CENTRAL CRIMINAL COURT.
CHALLIS, MAYOR. EIGHTH 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, June 13th, 1853.
PRESENT—The Right Hon. the LORD MAYOR; Sir GEORGE CARROLL, Knt., Ald.; Mr. RECORDER; Mr. Ald. SALOMONS; Mr. Ald. FINNIS; and MR. COMMON SERJEANT.
Before Mr. Recorder and the First Jury.
670. HENRY TAYLOR was indicted for embezzling the sums of 121. and 43l. 15s.; also, 14l. 19s. and 18l. 19s. 6d. the moneys of George Bishop and others; also, obtaining 20l., the moneys of Thomas Frazer Wilkins, by false pretences: to all which he pleaded
GUILTY . Aged 28.— Confined Twelve Months.
EDWARD GODSON . I am in the employment of my father, an ironmonger in Aldersgate-street. On 16th May, about 1 o'clock in the day, I was in Aldersgate-street—two men spoke to me, and I missed my handkerchief—it was a red one with white spots—I have not seen it since—I am quite sure I had it in my pocket when I went out.
SAMUEL GOULD . I am a confectioner. About 1 o'clock, on 16th May, I was in Aldersgate-street, and saw the prisoner and two others following Mr. Godson—the prisoner took a handkerchief out of Mr. Godson's pocket—the other two then ran away—the prisoner stood still a minute or two, and then ran off—I could not follow him, as I had a bad foot—I gave information—I am sure the prisoner is the boy; I knew him by sight about Aldersgate-street.
FRANCIS READING . I am a cab driver. I was in Aldersgate-street, and saw the prisoner take a red silk handkerchief out of Mr. Godson's pocket—he put it under his jacket, stood several minutes at the corner of a court, and then ran away—he had two companions with him, who also ran away—I could not interfere, being ill at the time.
May, I took the prisoner about the middle of Aldersgate-street, just by Westmoreland-buildings, having received information from Gould and Reading.
Prisoner's Defence. I come along Aldersgate-street every day; but if I had taken the handkerchief, it is not likely that I should have gone to the same spot again.
GUILTY .**† Aged 17.— Confined Twelve Months.
MR. PAYNE conducted the Prosecution.
ELIZABETH ROSE . I am servant to Mr. Bliss, the barrister, of No. 11, Bentinck-street, Manchester-square. On the night of 12th May, about 10 o'clock at night, I saw the prisoner at the door of No. 12, which is opposite, trying to open the private door with a latch key—after he had tried twice, he turned away as if he was waiting to be let in, but as he did not knock or ring, I watched, him—he went away—he afterwards returned, tried the door a third time, it opened—he went in and shut the door after him—I told the landlord's daughter, and a policeman was called.
Cross-examined by MR. SLEIGH. Q. Might not it have been earlier than 10 o'clock? A. No; I went out on an errand at 10 minutes to 10 o'clock, and had come back—I was in the street, waiting to be let in—I do not know how he opened the door.
MR. PATNE. Q. Did he knock or ring? A. No; before be tried to open the door I saw him put his hand in his coat pocket.
JOHN CROSSLEY . I live at No. 12, Bentinck-street, with my wife and family, and a lady lodger. No male person lives in the house but myself—I know the room in which the prisoner was found; it is Mrs. Wright's bedroom, the lodger—she has not a latch key—a latch key which was found in that room has been shown to me, it does not belong to the house—the door, when closed, can only be opened with a Bramah key.
Cross-examined. Q. I suppose you have applied the key to the lock? A. I have not; I have compared it with my own (produced)—it exactly corresponds—Mrs. Wright is not here—she has lived with me about two months, and lives there still—she always rings or knocks when she comes in; Indies never carry latch keys—my servant lets her in, and not me—I am very much at home—Mrs. Wright does not very often come home late.
COURT. Q. What are you? A. A perfumer—Mrs. Wright is about thirty-five years of age, and is a respectable lady, an officer's widow; she was presented at Court at the last drawing-room.
JOHN BROWNING (policeman, D 132). On 13th May I was called to No. 12, Bentinck-street—I went to the second floor front, a bedroom, and when I got to the top of the stairs, the prisoner opened the door of that room (he could have heard me coming up stairs)—I asked him what he was doing there—he said he was waiting for a gentleman—I took him to the station, searched him, and found these two keys on him (produced), and several lucifer matches—he said he was a painter—neither of these keys will open the street door—I went back to the house about half an hour afterwards with another constable, and saw him find a key behind a box near the door of the room where the prisoner had been—it opens the door of the house.
COURT. Q. Who was in the room where that key was found? A. The lady of the house; not the lady who lodges there.
MR. SLEIGH to JOHN CROSSLEY. Q. Was Mrs. Wright at home on this night? A. No; she did not come home for an hour afterwards, at the least—if the prisoner had been there at her invitation, I should not have known of it; but she was dining out that day.
MR. PAYNE. Q. Was she at home when the policeman found the key? A. No—there was no gentleman that the prisoner could he waiting for; we had no gentleman in the house—it is in the parish of St. Mary-le-Bonne.
JURY. Q. Was there any property in the room? A. Yes, all the lady's trinkets and jewellery were on the table; the box in the room was full of things, and was not locked—I do not know the prisoner at all—I did not allow the lady a latch key—we have two keys to the street door; my wife keeps the other one—she is not here—I have not seen the other key in her possession since this transaction, but I presume she has it still.
GEORGE MASTERS (policeman). I went with Browning to the house after the prisoner was in custody, and found this key lying on the floor behind a box, close to where the prisoner had been standing—I fitted it to the lock, and it opened the door.
The prisoner was further charged with having been before confided.
CHARLES ROBERTS (policeman, D 107). I produce a certificate—(read: "Central Criminal Court. John Wilson, convicted November, 1850, of larceny in a dwelling house. Confined Six Months")—I was present—the prisoner is the person—he had also been summarily convicted before that.
GUILTY. Aged 22.— Transported for Ten Yeats.
GUILTY . Aged 32.— Confined Four Months.
GUILTY . Aged 21.— Confined Six Months.
GUILTY . Aged 24.— Confined Twelve Months.
WILLIAM SHEPHERD . I am a grocer, of Whitechapel. On 20th May I was on Tower-hill, looking at some pensioners being drilled—Nash spoke to me—I put my hand in my pocket and missed my handkerchief, which I had in my pocket not a minute before.
RICHARD WEDD NASH . I am a carman, living at No. 4, Old George-street, Bermondsey. I was on Tower-hill with my horse and cart, and saw the prisoner, who I knew, having often seen him before, take a white pocket handkerchief out of Mr. Shepherd's pocket and pass it to another man—I told Mr. Shepherd, followed the prisoner, and pointed him out to a policeman—I am sure he is the man—since then I met the man who took the handkerchief; he saw me, and ran away.
JOSEPH BRAY (policeman, H 49). I took the prisoner, who was pointed out to me by Nash—he said Nash was a false-swearing man, it was not him at all—I have known the prisoner for eight or nine years in that neighbourhood.
GUILTY . Aged 27.
It was stated by George Chitsey, an officer of Bridewell, that the prisoner had been under his charge for picking pockets nineteen times since 1840, besides once for assaulting the police.
Transported for Ten Years.
MR. BALLANTINE conducted the Prosecution.
EDWARD PATTINSON . I am clerk to Depree and Austin, solicitors, of Lawrence-lane; I was clerk to the late Recorder. On Sunday night, 22nd May, I was at the foot of Holborn-hill, trying to put two little girls into one of the penny omnibuses, by the City Arms public house—there was a great crowd—I heard something crack at my left side, put my hand down, and touched the prisoner's hand, which was near my waistcoat pocket, where my watch was—I laid hold of his coat, and called "Police!"—I missed my watch—I did not lose sight of the prisoner—I am certain he is the man.
Cross-examined by MR. LILLEY. Q. Had two omnibuses come up, which were full? A. Yes; and persons who were waiting rushed up to the next before those who were in it had alighted—the prisoner was at my side, and others were at my back—I do not remember that I had looked at the watch since 9 o'clock, but I know I had it, because I saw the prisoner look at me and nod, in Victoria-street, five or six minutes before, and I put my hand to my watch, thinking that very strange—I found it was all right—I had never seen the prisoner before, but have no doubt of his being the man.
WILLIAM HENRY WORRALL . I am clerk to Mr. Cook, the barrister. I was with Pattinson, waiting to put two young ladies into an omnibus, and saw the prisoner there in the crowd—I afterwards saw that Pattinson had hold of his hand—he held him by the coat collar till a policeman came—I saw the prisoner's hand outside Pattinson's pocket.
Cross-examined. Q. Was he not trying to get into the omnibus like other people? A. He was in the crowd.
JOHN WILLIAM HEX . I take the skids from the omnibuses at the foot of Holborn-hill, and have done so for twenty years—I found a watch on this evening at the corner of Farringdon-street, outside the door of the City Arms, about half a yard from the kerb.
CHARLES JONAS WRENCH (City policeman, 211). On this Sunday night I heard a cry of "Police!" at the corner of Victoria-street, and found the prisoner in charge—I took him—this watch (produced) was afterwards brought to the station by a man.
Cross-examined. Q. How long after you bad taken the prisoner to the station was the watch brought? A. Ten minutes or a quarter of an hour afterwards.
Cross-examined. Q. How do you know it? A. Here is the bill of it, containing the maker's name, and the number of it—I was about a yard from the kerb-stone when I lost it—it was fastened with a chain round my neck.
The prisoner was further charged with having been before convicted.
BENJAMIN ADAMS (City policeman, 214). I produce a certificate (read:"Central Criminal Court. James Hayes, convicted April, 1848, of stealing money from the person. Confined Three Months")—I was present—the prisoner is the person.
GUILTY.** Aged 19.— Transported for Seven Years.
NEW COURT.—Monday, June 13th, 1853.
PRESENT-Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. FINNIS; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
JOHN THOMAS SMITH . I am a soldier in the Royal Artillery. About a fortnight ago I was in the Crooked Billet public house, Tower-hill—I went into the tap room between 2 and 3 o'clock—I took my coat off and laid it on a form—I was talking to some soldiers of the Guards—I got up to go away, and missed my coat—I have never seen it since—I saw the prisoner in the tap room—she had not been in company with me—I had not seen her before—it was a blue cape coat, like this one.
EDWARD JEMMETT . I was in the Crooked Billet, on 11th May—I went in about 7 o'clock in the evening, and stayed till about 9—I saw Smith talking to some foot guards—the prisoner was on the opposite side of the form—I am sure it was her—I saw Smith with a blue coat like this one—he put it across a form—I saw the prisoner put it under her arm» and take it out—I am quite sure she is the person—I went with the soldiers to look alter her, but could not see her.
NATHAN NICHOLAS (policeman, H 36). On the evening of 12th May I took the prisoner at the Crooked Billet—as we were going to the station she said she was going to take it to a leaving shop in Castle-street, to get some money on it—she said she had taken it to a pawnbroker's in the Mi nodes, and they, were shut up, and, as she was going down Rosemary-lane, a woman stole it from her arm, and she had not seen it since.
