—it was after they fell that the blue handkerchief was put round the red one.
MR. PAYNE. Q. What was the offence they charged you with? A. Tak ing a duplicate from a child—it was in 1841—I had twelve months imprison-ment—I was drawn into it innocently—I mean I was not guilty of it.
COURT. Q. How long have you been married? A. Fourteen yean—I was married at the time that happened; my husband is a labourer, we live in Harmondsworth, in one of Mr. Daily's rents, close to the public house where this happened—I had a nurse child in my arms at the time—I was standing with the child on its feet at the time I saw the oats pass—my hus band was sitting talking to another man by the side of him—a man named Richard Cay wood—he was on his left hand, and I was on his right, and the Bucklands were on the right hand of me—not at the same table—they sat with their backs towards me at the time they were passing the oats—Wilder sat on the other side of the table, and Bucklands on this side, and they passed the oats over the table—there were three other men there besides my husband, one was named Lockey, and another William Pearce—they were sitting behind me—the tables were one on one side of the room, and the other on the other, and two forms between them to make a passage to go from the tap room to the bar—my husband and the man he was talking to, and Lockey, and Pearce, were at the same table, with their faces towards the prisoners—I was standing towards the corner of the table near the fire place which is between the two tables—it is facing the door—Lockey and Pearce were beyond Cay wood—the prisoners were at the other table, the two Bucklands had their backs to my husband.
WILLIAM BEECHEY (police-sergeant, T 29). I am stationed at Harmonds-worth. On Sunday, 17th April, I got some information from Mr. Dally, about 8 o'clock in the evening—I watched near the house—I did not see any of the prisoners come out of the house, but I saw the two Bucklands coming from the house, about a quarter of an hour after I got the information—I heard them talking—one of them said to the other, "I think that is Dally standing at the corner;" and I heard the word "oats" mentioned—I was on the other side of the hedge—they then went on, and I followed and overtook them—I saw Edmund with these oats under His arm, tied in a blue handker-chief, with a red handkerchief in it—I asked him where he got them from—he said he did not know—I then asked Aaron whether he knew anything about them; he said, yes, they were his—I told them they came from Mr. Daily's—Aaron then said the ostler gave them to him—these are the oats and the two handkerchiefs which I took from Edmund.
Cross-examined by MR. LILLEY. Q. How far were you from them? A. Ten or twelve yards—it might be a little more, when I first spoke to them—I said to Edmund, "What have you got under your arm?"—he said he did not know—I asked Aaron if he knew anything about them—he said they were his, and the ostler gave them to him—I have been in that neighbourhood twelve months; I know nothing against the Bucklands—they go about with tin ware and hawking—they keep a donkey.
COURT. Q. What time was it when the boy Groves spoke to you? A. I think between 6 and 7 o'clock.
COURT to WILLIAM BEECHET. Q. When did you take Wilder? A. About a quarter of an hour after I took the other prisoners—he did not say anything. (The prisoners received good characters.) NOT GUILTY .
MR. M. PRENDERGAST conducted the Prosecution.
MICHAEL HAYDON . I am a detective officer. On Sunday morning, 17th April, about half past 12 o'clock, I was on Ludgate-hill, in company with Jarvis—there was a fire at Mr. Purssell's shop—I saw the two prisoners there—I knew them before—I saw Williams go to Mr. Passmore, and put his hand into his pocket—Lyons was standing behind Williams, so as to screen him—Williams withdrew his hand, and went away—I spoke to Mr. Passmore, and in consequence of what he said, I went after Williams, and took him into custody—Jarvis ran forward and laid hold of Lyons, and I saw her throw away this handkerchief, which Mr. Passmore identified—after Williams drew his hand out of the pocket, he went away, and Lyons followed him—they joined together on Ludgate-hill, and spoke to one another—I then spoke to Mr. Passmore, and went after the prisoners, who were walking together twenty or thirty yards from where they took the handkerchief.
Williams. Q. When you took me into custody, you said you saw me make several attempts? A. Yes, I did; I asked you whether you had got anything about you—you said, no—I told you I took you for picking pockets—I told you at the station that the gentleman could not come, but you should see him on Monday.
COURT. Q. How near was she to Williams? A. They were close together—the fire was opposite the Old Bailey—I took Lyons about twenty-five yards off, walking with Williams—we had watched them for half an hour.
SAVORY JAMES PASSMORE . I carry on business in St. Paul's-churchyard. This handkerchief is mine; I had it on Saturday night—when I was in the crowd the policeman said something to me, and I missed it—I saw it again on Monday—I believe I used it at the fire—I had been with a young man for a walk in the Strand.
Williams. Q. Did you see me previous to losing that handkerchief? A. I did not notice you.
Williams' Defence. I was standing there to get a job on the engine; Lyons came and asked me if I saw a person, I said, "No;" I was going along Ludgate-hill; Lyons was twenty yards on before me, and Haydon came and took me for picking pockets.
Lyons' Defence. I am an unfortunate girl, and get my living by walking the streets; on 17th April, between 11 and 12 o'clock, I heard the cry of "Fire!" I ran to see it, and while standing there a young man came and spoke to me that I had seen before; he gave me some handkerchiefs to hold, and told me he would give me a trifle for it; I being in want of a home and food, was very glad to accept the offer, but I solemnly declare I did not know the property to have been stolen; it is the first time I ever was in such a place, and I am perfectly innocent of the charge laid against me.
WILLIAMS— GUILTY .
LYONS— GUILTY .
Williams was further charged with having been before convicted.
GEORGE FREDERICK LEONARD MOLLYNEUX . I produce a certificate of Williams' former conviction by the name of Alexander Lee (read: "Convicted at this Court, June 1851, of stealing a handkerchief, having been before con victed—Confined one year.")
*WILLIAMS. Aged 21.— Transported for Seven Years.
†LYONS. Aged 18.— Confined Twelve Months.
Before Russell Gurney, Esq.
MR. ROBINSON conducted the Prosecution.
GEORGE QUINNEAR (police-sergeant, P 1). From information, I, on 5th April, placed myself opposite Mr. Calcutt's house—he is a butcher, of No. 2, Little Queen-street, Westminster—I went between 5 and 6 o'clock in the morning—I was in plain clothes—about a quarter past 7 o'clock I saw Bradley go into the shop of Mr. Calcutt with a basket—the shop was not open when I first got there—a boy afterwards took the shatters down, and I saw Smith in the shop—when Bradley went in, I saw Smith take some pieces of meat from the front of the shop, and place them in the basket which Bradley had in his hand—it was not weighed at all—I was standing in the passage of a house opposite, and looking through the fan-light of the door—when it was put in the basket, Bradley turned towards the door, and Smith followed and placed something else in the basket—I thought it was a piece of fat, and Bradley left the shop—there was not any money paid—as Bradley left he turned into Queen-street, and into Great George-street; I followed him to the shop of Emmott, who is a coffee-house and eating-house keeper, at No. 7, Bridge-court, Westminster—I was about a dozen paces from Bradley—I went into the shop, and found Bradley in the bar of the coffee-shop, in com-
pany with Emmott—in a few minutes Bradley came from the bar of the little shop, and was going towards the door—I stopped him—the meat was then in the basket in the bar—Emmott was in the bar, and the basket was down by his side as he was serving in the bar, and Bradley came out of the bar and was going towards the door—when I entered the coffee-shop I called for a cup of coffee—it was perhaps four or five minutes after my going in till I stopped Bradley—(there were two other officers with me, in plain clothes)—I told Bradley we belonged to the police, and I should take him into custody on suspicion of stealing some meat from the shop of Mr. Calcutt—his reply was, "I have not stolen any meat, I bought some pieces of meat"—I asked him how much—he said 2 lbs. and a quarter, at 7d. a lb.—Emmott was close by, and I addressed myself to him, and said, "You must consider yourself in custody for receiving this meat, knowing it to be stolen"—Emmott's reply was, "I know nothing of it; this young man has been a lodger of mine for about three weeks, and he having no employ, I gave him a sovereign to go to market to buy some meat; I am not to know where he buys it; I thought he went to Newgate-market"—Emmott's house is between 200 and 300 yards from Mr. Calcutt's—Bradley was in Mr. Calcutt's shop about three minutes—when Emmott told me what he did, I said, "There is some pork here"—that was a guess of mine—he said, "No, there is not; here is all there was, and you can take it"—I took possession of the basket, and afterwards weighed the meat; it contained 4 1/2 lbs. of beef, a small piece of mutton, and a marrow-bone, cut in two—I then told Emmott that I should search his place—he became very violent, and rushed towards the door of the staircase—I there secured him, and conveyed him and Bradley to the station-house—Bradley went quietly—the stairs were at the farther end of the shop—they lead to a cellar, and also up stairs—another officer found 1s. 2 1/2 d. on Bradley, and I found eight sovereigns and 11s. on Emmott—I then went to Mr. Calcutt's, and on seeing Smith there, I said to him, "I am a sergeant of police; I shall take you into custody on a charge of stealing some meat, the property of your employer, this morning"—he said, "I have not stolen any meat, I have sold some pieces"—I asked him how much; he said 4lbs. and a quarter, at 5d. a lb.—at that moment Mr. Calcutt came in the shop, and I related the cir cumstance that had taken place to Mr. Calcutt—Smith said to Mr. Calcutt he had not stolen any meat; he bad sold 4 lbs. and a quarter to a young man, at 4d. a lb., and a marrow-bone—I did not hear him say what be received for the marrow-bone—I then took Smith into custody, and returned with another officer to Emmott's house—on searching the cellar, Emmott's wife was stand-ing in a certain position—I requested her to move, and on her doing so, I opened a little door of a dust-hole under the staircase, and in the dust I found four legs of mutton and two shoulders, and one shoulder was hanging up in the cellar—I showed the whole of them to Mr. Calcutt—there was one with a little bit of wool on the shank of it—I produce the shank here to-day—I searched Smith, and found 1l. 1s. 6d. in silver, and a key, on his person—I then went to his box up stairs, at his master's.
Cross-examined by MR. BALLANTINE. Q. Are you right about what you say of Bradley, that he said he had given 7d. a lb.? A. Yes; I swear that—I was examined twice at the police court—my deposition was taken and read over to me—being reminded of that, I mean to swear it was 7d. a lb. he said—there was a solicitor there on the last occasion—on that occasion I merely gave evidence respecting a book—I believe the deposition was read over to me—I attended to what was read over to me—I have no doubt it was read over for the purpose of my doing so—I heard all that was read—I
still adhere to it, that the sum he said he gave was 7d. a lb.—I never thought it was anything else.-(The deposition being read, stated: "I asked him what it weighed, be replied 4 lb. and a quarter, and that he had given 4d. a lb. for it")—I did not say that—when it was read over to me, I did not make the alteration, because I did not detect the mistake then—that is the only account I can give of its appearing there—it was at Bow-street police court before Mr. Henry—I mean to state, that I having stated 7d. the clerk put down 4d.—I believe it was Mr. Burnaby took the depo sition.
Cross-examined by MR. HUDDLESTON. Q. Didyousay that Smith went to the back of the shop to get the meat? A. No, I did not; he took it from the front of the shop—there were several legs and shoulders of mutton hang ing in front—Smith was inside when Bradley came—I did not see Smith go to the back of the shop while he was in company with Bradley—I saw him go several times to the back of the shop previously—Bradley was in the shop about three minutes.
GEORGE SAWARD (policeman, P 351). I received instruction to watch the house of Emmott, No. 7, Bridge-court, on the morning of 5th April—I got there about half past 5 o'clock—the shop was shut then—it is an eating and coffee house—about 5 minutes before 7 o'clock, Bradley came out and opened the shutters—he went in again, and came out in about five minutes with a basket—he came down George-street, towards Little Queen-street; I followed him, and saw him go into Mr. Calcutt's shop—he was in the shop about two or three minutes—I did not go into the shop—I waited till he came out—I followed on before him; I went into the coffee-shop, purchased a cup of coffee, and was taking it when Bradley came in—when he came in Emmott said, "All right," but Bradley made no answer—I saw Quinnear come in, and be called for some coffee—he sat down in the coffee-shop, and Bradley came from behind the little bar, and went apparently towards the back door—when he got to the middle of the shop Quinnear detained him—I heard some of the conversation—Quinnear said something about his taking him into custody—he asked him something about some pork, but I did not hear distinctly what—I beard him say that he paid 7d. a lb. for 4 lbs. and a half—I did not hear anything else material—I assisted in taking Bradley and Emmott into custody.
Cross-examined by MR. BALLANTINE. Q. What were the words about 7d. a lb., give us the conversation? A. Quinnear asked him what he gave a lb. for it, and he said 7d.—I swear that he asked him that—he said, "What did you give a lb. for the meat"—I am sure those were the words—he said he gave 7d. a lb. for 2 lbs. and a half.
Q. Are you sure that what was said was not, "What was the weight?" A. I am not certain, but I think he said, "What was it a lb.—they have both the same meaning; I would not swear positively, but I think it was what it was a lb.—I did not say a single word about that before the Magi strate; I did not think it requisite, as it was stated by the other officer, that was the reason I omitted it.
Q. Do you swear that was the reason? A. I might not be prepared with the words at the time; I do not know what has prepared me since—I can-not say which was the reason, whether it was that I might not have been prepared, or that the other constable had spoken the words—I heard the deposition read over at the police court—I heard Quinnear's deposition read—I did not detect that it was 7d., and not 4d.
Cross-examined by MR. HUDDLESTON. Q. It was Emmott that spoke
to Bradley, and Bradley said nothing? A. Yes (the witness's deposition being read stated, "Bradley went in the bar to Emmott, he said to him in a low tone, 'All right. '"
Q. Now which is correct? A. I am not wrong, Sir; the Magistrate's clerk must have made another mistake—I heard the depositions read—I paid attention to it—I do not know why I did not get it altered.
THOMAS CALCUTT . I reside at No. 2, Little Queen-street, Westminister; I am a butcher. Smith was in my service, if he sold meat he was to take the money for it—he had no authority to sell meat on credit, without my permission—when he received money for meat, it was his duty to place the money in a bowl on the ledge in the shop—on the afternoon of 4th April, I left my shop about half past 4 o'clock—before I left I counted the number of legs and shoulders of mutton in the shop—I had thirty-seven shoulders and fifty-four legs—before I left, I made a communication to my wife—I came home about 10 minutes before 10 o'clock; counted the legs and shoulders of mutton, and missed one leg and one shoulder—Smith was then gone home—I have seen this shank with wool on it—Quinnear showed me at Bow-street a shoulder of mutton with this on it—I think I have no hesitation in identifying it as one I left amongst the shoulders when I went out—I left one with the shank about half jointed off and the black wool on it, and I missed that particularly—I compared that which was shown to me with what I had left, and it corresponded—I have no hesitation in saying, that that enables me to swear it was my meat—we sell them at 7d. a pound—Smith certainly would have no authority to sell them at 4d. or 5d.—I do not know Emmott at all as a customer—I have seen the beef that was in the basket, the lowest price of that would be 6d. a pound—I had given information at the station before I went out—I went to market on the morning of 5th April, about a quarter before 6 o'clock, and returned 10 minutes before 8 o'clock, and found Smith in custody of Quinnear—Quinnear said, "I have taken your servant in custody on a charge of robbing you of some meat;" some beef, "I think it was"—Smith said, "I have not robbed you, I sold it at 4d. a pound—it weighed four pounds and a quarter, and I took 1s. 4d. for it"—the value of it would be 2s. 6d. and the marrow bone 5d.
Cross-examined by MR. BALLANTINE. Q. If he said 4d. a pound be must have known it was an under price? A. Yes; I am certain he said 4d. a pound—there was no entry of that amount—it would not be his duty to make any entry—he was in custody when I came home at a quarter before 8 o'clock in the morning—it would not be his duty to enter it at all—there were some shoulders of mutton hanging in front of my shop, and some legs on the second rail—he did not say to me that he sold some at 4d., and some 5d.—he said nothing of the kind to me.
Cross-examined by MR. DEARSLEY. Q. When you were before the Magi strate did you not say that though the meat was similar to yours you would not swear to it? A. I said I had no hesitation in swearing to it.
WILLIAM M'KENZIE . I was in the service of Emmott. I left his service on 21st March—he discharged me through a quarrel, about a little bit of work—I had lived with him, between four and five months—while with him I received directions about Mr. Calcutta shop.
Cross-examined by MR. HUDDLESTON. Q. You are not a thief are you? A. No; I have been to Calcutt's to fetch meat, it was not weighed—I have done that twenty times—when Emmott required meat he would tell me to go to Calcutt's, and get whatever joint he wanted, and it was given me and I
took it to Emmott—I would not have done it, if I had suspected it was wrong—I was obliged to do as my master told me.
MR. ROBINSON. Q. The meat was not weighed nor paid for? A. No; Mr. Calcutt was never there when I went to Smith—sometimes a boy was there, and then I was sent back and told there was nothing for me that morning.
MARIA CALCUTT . I am the wife of Thomas Calcutt. I was in the parlour adjoining the shop on 3rd April—I went into the shop from time to time, and took money out of the bowl—I never found more than a shilling there—I did not come down the next morning, till Smith was in custody of the police—there was meat sold, but I did not take the money for a leg or shoulder of mutton.
NOT GUILTY .
SARAH WELLS . I am a widow, and live at No. 24, King Edward-street, Mile-end New-town; I occupy two rooms on the ground floor, I keep my saucepans and dirty linen in the back room. On Sunday night 10th April, I went to bed about 9 o'clock—before I went to bed I went into my back room, bolted the back door, and everything was then safe—the next morning, I was called up by a lodger—I then found the back room window was half out, it had been left safe the previous night—I found the things piled up ready to take away—this saucepan had been taken out—it is mine, and had been left safe the night before.
HENRY TINGEY . I am a silk weaver, I lodge in the same house as the last witness. On Monday morning 11th April I went down stairs about half past 5 o'clock, and went in the back yard—I met the prisoner coming out of the yard, with this saucepan in his band—I questioned him what he did there, his answer was, "Nothing"—he put the saucepan down in the street on the stones, and ran away—I awoke my neighbours, and acquainted the police—I had not known the prisoner before—I am sure be is the person, I gave a description of him to the police.
JOHN HAWKES (policeman, H 195). The last witness gave me inform-ation about a quarter before 6 o'clock that morning, and gave me a description, in consequence of which I took the prisoner the same night at a low lodging house in Spitalfields—he said he knew nothing about it.
Prisoner's Defence. I was at my own lodging house that Monday, the policeman said he wanted me for a robbery; I said I knew nothing about it; he said that the first robbery that was committed he would have me up for it; why did not he take me without giving me to another party?.
JURY to HENRY TINGEY. Q. Did you stop any time so as to see the prisoner? A. Yes; and be had the same hoarseness on him that he has now—he first said, "Nothing"—and then he put the saucepan on the stones in the street, and ran away—I saw him again the same night, I know him to be the same man—I am thoroughly convinced he is the person—I do not think I can be mistaken.
GUILTY .* Aged 23.— Confined Twelve Months.
THIRD COURT. Wednesday, May 11th, 1853.
PRESENT—Mr. Ald. WIRE, and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY . Aged 42.— Confined Six Months.
584. JAMES JONES , stealing 4 decanters and 4 candlesticks, value 1l. 16s.; the goods of Fanny Davis: also, stealing 3 brushes, value 10s.; the goods of John Norman; having been before convicted: to which he pleaded
GUILTY . Aged 23.— Transported for Seven Years.
GUILTY . Aged 27.— Transported for Seven Years.
MR. COOPER conducted the Prosecution.
PATIENCE WOOSTER . I am the wife of Jeremiah Wooster, of Long-lane, West Smithfield, a cabinet manufacturer. Eldridge came into the employ-ment some time in Feb., as a French polisher; he was with us about two months—I missed some desks, and a great number of things, which I have seen since.
CLARA TYLER . I was servant to Mr. Wooster. On 13th April, about 5 minutes to 2 o'clock, I saw Phillips and London come out of the front door of the shop; they each had desks in their hands; one went Barbican way, and the other Smithfield way—I then went up stairs to work, and saw Eldridge in the work room—that was all I saw
Cross-examined by MR. O'BRIEN. Q. Where were you? A. Coming out of the side door, which leads into the house—I had never seen them before; I next saw them in the dock at the police office next day—the forewoman generally serves in the shop; she is not here—there are six workpeople in Mr. Wooster's employ, and about six people in the shop—they go to dinner at 1 o'clock—they were at dinner at this time; they remain an hour at dinner—only the apprentices and the forewoman have their dinner on the premises—the apprentices have their dinner up stairs.
MR. COOPER. Q. Was anybody in the shop at this time? A. Not that I know of; the people who generally attend to the shop were up stairs; but I did not go into the shop at that time.
Prisoner London. Q. What day of the month was it? A. I cannot swear to the day, but it was on a Wednesday in April—I am quite sure of you.
JOHN FANCETT (City policeman, 212). On 14th April, about 9 o'clock, I went into a beer shop in St. John's-row, from information I had received, and found Phillips, London, and Hurst; I took them to the station—my brother officer searched them in my presence, and found 30s. on Phillips—I went to Phillips's lodging in Nelson-passage, Nelson-street, St. Luke's, and found this small box (produced), and a pawn ticket.
Cross-examined by MR. PAYNE. Q. You searched the lodging of the other prisoners, and found nothing? A. Yes
Cross-examined by MR. O'BRIEN. Q. How did you find Phillips's lodging? A I had heard that he lived there; he did not tell me, nor did anybody in his presence—I had never been there before—I saw a woman there, who said she was Phillips's mother.
GEORGE FREDERICK LEONARD MULLINEAUX (City policeman, 293). I took Phillips on 14th April, at a beer shop at the corner of Orchard-street, London and Hurst were with him—I told him I was a policeman; that whatever he said to me might be used in evidence against him; and that if he wished to say anything about the robbery, he could say what he thought proper—he said, "Well, I will tell you the truth; I have had two desks, and London has had two; I do not know how many Hurst had, and do not know what he did with them"—the other prisoners could hear what he said, and they told him to hold his tongue; and said that if it had not been for Eldridge, they should have known nothing at all about it; that he put them up to it—I searched Phillips, and found on him 30s. and 3/4
Cross-examined by MR. PAYNE. Q., You only found a door key on Hurst? A. That is all.
Cross-examined by MR. O'BRIEN. Q. There was another policeman with you? A. Two more; one of them (Moss) remained while I was searching—he is not here, he heard what occurred—he was at Guildhall, but was not examined—I made no memorandum of the conversation—I did not see Mr. Wooster's servant girl till after the first examination before the Magistrate—she was there at the second examination, which was about a week afterwards—I did not bring her to the police office, I believe Mr. Wooster brought her—she did come to the station on the night we apprehended the prisoners-two desks were not seen on the 14th by the servant gill; it was one of the work girls, Clara Tyler.
Cross-examined by MR. O'BRIEN. Q. Had you known Phillips before? A. No; I did not take in the pledge, but I was by when it was taken in by my uncle—I had never seen Phillips before, I am sure he is the person—I saw him again at Guildhall, in custody, about a fortnight ago—I noticed him when he came, because he could not put in the piece of wood which covers the secret drawers—this ticket (produced) contains the name be gave, and states that it was pledged for Thomas Hurst.
PATIENCE WOOSTER re-examined. Those desks, and this little box art all my husband's; they are new, and hove never been sold I am quite sure—I know nothing of London and Phillips, they had no right on the premises—I generally serve in the shop.
Cross-examined by MR. O'BRIEN. Q. Is there any mark on that small box? A. I can swear to it, because it was looked out by a gentleman named Harvey, in Duke-street; I forgot to send it, and it remained on the counter—I can swear to it by the escutcheon, the escutcheons of all the others on the premises were different—there are several workmen—every box made on the establishment generally passes through my hands—there is no mark on this desk to show that it was not sold; we sell a considerable number of this pattern and kind—the forewoman sells also, but no one else—my husband it not in the shop, the forewoman has been there eighteen yean; she is not here.
MR. COOPER. Q. Are you quite certain they were not sold? A. Quite.
PHILLIPS— GUILTY . Aged 20.
LONDON— GUILTY . Aged 19.
Confined Twelve Months.
ELDRIDGE and HURST— NOT GUILTY .
587. THOMAS ELDRIDGE and THOMAS HURST were again indicted for stealing, on 13th April, 3 writing desks, value 2l.; the goods of Jeremiah Challenger Wooster, the master of Eldridge. 2nd COUNT, charging Hurst with feloniously receiving the same.
MR. COOPER conducted the Prosecution.
Cross-examined by MR. PAYNE. Q. Did you know him before? A. No; he was about five minutes in the shop; we sometimes take in 300 pledges in a day—I do not know who pledged immediately before or immediately after.
Cross-examined by MR. PAYNE. Q. How many pledges do you take in in the course of the day? A. About 400—desks are not often pledged.
JANE WHITESIDE . I am the wife of John Whiteside, a porter. I bought some pawn tickets of Russell, about a week after Good Friday, one for a young man, and one for myself; I burned the one I had, it was for a writ ing desk—I had the desk fetched out for the young man by Mrs. Russell.
FRANCES RUSSELL . My husband sold a ticket to the last witness, and I got a writing desk out of pawn at Mr. Smith's in Bath-street—it was some-thing like this one (pointing to one produced)—I gave it to a young man who came for it.
PATIENCE WOOSTER . These desks are all my husband's property—they all stood together; three or four of them are gone—none of them have been sold—two were taken in the beginning of April, and four on 13th April.
Cross-examined by MR. PAYNE. Q. When can you say you saw them last? A. They have been taken from so many different piles that we cannot say; we did not miss them until the two men were seen going out at the door.
ELDRIDGE— NOT GUILTY .
HURST— GUILTY on 2nd Count. Aged 19.— Confined Twelve Months.
MR. COOPER offered no evidence against
HURST and LONDON— NOT GUILTY .
MARGARET COLLINS . I am house servant, in the employ of Mr. Wooster. On 8th March, Eldridge came to his work about a quarter to 8 o'clock in the morning, and asked me where my mistress was; I said, "In her bedroom"—he said, "I want to go for a walk round Smithfield"—he went away, and a few minutes afterwards I heard the counting house door go which leads into the warehouse—I looked over the banisters, and saw Eldridge coming out of the counting house, with something under his coat which appeared to be a writing desk; he walked out at the street door with it—he came back without it, and I said, "What have you been doing?"—he said, "Nothing particular"—I said nothing about it at the time, but afterwards mentioned the circumstance.
PATIENCE WOOSTER . Eldridge was in our service in March—I missed a great many desks—I never gave him leave to take a desk out; he had no right to do so—it was no part of his duty to take desks home which were sold, and we sent none home—it would be wrong for him to do it—he was a polisher—we always send them home by a young man in our employ.
ELDRIDGE— GUILTY .* Aged 18.— Confined Eighteen Months.
MR. COOPER conducted the Prosecution.
ELIZA COVILL . My husband is a whip-thong maker, of Sweetland-court, Bishopsgate-street. On 6th April I was cleaning windows, and saw the prisoner come up the court—I had occasion to go in doors, and about five minutes afterwards saw the prisoner turning round the sentry box in which the fireman sits—I went down stairs, and saw him open the fireman's box, and take out what I thought was a blanket and a coat—he laid them down on the pavement, turned the box into its right place, put the cord across it, picked the things up, put them under his arm, came up to me, and asked me which was Shoreditch station—I told him I thought he knew better than I did, but if he did not it was straight along; but he did not go straight along, he turned down Artillery-lane, which excited my suspicions, and I followed him—I met Blowes, the policeman, and told him.
Cross-examined by MR. B. THOMPSON. Q. How far is the window from the sentry box? A. Not above a yard; his face was towards me—it was half past 7 o'clock in the evening—it was not twilight; I could see him plainly—I next saw him at the Mansion House quite differently dressed, but I knew him; he was with a lot more prisoners—I do not know whether the other prisoners had their hats on, the prisoner had a cap on.
THOMAS BLOWES (City policeman, 616). On the evening of 16th Aprill, about a quarter to 8 o'clock, Mrs. Covill told me something, and pointed to the prisoner—I stopped him, and asked what he had got there; he said he had got his brother's things out of the fire escape box—I said, "What is your brother's name?" he said, "Tyler," and that his brother was going to be shifted to Old-street-road, which I knew to be the case; and knew the name to be right, therefore I let the prisoner go—I afterwards saw him and identified him.
Cross-examined. Q. When was he taken into custody? A. On 20th April; I did not take him—it was about a quarter before 8 o'clock in the evening that I had the conversation—it was dusk; the lamps were alight—he had on a fireman's cap, but not a fireman's coat—I saw him next at Clerken well police court, in the dock—I took Mrs. Covill to identify him—I had no
conversation with her—I was six or seven minutes in conversation with the prisoner in the street—I did not know who he was, or I should have taken him before—I believe at the time I identified the prisoner at the Mansion House, the other prisoners were told to take their caps off—the prisoner had not a fireman's cap in his hand then, he had a different cap—he had a fireman's cap when he was examined at Clerkenwell.
MR. COOPER. Q. Whatever cap be had was different from the one you saw him in? A. Yes; he was eight or nine yards from Mrs. Covill when she identified him.
JOHN TYLER . On 16th April I had the care of the fire escape at Bishopsgate station. About 6 o'clock that morning I left there a blanket, coat, hat, and two scarves; when I went at night, the lock was broken off and the things were gone—the prisoner is no relation of mine—I do not know him.
Cross-examined. Q. Is that a fireman's cap you have in your hand? A. Yes; other persons do not wear them—we do not sell them when they get shabby.
GUILTY . Aged 22.— Confined Twelve Months.
OLD COURT.—Thursday, May 12th, 1853.
PRESENT—LORD CHIEF JUSTICE JERVIS; Mr. BARON ALDERSON; Mr. JUSTICE COLERIDGE; Sir ROBERT WALTER CARDEN, Knt., Ald.; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq. and the Third Jury.
GUILTY . Aged 25.— Confined Twelve Months.
Before Mr. Baron Alderson,
MR. PLATT conducted the Prosecution,
MICHAEL KAHLER . I live with nay mother at 17, York-court, East-street, Marylebone, and help at a plasterer's. On 6th April, a little before 7 o'clock in the evening, I was standing at the corner of the court in East-street—the prisoner and two other boys were on the other side of the way, they were throwing stones at me—I went over to the prisoner, and asked what he was throwing stones at me for—he told me to go and b—r myself, and I slapped him in the cheek with my open hand once—I just tapped him again, it was a slight blow with my open hand—upon that he drew a knife out of his pocket, and stuck it in my shoulder—before he took it out I saw him with his hand in his pocket, and he appeared to open the knife in his pocket—I bled a good deal—the prisoner ran off when he had done it—Mr. Clark, the surgeon, afterwards saw me.
Cross-examined by MR. PAYNE. Q. A great number of people live in this York-court, do not they? A. Yes; the boys were throwing stones at me, and bits of clay as well—they hit me in the eye; it was not black—there
were two boys besides the prisoner—there was nobody with me—Patrick Clancy was on the opposite side of the street—the second time I touched the prisoner I only just tapped him in the face—that was when he made use of the bad language—he was then standing on the step of a door, he did not move from there—he could have walked away if he liked—there was only one step to the door—he was between two railings—I did not, after hitting him twice, strike him on the arm—I saw him take the knife from his coat pocket—I cannot say whether it was a shut-up knife—he had a Stick in his hand—he was not cutting a cat—I am a bigger boy than he is—I did not know him before.
PATRICK CLANCY . I live at No. 17, York-court. On the evening of the 6th April I was in East-street—I saw the prisoner throwing stones—I cannot say whether he was throwing at Kahler, he was throwing towards him—two other boys were with him—Kahler went over, and tapped him in the cheek—I saw him tap him once—I saw the prisoner pull a knife out of his pocket, and stab Kahler in the left shoulder—I did not see him do anything before he took the knife out—I saw blood come from Kahler's shoulder—the prisoner got away.
Cross-examined. Q. What are you? A. I work at a coal-shed, and have done so for six months—I was not playing with Kahler, I was going up East-street with my master's things—I know Kahler by living in the same court.
SAMUEL PALMER . I live in Park-street, Dorset-square. I was in East street on this night—I saw the prisoner and the other boys throwing stones at Kahler—Kahler went over, asked him what he did it for, and tapped the prisoner on the face—he said some word which I did not understand, and he hit him again, and then he pulled out his knife and stabbed him.
RICHARD STOREY (policeman, D 212.) The prisoner was given into my custody by the prosecutor about 8 o'clock on the night in question—the prisoner told me that the prosecutor had hit him twice before he stabbed him—I asked what he did with the knife—he said he threw it away.
Cross-examined. Q. Did not he say that Kahler had hit him three times, twice on the face and once on the arm? A. No, twice—he did not tell me what sort of a knife it was; I did not ask him—York-court is a very troublesome, bad place, full of bad characters—it gives the police and the magistrates a great deal of trouble.
FRANCIS CLARK . I am a surgeon, living in Henrietta-street, Cavendish-square. Kahler was brought to me—I found an angular wound on the left shoulder about an inch or an inch and a half in extent, and apparently about an inch deep—it was not a dangerous wound—he had bled profusely—I found some lint on it, which had been hastily applied, but which did not stop the bleeding—I dressed it properly.
GUILTY of unlawfully wounding. Aged 13.—Recommended to mercy by the Jury in consequence of his tender age. The prisoner's father stated that he was in very delicate health. — Confined Six Months.
Before Lord Chief Justice Jervis
MR. BODKIN (with MR. CLERK) for the prosecution, offered no evidence.
NOT GUILTY .
GUILTY . Aged 40.—(MR. WOOLLETT, for the prisoner, expressed his deep regret for the act he had committed; but pleaded as an excuse that he was greatly intoxicated at the time.— Confined Three Years.
Before Mr. Justice Coleridge,
MR. PARRY conducted the prosecution, and MR. PAYNE the defence.
GUILTY . Aged 23.— Transported for Fifteen Years.
MR. CAARTEN conducted the Prosecution.
FREDERICK CROXFORD . I am a labourer, of No. 15, Ecclestone-place, Pimlico. On Sunday, 2nd May, I was returning home about half-past 12 o'clock at night—I passed Ecclestone-mews, and John Campbell came across to me, and said, "You b—r, I have been waiting for you"—I had never spoken to him before, and said, "My good fellow, what are you waiting for me for?"—he made a strike at me, and hit me, and I made a strike at him, and hit him again—no more blows passed between us; he ran to his brother's door, almost opposite, I do not know the number—he did not go into the house; he called his brother Bernard, and the other prisoner came out of the house, and called out to his brother, "Your knife!" and I saw John pull a knife out of his right hand trowsers pocket, and open it—I was then about twelve yards from them, and Thomas Wadlow was with me; he is a fellow lodger of mine, who came running down stairs—I made to the door of my own house, but it was fastened; I opened it with the string, and as I was going in received a stab in my arm—it was John Campbell who gave it to me—I did not see him do it, but he was close to me—I did not see the other prisoner at that time—John followed me into the passage, jobbed the knife into my left cheek, and left it there—Wadlow had run into the house before me, and got on to the stairs—I ran up the stairs, and saw Ann Highams in the passage—I bled very much, fainted, and was taken into my own room; a surgeon was sent for—I did not see Bernard Campbell while I was in the passage; I did not see him after I heard him use the words, but I am certain that he is the man that came out of the house with the other prisoner.
Cross-examined by MR. O'BRIEN. Q. Were there more than two men there? A. I did not see more than two—I had seen the prisoners before, but bad never spoken to them—the man who said, "Your knife!" had on dark trowsers, and was in his shirtsleeves; he had not a black coat on—when John Campbell said, "I have been waiting for you," I said, "I shall not run away, Jack will be as good as his master"—only two blows were interchanged between us; he reeled under my blow—he was alone then, and so was I; he was about fifty yards from the house he afterwards went into—after he struck me, and I had struck him, he ran to the house, and I remained in the middle of the street—I did not change my position till I saw him open his knife; he was then about twelve yards from me—Wadlow was with me; he stood at the door—Bernard was nine or ten yards behind John; I saw him come from the door, and then say, "Your knife, your knife!"—there is a lamp opposite our door; I do not think that is fifty yards off—I am sure that the man who came out had dark trowsers on.
MR. CAARTEN. Q. How long have you lived there? A. Three years—I do not know how long the prisoners have lived there; I have seen them backwards and forwards for the last six months.
ANN HIGHAMS . I lodge at No. 50, Ecclestone-place, in the next room to Croxford. I never saw the prisoners until this night, when I was in my room, and about twenty minutes past 12 o'clock heard a scuffle, went to the window, and saw John Campbell in the attitude of fighting Croxford in the road right opposite—I saw John Campbell strike Croxford one blow, and Croxford returned him a heavier one, which caused him to reel two yards or two yards and a half—while he was reeling I heard a voice at the lamp-post say, "Your knife!"—I do not know who it was said that, but I believe it was not Bernard Campbell; it was a bigger and stouter man—John then put his hand into his right band trowsers pocket, drew his knife, and opened it—I then called out, "Croxford, run! he has got a knife;" and he ran to the door of our house—John ran after him, and the person at the lamp post, who had called out, "Your knife!" also ran towards the door, after Croxford—I could not see whether John got into the house—I called loudly, and a person came across the road—I went to my room door, opened it, and saw Croxford on the first floor landing, with a knife in his face; the handle was bent apparently by the stab—he did not bleed till be drew the knife out, chucked it on the floor, and said, "I am stabbed;" he then bled a great deal—I got him to bed, and afterwards saw a wound in his arm.
Cross-examined. Q. Had the man who said, "Your knife!" white trowsers on? A. Yes, and he was taller and stouter than Bernard—I am positive Bernard is not the man—I was at the first floor window; there was a light right opposite—I could see the persons plainly—I saw the same stout man that stood under the lamp come with John towards the door.
THOMAS WADLOW . I live at No. 50, Ecclestone-place. It was No. 15, but the numbers have been altered—on this Sunday night, about half-past 12 o'clock, I was in my bedroom, which is in front of the house; I looked out of the window, and saw Croxford coming along Ecclestone-place, and John Campbell coming from Ecclestone-street; he was about a dozen yards from Croxford when I first saw him; I saw them conversing together, but could not hear what they said—I went down stairs, went into the street, and saw them about four yards from No. 50—John Campbell struck Croxford, who returned the blow—there was nobody else in the street then—after the second blow, John Campbell said, "Stop a bit;" and Croxford said, "I shan't run away, Jack will be as good as his master"—John Campbell then went over to his own house, and called out, "Barney!"—(I had known him by sight for about a week, and knew where he lived, and the other prisoner also; they live about twenty yards from where Croxford and I live)—I saw a man come to the door, who I believe to be Bernard; he came out of the house, and called out, "Your knife! use your knife!"—he ran across the road, and followed John, who then had a knife in his hand, which I had not seen before I heard these words—I saw him take it from his right hand pocket, and open it—they went up to the door of the house where I live, and I and Croxford rushed into the passage together—I got into the passage first; John was outside; I did not see him or Bernard come into the passage; I ran up stairs—before I got up, Croxford overtook me; and when he got to the top of the stairs, he was bleeding very much from a wound in the cheek—I did not see the knife in his cheek—I went for a surgeon.
Cross-examined. Q. Are you positive it was Bernard? A. No; I can-
not swear to him—the person had on white trowsers, I could not tee whether be had a dark coat on or not—John Campbell was nearest to me—I could see that John Campbell and the prosecutor had had a drop of drink before they began righting.
COURT. Q. Looking at Bernard, is be about the same size, or bigger than the man with the white trowsers on? A. Just about the same size.
JOHN WARD (policeman). I was on duty in Chester-square, and heard a disturbance towards Ecclestone-place—I went there, to No. 36, which is sixty or seventy yards from the door of No. 50—another constable was with me—I found the outer door fastened; after knocking twice, and getting no answer, we broke the door open, got into the passage, and saw a light in the back parlour, the door of which was then open, but it was shut immediately—I knocked, and the first thing I heard was some one saying, "Poker and tongs!"—I had not said who I was then—I knocked again, and some one said, "Who is there?" I said it was the police; we eventually broke in, and found the two prisoners, John with his trowsers on and the tongs in his hand, and Bernard in his drawers and stockings, with a poker in his hand—Bernard struck me on my hat—I was in my uniform; I got the poker from him, and told them that there had been a man stabbed outside, in Ecclestone-place, and that the two men were seen to go into that house—they both said they knew nothing about it, and that it must be a man named Lucas, who had made his escape at the staircase window at the rear of the house—I found several spots of blood on the right hand side of John's trowsers, the marks were wet, I have no doubt that it was blood—I said he must be the man; he said he knew nothing about it, and I took him into custody.
Cross-examined. Q. Had you known Bernard before? A. No; I do not know where be works—he has been out on bail.
JOHN M'CULLUM (policeman). On 2nd May, about 1 o'clock in the morning, I went to No. 51, Ecclestone-place, and found this knife (produced) in the passage, wet on both sides with blood up to the handle; it was half shut as it is now.
FREDERICK ANDREWS . I am surgeon to the Pimlico Dispensary. I was sent for to No. 50, Ecclestone-place, and found Croxford sitting on a bed, with a wound on his left cheek in front of the ear, it was bleeding—he seemed faint from loss of blood—the wound was about an inch long, and about three quarters of an inch deep; the edge was smooth, but it was of irregular depth, I suppose it was caused by a thrust—a knife of this kind would be likely to make such a wound—I examined his arm, and found a wound by the elbow—neither of the wounds were of a dangerous nature—(John Campbell's statement was here read, as follows: "I was coming along Ecclestone-place by myself, about 20 minutes past 12 o'clock, and met Croxford, we spoke together, and this man and Wadlow and an old man all came running to me together—I called my brother Bernard, and he did not come; after that I used the knife, and the policeman came and took me—the officer bursted open the door without speaking, and we did not know who was there when he came to the parlour door. "
JOHN M'CULLUM re-examined. I went to the staircase window, turned my lamp on, and went round to the back of the premises, but could see nothing—the prisoners pointed the window out to me, it was shut—a person getting out there would have had to go through some other houses to get into the road again—I went into some of the houses at the back to know if anybody had been through, but not to all—the window is on the first landing, it is half door and half window, you do not have to go down steps from
it as all the back part of the premises is raised, so that on coming from the doorway you are on a level at once.
John Campbell. Those were my trowsers.
(The prisoners received good characters.)
JOHN CAMPBELL— GUILTY of unlawfully wounding. Aged 18.— Confined Twelve Months.
BERNARD CAMPBELL— GUILTY of aiding and assisting. Aged 36.—Recommended to mercy by the Jury. Confined Twelve Months.
Before Lord Chief Justice Jervis
GUILTY . Aged 25.— Transported for Fifteen Years.
MR. COOPER conducted the Prosecution.