Prisoner's Defence. I went to get half a pint of beer, and a young woman said she was to take this young man's coat, and get some money; she asked me to go with her; when we got out she asked me if I would pawn it; I said I did not know where it was; she asked me again, and I took it, and as I was going along a woman ran against me, and took the coat; I went after her, but could not find her; I went and inquired; I went the next day to the Crooked Billet, and was taken.
NOT GUILTY .
GUILTY . Aged 48.— Confined Three Months.
MR. PAYNE conducted the Prosecution.
FREDERICK MORGAN . I live at Datchet-common; I drive a carrier's cart for my father. On Wednesday, 25th May, I had a parcel in the cart from Messrs. Keen, of Horton Mills—I got to Giltspur-street, and the parcel was then in the cart—I was opposite Mr. Tucker's, the cart was standing there—I saw the prisoner get into the cart, pull the parcel forwards, and place it on the fore ladder—he then shook the sacks up which were in the bottom of the cart—he got down, and I asked him what he was going to do with that parcel—he said another man had sent him from another cart for it—I did not see any other man, and he did not point out any other man—I saw one cart
of Mr. Tucker's there, but there was no horse in it, and no man with it—Mr. Tucker came to me, and kept the prisoner till a policeman came.
Cross-examined by MR. SLEIGH. Q. Did the prisoner attempt to run away? A. No; I had driven the cart from Datchet-common—my little brother was with me and Mr. Stealer's brother—no strange man spoke to me—I did not give any man a lift on the cart—I did not stop at any public-house from the time I left Datchet—I had nothing to deliver till I got to Mr. Tucker's—I stopped just against the Duke of Wellington, at Hyde-park—I did not stop from that time till I got to Giltspur-street—I saw a cart without a horse in it—I did not see other carts and horses in the street—I am in the habit of driving a horse and cart in London—I often go to Giltspur-street—I do not know that there were other horses and carts close to me—I will not say there were not—the prisoner had got the bundle on the ladder of the cart at the time I spoke to him—he was just got on the ground—I did not see that he had a book in his hand—he made no attempt to rim away.
MR. PAYNE. Q. Did he show you the cart or man? A. No; I did not see any other cart besides the one without the horse.
COURT. Q. Where did you take this parcel from? A. From Messrs. Keen's, at Horton Mills; I brought it to London—it was to be delivered at Hammersmith—I had come through there in the morning, but they were not up, and I bad to leave it in going home.
FREDERICK TUCKER . I am the son of John Tucker; he lives in Giltspur-street. On Wednesday, 25th March, I saw the prisoner in Morgan's cart—he took a parcel from the hind part of the cart, and placed it on the fore ladder—Morgan ran across Smithfield, towards our yard, and the cart was standing outside our yard—I went to Morgan, and said, "What is the matter, Fred?"—he said, "This man has taken a parcel out of the cart"—I caught hold of the prisoner, and held him till a policeman came—the prisoner said, "Hold, hold! let me go; I will show you the man who sent me for it. "
Cross-examined. Q. But you held him tight? A. Yes; he did not struggle to get away—he invited me to accompany him to the man—I did not think proper to acquiesce in the proposal.
MR. PAYNE. Q. Did you see any other cart? A. There was one cart outside, but it had no horse in it—there was no other cart there—the prisoner did not point to any man or cart.
WILLIAM ALLEN (City policeman 263). I took the prisoner in custody from Frederick Tucker—the prisoner said, "A man with a horse and cart gave me this book," producing one, "and told me to fetch the parcel from out of the cart"—I have looked through this book—there is a pencil mark or two in it, but no writing that you can understand—I said to him, "Where is the man with the horse and cart?"—he said, "I don't know him, I can't see him now"—I said, "Where was he?"—he said, "There," pointing towards Smithfield—I took the parcel off the railings; it contains twenty-five shawls—I took the prisoner.
Cross-examined. Q. Did be not say the man told him he would give him a pint of beer for his trouble? A. Not in my hearing.
(The prisoner received a good character.)
NOT GUILTY .
GUILTY .** Aged 14.— Confined Six Months.
GUILTY . Aged 18.— Confined Four Months.
GUILTY . Aged 23.— Confined Six Months.
OLD COURT—Tuesday, June 14th, 1853.
PRESENT—Sir JOHN MUSGROVE, Bart, Ald.; Mr. RECORDER; and Mr. Ald. FINNIS.
Before Mr. Recorder and the Second Jury.
GUILTY . Aged 20.— Confined Six Months.
GUILTY . Aged 19.— Confined Four Months.
THOMAS MATTHEW BRAGG . I am a clerk in Newgate Market, and lodge at the China coffee house. The prisoner lodged in the same room with me—he left on Sunday, 15th May—I had not known him before—I paid fur his bed, thinking he was badly off—when I came home on Monday my trowsers were gone, my box was broken open, and a concertina was taken away, which I have not seen since—the prisoner never returned—I saw him on the Friday at a coffee shop in Sun-street with my trowsers on, and gave him in charge.
Prisoner. I bought the trowsers of you on the Sunday morning, and you told me not to take them away on a Sunday, as it looked so bad. Witness. You mentioned to me on Sunday morning that you should like to have the trowsers, and I said I would consider of it, but I never received a halfpenny from you—I am quite sure I did not give you possession of them; I left them hanging on the rail, and the concertina in the box—nothing was taken from the box but the concertina.
Prisoner. The concertina was not in the box.
DAVID BRUCE (City policeman, 614.) On Friday, 20th May, Bragg gave the prisoner into my charge in Sun-street—I searched him, and found eight duplicates on him, and he was wearing these trowsers (produced), which Bragg claimed.
Prisoner's Defence. I was in the prosecutor's bedroom, and asked him if he would sell me the trowsers; he said yes, I should have them for 2s., only I was not to take them away on Sunday, because it looked so; I know nothing of the concertina or the box.
said he should like to take them over for his father to see them—that was all that passed—my best clothes were in the box, as well as the concertina.
GUILTY of stealing the trousers. Aged 19.— Confined Four Months more.
MR. RYLAND conducted the Prosecution.
SARAH HERITAGE . I am the wife of John Heritage, who keeps a beer shop in Rope maker-street, Finsbury. On Tuesday, 24th March, about half past 2 or 20 minutes to 3 o'clock, I saw my husband's watch hanging in the bar parlour—shortly before I missed it a boy came in—I cannot swear that the prisoner is the lad, but I know him very well by his serving in his father's shop—the lad said he had dropped a penny down the area; I said, "If you come in the morning you shall have it;" he went outside, and presently three boys came in—I am not certain whether the first boy was one of them, or whether the prisoner was one of them—they asked for a pint of beer, I served them—they were outside the bar—they wanted some bread and cheese—I did not like their appearance, and would not give them any; upon which they went out and brought some in, and asked me to let them have a knife, which I did—I kept my eye on them, but my parlour is dark—I cannot swear to either of them, but have every reason to believe the prisoner is one of them—one of them asked me to let him go into the yard; I said he might go; when he got into the passage the dog interfered with him, and fearing the dog might do him an injury I went to him, leaving no one in the place; when I came back the other two boys we're gone; the boy who had gone to the yard went after them, and I then missed my watch—I went to the station directly—this is the watch (produced), I saw it on the following Thursday at the pawnbroker's—the boy never went into the yard, the dog would not let him; he only went into the passage.
JOHN MARK BULL (City policeman, 151.) I beard of this robbery, and on 8th June took the prisoner at his father's house, 67, Chiswell-street—I told him he was charged with being concerned, with two others, in stealing a watch from a beer shop—he made no answer—I asked him where he was the day before the Derby day, in the afternoon; he said he was out, but he did not know where he was—I took him to Mrs. Heritage, who said in his presence, "That is one of the boys"—he made no reply—I took him to the station, searched him, and found 3s. 4 1/2 d. on him.
JACOB TURNER . I am in the employ of Francis Cotton, a pawnbroker, of Hackney-road. I produce a silver watch, which I took in pledge on 24th May, I believe from the prisoner—I have the counterpart of the ticket—it is pledged in the name of William Reece, 14, Artillery-place—I advanced 1l. on it—I have never seen the prisoner before, but have no doubt about his being the person.
JOHN BURGOYNE . I am in the service of Mr. Case, a tailor, of Ropemaker-street, opposite Mr. Heritage's. On Tuesday, 24th May, I was at work there between half-past 2 and 8 o'clock, and saw three boys go in to Mr. Heritage's—the prisoner is one of them—I know him by sight well, and have no doubt of him—one came out first, and went down the street, and about two minutes afterwards the other two, of whom the prisoner was one, came out together—the prisoner was the last that came out—I had seen him before in the neighbourhood—Mrs. Heritage did not come out till after they had gone down the street—then she came over and told us—I did say before the Magistrate, "I cannot swear to the prisoner as one of the boys," but 1 have no doubt about it—I believe he is the boy.
Prisoner. Q. Had I a hat or a cap on? A. A hat.
SARAH HERMITAGE re-examined. The boys were all in company till one left to go into the yard, and during the time I was in the passage the other two slipped out with the watch—the one with me then went right out at the door, and took no notice—there was nobody else in the bar or the parlour.
Prisoner's Defence. If the policeman was looking after me he might have seen me, because I was in my father's shop serving until the day I was taken.
GUILTY .** Aged 17.— Confined Six Months.
MR. PIATT conducted the Prosecution.
MART ANN KIPPS . I am the wife of Richard Kipps, of Henry-place, Longlane. On 3rd of June, about 9 o'clock at night, I was at Oxford Arms-passage, Warwick-lane, Newgate-street—the prisoner came up to me, and said, did I want her—I said, "No"—she said, "You are wanted down here"—I said, "Who wants me?"—she said, "You go"—I said, "No," and she seized me with her left arm round my neck, and I felt a scratch at the side of my neck—she then threw a quantity of pepper in my face, out of her hand—I then saw her change a razor from her left into her right hand, she cuddled me in tome way with her arms, and I felt the sharp edge of the razor passed all over my throat—I had a shawl and a handkerchief tight round my neck, which were both cut through, but my throat was not cut—it was just scratched, but did not bleed—I think the mark is gone now, but I was cut across the breast—the skin was cut through—it bled a little, but very trifling—I put my hands up with the intention of seizing her arm, and my fingers went across the edge of the razor, and it cut all my fingers, two of them very severely—the top of one of them was very nearly cut off—the prisoner's hands were seized, and I went to the hospital, and had my fingers dressed—my shawl is not here.
Cross-examined by MR. SLEIGH. Q. I believe you were in the service of a person named Pike? A. My husband wait—he did net reside there—the prisoner was servant to. Mrs. Pike—there is no Mr. Pike—there were some jealous feelings in my mind as regards my husband's conduct with the prisoner, but the jealousy rested more with my husband than with her—I was more vexed with him from what had been transacted before than I was with her—this was on Monday—I had not been in company with the father and mother of the prisoner on the previous Sunday evening—I went to her father's house on the Monday afternoon—I did not meet the prisoner on the Sunday evening, and have angry conversation with her, but we watched her, and saw her meet my husband—I am certain of that—I was a little beyond Christ Church-passage, and saw the prisoner come there, my husband came from the opposite side of the street—they met in the middle of the road, but directly he saw his mother and me he ran away.
Q. When you came up with the prisoner had not you and your mother angry conversation with her? A. We called her a bunter, for knowing that he was a married man and had four-children—she did not say it was not her fault, but was altogether my husband's fault; she denied it altogether—she did not deny having any improper intimacy with my husband, and say it was him who had followed her; she did not say she had seen him at all that evening—I did not tell her I should like to stab her, I never thought of such a thing; nor did my mother say so—I did not go to the father and mother of the prisoner the next morning; I saw her mother next day, I did not tell
her her daughter would be soon in Newgate; I said, "I am very sorry to understand that your daughter carries a knife about, but you may depend upon it, that if I saw the knife, I should lock her up"—I had no angry words with the prisoner on this evening before she cut me with the razor; nothing further passed than what 1 have said.
COURT. Q. What is the meaning of the word bunter? A. It is a word that my husband is in the habit of using, I suppose it means a whore; I called her the same.
THOMAS BAILEY . I am a carpenter, living at No. 10 Evangelist-court, Broadway, Black friars. I saw the prisoner and prosecutrix together on this night; the prisoner had a razor in her right hand, like this one produced—the prosecutrix's hand was bleeding very much—I believe the prisoner was sober.
Cross-examined. Q. You did not see any of the altercation? A. No; I came up just as it was over.
SUSAN MARSHALL . I am the wife of Jacob Marshall, a policeman. I am female searcher at the Smithfield station—I searched the prisoner, and took from her pocket this razor-case, and the key of a street door—she said, "I went into St. Paul's Churchyard this morning to buy this razor, for the express purpose of cutting this woman"—she was quite sober.
Cross-examined. Q. Before she made that statement had you some conversation with her? A. No; two of her fingers were cut, and the blood was streaming from them; she was sent to the hospital to have them bound up—she did not say that the prosecutrix had improperly accused her.
GUILTY of unlawfully wounding. Aged 24.
(William Ford, of Oxford Arms-passage; William Dudling, landlord of the Oxford Arms; and Daniel Mack, the prisoner's father, gave her, on a subsequent day, an excellent character.) Confined Twelve Months.
FREDERICK WINTER . I am a ruche manufacturer, which is a kind of fancy trimming; I live at No. 11, Elder-street, Finsbury. The prisoner was partially in my service three hours a day to take orders and sell goods for me, but he had no authority to receive money for me—I always sent the goods by my boy; the prisoner only went with samples to obtain orders—I collect myself—I know the prisoner's receipt; this receipt (produced) is in his writing—he had no authority to sign it, or to receive the money—he received it after he had left my service for the day—he was in my service from 9 to 12 o'clock, after which he was at liberty to work for any other person—he has never accounted to me for this money; it is 3l. 4s. 6d.—Sugden, Bores, and Co. owed me that amount—the prisoner told me on the Saturday after he left me that he got into bad company and spent the money.
CHARLER RIDLEY . I am clerk to Messrs. Sugden, wholesale warehousemens; they owed Mr. Winter 3l. 4s. 6d.—I do not remember the prisoner coming for orders, but I know I paid 3l. 4s. 6d. to somebody, who gave me this receipt for it—I cannot say whether it was written in my presence, as I paid perhaps 200 or 300 people on the same day—I have no recollection of the circumstance—I cannot say whether the invoice was produced to me by the person I paid, or whether it had laid two or three days in my office—I never offer travellers money unless they bring an invoice for it.
FREDIRICK WINTER re-examined. This invoice is in my writing, but the receipt is the prisoner's—he was to get orders in my name, not in his own—I made this invoice out on the 13th, and it was delivered, with the goods, by ray boy, who has left since the money was received on the 16th—the boy gives the invoice to the young lady who receives the goods, and she signs it—she is not here.
NOT GUILTY .
GUILTY. Aged 22.— Judgment Respited.
691. WILLIAM MOORE , embezzling the sums of 9l. 1s., and 36l., 16s.; also, 3l. 12s., 3l. 12s., and 6l.; also, 3l. 12s., and 3l. 12s., the moneys of William Blackwood and another, his masters; to all of which he pleaded
GUILTY . Aged 27.— Confined Twelve Months.
692. In the case of JOHN PHILLIPS , indicted for feloniously stabbing Robert Doble and Thomas Tice, with intent to resist his lawful apprehension, Mr. M. Murdo, the surgeon of the gaol, suggested that the prisoner was not in a fit state of mind to be called upon to plead, upon which tie Jury were sworn to try the fact.
The JURY found the prisoner unfit to plead.
MR. LILLEY conducted the Prosecution.
JOHN JACKMAN . I am a shoemaker, of No. 189, Drury-lane. On 16th May, between 3 and 4 o'clock in the morning, I was awoke fey the police I meet down stairs, and found a shutter of the shop down, and a window broken—I missed three pairs of boots from the window, which were there the night before—the house was also safe when I went to bed, and the window was sound—my house is in the parish of St. Giles-in-the-Fields.
Cross-examined by MR. RIBTON. Q. Did you shut the «hatters up? A. Yes; I put up the bar the last thing—the boots were there then—I am sure of that—the window was fall then—there was no vacancy in the rows of boots, the rails were full.
MR. LILLEY. Q. Had the boots you missed been opposite the pane of glass which you found broken? A. Yes; the boots taken could all have been reached from the broken pane—a person with a long arm could have taken more.
GEORGE ADAMS . I am a lamp lighter, of 19, Kaingsgate-street, Holborn, On the morning of 16th May, about 10 minutes to 4 o'clock, I was in Broad-street, St. Giles's, putting out the lamps, and saw the prisoner crossing Broad-street from Drury-lane—I had seen him before that morning, about twenty yards from Mr. Jackman's—he had nothing with him then—he asked me what time it was—when I saw him a second time he bad some boots under his arm, and was coming in a direction from Mr. Jackman's.
Cross-examined by MR. RIBTON. Q. Was it quite right? A. Not quite when I saw him the first time—he was then on the other side of Drury-lane to me—I did not take particular notice of him—when I saw him the second
time with the boots I was as close to him as I am to yon, and I knew him as the person I had seen before—I told the policeman I had seen him twice—I am positive he is the person.
COURT. Q. Where did you see him the first time? A. In Drury-lane; I was then unlocking the ladder—he asked me what time it was, and I said it was 20 minutes past 3—when I saw him again it was 10 minutes to 4 by St. Giles's Church clock—I am in the employ of the Equitable Gas Company.
CHARLES BEANS (policeman, F 88). I was on duty on this morning in Drury-lane. About 10 minutes past 4 o'clock I received information from Adams, who pointed the prisoner out to me—he ran and threw a bundle away, which I picked up, and overtook him at the top of Museum-street—I do not remember that he said anything—the bundle contained these three pair of boots (produced)—I went to Mr. Jackman's shop, and called him up, and then took the prisoner to the station—the bar of the shop window had been wrenched from its socket—that would require considerable force to do.
Cross-examined, Q. How far from where the boots were dropped was it that you took the prisoner? A. About 100 yards; I am quite sure I took the same man who dropped them.
MR. RIBTON. Q. What distance from Mr. Jackman's house was it that you saw him drop the boots? A. About 200 yards.
Cross-examined. Q. Have you any mark on them? A. Yes, my own mark, and also that of the journeyman who made them—I never sell any without punching them, and these are not punched—my assistants do not sell unless I am out of the way—I was at home the whole of that day, and nobody sold but me. (The prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy by the Prosecutor.— Confined Six Months.
NEW COURT.—Tuesday, June 14th, 1853.
PRESENT—Mr. Ald. HUMPHREY; Sir GEORGE CARROLL, Knt., Ald.;
Mr. Ald. FINNIS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 12.— Confined Six Months.
GUILTY . Aged 29.— Confined Twelve Months.
GUILTY . Aged 39.— Confined Six Months.
GUILTY . Aged 32.— Confined Twelve Months.
GUILTY . Aged 62.— Confined Twelve Months.
GUILTY . Aged 46.— Confined Twelve Months.
GUILTY . Aged 29.— Confined Twelve Months.
MESSRS. ELLIS and POLLAND conducted the Prosecution.
ANN ELLIS . I keep a fancy repository at Islington. On 6th May, between 6 and 7 o'clock in the evening, Smith came and purchased some articles—she paid me with a half crown—I examined it, and did not like the look of it—I tried it with my teeth, and returned it to her—at that time Mr. Shepherd came in and took it from her—she was given in custody.
WILLIAM HENRY SHEPHERD . I am a haberdasher. On 6th May I saw the prisoners and a man together for about half an hour in Cross-street, Balls Pond-road—they then separated—the man and Smith went down a short street leading to the Balls Pond-road—the other two women went another way—I followed them first—I then came back, and saw the man going away in a direction from Mrs. Ellis's shop—I looked in the window, and saw Smith in Mrs. Ellis's shop—I went in, and saw Smith standing at the counter, and a half crown, which looked like a counterfeit, was on the counter—Mrs. Ellis took it up, examined it, and returned it to Smith—I snatched it from her, marked it with a cross, and put it in my pocket—it was not out of my sight at all—I am sure that the one I took was what Smith uttered—I left Smith with a greengrocer whom I had called in, and went out, collared the man, and brought him back to the shop—he had some skeleton key's in his pocket—he got away—I then followed the other two prisoners till I found a constable—I told him, and got him to conceal himself, and as the prisoners passed they were taken—I gave the half crown to the officer after I marked it.
WILLIAM MILES (policeman, N 273). On 6th May I was on duty in the Lower-road, Islington—I received information from the last witness, accompanied him, and found Horner and Newman together, standing on the footpath in the Lower-road—I took Horner, and the last witness took Newman—I told Horner it was for being concerned with the others in uttering bad money—she said she knew nothing about it, and she had no bad money about her—I said I would search her—she refused to be searched in the street, and I took her to Mrs. Ellis's shop—I there found Smith in custody—I saw the sergeant take out of Horner's left hand a parcel, which being opened contained six bad half crowns wrapped in paper—she said, "They were merely put into my band to hold for a short time"—they were then taken to the station.
Horner. I said I had got no bad money about me, and I would not be searched by a man, but I would by a woman.
WILLIAM MONAGHAN (police sergeant, N 88). I was called to Mrs. Ellis's shop—I found Smith, and took her in charge—in about 10 minutes the other two prisoners were brought by the last witness and Mr. Shepherd—I told the constable to bring them in, that we should search them before they went any farther—Horner said she would not be searched by a man, but a woman—I laid hold of her hand, which was closed; I forced it open, and found in it a piece of rag, containing six counterfeit half crowns, wrapped separately in pieces of paper—they were in a rag besides a handkerchief—she
said to Newman, "He ought not to have given them to me, and cut away like that;" she afterwards said, "I had not had them 5 minutes"—these are the six half crowns, and this is the one that came from Shepherd.