JULIA MAHONEY . I live in Victoria-place, and gain my living by prostitution. The prisoner is in the same way of life—on 3rd May, about half past 6 o'clock in the morning, I was before the Royal Sovereign public house, Bluegate-fields, and saw the prisoner on the other side of the road, she came across to me and said, "I owe you a spite for sleeping with my brother, and I intend to do for you"—I saw a knife in her hand, and said, "Jane, don't stab me;" with that she stabbed me in the throat, and I ran into the Royal Sovereign to protect myself, and she ran after me and stabbed me twice on the forehead—I then fell insensible.
Prisoner. Q. You were outside the Royal Sovereign, drinking rum with me and a sailor? A. Yes; about half-past 5 o'clock I was—I did not dive my hand into the sailor's pocket, take his money, and run away—you were not drunk, but not quite sober.
MARGARET DRISCOLL . I was servant at the Royal Sovereign. I saw the prisoner stab Julia Mahoney outside the house, and then ran into the public house and stab her again—I took the knife out of her hand, and gave it to my mistress—the prisoner appeared to have been drinking, but was steady enough to know what she was about—I bad not seen them together before that, but they had had some dispute in the street.
DANIEL Ross. I am divisional surgeon of police. I examined the prosecutrix, and found an extensive incised wound, commencing about the centre of the forehead and extending to the temple; it went to the bone, but did not cut the temporal artery—there were also two superficial wounds on the left side of the neck, which appeared to be done by a sharp cutting instrument, such as this knife (produced).
GUILTY . Aged 24.— Transported Ten Years.
Before Mr. Baron Alderson.
MR. M. PRENDERGAST conducted the Prosecution.
wife quarrelling—he was lying down in the yard, on top of her breast, battering and kicking her—I did not interfere till he had beaten her three times—I then went out and got hold of him by the hair, and gave him a blow—in going to strike him with a broom I broke the stick in half, but did not strike him—he went away for about five or six minutes, and I sat down in the house with my wife—I heard a very horrid noise, and somebody called out, "Mind the knife!"—my wife got up, opened the stair door, and went out—I followed her—she saw the prisoner, and she directly caught me by the arms, and said, "Go back"—the words were scarcely out of her month, when the prisoner truck me in the chest over her shoulder—I do not know what with—we both followed him—I found him lying on top of his wife again, in the street, but before that he gave me two more blows—one was on the lip, it bled a little—I did not separate him from his wife again; he went away directly he saw me—I followed him about sixty yards, and then returned—I did not know what had happened—I complained of my chest being sore, and my wife examined, and found a wound, which was bleeding—I fainted three times—I afterwards went to Dr. Ross, who dressed the wound—I received no blow in the breast from anybody but the prisoner.
Prisoner. Q. When my wife and I were quarrelling, was I in my sober senses, or rather the worse for liquor? A. You were not very drunk; I know you had taken some liquor.
BRIDGET WHITE . I am the wife of the last witness. On this Saturday I was very bad in bed—I heard a quarrel and screaming between the prisoner and his wife, and came down stairs twice about it—I saw my husband break the broomstick—the prisoner was not there then—I saw my husband have hold of the prisoner by the hair of his head, and hit him two or three times—the prisoner's wife was in the yard; be had been attacking her before my husband interfered—I got hold of my husband, and separated them—after that the prisoner went out into the street—he was away about a quarter of an hour—while he was out, my husband and I were sitting down in the house, and I heard a voice cry, "Mind the knife!"—that induced me to go to the door, and I saw the prisoner coming from the yard—I returned back, put my hands on my husband's arm, and told him to go back—before I bad said the words, almost, the prisoner struck over my shoulder and hit my husband in the chest—he then went away, and my husband returned to the house; I examined his breast, and saw a wound, and blood on his shirt.
Prisoner. Q. When you heard the words "Mind the knife!" did you see me? A. No, not then—you have been married two years, and have one child—I have heard you say once that you were a little ailing in your head.
DANIEL Ross. I am a surgeon, of Commercial-place, Commercial-road. I examined the prosecutor—he had an incised wound on the front part of the chest, just by the left breast; the edges were clean cut, showing that it was done by a sharp instrument, as a pointed knife—it penetrated the chest, and wounded the left lung—his life was in danger for three or four days—it has healed now—I did not notice any wound on his lip.
Prisoner. Q. Did not you examine my arm? A. No; that was my son, who was called to the station-house.
Prisoner's Defence. He attacked me in the yard, knocked me down, and stunned me; when I came to my senses he was kicking me, and my wife and mother-in-law were standing by; he kicked me in the private parts; I picked up the broom and attempted to strike him, but be had hold of me by the head; the broom split in two, and I struck him with the splintered part of it; I was not possessed of a knife, I never carried one; my father-in-law said he wished
he could separate me and my wife, that he wished her rather to be a common woman in the street than my wife; I am subject to a little weakness, and he should have laid his hand on my shoulder, and spoken easy to me, as my will does.
GUILTY . Aged 29.— Transported Ten Years.
NEW COURT—Thursday, May 12th, 1853.
PRESENT—Sir JAMES DUKE, Bart, Ald.; Mr. Ald. FARNCOMB; Mr. RECORDER; Mr. Ald. FINNIS; Sir ROBERT WALTER CARDEN, Knt., Ald.; and Mr. Ald. WIRE.
Before Mr. Recorder and the Sixth Jury.
599. HENRY BRIDPORT , breaking and entering the dwelling house of Charles St. Clare Bedford, and stealing 1 necklace, and other goods, value 2l. 14s., of Phœbe Jane Grymes: and 4 yards of calico, and other goods, value 4s., of Lucy Davis: to which he pleaded
GUILTY . Aged 37.— Confined Twelve Months.
GUILTY . Aged 16.— Transported for Seven Years.
MR. ROBINSON offered no evidence. NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
THOMAS FREDERICK NEWELL . I am a wholesale stationer, in Cloak-lane. On 13th April I received a consignment of six boxes of copying paper, among many others—three of them were opened immediately, and the other three were suffered to remain in the passage leading to my warehouse—it is in the parish of St. John the Baptist, in the ward of Walbrook—each of the boxes that were opened contained twenty reams of paper—I cannot tell how long the boxes remained in the passage; it was between three and four hours—I received them between 10 and 11 o'clock in the morning—one of them was missing at 5 o'clock—I gave information to the police, and offered a reward—on the Friday morning, the next day but one, I sent Mr. Clements to the prisoner Jackson's, in consequence of information—the police were with us at the time we went—I have since seen twenty reams of paper produced by the officer—it is in my belief a part of that paper that came to my place that day—it is foreign paper, made in Germany—it has of course no Excise mark on it—the Customs levy a duty on it—it is a very peculiar quality—I have not sold twenty reams of paper of this sort—this agrees in colour and quality, and in number of sheets in each ream, with what I lost—the five boxes that were opened were nailed, as all boxes coming from Germany are, with very peculiar nails—I have one of the cases here, and here is one of the nails of it—the twenty reams were worth about 6l., about 6s. a ream.
Cross-examined by MR. BALLANTINE. Q. What part of Germany does
this come from? A. From the kingdom of Wirtemberg—the duty on it is 4 1/2 d. a pound, and an additional duty of five per cent, on the former duty; that would be about 2s. a ream on this paper—the value of it, independent of the duty, would be about 4s. a ream—that is not the price I give now for it—this is used in copying machines—the first time that I can properly say I sent any one to Jackson's was when Mr. Clements went—he is here.
Izard. Q. Did you open every one of the cases? A. Not every one—I believe this is my paper—it corresponds exactly with the paper in all the remaining cases—they were all invoiced to me as the same paper—I can only say I believe that they were all the same.
MR. CLARKSON. Q. What did they weigh? A. About 105 lbs.
OWEN PASK . I am a stationer, and live at No. 87, Old-street, nearly opposite Mr. Jackson's—he is an oil and colourman. On the morning of Thursday, 14th April, he came to my shop with a ream of paper, similar to these reams that are here—it was some time between 8 and 9 o'clock—he said to me, "Mr. Pask, will this paper suit you?"—I said it would not; it was not a size that I usually kept—he said a party had brought him a ream to see if he could do anything with it, and there were twenty reams of it—he said I could have it at 2s. 9d. a ream if it would suit me—he said he did not know the value of it himself; would I tell him what it was worth?—I said I considered it was worth full 10d. a pound; that would be about 4s. 6d. a ream—I asked him what was the weight of the ream—he said, "About 5 1/2 lbs."—he then said he could not do much harm by taking it, as the party wanted 2s. 6d. a ream for it from him—I told him it would not suit me, and he then left the shop—on the afternoon, of that day, in consequence of some inquiries made of me, I sent my lad to Jackson with a message—he went, and he returned with a quire of paper—on the following morning, the 15th, Mr. Clements came to me, and I permitted my lad to go with him over to Jackson's.
Cross-examined. Q. You live opposite to Jackson's? A. Yes, nearly so—I have resided there since 1839—I cannot exactly say how long Jackson has lived there; I should say ten years—he is an oilman—I do not know that he sells tea and grocery; I never beard of it—I should think this paper would not be the sort of paper for putting tea in; it would not be strong enough—I should say there is very little of this German paper in England—this was all done openly—he said some person brought him one ream, and there were twenty reams—he brought it to me for sale—I merely compared this with some tissue paper that I kept—I said I gave 10d. a pound for that, and I considered this was worth full 10d. a pound—I do not know whether there is much paper smuggled into this country—I am not in the wholesale paper way.
CHARLES BULLEN . I am errand boy to Mr. Pask. On 14th April, in consequence of directions from him, I went to Jackson's house for a sample of paper—I brought it to my master, and after he had done with it I returned it to Jackson—on the next day I went over, by my master's direction, with Mr. Clements, and introduced him to Jackson—I said, "This is the gentleman that my master has spoken to about the paper"—I cannot say about what time this was—Jackson said the paper was gone—he said he might have bad it the first thing that morning, but it was gone—I went away, and left Mr. Clements with Jackson.
Cross-examined. Q. When you went on Thursday, the 14th, did you see the paper lying on the counter? A. Yes; anybody going in the shop might have seen it—it was in a blue cover.
side. On the morning of Friday, 15th April, between 10 and 11 o'clock, I received a communication from Mr. Newell, and in consequence of a request contained in that communication, I went to the house of Jackson, in Old-street, having first called at Mr. Pask's—his boy accompanied me to Jackson's, and introduced me with words similar to these: "If you please Mr. Jackson, this is the gentleman master thinks will buy your paper—Jackson replied, "It is disposed of"—I said I was sorry for it, and could he tell me the name of the party who had bought it, as I thought it would suit me at the price, and I thought I could afford to advance on the price—he said he could not, as there had been some demur about the price last evening; the party had been there that morning and had it away, and he had left the shop a few minutes before I entered it—I also asked him if he had any more goods of the same kind to offer—he said he had not at the present time; if I left him my address he would let me know—I gave him one of my business cards—I asked him who it was that offered it—he said it was a party that was accustomed to call there—I asked the name of the person who offered it—he did not readily reply to that—he hesitated, and I asked him again, and he said his name was Davis—I asked him if he could give me the address of the party—he said he could not; it was somewhere in the Black friars-road—I then left the shop, and communicated with Mr. Newell and the police, who were outside—I related what had transpired.
GEORGE JOHNSON (City policeman, 469). On 14th April, between 3 and 4 o'clock, from information, I went to watch the house of Jackson—I remained watching the house—I saw nothing transpire—I passed the house two or three times—I saw a parcel of paper similar to this lying exposed on a shelf fronting the door—I went there next morning for the same purpose—I saw nothing come out or go in that was at all auspicious—I passed the shop two or three times between 9 and 10 o'clock, and saw the paper still there—I passed the shop again a little before 11 o'clock, and the paper was gone.
Cross-examined. Q. I suppose, if you saw it, anybody could see it? A. Yes
SAMUEL EVANS (City policeman, 459). On Friday, 15th April, from information, I proceeded, about 12 o'clock at noon, to Jackson's premises, at No. 34, Old-street, for the purpose of watching the premises—about a quarter before 1 o'clock I saw a pony and cart stop opposite Jackson's shop—there was a man of the name of Field with it—when it stopped opposite Jackson's, Field got out of the cart, let the tail-board down, and he went into Jackson's shop—he came out again with a canvas bag with something in it, which he placed in the cart—he then, with the assistance of Jackson, placed a quantity of paper in the cart—the paper came out of Jackson's shop—after they had done that Jackson got up in the cart with Field, and they went away—after they had gone a short distance I lost sight of the cart for a few moments, and when I got sight of it again a man named Archer was in the cart—Field and Archer were afterwards taken into custody, and discharged—Field's name and address were on the cart—the cart went on from Old-street, down Bunhill-row, into Chiswell-street—I followed it, and got further assistance—I called to the driver to stop, which he did, and pulled up—I said, "What have you got in here?"—one of them said, "Oh, you can see"—Field was driving it—Jackson then got out of the cart—I examined it, and found it contained twenty reams of paper, all in blue wrappers—this is a part of it—when I found the paper, I told the three persons I should take them into custody for having this paper in their possession, believing it to be stolen—Jackson said, "Oh, very well"—he was taken by a metropolitan policeman, and I took the other two in the cart—there was an examination the following day before the Lord
Mayor, and after the evidence had been given, Mr. Lewis, who was there as solicitor for Mr. Jackson, said, "I am prepared to show that my client had or obtained this paper from a man named Davis, at No. 9, Wellington-street, Black friars-road," better known over there, to the police, by the name of Izard—in consequence of that, I went there on the Monday afternoon, between 5 and 6 o'clock, with another officer, Standin—I had before been watching the place in Wellington-street—I went in between 5 and 6 o'clock, and found Izard in the back room on the first floor—I asked him if his name was Izard—he said, "Yes"—I asked him if he knew Mr. Jackson, oil and colourman, No. 34, Old-street—he said, "Yes"—I asked him if he had seen him lately—he said, "Not for this last fortnight or three weeks"—I asked him if he had sold him any paper—he replied, "No"—I said, "Have you sent him any paper?"—he replied, "No"—I said, "Have you had any dealings with him in any way with paper?"—he replied, "No"—I then proceeded to search the room—I found nothing relating to this charge—I took Izard to the station-house, and charged him with stealing the paper—I went back to the house, and received information from the landlady, Mrs. Marsh; she gave me two nails—I have compared them with the German nails that are in the box that is here; they are of the same description—Mr. Newell has seen them.
MR. NEWELL. They are the same description of nails.
Izard. Q. How am I to be known by the name of Izard more than by the name of Davis? Have you any proof that I have been in custody over there? A. No.
ROBERT EDWIN STANDIN (policeman, G 142.) I was in Chiswell-street on 15th April, about 1 o'clock in the afternoon—the officer Evans came to me and required my assistance—I took Jackson in custody to the Bow-lane station—I was with the last witness at No. 9, Wellington-street, on the Monday—I asked Izard if his name was Davis—he said, "No"—I asked if he ever went by the name of Davis—he said, "No"—I said, "Were you ever known in Bunhili-row by the name of Davis?"—he said, "No"—I had known him in Bunhill-row by the name of Davis; he lodged with a person named Robinson, in Bunhill-court—I asked him if he knew Mr. Jackson—he said, "Yes"—I asked him if he had worked for him or been in his employ—he said, "Yes, about three years ago"—I asked if he bad done any business for him lately—he said, "No"—I asked if he had seen him lately—he said, "Within a fortnight or three weeks"—I asked him if Mr. Jackson had employed him to take any parcel anywhere, or to his house—he said, "No"—I said, "Have you taken any paper to his house?"—he said, "No"—I said, "You know nothing at all about any paper that might have gone to Mr. Jackson's house?"—he said "No. "
Cross-examined. Q. You seem to have put the prisoner to a good long examination; what is your name? A. Standin—I am not a detective officer—I was at that time in plain clothes—I put these questions to know if he had taken any paper or no—on my oath I was not putting these questions to get up a case against these people—I put them to ascertain whether it was true that this paper had been taken to Mr. Jackson's, knowing that it had been stolen from Mr. Newell.
Izard. Q. When you were in the room, what was the first question you put? A. I asked if your name was Izard, and if you did not go by the name of Davis, and you said no—I did not say, "This is a bad case you have got into"—I made use of no such words—I did not say, "I never knew you in such a trouble as this"—I said at the Mansion House that you were formerly
known by the name of Cuffy—you asked how long I had known you, and I said five years.
COURT. Q. You said you had known him by the name of Davis? A. I believe he had gone by the name of Davis—Cuffy is a nickname that he used to go by.
ANN MARSH . I am the wife of John Marsh, and live at No. 9, Wellington street, Blackfriars-road. The prisoner Izard lodged in my house in the first-floor back room—I was at home on Wednesday, 13th April—I was looking out at the window, and saw a box come in a truck—Izard and another man were with it—they brought a box out of the truck, and put it on my mat against the parlour door—it appeared very heavy—Izard worked it round on the side, and the two carried it up stairs—I afterwards saw a box produced at the Mansion House very similar to that one—on the following Friday Izard paid me 5s. for rent, which he would have owed me on the Saturday—I said to him on the Friday, "If you please, I want my room to put my boys there"—(I did not go into the room, I went to the door)—he said, "When do you want the room?—I said, "As quickly as you can possibly let me have it"—he said, "Make up the rent-book, and send it me up"—I made it up, and, instead of sending it up, I carried it up, and I saw in the room a box like the one brought in from the truck on the 13th—in the latter part of that same day I heard a noise in Izard's room—that was after the 5s. was paid—it was a noise something like breaking-up wood—I did not see the box after that—I do not think I saw Izard and anybody else go out after I heard the noise; but on the Friday morning, before he gave me the money, I saw some parcels go out—Izard and one that he called his brother took them out—that was before the breaking of the wood—my daughter went in the yard in the morning, and she brought me two nails—I thought they were very funny nails—I put them in my pocket, and gave them to the officer—these are the very nails (looking at them)—on the morning after the removal of the box from the truck, I was looking at my window, and saw a gentleman go along; he looked hard at my window—I opened the door, and he said, "Is Mr. Izard at home?"—I said "Yes," and he went up stairs—he had whiskers round his chin, and dark hair and dark eyes—the prisoner Jackson has the appearance of him, but the whiskers are off now—he had a kind of black and white coat on—I called it snail-back—it was not a very rough coat.
COURT. Q. What stuff was it made of? A. I cannot tell, but I have seen coats like it—it was a cloth coat—I suppose it was an overcoat by the appearance of it.
Cross-examined. Q. Do you believe Jackson to be the man, or not? A. By the appearance of him; I do not speak with any certainty—my eyesight is not good when I have my spectacles off; I had my spectacles off then—I took notice of the whiskers, because I have got a son who wears them the same, and I rather admire them.
Izard. Q. Are there any more yards adjoining to your yard? A. There are yards certainly, but they are parted off—I never measured how high the walls are; I think the wall between my neighbour's yard and mine is about as high as this witness box.
MR. CLARKSON. Q. Did you find any nails yourself? A. Yes, I think seven or eight—a gentleman came and asked me to let him look in the room, and he stirred the dirt about to look for nails; and after he was gone, I put on my spectacles, and looked into the cupboard, and found one nail and half a nail; in the fireplace I found one nail burnt, and under the grate I found a lot more that were not burnt—these are the nails.
Izard. If you look at these nails, you will find a difference in them; the costermongers have apples home in chests nailed with such nails as these, and the children are playing, and throw them about.
ELIZA ELLEN ALLEY . I am the daughter of Mrs. Marsh by her former husband. I found two nails in the yard; I do not know on what day—I gave them to my mother—Izard's window looks into that yard—I was at work at the next door on Wednesday, 13th April—I saw a truck stop at the door; Izard was with it, and a boy that I do not know—there was a box in the truck—I saw a box or case that was produced at the Mansion-house; the box that was brought in the truck was like it, but I do not think it was quite so large.
COURT. Q. It was on Wednesday you saw the truck come; was it on the same day that you found the nails? A. I cannot remember.
HENRY HUFFLE . I live at No. 42, Wellington-street; I am a tailor. On Wednesday, 13th April, I was working in the front room on the ground floor of my house, which is exactly opposite Mr. Marsh's—I saw a truck arrive, with a chest or box on it—Izard and another person were with it, and they lifted the chest or box into the passage—next morning, Thursday, I saw the prisoner Jackson go to that house—he had a grey Witney overcoat on, and his hat had crape on it about three inches up—he was in the house about three minutes, and when he came out Izard came out with him—I should think it was between 12 and 2 o'clock.
Cross-examined. Q. You were not before the Magistrate? A. No; the officer Evans found me—he did not describe Jackson to me—he asked me what sort of man it was, and I described him to him.
(The statement of Izard before the Lord Mayor was here read as follows:—"All I have got to say is this, I was employed to sell the paper, and of course I offered it to Mr. Jackson; I did not know the price, and I took it to him, and asked him if he could find me a customer for it, and of course it was taken; I never saw nothing more of it till half-past 6 o'clock, when I was at home; but as for its being brought in a box like this, I never see such a box before; when I saw the paper it was in a six-dozen candle box. ")
MR. NEWELL re-examined. This box produced is one of the boxes that came to me at the same time with the one that was lost, and this is the one that was produced at the Mansion House.
COURT to MR. PASK. Q., You knew Jackson well; how used he to wear his whiskers? A. Large bushy whiskers under his chin; he does not wear them now as he usually did.
MR. BALLANTINE. Q. Were his whiskers in the same state at the Mansion House as be usually wore them? A. I did not notice them there—I do notice a difference in his whiskers since we have been waiting here for the trial.
JURY. Q. When did you notice an alteration in his whiskers? A. One day this week; I think it was on Tuesday, while we were waiting here for the trial.
Izard's Defence. The particular witnesses that saw me take the box in, both say it was not quite so large as this, and I asked the officer at the Mansion House how long he had known me, and he said five years, and I always bore a good character; the paper was brought to me for sale, as being brought from some foreign part, without the duty being paid; I offered it for 2s. 6d.; if I had sold it I should have got a small commission; the reason I bore the name Cuffy is, I worked for Mr. Cuff, in Whitechapel; he is engaged, or he would have appeared and given me a good character; my last
master will give roe a good character; I am innocent of knowing the paper was stolen.
(The prisoners received good characters.)
IZARD— GUILTY . Aged 25.— Confined Twelve Months.
JACKSON— GUILTY . Aged 44.— Confined Eighteen Months.
Recommended to mercy by the Jury on account of their good character.
(Inspector Brannan stated, that in consequence of suspicions previous to this robbery, he had caused Jackson's house to be watched for tome time, and on searching it a great quantity of property of various descriptions was found; but a person, subsequently called by Jackson, stated, that many of those articles were sold by her to Jackson's wife, who carried on a small business on her own account.)
Before Mr. Recorder and the Second Jury.
MR. RIBTON conducted the Prosecution.
ABRAHAM BAUER . I am a banker, residing in Leadenhall-street. I know the prisoner, I recollect his calling on me about the 20th or 22nd Dec.—he called to inquire whether we could discount some foreign bills of first class, drawn on bankers—I told him the first requirement was to inquire about the parties, and after a knowledge of the bills being on respectable persons we would not object—he left this bill with me to make inquiries about it—he called again in perhaps three or four days afterwards, but in the mean time we had not got sufficient knowledge of the parties; he came two or three times between his first call, and 1st Jan., during which time we had made inquiries—he said he was very much pressed for money; that all his money was run oat, and he wanted at least 40l. for his private use on account of the bill——he drew a check on my bank, and I paid him 40l. in sovereigns, in part payment of the bill—we had reason to believe the bill was not in order, and on 5th Jan. I wrote him this note, "Sir, your bill has been returned from Paris; please to call at our bank."—the prisoner spoke broken English—before he came to me I sent to him again, about the 14th or 15th Jan., but I had heard from him—he sent two or three messengers for the balance of the bill—I told them that he must come himself; and on the 15th Jan. I sent a clerk of mine to desire him to call, and I received from him this answer, written in French, which, has no date to it—I can swear I received it about the 15th Jan.—"Sir, I have only received this instant, your card; I regret that indisposition retains me from coming to you; I shall be glad if you will inform me whether you are satisfied with the inquiriesyouhave made, and whether you will be satisfied with a friend calling on my account, that I may authorise somebody to receive for me to avoid myself going out; should, however, my presence be indispensable, I will do my possible to come to you"—I wrote to him again on the 17th—"Sir, the inquiries about Mr. Lamache are satisfactory, but the bill of exchange is not yet negotiated;" the object of my writing was to get him to come—I meant that the bill was not gone out of my possession; Mr. Lamache is a man in good circumstances, and it would have been satisfactory if the bill was not a forgery—the prisoner did not reply to this letter; after the 17th the first that I heard about him afterwards was on the 18th Feb., when he was arrested by Monteaux, the bankers, in Cornhill.
JOHN SPITTLE (City-policeman). On 18th Feb. I took the prisoner into custody, at Messrs. Monteaux Brothers, bullion dealers, Cornhill—Mr. Shuloff gave him in charge for uttering two forged bills of exchange, each for
5,000 francs—I told the prisoner, through Mr. Shuloff, who interpreted what he was charged with—the prisoner said he first wished to go to Mr. Bauer to pay him 40l. he owed him—I found on him two pistols loaded with ball, and capped, one in his right hand trowsers pocket, the other in his left breast pocket of his coat—a pack of playing cards, fifteen duplicates, a passport, a purse containing 9s. 7 1/2 d., and various papers; two of them are letters.
JEAN ALFRED MAHIEU . I live in Cherbourg, I am a merchant and discounter. There is no other merchant and discounter in Cherbourg of my name—this is not my signature to this paper as drawer of the bill—I know Mr. Lamache, of Saint Vaast, he is a banker, I know his writing, I have seen him write—this acceptance is not his writing—supposing these signatures of the drawer and acceptor were genuine, this is a properly drawn bill according to the law of France.
Cross-examined by MR. BALLANTINE. Q. Do you sign your bills, "J. Mahieu?" A. No; "Alfred Mahieu"—I am known rather as Alfred than Jean—Mahieu is not a very common name—there are other Mahieus—Mr. Lamache is an old man—he does not do these things by his clerks—no other persons sign for him—he is not very old, he is about seventy—he is not able to travel, he is a weak man, he has not good health—none of the clerks in his house are here.
MR. RIBTON. Q. The name of Mahieu is not a very common name? A. No; there are others—there is no other Mahieu who is in a situation to be a bill discounter—I know one Mahieu who is a shipbuilder, but his name is B. Mahieu—I know his handwriting, I have seen it several times—the other Mahieus are in low situations—persons that work for their money—I do not sign my first name in full, I put Alffor Alfred, and drop the Jean—I taw Mr. Lamache on 5th May—I have no doubt about this not being his signature.
HENRY ROUGEMENT . I am a merchant, and live in Winchester-buildings. I recollect the prisoner calling on me in March, 1852; at that time he went by the name of De Fontaine—he came to get me to advance money on some bills—these are them—there are six of them—the amount of them is 700l. odd, sterling—he represented them to be bond fide on some property he had sold—they are all drawn by Debris, and accepted by Lamache—I advanced him 270l. on them—I will not be sure, but I think I did not advance that on the first occasion—the prisoner called to receive some more money on them, but I had received information which prevented my giving it—he called another day, I told him I had received information that they were forgeries—he said he would call again to pay the money—I have never been paid these bills—I am not acquainted with the drawer or acceptor, or the handwriting of either of them; I sent one of these bills, and it was sent back—it was not due when I sent it—I ascertained that the whole lot were forgeries.
GUILTY of uttering. Aged 40.— Transported for Ten Years.
THIRD COURT.—Thursday, May 12th, 1853.
PRESENT—Sir JAMES DUKE, Bart., Ald.; Mr. Ald. WIRE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
604. JOHN THOMAS WHALEY , embezzling the sums of 5l. 6s. 5d., 1l., and 7l., 8s. 6d.; also, embezzling 8l. 7s., 9l. 14s. 8d., and 9l. 10s.; also, embezzling 3l., 10l. 16s., and 6l. 14s. 6d.; also, embezzling 5l., 5l. 18s. 6d., and 24l. 6s. 2d.; the moneys of Nathaniel Machin and another: to all which he pleaded
GUILTY . Aged 21.— Transported for Seven Years.
(The Rev. Mr. Bond well, Incumbent of St. Phillips, Stepney, and Mr. Canham, an auctioneer, of Mile-end, gave the prisoner a good character.)
605. THOMAS TURNER , burglary in the dwellinghouse of Charles Burgess, and stealing therein 1 card case, 1 portfolio, 1 pencil case, and other other articles, value 9l. 15s.; his property: also, stealing 1 coat, 10s.; and 1 order for the payment of 6l. 9s.; the property of Charles Burgess, his master: to both which he pleaded
GUILTY . Aged 18.— Transported for Seven Years.
MR. COOPER conducted the Prosecution.
EPHRAIM LEVY GREEN . I reside at No; 13, Bevis-marks. The prisoner was in my service—there was another servant named Margaret Floyd—I had missed money from the cash box since November last—in consequence of that I changed my lock, and bad a Chubb's patent and two keys—one key I kept myself, and one I gave to my wife—on April 3rd I deposited some notes, half-checks, and four half-sovereigns, which I marked, in the cash box, and locked it—I put it into the parlour cupboard, where it was usually kept—on Monday morning, 4th April, I went to the box—I missed the whole four half-sovereigns—I did not miss anything besides—on the 7th, between 6 and 7 o'clock in the morning, I was called up by Margaret Floyd—she showed me a dirty rag—on the receipt of that, I felt in one corner, and found a small key; it was the old key that I had lost—there were four sovereigns and two half-sovereigns in the dirty rag—one of those half-sovereigns was the one I had marked—this is the piece of rag, and this is the half-sovereign—the mark is on the head—I crossed it—this is the very half-sovereign I marked, and this is the old key—when the constable came to my house, he called me to go with him into the prisoner's room, and opened her box; and there we found several things—I had before missed out of the cash box sovereigns and Bank-notes—I found an umbrella at the bottom of the box—it was my own—I found a crochet collar—Mrs. Green can speak to that—one pair of gloves is mine—I can speak to the earrings—they are silver—I found two handkerchiefs marked with Mrs. Green's signature, and two knives—I would not swear to the knives, but they were taken from the warehouse.
Cross-examined by MR. PARRY. Q. Is there any mark on them? A. No—it is a gingham umbrella—my name is upon the handkerchiefs—the prisoner had access to the warehouse—I know the box in which the things
were found was hers—she brought it there—the other servant had a very small box—the prisoner had been in my service since the early part of Nov.—I had a good character with her, but unfortunately a false one—the lady was a Mrs. Israel, removed since from the place—we went to inquire, and could not find her—this girl had 2s. 6d. a week wages—I pay weekly—my name is Green—I have not adopted any name.
MARGARET FLOYD . I was fellow servant to the prisoner. We slept together—I recollect the morning of 7th April, the prisoner getting up—she left me in bed—she afterwards came up again—I asked her what she came up for—she was doing nothing—she then came, and began to pull the clothes about; and I said, "What are you after?" and she said, "A bit of white rag"—I said if it was of no more consequence than that, would not it do when I was up?—she said, "Yes"—she went down again—of course I was anxious to see what she was looking for so earnestly—I had a little boy lying with me, and between me and the child lay a bit of dirty rag—I took up the dirty rag, and opened it—there were three sovereigns, four half-sovereigns, and two keys in it—I sent down directly for my mistress; my master came up, and I handed it to him—the prisoner came up directly after my master was there—she claimed the money as her own—the box that was searched was the prisoner's box.
Cross-examined. Q. She claimed this money, and stated she had had it before she came into Mr. Green's service? A. Yes—I had no money about me at all, not a farthing—this is the dirty piece of rag (produced)—it was tied up—I do not know how the dirty rag came between me and the boy.
RICHARD HILTON LES (policeman, 642). I produce two keys and some money—I searched the prisoner's box—one of the keys fitted the box—I produce the things I found in the box—the prisoner said the things were hers.
Cross-examined. Q. She claimed everything but the two handkerchiefs? A. Not to me.
----GREEN. I am the prosecutor's wife. These things are my property—I never gave them to the prisoner—I know the gloves—I saw a pair of gloves when before the Magistrate, and I recognise these handkerchiefs—they are my own—I remember paying the prisoner's wages—I sent her for change for a sovereign, and she brought the change, and I gave her 1s. 6d.—she was indebted to me half a crown.
(The prisoner's statement before the Magistrate was read, as follows:—"I have nothing to say, except that they are my things, except two handkerchiefs sent home from the mangle; and last Saturday week mistress paid the wages, and that was the half-sovereign.")
MRS. GREEN re-examined. I gave her 7s. 6d. on 2nd April—she went out when I paid her, to buy some wearing apparel, dresses, and aprons, and things.
GUILTY. † Aged 18.—Recommended to mercy by the
Prosecutor— Confined Twelve Months.
CHARLES HUGHES . I am a pork butcher at Edmonton. On 30th April last I bought some hay and straw of another man, and the prisoner was employed to take it into my back premises—it was as near about 9 o'clock in the morning as could be—in my yard at the back I have a tub of water, and in the tub there were two legs of pork—they belonged to me—the prisoner took two trusses of hay and a truss of straw into the yard, and then went away—I
did not see him go—I was in the shop—I missed the pork about 10 minutes after he was gone.
Cross-examined by MR. SLEIGH. Q. There were three or four others, were there not? A. Ne'er a one—the weight of the pork was seven pounds and a half—I went after the prisoner, with Thomas Rugg, a policeman, and found him—he was near the New Prison, on the Holloway-road—he was on the top of a load of straw—I saw nothing then besides him on the top of the cart—I put the prisoner in my cart—I told the policeman to go and look at the top of the cart, and the policeman showed me a leg of pork—it was in a red handkerchief—the prisoner was covered over with a sack on the top of the load of straw—I knew the pork when I saw it; I cat it myself—there were two other persons loading the cart besides the prisoner—when the cart was driven away I was in the shop, and they were at the door—I bought It of one of them, and they asked him to take it in—two went away with the cart—when the cart went away the two other persons went with the prisoner—I was in the shop—I cannot say who drove the cart away—there was another man driving the cart that the pork was found in—I cannot say who he was—there were two carts when I came up to them—there was a lad driving his'n—that lad is not here.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
FRANK GOODCHILD . I am a receiver of goods in the employ of the London and Brighton Railway, stationed under the terminus of the Brighton station—on 15th March I received from the prisoner this card (produced) "Case to Brighton; 11s. 9d. to pay"—he put that on in my presence—it is the custom of the Railway Company, when goods are sent to the station, to be taken to Brighton or any place, to advance sums on them, receiving the money when the goods are delivered at their destination—I sent that card to the Bricklayers' Arms—I know of that case being forwarded to Brighton—the prisoner said it would weigh about half a ton—it would weigh hardly three quarters of a cwt—he said, the carman who was sent after it would not get it unless he produced the landlord's card, that being a more complete way of doing business—he told me the card was to be taken to the Railway Tavern to the address there, and the landlord would not give up the case unless he produced it.
Cross-examined by MR. LILLEY. Q. Are you quite certain, as to the weight? A. I am—I did not see it—we have a scale to weigh goods—he did not say a word as to the value of it.
MR. ROBINSON. Q. You never saw the box until after it came back? A. No.
EDWARD SALES . I am a carman, in the employ of the London and South Coast Railway. On 15th March this card was sent to me from the station in London—I received instructions at the same rime, and inconsequence of those directions I took the card to the Black wall Railway—I did not receive any money—I paid the money—I took this card, in consequence of the directions I received, to the Railway Tavern—when I got there I received the case, and paid the money—11s. 9d.—it was my orders to pay it, orders from the Company—that is the case (looking at it)—this address was upon it at the time: "Mr. Wright, Coal Merchant, Temple-street, Brighton. "
Cross-examined by MR. LILLEY. Q. Is that address on it now? A. It is nearly rubbed out.
MR. ROBINSON. Q. When you got it, did you bring that case to the station at the Railway? A. Yes, in pursuance of instructions
MR. LILLEY. Q. TO whom did you pay the money? A. To Foster, of the Blackwall Railway Tavern—I did not see the prisoner at all.
WILLIAM HUDSON . I am inspector of the goods department at Brighton. I received information with regard to this case—addressed to "Mr. Wright"—it came back to the station at Brighton—I went to No. 2, Temple-street, Brighton—there was no such person residing there—the box was not afterwards opened in my presence—it was reported to me.
AMOS ANSCOMB . I am foreman of the goods department at the Brighton station. If goods are sent to the station with the address of a person that cannot be found, it is my duty to open the case—in consequence of that I opened this case—it contained a piece of cloth and a piece of paper—this paper (produced) was in the top of the box (read:" Sir,—I have been successful in getting you the quantity you want. HENRY WRIGHT.")—it is addressed to Mr. Wright—the case also contained coals to the value of about 4d.
Cross-examined by MR. LILLEY. Q. Do you know who lives at No. 32, Temple-street? A. Mr. Twight—I know there is such a party—he is a ship-owner and coal merchant—I do not know how to spell his name.
JAMES FOSTER . I am landlord of the Railway Tavern, Blackwall. On 15th March the prisoner came into my tavern—he said, "Mr. Foster, will you allow me to leave a box at your place?"—I said, "There is an office at the railway"—he said, "I am in the habit of coming here, and I thought the office might not be open"—I said, "How large is it?"—he said, "Not large"—I saw it was not large—he said, "I don't want to leave it long"—he said be would send the Brighton Railway Company for it—I gave him one of my cards—he said, "There will be 11s. 9d. to pay, which perhaps you will receive, and I will call for it in the afternoon or evening"—I agreed to that—in the afternoon the carman Sales called—he gave me this card, and I gave him the box—he gave me 11s. 9d.—that was about 4 o'clock in the afternoon—I do not know of the payment of the money to the prisoner.
Cross-examined by MR. LILLEY. Q. How long have you known this man? A. Not at all—I do not know him even as using the house—I have not the slightest doubt about his being the man.
ANN LAWRENCE . I am barmaid to Mr. Foster. Between 7 and 8 o'clock on 15th March the prisoner called at our house—he asked me if the box had been fetched—I told him yes—he asked for the money—11s. 9d.—I told him I would pay him if he would write out the receipt, as my employer was not at home—he wrote out this receipt (produced), and upon that I paid him the money.
Cross-examined by MR. LILLEY. Q. Did you ever see the man before? A. Not to my knowledge—I have been in the employ of Mr. Foster since February.
MR. ROBINSON. Q. Have you any doubt about that being the man? A. Not the slightest.
WILLIAM ANSILL . I am a booking-office-keeper, at the Three Nuns, Ald-gate. A box was left at my office on 14th March, by the Blackwall carrier—it is a receiving-house for parcels—this is the box—it merely had on it, when
left with me, "To be left till called for"—it came up by the Black wall carrier—the carriage was 8d., and I paid that—next day, the 15th, the prisoner called—he described the box to me—I was particular in making him describe it, it having no name on it—he described it, and it corresponded with the box I had—he did not see it then—he said he wanted to send the box to Brighton—I said, "I can send it to Brighton for you"—he said, "First, I want 12s. 4d."—he said it was a square deal box, to be left till called for—I asked him whether it had a name—he said "No"—I was particular in making him describe it, to know if the right person came for it—he described it then for my satisfaction—when he said he wanted 12s. 4d., I said I made it a rule never to do that where I did not know the party—he then said he would go over to the Brighton Railway Company, and get them to send for it—I said, "If you do so, I have no objection to take the money of them, and hand it over to you, when they call for it"—after that a carman fetched the box—he paid me 12i. 4d.—next morning the prisoner called for the money—I told him they had fetched it away, and I had the money—I drew it out of my pocket, deducting 10d., and gave him the remainder—that was 11s. 6d.—I do not know whether the address is on the box now—it is rather obliterated—the address at that time was, "James Holes, Brickmaker, Osborne-street, Brighton, Sussex"—there was "12s. 4d." marked on the corner of the direction—he put that on when he inquired for it—he saw the box, but not till after he described it—he pasted that direction on in my office.
Cross-examined by MR. LILLEY. Q. You are not in the service of the Brighton Railway Company? A. No; I had never seen the prisoner before.
FRANK GOODCHILD re-examined. On 15th March the prisoner came to the office—he said, "Good morning, young man; as you attended to the last order so nicely, I have another for you;" and he gave me another to fetch a case from the Three Nuns—he said, there would be 12s. 4d. to pay; I sent directions to the Bricklayers' Arms, and that is all I know—he gave me a receipt in the name of Thompson.
SAMUEL FRESHWATER . I am a carman to the London and Brighton Railway—on 16th March, in consequence of directions, I fetched the box from the Three Nuns—I paid Ansill 12s. 4d., in consequence of directions received from the Company—I brought it to the goods station.
Cross-examined by MR. LILLEY. Q., What was the direction upon it? A. "John Holes, Brickmaker, Hove, near Brighton. "
FRANK GOODCHILD re-examined. I did not see the direction on the first box I received till after it came to Brighton—they do not come to the office where I am—I gave due directions for the money to be advanced, on my belief that it contained property of value.
JAMES HOLES . I am a brickmaker, living at 15, Osborne-street, Hove. On 17th or 18th March the box was produced to me; 14s. 1d. was paid—the ticket was left upon it—I opened the box (the box which contained waste paper was here opened)—that was the contents of the box—I was not at home when it came—I have received the 14s. 1d., from the Brighton Company—I knew the prisoner for a fortnight, whilst he was lodging at my house—he came there about the 30th or 31st January this year to lodge—he stayed a fortnight, and went by the name of Thompson—he went away in a queer sort of a way—he went up into the rooms, locked the rooms up, and was dismissen—I never knew him till I heard of this charge—he paid part of his rent; 2s.
Cross-examined. Q. How much was left unpaid than? A. Twelve
shillings—when I opened the door I found my own things—I do not think there was anything of his unless a bit of flour, or something of that like—before he went away I received the ring as a deposit—he said he would come and pay, and I kept it till he did come, and I was very glad for him to come and pay the money.
MR. LILLEY submitted that this evidence did not sustain the charge. MR. ROBINSON referred to the well-known case of the person representing the character of an Oxford student. MR. LILLEY contended that that case was not one in point, there being no evidence here to show that any representation was made as to the value of the case upon which the money was obtained. MR. ROBINSON urged that this was in effect the same as a person taking a false check and presenting it; if money was obtained upon it, there could be no doubt that would be an obtaining money by false pretences. MR. COMMON SERJEANT was of opinion that it was not like the case suggested of presenting the check, because there the check was seen and received; nor was it like the case of the collegian, for there the cap and gown were seen upon the person: in the present case the party from whom the money was obtained never saw the box at all; he therefore thought the case must fail. At the request of MR. ROBINSON, however, he consulted the learned Judges in the other Court, who, being of the same opinion with himself, he directed a verdict of
NOT GUILTY .
609. JOSEPH TAYLOR and ANN BARRETT , breaking and entering the dwelling house of George Frederick Hinckesman, and stealing 2 coats and other articles, value 15s.; his property.—2nd COUNT, receiving the same.
GEORGE FREDERICK HINCKESMAN . I live at St. Mary's, Islington. I am a clerk—it is my own dwelling house—at 11 o'clock on the night of 11th March I and my family went to bed—my mother was the last person up—she is not here—when I went to bed, the house was safe and secure—I looked over it—at 7 o'clock next morning I found the house had been broken open—the back door and the staircase window were open—the sash had been slid up—there are no shutters—I cannot say for certain how the sash was the night before—the window was shut down close—the back kitchen door had had the bar taken down, and was wide open—it was barred up the night before, at 11 o'clock—my brother went down stairs first—I missed my over coat and my hat, and that was all I missed at the time, out of the hall—I have seen the coat since—I know this (produced) is mine—the other is my father's—the night before one was in the hall, and the other in the front kitchen—at 7 o'clock they were gone—I missed seven spoons and a pair of sugar-tongs—two or three of the spoons were good ones, and the rest were common, albata or something of that sort—in the front garden we found a treacle plaster made to fit over a pane of glass—they did not get in at that window—they put a plaster on to break the window, so as to carry the piece away without making a noise.
Cross-examined by MR. PAYNE. Q. It sticks to the broken glass, and does not make a noise? A. Yes—there are six or seven people living in the house—I was not the last to go to bed—my mother followed me up a few minutes after—the window I found open was on the staircase—that is where I suppose they got in—the unbarring would be from the inside—I have seen nothing of the spoons—I know the coats by the general appearance, for they have been mended—I had the coat that was mended all the winter—it is a top coat—it is not worth much, 2s. or 3s.—the other is an old one—the spoons were all kept together.
MARY ANN JAMES . I know the two prisoners—I know Taylor very well—I lived with him—I lived with Barrett for a little while, in the same house—I recollect the male prisoner, more than a month ago, going out, I should think, between 5 and 6 o'clock in the morning—he took with him a treacle plaster in brown paper—about 7 o'clock the same morning he came back with two coats on his back—I should know the coats again—these (produced) are them—he also brought some sugar-tongs, a hat, and some gloves—he asked the other prisoner (Barrett) to go with the coats, to pawn them—that was in the morning—I did not hear him say anything at the time besides telling her to pawn them—I went with her to pawn them—she pawned them at Barr's, the top of Osborn-street—he wore the other coat for about a week, and sent it to the other pawnbroker's—he sent that by the prisoner—I did not hear what he said to her when he gave it to her to pawn—I never saw any more of the spoons
Cross-examined by MR. PAYNE. Q. How long did you live with that man? A. I think about a couple of months—I was living with him at that time—there were two couples of us living in the same room—he said I took, away the ticket of a coat he bad pawned—I cannot say for certain how long it was after the coat was pawned that I left him—I do not know whether it was three weeks or a fortnight—when I left him, I went to the back of Shoreditch Church—he came to me, and kicked up a dust, saying I had taken some of his things away—I was living with an oldish person then, a woman—he did hit me—I am not upon the town—he said I had taken a ticket of a coat and two silk handkerchiefs, which I never had—it was an unjust charge against me—I have never been in prison, and never before a Magistrate, further than the other day with him—I was never in my life before a Magistrate or Justice of the Peace, charged with anything.
Taylor. Why, she has been in prison in Worship-street. Witness. I have not, no further than the other day, with him—I can speak to this coat; it is the same colour—I cannot tell the day when it was pawned—it was about, or rather better than, a month ago—I went with the woman that pledged the coat—we got 3s. for it—I lived with him for three weeks after that.
DANIEL PEARMAN . I am assistant to a pawnbroker, in Osborn-street, Whitechapel. I produce a coat, pawned by the female prisoner, on 12th March—I do not recollect whether anybody was with her—I cannot tell what time of the day it was—we can always tell who pledges the articles—sometimes we have 400 people in our shop in the day—this case was brought to my notice a fortnight after—we take no memorandum of the person, merely of the thing, and get rid of it as quick as we can if other people are waiting.
HENRY JAMES ADAMS . I am a pawnbroker, in Whitechapel. I produce a coat pawned on 1st March, by the female prisoner, in the name of Ann Barrett—the male prisoner afterwards applied to me for a declaration respecting it—I requested him to call again, and in the mean time made a communication to the Police.
Cross-examined by MR. PAYNE. Q. Was the coat produced at the time when he called? A. No—I know the coat because it has been pawned more than once—he told me the ticket was lost—I remember the coat being pawned—Mr. Jackson came to me, and told me there was a coat pawned in the name of Barrett, and if any one came to me I was to stop it—I have had sundry articles in the name of Ann Barrett, not more than one coat.
him on suspicion of a robbery near the Rosemary Branch-bridge—he said he knew nothing about it—I said, "There is a coat pawned at Adams's; did you go there, and ask for an affidavit?"—he said that was his coat—he said he bought it of a Jew, "in the Lane," three months ago—I afterwards took the female; I told her I took her on suspicion of stealing a coat and some other things, and asked her if she had pawned any—she said, "No;" and I afterwards took her to the police station—she saw the male prisoner at the station—she said, "I shall tell the truth, I am not going to prison for the sake of him. "
TAYLOR.— GUILTY on 2nd Count. Aged 23.— Confined Eighteen Months.
BARRETT— NOT GUILTY .
MR. SLEIGH conducted the Prosecution.
ROBERT ANDERSON . I am a watchmaker; I reside and carry on business at No. 25, Westmoreland-place, City-road. In the month of November last I was favoured by a visit from the prisoner for the purpose of taking apartments in my house—he said he came from Dorking—he said, "You may perceive my vision is bad; I have come to remain in London for four or five months under Mr. Alexander"—he said he had property at Dorking and Leatherhead, and elsewhere over the water; Ireland, in fact—he took my apartments—it was about three weeks before any conversation took place between us about money matters—that would be in December—there was a letter came to the house, and he told a daughter of mine to open it—there was a promissory note in it—he showed me the letter and the promissory note—this (produced) is the promissory note—he said it was all right, it came from one of his tenants at Leatherhead—he said he should be short of money till the turn of Christmas, till he received his rents—he asked me whether I could let him have the money for the promissory note—he had before that shown me some papers or documents; I think it was two or three days after he came to my house—the next day after he came to my house he asked me to write a letter to his agent, Mr. Rickerby, of Stamford-street—I wrote the letter, and the next day a person came, representing himself to be the clerk to his agent, and the prisoner said, "What is the reason Mr. Rickerby did not come?"—that was addressing the young man, who made answer, "He is very unwell, sir, but he will wait upon you in a day or two"—the prisoner then said, "Tell him to let me have all my title deeds; send my title deeds"—nothing else passed between the prisoner and this person in my presence at that moment—I saw that person again the next day—he brought the title deeds—I was present—he handed them to the prisoner—they were sealed parchments, with the name of "C. N. Rattan, Esq." upon them—he represented that those were the title deeds of his property, and he had sent for them for my satisfaction—I did not think really a blind man capable of acting so—I did not take the trouble to look at the contents; I merely looked at the outside, and said, "I have no reason to doubt"—it was after this that he presented the bill—this was the introduction to the bill transaction—the bill was drawn on the 4th, and it came on the 6th—he asked me for the money, and I told him I had not sufficient money in the house, but that I was going out, and I would see what I could do—I parted with the 18l. 18s. upon the faith of his representation of being a man of property, that those title deeds represented property, and that the bill was drawn by one of his tenants—if it had not been for that representation I
should not have advanced him money on the bill alone—soon after this occurrence a dinner was ordered by the prisoner—he said the 27th was his birthday, and it was proposed there should be a party—the dinner was not to his tenants—he said he had a nephew, whom he had articled to a solicitor, and that he was coming to dine with him—the dinner was prepared, greatly at my expense—the guests were principally my own friends—he made friends with them, and invited them—my friends came, but his did not—after dinner he made some excuse to go out—he was very much annoyed at his friends not coming—he asked my wife how the wine was, whether it was not almost out—she said, quite, but there was no necessity for any more, we had plenty—he said, "Oh, leave that to me," and almost instantly made his way out of the room, called a little boy of mine to go out with him, and went out—he never came back—he left me and my friends enjoying wine at my own expense.
Prisoner. Q. Was it on 17th Nov. that I called and took your lodgings? A. Yes—I do not recollect whether it was a very calm day—the first arrangement you made was for a sleeping room—I believe it was the second floor back room—I forget whether I asked for any reference; you were so fast in giving the reference of your agent—you said your agent was a Mr. Rickerby, of Stamford-street—my wife was presenton that occasion—she is hens to-day—this was on the Tuesday—nothing transpired respecting any property on that day—the next day you asked me to write a letter—when it was agreed about your apartment for 5s. 6d. a week, you proposed that you should dine in the kitchen with me—this conversation took place from time to time—you produced a watch, and proposed that you should have board and lodging for it for that week—you did not at that time tell me you should not be able to pay for your lodging for three or four weeks—you first produced the bill of exchange on 22nd Dec.—it had six days to run when I cashed the bill—it was drawn on the 4th; it came on the 6th, and on 28th Dec. it became due—on 22nd Dec. I had tin's bill to get discounted—I did not have the bill in my possession two hours—you certainly asked me for the money—I gave you the money on the 22nd—the gentleman who discounted it was a friend of mine—I asked him to oblige me with the money for it—it was not on your account; he would not have done it for you—I took it out of the house to serve you—I have paid the bill—when I returned with the money to hand over to you, Emma was in the kitchen—nothing to my recollection transpired on that occasion respecting the day on which my elder son's birthday came—you asked me to purchase a dozen stamped envelopes for you—I also deducted two half-crowns for getting the bill done, for discount—I gave you the rest of the money—I received two guineas from you for two split rings to a chain, and a set of studs—I was present when my wife came into the kitchen, and received 1l. 10s.—on the Christmas eve following, on Friday, I did not take a 5l.-note out of your pocket—I will swear I never had it—I had not been out to market the following day, Christmas day—I was at my business—I did not go to Mr. Blower's to purchase a piece of meat—I did not whisper in your ear, and tell you J had no money to pay Mr. Blower, and you did not give me a 5l.-note—f did not pay Mr. Blower with a 5J.-note—I never had a 5l.-note in my hand—I did not receive out of your hands on Christmas eve one of the 5l. notes I gave you—they were all my friends who were at the dinner—I dare say they were twenty-two in number—I was present at the time Mr. Robinson, the wine merchant, came in—I know nothing of my son's birthday," which was on 3rd Jan., being kept at your expense, on the 27th.
ROBERT JEFFREYS (policeman, N 167). In consequence of information received in Jan. last, I made efforts to take the prisoner into custody, and succeeded on 6th April in taking him, in Chapel-street—I told him I was a police-constable—I told him I took him into custody for obtaining 18l. 18s.—he said directly, "What is your name?"—I said, "Jeffreys"—he said, "Then you are the party who took my son?"—I said, "Yes, I am;" and he said, "I don't care more about Anderson than about you"—after potting him in safety, I went to Dorking to make inquiries—I made inquiries, such as to enable me to speak positively that there was no such person as Rattan in that place—I made inquiries about a person of the name of Wilson both at Leatherhead and Dorking—I found no one of the name of Matthew Wilson at Dorking—there was no such person known as Rattan or Wilson, and had not been for the last thirty years—this promissory note was put in my possession by the prosecutor.
Prisoner. Q. Did you produce that note at the trial of my son? A. Yes; there was a man indicted with him, but I do not know his name; it was not Charles Rattan.
Prisoner. I think, under the circumstances, I will say nothing further; I am bereft of every shilling; I have given my opinion; his Lordship differs, and I am bound to submit.
GUILTY . Aged 58.— Confined Twelve Months.
OLD COURT.—Friday, May 13th, 1853.
PRESENT—Lord Chief Justice JERVIS; Mr. Baron ALDERSON; Sir JOHN KEY, Bart., Ald.; Mr. Ald. HUNTER; Sir ROBERT WALTER CARDEN, Knt., Ald.; and RUSSELL GURNEY, Esq.
Before Lord Chief Justice Jervis and the First Jury.
GUILTY . Aged 36.— Confined Two Tears.
The prisoner received an excellent character.
MESSRS. BODKIN and CLERK conducted the Prosecution.
WILLIAM LEA . I am a labouring man, and live at No. 68 1/2, Augustus-street, Regent's-park. The deceased, Eliza Lea, was my eldest daughter—she was in her twenty-sixth year—I know the prisoner well—he had lived with my daughter between five and six years—during that time they had separated four times—they had been separated the last time between five and six months before her death—on Sunday, 30th Jan. last, she came to my house as usual to dinner—the last time I saw her alive was at half-past 7 o'clock on Monday morning, the 31st—she slept at my house on Sunday night; it being a wet night I did not wish her to go home—she resided in Townsend-buildings, Portland-town; that is near St. John's-wood, on the other side of the Regent's-park—I went out to my work at 6 o'clock on Monday morning; but I came home at half-past 7 o'clock, to tell my wife that I should not be home to breakfast, and I then left my daughter at home,
well, happy and comfortable—I saw her body at half-past 11 o'clock that night at the Regalia Tavern, in Augustus-street, about 150 yards from my house—the body was naked, wrapped up in blankets—her clothes were lying on the table—they were drenched with water—I know the Victoria public house, and the towing path which runs at the back of the Regalia—a person coming from the Victoria to the Regalia would come over the railway bridge into Augustus-street, and a few yards further is the Regalia Tavern—the towing path is in the direct road to my house, down a little passage—a person would not go down there without turning down on purpose—I expected my daughter home that night, and sat up for her.
Cross-examined by MR. PARRY. Q. Do you know that your wife had given her half a sovereign to get some things out of pawn that morning? A. When I returned home to breakfast, at half-past 10 o'clock, I did; my wife expected her back shortly with the articles—she had been living by herself for the last five or six months—she was in much the same spirits as usual on the Sunday—she always enjoyed a very happy countenance and a full flow of spirits—I did not notice that she was in better spirits than usual on the Sunday—she was not in the habit of going to the Regalia, to my knowledge, except if she was going home she might probably call in, but that was not to my knowledge—I cannot say but what I have seen her tipsy upon occasions, such as a merry-making, and then I might probably see her a little the worse for it, but nothing more—she was not in the habit of being tipsy.
MARY ANN LEA . I am the mother of the deceased—she was at my house on the Sunday before her death—she did not live with me, but at Portland-town—she supported herself by going out to work, ironing—she came to spend the day with me on Sunday—on the Monday morning I gave her a half-sovereign, to go to Tottenham-court-road, and get some merino out of pledge—it was intended for some dresses for two of my children—She was also to buy some lining, some buttons, and a reel of cotton—(looking at some merino and other things produced by the officer)—this is what I ordered her to take out of pawn, and these are the things she was to get—I did not see the lining and other things until after her death—this is the merino I sent her for—it was in pawn for 3s.—I allowed her 1s. to pay for the lining and trimming, and if it cost more she was to pay it—there was the interest on the merino to pay; I do not exactly know how much that would be—it had been in pawn about eleven months—she would have about 5s. out of the half-sovereign—I knew of her living with the prisoner for some years—the last time they separated was about five months before her death—she was usually in good spirits, and continued so after the separation—she was very happy when I sent her out; that was about half-past 9 o'clock on Monday morning—she said as she went out, "Mother, I shall be back in half an hour, pro vided I am not kept at the shop, or an hour at the outside"—she never returned, and I never saw her alive afterwards—I was in great fear and great trouble for fear the prisoner had met her—she was occasionally addicted to drink, by following this man—she was not in the habit of getting tipsy; she used to take a little when she was in company—I had not seen her tipsy lately before her death—she was in very good health in general—she was rather hysterical if she was a little upset—I did not observe anything at all different from her usual manner on the Monday morning when she went out; she was as happy, indeed more happy than I have been since her death.
Cross-examined. Q. She was to have brought the change back to you? A. Yes, she was—4s. or 5s., is a sum which I could not afford to lose—she had been on an errand for me before, and omitted to bring back the change, but
she always made it up to me again—she never was in fear to come back—it had occurred several times before; I mean, she has borrowed money of me; but if she spent 6d., or any of my money, she always paid it me again out of her own earnings—I asked her to get change for the half sovereign in the neigh-bourhod before she went; but she said she would get it at the pawnbroker's, as they were in the habit of giving good change—the pawnbroker's is very near the bottom of Tottenham-court-road, on the right hand side—I did not put the merino there myself, but the poor dear girl did—it was not property of mine, but what they had during the time they were living together, to make the children's frocks—I cannot say that I ever saw this merino before it was in pawn, but I saw the colour of it; I saw it was a blue merino—my daughter gave me the ticket—I saw the quality of the merino; she showed me a piece of it—I had never seen the piece, but I saw the colour of it, and the quality—she had not cut off a piece and shown it me—she told me it had cost 18d. a yard—she said it was blue merino, at 18d. a yard—it had been in pawn eleven months when I sent her for it—it was bought while she was living with the prisoner.
MR. BODKIN. Q. For whose children was the stuff intended? A. My two youngest—I was not with them when it was pawned—I gave her the ticket on the morning she went out—I had had the ticket about a month—she gave it me—I gave her the money to go and redeem the articles.
SARAH HERMITAGE . I am the wife of Richard Hermitage, a mason's labourer. In Jan. last I lodged in Pratt-street, Camden-town—I know the prisoner—he was a fellow workman of my husband's, as a mason's labourer—I knew the deceased while she was living with the prisoner—on Monday, 31st Jan., I met the deceased in the Hampstead-road, about a quarter to 11 o'clock in the morning—she was alone—she was going towards Camden-town—she had a brown paper parcel with her—I saw it opened, and she showed me the things that were in it—these produced are the things, I know them again—in the course of conversation the deceased made some inquiry about the prisoner, in consequence of which I accompanied her to Kensington—the prisoner was not there—in consequence of what was told us, we came back to Margaret-street, Oxford-street, and found the prisoner working there, at a church that is being built—it was about 20 minutes past 5 o'clock when we got back to Margaret-street—the men were then leaving off work—the prisoner there joined our company—he had on a white flannel jacket and a pair of cord trousers—he had a basket and a tin bottle (a basket and tin bottle were here produced)—it was a basket like this—I cannot say this is the one; and it was such a tin bottle as this—we had a pot of beer together, in the neighbourhood of the building, before we started—it came to 4d.—the deceased paid for it—when we first met the prisoner, the deceased asked him what he was going to stand—he said he could not stand anything, for he had got no money—while we were in the public house drinking the beer, the prisoner told her that he was married—she said she would not believe it—he said, "I am, so help me God"—she said she would not believe it unless she saw the certificate—he said he hoped she would not come to trouble him—nothing more passed upon that subject—we then all three came away, towards Camden-town—we stopped at a public house at the corner of the New-road, and we had a pot of beer there—she paid for it—we then came on to Camden-town together—we went to the Southampton Arms, and had a quartern of gin, that is, three glasses; we
each bad one—it came to 4d.—she paid for that—I cannot say whether she paid in copper or silver—we were not very long at the Southampton Arms; it was about half-past 7 o'clock when we left there—it was then arranged that we should all go to my lodging and have tea—we did so—it was no great distance from the Southampton Arms—we got there about a quarter to 8 o'clock—we then had tea—my husband came home about 10 minutes past 9 o'clock we had a pot of beer at my lodgings as well as the tea; that was after my—husband came home; we all four partook of it—the deceased paid for it; at least, she bad 2 1/2 d., and she asked me if I would lend her a penny till the next day to pay for a pot of beer—the 2 1/2 d. was in copper; she said she had no more money—they left my lodging about a quarter to 10 o'clock that night—she seemed in excellent spirits all the evening—she wished to sing; my husband objected to it; she said she would sing, whether he liked it or not, and she did sing—she wished the prisoner to sing; he objected, but he did sing afterwards—he sang one song—they appeared to be upon good terms with each other all the evening—I lived on the second floor; I have moved from there now—I did not go down stairs with them when they went away—they were sober when they left; they left together—she carried away her brown paper parcel, and he took his basket and bottle—before she went away she wished me to take care of her bundle, and take it to her mother next day—I said I would not, and she snatched it off the table, and said, "Well, then I will take it myself."
Cross-examine. Q. Was it near Tottenham Court-road that you met her in the morning? A. It was in the Hampstead-road—that is not far from Tottenham Court-road—she did not appear to be coming to my house to see me; it was an accidental meeting—I had nothing to do, and went with her—we went to the Queen's-road, Kensington v that is just before you get to the Palace—I went with her at her request, to find out Mackett—the Queen's-road is between four and five miles from where I met her—we walked there and back—we had some refreshment twice—she paid for all—we must have walked very nearly ten miles before we got to Margaret-street—we went across the park—she was not singing, she was walking and talking—she appeared in excellent spirits, wishing to see Mackett; that was all her conversation—we found him in Margaret-street, about 20 minutes past 5 o'clock—I had been with her from a quarter to 11 o'clock in the morning—she hardly appeared to believe that he was married; she appeared incredulous about it—after he said, so help him God he was married, she said, "I will stand a pot, Tom, if it is the last I ever drink with you"—the song she sang at my house was, "As I wandered by the brook, as I wandered by the mill;" that is a sentimental song—I saw the contents of the parcel when I met her, she told me she had been to redeem it—I cannot say this is the same stuff, but it is exactly like it, and likewise the trimming; it was done up in brown paper—when she was leaving my house she seemed anxious to get rid of the parcel, and that I should take it to her mother—she did not appear afraid to go home to her mother with it—she was anxious that I should take it to her mother next day, and I declined to do it—she had the parcel when she left my room, I did not go out with them—she had carried it all day—I had carried it a little for her—Mackett did not carry it at all in my presence—this was a very foggy night, you could scarcely see your hand before you; it was getting foggier when they left; it was very foggy for two or three successive days at that time—they left about a quarter to 10 o'clock—I stayed up till half-past 10 o'clock—I went out on an errand about a quarter past 10 o'clock, just across the road, and it Was still very foggy then, thicker than when they left—I do not think it would be
possible to see any one passing on the other side of the street—I have seen the deceased tipsy—when she did take liquor she got very much excited, very spirity—I have not seen her very many times the worse for liquor; she had not taken any ale that day, only porter—she had some gin at the Southampton Arms—we bad no gin at the first public house.
MR. BODKIN. Q. Where did you dine that day? A. In Oxford-street; we only had a biscuit and cheese; it was at a public house, and we had a pint of porter with it—that was before we went to Kensington—I have told you all that we had to drink that day—the deceased was not at all the worse for liquor that night; I could not exactly say how much she paid altogether during the day—the first thing we had was the biscuit and cheese and the pint of beer, that cost 5d.—I think in coming back from Kensington, we had a pie each, they cost 2d.—she paid for it all—we then got to Margaret-street, and had a pot of beer, that came to 4d.—then at the corner of the New-road she paid 4d. for another pot of beer; 4d. at the Southampton Arms, and 2 1/2 d. for the last pot—where I met her in the Hampstead-road would take her to Augustus-street, where her father lived—she did not give me any reason for asking me to take care of her bundle, and take it to her mother—I do not know, from anything that passed in the prisoner's presence, where they were going to when they left my house; nothing was said about that.
HENRY TIMPSON . My father keeps the Victoria public house, in Morning-ton-road, St. Pancras. On Monday night, 31st Jan., I recollect a man and woman coming to our house—I cannot say that I knew the man, I had seen him before—it was the prisoner—it was from 10 to half past 10 o'clock when they came; it might be a little later—I knew the woman who was with the prisoner, only by seeing her in the neighbourhood—I had seen her before—I do not know whether either of them had anything with them when they came—they had a quartern of gin—I cannot say who paid for it; I went into the bar-parlour to speak to some one—they were not there many moments—the Victoria is from two to three minutes walk from the Regalia—an hour or two after they had left our house, I was at the Regalia, and there saw the dead body of a woman; I recognized her as the person who had been at our house with the prisoner—I believe they were sober when at our house—they left together.
Cross-examined. Q. I think you were examined on the last trial? A. I was; I told you then that I was quite positive of the woman, but was not equally positive about the man—that is so.
JURY. Q. What sort of a night was it? A. A very dark night.
COURT. Q. How was the man dressed? A. In a white flannel jacket—I could not exactly distinguish the trowsers—it was too low for me to see them on the other side of the bar.
HENRY SWINDON WILSON . I am a pianoforte maker. On 31st Jan. I was at the Regalia public house in Augustus-street—there is a garden at the back of that house, which goes down to the towing-path and the canal—there is also a passage that runs down by the side of the house and garden to the towing-path—that passage is on the London side of the Regalia, nearest Cumberland market—the towing-path stops there—I was out in the garden at the back of the Regalia, about 11 o'clock that night—it was before 11 o'clock; I can speak to the time within a quarter of an hour or so.
COURT. Q. Which way does the towing-path stop? A. Towards London; the horses go no farther that way—that is where they are hooked on or taken off.
MR. BODKIN. Q. Could a person walking on that towing-path walk any
further than the passage? A. No; they must tarn up the passage, and come into Augustus-street.
COURT. Q. The horses that come along by the Regent's-park stop at the Regalia? A. Yes, the towing-path stops there; they cannot go on any farther towards London, a dead wall stops them—the towing-path is on the left hand side as you come towards London—there is no towing-path on the other side.
MR. BODKIN. Q. You were in the garden about a quarter to 11 o'clock you say? A. Yes; I was at a distance of about twenty feet from the house—I think it has been measured—that would be about one-third of the length of the garden—I was about one-third of the distance from the towing-path to the house—I heard a gurgling sound, as if of some person in the water, which was interrupted by the water flowing into the person's mouth—that was the first I heard; I heard it twice—I also heard footsteps proceeding from there—I heard a gurgling and splashing—I heard no cry.
Q. Did you hear any groan? A. I cannot compare it to anything but a gurgling sound; it might have been a struggling to make some cry, she was evidently drowning fast—I should say the sound appeared to proceed from about the centre of the canal—I could not exactly distinguish the spot; they seemed to be bearing a little to the left of where I was standing, which was about the centre of the garden; it might hate been about the bottom of the passage, but she was taken out several feet from it—the footsteps I heard were coming from the canal up this passage towards Augustus-street—I should say I had been in the garden about a quarter of a minute before I heard the noise I speak of—the footsteps were as of a person running—I first heard the footsteps from the towing-path, close to the water; I should say a few feet from the place where I heard the gargling sound—I heard the gurgling sound first, then the splashing, then another gurgling, and then the footsteps; it was all done within the space of a minute—directly upon hearing the footsteps, I ran up the garden and through the house, to meet whoever it was at the top of the passage—I ran right through the house; I called out to Mr. Woolfe, "Woolfe, Woolfe! there is something the matter;" and continued running—Mr. Woolfe followed me through—I was out first; I met a man within three feet of the gate, at the top of the passage—the moment I met him I ran up against him, so whether he was walking or running I could not say—he stopped, and I ran up against him—he was dressed in a flannel jacket, and his trowsers might have been moleskin or corduroy, but they were much smothered with plaster—they were light—he had a white cap on his head—his jacket was white flannel.
COURT. Q. Did you feel it? A. No, I did not feel it; but it was perceptible—he had got it buttoned up; it was a labourer's usual jacket—I went close to him, but I did not put my hands upon him; I believe Mr. Woolfe did take hold of his arm.
MR. BODKIN. Q. Have yen any belief as to the prisoner being that man? A. Yes, it is my firm belief that he is, but I will not swear to him; it was not light enough for me to distinguish his features—to the best of my belief, he is the man—I said to him, "What is the matter?"—he said, "I think there is a woman thrown herself into the water"—I did not make any remark upon that, but Mr. Woolfe immediately said, "Come down and assist her"—he was close behind me, and had just reached me—the man turned back, and we all three proceeded down to the towing-path—I still heard splashing sounds—Mr. Woolfe called out once or twice to know if anybody was in the water; he said, "Can you speak?" or made some remark, but he got no answer—
it was too dark to fee anybody in the water; we could not fee far into the canal—Mr. Woolfe said, "I will go and fetch a light," and he went for one—the man that went down with us followed him up, as I thought, to assist him in getting the light and a rope—I stayed by the canal—while Mr. Woolfe was away I heard the last sounds, merely two splashes, and then I heard no more—Mr. Woolfe returned with a light and a rope, he bad been detained about two minutes—the man in the flannel jacket did not come back at all; I saw no more of him—directly I missed him, something occurred to me, and I ran after him—I did not find him—when I got to the top of the passage, I turned to the right, and proceeded towards Cumberland market; I went about half way down the street—I met a policeman on the opposite side of the way, and I called to him, and asked him if he had seen a man of that description—it was the policeman 144; I met him about half-way down Augustus-street, opposite Lea's wharf—I then returned back to the canal with the policeman—the body of a woman was got out of the water, she was quite dead—she was earned into the tap room of the Regalia, and a surgeon was sent for; he tried every means of restoring her, but she was quite dead.
COURT. Q. At the end of the place where you heard the splashing, does the canal go deep at once? A. I do not know; it is a narrow part, and the barges have to pass that way; I should say it does—if a person were to fall, or go off the towing-path, I should say they would get into deep water; none of the lads in the neighbourhood dare to go in there.
MR. BODKIN. Q. Is there a brick coping along the edge of the canal? A. No, it is a broken stone coping; it is not faced with brick; it is broken out in several places—I should say a very few minutes elapsed between my first bearing the noise in the water, and my bearing the last splash.
Cross-examined. Q. Where does the other end of the towing-path lead to? A. It takes a winding course up to Pickford's warehouses; it comes out in the Albert-road, more than one hundred yards beyond the York and Albany.
COURT. Q. Do you know the neighbourhood well? A. Perfectly well; to get from the Victoria to the towing-path, you cross over the railroad bridge, and proceed round the half circle (I do not know the name of it) to the Regalia, and then take the turning down by the side of the Regalia—you cannot get to the towing-path without going down by the side of the Regalia, unless you go on to Primrose hill, and go in there; there are only those two ways of getting there within a mile.
MR. PARRY. Q. About what width if the canal? A. I do not know exactly, I should say from thirty to forty feet—the body was found nearer the other side—it was an extremely foggy night—when I first went down, it might have been in consequence of coming from a light room, but I certainly could not see more than a foot or two into the water—there is a garden at the back of the Regalia; the bottom of it abuts on the towing-path—I was about one-third from the house—I had to go through two doors before I got out; I had to push one and draw the other to me, and then I was within ten feet of the top of the passage—there is a lamp at the door of the Regalia, but I do not think it was alight that night; there was something the matter with the gas—there was no light at the top of the passage—the passage is about fifteen feet wide at the top, it is narrow as you go down—it is a horse way, it runs slightly downwards, it is not level—there is a large gate to it, it is always left open; the police ought to have the key, I believe, in the middle of the night, as sometimes barge horses come up there—the Regalia is on one side of the passage, and a dead wall
on the other; there is just an opening for the horses to go down the passage, and then a flag pavement.
COURT to SARAH HERMITAGE. Q. What sort of a hat or cap had the prisoner when he was at your lodging? A. A white cap—I did not see whether his trowsers were dirty with plaster; I did not notice it.
MR. PARRY. Q. If his trowsers had been smothered with plaster do you thinkyoumust have observed it? A. Yes; he had just come from his work—I do not know whether he had been slating.
COURT to HENRY TIMPSON. Q. Did you observe whether the man who came with the woman, whom you afterwards saw dead, had a hat or cap on? A. A cap; it was a white cap.
SAMUEL ROBERT WOOLFE . I keep the Regalia Tavern, in Augustus-street. I recollect on the night of 31st Jan., Mr. Wilson calling my attention to something out of doors—I left the house that moment and followed him—there is a passage at the side of my house which runs down to the side of the canal—at the top of that passage, at the street end, there is a gate across; it is kept half open, one half is closed and the other open—just outside there we met a man, four or five feet inside—I observed that he was dressed in white clothing, something like flannel, or moleskin, or corduroy; it was a light dress, what it was I cannot say, I did not observe the texture of it—he had a cap on his head; I could not exactly distinguish the colour of it, it looked light, the same as his clothing—it was exactly such a man as the prisoner in height and appearance—I am not able to say further; I did not notice him sufficiently—as I ran I rather headed Wilson, and I ran upon this man—I said, "Hallo, what is the matter?" he made an answer, I am not quite positive what it was, it was either "I think there is a woman in the water," or, "I think somebody has thrown herself in the water;" and I in answer said, "Let us go and see if we cannot assist her;" I ran forward, leaving them to follow me down, which they did to the water's edge—I was first at the water's edge—Mr. Wilson and the man came down immediately behind me—I heard a stifling or gurgling, like a choking in the water—I could see nothing—I could hardly distinguish the water from the land—there was a good deal of fog on the water—I called out "Are you afloat? can you speak?" and receiving no answer—I said, "Hold hard, I will run and get a light"—I went away directly, leaving Mr. Wilson and the man at the water's edge—I ran in doors and got a candle and a rope, which I had handy, and returned I should think in two or three minutes—I then saw Wilson alone—I said something to him, and upon that he ran up the passage—I afterwards ran up the passage into Augustus-street—at that tine there was no sound proceeding from the person in the water—all was still when I returned with the rope and the candle—the policeman got the body out, and it was taken into my house—I have no doubt she was quite dead.
COURT. Q. On which side of the canal was she found? A. About the middle, as near as I could judge—it might be a little towards the other bank, but not much.
Cross-examined. Q. I think you are not able to say whether the man you saw had come in from Augustus-street, or had come from the canal? A. No, I could not have said—he was standing sideways.
COURT. Q. You saw but one man in the passage? A. Only one.
MR. PARRY. Q. Were there other men afterwards coming up? A. A great many went down—a great many came up to the scene; but not till I had returned the second time—the stones at the edge of the canal are not rough broken stones, they are good square stones—there is no railing—it is
an extremely dangerous place, especially on a foggy night; it is merely a place for the rope belonging to the barges to run along; it is not a regular footpath—a person walking along there on a foggy night might very easily slip in.
COURT. Q. Is it deep immediately from the side? A. At the spot where the body was found it is about eighteen inches in depth, I think, at the commencement, and it goes straight down, on account of being the finish of the towing-path—it is a sort of bank of cement and bricks to keep the wall up, and it goes shelving right down to the middle—I believe it shelves rather rapidly, I have never seen it; it is only what I have been told—I know it is eighteen inches deep.
MR. CLERK. Q. What is the breadth of the canal at the bottom of the passage? A. About thirty feet, I believe.
COURT. Q. Does the towing-path terminate against the bottom of the garden? A. No, against the wall of Cirencester wharf, adjoining the basin—that wall runs down one side of the passage, and my garden wall is at the other side.
CHARLES PERCIVAL (policeman, S 166). I was on duty on the night of 31st Jan. in Augustus-street—just after 11 o'clock I saw a man pass me in that street—it was five or six minutes after 11—I observed the dress of the man—he had on a flannel jacket and a pair of corduroy trowsers, smeared with plaster or mortar, and a light cap—he passed five or six yards from me—I believe the prisoner to be the person—he was carrying either a bundle or a basket—there was a lamp close by where he passed—he was going at a moderate pace, and in a direction towards the York and Albany—about a minute after he had passed me a man of the name of Adams came up and spoke to me—in consequence of what he said I went down the passage by the Regalia—I met Mr. Wilson at the bottom.
COURT. Q. You had some conversation with Adams, what was the subject-matter of it? A. He told me there was a brother constable down at the water's edge, who wished my assistance, as there was a woman in the water.
MR. CLERK. Q. Did you go down to the water side? A. I did—I believe Mr. Wilson and Mr. Woolfe were there—I tied a stone to the end of a rope, threw it over the body, and got it out—from the Regalia to the spot where the man, I believe to be the prisoner, passed me is 100 yards—the deceased's clothes were taken off at the public house—only a farthing was found on her.
Cross-examined. Q. Point out, from where you are, the distance at which the person passed you? A. To that gentleman sitting there (pointing to a gentleman across the table)—I should say that is about five or six yards—I was on the opposite side to that on which the man was passing—I have not measured the width of the road there—I was on duty there that night; I have been on duty there since—I know the neighbourhood perfectly well—I cannot tell you the width of the road—I will not swear it is not twenty yards.
JURY. Q. Is it sufficiently wide for two carts to pass? A. Yes, quite sufficient; two carts could go abreast—I should say there was not room for three.
MR. CLERK. Q. Where were you, on the pavement or in the road? A. In the corner of the road, not on the pavement—there is an angle there, round a crescent—I was standing just off the pavement, and the prisoner was walking in the road.
CHARLES BOW (policeman, S 383). On the morning of 1st Feb., I received information that the deceased had been drowned the night before—in consequence of some information that I received, I went to the new chapel in Margaret-street, and inquired for Thomas Mackett—I did not find him there
—I got information from Mr. Norris, the clerk of the works, and went to Eccleston-buildings, High-street, Marylebone, near the police court—I knocked at the door, and inquired for Mackett—the prisoner came out—I was in plain clothes—he walked with me—after we had gone some distance together, I said to him, "I am a police officer, and I want to askyoua question or two; you can answer or not, as you think fit"—I said, "I believe you were in company of a woman, named Lea, last night?" he said, "I 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 in the Regent's-canal, at the back of the Regalia last night"—he said, "Is she dead?"—I said, "She is; and I shall take you into custody upon 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 walked, I should think, about 200 yards; neither of us spoke—he then shook himself up, and said, "I shall be able to clear myself;" I then took him to the station house—before we got there, I said to him, "Was that your wife that answered the door when I knocked?" he said, "Yes, it was; I was married last Sunday week"—I left him at the station at about half past 1 o'clock; it was about 1 o'clock when I went to the house in Eccleston-buildings—I afterwards went back to that house, and saw the woman who had opened the door, to me when I first went—I told her what I came for—I asked for a parcel; I got it some time afterwards, at the house—it was the merino that I have produced to-day—I was at the house more than half an hour on the second occasion before it was produced; the parcel was not in the house at the time I went there—an elderly woman went out first, and after she had been gone some considerable time, the other person went out and saw her coming up North-street I think—she ran and met her, took the cloak and bonnet from the old woman, and put it on herself, and the old woman gave her some money—she then went away, and afterwards returned with the parcel—this tin can and basket was standing on a chest of drawers in the room when I went there; I brought them from the house—this cap (producing one) I took from the prisoner's jacket pocket after I took him into custody—he had a hat on his head when he went to the station.
Cross-examined. Q. You went to Eccleston-buildings for the purpose of apprehending Mackett on this charge? A. I did; I told him that Mr. Norris, his master, wanted him; that was a falsehood—I will explain why I said that to him—it was an invention of my own for a particular purpose—the prisoner came with me; I should think he walked with me for about three minutes before I told him I was a policeman—we did not converse at all upon this subject—we were conversing together; it was all with respect to the neatness of the chapel in Margaret-street—I cannot say whether he supposed I had come from Mr. Norris; I should imagine he did—when I told him I was a police officer, and wanted to ask him a question, I had not told him the charge against him.
COURT. Q. Did you afterwards show the woman, from whom you got this brown paper parcel to the pawnbroker's man? A. I did; if you will allow me, I will explain with regard to the stratagem I used—Mr. Norris did not know where the prisoner lived—the court where he was living is a very low place, inhabited by the lowest grade of Irish, and we generally take three or four policemen to take any person out of there, even for a common assault—that was the reason I used the stratagem, to avoid a breach of the peace.
ALFRED GEORGE GUSH . I am assistant to Mr. Thompson, a pawnbroker, in East-street, Marylebone. I remember the officer, Bow, pointing out a woman to me in Eccleston-buildings—that woman had pledged some stuff and lining, I believe it was, at our shop, on 1st Feb., I should say between half past 8 and 10 o'clock in the morning, for 3s.—it was Coburg and lining (looking at the merino)—it was the same sort of things that are produced; it is a common colour—they are similar things—it was a piece of merino and lining—the trimming I did not notice; I did not open it—I saw there was quite sufficient for the money I was asked, that was all I looked for—those articles were redeemed that same day by the woman who pledged them, to the best of my recollection, between half past 3 and half past 4 o'clock.
COURT to CHARLES BOW. Q. You hare produced here to-day some trimmings and buttons and a reel of cotton, where did you get them? A. I could not swear it, but I believe they were in the brown paper in the cupboard, in the room—when the woman brought back the merino and lining she went to the cupboard, and put the merino and lining in the brown paper, and rolled it up and gave it to me—I should not like to swear, but I believe I saw the buttons there and the braid.
JEREMIAH LOCKERBY (police sergeant, S 28). I prepared a sketch of this locality before the last session—the length of the passage from Augustus-street to the towing-path is 119 feet; the breadth of the towing-path is thirteen feet three inches; it is as nearly level as possible—I did not measure the breadth of the canal at that spot, but I should say it was about the width of from here to my Lord; about wide enough for two barges to pass—the distance from the Victoria to the Regalia is 320 yards—in order to get there, you must cross a bridge that runs across the North Western Railway, that leads into Park Village East, and turns round with a winding turn into Augustus-street—to get to the towing-path you must go down by the side of the Regalia, there is no other way—the distance from Augustus-street to the next entrance to the towing-path must be near a mile—the distance from where Mr. Wilson was standing to the spot where the body was found, is about sixty feet—the street where Percival was standing when the man passed him is narrower than usual; I should think it might be about the distance I am from you, ten or twelve feet, not more—there would not be sufficient room for three carts, one may pass the other—it is about 200 yards from the Regalia to Mrs. Hermitage's house.
Cross-examined. Q. Were there any marks of violence of any kind on the body? A. None whatever; there were some scratches across the abdomen, that might arise from the cut of the stays or from tearing the clothes off—she was undressed before I arrived—I did not notice the clothes—the scratches were very bright and vivid, as if they had taken place before death.
MR. BODKIN. Q. Would such marks be produced upon a body after death? A. It must have been immediately after death if they were—they were bright, vivid, red marks; one was very faint—there were five of them; they appeared to be transverse pin scratches.
COURT. Q. A rope going across that part of the body would have galled it perhaps? A. Then it would have been a wider mark.
them off—I think the policeman did it; but there was such a mob round I hardly know; and I was running about getting salt, hot water, and one thing or other.
NOT GUILTY .
Before Mr. Baron Alderson and the fifth Jury.
MR. GIFFARD conducted the Prosecution.