Horner's Defence. I and Newman were going down the road; we met the man; he asked if we had any money; we said, "No;" he said, "Walk with me, and you will soon get some;" he gave me the parcel to hold; I did not know what was in it.
SMITH— GUILTY . Aged 26.
HORNER— GUILTY . Aged 22.
Confined Twelve Months.
NEWMAN— NOT GUILTY .
MESSRS. ELLIS and POLAND conducted the Prosecution.
WILLIAM POST . I am assistant to Mr. Snell, a surgeon in the City-road. On 12th May I was serving on his premises—the prisoner came about 2 o'clock—he asked for two ounces of salts—I served him—it came to 1 1/2 d.—he put down a shilling—I gave him 10 1/2 d. change—he left the shop, and when he was gone I perceived the shilling was bad—I bent it, and put it in the till away from other money—there were other shillings there, but very few—I did not put that with the other money—on the same afternoon, between 5 and 6 o'clock, I was serving in the shop—the prisoner came again,' and asked for a 1d. worth of lint, and he put down another shilling—I knew him again, and when he put down the shilling I examined it, and tried it with the detector, and found it was bad—it cracked—I gave it to Mr. Snell—I got the other shilling out of the till—I gave them both to Mr. Snell, and told him that was the second bad shilling the prisoner had brought that afternoon—the prisoner was then in the shop—he was going out, but I called him back, and Mr. Snell told me to look out for a policeman—I went to the door, and the prisoner ran out—I followed him, brought him back to the shop, and he was given in custody—after the first shilling was passed I was in the shop till the second was passed—no one else had been in the shop but Mr. Snell.
Prisoner. Q. You put the shilling in the till when you gave me the change? A. It was bent before I put it in—I marked both the shillings.
EDWARD SNELL . I am a surgeon, and live in the City-road. The last witness attends in my shop—I recollect seeing the prisoner on 12th May—I was coming out of the surgery into my shop—my assistant was there—he told me that the prisoner had presented a bad shilling before, and he had come again to present another, and he had detained him—I told the prisoner to wait, and I told the witness to look out for a constable—the prisoner waited a little time, and then he bolted out of the door—I called "Stop thief," and he was brought back—immediately afterwards a policeman came in, and I gave him the two shillings—my assistant gave them to me—the prisoner said, "Don't be hard with me," and I believe he said so in the presence of the policeman—I believe I had not been to the till at all that day.
WILLIAM HENRY MASTILL (policeman, A 403.) On 12th May I was on duty in the City-road; I went into Mr. Snell's shop, and the prisoner was given into my custody for uttering counterfeit coin—I produce two counterfeit shillings given to me by Mr. Snell—I told the prisoner he was charged with uttering counterfeit coin—he said he did not know the shilling was bad—I told him there was another—he said he knew nothing about that—I searched him, and found nothing more on him—after he had been remanded
by the magistrate he said he had been made the victim of tome person, who he thought was doing him good—these are the two shillings (produced).
Prisoner's Defence. I had been out of work two months, and a man gave me them, who I used to go to the same school with.
GUILTY . Aged 21.— Confined Twelve Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
WILLIAM GEORGE REES . I am barman, at the Ship Tavern. On Sunday, 29th May, about half past 10 o'clock at night, I was serving there—the prisoner came to the house and asked for a pint of beer—I served him—he paid me with a bad shilling—I examined the shilling and broke it in two pieces—I gave the smaller piece to the prisoner; I then gave the larger piece to Mr. Dwyer, the manager, who was in the bar parlour—I did not say whether it was good or bad, I merely handed it to him—the prisoner said he was not aware it was a bad one—when I returned from giving the large piece to Mr. Dwyer, the prisoner was gone—I had seen him fling the small piece under the seat, and saw Mr. Dwyer pick it up the same night.
Prisoner. Q. Did not you swear that I called for half a pint of beer, and that I gave you a good shilling afterwards? A. No, I said a pint of beer.
JAMES DWYER . I am the manager of the Ship Tavern. I got a piece of a counterfeit shilling from the last witness—I went outside immediately, and followed the prisoner into the street—the last witness pointed him out to me; he was walking away—I went and asked him where he got the shilling from; he said, "Just down here"—there was a policeman there, and I said, "We will go and see where he got it"—the prisoner then said be got it at St. Albans; I then gave him into custody—as he was going to the station I followed closely, and just as we got to the corner of Windmill-street the prisoner made a gesture with his hand, and I heard something like the sound of a coin—I told the policeman to stop, and I picked up a shilling at the place where what I heard seemed to fall—it was two or three feet from the prisoner—I gave it to the policeman, and I said, "Here is another bad shilling"—the prisoner said it was one which I had brought with me, and dropped—I had received a piece of a counterfeit shilling from the last witness; I found the other piece—I gave them to the constable.
Prisoner. There was a piece of paper about the shilling thatyoushowed to the policeman. I saw you pick it off. Witness. No, there was no paper.
ENOCH COOK (policeman, C 175). On Sunday night, 29th May, 1 took the prisoner into custody about half past 10 o'clock—I heard the sound of a coin fall at the corner of Windmill-street—I taw it was a shilling on the pavement; I saw Mr. Dwyer pick it up—I stopped the prisoner—he tried to get along as quickly as possible from it—Mr. Dwyer pointed with his finger, and said, "Here is another shilling;" the prisoner said he knew nothing about it, and that Mr. Dwyer said he had plenty of them, and he must have put it there himself—I produce the shilling and the two pieces.
Prisoner. Q. As you and I walked on before the witness, were there not two women at the door of a shop? A. I noticed one woman; I taw no paper about the shilling.
Prisoner's Defence. I never knew it was a bad shilling; I am a shoemaker, and came from Northampton, and I am a stranger in town.
GUILTY .** Aged 58.— Confined Twelve Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
ANN HITCHCOCK . On Saturday, 28th May, I met the prisoner—he asked me to go and take part of a pint of ale—I went, and after that he gave me a shilling to go and get him a quarter of a pound of soap; I did so, and brought him 10 1/2 d. change—he asked me to go home with him, and said he would make a comfortable home for me—I went with him to somewhere near St. Giles's—I remained with him till the Monday morning—I then left him, and on Tuesday I met him again—he asked me to go and have some ale, and he asked me to go to a chemist's shop, and get two ounces of salts or Id., worth of pills, and he gave me a shilling—I went into the shop, asked for the pills, and gave the shilling—the chemist said it was bad, and cut it in two or three pieces with a pair of scissors; he kept the pieces—I told him the person that gave it me was outside—I went out to the prisoner, and told him it was bad; he said it was no such thing—he was then in Crawford-street, close by the chemist's door—he wanted me to go to a tobacconist's shop for half an ounce of tobacco, and he offered me a shilling—I would not take it; I told him I would not go—he went himself to the tobacconist's—he returned to me, and wanted me to go to a cheese monger's shop for some cheese; I would not go—we had some words, and he struck me—a constable came up, and I gave him in charge for striking me.
FRANCIS JOHN SHEEHAN . I am assistant to Mr. Jerrard, a chemist and surgeon, in Crawford-street. On Tuesday, 31st May, the last witness came for 1d.-worth of pills—she gave me in payment a bad shilling—I cut it in pieces, and gave them to the constable the same evening.
RICHARD SLOCOMBE (policeman, D 144). I saw the prisoner and the first witness talking on 31st May; I could not hear what they said, but I saw the prisoner strike her a blow on the side of the head—he ran away; I ran and took him—as we were going along, when we got within fifty yards of the station, he got his right hand in his trowsers pocket, drew it out, and threw down a brown paper parcel near my feet—I took it, and kept it in my left hand till I got to the station—I there found that it contained five counterfeit shillings—I found on him a sixpence and a halfpenny—I went to the chemist's shop with Hitchcock and there got this shilling, which is cut into pieces.
Prisoner, I am nearly blind, and could not see good money from bad; what was bad this woman must have had, I had no bad money.
GUILTY . Aged 57.— Confined Twelve Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
JAMES GOUGH (policeman, E 123). On Wednesday morning, 18th May, I was on duty in Tottenham Court-road in plain clothes—the prisoner came to me and brought a 5s.-piece; he asked me if it was good—I told him it was bad, and asked him where he got it—he said, "From Mr. Lowe's, who keeps a public house in Tottenham Court-road"—I gave it back to the prisoner, and advised him to return it to Mr. Lowe.
Prisoner. I said I did not know whether I got it from Mr. Lowe's, but I was in the habit of getting change there.
I was with him on the morning of 19th May, about 5 o'clock—he gave me a crown piece—I went to a coffee house, and asked for a cup of coffee—I offered the crown to the master of the coffee house; he said it was bad—I got it back; I took it out and gave it to the sergeant, and he took the prisoner into custody.
Prisoner. Q. Did you not ask me for some money? A. I asked you for some money; you said all you had was a crown, and you gave it me.
THOMAS PARSONS HONEY (police-sergeant, E 8). I was on duty on 19th May, about half past 5 o'clock in the morning; Goldsmith came and showed me a crown piece; it was had—this is it—I went with her to No. 4, Tottenham-place; I there found the prisoner in bed—I held up the crown piece to him, and said, "Do you know anything of this?"—he said, "All right; I will go down with you"—he came down with me, and I took him to the station—as soon as he got in, I saw him stoop—there was a door close by him—I heard the link of money—I immediately turned round, and looked behind the door, and there found these two crown pieces (produced)—when I found them, I said to the prisoner, "Halloo, George, you are getting rid of them!"—he did not say anything to that—I searched him, and found on him one bad crown piece (produced)—I told the inspector in the presence of the prisoner what had occurred.
Prisoner, He knew nothing against my respectability to the present time; and Gough knows me. Witness. I have known him eighteen months or two years, he kept a shop—I never heard anything against him.
Prisoners Defence, I was going home that morning, and was accosted by two females in Portland-road; they asked me to drink; I went into a public house, and spent about half a crown; T asked for change for a sovereign; the landlord was a long time about it, and a gentleman there gave me two crown pieces and some silver; I came to Tottenham Court-road, and met this female, who asked me if I could give her some money, as she had not got a bed to go home to; I gave her a crown; I have had a very good character before.
(The prisoner received a good character.)
GUILTY . Aged 26.—Recommended to merog by the Jury.— Confined Six Months.
MR. POLAND conducted the Prosecution.
WILLIAM HENRY BADHAM . I am going on for ten years of age. On Friday night, 20th May, I was playing at the top of Five-foot-lane, about 8 o'clock—the prisoner come up to me, and asked me to go to Mr. Wright's and buy a ld.-worth of julep, and when I came out he would give me a halfpenny—he gave me a shilling—I went to Mr. Wright's shop, and gave the shilling to Mr. Flowers, in the shop—I am sure it was the same the prisoner gave me; I had not got any other shilling—Mr. Flowers kept it, and came to the door of the shop with me—I saw the prisoner standing at the top of Five-foot
lane—he walked along, with a cigar in his mouth—he had changed his coat—I know that because when I saw him first he had a ragged coat on—I saw him again that day on the other side of the road—I did not go to him, because be walked away very fast—I saw him at the station the next morning—I am quite sure he is the same person who had given me the shilling on the day before.