EDWARD LOVEGROVE . I am a stonemason, and live at Reading. On Saturday, 16th April, I was at Brentford, about 112 o'clock in the day—I was going from London to Reading—I had five half crowns, six shillings, and a 4d. piece—I met George Whitman, in Brentford—I had known him for four or five years—I said "Hallo, George, how long have you been in Brentford?" he said, "Eight or nine days"—I told him I was going down to Reading by the line, but I was a stranger and did not know the way—he said he had no money or else he would stand some beer—I took him info the Red Lion, and we had some beer there—we might be there about two hours or it might be a little more; I cannot say exactly—he said he would show me the way across to the station—I had no call to be in a hurry, I should be quite in time for the train—while I was in the Red Lion the other three prisoners came in, but I had but very little conversation with them—they were all in company—I should think it was about half past 5 o'clock when I left the Red Lion—I then went on and Whitman with me—he was going to show me to the station—we went on to another beer house, I do not know the name of it, we had same beer there; I paid for it—we then left that house and went to the Plough, at Little Ealing; all four of the prisoners were at the Plough—I cannot say how long I stopped there, it might be twenty minutes—I then said I would go to the station—Whitman said, "Don't be in a hurry, have another pot"—I did not, I went on—Whitman was with me, and the other three were behind us and another woman also—I went across one field, and the woman who is not taken put her hand into my jacket pocket and turned out some halfpence, they fell down, and she picked them up—I went on across the other field, and got over the third stilt—the prisoners all came over the stile close behind me, and when I had got about fifteen yards they pulled me down backward—I had a basket of tools on my back—I halloed murder—they all put their bands over my face to stop my mouth, and they squeezed me so hard that they made my nose bleed—they kneeled upon me and held me down, and took the money out of my pocket—when they had taken my money, Whitman said, "Oh, d—let's share it," and they all ran back the same way they came—Stuckey was not in the robbery—she did not come over the stile at all—there were the three prisoners, and the other woman that has not been taken-Stuckey was not one of the four—I afterwards showed the stile to the policeman, and there was the prints of their toes where they had kneeled down upon me.
Cross-examined by MR. O'BRIEN. Q. How much money did you pay for beer at the Red Lion? A. I cannot say exactly, I paid for all; I might say I paid half a crown—I do not expect it was 3s. or 4s.—I did not take particular notice—we had two or three pints at first; it might have been four
or five, and then we had two pots—I had only had one pint of beer between London and Brentford—we had a pot of half and half at the Plough—I was not so tipsy but what I knew that is the right party that robbed me—I cannot say whether there was a woman sitting by me at the Plough—I do not recollect a woman sitting by me, with her arms round my neck—there was a woman there—she did not sit by me at the table to my knowledge; I do not know where she sat, I was talking to Whitman—I cannot swear that she did not sit with her arms round me—I only had one pot there, several drank out of it; that woman drank out of it—she followed us out of the Plough—that was the same woman that put her hands into my waistcoat pocket—I did not go into the back yard at the Plough—I am sure I saw Davis at the Red Lion and at the Plough, and he was at the robbery—I do not know whether he got into the Plough before or after me, or whether he was in the Red Lion when I went in—I saw Davis again that night about 8 o'clock, I think—I had a good deal of beer after the robbery; my nose was bleeding, and being rather frightened, and being gaslight, I did not know him, and could not identify him; but I knew them when I was sober, for I took particular notice—I got the beer after the robbery by selling a silk handkerchief off my neck, and I had a good deal given me—it was at the police station that I saw Davis—I did say then that I could not tell he was the person.
Cross-examined by MR. METCALFE. Q. How many ladies were there about you? A. I only recollect two; one might have her arms round my neck, and I might not notice it, being busy talking to Whitman—I do not recollect three women.
JOHN TURNER . I am a baker. On Saturday afternoon, 16th April, I went into Collins's beer shop, in Ealing-lane—the prosecutor came in there with Whitman and another stonemason, not either of the prisoners—the prosecutor pulled some half crowns and shillings out of his pocket to pay for a pot of beer—he pulled them all out together in a lump, like a drunken man—I was afterwards in Ealing-lane, about half past 4 o'clock, and saw the prosecutor there, standing between the doorposts of the New Inn—I saw Wheatley and Whitman standing with him—Whitman was pulling things out of his own pocket, and he had 2d. of halfpence in his hand—the prosecutor said that Whitman had got another penny that he had given him, and he said he had not—I stood looking, and Wheatley said to the prosecutor, "There is a chap that wants a penny;" and he answered, "Let him go and pawn his watch if he wants a penny"—I turned to go down the lane, and saw Davis and three young women standing together—I did not see them in company with the prosecutor at all—one of them said, "Let one of us go down to him first;" and then I walked on—Stuckey was one of the women—Davis was near enough to hear what they said.
Cross-examined by MR. O'BRIEN. Q. The first time you saw the prosecutor with the stonemason and one of the prisoners at the Plough, was he drunk? A. I did not see him at the Plough, it was at Collins's beer house, the Bricklayers' Arms; he seemed rather drunk—about an hour afterwards I saw him standing near the door of the New Inn, with a pot of beer—the women were about twenty yards from the New Inn when they were talking to Davis
Cross-examined by MR. METCALFE. Q. Did the prosecutor seem at all in a fit state to take care of himself? A. He did not seem so very drunk, but he could take care of himself—he seemed worse at the New Inn.
MR. GIFFARD. Q. Where is the Plough? A. Haifa mile beyond the New Inn.
JOHN WARD . I am a coach maker, living in Ealing-lane. On Saturday afternoon, 16th April, about 4 o'clock, or a little after, while working on my premises, I saw Davis and Wheatley smoking their pipes in the lane, and walking up and down—I afterwards went out into the yard, and as I returned I saw Whitman leading the prosecutor along; he had not got hold of his arm, but his arm was close to him, like pushing him along—I afterwards saw Wheatley, Davis, Stuckey, and two other females come out of Collins's beer shop, a little lower down the lane, and I heard one of the women who is not here say, "The old b——could not do nothing"
EDMUND GOODENOUGH . I am ostler at the Plough, at Little Ealing. On Saturday afternoon, 16th April, I saw Lovegrove at the Plough, with a female; it was not Stuckey—Davis came into the house with him, and I saw Wheatley outside—I saw Stuckey in the tap room—they left about 20 minutes past 5 o'clock—when Lovegrove went outside, I went out with a pot of beer, and I saw him and a female, who is not here, go just by the stable gates, and there they stood, and Whitman with them—they then went up Hanwell-lane, towards Han well—I saw Davis and Wheatley about 100 yards further on up the lane with two females—you can go across the fields that way to the Hanwell station.
Cross-examined by MR. O'BRIEN. Q. How far were they from the station? A. From a mile and a half to two miles—I should say they were between 300 and 400 yards from the third stile when I saw them—when I saw the female with Lovegrove in the Plough, she sat with one arm round his neck, and the other on the pot—she was giving them a toast, as she termed it—Davis and Stuckey and another female came in, after they were there, and sat on the other side of the room; Davis had a pot of beer.
Whitman, Q. What part of the house was I in? A. In the tap-room, leaning over the table, while the woman bad her arm round the prosecutor's neck, your nose was almost against his
BENJAMIN PAWLEY (policeman, T 158.) On 16th April I saw the prosecutor near the New Inn, Ealing-lane, and Whitman—I heard him ask the prosecutor for 3d. to pay his lodging—he replied that he had given him enough already, and he wanted to go to the station—about 7 in the evening I received information of the robbery, and went to the house of Stuckey—I there found Stuckey, Davis, Wheatley, and another girl—I took them all four into custody—they were taken to the station, and all shown to the prosecutor—he was rather intoxicated at the time, and seemed to express a doubt about their being the parties, and, in consequence of that doubt, I allowed them to go—Whitman had been taken previously—I went next morning with the prosecutor into the fields, and near the third stile I observed marks—he pointed it out as the spot where he was robbed—there appeared to have been a struggle—that is one way to the railway station—I apprehended the prisoners again on Sunday.
Cross-examined by MR. O'BRIEN. Q. What was the time you first saw the prosecutor on Saturday? A. About 4 in the afternoon—it was about 7 when Whitman was brought to the station, and the others shortly after—I believe the prosecutor said he did not think they were the parties.
Cross-examined by MR. METCALFE. Q. On the Sunday when they were again apprehended were they brought in one at a time to him? A. Yes; When Wheatley was brought in he said, "That is the man that pulled me down," and he said, "You had on a white waistcoat"—Wheatley said, "I am sure I had not, I was dressed exactly as I am now"—the prosecutor said, "Well, I think you had. "
JESSE ALLEN (policeman, T 106.) On Saturday, 16th April, I was on duty in the Han well-road, and about 10 minutes to 6 o'clock, 1 saw the prosecutor—he complained of being robbed—he was about three-quarters of a mile from the spot—he was not very drunk—he seemed very much excited, and was the worse for liqour—he could walk very well—his face was bloody—I afterwards took Whitman into custody at the Red Lion, at Brentford—I found on him 1s. 6d. in silver, 5 1/2 d. in copper, and two knives.
Whitman, Q. Do you recollect the words the prosecutor used when he saw me? A. He said you were the man that knelt on him when he was robbed.
Cross-examined by MR. METCALFE. Q. Did you apprehend Wheatley the second time? A. Yes; I found him at his own house.
WILLIAM BOYD . I am a sawyer, and live at Ealing—on Saturday, 16th April, about halt-past 5 I was standing just against the first stile that leads across the fields to Hanwell, and saw the prosecutor and two men leading him by the arms, and a female walking close behind them—about 100 yards further on I met Davis and two females in his company—I had known him previously—he spoke to me—I went into a house, and returned in about five minutes; they were then all going across the fields towards Cut-throat-lane—you can go that way to the station.
NOT GUILTY .
NEW COURT.—-Friday, May 13th, 1853.
PRESENT—Sir WILLIAM MAGNAY, Bart, Ald.; Mr. Ald. HUNTER; Mr. RECORDER; and Sir ROBERT WALTER GARDEN, Knt., Ald.
Before Mr. Recorder and the Fourth Jury.
MR. BYERLY THOMPSON conducted the Prosecution.
HENRY RUST . I am clerk to Joseph and Albert Savory, watch makers, in Cornhill. In Dec, 1850, and Jan., 1851, the prisoner was in their employ—I know that on 15th Jan., 1851, there was work in his possession for him to finish—on 16th Jan. he was missing from his work—I went with a policeman to his residence, in Claremont-row, Barnsbury-road—the prisoner was not there.
COURT. Q. How do you know it was his residence? A. I had inquired where he lived—he had told Mr. Savory where he lived; I had it from them—in consequence of information I went to Dovor, and afterwards to Paris—I did not see the prisoner again till Friday morning, 15th of last month, at the police court.
Cross-examined by MR. ROBINSON. Q. You ascertained at his residence that he was gone to Paris? A. No; the landlady would not give any information; one said he was gone to Manchester, and another to some other place—I went to the railway, and found he was gone to Dovor—I went there and found he bad gone to Paris—I heard that he had married a French woman—I had made inquiries about his character—I was not quite satisfied, but our foreman inquired as to his character as a workman, and together it was satisfactory, and he was taken—I know that on 15th Jan., 1851, he had some work entrusted to him—I did not see it in his custody, but 1 know it must have been so from the books—the work must have been there, no
question about it—the prisoner had only been there a short time—he came on 16th Dec, and he did not come on 16th Jan.—I have been in Mr. Savory's employ about nine years—there was one person left the service about three months—there was no one left between 1st Jan. and 1st March, 1851—I could not swear that no one left.
JOHN HARRISON . I am clerk to Messrs. Savory. The officer has got a hook here—this is it—it is my duty to give out new work to the workpeople—when it is given out I take a note of it, and enter it in this book—I enter the date, the number of the watch, and the workman's name against it, and the description of the work—when the work is finished I receive it back from George Hide, the foreman—the men all work on the premises—when the work is finished and returned, I put my initials against it—it is then taken down to the shop, for which I have the signature of the shopman—the workmen are engaged by the watch, they have so much for doing each watch—they are paid weekly—I did not engage the prisoner, he was engaged by Messrs. Savory—on turning in this book to 24th Dec. 1850, I find No. 18,362, a lady's gold lever watch, was delivered to White—my initials are not against it—having looked at this entry, I have a recollection of having delivered that watch to White—on 30th Dec, here is a gold watch, No. 12,827, delivered to White—on 8th Jan., 1851, I find an entry of five gold watches, Nos. 10,160; 10,161; 15,409; 18. 364; and 18,365, all delivered to White—on 13th Jan., here is an entry of two gold three-quarter plate lever watches, Nos. 12,746, and 12,747, to White—all these entries are in the name of White—my initials are not against any of them—I gave all these to the prisoner, they have never been returned to me—it was the prisoner's duty to give them to the foreman, George Hide.
COURT. Q. It was not his duty to deliver them to you? No; he should deliver them to Hide, and Hide would deliver them to me—the prisoner had no authority whatever to take work off the premises—the whole of this work is done on the premises—it is the examining the watches—I met the prisoner on 14th last month in Craven-buildings, Hoxton New-town; I followed him, and went up to him—I asked him if his name was White—he answered, "Yes; and your name is Harrison"—I told him it was a bad job that he had left Mr. Savory's in the way he had—he said, "Yes, it was; it is a long time ago"—I wished him to go with me to the foreman, Mr. Hide—I asked the prisoner if he had got the tickets, meaning the pawn tickets—he said, "No"—I said, "Could they be got at?"—he said, "No;" he had lost them in a pocket book—I asked him how he came to do such a thing—he said, "I don't know, I must have been mad; the money I raised upon them (or got upon them) did me no good; I came back from Paris a 10l. worse man than I was when I went"—no other watch finisher left Mr. Savory's without returning the work from 1st Jan., 1851, till 1st March—the workmen are paid by the foreman.
Cross-examined. Q. You had a good many other persons who made watches, or did something to watches, besides what are down in this book? A. Yes; there are only down here, White, and Maclean, and Burton—that is all that are here—there may be fifty persons employed altogether, but they are not watchmakers—when I saw the prisoner in Hoxton New-town, I followed him, and passed him, and then he came up to me—I said it was a bad job he had left Mr. Savory in the way he had done—he said it was, but it was some time ago—he asked me what I wished him to do—I wished him
to go to Mr. Hide—I went with him to Mr. Hide, and afterwards to Mr. Savory, and then he was given into custody.
Q. When you were first before the Magistrate, was not what I have now detailed all that you recollected of the conversation, and all the other part, asking him whether he had the tickets, and he saying he had lost them in a pocket book, and that he did not know how he came to do it, and be must have been mad, and that he was 10l. worse for his Paris trip, and some other matters, were not recollected by you? A. They were not mentioned by me at the time—I recollected them at the first examination, but I did net men tion them—I was at that time in the habit of giving out a very great num ber of watches day by day—on 3rd Dec. eleven were given out—on 16th Dec. six, and on 17th about eight—I was in the habit of giving out a great number of watches according to this book—I mean to swear that 1 can recollect giving out these watches to the men according to this book.
Q. But without this book, should you have known anything about it? A. I should have recollected I gave him out work—I gave him out a good deal of other work—on 24th Dec. I gave him out besides this watch, five others according to this book, and on 8th Jan. I gave him several others.
Q. Do you mean to swear that by referring to this book you can recollect having given him out this particular work? A. Only by referring to this book—except by referring to this book, I should have no recollection of the thing at all—I recollect giving him some watches, but I cannot recollect whether on the 24th I gave him seven or eight—I give out a great many watches—I cannot recollect the particular watch, or the numbers I gave out—it is only by referring to this particular entry that I can say I gave him out such a watch, having no distinct recollection of it—these are the initials I put to them when the work is delivered by Mr. Hide to me.
MR. THOMPSON. Q. How many watch finishers were there at that time employed on the business examining watches? A. Only two at that particular time—in this book, where the initials are not entered, here is written in pencil the word "stolen"—that was written on 16th Jan., immediately after the drawer was searched, and the watches were missing—my attention was at that time called to the fact—I did not search the drawer—my attention was at that time drawn to the circumstance connected with the delivery of these watches—the circumstance of the prisoner going away was mentioned to me, and then I made this entry in pencil—t recollect perfectly well having given the watches to him at that time—I have not forgotten since that he bad gone away—we at that time went over the stock to see what was missing, and what was not—I am quite certain that these watches were delivered to the prisoner.
COURT. Q. Having seen your own entry, and also the entry in pencil, that called your attention so shortly afterwards to these particular watches, have you not a distinct recollecion of having delivered these watches? A. I have no hesitation in saying that I delivered them; I remember it—I must have remembered giving these particular watches out—I bad no reason for not giving the whole conversation on the first examination.
GEORGE HIDE . I am foreman to Messrs. Savory; I was so in 1850 and 1851; it is my duty to receive the watches back from the workmen, and hand them to Mr. Harrison, when completed; I have a duplicate key of all the drawers. The prisoner was missing from his work on 16th Jan., 1851—in consequence of that, I opened his drawer with the duplicate key—I missed some watches and watch cases—I went to the prisoner's residence, in Barnsbury-road I think it was—I found he bad left—I gave him into custody in April last—the only conversation I had with him was, he said he hoped I
should not be harsh with him, or words to that effect—I told him I must leave that to Mr. Savory—the value of the goods that were stolen was about 58l.—there were four watches missing, and five cases; that is the gold part, not the work—all the men work on the premises.
COURT. Q. Where was this drawer? A. Under the workmen's board, in the workshop—Mr. Savory engages the workmen—I keep a book, in which I enter what is returned to me—each workman has a book, and when he returns his work to me I sign his book—I have the prisoner's book here—the entries in it are the prisoner's writing—the date on which the work is delivered to him does not appear in this book—the book is made up weekly, when the workman is paid—the work that is going on is paid for, but I sign my name at the time of the delivery of the work to me—the numbers of the watches appear in the book.
Cross examined. Q. Here is in this book numbers "18362" and "12827," which have not your initials to them? A. No; the work that was going on at the end of the week was paid for, but, unless it was finished and delivered, it was not signed for—my signature indicates the return of the property to me—I judge these were not delivered to me, by seeing no initials of mine against them—these initials were put on Saturday when the work was delivered.
Q. But suppose the work was delivered on a Thursday, would you put your initials on the Saturday? A. I should put my initials when I received the work—the work is generally delivered on a Saturday afternoon—the prisoner left on 16th Jan.; I think it was on a Thursday—here is number "15409," "10160," and "10161"—numbers "12746" and "12747" are not here; "18362" is under Jan. 13th, and "18364" and "18365" are under 11th Jan.—it might possibly take the prisoner a fortnight to finish a watch, and do what he had to do to it—he could have completed the majority of the watches he is charged with stealing by the Saturday previous to his leaving—there was no one else to whom these things were to be delivered; they must all pass through my hands—there was no other person to whom the workmen would deliver the work, and who would deliver it to me—I have no recollection that that has ever occurred—the work would not be delivered into my hands by any other person but the workman—I cannot swear that such a thing has never happened—I am always on the premises in business hours—I only go out to my meals—my duty is to receive the work from the workmen, and give it to Harrison.
WILLIAM OVENDEN (policeman, N 426.) The prisoner was given into my custody on 14th April—I searched his lodging, and found nothing alluding to this case, only a female's passport and a French letter—I heard the prisoner say he was very sorry for what he had taken away, but it could not be helped.
Cross-examined. Q. This is a passport for Madam Lauria Julia White? A. Yes; she spoke English, but whether she is a French woman, that I must leave—I did not find a certificate of her baptism.
Prisoner's Defence. I wish to state that I have not concealed myself in any manner; I had a situation three months last year; the gentleman will most likely come forward; I went to Paris in the most open manner, and returned in the most open manner.
(The prisoner received a good character.)
GUILTY. Aged 26.—Recommended to mercy by the Jury and Prosecutor. — Confined Five Months.
MESSRS. BALLANTINE and METCALFE conducted the Prosecution.
HENRY TITE . I am a tide waiter, of the Customs; I know the prisoner. On 25th April I gave him a bed, some bedding, a monkey skin waistcoat, two shirts, two coats, and some other things, tied up in a bundle, on the top of the bed—the bedding was rolled up, and put in a black canvass bag, and the other things were tied in a handkerchief—they were to be taken to the Fenchurch station, or to Blackwall, to go to Gravesend—I gave them to the prisoner between Waterloo and Blackfriars-bridge—I was on board a small vessel called a Billy-boy at the time—he was to take them to Fenchurch-street station, or Blackwall, to be conveyed to Gravesend—I found the bed and bedding at Gravesend the following day; they were in the bag in custody of the proper officer, who took charge of them when they arrived at their destination—the waistcoat, shirts, coats, and boots, were missing—my waistcoat and boots were produced at the Mansion House—these are them (produced).
Cross-examined by MR. RIBTON. Q. Are there any marks on them? A. No—this jacket is mine; I never saw one like it in my life—I dressed the skin myself—I did not give the goods to the prisoner myself, I left them in the usual manner—when the prisoner came with the tide surveyor the surveyor cleared me off this vessel, and the prisoner asked me if I would allow him to take my bedding—I said, "Yes, here they are;" and he said, "I will come back and take them"—I left the vessel, and left these things in charge of the mate—whether the prisoner came back for them I do not know, except from what I have heard.
CHARLES BARTON . I am assistant to Mr. Russell, a pawnbroker. I produce this pair of boots and waistcoat, pawned on 26th Feb.—I took them in myself—I believe the prisoner to be the man who pawned them—I had never seen him before—I have only seen him since at the Mansion House.
Cross-examined, Q., What time of the day was it they were pawned? A. To the best of my recollection in the afternoon—the prisoner is the man who pawned them—I will swear he is the man who pawned them—it was on 26th Feb.; I was examined on 7th or 9th April—I signed my deposition—it was read over to me—this is my signature to it.
COURT. Q. Did you attend to it? A. I cannot say that I did.
The deposition was read as follows: "I have seen the prisoner before, but whether he pawned these goods or not I cannot swear; it was a young man dressed as a seafaring young man. "
MR. BALLANTINE. Q., You state here that you had never seen him before, and you said before the Magistrate that you had seen him; had you seen him before? A. No.
(MR. BALLANTINE stated that he would not press the case further.)
NOT GUILTY .
MESSRS. BODKIN and BALLANTINE conducted the Prosecution.
JAMES STEWART . I am a tide waiter, in the Customs. On 29th March I was at the Custom House, in the morning—I had my bag, containing my bed and other articles—amongst them was a coarse blue boat cloak—they were in a waterproof bag, painted blank, about three feet and a half high—we roll the bed and bedding, and put them in—I saw the bag on the Monday,
and saw the contents of it, and on Tuesday, the 29th, about 10 o'clock in the morning, I saw the bag in the passage leading into the Custom House, where we always leave the bags—I was about the premises waiting to be sent on other duty—I beard that a bag was missing belonging to another officer—I wept to assist that officer in looking for his bag—I then looked at my own—it was not in the state in which it had been; the tie had been taken off it, and it was open—I did not tie it up again; I left it in that state—I went to look for it again in about three quarters of an hour; it was then gone—I had not directed any person to take it away—I went and made a communication to the gatekeeper, at the western entrance to the Custom House Quay—a person taking the bag could not have gone out without going through some gate—I have never seen or heard of the bed or bedding since, but I have seen the cloak—I know the prisoner; he used to be about that place many times; he would have an opportunity of passing up and down that passage—I am not sure that I saw him that day.
Cross-examined by MR. RIBTON. Q. There were a number of men about there? A. Yes, there always is—I saw this bag on Tuesday morning at 10 o'clock at the upper end of the passage—it is a passage for the officers and the men employed, to pass through—I had left the bag some days previous—I saw it on Monday; it was then tied, and when I saw it on Tuesday it was untied—I did not examine the bag; but it would be impossible to take the cloak out, because the clothes were all rolled up together—I had tried myself to take the cloak out, and could not do it—I did not see the cloak on Tuesday—I conclude it was there, because it would be impossible to take it out—I will not swear that I saw the cloak on Tuesday; but the other articles which were on the top of the cloak, were there—there were two pillows on the top—I did not tie the bag on Tuesday; I had nothing to tie it with—it was a black canvass bag, and waterproof—there was a' cottee in it, a hair mattress, two blankets, and two pillows—it was the usual sort of bag in which these articles are put by tide-waiters—there were a great many bags like it—I have only seen the cloak since—I had, perhaps, been about the premises for an hour before 10 o'clock—I have known the prisoner a number of years, from a boy—he has been employed some time in the Custom House—I am not aware that there has been any charge made against him—he has carried many things for me—I went with the policeman to his lodging three or four days afterwards.
MR. BALLANTINE. Q. Did you hear of Patterson losing anything? A. Yes; there was not a charge made against the prisoner about that—there was a deal of doubt about it—there were a great number of officers who bad lost things—I heard that a great many things were lost, and that Ward was connected with them—my cloak was rather short and thick—when I saw my bag on Tuesday morning, if the cloak had been taken out I must have noticed it—the contents of the bag were the same as I had left them on Monday, as far as I was able to see.
JOHN DAVIS GREEN . I am a tide-waiter. I was in the tide-waiters'-room on Tuesday morning, 29th March, between 9 and 10 o'clock—I had the misfortune to lose my bed and bedding—I was discussing that matter with my brother officers when Stewart discovered his loss—I had seen the prisoner that morning in the passage leading to the back yard from the western gate of the house across the tide-waiters' room—he was about ten feet from the room at the time I saw him, going away from the room—that was about three-quarters of an hour before Stewart missed his bag—the prisoner had a bag on his back which I supposed contained a bed—it was one of the usual
bags which do contain such things—I had before that seen Stewart's bag in the other end of the passage; it was untied—I pointed the prisoner out to Barnes—I said, "There goes a bag"—he said, "It is Ward"—he followed him, and said, "It is all right; it is Ward"—I had not a doubt of it before—the only doubt I had was whether he had a right to carry a bag.
GEORGE BARNES . I was in attendance at the Custom-house on 29th March, between 10 and 11 o'clock, I saw the prisoner with a bag on his shoulder—I know where Stewart put his bag—there is a pile of shelves where they all put their bags—the prisoner was coming from there.
Cross-examined. Q. Do you say you saw the prisoner carry a bed? A. It was what we term a bed bag.
JAMES JORDAN . I am a watchman, in the service of the Custom-house. I am stationed at the North-west gate—on Tuesday, 29th March, I saw the prisoner between the hours of 10 and 11 o'clock—he went through the gate—he had with him an ordinary bed bag—he was coming in a direction from the tide waiter's place—he passed into Thames-street, and turned to the left.
BENJAMIN DRAPER . I am a tailor, and live in Church-lane, Whitechapel. I produce this short cloak—the prisoner brought it to me to make a jacket of, on 31st March; he said he had bought it down Petticoat-lane, and he wished me to make a jacket of it for rough wear—he said he was in no hurry for a week or two—the lining was out when I received it—I had before made him some things out of such a cloak as all the gentlemen wear, a Spanish cloak.
Cross-examined by MR. RIBTON. Q. Have you any mark on this cloak? A. No; it is a shabby one—there are many old clothes—I have worn it five years, and I had known it for ten years before.
GUILTY . Aged 22.— Confined Twelve Months.
(MR. BALLANTINE stated that fourteen or fifteen persons had been robbed of almost everything they had, and there was no doubt by the prisoner.)
617. JAMES FLETCHER, CHARLES ATKINS, THOMAS JOHNSON, JAMES JONES , and JAMES PRICE , stealing 5 sovereigns, 2 half-crowns, I 10l. Bank-note, and 1 5l. Bank-note; the property of James Dove, from his person.
MESSRS. O'BRIEN, ROBINSON, and BYERLY THOMPSON, conducted the Prosecution.
JOHN DOVE . I am a weaver, and live at No. 16, Minerva-street, Hackney road. On 21st March I drew from the Osborne-street Savings' Bank 20l. 5s. 3d.—there was a 10l.-note, a 5l.-note, five sovereigns, two half-crowns, and a 3d.-piece—I put the notes, and sovereigns, and half-crowns, into a little leather purse, and put the purse into my left hand trowsers pocket—I kept the 3d.-piece in my hand—when I left the bank, I went into the Nag's Head—it was after 1 o'clock I am certain—I called for half a quartern of rum, a little warm water, and sugar—I asked the landlady to allow me to go into the parlour, and warm myself—she said, "There is a good fire in the tap room;" and I went in there—the tap room appeared to be full of people, but they made room for me to go to the fire—I was very cold—I can recognise two of the prisoners being there, who were Fletcher and Atkins; but whether they were there when I went in, I cannot tell; if
not, they were in a few minutes afterwards—they both spoke to me, but I believe Fletcher was the first—he got into conversation about trade; he said he was a weaver, and had work from a warehouse in the City—we had a good deal of talk together—Atkins, and another man who was there, conversed with Fletcher—the three appeared intimate together—one of them, either Fletcher or Atkins, offered me a glass of rum; I think it was Atkins—I refused it at first; but they urged it, and I took it out of the glass which they handed to me—it was a small glass—I had a second glass offered to me by either Atkins or Fletcher—I believe it was Atkins—I did not take the second glass; I refused; and on my refusing it, Fletcher popped it into the remains of the rum and water that I had in the glass which I brought from the bar—I did not take any of it—I said, "It will be strong enough; you can put some water in it, and drink it yourselves, for I will have no more of it"—I left the house, and walked down Mile-end-road; and when I was opposite the London Hospital, I saw Atkins—I said, "Are you coming this way?"—he said, "Yes, I live this way"—I do not recollect anything else that occurred till I got to the Dyers' Arms—I went by myself till I got near the door of the Dyers' Arms, and then Fletcher and Atkins, and one or two more, wanted me to go in, and they came and dragged me in—I was just at the door of the Dyers' Arms when I saw Fletcher and Atkins, and one or two more—I know the Three Cranes—I have no recollection of being in there—I recollect they offered me something to drink at the Dyers' Arms; I refused it, and they urged me to drink; I cannot recollect whether I took any or not—there was a seat at the Dyers' Arms, and after standing some time I sat down, and one of them said, "This man wants to go to the water closet"—on that I went into the back yard; Fletcher and one or two others went with me—I went into the water closet, and when I came out, a number of them got round me and robbed me—I was completely penned in—I was nearly paralysed, and one put his hand into my pocket, and I saw him drag my purse out with the money in it—I saw it in hit hand—I cried out, "I am robbed! landlord, I am robbed!"—on my crying out, the men that were about me went away—this occurred just out of the water closet, under a covered skittle ground, within a yard of the water closet—they then went away—there were five or six persons—I cannot speak to any of them but Fletcher—he was one of the five or six—he took me into the back yard; I walked along with him—I cannot recognise any of the other prisoners as being in the back yard but him—I have an idea it must have been somewhere about 4 o'clock when I got to the Dyers' Arms—Fletcher was brought back in about five or six minutes after I cried, "Landlord, landlord! I am robbed;" I cannot say exactly how long; I was very much confused—two other men were brought back, but I could not recognise them positively at that time; but I had an idea of them—I swear I saw the purse in one of their hands—I saw the band distinctly, and the purse in it, but I did not see who it was—I could not see his face; he was behind me.
Cross-examined by MR. RIBTON. Q. After you had received your money, was the Nag's Head the first house you went into? A. Yes; I know a public house at the corner of Great Garden-street—I did not go in there; I never went near it—I do not know a public house called the Red Lion—I did not meet anybody near Great Garden-street with an extraordinary silk handkerchief, and who I had conversation with; nothing of the kind—I had no conversation about a handkerchief—I am sure the Nag's Head was the first place I was in—I came out of the bank—I had not dined—I had a bit of bread and cheese before I came from home, that was all.
Cross-examined by MR. READ. Q. Do you work at home at your business? A. I have not worked at it for some years—when I left home, my daughter gave me a bit of bread and cheese, and I went into West's brewery, and had a glass of 4d. ale—it is a respectable place where I call sometimes and look at the paper—it was after 10 o'clock that morning when I left home—I cannot say how far my house is from the bank, it is a mile or more—I cannot say how long I bad to wait in the bank—I had to wait my turn—I should think I was there more than half an hour—the house I have named was the only house I was in before I got to the bank—the Nag's Head is round the corner, in Whitechapel, opposite the church—I went in there intentionally; they gave me an odd 3d. piece at the bank—I put the other money in my purse, but that I thought I would go and have a half quartern of rum with, and some warm water; I was very cold—I was not dressed as I am now—I had another dress on, which was older than what I have on—I did not want to go in the Dyers' Arms; I was forced in.
Cross-examined by MR. LILLEY. Q. Did you know the Nag's Head? A. I was in it; I am not used to go to any house—I do not suppose the Nag's Head and the Dyers' Arms are more than 100 yards from each other.
Cross-examined by MR. RIBTON. Q. How far is it from the bank to the Nag's Head? A. Not more than 150 yards; the Nag's Head is in Whitechapel; you have to go down the main road to get to it—I did not take out my purse at the Nag's Head, nor at the Dyers' Arms—I was not the worse for drink when I got to the Dyers' Arms—I never said I was tipsy—I was so afflicted I could scarcely walk; I bad a great deal to do to get down to the bank—when I got to the Dyers' Arms I was quite sober, and also when I went to the water closet—it was a small leather purse—I am quite sure I saw the purse in his hand.
MR. O'BRIEN. Q. Had you occasion to draw out your purse at all during the time you were in the public house? A. I never drew it out at all; I paid for the rum with a 3d. piece, that I had put between my teeth—I would not put it in my purse in the bank—from the time I left the bank till I got to the Nag's Head, I was not in company with any one—I am a stranger in that neighbourhood.
Fletcher. Q. Did not you say that you went into the nearest public house in Osborne-street? A. I am a stranger in that neighbourhood; I thought I would go into the first public house, but it appears it is the third house—I stated that it was exactly opposite the church—I gave that explanation at Worship-street—previous to the witness being brought forward from the Nag's Head, I said I did not know the name of the house—I said I went in the first house, it being very cold—I said the house round the corner—when I was at Worship-street, I fancied I bad gone into the first house—when I was before the Magistrate I said I was robbed—I did not say you were the person—I said I was hustled and robbed by you and others—I cannot say which of them it was that did actually draw the purse from my pocket.
Cross-examined by MR. READ. Q. When you got near the Dyers' Arms, did you tell the people that were going to force you in that you were not well? A. No; I did not speak to them—I turned round that street to go home, and Fletcher was with me, and another or two.
JOHN RAWLINS . I am potman at the Nag's Head public house, in Whitechapel road—I heard of a robbery—the day before I heard of it, I remember the prosecutor coming into my master's house about 12 o'clock as near as I can tell—he was going in the parlour, but he went in the tap room—the landlord and barmaid told him there was a good fire in the tap room
to go in—there was nobody with him when he came in—he had half a quartern of rum and a drop of hot water, that he brought from the bar himself—the prisoner Price was in the tap room, Price, Fletcher, and Atkins came in together, after he was in—I should say in ten minutes or quarter of an hour, I saw them get into conversation with the prosecutor—Fletcher alone did first, and Fletcher offered him some rum—after he drank that, Fletcher offered him another glass of rum—he did not drink that glass, he just sipped it, and Fletcher then emptied the contents into the prosecutor's glass—the prosecutor did not drink that; he told them they might put some hot water to it and drink it themselves, and he went out, and they remained there about half an hour after he left—I had not seen any of them before—I next taw them at Worship-street—I did not take particular notice what day I was there.
Cross-examined by MR. RIBTON. Q. Were any of the prisoners in before the prosecutor came in? A. No; I am sure of that—Atkins and Price came in one after the other, as fast as they could come—I was in and out of the tap room all the time, and from there to the bar—the prisoners staid about half an hour after the prosecutor left.
Cross-examined by MR. READ. Q. Was the prosecutor quite sober when he came in? A. Yes
Cross-examined by MR. LILLEY. Q. Where wereyoustanding when the prosecutor came in? A. In the tap room, cleaning knives—I cannot say which of the prisoners came in first.
Fletcher. Q. Was it not a fortnight afterwards beforeyouheard of the robbery? A. No; I heard of it the next day—it was a fortnight before I gave my evidence—I first heard of it by people coming into our house—they asked me if I knew the old man that was in our house? I said, yes—they said he bad been robbed of his money—it was not any of the persons outside, or any of the officers of police who informed me.
MR. O'BRIEN. Q. How far is the Nag's Head from the Dyers' Arms? A. I should say about a mile—the prosecutor remained in the Nag's Head an hour and a half, or from that to two hours—there were others in the tap room when the prosecutor went in, but I did not notice them particularly—I do not know how many were in.
JAMES HENRY WILLIAMSON . I keep the Three Cranes public house, Mile-end-road; it is about half a mile from the Nag's Head. I saw Mr. Dove there on Monday, 21st March, between 4 and 5 o'clock in the afternoon-Fletcher came in with him—I had never seen Fletcher before—I saw Fletcher again at the police court—Fletcher called for half a quartern of ram, and asked for some hot water, which I gave him—they drank it together—after that the prisoner Price came in, and another, who is not here, and Johnson, in company with two, who are not here, came in almost directly after Price-Price and another man stood at the bar, drinking with Fletcher and Dove-Johnson went into the tap room—after Fletcher and the prosecutor bad taken what they had, they sat down on a seat, conversing together, as if they had known each other for years, and then they left together—Johnson and Price followed immediately after them—I have no doubt that Johnson was one of the men—Dove was very collected indeed; he did not appear to me to be in a state of intoxication.
Cross-examined by MR. LILLEY. Q. Ton had never seen Price before? A. No; I did not see which way they went—I went to the door; I could not see them—Price stood at the bar, and drank what he had.
street. On 21st March I saw all the prisoners come in—three more persons, who are not here, were in the house at the time—the prosecutor was with them—they came in, but not altogether—Fletcher and Jones, and another, who is not here, were with the prosecutor—one of them had hold of each arm, and another had hold of his back—they wanted him to go in—he refused—they forced him into the house—he said he did not wish for any more to drink—one of them, I cannot be positive which, called for a pint of 6d. ale—Jones paid for it—my mother served it, and I took the money t—Jones and another man, who is not here, put the glass of ale to Dove's mouth—I had never seen Jones before—I saw the prisoners again on Saturday, 2nd April, at the police office—I am quite certain they are the men.
Cross-examined by MR. READ. Q. You say Dove was forced into your door? A. Yes; two of them bad hold of his arm, the other was pushing his back—they said he was quite welcome—I heard him say he did not want any more to drink—Jones paid for a pint of 6d. ale, offered it to him, and said he was quite welcome—there is a tap room to our house.
MR. B. THOMPSON. Q. Where did the prosecutor go after the ale was held up to his mouth? A. Into the back yard, and Fletcher and another man, who is not here, went with him—Jones remained in front of the bar—after Dove was gone into the yard, Price followed him—Atkins and Johnson, who came in together, remained in the house, and then they went out—they went out before Dove came out of the back yard—Atkins and Johnson did not join with the other men; they did not seem to have any conversation with them—I heard somebody in the back yard call "Landlord"—after that I saw Fletcher come out of the yard, and the other men with him; they all followed one after the other, Price' and two more men, who are not here—Jones sat there, and when the others went out he followed them—Price had bad some beer; he did not drirlk it, very nearly the whole pint was left—when Dove came in from the back yard he told my mother he was robbed—my mother and I went to the door, and I saw the whole of the prisoners at the top, all walking together very quickly—Cronan, who was in the tap room, was called out, and he ran after the men—Fletcher, Atkins, and Johnson, were brought back to our house—Dove was there when they came back—he said he could not swear to them, only to Fletcher—Fletcher did not say any thing—Price was not brought back.
Cross-examined by MR. RIBTON. Q. You say that before they came back from the yard, Atkins and Johnson had left? A. Yes; I saw all the five prisoners walking at the top of the street—I went to the door to look after them—the top of the street is about as far off as the corner of this court—their backs were towards me—they were walking away—I had never seen Atkins or Johnson before—I am able to swear that they were two of the men who were walking away—I did not see their faces, only their backs; yet I will undertake to swear they are the men, because I saw them in our house, and Fletcher, Atkins, and Johnson were brought back almost directly, in five minutes—when we went to the door we saw five men walking—we did not call for Cronan exactly, we called for some of the men, and he came—my mother said, "Some of the men have robbed this old gentleman; go and see if you can see them; they are all gone that way;" and he followed them.
Cross-examined by MR. READ. Q. You say that Jones, Fletcher, and another person came in with the prosecutor? A. Yes; I cannot say who ordered the pint of ale, but Jones paid for it, and he offered some to Dove, saying he was quite welcome—Dove sat down on a chair, Jones and Fletcher
sat down on a seat—Jones did not have any conversation with the others; he had conversation with Fletcher and another man, who is not here—when they went in the yard, Jones remained in the house—it was about five minutes after they had been in the yard that I saw the people leave the house—Jones left the house after some of them came out of the yard—Jones's pint of ale was very nearly all drank before they went in the yard—Jones did not go in the yard; he was separated from the others by remaining in the public house—he left after the others left—they left the same moment, one after the other—it is not unusual to see three or four men come in at the same time, and go out at the same time—Cronan was in the house that afternoon—I went to the door directly the men left—they had not got up the street—Cronan came while we were at the door; we called him—he did not come out while we were standing at the door—we came in when he came out—my mother told him where the persons were, and he left and went up the street after them—Dove came in from the yard directly after they had left.
Cross-examined by MR. LILLEY. Q. Who first came out of the yard? A. I could not positively say who came first—Price had conversation with a man who is not here—I had never seen Price before that day.
MARY ANN HAYDON . I am the wife of William Haydon, who keeps the Dyers' Arms. On 21st March Dove and several other men came in altogether—two or three had hold of Dove—one of them was Jones—I do not recollect that any of the others were with him—Jones bad got bold of his arm enticing him in—they came in, and not two minutes after Atkins and Johnson came in—Jones called for a pint of 6d. ale—he offered some to Dove; he said, "Take some of it, you are quite welcome"—I do not know whether Dove took any—I afterwards saw Johnson and Atkins—I do not remember seeing the other prisoners till they were brought back by the police—I suppose they did not stay at my bar five minutes before Dove went in the yard with some of them, but I do not know who—neither Jones, Atkins, nor Johnson went into the yard—after that I heard Dove call out "Land lord" several times—I said to Jones, "Why don't you go and look after your friend? they are hurting him,"—he said, "O no, they are not, it is all right"—after that they all came in out of the yard, and made their way out of the house—I cannot recollect who they were—I can recollect two of them, but they have not been taken into custody—when Dove came in he appeared to me to be very tipsy—he did not appear to be anxious to come in—he did not want to come in—I consider he was dragged in—I called Cronan out of the tap room—he went after the prisoners.
Cross-examined by MR. READ. Q. You now say he was dragged in; you said before enticed in? A. I consider them much about the same—they had hold of his arm—they were supporting him—they dragged him by force—they forced him—pulled him—Jones did not go in the yard—none of them left the house till the persons came out of the yard—they all then left, not exactly together, but at the same time—I do not know that Jones remained behind to finish his pint of ale after some of the men had left—I did not notice his remaining—I do not think he did—I looked up the street—Cronan was not there till I called him out of the tap room—I pointed out the men, and he followed immediately.