JOHN HOUSTON FLOWERS . I am assistant to Mr. Wright, a chemist. On Friday night, 20th May, Badham came to the shop—he laid a shilling on the counter, for some julep—I tried the shilling, and found it was bad—he went to the door, and I accompanied him—I saw some person walking past—I could not positively say who it was—he was like the prisoner, but I would not swear to him—I marked the shilling, and gave it to the constable.
EMILY STEVENSON . I am the daughter of John Stevenson, a butcher, in Trinity-lane. On Friday, 20th May, the prisoner came to our shop, about 9 o'clock in the evening—he bought something, which came to 1 1/2 d.—he offered me a shilling in payment—I bent it, and called my father—he told him he would give him in charge, and the prisoner ran out of the shop—he was stopped by a policeman—I gave the shilling to my father.
JOHN STEVENSON . I am a butcher. I received a bad shilling from my daughter—I asked the prisoner where be got it—he told me had taken it—I told him I would give him in charge—he ran out—I called to have him stopped—he was stopped, and I gave him in charge.
WILLIAM TURNER (City policeman, 449). I heard a cry about 9 o'clock at night, on 20th May—I saw the prisoner running—he was going into Queen-street—I brought him back to Mr. Stevenson—I found nothing on him—I got one bad shilling from Mr. Stevenson, and one from Mr. Flowers.
GUILTY . Aged 17.— Confined Twelve Months.
OLD COURT.—Wednesday, June 15th, 1853.
PRESENT—The Right Hon. the LORD MAYOR; The LORD CHIEF BARON POLLOCK; Mr. JUSTICE ERLE; Sir JOHN MUSGROVE, Bart. Ald.; Mr. Ald. FINNIS; and RUSSELL GURNEY, Esq.
Before Lord Chief Baron Pollock, and the Third Jury.
707. WILLIAM WILSON , unlawfully threatening to accuse >William Ewart Gladstone, that he would publish a certain matter concerning him, to wit, that the said William Ewart Gladstone was in company with a certain female for an immoral purpose, with intent to induce the said William Ewart Gladstone to procure for him a Government appointment at Somerset House or elsewhere. Other COUNTS, varying the manner of laying the charge: to which the prisoner pleaded
GUILTY . Aged 28.
MR. ROBINSON on behalf of the prisoner stated, that he had taken this course, entirely of his own accord, and had instructed him to state that there were no grounds for throwing any imputation upon Mr. Gladstone, who he had encountered quite accidentally, and that fie had acted as he had done upon the impulse of the moment, actuated by a morbid desire to connect his name with Mr. Gladstone's, and that he had been previously somewhat flighty in his conduct. MR. BODKIN (with MR. HUDDLESTON) for the prosecution stated, that Mr. Gladstone had no vindictive feeling against the prisoner. The prisoner received a good character, the particulars of which the COURT desired
should be laid before it upon affidavit, which having been afterward» done the COURT sentenced the prisoner to be Confined Twelve Months.
708. EDWARD HENRY POWELL (indicted with Joseph Far rail not in custody), feloniously forging and uttering a receipt for money with intent to defraud. Other COUNTS, charged the prisoner with harboring the said Joseph Farrall, knowing him to have committed the said felony.
MESSRS. CLARKSON, HUDDLESTON, and BAYLEY conducted the Prosecution.
THOMAS DAVIDSON, ESQ ., M. D. I live at Shaftsbury-house, Bayswater. From Oct. 1847, down to the present year, I have been the holder of 20. 009l. in the Three per Cent. Annuities—I think I received the last dividend on 22nd Oct. 1847; since when having no occasion for the dividends, I have not received them, thinking it was safest to leave them in the funds—the signature, "T. Davidson," to these two dividend warrants, No. 141 and 142 is not my writing, nor is it written by my authority—they purport to be warrants for the half yearly dividends, Oct; 1851, and April, 1852, and are for 291l. 7s., 8d., each, deducting income tax.
Q. Just look at the«e other eight dividend warrants numbered 134 to 140, and also this one, No. 143, beginning at April, 1848, and ending at the half year ending Oct. 1852. (MR. BALLANTINE, on behalf of the prisoner submitted that one case only could be gone into; the present indictment being confined to a single case, the question of guilty knowledge on the part of the accessory did not arise, and could not be at all elucidated by the number of uttering proved against the principal, who was absent, MR. PARRY (on the same side) contended that the course now taken was turning the specific charge in the indictment into a general one; if it could be shown that Farrall had obtained a great deal of money by committing a burglary, it would not be evidence upon the present indictment. The COURT considered that in order to prove guilty knowledge, it was necessary to prove that the prisoner perfectly well knew in what rank of life his companion who was in the possession of a large sum of money, was, and that the case was like that of a man charged with burglary, who leaves behind him an article stolen from another house where he has committed a burglary; in which case evidence of the previous burglary would be admissable if he could be identified as having committed it; it would be impossible to come to a just conclusion without hearing the whole of the evidence.)
Q. Look at the signature to these warrants, and tell me whether they are in your writing? A. None of them; nor are they written by my authority.
SAMUEL HARISSON, JUN . I am a clerk in the Bank of England. I know Farrall—he was an assistant clerk in the Consol Office—he ceased to be so, I think, in Feb. this year—I have seen him write, and am acquainted with his writing—the attestation to the receipts to these dividend warrants Not. 141, 142, and 143, are his writing.
JOHN JAMES PATER . I am one of the senior clerks in the Dividend Office, Bunk of England. The course pursued with respect to dividends is this; the party applying is asked the name, and then, "What amount of Stock?" if he answers the right amount, the book is turned round for his signature, and he signs it—if a man signs instead of a woman or a woman instead of a man, or a child of ten years old, I should stop it—with those exceptions we take it, that the person applying is the right person, except in cases where the dividend is above 100l., when if the clerk does not know the party it is his duty to refer to the former signature, and if it corresponds, the dividend is paid to the party applying—and further than that, we have to put our initials
against the signature in the former dividend book to show that we have referred to it—unpaid warrants in arrear are checked every three months from the dividend book—if the dividend book in any instance purports not to be signed by the party who signs the warrant, we take it out upon what is called the query sheet—the dividend book is signed at the same moment that the warrant is delivered—on 31st July, in consequence of a communication made to me, a comparison was made between the dividend warrants remaining in the drawer of the reduced stock, and the dividend books, upon which it turned out that the dividend book in respect of two warrants for Mr. Davidson's dividends, Nos. 141 and 142 had not been signed—I went to the check officer, and examined the warrants which were attested by Joseph Farrall—in Nov. last I again examined the dividend book as to the 141st and 142nd warrant of Dr. Davidson, it was still unsigned, and I reported it to my superior officer, Mr. Palmer—the 143 dividend book was made up about 4th Oct. last; I did not make it up—I made a memorandum in the book respecting the two preceding dividends to call the attention of the clerk who paid them to it.
FRANCIS ROWLATT . I am a clerk in the Dividend Office of the Bank of England. I knew Mr. Farrall; he was in the Dividend Office in June, last year; he sat over against my desk at that time—that was near the dividend drawer; it was close adjoining to the drawer where the warrants for Dr. Davidson's stock would be—he would have access to the drawer containing those dividend warrants—the drawer was not locked—he was working at what we call the shutting work, preparing the books for the Consol July dividends, at which time the clerks sit just where they can find room—I think he usually sat at that place at the same period.
CHARLES JOHN ATKINSON . I am a clerk in the Bank of England. On 18th June last I was on duty to pay dividend warrants—I have been in the Bank fourteen years, and am acquainted with the persons of many of the Bank clerks—I bad returned from one of the branch banks about six months before this—on 18th June I cashed these two dividend warrants, Nos. 141 and 142—it must have been about 3 o'clock in the day, because they were the last that were paid, and we close at 3 o'clock—I paid one 500l. note, No. 25730, dated 13th Jan., 1852, eight 10l. notes, numbered 94821 to 94828 inclusive, dated 5th April, 1852, and 2l. 15s. 4d. in cash—we never have two notes of the same number and date for the same amount.
THOMAS GIBBONS . I am an outfitter, of East Smithfield. Joseph Farrall, the Bank clerk, was a customer of mine—he owed me an account, and I received from him, on 2nd June last, 1l. 2s. 6d.; on 12th June, 5l. 1s. 9d.; and on 23rd Sept., 2l. 14s.—I did not receive any money from him in July; it is very likely that Í changed notes for him in June or July—he very frequently asked me for change for a note—this is my book for June and July (produced)—I took one of these two notes of Farrall (looking at two 10l. notes, Nos. 94125 and 94826, dated 5th April, 1852), and 1 think I received them both of him together in June or July, and gave him change for them, but I cannot say—I have settled about four accounts with him—on one occasion I said to him, "How is it that you require so much change? it is usual for bankers' clerks to require notes for gold, and not gold for notes?"—he said he was in the habit of collecting a great deal of money for the Bank of England—I cashed him two 10l. notes, and be said, "I see you have plenty of gold, you may as well cash me a third," and I did so—I am confident that it was in Dec. that I spoke to him on the subject, and that was the last time that I changed any notes for him.
Cross-examined by MR. BALLANTINE. Q. You have not changed larger notes fur him? A. No; J hare known him two years, and considered him a respectable young man in his situation—I thought the account he gave was perfectly correct, and changed the notes—I am an experienced tradesman, and would not help a person who had committed a felony; on the contrary, I would bit him if I could, that is to say, figuratively speaking.
JOSEPH REECE ADAMS . I am a clerk in the Issue Department, Bank of England. On 21st June it was my duty to pay Bank notes which were presented—I changed a 500l. note that day—we are not in the habit of taking the numbers, we take the name; the name of Williams was on it—this is it (produced)—it is No. 25730, dated 13th Jan., 1852; "Williams, 28 Commercial-road East," is on it—I paid for it seventeen 5l. notes, numbered 95034 to 95050 inclusive, three 5l. notes, numbered 95101 to 95103, all dated lit May, 1852; and four 100l. notes, numbered 5085 to 5088 inclusive, dated 10th May, 1652.
GEORGE WAYMARK . I am a dealer in horses, and live in Blackman-street, Borough. I know Farrall—about 22nd June last he purchased a horse of me—I think the price was 30l.—he paid me in 5l. Bank notes—on 24th June I paid money into my banker's, the London and Westminster Bank, Borough branch, and believe I paid those notes in, but cannot swear it.
ADOLPHUS BAILEY . I am a clerk in the Borough branch of the London and Westminster Bank. Mr. Waymark keeps an account there—on 24th June he paid in these six 5l. notes (looking at Nos. 95036 to 95041)—those are the only 5l. notes he paid in that day.