Cross-examined by MR. LILLEY. Q. You saw Dove come in and saw the persons come out of the yard? A. Yes; I was in the bar parlour, and in and out of the bar—I cannot see from the bar parlour through the bar, nor into the passage.
Cross-examined by MR. RIBTON. Q. Were you and your daughter at
the door together? A. She taw me go to the door and come out—I saw Jones, Atkins, Johnson, and another man with an umbrella, all walking together—I had not seen them drinking in my house till that day—when I saw them walking away their backs were towards me—I can say that these are the men that were in the house—I saw their backs.
Fletcher. Q. Did you see me in the house till I was brought back? A. I do not remember you at all till you were brought back.
MICHAEL CRONAN . I was in the Dyers' Arms. On 21st March, from about 3 o'clock till 5, I heard an alarm, and heard Mrs. Haydon call "Mike"—I went out, and when I got to the top of Cleveland-street, I saw Fletcher running across the road towards Assembly place—I went after him and caught him—I said, "Are you the man that was in the beer shop just now?"—he said, "Yes; but I am not the man that robbed him"—I had not accused him of robbing him—I gave him in charge—I asked him whether they were his two friends that were going along?—he said, "Yes"—that was Atkins and Johnson—I followed and came up with them—I asked them whether that was their friend that was in custody?—they said, "No"—there were two officers with me—I told them to bring them back to the beer shop, which they did—when they came back they were noticed by Mrs. Haydon as having been there having some beer—Atkins and Johnson were not running, but walking arm in arm—I saw Dove and Fletcher going through to the back yard a little before 5 o'clock, but did not take notice of them—I was then in the tap room—I was able to see Fletcher distinctly—there were three or four other men there, but I did not notice them—Fletcher was behind them—they were going through into the yard towards the water closet—I heard a noise from Dove, but I did not take notice till they all hastened through the house into the street, and Dove came in and said he had been robbed of 20l. and two half crowns
Cross-examined by MR. RIBTON. Q. Had you seen Atkins and Johnson in the bar? A. No.
Cross-examined by MR. READ. Q. Was Mrs. Haydon at the door? A. Yes; she told me they had gone round the corner; that was to the left—I should say the corner is fifty or sixty yards from the Dyers' Arms—I went out immediately—I saw three persons; that was all—the street was pretty clear; there were other persons about—these men were on the path, not on the pavement—I never saw anything of Jones.
Cross-examined by MR. LILLEY. Q. Did you ever say you would not say anything against these people if you got a sovereign? A. No; I take my oath positively to that.
MR. ROBINSON. Q. You did not see Jones there; you do not say that he was not there? A. I will not swear either way; I did not notice that he was
Fletcher. Q. Was not the officer there when you asked if the other two were my friends? A. He was coming up Assembly-row; I asked whether you had been in the beer shop, and said the man had been robbed—you said you were not the man—you did not deny being in the back yard.
COURT. Q. Did you say anything to him about the back yard? A. Yes; I said, "You were in the beer shop in the back yard"—he said, yes, but that he was not the man who had robbed him.
JOHN PEARCE (policeman, K 178). I took Fletcher into custody—Cronan asked him if he was in the beer shop when the old man was robbed—he said he was, but he had not committed any robbery—Cronan gave him in charge to me—there had been some conversation with Cronan and Fletcher before I
came up; I did not hear it—Cronan asked him if those other two (Johnson and Atkins) were not his friends—he said they were—two of my brother officers went and brought them back, and we took the three back to the beer shop to see Dove, but he was so feeble and so defective he was hardly able to give us any account.
Cross-examined by MR. RIBTON. Q. Are the two officers here who took Atkins and Johnson? A. No; Fletcher was the only one against whom there was any charge—there was a remand, and he was the only one on the second occasion, and on the third occasion the other prisoners were brought in—Atkins and Johnson were not detained at the station; they were not locked up at all; they were discharged; they were taken afterwards by sergeant Whicher.
Cross-examined by MR. READ. Q. In what street were they first taken? A. In Mile-end Road—you have to turn a corner to go to the Dyers' Arms, but very little; it is nearly opposite—I might be 200 or 300 yards from the Dyers' Arms when I took them—I was on duty, coming towards the Dyers' Arms.
MR. ROBINSON. Q. You say that Atkins and Johnson were discharged at the station? A. Yes, for want of evidence—the inspector sent for some one from the beer shop, and Sarah Haydon came—Dove was at the station; he was apparently the worse for liquor—there were two examinations of Fletcher—none of the others were in custody then.
Fletcher. Q. When you came up, did you not bear Cronan say a man had been robbed at the Dyers' Arms? A. Yes; and you said you had not robbed any one.
JONATHAN WHICHER . I am a detective police-officer. On 1st April I saw the prisoner Johnson in the Strand, in company with an old man, and Jones was following about twenty yards behind—I saw Price on the other side of the way, in the company of another man, whom I knew to be a companion of Johnson—Price and Jones apparently were watching Johnson-Johnson and the strange man then went into a public-house in the Strand—after Johnson had gone in, Price went and spoke to Jones, who was outside the house—Jones then made a motion with his hand towards the side door of the public-house, and Price went in at the door, and Jones followed him—I then saw Atkins standing outside; I had not noticed him before—I knew him to be a companion of Johnson—I went to Scotland-yard, and returned in about twenty minutes—I then saw Jones and Price come out of the public-house, and speak to Atkins—Johnson then came out of the public-house, leading the old man that he went in with, who was then very drunk—we followed them to Holy well-street, and there they were all apprehended—Johnson was leading the old man, who could scarcely walk—the others were following behind—I have known Johnson, Atkins, and Jones, as companions, for about eighteen months—I had heard of this robbery at the time I saw them in the Strand, and that was the reason I went to Scotland-yard to get assistance to take them—Jones, Atkins, and Johnson, gave false addresses-Jones said he lived at No. 28, Marigold-street, Rotherhithe; Johnson gave his address at some street in Pentonville; I do not know the name of it—I made inquiry the next day, or the next day but one; there is such a street, hut no such person was known there—Atkins gave his address in Brunswick-street, Hackney-road—I made inquiry, but no such person was known—he gave a number; I think it was 20; I found he was not living there.
Cross-examined by MR. READ. Q. You say they were with an old man?
A. Yes, whom I found afterwards to be a pensioner, who bad just received his pension.
Cross-examined by MR. LILLEY. Q. Price did not give a false address? A. No.
JOHN MARTIN . I am a constable and messenger at the Westminster Savings Bank, in St. Martin's-place, Charing-cross. I know Fletcher, Johnson, Jones, and Atkins; I do not know Price—I have seen the four together, more than five or six times, loitering about outside our Institution, at the corner of St. Martin's-lane, and have seen them together more than once at a public-house at the corner of Chandos-street—I have seen them from first to last for about two years—the most recent time was about five months from this time.
Fletcher's Defence. My business occasions me to go into many different public-houses; I serve persons with boot-laces for the trade; I do not deny that I was hurrying when I was taken; I am obliged to hurry; I did not say anything about the robbery till the witness mentioned it to me; it is false that Martin has seen me.
Witnesses to character.
THOMAS JENNINGS . I live in Bird-street, Lambeth, and am a coal agent. I have known Price ten years to the present time—he is a furrier—I know nothing at all detrimental to his character—he has lodged with me.
Cross-examined by MR. ROBINSON. Q. Did he lodge with you to the present period? A. Yes—he is a furrier; he works for a lady in the London-road—he mends and cleans furs—I have never seen him at the place—I do not know of his going by any other name—I do not know of his going by the name of Priest—I do not know any of the other prisoners—I am agent to Coles Child, of Belvedere-wharf, and have been so for about twenty-five years—I will swear that I did not tell the officer Whicher that I did not know how Price got his living—Whicher came and asked me a few questions, which were tantamount to legitimate questions, and I gave him a full answer—I mean to swear that ever since Price has been with me he has always gone by the name of Price—his mother's name is Price, not Priest.
MR. LILLEY. Q. Does he support his mother? A. Yes; and I never heard anything detrimental to his character.
Cross-examined by MR. ROBINSON. Q. Has he worked for you to this time, every day? A. Yes; he goes out sometimes with work—he was away one day at the time he was taken—I recollect 1st April—I do not know whether he had any work about the Strand that day—he goes to many different parties—he goes out frequently—I pay him 18s. or 20s. a week—I do not recollect the 21st of March—I pay him sometimes 18s., and sometimes 20s.; it is according to the business—I never knew him to go by the name of Priest.
COURT. Q. Am I to understand that he has been in regular work with you till this time? A. Yes, cleaning and making up furs, carrying them home, and fetching work.
JOHN HAYWOOD . I am a wood turner, and live in Church-row. I have known Johnson about eight years—he has always borne a very good character for honesty—I never heard anything against him—he is a hair preparer—I do not know where he works.
Cross-examined by MR. ROBINSON. Q., Did you ever know him by any
other name? A. Yes; Batchelor is his right name—I Deter knew him by the name of Johnson—I cannot say that I knew him to live at Pentonville—he lived in Fuller-street, Bethnal-green Road—he lived there at the time he was taken—he has been lately working at the boot trade—he has lost one of his eyes, and has not been able to work at the hair trade lately.
COURT. Q. What have you known about his character; is he a companion of yours? A. No; I kept company with a sister of his; she did not live with me.
COURT to JOHN PEARCE. Q. Do you remember, when Johnson was first taken and discharged, what name he gave? A. The name of Batchelor.
(John Lawley, a cooper, in Red Lion-court, Spitalfields, and Thomas Hardy, an appraiser, in Union-street, gave Fletcher a good character.)
FLETCHER— GUILTY . Aged 48.
ATKINS— GUILTY . Aged 38.
JOHNSON— GUILTY . Aged 49.
JONES— GUILTY . Aged 62.
PRICE— GUILTY . Aged 51.
Transported for Ten Years.
THIRD COURT.—Friday, May 13th, 1853.
PRESENT—Mr. Ald. KELLY; Sir ROBERT WALTER GARDEN, Knt., Ald.; Mr. Ald. WIRE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury,
618. JOHN HENRY WOODFORD , burglariously breaking and entering the dwelling house of John Thomas Sharp, and stealing therein, 1 snuffbox, 4 spoons, 1 tablecloth, and other articles, Value 7l.; his property.
HENRY KIRBY (policeman, N 335). On Sunday morning, 24th April, I saw the prisoner in the Hemmingford-road, at the corner of Thornhill-square, in the parish of St. Mary, Islington, about a quarter before 4 o'clock in the morning—I went up to him, and asked him where he had come from—he said, "From Barnet"—I asked him whose coat and hat he bad got—he said, his own—I took his hat off, and found in It this tablecloth (produced)—I took him to the station, searched him, and found on him a silver snuffbox, four silver spoons, and this hat and coat (produced)—t then went to Mr. Silliphank's, No. l, Thornhill-square, and found this counterpane (produced) Wrapped up in this handkerchief, in the garden; I took them to the station, and the prisoner said it was his handkerchief, and he meant to go back for the bundle, as he might as well have the lot while he was about it.
JOHN THOMAS SHARP . I live at Hemmingford-cottages, Barnsbury-road. This tablecloth, counterpane, coat, hat, and snuffbox, are mine; they are worth 7l. or 8l.—on the Sunday morning that this took place, I went to bed about half past 1 o'clock—I was the last person up; I went over the house just previous to going to bed—it was perfectly safe except one window, which was so small that there was no bolt on it, anybody could get in there—I came down at a little before 7 o'clock, and found the drawers and cupboards open, and the things strewed about—the house was secure excepting the back door, and there was no appearance of that being broken—the mortar was rubbed off by the small window.
Prisoner. Q. Did you find any place broken? A. No; but the small window was open, that had been left open.
7 o'clock in the morning, and found the sideboard cupboard open, and the things on the floor—the back door of the house was undone, and wide open; I had seen it fastened the night before—somebody had got in at the small window, and had gone out by the back door—I saw some dirt on the window.
HENRY KIRBY re-examined. I found the counterpane about twenty-five houses from Mr. Sharp's; a person could get there from Mr. Sharp's, along the wall at the back of the houses—the back of Thornhill-square faces the back of Hemmingford-cottages.
Prisoner's Defence. The prosecutor states that the window was left open, and I stand here charged with burglariously breaking and entering; I do not see how I can be brought in Guilty.
GUILTY of stealing in the dwelling house. Aged 25.— Transported for Seven Years.
GUILTY . Aged 45.— Transported for Seven Years.
MR. GIFFORD conducted the Prosecution.
(The evidence was explained to the prisoners by an interpreter.)
AUGUSTUS SILLEM . I am a merchant, carrying on business in Crosby-square. On Friday, 1st April, Davidson called at my office, and this paper (produced) was handed to me by a clerk, in consequence of which I went out and saw Davidson; I asked him in German if his name was Wagner, he said, "No;" Wagner was ill with a bad foot, and being anxious to emigrate to America, was endeavouring to raise subscriptions to enable him to do so—this seal was on the paper at the time—I gave him two half sovereigns, which I took the precaution to mark, and wrote my name across the back of the certificate—(read: "Mr. H. Wagner is the son of a highly respectable family on the continent, and I knew him for several years as a very industrious honest young man; he has been afflicted with severe illness, and intends to leave this country for America, to enter a new sphere of action; I have already assisted him for the said purpose, and recommend him for further help. Dr. Louis Cappell, minister of the German church, Goodman's fields" (a seal was attached.)
JOHN HORSFORD . I am an officer of the Mendicity Society. On Friday afternoon, 1st April, between 3 and 4 o'clock, I saw Davidson and another man come out of Partridge-court, Gravel-lane, City, and followed him to Crosby-square, to Mr. Sillem's—when he came out, Hardwick and I took him into custody, and told him he was charged with obtaining 1l. of Mr. Sillem; he said, "Me, me! I have not done so" (I had seen Mr. Sillem, and heard what had taken place)—I said, "You have, and you have got the certificate"—he put his hand in his pocket, took out a certificate, and attempted to tear it—I took it from him, and also this letter (produced) which he took out of the same pocket as the certificate, and attempted to tear—I took him to the station, went back to Partridge-court, and found my brother constable there and the prisoner Müller, writing a letter for a woman—he requested us to go out of the room while he read the letter; when he had done that I told him he was charged with obtaining 1l. by using a forged letter of Dr. Cappell's—as soon as I told him that, he put his hand into the corner of a drawer beside him, and took out this seal (produced) which is similar to the impression on the certificate—he attempted to throw it into the fire; I caught hold of his hand and took it—I took him to the station.
Prisoner. Q. Was I going to tear the letter up? A. Yes; the letter was torn.
JAMES FRYER . I am an officer of the Mendicity Society. On 1st April, about 4 o'clock in the afternoon, I took Davidson into custody in Houndsditch—I found on him several letters (produced) in this pocket book; he attempted to destroy one of them, this (produced) is the end of it—I found on him this half sovereign, marked—I afterwards went to No. 9, Partridge-court, and saw Müller—I found on him between 300 and 400 letters (produced)—they were all begging letters—Müller was sitting on these two papers, which purport to be certificates—(these were in German, and bore the seal of the Goodman's-fields Lutheran Church, Another letter was addressed"Worthy Baronet," and requested the charitable to contribute their mite to enable the afflicted writer to settle in an honest way, and referred to the Rev. R. T. Cohen, of Dover, a few lines of whose handwriting were stated to be enclosed—Signed "Nathaniel Davidson." Another letter signed Nathaniel Davidson stated that the writer was a Russian Jew, and had been a traveller; but having embraced Christianity, objected to travel about selling brass for gold, and requested the sum of 3l. to enable him to learn the trade of a slipper maker, referring to the Rev. C. F. Ewell, of No. 6, Palestine-place, Bethnal-green)—The following was also read: "3, Church-street, Spitalfields, March, 1835, Mr. E. Müller is suffering from very severe gout, and is under my care; the use of a galvanic battery would be doubtless of very great use to him, and therefore I earnestly recommend him as a man worthy of consideration, as a means of enabling him to enter a new sphere of action. Signed, FORB, surgeon")—Other letters referred to Herman Towne, of Spitalfields, and N. Nathan, Esq., of No. 10, Finsbury-circus.
Witness continued. I have inquired for Mr. Herman Towne at the address in Spitalfields, and no such person is Known—I inquired at every house in the street.
Prisoner. Q. Have I spoiled the letter? A. You tore a corner off it; you made a mistake, I suppose, and thought it was the certificate.
DR. LOUIS CAPPELL . I am minister of St. George's Lutheran Church, Goodman's-fields. There is no other person of that name connected with that Church—this seal (producing one) is the official seal of the Church, and here is an impression from it (produced)—every Church in Germany has such a Real; it is used if the handwriting of the minister it perfectly unknown, and in the eyes of foreigners such a document has a legal effect; it autho-rises the document—I never wrote or sealed these papers produced—for the last five or six years forged impressions of the seal have been coming under my notice.
LOUIS VAN DER NAST (through an interpreter). I am a waterproofer, and lived at Three-ton Alley, Whitechapel. I have left since—I am in the employ of Cowan and Co., of Aldermanbury—I know the prisoners, and have seen them together several times at Mailer's house, in Partridge-court—I have seen Müller write several times, and know his writing exactly—this certificate in English (the one shown to Mr. Sillem) is in his writing, and this other one is the same in German.
ALFRED BENECKE . I am one of the firm of Stuckey and Co., of No. 63, Moorgate-street. On the morning of 19th Jan. we received a letter without a name, of which I have a translation here; it enclosed the address of a Mr. Spero, and the handwriting of the Rev. Dr. Steines—the letter states that the writer has been for twenty years a music master, and was in great distress—Davidson afterwards called, on the subject of that letter; he referred to it,
and asked for relief—I told the clerk to give him 10s.—I then went through the office, and saw a young man—I said, "Have you been twenty years in England?"—he said, "No, only ten years"—I said, "You had better get off, for I suspect it is a forgery," and I let him go—he told me that his name was Spero, and that he applied for relief—on 31st Jan. he came to the Society of Foreigners, distressed, with a recommendation from the Rev. Dr. Steines; I recognized him immediately, and asked him if he had never seen me before; he protested strongly that he had never seen me—I asked him to sit down for a minute, and sent for the clerk who had given him 10s., who immediately said, "That is the man you gave 10s. to, and took from him for attempting to impose upon you"—Davidson asked me not to be hard upon him, and he was dismissed—a short time afterwards I received a letter from Mr. Vander-Nast.
Davidson's Defence. Several of the letters were written to give me a good character, and some of them I wrote for the purpose of practising the English language; several times I earned a few halfpence by the instructions of Müller, by copying the letters; I was obliged to make different copies for him; I put them into English and German, and that is the cause of my writing being with his letters; he told me to go with the letters to Mr. Sillem's, and promised to give me something if I went, and told me he was recommended there by two gentlemen, but did not tell me it was false; I asked him why he did not go himself; he said he was not very well—he went with me to Houndsditch, and showed me where to go in, and I went in with the letter, and took him the sovereign back; he told me if I would get 2l. he should have quite enough to go abroad; I did not want to destroy the letter that was torn; it was written to Mr. Montefiore when I was coming to London; it has writing in it about the Rev. Mr. Cohen, of Dover, where I lived thirty months; his writing is in my pocket book; Mailer told me to say the name of Wagner; I can copy any language, but I cannot spell the English, and the letters found in my pocket book I kept to see how to spell words; I have been six weeks in prison.
(Simon Levy, a slipper maker, of No. 9, Partridge-court, Gravel-lane, Houndsditch, gave the prisoners good characters.)
DAVIDSON— GUILTY . Aged 19.— Transported for Seven Years.
(The officer Horsford stated that he had been four years endeavouring to bring Miller to justice.)
MR. THOMPSON conducted the Prosecution.
DOUGLAS CHARLES GARDINER . I am an appraiser, of 17, Hatton-garden—on 14th Feb. I received this letter (produced), in consequence of which I gave directions that money should be left out for an umpirage, which I expected to come that night—when I came the following morning I found that an umpirage had been taken in; this (produced) is it, it was handed to me as having arrived—it has written on it, "Pay bearer 10s."—I directed it to be copied, sent a clerk to Gravesend on the Wednesday morning, and my father started an hour later to meet him—I did not see the prisoner on either of those days—I do not know him at all—it is usual to give some gratuity to the person who brings the umpirage, 3s. 6d. or 5s.
JANE TROUGHTON . In February last I was housekeeper to Mr. Gardiner—I know the prisoner, and remember his bringing this umpirage produced on 14th Feb.—he said be had brought an umpirage for Mr. Gardiner to attend to the day following; that 10s. was to be paid for it, and Mr. Gardiner was to go to Gravesend, and he would find the lease of the premises, and that the last train was at 4 o'clock—he showed me the back of the umpirage, and it was marked "Pay bearer 10s., "which I paid him; 7s. was left out, and I put 3s. to it from my own purse—he did not mention the name of the solicitor.
CHARLES EDWARD SLEE . I was clerk to Mr. Gardiner on 15th Feb.—I saw these papers in the office, and received instructions to go down on Wednesday morning, the 16th, to Gravesend—I went to a house called the Canal Tavern, it was empty, there was no sale going on—a man was in possession—I could not find Walter James, James Sloman, William Field, or John Smith—I could not find that there was any umpirage connected with the Canal Tavern, or with any of these documents—a second letter was afterwards left on Tuesday night, the 15th—that was for the purpose of saving my father the trouble of going to Gravesend—the housekeeper took it in.
DOUGLAS CHARLES GARDINER re-examined. This letter was left after the inventory had been left—it has the same signature as the preceding one. (MR. ROBINSON, for the prisoner, objected to these letters being read, the prisoner not being shown to be connected with them. The COURT considered that the money was paid in consequence of the receipt of the letter itself, independent of its contents; and therefore overruled the objection. Read: "Mr. Gardiner, appraiser, Hat ton-garden.—Canal-terrace, Gravesend, 14th Feb.—Sir,—I avail myself of the opportunity of a gentleman leaving here by the half-past 11 o'clock boat to inform you that Messrs. Smith and Field, appraisers, cannot agree, and have referred the inventory to you as arbitrator. This will be posted to you at Blackwall, and you will receive this before the inventory, which will be forwarded between 6 and 7 o'clock.—Your obedient servant, W. James, Solicitor, High-street."—"Mr. Gardiner, Hatton-garden, umpirage, paid, 10s." "Gravesend—Sir,—As umpire you are requested to value the effects comprised in the foregoing inventory; see lease on the premises, and let your award and charges be ready by 5 o'clock on Wednesday.—We are, Sir, William Field and John Smith," to which letter an inventory was appended.—"Mr. Gardiner, 17, Hatton-garden, 15th Feb., 1852. High-street, Gravesend.—The appraisers have settled their valuation, so you need not go down; but if you will leave out the inventory, with what your charge is, it shall be called for on Thursday—I am, Sir, yours, &c, William Jones, solicitor. ")
JOSEPH JOHN GREATED . In Feb. last I was clerk to Edward and Richard Henry Bullock, auctioneers—on 26th Feb. the prisoner came to our office, and brought this small packet (produced)—I opened it in his presence—he said he had brought an umpirage from Brighton, and that there was 10s. to pay—"Pay bearer 10s." was outside the wrapper—I found in it a long inventory of household furniture, also this letter (read: addressed, "Mr. Bullock, appraiser, High Holborn. 11, Colonnade, Brighton, 26th Feb. 1853.—Sir,—The appraisers at 17, Old Steyne, Brighton, have disagreed, and chosen yourself as umpire. I have, therefore, forwarded the inventory at their request by a messenger to you. You will be kind enough to pay him his expenses, and charge it in your account. If you cannot undertake to do it be so kind as to send word or a note by bearer, and also send the inven-
tory back; but if you can, send word when you will be down, and I will meet you. It was agreed between Mr. Lee and Mr. Watney that the furniture was not to exceed 700l., but that is left to you. "Signed, "Edward Wigney, solicitor to the estate. ") I told the prisoner Mr. Bullock had gone for the evening, but it should be attended to in the morning—I paid him 10s., and he signed this receipt in my presence (read: "26th Feb.—Received 10s. Stephen Wall, 5, North-street. ") I paid him the 10s. because it was stated outside the wrapper—it is the usage of appraisers to pay the amount stated outside, to the party bringing the umpirage.
Cross-examined by MR. ROBINSON. Q. It is not an uncommon thing, to bring umpirages? A. No.
JOSEPH BROWN (City policeman, 584). I went to Old Steyne, Brighton, but could find no No. 17, nor any auctioneer named Ridley—the numbers went from No. 16 to No. 18—I did find a person named Ridley, but not James Ridley—I could find no such person as William Henry Lee, and could get no information respecting the valuation—I could not find that any valuation was going on at Brighton—I found two Mr. Wigneys, but neither of them are related, and no Edward Wigney—there is no No. 11, Colonnade, Brighton; the numbers go from 10 to 13—I was at Brighton from half-past 8 o'clock in the morning till half-past 7 o'clock in the evening.
(Letter read, addressed—"Mr. Bullock, umpirage, pay bearer 10s."—"17, Old Steyne, Brighton. Sir,—As umpire, you are requested to value the furniture contained in the enclosed inventory, and let the award, together with your charges, be left on the premises by 12 o'clock on Tuesday morning, 1st March. Yours, &c, JAMES RIDLEY and WILLIAM PRIEST"—The title of the inventory enclosed was as follows: "Inventory of china, glass, &c, the property of W. H. Lee, Esq., 17, Old Steyne, Brighton, Sussex, sold by appraisement to Stephen Watney, Esq. ")
JOHN JAMES CLOSS . I am an auctioneer, of 13, Clement's lane, City. The firm is Samuel Closs and Son, but my father takes no part in the business now—on 26th March the prisoner called at my office—I had not known him before—he gave me this parcel and letter (produced)—I opened it, and read it in his presence—(read: "Mr. Closs, senior, Croydon. Sir,—The appraisers, in their valuation, have disagreed, and you will much oblige us by taking the valuation to-morrow, Saturday; it is rather a heavy valuation. "Signed, R. PENFOLD, solicitor to the estate)—I said, as it was addressed to my father, perhaps the parties would not be satisfied with my valuation, and declined giving him the money, which was 7s. 6d.—he said he had come up from Croydon, and bad no means of returning—considering that he might be in a very awkward situation, I asked him how much the fare to Croydon was; he said 1s., and I knowing that that was the right fare, advanced him 1s., and he promised to return to Croydon and ascertain if they would be satisfied with my valuation—he said he would return at half-past 1 o'clock—I feared that it might be fictitious, and sent my clerk down to Croydon—he is not here.
Cross-examined. Q. Did he come to you again at half-past 1 o'clock? A. Yes; I did not tell him I was going to send my clerk to Croydon.
GUILTY . Aged 53.— Confined Twelve Months.
EDWARD WIGLEY (policeman, H 141). On 15th April, about half-past 11 o'clock in the morning, I was in plain clothes, concealed in a house with another constable, and saw the prisoners together on Tower-hill—I watched
them, and saw Garrett follow a gentleman who was walking towards the City—Green was walking as close as he could behind Garrett—Garrett took something red out of the gentleman's pocket—we went out, and I got up to the prisoners before they noticed me—Garrett got a little way from me, and laughed at me—Dunnoway took him, and I took Green, and told him he was charged with being concerned with others in picking a gentleman's pocket; he said he knew nothing about it—I have seen the prisoners before—I could not find the gentleman.
PORTER WILLIAM DUNNOWAY (policeman, H 129). I was on Tower-hill with Wigley, and saw the prisoners, together with another person, following a gentleman—Garrett put his hand in the gentleman's coat pocket and took something out—I went out and ran towards Rosemary-lane, thinking to meet them that way; when I came back, Wigley had Green in custody—I saw Garrett standing about twenty yards off, and said, "I want you"—he said, "What for?"—I said, "For being concerned in picking a gentleman's pocket"—he endeavoured to put his hand into his breast pocket, and resisted very violently—I found this silk handkerchief (produced) in his breast pocket—ho said at the station that he bought it in Petticoat-lane—I also found on him another handkerchief, an old cotton one.
Green's Defence. I was about twenty yards away; I nave? saw Garrett before.
Garrett's Defence. It is my handkerchief; the policeman has taken a false oath.
Green was further charged with, hawing been before convicted.
GEORGE SCOTT . I produce a certificate (read: Central Criminal Court. David Rogers, convicted, September 1849, of stealing a handkerchief from the, person. Confined Six Months)—I was present—Green is the person.
GREEN—GUILTY, Aged 18.—. Transported for Seven Years.
GARRETT—GUILTY, Aged 20.— Confined Six Months.
MR. BODKIN conducted the Prosecution.
SUSAN MILO . The prisoner is my husband's niece. I am in the employ of Taddy and Co., tobacco manufacturers, of the Minories—the prisoner has, been employed there nearly seventeen years, to the best of my recollection,—her time to come was 11 o'clock in the morning—on Tuesday, 26th April, she came rather earlier than usual—I was sitting at my employ, and noticed that she was looking at me—she went into her place, turned her back, and stooped down; when she got up she saw me, and she broke up a few siftings of tobacco and put them in a bag—that occasioned my suspicion, and I kept my eye on her, where she sat—between 12 and 1 o'clock she went down into the cellar to cook her dinner, and I went to her place, lifted up a bag, and saw this bundle there (produced)—it is in a handkerchief, and is full of tobacco—she came back from cooking her dinner just before 1 o'clock, and I said to her, "You good-for-nothing hussey, what are you going to do with this?" and showed her the bundle—she said nothing, and I thought it was my duty to go to my employers and acquaint them of it—I told Mr. Townsend, and then fetched her Into the counting-house, and the bundle—she was asked if that handkerchief was hers, and she said. "Yes"—she was asked what aha was going to do with it, and she said she was going to take it down to some man, mentioning his name—then she was asked when she was there last, and the said "Last night" (an officer was there)—I told her she had better tell the truth—I think that was when she acknowledged the handkerchief—nobody
else said so to her, and nobody authorized me to say so to her—I said it openly before the gentlemen.
Cross-examined by MR. PAYNE. Q. Recollect yourself; will you venture to swear she said anything at all before you told her she had better tell the truth? A. Yes; I do not owe her any money, nor does my daughter that I know of—my daughter is employed on the same premises; there are five of the family there—my family and the prisoner are always quarrelling, but I never quarrel with her.
Q. Do not you know that your daughter owed her 26s., and that she asked for the money, and threatened to summon her if she did not pay, and that that was the cause of a quarrel? A. It is false; the prisoner is married and has children—I do not know whether she is in the family way now; I do not inquire—she has three children, as far as I know—I do not know whether her husband is in a very bad state of health; I have not seen him for eight or nine years, nor any of the family but her—I have worked with her several years, we never were very friendly—she was quite a child when she went there—she did not look at me before she stooped down—there was nothing in front of her, only bins; they do not come up in front of a person, or else I should not have had power to see—I sat cross ways—I did not go and look what was there while she was at her seat, but waited till she bad gone—I left the handkerchief and tobacco in the same place till she came up.
MR. BODKIN. Q. Have you ever had any quarrel with her in your life? A. Never, to have a serious quarrel; we have had a few words about the work—I have been very little intimate with her family, and of late years not at all—I have no ill-feeling towards her—I am forewoman, and it was my duty to do it.
CHARLES BARRY . I am in the employ of Taddy and Co.; there is a partner named Alexander Hatfield, and there are two others. Their tobacco works are of great extent—tobacco to a considerable amount could be taken without being missed—I have been there sixteen years—they make cigars and snuff, and work up some tons of tobacco in a week—Mrs. Milo was forewoman, it was her duty to overlook the other women, and superintend the work, but not to search—she has been employed there I believe nineteen years—here is a sample of the tobacco which was given to the prisoner to work; it has been liquored, and corresponds with that in the bundle.
Cross-examined by MR. PAYNE. Q. What is liquoring tobacco? A. Watering it; this tobacco is worth 3s. 6d. or 4s. a lb.; it weighed 8lbs. when first given to me—the forewoman is not the police of the establishment, she superintended the work.
MR. BODKIN. Q. If she saw anybody robbing her master, was it her duty to apprize her master of it? A. I should say so—it is my duty to attend to the liquoring of tobacco; unless it is sprinkled it cannot be stripped clean.
NOT GUILTY .
MR. BODKIN conducted the Prosecution.
SUSAN MILO . On 28th April, when the prisoner came, I saw her stooping down, and afterwards found the tobacco in her handkerchief; she was afterwards called into the counting-house—the tobacco was put on a chair—she was asked if that was her handkerchief, and she said, "Yes"—I asked her what she was going to do with it, and she said she was going to take it out to some man—I do not know whether she mentioned the name of Smith—I think it
was then that I told her she had better speak the truth—(The COURT considered that what the prisoner said after being told to speak the truth ought not to be given in evidence).
Cross-examined by MR. PAYNE. Q. Did an officer come? A. Yes; he was in private clothes.
CORNELIUS FOAY (police-sergeant). I was sent for to Messrs. Taddy's, and found two or three gentlemen in the counting house, and the female prisoner and this bundle—some questions were asked of the female prisoner, and she said the handkerchief belonged to her—Mrs. Milo told her she had better tell the truth, but before that she said she was going to take the tobacco to Mr. Smith in the Back-road—Mrs. Milo had no authority from any one to say that she had better tell the truth; three clerks were present, but neither of the prosecutors—(MR. PAYNE objected that Mrs. Milo was a person in authority, and that therefore any subsequent statement of the prisoner could not be received. The COURT was of opinion that Mrs. Milo was a person in authority, having a control over the prisoner, and also that other persons in authority were present, and therefore excluded the statement)—the prisoner made a statement about tobacco, in consequence of which I went about 3 o'clock in the afternoon to No. 37, Bench-street, St. George's in the East, where the prisoner Smith lived—it is about half a mile from Messrs. Taddy's—I found him in the passage, and said, "Smith, you know me," (I was in plain clothes)—he said, "No;" I said, "I am a police-sergeant, of this division, I want to speak to you, come up stairs"—I went up stairs, and said, "Is this your bedroom?" he said, "Yes;" it was the first floor front—the key was in the lock, and I unlocked the door—we both went into the room, and I looked round and saw a bag containing 33lbs. of leaf tobacco, quite damp—I said, "Smith, how do you account for this?" he said, "I know nothing about it"—I said, "You have been receiving tobacco for some time from a woman named Frances, in Messrs. Taddy's employ in the Minories"—he said, "I do not know her"—I said, "You received 10lbs. weight last night of her"—he made no reply to that—I saw some weights and some scales with leaf tobacco on them, which was damp; also some damp tobacco on the floor; some was adhering to the scales—this is it (produced)—I took him into custody; he is not a dealer in tobacco, he keeps a lodging house for sailors.
Prisoner Smith. Q. Can you look at that tobacco, and swear that it is all alike? A. I do not swear to it, it is a very curious thing to swear to—it is not all of one sort—Messrs. Taddy had tobacco of these kinds.
Smith's Defence. I did not receive it at all, the Magistrate said he knew no charge to commit me on, but he would bind me over in my own recognis-ances to appear at the Old Bailey, and I did not know I was included in the indictment till Monday evening, and I have had no time to consult my friends, or to call witnesses to my character: nor did I know what I had to answer till yesterday morning—I do not know the female prisoner—the tobacco in my room was brought there by a foreign sailor.
(The COURT considered that there was no case proved against Francis)
NOT GUILTY .
SMITH— NOT GUILTY .
OLD COURT.—Saturday, May 14th, 1853.
PRESENT—Mr. Justice COLERIDGE; Sir JAMES DUKE, Bart., Ald.; Mr. Ald. FARNCOMB; Mr. Ald. WIRE; and RUSSELL GURNEY, Esq.
Before Mr. Justice Coleridge and the Second Jury,
624. ROBERT POPE was charged upon four indictments with feloniously uttering forged acceptances to bills of exchange for the payments respectively of 972., 25l., 60l., and 100l., with intent to defraud: to all of which he pleaded
GUILTY . Aged 40.— Confined Two Years.
MESSRS. CLARKSON and BAYLEY conducted the Prosecution.
WILLIAM BARKER . I am assistant to Mr. Stocken, a stationer, in the Quadrant, Regent-street. On Saturday evening, 19th March, about a quarter to 6 o'clock, the prisoner came into the shop, and desired to see some purses—I showed him some—he chose one at 18s. 6d., and threw down a 5l. note in payment—I took it up to Mr. Stocken—I suspected it the moment I saw it—I brought it back to the prisoner, put it down, and told him we had not change—he asked me if I could get change—I said, "Yes—I went back to Mr. Stocken, who was at the desk, and then went out on pretence of getting change—I went to the police court, in Vine-street, and saw inspector Monkton—he came back with me to the shop—at the time the prisoner gave me the note I noticed the name of "C. Clifford" in the corner at the back—this is the note (produced)—I noticed the name on it the moment I took it up.
JOSHUA MONKTON (police inspector, C). On 19th March Barker came to me at the station, and I went back with him to Mr. Stocken's shop—I saw the prisoner there—I had the note with me—I showed it to the prisoner, and asked him if it belonged to him—he replied "Yes," and said that he had received it in a bet—I noticed the number of the note at the time, and also the writing upon it—this is the note—I marked it—it is No. 94,650.
HENRY COOK . I am a tobacconist, at No. 9A, Mortimer-street, Cavendish-square. On Saturday, 12th March last, between 8 and 9 o'clock in the evening, the prisoner came to my shop for a box of cigars—I showed him several sorts—he took one, and smoked it, and sat in the shop—he approved of it—the price was one guinea a box—I asked if I should send them—he said "Yes," and wrote his address on this paper (producing it)—it is "34, Surrey-street, Strand"—he asked if I could change him a 5l. note—I said "Yes," and I gave him 3l. 19s. change—before he left the shop I wrote his name and my own initials on the back of the note—this is the note (produced—it is No. 94,650, dated 12th April, 1852—this is what I wrote on it, "J. White" and "H. C.," my initials, and the date, "15th March"—before he left the shop he said, "You must send them down this evening, because I am off by the rail to-morrow morning, at 10 o'clock"—a few minutes afterwards another man came in, and wanted the cigars—I would not let him have them—I sent them by my lad, William Appleton, about 10 o'clock that night, according to the direction the prisoner had given me—the lad returned a little before 11 o'clock with the cigars; he could not find the party.
WILLIAM APPLETON . I am in Mr. Cook's service. On the night of 12th March I went with a box of cigars to No. 34, Surrey-street, Strand—I inquired for Mr. James White—I could find no such person—I went a little higher up, to a greengrocer's, and then, in consequence of directions, I inquired next door. No. 34—I could find no Mr. White there—I this returned home with the cigars.
Prisoner. I beg to state that I did lire at No. 34; did 700 see the servant there? Witness. I do not know whether it was a servant, I saw a lady in a black dress.
JAMES M'CARTHY . I am assistant to Mrs. Baun, a bootmaker of No. 27, New Bond-street. On Monday morning, 14th March, the prisoner drove up in a Hansom cab, between 12 and 1 o'clock—he came into the shop, and asked for a pair of shooting boots—I served him with a pair—he tried them on, and kept them on, and left his old ones—he told mo to take them to his lodgings, and a bottle of waterproof varnish as well—he gave me a 5l. note in payment—I went into the counting house to make out the bill—I asked the prisoner for his name and address—he gave mo the name of Charles Clifford, Esq., No. 43, Essex-street, Strand—I did not write down the address—I did not take down the number of the note; I gave him three sovereigns and 4s. change—I looked at the note, and saw the name of "John Wilson" written on the back of it—this is the note (produced)—it is No. 94,659, dated 12th April, 1852—a few days afterwards I gave the note to Lovett, our porter—I had, in the meantime, kept it in a desk in the counting house—I had looked at it several times—on the Wednesday night, when I found it was a forgery, I went to No. 43, Essex-street, Strand—I could find no such person as Charles Clifford there—I took the note to the Bank of England, and it was returned stamped "Forged."
Prisoner. Q. Did you ever tee me before I entered your shop on that day? A. Not to my knowledge—I did not askyouif you would have a pair of boots like the last pair you had of us—I asked if yen were a customer there before, you said you had only had one pair before at oar shop—we worked for a party of the name of Clifford, that was why I asked you.
COURT. Q. How long was he in the shop? A. About twenty minutes or half an hoar to the best of my opinion—there was no other customer there at the time—a niece of Mrs. Baun's was in the shop—I am certain the prisoner is the person.
JOHN LOVETT . I am a porter, in the service of Mrs. Baun. In March last Mrs. Baun's nephew gave me a 5l. note to get changed—I did not take any notice of it; I merely took it in my hand, and ran over to get change.
JAMES M'CARTHY , re-examined. I saw the note handed to Lovett—nobody went with the waterproof varnish and the old boots—when I found out the note was bad, and I could not find out the address, I knew I was done.
GEORGE DEWER . I am a baker, living in Bond-street. In March last, Lovett brought me a 5l. note from Mrs. Baun's—I wrote her name on it—this is it—I gave Lovett change, but followed him out immediately, and took it back.
BENJAMIN DREW . I am In partnership with my brother, as hosiers, at 31, Piccadilly. On Wednesday evening, 16th March, between 5 and 6 o'clock in the evening, the prisoner came to my shop, and wished to see some dressing or morning jackets—I think I had served him on a former occasion—he did not choose any—he gave his name and address, Charles Watson, 12, Abbey-place, St. John's Wood, where I was to send some for him to look at on the
following morning—he wrote down the name in my order book in pencil, and I afterwards inked it over—here it is (producing the book)—before he left the shop he said he wanted some once-round scarfs—he selected two—they came to 10s. 6d. each—he gave me a 5l. note to change, and I gave him 3l. 19s.—I put the note in my till that night—there were no other notes there—about middle day on Thursday I sent it to be changed by my boy, and then found it was a forgery—I should know the note again—this (produced) is it—I can swear to it by this tear at the corner more than anything else—it is No. 66045, dated 12th April, 1852—when my boy brought it back to me I wrote on it, "C. Watson, Esq., 12, Abbey-place, St. John's Wood"—before I sent the note to be changed I went to 12, Abbey-place, and found no such person there.
COURT. Q. You did not mark the note before sending it out to be changed? A. No; I had not received any other 5l. note in the course of the morning—that was the only 5l. note in the till—I am quite certain the prisoner is the person that passed the note—he was about a quarter of an hour in the shop—he was dressed very similar to what he is now, except having a little Poncho cape over his shoulder.
JOHN PRICE . I am in the service of Messrs. Drew. On the evening of 17th March I took a parcel to 12, Abbey-place, St. John's Wood—I inquired for Mr. Watson—I could find no such person—afterwards, on that same day, my master gave me a 5l. note to get changed—I took it to Mr. Blockley's wine cellars, in Duke-street—in consequence of what I learnt there I returned with the man and the note—I gave back to my master the same note I had from him to get changed.