RICHARD JOHN SYKES . I am a clerk in the Issue Department, Bank of England. On 8th July last I changed a 1002. Bank of England note—I do not know the number—I gave twenty 5l. notes for it—there were two numbered 96880 and 96881, dated 10th May, 1852—this (produced) is one of them; the address on it is "T. Davidson, 19, Bower-street, Ratcliff-highway. "
JOHN BROWN . I live in the Commercial-road East, and and am shopman to Mr. Walker, a pawnbroker. In July last Farrall purchased a gold watch and chain of me, and paid me with these two 5l. notes, Nos. 96880 and 96881.
THOMAS AGAR . I am a clerk in the Issue Department of the Bank of England. On 10th July 1 was on duty, giving change for notes, and changed this 100l. note, No. 5085 (produced) for twenty 5l. notes, among which was one numbered 33540, and dated 2nd June, 1852—on 20th Aug. I changed two other 100l. notes, numbered 5086 and 5087, dated 10th May, 1852, for Farrall—I gave him forty 5l. notes, among which was one numbered 3346, dated 2nd Aug., 1852.
Cross-examined by MR. PARRY. Q. How long have you known Farrall? A. I knew him to be a clerk in the bank, that is all—I was not an acquaintance of his—I do not know whether his position was better than mine, but should think it was not.
HENRY STEPHENSON . I I live at Brixton, and am a cashier of the Blackwall Railway. The prisoner Powell was formerly their station clerk—I have seen him write, and believe this "Edward Farrell, 19, York-place, Portman-square," on these two notes, No. 33540, 2nd June, 1852, and No. 3347, Aug. 2nd., 1852, to be Powell's writing.
Cross-examined by MR. PARRY. Q. How long have you known him? A. About four or five years—I have no doubt of it being his writing; if I had been in the habit of cashing checks for him, I should have cashed to that signature.
WILLIAM SPENCER PALMER . I am superintendent of the Dividend Office in the Bank. The bank clerk, Farrall did not, that 1 am aware of, fill the situation of collecting clerk in the Bank—I should say not, certainly—he certainly did not in June, last year—I remember one of the subordinate officers calling my attention to the non-signature of the 141st and 142nd dividends of Mr. Davidson in the book, and that the dividend warrants were gone.
THOMAS WHEELER . I am a clerk in the Arrear Department of the Bank of England. It is my duty to give out to stock-holders dividends in arrear—I have the dividend books here—on 24th Jan. I had under my control the dividend warrants from the 134th to the 140th dividend of Dr. Davidson, on 20,009l.—these are them (produced)—on the afternoon of that day Farrall either came to me or I saw him; he said that a party named Davidson had applied to him for a series of old warrants, but as 3 o'clock, which was closing time, was near, the party would come again; and that he believed he was a surgeon in the army or navy, and had been abroad—I understood that to be in reference to the number of warrants in arrear—the practice in my department is this: the party delivering the new warrant puts on the back the number of the warrant, then 1 proceed to pay all the arrear dividends back in regular order; or in other words, the title of the last being made out, all the rest follow as matter of course—on 25th Jan. this 143rd warrant was presented to me by a party who signed it "Davidson"—I do not know who that was; we take it as a matter of business—it is not part of my duty to satisfy myself of the identity of the person—I proceeded from the number on the back of this warrant, to hand out the warrants, to deliver them—before doing that I referred to the book, and I drew all the antecedent warrants in regular succession—I found that the dividend warrants of those years had not been issued—I gave all the back dividend warrants and the 143rd to the person presenting himself.
CHARLES LUSON . I am a clerk in the Bank of England. In Jan. last it was my duty to cash dividend warrants, in the Rotunda—the total of these dividend warrants 134 to 140 inclusive, and No. 143 is 2,331l.; 1 dotted the sums up on the face of the 143rd warrant—the 134th to 140th are witnessed by Mr. Wheeler, and the 143rd by Farrall—I cashed them with four 500l. notes, Nos. 49559 to 49562 dated 13th Jan., 1852—a 300l. note, No. 32305, April 12th, 1852, and the rest in cash.,
Cross-examined by MR. BALLANTINE. Q. Would there have been any difficulty in having them changed in small notes? A. No; if he had applied for it all in 5l. notes I should have given it—it would have been inconvenient to give it in gold, but if he had asked for it I should have given it; which was perfectly well known to a man in his position.
WILLIAM COCK TILLEY . I am one of the clerks in the Bank. On 26th Jan., last, a Bank of England note for 500l., No. 49559, dated 13th Jan., 1852, was brought to me to change—the person asked for gold, and I gave 500 sovereigns for it—"John Brewster, Albion-terrace, Poplar" was written on it, and I added, "New Town" myself, in consequence of my not being satisfied with the address.
DANIEL MAY . I am one of the detective police of the City. In consequence of instructions, I went to Albion-terrace, Poplar, to ascertain whether there was such a person as John Brewster—I made all the inquiries I could, but could rind no such person.
ARCHIBALD GRIFFITHS . I am a clerk in the Issue Department of the Bank of England. On 29th June, a 300l., note was brought to me to change—I did not take the number of it, because notes are never issued again—
this is it (produced), it is No. 32305, April 12th, 1842—"James Griffiths, Gar ford-street, Lime house" is on it, as the name and address of the person I cashed it to.
JAMES GRIFFITHS . I am a metal manufacturer of Garford-street, Limehouse—I do not reside there, but have works there. The writing on this note is not mine—I have known the prisoner three or four years, by paying him money in the Railway Company's office merely; I do not know where he lives—one morning when I was paying at the Minories' station, he applied to me to know if I could recommend him to a situation—I believe he knew where I carried on my business.
Cross-examined by MR. BALLANTINE. Q. It was not thought necessary to trouble the Lord Mayor with your evidence? A. No; I was not examined—I have no reason to believe the prisoner to be otherwise than a most respectable person—he held a responsible situation as clerk to the Black wall Railway Company—I do not know his writing.
FREDERICK PHILCOX . I live at No. 52, Caroline-street, Stepney—I am is the service of the Black wall Railway Company, but am suspended at present. On 21st Feb., I met the prisoner in the Commercial-road—I bad known him before that—he had come down by the train—he asked me to go up to his house in Baker-street, to take some things for him; and to meet him at Ellis's stables, to take some goods for him—I met him there in the afternoon, and he told me to get a horse and cart; I got it; and then he asked me if I would go to the Bank for him, and change a 5002. note—he told me to get 300l. in notes, and 2002. in gold; or 200l. in notes, and 3002. in gold, I forget which—he gave me the 500l. note, and told me if any inquiries were made, to say that a person outside gave it to me—I cannot say whether he said anything about Percival and Co.—I did not notice that name on the note—Ellis's stables are in the Commercial-road, near Stepney Gate; about two miles from the Bank—I believe the prisoner lived with his mother; he said he did not want his mother to know about the note—I presented the 500l. note at the Bank, and asked for payment—some questions were asked me, and I was detained, and ultimately set at liberty but they kept the note—when I was set at liberty, I went back to the Blackwall Railway, and met the prisoner at the Stepney Railway Station, in White Horse-street—he was not in the Company's employ at that time—I had arranged to meet him at his house to take some goods for him, and met him by chance at the station: not on the platform, but in the office—he had not been with me to town—I told him what bad taken place at the Bank, and that I had been detained—he said he would set it all right in the morning, or something to that effect.
COURT. Q. Did you tell them at the Bank where you got the note? A. I told them what the prisoner told me to say, that a person outside gave me the note; they did not ask me who the person was, that I am aware of—they asked me if I knew the person, and I said, "No;" but I did know him.
MR. HUDDLESTON. Q. You did not mention the prisoner's name at the Bank? A. No—after I left the prisoner, at the Stepney station, I went home to tea. and then he and I went to Ellis's stables, and saw Farrall there, who I knew as a passenger, but did not know his name at the time—I believe his name is Cunningham; he went by the name of Farrall—I have been to his house in Bromley-street, Mrs. Baxter's—(Mrs. Baxter was called into Court)—that is the lady—I saw Powell again that evening, in a chaise, by the George, in the Commercial-road—he asked me if I would go up as far as
the Minories with him—I did so, and minded the horse and chaise for a quarter of an hour, while he went away—he then returned, and asked me to drive the horse and chaise home to Mr. Ellis's—as I was doing so the tire of the wheel broke; I believe it was worn a good deal—I took it to Mr. Ellis's.
Cross-examined by MR. BALLANTINE. Q. Had you known Farrall to speak to him before? A. Oh yes, Sir, I knew him as a passenger—I had not seen him before I went to the Bank; I am quite sure about that—a little time before this I had had to take a bureau to the prisoner's house, one which he had had done up; nothing was to be done to it on this day, that I am aware of—I did not think the 500l. note was improperly come by, but I told a falsehood about it, because I was taken off my guard—I swear that the prisoner told me to say that a man outside had given it to me—I swear I did not say that it came from Messrs. Percival and Co.; I did not mention their name, to the best of my recollection—I swear positively I did not mention their name, hut I believe their name was mentioned when I went to the Bank—I told the clerk I did not know the person who gave me the note—I told a lie because I was told to tell one—I do not always tell lies when people tell me to do so, but I was like a great many other people, I suppose—I have not been told to tell a lie to-day—it was because I was told to tell a lie that I did it—I do not always do so, but cannot say why I made an exception in this case—I was kept at the Bank two hours, but never told the truth—when I had told a falsehood I kept to it—I did not expect to meet Powell at the Stepney Station—I did not go into any room where he was; I only went across the office.
MR. HUDDLESTON. Q. You told the people at the Bank that a person outside had given it to you, did you go outside with the clerk to see if there was anybody there? A. Yes
JAMES CUMBERS . I am a cashier, in the Bank of England. On 21st Feb. a 500l. Bank of England note was brought to me for payment by Philcox—this (produced) is it; it was not stopped, and I marked it for payment—I did not notice any writing on it—being a large amount I handed it to the first clerk, and he made inquiries—his name is William Taylor; he is not here (Mr. Taylor was sent for)—we delivered the note, and afterwards set Philcox at liberty.
Cross-examined. Q. You do not know what Philcox said? A. No; I bad no conversation with him at all.
JONES PERCIVALL . I am a coal merchant of Rutland-wharf, Upper Thames-street. I know the prisoner; I have been in the habit of supplying his mother's house with coals for the last four or five years, but he has never been to my counting house to my knowledge—he has paid me bills when I have called at his mother's house—this "Percival and Co. "on this 100l. note is not in my writing, nor in that of anybody in my house—the name is spelt here with only one "l.," and my name is spelt with two—I did not authorize anybody to write that name, nor was the note ever in my possession.
Cross-examined by MR. BALLANTINE. Q. The prisoner knew your name perfectly well? A. Yes; and I should think he ought to know how it is spelt—I have known him about eighteen months—I have sent bills to his mother with my name properly spelt on them.
WILLIAM SMEE, ESQ . I am chief accountant at the Bank of England. I knew Farrall very well, I think I should know his writing—I received this letter (produced) on the afternoon of 21st, or early on 22nd Feb.; to the
best of my belief it is in Farrall's writing—on the morning of 22nd Feb, I beard of some inquiries respecting the presentation of a 500l., note by Philcox, but it was not in my department—up to the time I received that letter, I had no intimation of Farrall's intention to leave—(The COURT considered that the letter could not be given as evidence).