COURT. Q. Had you more than one 5l. note in your possession that morning? A. No.
WILLIAM BROADBELT . I am assistant to Messrs. Sangster, umbrella makers, of 140, Regent-street. On Wednesday, 16th March, near 4 o'clock in the afternoon, the prisoner came there, and asked to be shown some umbrellas—I showed him some—he selected one at 22s.—he asked if I could change a 10l. note—I told him I would get it—he gave me this note (produced)—I asked him to put his name to it, and he wrote "Charles Hum-phry" in my presence—I went next door to get it changed—I returned and gave the change to the prisoner, and he left—I locked the note up in the till—there was no other 10l. note there—next day I paid it into the Union Bank, Messrs. Sangster's bankers—it was returned to us from them stamped "Forged"—I am quite certain this is the note I received from the prisoner.
COURT. Q. Had you ever seen him before? A. Not to my recollection; I am quite certain he is the person—he was in the shop about ten minutes or a quarter of an hour—I was serving him.
WILLIAM WTBIRD . I am an inspector of notes at the Bank of England. This note with "C. Clifford" in the corner is a forgery in every respect—the paper is not genuine, the signature is a forgery—the No. is 94650—the other 5l. note is also a forgery; it bears the same number as the other—in my judgment they are from the same plate, the two are identical—the dates and signatures are alike—there is an attempt to represent the water mark—this third 5l. note is No. 94659—that purports to be signed by a cashier named Bark; it is a forgery in every respect—I believe the number is printed—we fill in the number after the note is engraved—this fourth 5l. note is also a forgery in all respects, that is No. 66045—this 10l. note is also a forgery, in the same respects as the others—it is No. 65650—it is not the practice of the Bank to issue two notes of the same amount, number, and date.
Prisoner. I have nothing to say.
GUILTY . Aged 19.— Transported for Fifteen Years.
MESSRS. CLARK SON and BODKIN conducted the Prosecution.
LINDSAY HOLLAND BUTLER . I am the son of the Hon. Mr. Butler, of Colton House, near Rugby. On 30th March I had occasion to remit 11s. to a Mr. Howse, in London—I wrote a letter, and enclosed it in an envelope with a half sovereign and shilling—this is the letter and envelope (produced), it is an adhesive envelope—I addressed it to "Mr. Henry Howse, No. 11, Beaufort-buildings, Strand;" and gave it to Stokes the butler to stamp and post it.
RICHARD STOKES . I am butler to the Hon. Mr. Butler. On 30th March I received a letter from my young master—I should say this is it, from the look of it—I remember the direction—I also received from him two other letters—I put two stamps on this letter, and one on each of the others—he gave me 6d. to pay for them—I put the letters in a bag—the postman calls for it every day, except Sunday, at 6 o'clock—I locked the bag up, and gave it to the postman—a key of the bag is also kept at the post office at Rugby—I felt there was money in the letter when I put the stamps on.
SAMUEL TURRELL . I am the post messenger at Rugby. I remember calling at Mr. Butler's on the evening of 30th March—I received the letter-bag locked—I carried it to the Rugby post-office—I there unlocked it with the key that is kept there, and placed the letters along with the others in the office.
THOMAS GILBERT . I am a clerk in the post-office at Rugby. I made up the mail bag for London on the night of 30th March—this envelope has the stamp of our office of that day on it—I forwarded all the letters in due course by the mail bag to London.
COURT. Q. Who puts the stamps on? A. The postmaster, or his son; that is before it is put into the mail bag.
WALTER NEWMAN . I am a clerk in the General Post-Office. St. Martin's-le-Grand. I opened the Rugby bag which arrived at the General Post-Office on 31st March—it arrived apparently safe, and in its usual state—this envelope bears the stamp of my table, at which it was opened, of 31st March—it should have been delivered the same morning.
Cross-examined by Mr. PARRY. Q. Do you mean that it bears the stamp of your department? A. Yes; all the letters from Rugby passed through my hands.
COURT. Q. Does it bear a stamp peculiar to the day? A. It bears the stamp of the table—the tables are alphabetically numbered—it bears the table stamp of that morning.
DAVID COLEMAN . I am a letter carrier, in the General Post-Office, in the Strand district—I assisted the prisoner—on the morning of 31st March, I was on duty with him—this letter, addressed to Mr. House, should have been delivered by me—if it came into the prisoner's possession it would have been his duty to have given it to me to deliver—he did not do so that I am aware of—I delivered accurately all that he did give me—I delivered some at this very house, 11, Beaufort-buildings—all the letters for that district would pass through the prisoner's hand—he receives them first, and then gives me what I have to deliver—I am sure I delivered all he gave me.
COURT. Q. Where does he hand you jour portion? A. In Surrey-street; I meet him there—I did so that morning.
Cross-examined, Q. Are the letters that are handed over by him toyouseparated from his own lot at the post-office, or has he to separate them? A. He has to separate them himself—I do not know that any mistakes have occurred in separating letters—I cannot tell how many letters on an average I have to deliver of a morning—it is nearer 500 than five—I never delivered on the prisoner's ground, and cannot tell about how many be would have to deliver—I do not know whether it is as extensive as mine—he used to separate the letters at the General Post-Office—he was a general postman, I was the assistant.
MATTHEW PEAK . I am a constable at the Post-office. On 5th April, I took the prisoner into custody there—I searched him, and found the covers of two letters in his pockets—I told him that I was directed to go and search his house, and asked where he lived—he said, "No. 40, Westmoreland-buildings, City-road"—he did not say in what part of the house—in consequence of what he told me, I looked at the top of a clock case there and found a key, with which I unlocked a drawer, in that same room; I there found this envelope and letter—it was broken open in the same state it is now—there was no money in it—I returned to the prisoner, and asked him where he got it from—he said he could not tell; he could not give any account of it.
Cross-examined. Q. You say they were his lodgings, did he tell you so? A. He told me to go to 40, Westmoreland-buildings, and I did so—I asked him for his address—the landlady took me up into his room—he only occupied one room, a bed room—I did not see any one there—I do not know that another young man belonging to the Post-office lodged with him—I have heard so—he is here.
MR. CLARKSON. Q. You say it was in consequence of what he said to you that you examined the top of the clock case, and found the key? A. Yes; I told him I was going to search his place, and if there was anything locked it would be my duty to break it open to see what was inside—he said there was the drawer, and I should find the key in it—I said, "Well, if I do not, I must break it open"—he then said, "If it is not there you will find it at the top of the clock"—Hone is the person that lodged with him.
HENRY FRANCIS HONE . I am a General Post letter carrier—I lodged in the same house as the prisoner, but I left the Saturday previous to Peak coming there—the prisoner occupied the left-hand room as you go up—no one else occupied that room of late—I have known him occupying that room alone for about twelve months—another young man named Michael Foy, who was also employed in the Post-office, lodged in the house—we both occupied the room on the right hand.
Cross-examined. Q. Were you in the same department of the Post-office as the prisoner? A. Yes; and Foy also—while we lodged together we associated with each other, and were very friendly—my delivery is in Wilson-street, Finsbury—my bed room and the prisoner's did not open with one key—we never kept our's locked—there were other lodgers—Foy and I occupied the same room—it was the room facing the prisoner's—there was a landing place between.
MR. BODKIN. Q. Look at that letter; did you ever see that before it was in the officer's hands? A. No, I did not.
MICHAEL FOY . I lodged at 40, Westmoreland-place at the tame time at the prisoner—I and Hone occupied the tame room—the prisoner's room was opposite ours—I know nothing of this letter, I have never seen it before to my knowledge—I am a letter-carrier—my delivery it now in the Strand, near Temple-bar—I changed my district the day the prisoner was apprehended—before that I was in New Oxford-street.
WALTER NEWMAN re-examined. The letters pass from the clerk of the table to the stamper, and from him to the sorter, and from the sorter to the letter carrier—I know that this letter passed through my hands, by the stamp—I open the mail-bag, and take all the letters out.
GUILTY . Aged 28.— Transported for Ten Years ,
There was another indictment against the prisoner.
MESSRS. BODKIN and HUDDLESTONE conducted the Prosecution.
WILLIAM MC KEWAN , I am the assistant manager of the London and County Bank, in Lombard-street—the prisoner bas been in the employment of the bank for about four months—bit salary was paid monthly—no alteration has taken place in the payment of it—the last payment I made to him before this transaction was on 31st March—on 14th April last Messrs. White, tobacconists, of Shoreditch, paid a turn of money into the bank—I did not receive it; but I made the first entry of it—I have the book in which I made it (referring to it)—it was 12191. 1s. 6d., of which 94l. was in money, and the remainder in notes and checks—when notes and checks are received from a customer they are folded up and passed into a box, called the waste box, or cash box—there are clerks whose duty it is to keep waste books, to take the particulars of those notes and checks respectively, and enter them in the waste books—the prisoner kept one pf those waste books—I folded up the notes and checks received from Mr. White, and put them into the box—this is the waste book which the prisoner kept (producing it)—I find here an entry in hit handwriting of the notes and checks received—among the notes there it an entry of one 10l. Bank of England note, No. 21,125, dated 10th Jan., 1853—that entry must have been made from the note itself—it is our practice to make up our balances every night—on the night of 14th April I am informed there was 10l. short; I was not present—on 23rd April the prisoner was charged with stealing the note—he denied it—I asked him what time he left for dinner on 14th April—I think he said between I and 2—the ordinary time allowed for dinner is under an hour—he said the entry that I have referred to in the waste book, must have been made soon after 12, or about 12—after making the entry he would pass the notes and checks into another box which stands before him, and then they would either go into the till, or be paid into the Bank at night; generally speaking, 10l. and 5l. notes go to the Bank of England—they are not often paid away, unless they are new notes—after the prisoner had been charged with stealing the note, he said that it came from Messrs. White—that is the note that had been missed—I see the name of "James Duke, 19, Ebury-street, Pimlico," on this note—I have seen the prisoner write—I believe that to be in his handwriting.
Cross-examined by MR. PARRY. Q. Let me look at the entry in the waste book, which you say is in the prisoner's writing; is this it, "J. White?"A. "H. and J. White;" all these entries are his for several pages, hack wards and forwards—there are four or five clerks in the department where the waste book is kept—the waste box is not kept locked; any clerk that happens to
sit at the desk, or who may hare occasion to pass it, could have access to it—there are other clerks who keep waste books besides the prisoner—the produce of their books all goes into the waste box, they all mingle together—the cashiers can draw notes out of the box if they wish, and they do occasionally; they do not often have occasion to do it—there are six or seven cashiers—the prisoner was a collecting clerk—he was introduced by Mr. Brady, the member of Parliament—we should not have taken him without a high character; I am not aware what sort of character Mr. Brady gave him—I understand he originally came from Ireland—I do not know what the amount of his collection may have been, I should not have hesitated to allow him to collect large sums—I cannot charge my memory that he has collected 5000l. or 6,000l. a day, he may have collected 2,000l., or 3,000l., or he may have had 5,000l. or 6. 000l.; I have had no occasion to refer—his collection was on the Southwark side, which does not include many bankers, therefore it would not probably be very large—when I first charged him with this, I told him that the note had been changed at the Bank between 3 and 4 o'clock; I was told so, not by the person who changed it—the prisoner's ordinary time for going to dinner was from 1 to 2 o'clock—I do not state that of my own knowledge—I do not of my own knowledge know what was his ordinary time of going to dinner, I have been informed by others—my duty is a general superintendence of the whole establishment—there are fifty-one clerks—all those clerks would not have occasion to go to the part of the bank where the waste box is kept, but not being a closed box, they could go to it—they would have access to it undoubtedly—perhaps half a dozen persons would have access to it in the course of their duty during the day; it might be ten or twelve—I have seen the prisoner write many times before 14th April—I have seen the entries in this book since this charge was made—I have compared the note with the entries—I have not compared the note with the handwriting in the book since the charge was made; I did before it was made—I had no doubt about the handwriting; I never bad any doubt.
Q. Was that the reason you compared it with the entries? A. I was struck with the similarity between them—not the first time I saw it; the first time I saw it I merely recognized the handwriting as that of some one whom I knew—my suspicions did not light on any other person first—I swear that—I did not compare it with the handwriting of any one but the prisoner—I did not order any one else to do so—I did not look at any other clerk's handwriting—I first looked at the prisoner's handwriting, for the purpose of comparing the note with it, when we had a notice from the Bank—I did not see the note on the 14th—I think not until the Wednesday or Thursday before the Saturday on which the prisoner was charged—I then compared it with handwriting of his—I think I compared it altogether three times; I cannot tell you for how long I was comparing it each time—I was comparing it then as a confirmation of my own views—the first time I was not half a minute comparing it—I cannot tell how long I was the second time, it might be two or three minutes; and the third time two or three minutes—I did not compare it six or seven times, it was two or three times; I am not speaking by the card—one clerk was comparing it with me; his name is Gray; that was only upon one occasion—I think that was upon the second occasion—the first time I compared it was the word "Pimlico," with the Pimlico which we have in his address—that was immediately I had the note I cannot charge my memory whether it was on the Wednesday or Thursday—I cannot say on what day I last compared it—Mr. Mullens, the solicitor, was with me on one occasion; he had the note, and 1 had the book; he was struck with the-great
similarity—I think that was at the time the prisoner was charged with it—I believe I was the only person examined about the handwriting before the Magistrate—I do not remember whether there was another clerk there or not—since then I have been asked whether any other clerk knew his handwriting—I have not been told that it was necessary to bring further evidence as to the handwriting; I swear that—I was asked if I knew any other clerk that could speak to his handwriting, as it would be desirable to have the evidence strengthened—there are two other clerks here to-day to speak to it—one of those certainly was not examined before the Magistrate; I cannot charge my memory whether the other was or not—Mr. Gray is not here—he is not in the department where the prisoner was, quite apart from it; it was mere matter of curiosity with him—he does not profess to know his writing.
Q. With reference to this 219l. 1s. 6d., would you yourself, after it had been received from the Messrs. White, have to make the entry about it, or do anything with it? A. I happened on that morning to have entered it in the cashiers' receiving book—there was pressure of business at the counter, and I was down there, and happened to make the first entry of it—it had not at that time passed through the prisoner's hands—after I made the entry it would pass to the cash book keeper, who would then pass it on to the waste box, from which the prisoner would take it and enter it, the cash book keeper takes the amount only—after the prisoner enters it, it ii put into another box, an open tin box sometimes; they are only put in, sometimes, a weight is put upon them—the waste book is not made up in any way at the end of the day; it is called over by clerk with the cashier, but the posting is from the cash book.
MR. BODKIN. Q., When these bundles of notes or checks are put in the waste box, how does the clerk (the prisoner for instance, in this case) know to whose account they are to be credited? A. Because the original ticket, or particulars stated, remains upon them—there is particular ticket with each parcel, that states the name of the customer, and sometimes it states the separate amounts of the checks and notes—for the number and date of the note, the party must look to the note itself, it may be that the notes received from the customers and put into the waste box are taken out again for the general purposes of the bank, when required; that is after they are entered; they are never used till after they are entered in the waste book—when they are entered they are placed in tin box, at least they ought to be; that is separate box from the waste box—notes are not taken from the waste box for the general use of the bunk, but from the box in which they are placed after they have been entered—I at first heard that this note had been presented at the bank between 3 and 4 o'clock, I afterwards heard that that was mistake—when I told the prisoner that I had heard the note was presented at the bank between 3 and 4 o'clock, he said he had not been out the whole of the afternoon; he repeated that several times—I ascertained that he had been out between 3 and 4 o'clock; I told him so, and produced the book to show him—he said he thought I referred to the morning collection—I understood that his usual hour for dinner was from 1 to 2 o'clock; that was left for mutual arrangement among the clerks themselves—I think I first saw this 10l. note on the Wednesday before the Saturday on which the prisoner was given into custody—I communicated with Mr. Mullens immediately we received the notice from the bank I think, or on Monday morning—the note was changed at the bank on Thursday, we stopped it on Friday morning, but we got no information from the hank of its having been
changed there till the Saturday afternoon—Mr. Mullens obtained the note from the Bank of England, I do not know when, he bad the particulars given him on Monday—I know there was delay of one or two days.
MR. PARRY. Q. Did not you pay the prisoner sum of 5l. on 31st March? A. I did; I cannot recollect whether I paid him 7l. 5s. in Feb., he received his salary on the last day of the month—I should think on 28th Feb. it would be about 7l. 12s. 10d., it was for the month of Feb. and part of Jan.
FREDERICK CRUSE . I am clerk in the Issue Department, in the Bank of England. On Thursday, 14th April, I changed this note for gold—it is our practice to require persons bringing notes, to put their name and address upon it—the name and address here is, "James Duke, No. 19, Ebury-street, Pimlico"—I should say it was changed between half past 1 and 2 o'clock in the day—I cannot at all recollect who brought it—I do not remember whether it was man.
Cross-examined. Q. You do not at all recollect who changed it? A. No; whether it was man or woman—I do not recollect whether the name and address was written at the Bank, or whether it came to me with it written on—I am quite sure as to the time at which it was brought—I had particular appointment at 2 o'clock, and this was paid in before that; it was among the last of my transactions, so that I am quite sure it was between half-past 1 and 2 o'clock—I left at 2 o'clock.
COURT. Q. Do I understand you, that if person brings note with name and address upon it, you ask no more? A. No; we merely require name and address upon the note, and as long as we have that we are satisfied, and do not say, "I will trouble you to write your name and address. "
MR. BODKIN. Q. Although the person is not required to write the name and address at the Bank, is he asked if that is his name and address? A. The note is passed on to us, we call the name out, and whoever answers to the name and address we pay—I have an entry of the name to whom I paid it—it is "Duke."
PATRICK O'DONNELL . I am clerk in the London and County Bank, and have been so three years—the prisoner has been employed there about three months—I remember on 14th April, the balance being wrong 10l.—I was at the bank all that day—I sat at the same desk with the prisoner—his general habit was to leave for his dinner at 1 o'clock, or little after, and to return some time after 2 o'clock; he varied much more in the hour of returning than in the time of leaving—I have known him sometimes as late as half past 2 o'clock—his time for going was very regular while he was in that department—he was employed in that department on 14th April—it is called the Waste Book department—entering credits—I cannot fix the particular time at which he went to his dinner that day, but if he had departed from his usual habit to any extent, I should have observed it—I did not go to dinner myself at all that day, until after bank hours—I believe the prisoner went little after 1 o'clock—he was expected to go at 1 o'clock—we were detained till nearly half past 11 o'clock that night, endeavouring to trace the deficiency—we at last discovered that 10l. note was missing, and next day we discovered the number and date of the missing note—I had conversation with the prisoner about it—I believed that the note had been mislaid—the Waste Book keeper was frequently in the habit of passing notes in halves, not joined, to another desk where they are joined by others, and where it is much more likely they would be mislaid, or get into book—I asked the prisoner whether it was likely he had passed the note behind to
be joined? he answered, that he had perfect recollection that he had passed no notes behind to be joined, received from town customers at that time of day—White and Co. would be town customers—I have seen the prisoner write—I believe this, "Duke, Ebury-street, Pimlico," on this note, to be his writing.
Cross-examined. Q. I think you were not before the Magistrates? A. No; I was on leave at the time—the clerks arranged pretty much among themselves as to the hour at which they should go to dinner, but they go at fixed hour—an hour is generally allowed them—if they go at 1 o'clock they ought to be back at 2 o'clock—if they are not, sometimes notice is not taken of it, it is left to their own discretion—it need not be from 1 o'clock to 2 o'clock; it may be from half-past 2 o'clock to half past 3 o'clock, or when their duty permits them—the prisoner had a certain duty to discharge at exactly few minutes before 1 o'clock—he would be expected to return about 2 o'clock—I remember that he did not return immediately within the hour—he was in the habit of stopping more than the hour—I was not at any time in the County department that day, except to pass through it—I was not occupied there—I always endeavour in my department to note the time the young men go and return, or should be expected to return—I was first asked about—the time at which the prisoner went to dinner that day, after my return on leave—I do not recollect the day.
Q. Did you when you returned compare this note with the handwriting of the prisoner in the book? A. I saw his handwriting in the book afterwards; that might be for the purpose of strengthening my opinion with regard to the writing, but I had no doubt of the handwriting when I saw it—I did not wish to see it to strengthen my opinion, but it was shown to me by Mr. McKewan—he did not in words ask me to compare it—he produced the book for the purpose of doing so—he did not do so more than once—I compared it with him—I do not recollect that I did it with any one else—I check this waste book with the cash book keeper, at about quarter to 1 o'clock in the day, after which the prisoner was expected to go to dinner—that was at 1 o'clock—one young man would be allowed to exchange hit dinner hour with another, but I should be aware of it in that department.
MR. BODKIN. Q. Looking at the entries in the book, can you at all judge of the time when the checking took place, on 14th April, or whether the 219l. was paid in before that time? A. No; I could not say positively—there is no mark made in the waste book of the time, when it is compared with the cash book—it was almost invariably the case that the waste book was checked with the cash book at quarter to 1 o'clock, and after that the prisoner went to dinner, because the cash book must be delivered up at 1 o'clock—he posts it then—the cash book is posted oftener than twice day.
Cross-examined. Q. Are you clerk in this department? A. I was in the same department as the prisoner—I was first called upon to speak to his handwriting yesterday afternoon—I have no idea why I was not called on before—Mr. McKewan spoke to me about it then—I was not at the police court for that purpose—Mr. McKewan called me, and asked me if I knew Wood's handwriting? I said, I did—he showed me the note—I said the word "Pimlico" was distinctly his handwriting—he then called my attention to the attendance book, where the prisoner's address is written, and where the word "Pimlico" occurred, and the writing of the two words corresponded
entirely—that was after I stated that I believed this to be his writing—it seemed to me that Mr. McKewan had recognized it before.
COURT. Q. Recognized what? A. The word "Pimlico," in the attendance book, as the prisoner's writing.
MR. HUDDLESTON. Q. Did you recognize this as soon as it was shown to you? A. Yes—Mr. McKewan did not say anything to me to influence my judgment about the handwriting.
COURT. Q. How long had you known the prisoner? A. Only from the time of his coming into the bank—we were employed near to each other, not exactly side by side—I have repeatedly seen him write, almost daily from the time of his entering the bank; it was my duty to call out the moneys from the waste books in the afternoon, and I knew all the clerks' writing engaged on the waste books pretty well.
(Mr. Gray, having been sent for, was put into the box, but not examined on either side.)
MARY ANN BISHOP . I am the wife of Willoughby Bishop, sadler, of No. 15, Upper Ebury-street, Pimlico. The prisoner lodged with me between five and six months—on 14th April he paid me 6l. 11s. 2d.—it had been owing about two months, or rather better—the bill is for 7l. 0s. 2d.—he had paid part—it was for lodging, and things that I bad supplied him with—I had applied to him for money before 14th April—he said the first month that he could not pay, on account of paying 4l. to the bank for security—he afterwards said he expected money up in day or two from the country, and then he would pay me—I named it to him again next month, and said if he would let me have it by quarter-day, that would do—he said he would be sure to let me have it when his own month's money was due—when the two months' came due we named it to him again, and then he said they had put him off; instead of paying him every month, they would pay him every quarter—by "they," he meant the bank—on the last occasion before he paid, he said he expected some money up from the country, and he would pay us on Tuesday—he did not come home to his lodging on Tuesday or Wednesday—he came on Thursday, 14th, between 7 and 8 o'clock in the evening, and then be paid—he paid in sovereigns—I did not notice them particularly; they were rather new.
Cross-examined. Q. Had there been any disputes between you about things being taken from his room for which he should hold you responsible? A. Yes—I said I was not, and I was not responsible for his things in any way—the first complaint he made was about shirt, which the washerwoman had; she had removed down to Chelsea, I did not know where; as to the other things I knew nothing—I know of his receiving remittance from Ireland while he was with me, and I tried to change note for him, but could not—that was when he first came to us.
MR. BODKIN. Q. How long was he with you before he went to the bank? A. I cannot say exactly; it might be a month, or it might be longer or shorter—it was before he went to the bank that I tried to change the note for him.
GEORGE RUSSELL (City policeman). I made inquiries at No. 19, Ebury-street, Pimlico, for person of the name of Duke—I could not find any such person—there was tobacconist at one place who had lived there three years.
GUILTY. Aged 24.—Strongly recommended to mercy by the Jury, on account of the sudden temptation, and the great want in which he appeared to be at the time. — Confined Eighteen Months.
NEW COURT.—Saturday, May 14th, 1853.
PRESENT—Mr. Ald. FARNCOMB; and Mr. RECORDER.
Before Mr. Recorder and the Sixth Jury.
MR. METCALFE conducted the Prosecution.
JAMES ALFRED COOPER . I am grainer, and live in Medway-street, Horseferry-road; on 11th April, about 9 o'clock in the evening, I was coming down on the right hand side of Holborn-hill, the side the church is—I was nearly at the bottom of the hill, walking with Ann Davis—as I was walking along I saw number of persons—I cannot say how many—there was sham fight going on between two men—I believe it to have been a sham fight—the other persons were round them—in going through these people Miss Davis said someone had hold of her dress, near the pocket—I did not stop at all to look at the fight—I was surrounded, and could not get on—I turned round, and there was jerk at silver guard chain which was round my neck, and I missed my own watch directly—I turned round, and saw my watch in the prisoner's hand—I saw portion of it—the ring and the knob were out of his hand—it was very large watch—I do not think a man of his size could grasp it in his hand—I could not do it myself—the prisoner then ran away, and ran up court, and some persons stopped me from going up—he was let up the court, and I was not—when I lost my watch I was trying to get the female out of the crowd—I said, "It is only a lark, take care of your pocket"—when the prisoner entered the court I was almost within arm's length of him, running close behind him—the court was about as far from where I lost my watch as to the corner of this court—I believe the prisoner is the man who took the watch. (MR. PAYNE commenced a cross-examination of this witness; but the prisoner stating that he desired to conduct his own defence, MR. PATNE returned his brief.)
Prisoner. Q. How far was the court from where you were robbed? A. About as far as to this door in the corner—I cannot say how far the court is from Farringdon-street, I am not acquainted enough with the place—when they fetched you to the station to me there was only you and I in private clothes—there were several policemen there—they said, "Come here," and "Come here" to look at you—I was looking at you for minute or more—it was not five minutes—I will swear I was not in the station five minutes—I did not say you was the man—I said, "That is sufficient"—that was to the same effect as saying you was the man—I looked at you enough to be satisfied—I did not tell the Alderman I believed you was the man, 1 said 1 could swear you was the man—the policeman did not say he had the man apprehended—he said he, had man on suspicion of stealing my watch—the officer first asked who I was, and what my business was, and he asked if I had any witnesses—I said no, and I was about to leave the place, and he called me back, and you were then standing at the bar, and I said, "That is sufficient"—I will swear he did not say he had apprehended the prisoner—he did not say anything of the kind to me.
COURT. Q. When did you see the prisoner again? A. I think it was two days after I lost the watch, I saw him at the station house—I was busy at the time, and got in disgrace for being out so long.
right hand side coming down—on the evening this occurred I was in company with a friend of mine, standing at the bottom of the hill—I saw the last witness coming down the hill with a female—he was ten or a dozen yards from me—I saw the prisoner and ten or twelve more in company, standing up against a house, and all on a sudden they got up a sham fight between them, and enclosed the prosecutor and the female in the mob—the fight began just as he got to them, and it ceased in about two minutes—it was very soon over—I heard a female scream, and saw the prisoner run out of the mob into the road—the prosecutor followed him—the prisoner turned up Plumtree-court—the prosecutor stopped there—I afterwards heard he was stopped in going up—I suppose the prosecutor was within three or four yards of the prisoner—I have not the slightest doubt that the prisoner is the person—I was within about half a dozen yards of him—I had a full opportunity of seeing him.
Prisoner. Q. Did you take notice of my dress? A. I took no particular notice of your dress; I know your features, you had a dark jacket or coat on I think—I was standing at the corner of Farringdon-street, at the bottom of the hill—the sham fight was not half a dozen yards from me—I saw you running in the road, and the prosecutor after you—you had a jacket or a coat on—it was about a quarter past 9 o'clock—it was not very light—I was looking at you, I was watching the whole of you—there was a parcel of you—I did not see you take the watch—I saw the prosecutor at the corner, I did not see him stopped—I did not see inside the court, it was too dark—I did not follow you to the court to see if you was the man, there was no necessity for that—there was not a great mob, there was a mob—the pavement was stopped for a few moments, the number of people stopped the passengers—you ran in the road out of the mob—I did not see through a body of people, but I saw you run in the road.
Prisoner. Q. He was on one side the mob, and I ran on the other side; how could he distinguish a man at dark night?.
MR. METCALFE. Q. Was there plenty of light outside the court? A. Yes; I do not know how near the gas is; there was light from a house at the corner.
COURT. Q. Did you know the prisoner before? A. Yes; I have seen him in a dozen different dresses—he is frequently about the neighbourhood.
FREDERICK LUMLEY . I live in Long-lane, Smithfield. I was talking that evening to the last witness on Holborn-hill—I saw the prisoner, he got up a sham fight, and I saw him run out of the mob and run up Plumtree-court—the prosecutor was running after him—I have not the least doubt that the prisoner is the person—I have seen him before—I knew him by sight.
Prisoner. Q. Did you take notice how I was dressed? A. I did not; I saw your face from the gas light at the poulterer's shop—I will swear that—I will swear it was a sham fight, and I will swear to your face—I was at the corner of Farringdon-street—I should say the fight was not two yards from me.
Prisoner. Q. The other man said it was six; you was on one side the mob, and 1 ran out on the other side? A. Yes; 1 did not see you through the mob; I saw you run out of the road—I should say the court is four or five yards from the mob; I would not undertake to say what distance it was—I swear I saw your face from the gas light.
Prisoner. Q. Did not you see me half an hour before you took me? A. Yes; I did not take you then, because I wanted to get further information—
I know part of your former character—when I went to take you, you said you knew nothing about it—you did not tell me where you was at the time of the robbery—you said you knew nothing about it.
Prisoner, Q. You had me in custody about three weeks before this? A. Yes—the woman did not say at the station that you was not the party, she said she could not recognize you—I did not get a boy to swear to you; certainly not.
Prisoner's Defence, The policeman said at Guildhall that they said they had apprehended the man, and that was as much as to tell the prosecutor that I was the man; he said that I resembled the man; I asked him how I was dressed; he said I had a coat on, and the witnesses said I had a jacket; they know my former character to have been bad, and everything is blamed to me that is done about that quarter; they know me to have had twelve months from here in the year 1850, and they blame everything on me; I had got a young man to prove where 1 was on the night of the robbery, Daniel Hayes; I do not know whether he is here now; I was in his place at the time they say this robbery was committed; these witnesses say that they saw me by the light of the poulterer's shop, and it is shut every night at 9 o'clock, if you send for anybody from there they will tell you so.
GUILTY . Aged 20. (The prisoner was also charged with having been before convicted,)
JOHN AYLIFFE (policeman, A 523). I produce a certificate of the prisoner's former conviction—(read—Convicted here July, 1850, of stealing a cash box and money, and confined twelve months)—I was present—the prisoner is the person.
GUILTY.** Aged 20.— Transported for Ten Years ,
THIRD COURT.—Saturday, May 14th, 1853.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald. MOON; and Mr.
Before Mr. Common Serjeant and the Seventh Jury.
MR. GIFFARD conducted the Prosecution,
JOHN WHISKARD . I am assistant to William Williams and Thomas Clap-ham, jewellers, of No. 13 and 14, Strand. On Friday, 22nd April, the male prisoner came to buy a plain gold ring—he asked also to look at some ruby rings, and three trays of gem rings were shown to him on one large tray, containing about 300 rings—he did not purchase any, but wished some to be sent next morning to an hotel in Leicester-square for his wife to see—the rings were sent next morning, and while they were away both the prisoners came in, and wished to see some rings—they purchased a guard ring—I showed them some gem rings, among which were some diamond rings—they examined the trays on the side of the counter for about ten minutes—this ring (produced) has been the property of my employers; it is worth about 102. 10s.—I am able to say I have not sold it--Mr. Clapham and Mr. Williams are the only other persons who have the power to sell; they are not
here—I have not got the books here—everything ought to be marked off in the books when it is sold—I have referred to the books.
Q. Are you able to say whether it has been marked off as sold? (MR. ROBINSON, for the prisoners, objected to this question being put, as the books ought to be present, being the best evidence of their contents. MR. GIFFARD contended that he had a right to put the question, as his object was not to prove any entry contained in the books, but the absence of a mark. The COURT contended that the question could not be put in the absence of the books, and directed them to be sent for)—A. I can swear that I have not sold the ring; it is numbered, and the price is put down in the book—the mark on the ring would not be erased when it was sold—we took stock on 18th Feb., and I recollect it being there then—on 23rd April, the next day, Balchin brought this ring to me; I have no doubt of its being the property of my employers—my own mark is on it—I have been in the employ seven years—I can tell from the fashion of the ring that it has been made about two years—I can tell by the brightness of it that it has not been much in use—the price of the ring the prisoner purchased was 18s.
THOMAS BALCHIN (Citypoliceman, 618). On Saturday, 23rd April, about 1 o'clock in the day, I was in Bishopsgate-street, and saw the female prisoner—she went to the shop of Mr. Baker, a pawnbroker, in Houndsditch, and offered this ring in pledge—from a communication I had with the person there it was refused—she came out, and shortly joined the male prisoner, who was by the shop; they walked on together for a short distance, and then separated; the man went in the direction of Aldgate, and the woman crossed to the opposite side—the male prisoner went to Mr. Baker's other shop, in Aldgate—I went in after him, and saw him offer this ring there—I told the shopman my suspicions, and he gave the ring over to me—I took the male prisoner into custody, and asked him how he accounted for the ring—he said it was his wife's, and he bought it at a shop on the right hand side of the Strand, and that he would take me to the place—this was in Aldgate—Messrs. Williams and Clapham's shop is on the left hand side of the Strand, going from there—I was not satisfied, and took him to the station—I searched him, and found on him a gold watch, which has been identified.
HENRY FINN (City policeman, 633). On Saturday, 23rd April, I was with Balchin, and saw the two prisoners in Aldgate—the male prisoner went into Mr. Baker's shop; Balchin went in after him, and came out with him, and with the ring in his hand—I took the female prisoner, and told her she was charged on suspicion of stealing a ring—she said it was her ring, and she had had it about six months—I took her to the station house, and asked her for what she had got—she gave me a bunch of keys, and a ring from her finger—she gave her address No. 32, Pimlico-pier, but there is no such place—she said it was in a new street, and I found it was No. 32, Pulford-street, Pimlico-pier—I went there, searched the room, and found a quantity of wearing apparel and duplicates, but nothing relating to this charge—I opened the box with the keys the female prisoner gave me—when at the station house the male prisoner threw his coat away and got away—he was recaptured in about three minutes, but his coat has not been found since; it was picked up by somebody.
(After the termination of the evidence, the COURT waited five minutes longer for the books; but they did not arrive.)
NOT GUILTY .
MR. GIFFARD conducted the Prosecution.
THOMAS BALCHIN (City policeman, 618). The evidence of this witness, as given in the last case, was read over to him by the COURT, to which he assented, and stated further: I found this watch (produced) on the male prisoner; he was wearing it.
JOHN WHISKARD . The same course was taken with the evidence of this witness: to which he added: The course of business is, when anything it sold to mark it off in the books; but it is not done at the time—I do it myself; I have the entire charge of the stock—I have now got the book here—my own mark is inside this watch; it belongs to Messrs. Williams and Clapham—I am able to say when we last had it in stock—the entries in this book are in my writing—it was in stock on 6th Aug., 1851, and it may have been there much later—we took stock again in Dec, 1851, and it was then missing, and had been stolen.
NOT GUILTY .
631. SARAH BARGENT , feloniously uttering a forged request for the delivery of 2 bottles of rum, and 1 pint of brandy, with intent to defraud; also, uttering a forged request for the delivery of 2 bottles of gin, 1 bottle of rum, and 4 1/2 pints of brandy, with intent to defraud: to both of which she pleaded
GUILTY . Aged 26.— Confined Three Months.
MR. METCALFE conducted the Prosecution.
HENRY FORBES . I am a foreman of the East India Company, at their warehouses in Crutched Friars. On 31st Jan., at the request of Messrs. Twinings, I forwarded ten boxes of tea, by railway and the Kennett and Avon canal, to Barnstaple—these are my delivery warrants (produced)—they were given to me by the messenger, and were my authority to deliver the boxes of tea, which were in bond—the ten boxes I forwarded were numbered 12467 to 12476—these (produced) are three of them—each cargo of tea has different marks—I am able, by the marks, to say that these are the boxes.
EDWARD DUMBRELL . I am shipping clerk to the Kennett and Avon Canal Company. On 31st Jan. I received, at the wharf of the East India Company, ten boxes of tea—these are three of them—on 2nd Feb. I saw them placed on board the barge Revolution, on the canal at the Thames, which was to go to the Bull's Bridge station of the Great Western Railway—there were two packages of four boxes tied together, and one of three—they made three distinct packages—they had been in the warehouse between 31st Jan. and 2nd Feb.
THOMAS BESSELL . I am a bargeman to the Kennett and Avon Canal Company. On 2nd Feb. I received three packages, containing ten small chests—this produced is very much like one of them—they were directed to Farley Brothers—on 4th Feb., between 3 and 4 o'clock, I arrived at Bull's Bridge with the barge, and delivered them safely on to the platform—I was at work in the bottom of the barge, and did not see them put on the railway truck.
CHARLES JAMES TOPPER . I am porter to the Great Western Railway, at Bull's Bridge wharf. On 4th Feb. I received ten boxes of tea from the Revolution barge—they were placed in one of the Company's trucks—the prisoner worked there for Mr. Tollett, the contractor, and was at work there that day—the packages were hoisted up with a crane, which deposited them
on the flap of the railway truck, and the prisoner received them, and stowed them on the truck—it was then between 2 and 3 o'clock—the labouring men left work at 6 o'clock, and the prisoner among them, but my time was not up till 7 o'clock—about 7 o'clock I went to the office, and saw this package—I then went to the truck, and missed one package of three boxes—the ropes of the tarpaulin were cut—I have seen the prisoner with this knife (produced) more than once—I had seen him with it three or four days before—I did not see it found.
Cross-examined by MR. RIBTON. Q. Where did you see the ropes? A. In the office; the other porter had got them, and showed them to me—I carry a knife like this myself (producing it)—the only difference is in the colour of the handle—almost all the railway men have knives; they bring them to eat their dinner with—a great many of them have such knives as this—if a man has not got a knife, he would borrow one—I should not object to lend my knife to a man to eat his dinner with, if I knew him—there were other men helping to haul the things up, but no one was helping the prisoner to stow them away—the railway truck was on the line—the chests are hauled up from the barge and put on to the flap of the truck, which has a fixed tarpaulin over it, with a circular head.
JESSE HUGHES . I am a porter to the Great Western Railway Company, at Bull's Bridge. On 4th Feb. I saw the prisoner working at the wharf—he left off work at 6 o'clock, and I about half-past 7 o'clock—there was a truck with a tarpaulin down over the hoops, on the south side of the line, across it—it was to go with the train which was to come down that night—I saw the prisoner after 6 o'clock on the side of the truck—he had a large package in his right hand, and was getting down with it—it was like this package produced—when he saw me, he dropped it by the side of the truck and ran away—I followed him across a field, and when he got some way across, and had gained ground on me, I said, "You may run, old fellow, for I know who you are"—I did not mention his name—when he got to the back of the field, I saw another man, Thomas Etherington, speak to him, but I did not hear what was said—Etherington was nearly a quarter of a mile from where the track was—he spoke to me after the prisoner had gone—I then went back to where the truck was, picked up the package, put it against the office door, and communicated with the foreman—I then took the package into the office, and we both went in and told Mr. Webber—the prisoner had no business there at all after he had left work—I saw this knife lying on the edge of the truck, and found the ropes of the tarpaulin cut—I had known the prisoner about six weeks before that, and have been accustomed to work in the same place with him—I was from five to seven yards from him when he was getting down from the trucks, and am sure it was him.
Cross-examined. Q. What time of night was it? A. Between 6 and 7 o'clock; it was not very dark, and not very light—I was on the same side of the trucks as the prisoner was—I was connecting them together—there was one truck between me and him, and I think I got nearer to him once, nearly close to him, when he was getting over the rails—his name is Thomas Hammond, but I did not recollect his name then—I did not say anything to him, because as soon as he saw me he jumped down and ran away—during the whole of the time, I never called him by his name—I did say to Etherington, "Who is that man?"—it was not foggy that night, and it was not raining; it had been raining in the day.
MR. METCALFE. Q. Did you find any difficulty in ascertaining from Etherington who it was? A. I asked him who it was, and he said be did
not know; I said, "If you do not, I do"—when the prisoner was getting off the truck I saw his face, but had no time to speak to him before be ran away.
HENRY BERWICK . I am foreman of the porters of the Great Western Railway, at Bull's-bridge. On 4th Feb. Hughes brought these boxes to me, and gave me some information—I examined the truck—the lashings were cut, and on the edge of the truck I found this knife; I have had it ever since—the prisoner was employed there under the contractor—I cannot say what time he left work that night, but be had no business there after 6 o'clock—Etherington works there, but he had no business there then
Cross-examined. Q. Did you see Etherington there? A. Not on the premises—it was dusk, but not very dark; it was not raining—I did not see the prisoner there at all—I did not leave till near 10 o'clock.
JOHN WEBBER . I am station clerk, at Bull's-bridge. On 4th Feb., about half-past 6 o'clock, I received this package from Hughes, and gave it to a police sergeant—I inspected the truck, and found that the lashings bad been cut.
JAMES RUTTER . I am foreman to Mr. Tollett, the contractor. The prisoner worked under me at Bull's-bridge—he left off work on 4th Feb. at 6 o'clock; 1 saw him leave with the other men—Etherington was also one of my men—he left about twenty minutes after the prisoner—they had no business to return till the next day; the prisoner did not return next day—I searched for him, but did not see him again till 25th March, at a public-house at Notting-hill—I was in his debt for wages, but he never came for them—when I saw him at Notting-hill, I told him be had better come with me and settle it; he said he would—nothing further bad passed than that to let him know what he was to settle—shortly after that I found that he was not in the room—he had not gone out through the door; there was a window in the room—I was not able to find him again till he was taken into custody.
Cross-examined. Q. Had he been some time in that employ? A. Two years; I never heard anything against him before—he was a man I could always depend upon—the 25th March was upwards of a month afterwards)—I know that his father died about that time—he lived about a mile and a half off.
WILLIAM PEECHEY (police sergeant, T 29). I am stationed at Harling-ton. I produce these boxes; they were given into my custody by Webber, on 5th Feb.—about a fortnight after the robbery I received a warrant to apprehend the prisoner, but did not find him till 7th April, when I found him at his late father's house, concealed behind the roof of a chimney—his father had been buried that day.
GUILTY. Aged 27.—Recommended to mercy by the Jury on account of his good character. — Confined Nine Months.
Before Mr. Common Serjeant.
MR. CLERK conducted the Prosecution.
there, outside; I knew him by his voice—I had known him some time—he gave me 1s., and asked me to fetch him out a pint of porter—I went in, gave the 1s. which he gave me to the barmaid, received the change, and came out and gave it to him with the porter—he sent me in again for some more, with a second shilling, which I gave to the barmaid, and she said it was bad—I went out and told the prisoner so—I am sure I gave the barmaid the same money that the prisoner gave me.
JAMES GRIGGS . I was outside the Castle, at Woodford, on 11th April—I saw the prisoner there: he asked me to fetch him a quartern of gin, and gave me half a crown to pay for it, which I gave to the barmaid, who gave me the change, and I took it out to the prisoner with the gin.
ANN RANDALL . I am barmaid at the Castle, at Woodford. On 11th April, at night, Drake came in three times—the first time I served him with some beer he gave me 1s., which I put into the till; there was no other shilling there—soon afterwards he came in for some more beer, and gave me another shilling, which I also put into the till—I had received no money in the interim—soon afterwards he came in and gave me a third shilling, which I discovered to be bad, and on looking at the other two found that they were both bad—about that time Griggs came in for some gin, and gave me half a crown, which I put into the till—there was no other half crown there—I gave him the change—almost directly afterwards I looked at it, and found that it was bad—I sent for a constable, and gave him the 3s. I gave the half crown to another constable the same night—I saw the prisoner outside the door.
EDWARD BRICE (police sergeant). On llth April, about 10 o'clock, I went to the Castle, at Woodford, and received half a crown from Ann Randall—I knew where the prisoner lived, went to his lodgings, and found him in bed—I told him I took him in custody for passing bad money; he said if it was bad somebody had given it to him in change.
Prisoner's Defence. My master gave me 15s. for my Saturday night's wages; I got change for half a sovereign, and went to the Castle public house; I would not go into the house myself, because I had had some words there, and they would not draw me any, so I sent the lad in for it; I only gave Drake 1s. out of my pocket; that was given to me in change; the other shilling belonged to another man.
GUILTY .*† Aged 31.— Confined Two Years.
GUILTY .* Aged 34.— Confined Six Months.
way. On 8th April I was at Elmore's beer shop, about 1 o'clock in the day—I had two pints of beer in the parlour; Mr. Elmore was there with me, but nobody else—I had seven half crowns in my pocket, and changed one to pay for the porter—they were in my purse in ray left band trowser's pocket—Mr. Elmore left the room after that, and I went into the yard, and then came back into the tap room—the prisoner was there then, and two men—she pushed me down on the settle, and sat down on my knee, slapped her hand on my left hand pocket, and said, "Old mate, are you going to pay for some beer?"—I told her I should not, pushed her off my knee, crossed the tap room, and sat down in the opposite corner—the prisoner came again, and began pulling me about—she called for some beer, which was brought by Miss Elmore, who asked for the money—the prisoner said, "That man will pay for it"—Miss Elmore said she knew I would not—the prisoner began pulling me about again, and in pushing her off my knee I broke the window with my elbow—I had bad two pints of beer, and I laid down and went to sleep—when I awoke there was nobody there; I went home, and when I got up next morning, about 5 o'clock, I missed my six half crowns, but not the change which I had received for the other half crown—I went to Mr. Elmore's, beard something there, and gave information to the police.
Prisoner. Q. Did not you seat yourself by the side of me, and pull me on your knee? A. No.
MARTHA ELMORE . I recollect the prisoner being at my father's house, at Barking—I saw the prisoner sitting on Mitchell's lap, in the tap room, about 1 o'clock—I saw her offer to feel in his pocket—she asked him to pay for some beer—he said, "No"—about an hour afterwards I saw him fast asleep, and saw her put her hand in his pocket, take out a purse, and count out six half crowns on the table—I did not see whether she put it back again—about a quarter of an hour afterwards I was going to awake him, but she said if I did not go out of the room she would split my head open with the poker.
Prisoner. You were not in the room at all. Witness. I was.
JOSEPH ALDER (policeman). I took the prisoner, and told her she was charged with stealing some money from Francis Mitchell—she said, "I know I took the money out of his pocket, and counted it, and put it back again."
Prisoner's Defence. He pulled me on his knee, kissed me, and said, "Have a glass of ale;" he was very tipsy, and staggered against the window, and broke a pane of glass; he called for a pint of ale, and Mrs. Elmore, the girl's mother, brought it; some one said he had got no money; he said, "Will you count my money? "I said, "No," but he said, "Do so," and I counted the money for him; it was six half-crowns; I put it back into hit pocket; he had another man with him, a navvy, who saw me count the money, and he drew the bag from his pocket.
GUILTY . Aged 37.— Confined Twelve Months.
GUILTY .— Confined Two Months.
Before Mr. Baron Alderson.
MR. O'BRIEN conducted the Prosecution.
ford. I lived with the prisoner as his wife for four years, up to a fortnight before 28th March, and was then living with another man—on the morning of 28th March I went into Mr. Barker's house for a ribbon to trim some caps; it is a private house—the prisoner was there before me; and when I went in, he got up, and asked me to go into the kitchen, and read a letter from my uncle, which he gave into my hand—there was no one in the kichen when I got there; while I was there, the prisoner came in, put his left arm round my neck, and asked me whether I was unhappy—I said, "No"—he said, "I am," and put a razor to my throat with his right hand, and cut a deep wound on the left side of my throat—I struggled with him, and called out, "Murder!"—my hands were cut in the struggle, and also my cheek and my chin—Mr. Barker came in, and released me from the prisoner—I bled a great quantity, and was taken to the London Hospital.
Prisoner, Q. Why did you leave me? A. Through your ill-usage.
MARK BARKER . On Sunday night, 27th March, the prisoner lodged at my house—on the morning of the 28th Charlotte Carter came for some ribbon—the prisoner asked her to go and read a letter, and they went into the back kitchen together—(I had known them before that living together)—I heard a scream, rushed into the back kitchen, and found the prisoner with his left arm round her neck, and his right arm somewhere in front of her—I did not see anything in his hand—I liberated her, and saw that she was bleeding from the neck—I went out, and called, "Murder!" returned to the back kitchen, and found the prisoner there, with this old chopper (produced) in his hand—he said, "Hold your noise; don't say anything; it is all right"—I sent for a policeman, and the prisoner went into the back yard—I went after him there, and found him lying, with his throat cut, and the blade of a razor in his hand, the handle of which I afterwards found in the back kitchen—this is it (produced).
ALFRED ADAMS MANTILL . I am a surgeon. On 28th March, Charlotte Carter was brought to the London Hospital, in a very weak and exhausted condition from loss of blood—she had a large wound on the left side of her neck, three quarters of an inch long, and nearly an inch deep; it had not divided the carotid artery—if it had it would most probably have killed her—it was about half an inch from it—two small vessels were divided—I had to tie them—she was considered to be in danger for about a fortnight—the prisoner was also dangerously wounded—he had really cut his throat—this razor would have inflicted both those wounds.
Prisoner's Defence. I was in liquor, and that caused me to do it; I had been drinking from the time she went away.
COURT to MARK BARKER. Q. Was the prisoner in a state of intoxication on this morning? A. He bad had a little; it was early in the day—I had not seen him three or four days before.
COURT to MR. MANTILL. Q. When the prisoner was brought to the hospital can you say whether he was intoxicated? A. He was not; nor had he lost a great deal of blood, to take away the effect of any appearance of intoxication, as far as I could judge—he had been rescued sooner than the woman—his wound was strapped up when he was brought to the hospital.
GUILTY . Aged 45.— DEATH Recorded.
MR. M. PRENDERGAST conducted the Prosecution.
my recollection about two months—we are contractors to the Railway Coal Company—the course of his duty was to take coals from the Railway Station at Stratford, to where the manager or clerk directed him and on his return to pay the money he received for them, into the office—Mr. Pursell was the person to whom he was to pay the money—the 9th April he went to the railway and got coals there.
COURT. Q. Was the man in your service? A. Yes; and Mr. Pursell is in my service—he is a kind of manager at the coal depot, and he receives money—we are held responsible for the money—the prisoner is responsible to me for the money he receives.
GEORGE WILLIAM PURSELL . I am clerk to the Coal Company, at the Stratford Railway Station. On 9th April, the prisoner came to my depôt I saw him take some coal—I gave him directions to load, and he did soon his return without coals and without money, I said nothing to him—I was going on other business—he said that some persons had not paid him, and he would collect it on Monday—he did not state any particular person—his duty was to deliver the coals in hundred weights, and small quantities to any person who called for them in the street—if any one paid him, he was accountable to me for the money—to the best of my recollection he said he would collect the money, and bring the whole on Monday—he did not make his appearance again—I did not see him again till Monday.
COURT. Q. For whom didyoureceive the money he had brought? A. For the company.
MARIA JEFFREYS . I am the wife of William Jeffreys, and I live at 6, Panton-terrace, Stratford. On 9th April last, the prisoner came to my house with coals—I saw him—I bought coals of him—I paid him on the 10th, on Sunday morning—I gave him 6d.
WILLIAM HINTON (police constable, K 188). I received instructions for the apprehension of the prisoner on this charge, on the 12th, and in consequence of that I went in search of him—I found him in Angel-court, at his house—I told him I wanted him on a charge of embezilement—he said, "Very well, I will go with you, I had the money"—he said that he put it in his pocket, and lost it—he said he was very sorry, and if his master would give him time, he would pay it him back again.
Prisoner's Defence. I am a very hard working sort of character; through getting a drop of drink I lost my money out of my pocket
GUILTY.—Strongly recommended to mercy by the Jury and the prosecutor —Aged 33.— Confined Two Months ,
Before Mr. Common Serjeant
639. JAMES WINCH , burglariously breaking and entering the stop of John Penn and others, at Greenwich, and stealing therein 112 lbs. of block tin, 1 chisel, 1 file, and 1 punch, value 5i. 2s., their property: to which be pleaded
GUILTY . Aged 49.— Confined Twelve Months.
MR. BODKIN conducted the Prosecution.
WILLIAM JORDAN . My father is a grocer. About a month ago, the prisoner Hunt came and asked for a quarter of an ounce of pepper, which came to 1d.—he put down a shilling, which I weighed, and found to be bad; I said, "Wait a minute, I will be back directly," and took it to my father, who came into the shop with me—I saw Cooper on the other side of the road, carrying some fly-cages for sale; he was walking on—I had never seen him before, but am sure he is the man.
CHARLES JORDAN . I am the father of the last witness. He brought a bad shilling to me, which I marked, and afterwards gave to a policeman—I went into the shop, and found Hunt there—I showed him the shilling, and asked him if it belonged to him; he said that it did—I asked him if he had any more like it; he said, "No more"—I said, "This a bad shilling, and you know it; I can see what you are; I don't want any trouble with you; there is the door; if you like to go, go; I shall detain the shilling"—he walked quietly off, leaving the shilling and the tobacco—I went to the door and saw a young man, who I believe to be Cooper, selling fly-cages, and when he had got to the top of the street, he turned his head round and looked, and Hunt went in the same direction.
CALEB TYE . I am in the service of Mr. Riddington, a baker, of Lewis-ham. On 1st April I was outside in front of my master's shop, which is, I should think, three miles from Mr. Jordan's shop at Sydenham—I saw the two prisoners coming in a direction from Sydenham, each with a small box under his arm—Hunt came into my master's shop—I do not know what took place, but my master detained him—I saw no more of Cooper—the prisoners were in my sight three or four minutes; they walked 150 yards together, and appeared to be in company.
STEPHEN RIDDINGTON . I am a baker, of Lewisham. On the evening of 1st April, Hunt came into my shop and asked for a pennyworth of bread—he gave me a shilling; I thought it was bad, and told him so—he said be had taken it in Greenwich, where be had sold a fly-cage—I said I had taken so much bad money, that I should keep him; he said that if I did, he would summon me for loss of time—I gave him into custody with the shilling.
GEORGE FOOTE (policeman), I received this shilling (produced), and took Hunt—I found nothing on him but a box of fly-cages—when Cooper was brought in, Hunt said, "I never saw that man before with my eyes."
JOHN WHITE (policeman, R 86). On the evening of 1st April I was going down Lewisham, and met Cooper walking very fast towards London, and away from Mr. Riddington's, about 200 yards beyond it—I went to Mr. Riddington's shop, and finding Hunt detained there, went back after Cooper—I rode on an omnibus, overtook him, and asked him if he had got any bad money about him; he said, "No"—I said Í strongly suspected that he was in company with a young man who had passed bad money at Lewisham; he said he was in company with a young man—I said I should take him back, and after we bad got a few yards I saw him fidgeting with his left hand—I kept my eye on the leg of his trowsers, and saw two broken pieces of a shilling come down from the inside of his trowsers, and fall at his feet—I asked him what made him drop them; he said, "I did not drop them; I saw them lie there, and I could have picked them up as well as you"—I took him to Mr. Riddington's, where Hunt was, and said to Cooper," Is this the young
man you were in company with?"—he said, "I never taw him before; it was a taller young man"—I took him to the station.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. These shillings are both counterfeit, and from the same mould—these broken pieces are also counterfeit, and from the same mould as the others.
HUNT— GUILTY . Aged 19
COOPER— GUILTY , Aged 20.
Confined twelve months
LEWIS JACOBS . I was assistant to David Davis About a fortnight ago, this coat (produced) was placed on a dummy in front of his shop—it is new—I saw it safe, I think, at 2 o'clock, and missed it between 4 and 5 o'clock—no coat of this description bad been sold that day, or I should have had it down on our list—nobody sells without my knowing it; I was there all day—here are some holes where the ticket has been.
WILLIAM GLADWIN (policeman, R 122). On Wednesday, 27th April, I was on duty in High-street, Woolwich—I went to the pier, and saw the prisoner standing on the dummy, waiting to go on board a boat; be bad this coat on—I asked him how long he had had it; he said, "A month"—I told him I believed it was stolen, and took it off his back—he had on the coat be now has under it—I took him to the station—he said his father bought ¡him the coat a month ago, but was now in America.
(The prisoner was further charged with having been previously convicted.)
ROBERT CHICKLEY (policeman) I produce a certificate (read;—"Clerk enwell, William Shepherd, Convicted May, 1851, of stealing a waistcoat, confined two months")—I was present—the prisoner is the person.
GUILTY.* † Aged 20.— Confined Twelve Months.
Before Mr. Recorder.
GUILTY . Aged 19.— Confined Two Months.
GUILTY . Aged 36.— Confined Two Months.
MR. LILLEY conducted the Prosecution.
JAMES STIRLING . I am a retired captain in the army, but am now agent for Gordon and Co., wine merchants, in Dublin; I lodge in George-street, Old Kent-road. On 12th April I was in the main road, which I consider High-street, Deptford—I met a man named Murphy, and had some conversation with him—I had never seen him before, but he was a poor-looking wretch, and I thought I would give him a meal—in consequence of that I went to a butcher's shop and purchased a beef steak; I went to the Star and Garter beer shop to have it cooked—after I had finished it, and sat a little time, the prisoner came into the room; I am not sure whether he came in before I finished my steak or afterwards—Murphy addressed him, and had some conversation with him—after I had finished my steak, the prisoner and I had some conversation—I gave him some refreshment, some bread and meat
—when the landlady came in I took my parse from my left waistcoat pocket and paid her—she gave me some change, and I then put my purse in my left waistcoat pocket—the prisoner, who was standing near the fire, immediately sidled up to me—I think I paid about 1s. 6d.—I gave her 2s., and I had in change 4d. in silver and 2d. in copper—I put the 4d.-piece in my purse, and put my purse into my pocket—the prisoner was in the room when I took my purse out—it was a crimson velvet purse, with a brass clasp, which had worn very bright—after I had paid the landlady I had a sovereign in my purse and some silver, I am not exactly clear how much—after I had paid, and placed the purse in my pocket, the prisoner, who had been leaning against the mantelpiece, came close up to me, and sat down on my left bane, close to me—that was the side on which the purse was—there was a little con venation between us, I do not recollect the substance of it; and he very shortly after that left the room—I do not recollect any particular remark that he made before he left—Murphy shortly followed him—I then put my hand into my left waistcoat pocket, and found my purse was gone—that could not have been above a couple of minutes after Cotter was gone—it was a very short time—I exclaimed, "I have been robbed!"—I got up, went out of the house, and got a policeman—I went down the street, and fell in with Murphy; I gave him in charge, and immediately after I met the prisoner and gave him in charge, as the person who picked my pocket—between the time of my putting my purse in my pocket and missing it, no one had been near me but the prisoner, with the exception of Murphy, who was on my right band—I had been walking about all day, and had had a glass or two of ale—I was a little excited; I had walked about a great deal
Cross-examined by MR. O'BRIEN. Q. Was it by walking about you got excited? A. It had a great effect; it was a warm day, there was a good deal of sun—that is my impression of the 12th April—I had visited two or three customers for our house—I had bad I think two glasses of ale all day—to the best of my recollection, I had only two glasses—I do not know the names of the public houses, I did not put them down in my book—I met Murphy, and he took me to a butcher's shop—I must have drawn out my purse to pay for the steak—I dare say I was in company with Murphy at the Star and Garter about an hour altogether.
Q. Do you mean to say, that when you went in with this ragged fellow that you describe, and was in his company, that you were nothing the worse for liquor? A. I mean to say I was a little excited, but with regard to sobriety, perfectly sober for all purposes of business—I was not soliciting Murphy for orders for the wine house—I had a glass or two of ale at the Star and Garter—I gave Murphy a pot of ale—I did not drink out of his pot—I cannot positively state how much ale I took there; I do not think it was more than two glasses—I had nothing besides ale with the beef steak—Murphy sat at the same table with me—he was at the end of the table, below the salt—I had nothing but malt liquor—I believe there were one or two other persons in the room, but I did not notice them; I was sitting in a corner—I do not recollect that there was any woman there, with the exception of the woman who cooked the steak, who I afterwards learned was the landlady—Murphy did not carry the steak for me—he ate some—I noticed the prisoner in the room before I had finished my steak—I handed him over some—he did not sit at the table, he ate it standing—he took ale out of the pot which I bad given to Murphy—I did not invite him, Murphy handed him the pot of ale—I did not help myself to ale out of their pot after they had drank; I had my ale in a glass—I really forget whether the landlady brought my ale in a glass,
or whether I had it from the pot—I did not have more ala besides the pot for these men—I think I must have bad a glass or two more—I think I recollect the landlady bringing me in a glass of ale or two—I was so very much fagged with severe travelling, that I cannot take upon myself to say whether 1 had one or two glasses—I bad a pot of ale; I am not exactly sure whether I helped myself out of the pot or not—the prisoner went out—I did not particularly notice whether he had finished the meat before ha went—I had given him ale, and meat, and bread, before I had paid, the landlady—Murphy was sitting on my right, at the end of the table—no one else sat at the table while I was there—Murphy remained sitting at the table for a vary short time after the prisoner left, and I remained after Murphy bad left for a short time—I did not look under the table to see if my purse was there—I was leaning over the table all the while, with my waistcoat hanging over the table—I did not look about the room at all for the purse—the landlady did not look under the table in my presence, to my knowledge—after I gave Murphy in charge, I came back on my way, but I did not go into the Star and Garter again, to the best of my recollection—I think I may say I am sure I did not—it could not have been more than 200 yards from the Star and Garter that I and the policeman met Murphy—Murphy was ten or twelve, or fifteen yards behind the prisoner; he was walking after the prisoner—I had not seen the prisoner when I gave Murphy in charge—I came up with Murphy first—I gave Murphy in charge to 178 R, who is here—Murphy was not taken to the Star and Garter—I had gone about twelve yards after I gave Murphy in charge, when I met with the prisoner—to the beat of my recollection he was taken hold of by the policeman—he was in custody of a policeman when I saw him—that was the first I saw of him—I do not believe that policeman is here—when I went up I found him in custody of a policeman—there ware other people about—Murphy was discharged by the Magistrate at the police court—I went down with the prisoner and Murphy to the station—I believe they were both searched there—I heard the inspector say they were—I gave the charge, aid was at the police station for some time—they were searched long before I left.
MR. LILLEY. Q. Was the floor of this room carpeted or sanded t A. Sanded, I imagine—if my purse had fallen from my waistcoat pocket to the ground, I should have heard it, certainly—I was leaning over the table—I will pledge myself that I was sober, to all intenta and purposes, as I am now—I had been eighteen years in India, and have suffered much from liver complaints—a little excites me.
MARY ANN WILCOX . I am the wife of Thomas Wilcox, who keeps the Star and Garter, in the Broadway, at Deptford. I remember the last witness coming to our house on 12th April—I saw Murphy there, and the prisoner came in some time after—I cooked the steak for Murphy and the gentleman—Cotter came in the room when I had cooked the steak" and another man with him—the gentleman and Murphy sat behind the door, and Cotter and another man came and stood in the room—Murphy called fox a pot of beer, and I put it on the table—the gentleman asked him to have some bread and meat—he said no, he did not want any—I went out of the room and came in again, and he was eating the bread and meat, standing near the window, not near the gentleman—I saw him afterwards—he stood by the fireplace—I went and-cleared the table, and left the room for a short time—I came back, and Cotter said, "Here is the landlady, you had better pay the reckoning"—the gentleman asked what was to pay—I said 1s. 6d.—he took a purse from his left-hand waistcoat pocket, and gave me 2s.—Cotter then drew near to the gentleman—I went to the bar, and came back and gave the gentleman a 4d.-piece
and 2d.—the gentleman put the 4d.-piece in his purse—he clasped his purse, and put it in his pocket—Cotter was sitting close by the side of the gentleman—I went to the bar, and in two or three minutes Cotter came past—he said, "I am going to light my pipe"—there was a fire in the room from which he came—he went out, and the other two followed him—shortly afterwards the gentleman came and said, "They have got my purse. "
Cross-examined. Q. What was the 1s. 6d. for? A. The gentleman had a pot of beer when he first came in—while they were having the steak they had a pot of ale, and 6d. was for the trouble of cooking the steak, and the bread—I took in the pot of beer in a pot, and the pot of ale in a pot—I put the beer to him—I am not used to give glasses with beer—Murphy said, "Perhaps the gentleman would like ale;" he said, "Yes, bring a pot of ale"—I took it in, and glasses—Murphy and the gentleman had been in long enough for me to cook the steak when Cotter came in—they were sitting behind the door, side by side—not close to each other—after the gentleman had had his refreshment be moved more round from Murphy towards the fire—they had had the beer before Cotter came in—the beer was not all gone when he came—Murphy gave the pot to Cotter to drink—the gentleman took some of it—I cannot say whether he took any of the ale—the room is not a very large one—I did not search the room after he had left the house—I did not search round the table, or look at all for the purse—I did not go for the policeman—I called my husband, he ran out, and called the policeman—the policeman did not go into the tap room—the gentleman went out immediately—I went in the tap room, but they were all gone—I did not see the policeman again that evening at the Star and Garter—I did not see the policeman after they were at the station—I did not go to the station—the gentleman came back to our house, and went in the parlour to Mr. Wilcox, but did not stop—I was not speaking to him the second time—I think he came in after he left the station house, to the best of my recollection.
MR. LILLETY Q. How many tables have you in your tap room? A. Three; I do not know the width of them—if 1 were walking in the room I could see underneath them—I am sure that the other man who came in with Cotter went into the room where the gentleman was—when Cotter went through the bar, and said, "I am going to light my pipe," the others followed after him—I sweep the room out sometimes, and sometimes my daughter.
ANN HILL . I am the wife of Samuel Hill, and live in New Town, Deptford. On the afternoon of 12th April, 1 was keeping a stall in Broadway, Deptford; about 5 o'clock, I saw the prisoner pass with a bright clasp purse in his left hand—the policeman was walking aside him as he went along—it was light, and I certainly saw the purse—I said, "There looks a good bit in it;" and one said, "If it be gold, it will do. "
Cross-examined. Q. The man was in custody of the policeman? A. He was walking with one, but he was not in custody, with a policeman behind him—the policeman who was walking by the side of him had not got hold of him—they were walking separately, be had not hold of bin)—I should say the policeman behind was a dozen yards behind him—that was the policeman who is here who has got the charge—he was a little distance behind him—I do not know the name of the man that was walking by the side of him—he lives in Charles-street—I did not see him at the police office—I did not leave my stall—I was close to him nearly when he was taken, he brought him down past my stall—I saw the purse with a bright clasp in his hand—I heard that a purse was lost, and I told the gentleman it was a bright clasp—I heard from the people in the street, that a man was robbed of a bright clasp
purse—I saw the policeman, and spoke to him that day, a little after 5 o'clock; that was after the man was taken to the station—I do not think there was any one present when he spoke to me—he asked me if I had seen the purse in his hand, and I said "Yes; it was a bright clasp purse"—that was the first person that asked me about it, and that was the first person I told it to—I could see it plainly in his hand—there were not many persons there then—only the mob following him—I saw the policeman again before the Magistrate—I do not know how many times I have seen and spoken to him since—it might have been four or five times—I cannot tell.
MR. LILLEY. Q. You say one policeman was walking on the side of the prisoner; was the purse on the same side as the policeman was? A. No; the policeman was on his right hand, and the purse in his left—I have seen the policeman since, be has not told me what I was to say.
EDWIN MOTT (policeman, R 278). I am stationed at Deptford—on 12th April I was near the Star and Garter, on duty—it is a part of my beat—I saw the prisoner and another man run by, and heard a cry of "Police!"—I saw the prisoner stopped by Clayton a policeman, who is not here—I left the prisoner with that constable, and I went to find the prosecutor, to see what was the matter—the prosecutor came up and gave them both in charge for robbing him of his purse—when the constable was taking the prisoner to the station, I was a few yards behind, and I saw the purse in the prisoner's hand—I was with the other prisoner—I ran forwards to get the purse—he passed round the corner; I lost sight of him for a moment, and when I got to him the purse was gone—there were several persons standing at the corner—I told the prisoner he was charged with robbing a gentleman of his purse; he said he had not got it—I told him I saw it in his hand—he said, "Where was it? "if I saw it in his hand he had not got it.
Cross-examined, Q. Where is Clayton, who had this man in custody? A. He is at Greenwich, he is stationed there—he and I took the prisoner together to the Greenwich station—I had Murphy in custody—we were taking them both together—Murphy was stopped first by another constable—I do not know his name—I was not with the prosecutor when Murphy was stopped—the prosecutor was in the Star and Garter when he was stopped—I know that the prosecutor was in the public house, because I went there and found him—he never came out of the public house till both the prisoners were stopped.
COURT. Q. Did you go back and find the prosecutor in the public house I A. Yes; that was not the first time I saw him—I saw him about half an hour before go into the public house, and Murphy went in with him—the landlord gave me information about this robbery, and I heard the cry of, "Stop thief!"
MR. O'BRIEN. Q. How far was it from the public house that you or the other officer stopped Murphy? A. About twenty yards; Murphy was stopped by another officer, and Gay ton stopped the prisoner—we brought them to the corner of the street, about a dozen yards from the public house—I left the two men in charge with two constables, and I went and brought out the prosecutor—then I proceeded to the station, Clayton having this prisoner, and I having Murphy—it was, perhaps, about fifty yards from the public house that I saw the purse in the prisoner's hand—we were then taking them from the public house to the Greenwich station—I was leading Murphy on one side, and another constable on the other side—Clayton was on the right side of the prisoner, and I saw the purse in the prisoner's band—there is no rule about which side of a prisoner we should walk—Clayton was leading the
prisoner by his right arm—I know Mrs. Hill—it was perhaps about a yard from her stall that I saw the purse in the prisoner's left hand, just as he was passing the stall, and that was about fifty yards from the place where we took him up—he had gone about half a dozen yards from the woman's stall when I missed the purse from his left hand—I was about half a dozen yards behind him when I first saw the purse in his hand—I saw Mrs. Hill again that same evening—I heard her say that she saw the purse in the prisoner's hand—I do not remember asking her if she saw the purse in his hand—I do not think I asked her—I cannot swear I did not—she spoke to me first, I am sure of that—she called to me as I was passing her stall—she asked me what the charge was, what the man was taken up for—the first thing she said was, that she saw a purse in his hand—she asked me whether he had robbed the gentleman of a purse, and I told her he had—I see her sometimes every day—I have not spoken to her at all on this subject, except on that occasion—she has not mentioned to me much about the case—I cannot tell whether she and I have been speaking about it more than four times—Clayton is not here, because he gave up the prisoner to me—suppose a prisoner were given to a police constable, and he knows the charge, I should say it would be the duty of the constable while he had custody of him to watch him—I did not know the prisoner was charged with stealing a purse till I saw the prosecutor.
COURT. Q. When did you see the purse in the prisoner's hand? A. After I had been in the public house, as we were taking him to the station.
MR. O'BRIEN. Q. You knew the charge, and was about six yards from the prisoner when you saw the purse; did you call out to Clayton that he had got the purse? A. No; just as he turned the corner I went and asked him for the purse.
MR. LILLEY. Q. What corner was this? A. The corner of the Broad way, leading to Deptford-bridge—I had some conversation with Hill—I cannot at all pledge my memory as to how many times I have talked with her on this subject—when I first saw the prisoners they were running—I joined in the pursuit—Murphy was stopped by one constable—I ran after them and saw him stopped—the time I was running was not the time I saw the purse in the prisoner's hand—it was after we had got the prisoner, and were taking him to the station—it might be two or three minutes after he had been stopped, that I went back to the Star and Garter—that may be fifty or sixty yards from the corner turning round to Deptford-bridge—I found the prosecutor in the tap room—there was no one with him—I had seen him half an hour before—the prisoner was searched—there was nothing found on him.
GUILTY .* Aged 24.— Transported for Seven Years
MESSRS. ROBINSON and PAYNE conducted the Prosecution.
EDWIN JESSE BUTTLE . I live in Church-street, Greenwich, and sell boots and shoes. I missed two odd boots—they are here—I have got the fellows of them—I know these boots—I saw them safe on Thursday night, 7th April, about 8 o'clock, and they were missed at 10 o'clock—the fellow boots were beside them on the shelf—each boot if worth 3s.—the shelf on which they were, is 1 should think three or four paces inside the shop—the door is open—the shop is never left without some one in it.
Cross-examined by MR. LILLEY. Q. Are these boots your own manufacture? A. One is, the other is not—I know the one that is not my make by its having no lining inside—I will swear positively to this one that I
made myself—this other is a Northampton made boot; I can swear to it by comparing it with the fellow—I never saw either of the prisoners near my shop—I have no knowledge of them.
MR. PAYNE. Q. Produce the fellow boot to the Northampton one? A. This is it—they match entirely inside and outside in every respect.
ROBERT FREESTONE (policeman, R 186). On Saturday, 9th April, I was called to the shop of Mr. Sharp, a pawnbroker, at Deptford, about half past 12 o'clock in the day, I found Catherine Taylor there—the pawnbroker gave these two boots over to her, and I took her with them—the pawnbroker said he had had a description of these boots given to him—that Catherine Taylor came to pawn them, and he would not take them in—I asked her where she got them; she stated they belonged to Taylor, and that he sent her to pawn them—Taylor is the man she is living with.—I told her she must go with me—I took her to the station—I knew the two prisoners before, I have seen them together—I know they were living together—I knew where Taylor lived—I went to Pope's-buildings—I did not find him.
Cross-examined. Q. Can you pledge yourself that they are not man and wife? A. I go by their own words—on their examination before the Magistrate, Catherine said so, when she was asked whether she was married to Taylor—they were not both discharged in the first instance, Taylor was—I did not see him the second time—the pawnbroker gave the shoes back to Catherine and said, "I will not take them in"—he had told me at the shop door that he had had information given him—Catherine was then in the side door, the private entrance—the pawnbroker spoke to me at the shop door, part of the conversation was out of her hearing—when he went in he gave her the boots back, and told her he could not take them in; he believed they were stolen property—she said, "They belong to Taylor, he gave them me to pawn"—I know the prisoners keep one lodging house; I believe they keep two, one in Pope's-buildings and one in Mill-lane—I know that very humble and poor characters lodge there—I do not know that it is common for poor persons who go to seek a lodging to leave part of their apparel in pledge.
FRANCIS JOHN WHEATLY (police sergeant, R 2). I know the lodging house, No. 5, Mill-lane, very well—I am one of the inspectors of lodging houses—it is a registered house—I know the man Taylor, and the woman very well; they lived together in that house, and passed as man and wife; I believed them to be man and wife—on Saturday, 9th April, I was at that house in the morning, but I did not know anything about the robbery then—in the afternoon, at half past 3 o'clock, I had information from the inspector on duty at Greenwich—in consequence of that I went to No. 5, Mill-lane—I did not find Taylor there—I went to the house next door, which is also a lodging house; and there, under a bed in the front room at the top of the house, I found Taylor—that is not one of his lodging houses, it is kept by a man of the name of Darling, who is also a marine store dealer—I told Taylor that he must come out and go to the station; that his wife was in custody, charged with having some stolen boots in her possession, which she had offered to pawn—he said he had them from a man who went there to lodge the previous night, and that he had given him 35. and his night's lodging for the boots, and being short of cash in the morning, he had sent the woman to pawn them—he said the party, or the female, I am not sure which, but I had motioned that his wife was locked up—he did not say wife—he said, "I did not know they were stolen, or it is not likely I should have sent them to pawn so near home"—I then
took him to the station—these are the two odd boots—they were produced at the station—one of them is much longer than the other—on their being produced the inspector said to him, "Well, Taylor, how about these boots?"—he then repeated what he had stated to me, that he had given a man 3s. and his night's lodging for them—the inspector said, "How do you account for their being two odd boots? "he said, "I did not notice them particularly, the man took them off his feet, and I gave him an old pair to put on"—these appear to have been worn—the soles are dirty, but there has never been a lace in the holes—I believe the two prisoners were taken before the Magistrate, but I was not present.
Cross-examined. Q. Do not you know that the man was discharged? A. He was discharged on Monday, the 11th—the Magistrate remanded the woman till Thursday, and gave instructions that the man should be taken—I told Mr. Trail that I could not find him, and he took the woman's own recognizance to appear that day fortnight—I apprehended the man in the second instance—I met him on Deptford Bridge on the 19th—I said to him, "Taylor, where are you going? "he said, "I heard I was wanted; I was going to the station to give myself up"—I returned with him to the station—he was going towards the station when I saw him, and was within 200 yards of it—when the female was discharged on her own recognizance she went back to him—between the time of the man being discharged, and my meeting him on the 19th, he had been at home—I had spoken to him in his own house—the next house to his is kept by a man named Darling—I saw Taylor there going under the bed—I said, "You must come out, and go with me"—I know that poor persons sometimes leave articles for their lodging.
COURT. Q. You did not see anything of him before you found him under the bed? A. No. I do not think he could see me; but he knew I was in the house—I asked Darling to go up stairs with me, which he declined—I went in the first floor, and found there was somebody in bed—I went in and turned the clothes down, and while I was doing that Darling sent his boy up stairs, and by that I knew that the prisoner was in the house—I went up and found him.
EDWARD WILLIAM RIDDING (police sergeant). I was at the station on 9th April, when Taylor was brought by the last witness—I produce these boots from a cupboard in the office—the inspector said to Taylor, "What about these boots?"—he replied, I received them last night for 3s. and a night's lodging from a man, and, being short of money, Í sent my wife to pawn them in the morning"—I heard something further, but being engaged in writing I did not attend to it—Catherine had been brought in before Taylor was—she was brought between 12 and 1 o'clock—I asked her if she was Taylor's wife—she said yes—I asked her a second time, and she said no, she was only living with him.
Cross-examined. Q. Is it usual to question prisoners? A. It is usual; I consider I have a right to ask any questions before I take a charge—the female only was present at that time—she was in custody.
(The prisoners' statements before the Magistrate were here read as follows:—"James Taylor says. 'I never saw the boots before—I never sent her—I never said what the witness has stated. 'Catherine Taylor says,' A young man came to our house, and asked me to pawn them for him, and I took them. '"
NOT GUILTY .
Before Mr. Common Serjeant.
MR. PAYNE conducted the Prosecution.
JAMES WATTS . I have been in the employ of Mr. George Hill; he is a, pork butcher, at Woolwich. The prisoner was a foreman—I remember his showing me a piece of bacon—it was in the smoke hole, in the back part of Mr. Hill's premises—there was from eight to twelve pounds; it was part of a tide—he said he bought it of Mr. Hill, and he was going to smoke it for himself, and asked me if I would keep it for him—he gave it to me the next morning—I took it home, locked it up in a box, and kept it till Sunday—I took it on Wednesday—on the Sunday following Sheppard called for it, and I gave it him—there was no pork given to me at any time, nor any rabbits, only to take down stairs, on Mr. Hill's premises, nothing to take home—when the prisoner gave me the pork to take down he told me be would have that for dinner to-morrow—he gave me 6d. to take care of the bacon—when he told me he had bought it of my master I believed him, and that was the reason I took it home.
Cross-examined by MR. PARRY. Q. You were discharged from service? A. Yes, before the prisoner was taken upon this charge; Mr. Hill had no more work for me—this happened about the bacon a month before he was taken into custody—I saw my master during that month—I do not know that these men sometimes do buy things of the master—I have never been saucy to him as I know of—he once gave me a thrashing—it was not for being saucy, it was because 1 did not shut the door—I did not say I would serve him out.
MR. PAYNE. Q. Did this thrashing you make him bring this charge against you? A. No.
GEORGE HILL . I am a pork butcher, at Woolwich. The prisoner has been in my employ seven months; he first came on 1st Sept. last—he was foreman—I did not sell him a piece of bacon a month before he was taken into custody—I never sold him anything at any time—I never gave him permission to take bacon off the premises—I know the piece of bacon that has been found to be mine—I have tasted some off the same piece—it was cured on my premises by the prisoner—it corresponds with other pieces, it is cut in a peculiar way—I never sold it to the prisoner, or authorized him to take it away—the boy is a very honest lad—this piece weighs from five to six pounds—I expect it had weighed from ten to fourteen pounds.
Cross-examined. Q. How long has this man been in your service? A. Seven months; he was the entire manager—he managed all my affairs, so far as the business went—I attended the shop—he never used to purchase his Sunday dinner from me—I have not sold him rabbits, nor a fowl—I never at any time sold him two Ostend rabbits, I am sure.
JAMES WESTBROOK (police constable). I took the prisoner into custody—I told him he was charged with stealing a piece of bacon from Mr. George Hill—he said it was all spite on the part of the boy—I had not said a word to him about the boy—I went to where he lived, at North Woolwich, and I found a piece of bacon and a part of knuckle of pork (produced).
GEORGE HILL re-examined. I believe these articles to be both mine—this bacon is not cut in the way in which bacon is usually cut—the hand is cut off, whereas the hand would be on if bought at a butter shop, and this part would be wider—the prisoner cut it—I saw it after it was cut—I have not cut it off to bring it here to-day—this was found in his lodging.
NOT GUILTY .
THOMAS BATEMAN MANNING . I am a licensed victualler, at Deptford. On 5th March the prisoner called at my house, about 9 or 10 o'clock at night—he asked me to lend him some money, 10s. or 15s. on this order—he said he was entitled to 15l. 10s. or 18l. 10s., as the last pay of a share of Her Majesty's ship Phantom—the name of Broadley is there—I asked him whether that was his name, and whether it was the order he received from the agent of the ship—it is his own name, "Samuel Broadley"—he said that he had sold three-fourths of the prize money to a gentleman at Chatham, and this was the remaining part to get, and that he bad been to the agent to receive the money; and he gave me this order to call on Monday at 10 o'clock to receive it—he said the agent was Mr. James Buchanan—I believed what he said, and I lent him five shillings upon his stating he had lost two of his shirts, and should get into trouble if he did not replace them—I was induced to do it from his representation, that he would get into trouble for not having his shirts to produce—it was very foolish, 1 did it because I believed what he said—I was induced to give him money because I believed I should have it back on Monday—he said he should be with me at 7 o'clock to go to the Admiralty—after I lent him 5s. he asked me to let him have some beer, and I let him have five gallons, which he took away—I did so because I believed his statement, and that he would pay me on Monday, when the order was paid—at half past 9 o'clock I saw him—he said he had met a comrade from London, and would be with me at 10 o'clock on Tuesday to receive it—I never saw him again till the 21st—I made a complaint to the Commandant at Woolwich—the prisoner was there when I made the complaint—the Adjutant told him he was charged with receiving money under false pretences—he stated he had received the money, and was willing to be put on stoppages to pay it—he was given into custody; the Adjutant requested me to call the next day, and see the Commandant—he was given into custody on 22nd April—these are the two documents T got from him—I made every inquiry of Mr. Buchanan in connection with this order, and could find no such person—(order read—"Please allow the bearer to proceed to our office to receive the last pay of a share in shares of Her Majesty's ship Phantom. I remain, your humble servant, James Buchanan.") (The prisoner's discharge from the ship Phantom was also read.) Prisoner. Q. I told you why I had been to the Noah's Ark? A. No—I told you a man of the name of Maclachlan had called, and asked if 1 would lend the money—I said "No"—I did not tell you there had been a man with a prize ticket—a man came and asked me if I would lend you the money.
GIBBS CRAWFORD HARRISON . I am in the Accountant-General's department, in the Admiralty. This (produced) is a document given to every man in the service—it is signed by Captain Henry Eden, and he is the captain of the Fisgard flag ship, Woolwich—on his bringing this to the Admiralty, the signature induced me to look at the Fisgarais book, and 1 found the description corresponded with a man of the name of Houghton, not Broadley—I have the book here—we have no such ship as the name of Phantom—we have a ship called Phantome, the French name—it would not be spelt the same—there has been an erasure, and the name of Broadley substituted for Houghton, and the Phantom for Fisgard—the document for Henry Houghton would have been right if it had not been erased—there is no prize money due to the Fisgard—she is a stationary ship at Woolwich—the book I produce is a book containing a description of Henry Houghton—the book of the Fisgard corresponds in every particular with the certificate—the names of the ship and man have been erased, and those of Broadley and Phantom substi-
tuted—the signature of Eden corresponds with that in this book—I did not bring the book containing the names of the crew of the Phantome, because it would not answer the time—he served in the Phantome from Dec., 1844, till Feb., 1845—it was merely to show he had been in the ship Phantome, but this is for a period between Aug., 1849, and 1850—the certificate is for that time—when he did serve it was from Dec, 1844, to 1845, and no prize money was due to that ship since 1842.