GEORGE HOLDEN . I am ostler at Ellis' livery stables. I know Powell, he ordered a horse and a dog cart there; I cannot say the date—Philcox brought it back the same evening, with the tire of one of the wheels broken—I did not see Powell afterwards that evening, nor Farrall; bat next evening I received orders from Farrall to have a horse and gig at Mr. Baxter's house at six o'clock in the morning; in consequence of which I took the horse and gig there at 20 minutes before 7 o'clock, and Farrall came out, got into the gig, with a portmanteau and carpet bag, and a hat; he wore a cap with a little black peak, and drove away—the horse and gig were brought back by a stranger, about two days afterwards.
Cross-examined by MR. BALLANTINE. Q. I do not understand you to say, that Powell ordered the gig? A. No; it was Farrall—Powell ordered the dog cart, that was not the cart that took Farrall away.
JOSEPH BOGGIS . I am potman at the Globe public house, at the corner of Baker-street. I know Powell by going to his house, No. 19, York-place, and seeing him—I recollect seeing a horse and gig that had cone from Ellis's—on the morning of 22nd Feb., I saw the same gig, bat I cannot swear whether it was the same horse, in the New-road, at the door of the Globe—Farrall was driving it; he had a cap on 4 he sent sue to Mr. Powell's house to say that he wanted to speak to him—I knew Powell by sight, and had seen him at different times in Farrall's company—Mr. Powell came in about a quarter of an hour or twenty minutes after; I took him the message, and they both went down the New-road together.
JOHN GORDON . I am an innkeeper, living with my mother, at the Redcross Inn, Cherton, near Bromley. On Tuesday, 22nd Feb., in the evening, two persona drove up in a gig; the prisoner is one of them, and I should know the other if I saw him—they asked the way to Westerham, and I directed them—they had two glasses of ale, and very soon started—next evening, the 23rd, they came back again, and remained till the next day, Thursday—Mr. Harriss, the plumber, was in their company that night—they slept in the same room, and left next day—they had some luggage in the gig a portmanteau, a carpet bag, a cap, and a coat or two—I took them all out myself—when they left, the portmanteau was left behind, to be taken core of till called for—I afterwards gave it to the policeman, Lewis
GEOEGE BURNELL . I am ostler at the King's Arms, Westerham, On Tuesday night, 22nd Feb., Powell came there in a horse and gig, with another man—they bad a portmanteau, a carpet bag, and a hat case—they slept there that night—I had known Powell before, but it was perhaps twelve or fourteen years since I had seen him—they left about a quarter to 4 o'clock next day—I saw but very little of them during that time, as they were out walking—they went out by a thoroughfare through the back yard; that leads to the other end of the town, towards Godstone—when they drove away they went towards Godstone—there is a road that way to Keston, but it is not the direct rood.
Cross-examined by MR. BALLANTINE. Q. Did Powell know you? A. I should say perhaps not—I do not know where he came from—-1 know that he was at Westerham when he was a lad.
MR. HUDDLESTON. Q. Had you seen anything of him for the last fourteen years? A. No; he did not recognize me.
JANE FAIRHALL . I live at the Fox and Hounds public-house, at Cudham. On 23rd Feb., between 3 and 4 o'clock, two persons drove up in a gig, in a direction from Westerham—the prisoner is one of them—I did not notice how the other one was dressed—they stayed perhaps twenty minutes, and left a pair of leggings behind them.
Cross-examined by MR. BALLANTINE. Q. You, have not appeared before, have you? A. I was at the Mansion-house, but was not called; I do not know Mr. James Harriss.
ANN GORDON . I am landlady of the Red Cross Inn, at Keston. On 22nd Feb. the prisoner and another man came there in a chaise—they stayed a very short time, and returned next day—I afterwards saw them in the room where Mr. Harriss was—the prisoner and his companion supped together, in my presence—the prisoner's companion made the observation that the weather was cold, and I said that most London people felt cold when they came into the country, to which they replied that they were not Londoners—they slept in a double-bedded room—as they were about to leave on the morning of 24th Feb., the one who wore a cap asked me, in the prisoner's presence, if I would allow his portmanteau to remain there, and gave the name of Stephens—they both left together in the gig, about 11 o'clock, leaving the portmanteau behind—one of them, the prisoner I think, said, in the presence of the other, that they were going to Croydon to see a solicitor—the portmanteau remained in my charge till the next week, when May, one of the detective force, took possession of it, and delivered it to Lewis, another officer.
Cross-examined by MR. BALLANTINE. Q., Which of them was it said he was going to a solicitor at Croydon? A. I think it was the prisoner; I am sure it was—I told the officer so when he asked me what the conversation was—Croydon is seven miles from my house—the one who gave the name of Stephens asked me to take care of his portmanteau, and not to let anybody have it, unless he came, or sent a note to me.
Q. Are you sure it was that, or was it that the portmanteau was to be delivered to a person who would give the name of Stephens? A. He said, "My name is Stephens;" I do not know that Powell heard that.
MR. CLARKSON. Q. What is the size of the room? A. Not very large; they were both present when the observation was made about the solicitor.
JAMES HARRISS . I am a plumber, and live at Keston. On 23rd Feb., in the evening, I was at the Red Cross inn—I saw the prisoner there, and another person with him; a short man—we were in company about three hours—I heard the prisoner call the other man Farrall, but only once—he did not call him Stephens
Cross-examined, Q. Did Farrall address the other man as Powell? A. I did not bear him address him by any name.
JAMES BUCKLEY . I am a linkman. On Thursday, 24th Feb., I saw Mr. Powell near the Trinity House, about 10 minutes before 9 o'clock at night—I asked him whether I should mind his horse; he said, "Yes, will you mind it for four or five minutes for me?" I said, "Yes;" and he went away, and came back again, walked past the chaise to the corner of Saville's-gardens, then came back, got into the chaise, and asked me if I had anything particular to do; I said, "No;" he said, "Jump up here;" I did so, and he drove across Tower-hill, and up Tower-street—when we got opposite St. Dunstan's-hill he asked me if 1 knew my way to Stepney—I said, "Yes, I know it well;" he said, "I have got so much business, I have got to go to the west end of the town, and have not got time to take this chaise Dome"—he gave me a 5s.-piece, and told me to take the chaise to Mr. Ellis's—I
cannot say how long I had been at work for that—I had never seen him before.
Cross-examined by MR. BALLANTINE. Q. Did he say at that time that be had no smaller coin? A. No; I wanted 6d. to pay the gate, and he gave me the 5s.-piece, so that I made 4s. 6d. by it—I was satisfied then, but I have had a great deal of trouble.
DANIEL MAY re-examined. On 28th Feb. I went to Keston, and saw Mr. Gordon and his mother—they showed me a portmanteau, which I afterwards delivered to Lewis, another officer—I broke it open, and found in it a great quantity of wearing apparel, and this card (produced)—it has on it, "King and Powell, wine, bottled beer, and provision merchants."
Cross-examined by MR. BALLANTINE. Q. Did you obtain the information which led you to Keston from Powell? A. No, from Gordon—he came to me—I do not know why, unless it was from Farrall and Powell being at his house—I do not know that it was through Powell.
WILLIAM TAYLOR . On 21st Feb. I was acting as principal in the cashier's department of the Bank of England—I recollect Philcox coming with a 500l. note—he handed it to Mr. Cumbers, who banded it to me—this is it (looking at it)—I asked Philcox if it was Upper or Lower Thames-street—he said, "Upper"—I asked him the number; he said he did not know; I asked him if his name was Perceval; he said, "No;" I then asked him who gave him the note; he said he did not know; I said, "What, not know the party who gave you the note!" he then said it was a party outside who asked him if he had any objection to go into the Bank and get the note changed, and he said he had not—not liking his answers to my questions, I went down to the chief cashier; further inquiries were then made, a detective officer then accompanied Philcox outside to look for the man; the note was detained, and Philcox was allowed to go.
Cross-examined by Mr. BALLANTINE. Q. Did you send anybody to follow Philcox? A. I did not; one of the detectives was sent with him to see if he could find the man—he returned into the Bank again after that, bat was eventually allowed to go.
Q. You had no right to keep the note and not keep him? A. I obeyed the orders of my superiors—I know nothing about what happened outside.
ELIZA BAXTER . I am the wife of Samuel Bowden Baxter, and live at No. 1, York-street East, Commercial-road; we did live at No. 19, Bramley-street, Commercial-road. In May, 1852, Farrall, the Bank clerk, came to lodge at my house—the prisoner was in the habit of coming there to see him—I have seen Mr. King there, and heard that a partnership was intended between Powell and him—on 21st Feb., between 4 and 5 o'clock in the afternoon, Farrall came home, and then left the house again for a few minutes—(I know Ellis's stables in the Commercial-road, they are a short distance from the house)—Farrall returned shortly afterwards and asked for some tea—he asked me how long it would be; I told him ten minutes, and he went out again for a quarter of an hour and then returned to his tea. after which he went out again till between 8 and 9 o'clock at night—in the course of that time Powell called and inquired for Farrall—I said he was not at home, and he went away immediately—between 9 and 10 o'clock Farrall returned, and said he should leave London next morning, as he was going into the country, and wanted to be called at 6 o'clock—he asked roe for a sheet of letter paper when he went up to bed, which I gave him, and a pen and ink—I saw no more of him that night—he was not called in the morning at the hour he desired—I did not see him come down, but after he came down I saw a letter
in his hand, like this (produced), I did not take particular notice of ft; but I heard him ask my husband if he would do him the favour to deliver it at the Bank by 9 o'clock—I-saw a horse and gig at the door between 6 and 7 o'clock that morning—Farrall wore a cap that morning, and his hat was put into the chaise with his portmanteau and carpet bag—the shirts, clothes, and linen in this portmanteau (looking at them) are Mr. Farrall's.
Cross-examined by MR. BALLANTINE. Q. Powell used to come to see Farrall? A. Yes, occasionally; other persons have been to see him—there was not the slightest secresy when Powell came; the conversation went on as usual—if they retired to a private room at all, it was merely for Mr. Powell to wash his hands, and others who have come to see Mr. Farrall have done the same—they never went away to talk—they could have had a private room if they wanted to talk, but they never did, they always sat with us.
WILLIAM THOMAS BALLS . I am a porter, and ply opposite the European Hotel, by the Mansion House. I have seen the prisoner—on one occasion, four or five months back, he sent me into the Bank with a letter to Mr. Farrall—he told me that I should find him at the Dividend office, under the letter E—I never took more than that one letter—I have seen Powell take paper out of his pocket and write a note, and I have seen him give notes on two or three occasions to a man named French—I have not heard what be told French to do, nor have I seen him give him money for the porterage.