THOMAS JOYCE . The prisoner was given into my custody on 22nd April, at Woolwich Barracks—he said he could neither read nor write, and that two sailors gave him the order, and he obtained the goods of Mr. Manning with this order.
Prisoners Defence. The men there could neither read nor write; I went to Deptford for a pint of beer; there was two sailors; they called for a pint of beer, drank a part, and asked me to drink; they said, "If it is a fair question, what's your name?" I says, "My name is Broadley;" I drank my pint of beer, and called for another; they called for another, drank it, and went out; the landlord told me there had been a man there before; be told me to go into that room, and he would give me the beer; I drank part of it, and the man who gave me the paper came in after; he asked me if I had got the 5s.; I went to the bar, and the landlord gave me two half crowns
JURY to MR. MANNING. Q. Were there any men drinking with the prisoner at the time he obtained the money? A. None—I was very busy.
COURT. Q. Did he take the beer away? A. He took it away in cans—I rather think he was the dupe of a man from a regiment, of the name of Maclachlan—he positively stated this was his discharge, and upon that I let him have the money.
GUILTY. Aged 32.—Recommended to mercy by the Jury and Prosecutor. — Confined Four Months.
648. LOUISA MORTLOCK, JOHN BARTON , and WILLIAM SMITH , stealing, on the 30th March, a purse, value 6d.; and 18 pence, in money, from the person of Louisa Brown. MORTLOCK, who was also charged with having been before convicted, pleaded
GUILTY . Aged 23.— Transported for Seven Years. MR. PRENDERGAST conducted the Prosecution.
LOUISA BROWN . I was staying at No. 6, Belmont-hill, Lea, at the time of the robbery. On the 13th March I was at Greenwich Fair, at 2 o'clock in the day—I had a blue silk purse, and a shilling and sixpence in it—a police constable came up to me—I looked to the place where my money was—I found no money or purse—I next saw the purse when the policeman showed it me—this (produced) is it.
JAMES WILLIAM CROUCH (police constable, R 118). On Wednesday, 80th March, I went to Greenwich Fair, in plain clothes—I saw the prisoners there—my attention was called to them between half-past 2 and 3 o'clock—I was ten minutes or a quarter of an hour watching them—they were all three together; they were talking and walking together—at the expiration of that time I saw them go to the side of the prosecutrix—the female prisoner was on the right hand side, the prisoner Barton in front, and Smith behind, what they term covering the female—I saw the female leave the prosecutrix—upon that I went up to her—the three prisoners shifted from the prosecutrix, and went to the back of the booth—I followed them 30 or 40 yards, and from what the prosecutrix stated to me 1 caught hold of the female prisoner, and in catching hold of her she threw the purse out of her right band
—that is the purse—I took her into custody, and gave her over to another constable—(Barton had got away)—I did not see 1s. 6d. under her feet—with respect to Barton, I went to the back of the booth; there was no crowd, and in getting through rather earlier than what I expected, I met Barton at the top of the fair—I spoke to another constable, and told him to take him into custody—I told them at the station they were charged with stealing a purse from a lady—they were all there—they said they knew nothing about it—the female did not say anything—I am quite positive I saw those persons together (looking at the prisoners)—after the robbery they shifted away, all three together, and went to the back of the booth.
Smith. Q. Where was I standing? A. You stood in front, between the lady and the prisoners.
JOHN NEWELL (City policeman, 340). I was on duty at Greenwich Fair on Wednesday, 30th March—I saw Barton after he was taken into custody—I did not see the prisoners before—I saw Smith and Mortlock talking together before the robbery—before I was called on by Crouch I saw Smith and the female together—I apprehended Smith—I told him he was in charge for being concerned with a female in stealing a purse—he said he had not been with no female, and did steal no purse—I saw 1s. 6d. under her feet.
Smith, Q. When you catched hold of me, what did I say? A. You said you had been with no female, and did steal no purse. (The prisoners Barton and Smith protested their innocence.)
BARTON— GUILTY .** Aged 17.— Confined Twelve Months.
SMITH— GUILTY . Aged 25.— Confined Six Months.
JAMES KNIGHT . I live in Church-street, Deptford, and am a shoemaker. On Monday night, 11th April, I closed the shop myself about 11 o'clock, and went to bed—on the following morning at 5 o'clock I was called up by the police—I went down, and found the shutter pulled down and the window broken—I am quite sure it was closed the night before—I missed two pairs of new blucher boots, a pair of old ones, two odd ones, and the upper leather—the pair of old ones are here—I will swear to them, they are my property—I know them by the repairing of them inside—I repaired the upper part myself.
JOSIAH TURNER (policeman). On 13th April I went after the prisoner—he was then locked up on another charge at the station—I took a pair of boots off from his feet—these are the boots (produced)—he told me he bought them in the lane—I asked him what lane—he said, "Petticoat-lane"—I asked him who of—he said, "I can buy forty pairs of forty different people there. "
WILLIAM BROADWAY (policeman). About half past 2 o'clock on the morning of 12th April I was on duty in Church-street, Deptford—I saw the prisoner about 200 yards from the prosecutor's shop—I saw him again at 20 minutes before 3 o'clock, about fifteen or twenty yards from the prosecutor's shop.
Prisoner. Q. Did you see me do anything? A. No—I did not see you with the property—I saw you in the street.
Prisoner's Defence. I was standing by the Swan about 2 o'clock, as the police was coming out of the house.
NOT GUILTY .
CHARLOTTE COCKING . I am the wife of William Cocking. I keep a shop in Woolwich for butter, tea, and chandlery—I supplied the soldiers in the barracks—I recollect, on 2nd April, the prisoner coming to my shop—he asked me for half a pound of butter and a quarter of a pound of cheese for Capt. Cox's company, 45 room—I supplied him with the articles, and he left the shop—he came again at 8 o'clock the same night, and asked for half a pound of butter for the same room—I let him have it—on 5th April he came again for a pound of butter for 46 room, for Capt. Cox's company—I did not supply that—after he left the shop I sent my servant directly to give him in charge to one of the guards—at the time I supplied him with the goods I believed he came from 44 room, Capt. Cox's company.
Prisoner. Q. What do you say I had when I called? A. Half a pound of butter and a quarter of a pound of cheese—it was not tobacco you had—a woman was in the shop besides me—she is not here—it was between 3 and 4 o'clock in the afternoon—you came again in the evening, about a quarter to 8 o'clock for half a pound of butter for the same room.
SAMUEL JONES , I am a sergeant in the Royal Artillery at Woolwich. I had charge of 45 room—it is for Capt. Cox's company, and 46 also—I do not know the prisoner—he had no authority to order goods for 45 room—I know he belongs to a company, but not Capt. Cox's; he has nothing to do with 45 or 46.
Prisoner's Defence (written), I plead Not Guilty to the first charge; I offered to pay Mrs. Cocking for what I obtained for 1s. 2d., and still wish to pay honestly for what I contracted for, the half pound of butter and the quarter of a pound of cheese; I have already suffered on account of this charge twenty-six days imprisonment in Newgate.
GUILTY . Aged 20.— Confined Three Months ,
Before Mr. Common Serjeant,
MR. SCRIVEN conducted the Prosecution.
JOSIAH FLIGHT . I am a fishmonger, of Union-street, Borough. On 8th April, about 11 o'clock at night, the prisoner came and asked for a penny worth of wilks—he gave me a sixpence, and I gave him 5d., change, and put the 6d. in the till, where there was no other 6d.,—about five minutes afterwards, and before I had left the counter, be returned and wanted a pennyworth of almond wilks, which is a shell-fish of a different sort—he put down 6d„ which aroused my suspicions, and I found it was bad, but did not say so—I said, "Why not give me a penny, when I have just given you change?"—he said, "I have not got one"—I said, "I must go and get change"—as I went in at the parlour door, he said, "I have got 1d."—I did not notice that, and he ran away directly—I followed him, kept a little way behind him, and he was stopped by a policeman 400 or 500 yards off—I gave the two sixpences to the policeman.
CHRISTOPHER NEEDHAM (policeman). I received charge of the prisoner and the two sixpences—I saw the prisoner throw some money away when I took him; he said it was 1d.,—I looked for it, but could not find it.
GUILTY . Aged 21.— Confined Six Months.
GUILTY . Aged 17— Confined Six Months. MR. SCRIVEN conducted the Prosecution.
ANN BARLOW . I am barmaid at the Green Man, kept by Mr. Clifford. On 1st April the prisoners came—the girl asked for a pint of 4d. ale—it came to 2d.—she laid down a shilling; I examined it, it was bad—I cut it into several pieces, chucked them on the counter, the boy picked them up, and they both went away, saying that they could not have the ale, because they had not the money to pay for it—I gave information to my master.
THOMAS CLIFFORD . In consequence of what the last witness told me, I went outside the shop, and saw she prisoners leave a man and go towards Mr. Mercer's shop—the girl went in, and the boy waited outside to watch—he was close to the door, looking in at the window—I went in, making the excuse of getting change, and saw her give the shopman a bad shilling; I took it of him, looked at it, gave it back to him, called a policeman, and gave the prisoners in custody—I left the 1s. in the shopman's hands.
CHARLES BOWLES . I am shopman to Mr. Mercer, a grocer. On 1st April the female prisoner came there for a quarter of a pound of sugar, and a quarter of an ounce of tea; they came to 1 3/4 d.—she gave me a bad shilling—Mr. Clifford came in, and I gave it to him, and he gave it to the constable—I had not lost sight of it—it was passed from me to my master, and to Mr. Clifford—the constable gave it to me—I marked it, and gave it to him again—it was never out of my sight till it was given to the policeman the second time.
EDWARD LOVETT (policeman). The female prisoner was given into my charge by Bowles—I took her to the station, and then went and apprehended the male prisoner—I found on him 1s. 8d. in good money—he said, "Is not that good enough for you? you thought you had copped us to rights, but you are quite mistaken?"—I fancy that copped means "caught"—I searched him a second time, and found 3 1/2 d. in copper on him—he then said, "You have searched me once; you think you have copped us to rights, but you are quite mistaken; we are not such fools as to have anything more found on us"—the female prisoner said, "I should think not"—Bowles marked the shilling in my presence—this (produced) is it—he did not give it to his master after he marked it—it was passed from one to the other.
Conolly's Defence. I know nothing of this female; I was walking along Cold Harbour-lane, Brixton; she came and asked me if I would have a drop of beer; she took me to a pot-house, and called for a pint of ale; the landlady cut the money up, and said it was bad; we went out, and she said, "Now go into this grocer's shop;" I thought she lived there, and while I waited I saw her and a constable come out; the constable came and took me, and said he would try to lag me.
GUILTY .* Aged 15.— Confined Six Months.
MR. SCRIVEN conducted the Prosecution.
drinking together, out of one pot, but cannot say whether they were strangers or friends—there were no other persons there.
EDWARD RUSSELL . My father keeps the Lord John, at Westow-hill, Norwood. On 16th April I saw the prisoners in conversation together outside the door of the house (it is about three miles from Brixton)—Wilkins came in for a pot of sixpenny ale, and gave me a crown piece, which I found to be bad, and gave it to my father, who called a constable, and gave him in charge—about an hour afterwards Clark came in, and called for a glass of ale; he tendered a shilling, which I found to be bad—I gave it to my father, who bent it, and put it on the counter—somebody snatched it up immediately—a constable was sent for, and Clark was taken into custody—the same afternoon I received from Flower a shilling, wrapped up in paper—I gave them to the constable Hipwell.
Clark, Q. Were there not 150 people in the house? A. No, not twenty—you were the nearest person to me by two or three yards when the shilling was snatched up.
JOSEPH RUSSELL . I act as the landlord of the Lord John. On 16th April I received a 5s. piece from my son—I examined it, and found it was bad, in Wilkins's presence—I called a constable, and gave him into custody—at that time Clark was standing outside the door; he came in, pulled me on one side, and said, "Don't give the poor man into custody; let him go; it will cost you a deal of money and trouble"—about an hour afterwards I saw Clark at the bar—my son gave me a bad shilling, and pointed out Clark as the man who had given it to him; he was quite close, and could hear what was said—I bent it double with my teeth, and put it on the counter—it was taken up in a minute, and I lost sight of it—a man was standing alongside of Clark, and a navigator about three or four yards from him on the other side—(here were only those three men at the box; one of them was near enough to have snatched up the shilling—I gave Clark into custody—as the policeman came inside the door, I saw Clark put his hand into his pocket; the navigator, endeavoured to touch his hand, and I heard him drop something on the floor—I said to Clark, "Stand on one side, he has dropped something here"—Hipwell picked up something, and my potman picked up something. Clark, Q., How many people were at your house that day? A. Some hundreds—the men were all paid at half-past 4 o'clock, and it is close to "the Exhibition," and there were at that time about 300 people there, but at the time Wilkins was taken there was not above a dozen—you asked me to drink with you about twenty times, and kept pushing the pot to me, but I only drank with you once—I drank with you on the Monday previous, and took a bad half-crown while you were there.
GEORGE BRITAIN (policeman). On 16th April, about half-past 4 or a quarter to 5 o'clock, I saw the prisoners talking together near Mr. Russell's—I saw Wilkins given in custody to Street—I was afterwards called to take Clark, for passing a bad shilling; I found 3s. 11d. on him in good money—he said he lived at No. 22, Wilson-street, Camden-town—I went there, and they did not know him.
SAMUEL HIPWELL (policeman, P 66), On 16th April, I went to Mr. Russell's shop a little before 7 o'clock, and saw Clark standing at the bar—I searched on the floor close to where he stood, and found these 2s. (produced)—I received these other shillings from Edward Russell—I did not see him pick them up.
Wilkins's Defence. I changed half a sovereign at Kingston, at a beer shop, and did not know the crown was bad; I never saw my fellow prisoner till the Monday morning; as we went to the police station the policeman said, "Do you know this prisoner behind you?" I said, "No;" he said, "I think we can make you know him, for I think we can get you fully committed to Newgate for it. "
WILKINS— GUILTY .* Aged 38.
CLARK— GUILTY .** Aged 48.
Confined Twelve Months
MR. SCRIVEN conducted the Prosecution,
SUSAN JOHNSON . On 28th April, the prisoner Turner came to my father's shop for half an ounce of tobacco, which came to three halfpence; he gave me a shilling—I said, "This is bad;" be said, "Is it?" I said, "Yes, and you know it," and gave it back to him—he then asked for a pennyworth of tobacco, and paid me with a good penny, and went out—I saw Weyland looking in at the window.
Weyland, Q. What do you swear to me by? A. By your coat, by the green ring on your finger, and by your face. I did not then notice the rings you have got in your ears.
WILLIAM NOAKES (police-sergeant). On 28th April, about 1 o'clock, I was on duty, and saw the prisoners in Bermondsey; they stopped frequently and conversed together—they turned into Arbour-place, Rotherhithe, and stopped at Mr. Johnson's shop—they then spoke together; Wayland walked On about ten yards, and Turner went into the shop—Weyland kept looking in at the window—Turner came out, but just before that Weyland moved away from the window—I went into the shop and saw Miss Johnson, who told me something, and I went after Weyland and took him—finding his right hand closed, I asked what he had in it; he said, "Nothing;" we forced his hand open, and found two pieces of paper, in each of which was a counterfeit shilling—I handed him over to another constable, went after Turner, took him, and found a bad shilling on him—I told him I took him for being concerned with another young man in attempting to pass bad money—he said he had not seen any other young man.
Turner's Defence. I did not know it was bad.
Weyland's Defence. I am innocent of its being bad.
TURNER— GUILTY . Aged 19.
WEYLAND— GUILTY . Aged 23.
Confined Twelve Months.
MESSRS. SCRIVEN and POULDEN conducted the Prosecution,
ELLEN SPEARMAN . I am the wife of Thomas Spearman. On 1st May I was at the Hanley Arms—the prisoner came in about 8 o'clock—I served him with half a pint of beer—he threw down a shilling; I gave him the change—he left, and I then found the shilling was bad—my mother went out after him, and brought him back, and a constable—the prisoner said he was not aware that it was bad, and if he was let go he would bring back the change; he said he had spent 6d., which was part of the change—I let him go but he never came back—I gave the bad shilling to the constable.
Prisoner. You chucked the shilling in the till. Witness. No, I did not.
DAVID PEGRAM (policeman, L 161). The prisoner wet given into my custody—I took him back to the Hanley Arms—he was charged with uttering a counterfeit shilling—he said he did sot know that it was bad, and if he was allowed to go he would fetch the change, and come hack in ten minutes—he was allowed to go; it was then a little after 8 o'clock—I received a communication from Mr. Spearman, and about a quarter to 11 o'clock I took the prisoner at the New Dover Castle, Westminster-road, which is about 500 or 600 yards from the Hanley Arms, for attempting to pass another bad shilling there, and another, a few minutes before that, at the Carlisle Arms—I took him to the station, and found on him 4d.-worth of halfpence; he said he had lost the 6d.—I received this shilling (produced) from Mr. Spearman—I pointed out to Revel the spot where I took the prisoner the first time.
ELIZABETH MARY ANN SMITH . I live with my mother, Mrs. Edwards, at the Carlisle Arms, Lambeth. The prisoner came there on 1st May, about a quarter to 8 o'clock—I served him with a pennyworth of gin—he tendered a shilling—I put it in the detector, and told him it was bad; he said, "I have only a sixpence, and if that is bad, you must give me credit"—he gave; it to me; it was good—I gave him 5d. change, and he left, taking the bent shilling with him—it was a George shilling, and, to the best of my belief, this (produced) is it.
CHARLES REVEL (policeman, L 175). On Monday morning, 2nd May, about 7 o'clock, I searched a spot, which Pegram had pointed out to me, near the railway arch by the Dover Arms, and found this counterfeit shilling there (produced),WILLIAM WEBSTER. These shillings are both bad.
GUILTY . Aged 20.— Confined Six Months ,
MESSRS. WOOLLETT and RIBTON conducted the Prosecution.
SAMUEL JOHN URWICK . I manage the business of Henry and Edward Fownes, glove manufacturers, of No. 41, Cheapside; their factory is at Battersea—I have been in their employment sit or seven years—the prisoner was employed by them as a glove cutter—he worked for no other firm, that we knew of—I do not believe there was any special arrangement with him about serving other firms; it is not the custom—nothing was said to him about not serving other firms, but those in our employment are decidedly not permitted to work for other firms; if such a thing was discovered, the person would be discharged—I have been in the habit of delivering work to the prisoner—on 9th April I delivered some skins to him to cut into nine dozen tranks; tranks are unmade gloves—my attention was particularly directed, in consequence of some circumstances, to the skins which I delivered to him for some months back—this memorandum (produced) was made at the time I gave him the skins; it is a copy of the written instructions I gave him—the kid was what we call bottle-green colour—I either gave the skins to him or to the person who took them for him—if I gave any verbal instructions, it would be, "Cut these to these sizes"—I gave a copy of the sizes on a piece of paper; there was no mark on the skins themselves, merely the quantity—the paper and skins were given either to the prisoner or his daughter—his daughter was the person who ordinarily received the skins for him—I wrote
the directions on the paper on the leather first, and made this copy afterwards—I wrote them both together, almost.
MR. ROBINSON for the prisoner, submitted that this paper must be excluded, it being only a copy; the original document being that given with the skins
MESSRS. WOOLLETT and RIBTON contended that both papers were original documents, being contemporaneously made; the same as the case of leases, where a copy was given to each party. The COURT was of opinion that the case was the same as that of a banker or merchant, who would have to produce in evidence a letter sent, not the copy in his letter-book; and, therefore, that the paper now produced must be excluded.—On 16th April the prisoner returned the skins cut up into the right number of gloves, but of smaller sizes than I had directed—there were six pairs of 7 3/4 size, which were too small to be saleable—we did not want them—he had no authority to sell any of our gloves to other parties—I am able to swear to the peculiar texture of the leather I gave him; the shreds of leather would be his perquisites; but anything which would cut into the inside of a glove finger was not his property—if there was a large piece, it was his duty to cut it out and bring it to me—we dye our own skins
Cross-examined by MR. ROBINSON. Q. The prisoner was paid so much for each dozen of gloves? A. Yes; 2s. a dozen—he took the kid home, cut it out there, brought it back to me, aad received payment—he has been a great many years in our employ.
MR. RIBTON. Q. If the person to whom skins are delivered returns you skins of a smaller size than those ordered, what would be the effect of that? A. It would enable him to cut two or three pairs over for himself.
MARY GROVES . I am the wife of William Groves, of 27, Bermondsey-square—I have worked for the prisoner for some time, in sewing and making gloves. On 26th April, I went to his house for work, and he delivered to me three pairs of bottle green gloves, and a pair of black ones—I was taken into custody; taken to Messrs. Fownes—the gloves were produced there—they identified me, and I was taken to the station and afterwards discharged.
WILLIAM WEEDON (policeman, F 337). On 26th April, I was with a brother constable who took the prisoner into custody—we were behind some boards which projected into the street—the prisoner's daughter came to the door of No. 6, Bland-street, Dover-road, looked up and down the street, and then Mary Groves came down the street with something rolled up in paper in her hand—I followed her some distance and apprehended her—she would not let me see what she had got, and I took her to the station and found in the parcel these tranks (produced); three pairs of bottle green and one pair of black ones—I took her to Messrs. Fownes, and gave the gloves to Urwick—about two hours afterwards I went to the prisoner's house with a brother constable, and saw him in the front parlour—I did not hear what my brother constable said, but I heard the prisoner reply, "I am very sorry, it is a bad job"—I searched two rooms down stairs, and found some skins and a quantity more leather (produced)—I believe the prisoner has three rooms, but he said he had only two—he said, "I have bought skins of Bebbington and Morriss, of King William-street, and I have also bought of Mr. Mitchell"—I searched him, and found this letter in his pocket—(read, "167, Aldersgate-street, City, March 10, 1853, Mr. Adams, Dear—I wish you to get up for me the following goods, in the best manner, and work you can, and oblige yours truly, J. Etheridge: 5 dozen 10 dozen men's best black; 5 dozen men's bottle-green ")—I
mentioned the tranks I had found on Mary Groves, and he said he had bought them of Rutter, who had gone to Australia four or five months ago.
Cross-examined. Q. Was a person named Mitchell with you? A. Not with us; he did not come in so soon as me—I will swear it was not Mitchell who said it was a very bad job, and he was very sorry for it—when the daughter came to the door I was about twenty yards off, on the same side of the way, behind a projection five feet high, which I could see over.
JOHN POTTER (policeman). I am a plain clothes man. On 26th April I was with Weedon, behind some boards at the end of Bland-street, watching the prisoner's premises—I saw a female go down the street to the prisoner's house—the prisoner's daughter came outside, and looked up and down—we waited till the female returned, it was Groves; we followed her some distance—she had her hand under her shawl—we took her into custody—she produced a parcel at the station—these tranks (produced) were in it; three pairs are of a bottle green colour, and one pair are black—we went to Messrs. Fownes, at Cheapside, and the tranks were identified—we then went to the prisoner's house, searched, and found a quantity of leather and gloves—I said to the prisoner, "You must consider yourself my prisoner for stealing a quantity of kid leather, the property of the Messrs. Fownes Brothers"—he said, "I am very sorry, it is a bad job"—he pointed out a small quantity of leather in different parts of the room; he had got a large quantity before him, and said, "This belongs to Messrs. Fownes;" he also pointed out another parcel, and said, "These belong to Messrs. Fownes, I have had them for six weeks"—afterwards, in going round, he pointed to these, and said they were his own; then to these (produced), and said, "These are Messrs. Fownes'"—he said all the rest, which was three parcels, were his own—these three pairs of bottle-green tranks he claimed as his own—I found them in the front room—he said he purchased skins of Mr. Mitchell, and of Bebbington and Morriss, of King William-street, City.
Cross-examined. Q. When he said it was a bad job, was anybody else with you? A. Weedon was just behind me; Mitchell was not there then—in consequence of what the prisoner said at the police court, we went to Mr. Mitchell's.
ALFRED INSKIPP . I manage the business of Bebbington and Morriss, of King William-street I have been there twelve months—I have never seen the prisoner there—we sell leather in small quantities, but not kid leather—we might send out two or three bundles as samples of a bale, but if the bale was not purchased they would be returned—we sell no dyed skins, they are white, just as we get them from abroad—if the prisoner had purchased anything at our establishment it would have come under my knowledge.
Cross-examined. Q. That is, during the last twelve months? A. Yes; we have not sold small parcels of kid since I have been there, bat I know that it has been so before I went there—I know a person named Whitehead in Messrs. Bobbington's service.
JOHN KEENS . I am a glove manufacturer. I knew a person named Rutter, a layer out and glove cutter; he lived at Battersea, but he gave up business last July—in July last I purchased of him six dozen kid skins—I cannot say of my own knowledge whether that was his entire stock, but I know this, that he has not been in business since July.
Cross-examined, Q. Did not he say, when you bought them, that they were all he had left? A. Yes
the property of the firm—I know them by the leather and the dye—we dye our own leather; I have not the slightest doubt about them—this (produced) is a sample cut off a corner of one of the skins given to the prisoner—it exactly corresponds with these tranks found on Mary Groves—I can also swear that these other three pairs are made of our leather—I swear to six pairs of tranks.
WILLIAM AKERS . I am a dyer in Messrs. Fownes' service, and live at No. 8, St. George's-place, High-street, Battersea. I do not work for anybody else—I believe these tranks to be of my dye, but cannot swear it—they art of a peculiar shade, which is difficult to match—there is a slight difference between this sample and the tranks found on the woman—they might both have come off the same skin, but the sample is off the end of the skin.
ANTOINE LA BROUSSE . I live in Wands worth-road, and have been employed at Messrs. Fownes' about twenty years, as cutter and sorter. I have the sorting of the skins which are given out to be made into tranks, and from my experience and knowledge of these matters I am able to speak with certainty to the skins of Messrs. Fownes—these tranks found on Mary Groves are Messrs. Fownes' property—the skins are the best which we can pick out among ten thousand, and they are our own dye, which I can speak to by the regularity of the colour; it is a dye which is difficult to match—there would always be variations in it—this small sample has been cut from the shank of the skin—comparing it with the tranks, I am sure that they have both come from the same skin—I recollect some little green skins being given out on 9th April.
Cross-examined. Q. Do I understand you to swear that these came off the same piece? A. They came off the same lot of leather, but I cannot tell whether they came off the same skin—the lots differ in quality and shade, but they are sorted for the purpose—I mean to swear that these are perfectly identical; there is no difference whatever, neither in colour or quality; not the least.
S. J. URWICK re-examined. Q. Looking at the quantity of skins delivered to the prisoner on 9th April, and the sizes of the tranks returned to you on the 16th, would the skins have been wholly consumed in cutting out those tranks? A. They would not; but they would if he had returned larger sizes, or nearly so.
Cross-examined, Q. Are you a sorter? A. I sort occasionally, and cut occasionally; perhaps once a week—I cannot give the precise dimensions of the skins delivered to the prisoner.
COURT. Q. Can you tell to whomyoudelivered them? A. I cannot exactly say whether it was to Adams or his daughter, but I think it was to his daughter that day—I saw the person leave the premises, and take away the skins which I gave—the daughter brought back the tranks on the 16th.
(MR. ROBINSON submitted that this evidence did not support the charge; the prisoner being a bailee, it might amount to a breach of trust in keeping back some of the material, but it was certainly not a larceny. See Reg. v. Harriss, 5 Cox's Criminal Cases.
MESSRS. WOOLLETT and RIBTON contended that the skins in reality remained in the possession of the prosecutors; that they were not given to the prisoner to manufacture, but only to cut out and return in the performance of his duty as a servant; there was evidence for the Jury that when he received them, he intended to appropriate them to his own use, the date of the letter being previous to the time he received the skins; and there was also evidence that he was employed by the prosecutors exclusively. See Reg. v. Harriss, 9, Carrington and Payne, The COURT was of opinion that the
prisoner was a bailee of the goods, and that therefore there was no case for the Jury.)
NOT GUILTY .
(No evidence was offered.)
NOT GUILTY .
Before Lord Chief Justice Jervis
(The COURT informed MR. BODKIN, who appeared to prosecute, that having read the depositions, they did not consider that the indictment could be sustained" the law being laid down that if a person fires into a crowd, and wounds a person, the intent must be to murder the person wounded. MR. BODKIN requested the Court to amend the indictment, under Lord Campbell's Act, by striking out the words "said person," which would leave it, "did shoot at a person unknown, with intent to kill and murder," The COURT considered that in that case a demurrer would lie; and as there was another indictment against the prisoner for unlawfully wounding, recommended MR. BODKIN to proceed upon that.)
(MR. BODKIN conducted the Prosecution, and the prisoner being a foreigner, and undefended, the COURT engaged MR. O'BRIEN to watch the case on his behalf. The evidence was also explained to the prisoner by an interpreter.)
CHARLES FREEBORN . I am fifteen years old, and live with my parents in Bird-street, Lambeth. On 27th April, I was in my master's shop in Union-street, Borough—the prisoner came in shout 9 o'clock, and asked to be directed to Leman-street—he was rather, tipsy—there were a number of boys outside the door; I had not seen them do anything to him before he came in, but as he went out of the shop tome of them pushed him and one of them laid down at hit feet to throw him down—he had a cloak on, which was folded round one arm—I saw him shift something from his right side, what it was I cannot say, but some fire-arm went off directly afterwards—I could not see where his right hand was then; I was at the side of him, but did not notice—there was a boy in front of him, who shifted his head on one side when the pistol went off—I saw a woman crossing the street, she came in a line with the prisoner and the boy, but the boy was nearest to the prisoner—the woman appeared to be hurt, and as if she was going to die—they brought her into our shop, and afterwards she was taken to the station—the boy had not been teasing the prisoner, for a minute before I saw him shift his hand, I saw one on one side of him, and one on the other, and one attempted to throw him down—that made him angry.
COURT. Q. Were they pushing him at the moment the pistol went off? A. Yes; they shoved him behind.
Cross-examined by MR. O'BRIEN. Q. Was he stumbling at the time the pistol went off? A. Yes; but I did not see that his hand came out from under his cloak.
COURT. Q. Something shifted under his cloak and it went off? A. Yes; he shifted it somehow like this (imitating the action)—he only moved it a very few inches—(a policeman here produced the cloak, and was directed to
put it on; upon which the witness pointed out the position of what he saw moving under the cloak, at which part of the cloak there was a bullet-hole. The COURT considered it quite possible that the pistol had gone off through the prisoner being pushed by the boys, he being intoxicated at the time, and directed a verdict of)
NOT GUILTY .
MR. WOOLLETT conducted the Prosecution.
JAMES WILLIAM OAKLEY . I am clerk to the Clerk of the Peace for Surrey. I was present at a trial at the Surrey Sessions; I do not know whether the prisoner was there, or whether I have ever seen him—these documents (produced) were produced on that trial, and were marked by the Clerk of the Peace as they were handed in, I cannot say for what purpose—they have remained in my possession ever since—I cannot say whether they were impounded at the request of counsel—I do not know by whom they were produced.
JOSEPH SOLOMONS . I am an attorney. I acted as adviser to the prisoner on a trial at the Surrey Sessions some time ago—I received these I O U's produced from the prisoner's wife. (The COURT considered that the evidence of this witness would be a betrayal of professional confidence, and that it must not proceed.)
NOT GUILTY .
(Upon which no evidence was offered.)
NOT GUILTY ,
Before Mr. Common Serjeant.
WOOD pleaded GUILTY . Aged 30.
BAYLEY pleaded GUILTY . Aged 20.
Confined Twelve Months
GUILTY . Aged 18.— Confined Twelve Months.
GUILTY . Aged 20.— Confined Twelve Months.
GUILTY . Aged 16.— Confined Six Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
ANN RHODA REED . My husband is a baker, of Bermondsey-square. On 31st March the prisoner, James, came to the shop, between 6 and 7 o'clock in the evening—he said he was a baker, and came after a place—he bought a penny cake, and he gave me in payment a sixpence, which I put in the till; there was no other sixpence there—I gave him 5d. in change; he left and said he would come again at half past 8 o'clock, to engage the place—when he left the shop a constable came in—I took the sixpence out of the till, marked it, and gave it to the constable—the prisoner Smith came in in about five minutes after the constable was gone, and wanted a pennyworth
of new bread; I served him—he gave me a sixpence—I tried it with my teeth, and found it bad—the constable Noakes came in again, and I gave him the sixpence.
Cross-examined by MR. LILLEY. Q. On what day was this? A. 31st March—I do not think it was nearer 7 o'clock than 6 o'clock when James came in—I had taken a great many sixpences that afternoon, but I had taken them out of the till an hour before—I had given change for a sovereign—it was dark out of doors—the gas was lighted—Noakes was not in uniform.
WILLIAM NOAKES (police sergeant, M 15). I was on duty in the Old Kent-road on 31st March, between 5 and 6 o'clock, in company with Hunt, another constable—I saw the prisoners walking together down the Old Kent road—I followed them to Bermondsey-square, which is a mile and a half or two miles—I saw them stop opposite Mr. Reed's shop, at the corner of Bermondsey-square—James went in, and Smith went a few yards beyond, and stood still—I saw James come out of the shop in about five minutes, and join Smith—I went into the shop, and Mrs. Reed gave me a bad sixpence, which she took out of the till—I looked in the till at the time, and there were no other sixpences—she marked the sixpence, and gave it me—I have had it ever since—I came out again, and saw the prisoners about twenty yards away from the shop, they were together—I then saw Smith come back and go into the shop—I was standing right in front of the shop, and I could see into it from where I was—I saw Smith receive some bread, and put down something, apparently some money—I went into the shop, and Mrs. Reed gave me another bad sixpence—she marked it previous to my receiving it, in my presence—I took Smith into custody—I found on him one good sixpence, nothing else.
Cross-examined. Q. You were in plain clothes? A. Yes—it was dark—it was about half past 6 o'clock—I was standing ten or fifteen yards from the window, looking in—the shop has not two fronts.
WILLIAM HUNT (policeman, M 247). I was with the last witness that evening—we were both in plain clothes—I saw both the prisoners in Bermondsey-square in company—I saw James go into Mr. Reed's shop, and come out—I took him into custody twelve or fourteen yards from the shop—I took him after Smith went in—when I took James he got his right hand into his coat pocket—I wrenched his band out of his pocket, and saw a paper drop from his hand—it contained two counterfeit sixpences, and another one laid close to the paper, which came out of the paper in its fall—I saw the paper drop from his hand—I searched his pockets, and found a counterfeit shilling in his right hand trowsers pocket and 5d.-worth of halfpence—I have the three sixpences and the shilling.
Cross-examined. Q. When did you find the shilling was counterfeit; was it not the following morning? A. No, about 9 o'clock that night—it was in James's pocket with the 5d.—I searched him in Mr. Reed's shop—I did not find the shilling then to be counterfeit—I put the money I found into a piece of paper, put it into my pocket, and conveyed it to the station—I took James about fourteen yards from the shop, not standing in front of it; he was the other way—the street leads to Bermondsey Church—there were two sixpences in the paper, and a third laid about half an inch from it—I did not see a butcher there—he did not take up the money; I picked it up myself, and no one else—I was carrying James in my arms when he dropped it, as he struggled very much—he had his right band in his coat pocket—I had seen the prisoners together before James went into the shop, walking by the side of each other—I heard some conversation, and saw them speaking together.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint; these are all counterfeit—the three sixpences that fell from James, and the one that was uttered by Smith are from one mould—the other sixpence is from a different mould—the shilling is also counterfeit.
Smith's Defence, I was not with this prisoner at all, I know nothing about him; it is quite a mistake on the part of the officers; I went to get 1d.-worth of bread; she said the sixpence was bad; I said, "Is it?" and was going to take another out of my pocket, and the officer came in and took me.
JAMES— GUILTY . Aged 18.
SMITH— GUILTY . Aged 19.
Recommended to mercy by the Jury.— Confined Six Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
SUSANNAH BRYANT . My husband keeps the Crown, in New Oxford-street. On 21st March the prisoner came about 5 o'clock in the evening for a glass of 6d. ale—he gave me a bad shilling in payment—I put it in the detector, and bent it nearly double—I told him it was bad, and he said if I would give it him back be would give me the 1 1/2 d. for the ale, as he knew where he took the shilling—I refused to do that, and called my husband—we sent our lad for a policeman, and the prisoner was given in custody—he paid for the ale with a 3d. piece—when I went to call my husband I left the prisoner at the bar, and when I came back a man and woman who were there told me that the prisoner had tried to go away—that he was walking away, and they told him if he knew it was not a bad shilling he had better wait, and get his change.
Prisoner. Q. Can you swear that that was said in my presence—that I endeavoured to make my escape? A. Yes; they told me in your presence that you tried to get away.
Prisoner. I merely walked over to the gas.
JOHN SARGENT (policeman, E 120). The prisoner was given into my custody on 24th March—I found 1 1/2 d. on him—I received 1s. from Mr. Bryant—the prisoner was taken to Bow-street, and was discharged the next day.
WILLIAM LEECH . I keep the East Surrey brewery tap, at Camberwell. I saw the prisoner on 18th April; he came for a glass of porter—he gave me a shilling; I gave him 11d. change—he turned out of the door, and as he was going I put the shilling in the detector and found it was bad—I followed the prisoner, and accused him of passing a bad shilling—he said he was not aware of it—I told him to give me my change back; he did—I then collared him, gave him in charge, and gave the shilling to Webb, the constable—I am sure it was the same shilling.
Prisoner. He followed me 150 yards, and said if I would give him the change he would give me a kick and let me go; when I left his house he had put the shilling in the till. Witness. No, I had not, I kept it in my fingers; I told him to give me the change, and said I should keep him till I got an officer.
RICHARD WEBB (policeman, P 325). I took the prisoner, and received this shilling from Leech—I searched the prisoner at the station, found a counterfeit sixpence wrapped in two bits of paper in his fob pocket.
Prisoner's Defence, Do you think it just, after a man receiving hit change, in twenty minutes or half an hour afterwards to be made to return the change when he knows that his money was good?.
GUILTY . Aged 20.— Confined Six Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
MARY WYATT . I live in James-street, Blackfriars-road, and am servant to Mr. Foulger, who keeps a pie shop. The prisoner came there on 15th March, about 7 o'clock in the evening, for a pie; it came to 1d.—he gave me a shilling—I tried it, and found it to be bad—I called my master, and gave it him—he gave it back to me—the prisoner walked out, and then he commenced running—my master ran after him, and brought him back—he sent for a constable, who came in about two minutes—I gave my master the shilling back, and saw him give it to the constable—I did not put it in the till—I am sure it was the same shilling—I did not lose sight of it at all.
THOMAS CURTIS (police sergeant, L 78). On 15th March I went to Mr. Foulger's shop, took the prisoner, and received this shilling—he said he had it from a man named Joseph Smith, but he did not know where he lived—I found on him 2d. in copper, and two caps—he was taken to the police court, and was discharged—he there gave the name of Joseph Smith, and he said he bad the money from Joseph Smith.
Prisoner, Q. I paid you for the beer? A. Yes—I said, "How many more of these have you got?" and you said, "I have got no more"—you attempted to run away, and we both fell down together at the door.
Prisoners Defence. I work down Thames-street, to get my living, where I took the money.
GUILTY . Aged 33.— Confined Six Months.
Before Mr. Recorder,
MR. O'BRIEN conducted the Prosecution.
FREDERICK CORNEY . I am a shoemaker, and live at No. 42, Southwark Bridge-road. On 28th March I called a cab in Cheapside, about 9 o'clock at night—it was by the pavement—I had a parcel and a bag with me—the bag contained two coats, a pair of boots, and other articles—I drove to Southwark Bridge-road, where I was going to reside—I was perfectly sober—the prisoner drove the cab—I have no hesitation in saying that—immediately after the cab went away I missed the articles stated—I had two boxes on the outside of the cab—the prisoner took them in doors for me, and I think I assisted him in doing it—when I missed these articles I went in pursuit of the cab—I could not see it, and very soon gave it up—I went to the police station, and I went afterwards to the Hackney Coach-office, in Broad-street—I was on the look-out for the man who drove me till the 1st April, when I was in
Lothbury, and saw the prisoner on the coach stand—he was at the head of the rank, walking in front of the cab—I recognised him in a moment—directly I spoke to him he drew his upper coat over him, and my coat was on him underneath—when he attempted to hide my coat I told him it was not worth while to do that—I said, "You know whose coat that is; it is mine"—that was the first thing I said to him—I looked at him first—he said, "It is my own"—I said, "It is not worth while for you to tell any untruth about it; you know very well whose coat it is, and where you had it"—he still persisted in saying the coat was his—I spoke to a policeman, who was passing, and gave him in charge for stealing the property left in the cab—this is my coat, and one that was in my parcel—I saw it taken off the prisoner at the police office—I am quite clear it is mine—I had had it about two years—there are several marks on it—here is one; a piece was taken out to repair it—originally the cuffs were turned over, and that has been cut off, and the pockets are lined with a peculiar kind of stuff.
Cross-examined by MR. PAYNE. Q. Where did you get it? A. It was made for me by a tailor in Devonshire—the things I lost were under my special care in the cab—I got out of an omnibus in Cheapside, and got into a cab directly—it would be difficult for me to say what part of Cheapside it was—I cannot tell whether I came past St. Paul's, it was at night—I had been in town about half an hour—I had come from the station at Paddington, and I went as far as the omnibus would take me, and then got out and got the cab—I had been travelling all day—I came from Plymouth, and was very tired—I was glad to get some refreshment and get to bed—this is where the piece was taken out of this coat to repair it—the piece that was taken out was inserted on the right sleeve—here is the place—what I said at first was, that there were sufficient marks about the coat to enable me to swear to it—my black coat was in the bag, and my trowsers in the parcel—I should think this coat is worth about 6d.—I have not found any of the other things.
MR. O'BRIEN. Q. What was the value of the other articles you lost? A. In all between 4l. and 5l.
ROBERT TAYLOR (City policeman, 144). The prisoner was given in my charge on 1st April—he was taken from Lothbury stand—he was wearing this coat—he said he had bought it in Petticoat-lane twelve months before—the prosecutor pointed out the marks on the coat after it was taken off the prisoner—articles that are left in cabs should be returned to the Excise-office in Broad-street—I searched the prisoner's lodgings at No. 14, Gloucester-street, Curtain-road, in the back room on the first floor, but found nothing relating to this case.
Cross-examined. Q. You have not found any of the missing articles nor duplicates of them? A. No—I cannot say that I know the prisoner—I should think cab men are obliged to have a good character before they get a license.
GUILTY . Aged 24.— Confined Twelve Months.
ADJOURNED TO MONDAY, JUNE 13TH, 1853.