JAMES FRENCH . I am a casual porter; employed by anybody. I ply for hire just by the European Tavern, opposite the Mansion-house—I know Powell; I have seen him four or five times—he has given me letters to take into the Bank to Farrall, and has told me to tell Mr. Farrall that he was waiting at the European, which is two doors from the corner of Princes-street—Farrall only came out to him on one occasion, which was about three or four months back.
Cross-examined by MR. PARRY. Q. What time did he come to the Mansion-house? A. I was called from the justice-room into my office by my nephew, and found Powell there—I do not know whether he bad been there the day before for the purpose of finding me, and giving himself up—my nephew is not here—he said, "I am advertised, and I come to give myself up; have you got Saturday's Times?"—I do not recollect that I had seen the advertisement at that time—Saturday's paper was sent for; this (produced) is it; there is an advertisement for Powell in it—I put it down, and he looked at it, read it, and remarked upon it—a reward of 200l. is offered for him—I do not recollect that he at first wished to see the Lord Mayor privately, nor that he said that he had been the day before—the Lord Mayor was not in the chair, and I went and mentioned the matter to Mr. Goodman, and then returned to Powell—he told me he had left town with Farrall, and that they had slept at Keston—prior to mentioning that, he said he was desirous of giving some private information about Farrall, and telling all he knew about him—he said he had left Farrall at the Red Lion at Stoat's Nest, and he believed he would be found there; and also that Farrall had left his portmanteau at Keston, and when he left there, he had only his carpet bag—I sent for a Bradshaw's Guide to see about a train to Stoat's Nest—the prisoner described Farrall's dress, and I took down the particulars—I do not know Farrall by name; I do not know whether I know him by sight; I know a great many of the clerks in the Bank of England—he gave me other information about Farrall, which I took down—my nephew, Powell, myself, and Bovill,
all went to Powell's mother's house, to see if any letter had come from Farrall; we did not find any, and returned again to the Mansion-house—this was on Monday, 28th—I went down to Stoat's Nest, and found that Farrall bed left on Saturday, the 26th—I found that the information Powell had given me was perfectly correct—Powell went with me—I got some information about Farrall, and followed him to Merstham; I ascertained that he had left there on the Saturday evening, and was supposed to have gone to Croydon—I found a bag with more than 100 sovereigns in it at Merstham. (The prisoner received a good character.)
NOT GUILTY .
NEW COURT, Wednesday, June 15th, 1853.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; Mr. RECORDER; Mr. Ald.
FINNIS; and Mr. Ald. WIRE.
Before Mr. Recorder and the Fifth Jury.
MR. GIFFORD conducted the Prosecution.
HELEN SANDILANDS . I live at No. 2, Bath-place, Kensington, in the parish of St. Mary Abbots. Ellen Horrigan was in my service; she came about the middle of Oct.—her wages were 8l. a year—when she came she had a very scanty supply of clothing and necessaries—shortly after she came some clothing was bought for her—she sent it home, not having paid for it—it was paid for with my money; I advanced the money to pay for it—it was 6s. and a few pence, and it was afterwords deducted from her wages—I was asked to advance her some money to send to Ireland—I advanced 10s.; a half sovereign, a few weeks after she came, and that was also deducted—in July last, previously to her entering my service, I had sold out some stock, which realized 274l. 12s.—I received two notes of 100l. each, seven 10l. notes, and the rest in gold and silver—I wrapped them up, and put them amongst some clothing in my drawer, which was unlocked—I put them there on the day I brought them home, having ascertained that I brought it home correctly, on 14th July last—it was in an unlocked drawer in my bedroom it continued there a considerable time without my touching it, but I took from it two 10l.-notes and the silver, and put the rest away—I find that I have lost 150l.; one note for 100l., and five 10l.-notes—I went away for a short time; for about ten days—that was previous to Ellen leaving me—that must have been in March—I took the parcel, supposed to contain my money, with me, but without examining it before I took it, or when I brought it back—when I came back I put it in a closet—I again looked at it on the evening of 21st April, to the best of my recollection, and missed one 100l. note and five 10l.-notes—one 100l.-note was left there still—from the time I had put the money away in July I had opened it and looked at it once—I cannot say whether it was in July, but I remember I looked at it while it was warm weather—I might have looked at it again, but I did not scrutinize it; I merely looked, as a person might look at any parcel—I know the other prisoner, Julia Horrigan; she is Ellen's sister—she lived at No. 27, Lower Pbillimore-place, which is nearly opposite my house—she was a general servant there—she did the general duties of the house—I saw her very often at my
house—after I made this discovery, which was about two days before Ellen left me, I mentioned to her that I had lost something, but I did not state what—she had given me notice to leave me, and her warning expired on 23rd April, to the best of my recollection—it was on a Saturday—she and her sister went away together.
Cross-examined by MR. WOOLLETT. Q. Were you acquainted with the family where Julia lived? A. Yes; they kept no other servant but her—there was another servant in the house, but not belonging to them—to the best of my recollection I had examined this money after I received it from my broker, but I cannot state when.
MR. GIFFORD. Q. Did you get the money from Mr. Brize, the stock broker? A. Yes
Cross-examined. Q. How many 10l. notes did you use? A. Two; I am quite clear about that; I have not thought I might have used three—I have put the doubt away entirely—the charge is of 140l.—I had a doubt whether I might have used three, but it was the very slightest—I never expressed the doubt—I at once put down the charge at 140l.
COURT. Q. When did you first make a communication to the police? A. On the Sunday after; that must have been on the 24th—I think it was on the following day after I lost my property, that I told Ellen I had had a loss—I cannot be certain whether it was the same day, or the day after—I have no one residing with me—I have a friend sometimes to reside with me—there are lodgers in the house.
JOHN BAKER BRIZE . I am a stock broker. On 14th July, 1852, I sold some stock for Mrs. Sandilands, I got 274l. 12s.—I drew a check for 174l. 12s., this is it (produced)—I cashed it at the Royal British Bank, Token house-yard, where it was drawn—these two 10l. notes have my mark on the right hand corner, as having come from that bank—I mark all the notes that I receive—I put my name or initial on them.
COURT. Q. Is there any mark which designates them as two that you received that day? A. No; all I can say is, that they are two that passed through my hands, and 1 presume are the produce of that check.
HUGH FRAZER . I am clerk in the secretary's office, at the Royal British Bank—I produce the book; here is an entry of the payment of Mr. Brize's check on 14th July, for 174l. 12s.—it was paid in a 100l. note, No. 14288, dated 10th May, and 7 10l. notes, numbered consecutively from No. 69409 to 69415, dated 5th May.
RICHARD ADYE BAILEY . I am a clerk in the Bank of England. I produce two cancelled 10l. notes, Nos. 69410 and 69414, dated 5th May, 1852—No. 69410 was brought in on 13th Jan., and the other on 29th March.
Cross-examined, Q. Are there not notes issued with the same Nos. from the bank? A. Yes; there might be two Nos. 69410, or 50, or 100—they are numbered on to a 100 thousand, but they are not of the same date.
HENRY SAUL COOPER . I keep the Adam and Eve public-house at Kensington, which is thirty, or forty, or fifty yards from Mrs. Sandiland's—I knew Ellen Horrigan as servant there—in March last she came to me, and brought a 10l. Bank of England note—she asked me to change it—I asked her the name of the party she brought it from—she gave the name of Conron—I misunderstood her at first, and thought she said Conroyd—she then said, "No, Conron"—I wrote it Connor, and she said, "No, Conron"—I wrote that name on the note—this is it, No. 69414, dated 5th May, 1852.
Cross-examined. Q. Do not you think it would have been better to have
sent back the note to Mr. Conron? A. I am frequently applied to by servants in that way.
HARRIET SMOOTHY JARMAN . I am assistant to Mr. Hunt, a draper, in Hammersmith—I know both the prisoners—in the early part of April Julia came and purchased a dress, which amounted to 14s.—I am not quite certain whether she paid with gold or silver, but both the prisoners came the next day and had bonnets and trimmings for each of them—they came to 22s. of 23s., and Julia paid with two sovereigns, and received the change—they after-wards bought two print dresses, one for each of them, which came to 7s. or 8s.—on the Wednesday in the following week Julia came and changed a note—in the hurry of business I could not say whether it was a 5l. or a 10l. note—my impression is that it was a 10l. note—I took 2s. 7 1/2 d. of her—she bought some raffling to cover boxes, and a pair of worsted stockings, and for that she changed the note—I did not take the No. of it—I wrote the address on it, No. 27, Phillimore-place, Kensington.
PHILIP RONAYNE CONRON . I lodge at Miss Sandilands'; I know the two prisoners—I never gate either of them a 10l. note to change for me—I never authorized either of them to use my name in changing a 10l. note.
COURT. Q. Do you remember on the day that Ellen left Miss Sandilands', hearing her say anything? A. She made a remark that Miss Sandilands' complained of having lost a 5l., note, and she thought that she had lost it at a house where she had slept opposite—she had only one house; but all her apartments being occupied she slept some few nights at a house opposite-Ellen was servant in the house where I lodge.
COURT to HELEN SANDILANDS. Q. In which house was the drawer where the notes were? A. At No. 2, Bath-place, where Mr. Conron lives.
JAMES GODDARD (policeman, T 80.) In consequence of information I proceeded to Ireland with a warrant to apprehend the two prisoners—I found them at No. 7, Connaught-street, Merchant's-quay, Cork, on the 6th May—they were both in the room—I read the warrant to them—Ellen said she knew nothing about any notes—I asked her if she bad changed any note previous to leaving England—she said she had one at Mr. Cooper's, the Adam and Eve, for Mr. Conron; that was all she had ever changed, and she believed that was a 5l. note—I asked her to put out her keys and other things that she had in her pocket, and show me what she had in her box—she gave me a purse with 3 1/2 d. in it, and a bunch of keys—she showed me a small box in the room, which contained nothing but eggs—I then spoke to Julia to put out the keys and other things she had in her pocket—I received from her a purse with 12s. 5 1/2 d., and a bunch of keys—she showed me a box in the room, and with the keys she unlocked it herself—I found in it a quantity of new wearing apparel, and those articles which I produce, which Miss Sandilands identifies.
COURT. Q. What was the new wearing apparel that you found? A. One chemise, two plaid shawls, two shot poplin dresses, one gauze scarf, two victorines, one flannel petticoat, one piece of calico, one white apron, one shawl pin, one chain, one brooch, one ring, six pairs of new stockings, one neck tie, two new umbrellas, and some other things—I also found three drapers' bills, amounting to nearly 5l., and a 1l. Bank of Cork note.
BRIDGET VAUGHAN . I was nurse to Mr. Conron's children from Jan. till April last, at the prosecutrix's house—during the time I was there I saw Ellen Horrigan there—I saw her six times with brandy, and I have seen her with money.
COURT. Q. What was she doing with the brandy? A. It was for herself
and for me; she was treating me and the other servant in the house with brandy—there was half a pint each time.
MR. GIFFORD. Q. What description of money have you seen her with? A. A note, Sir—she asked me to sign my mistress's (Conron's) name on it—I refused to do it—that was about the beginning of March—I have seen one or two sovereigns in her purse carelessly in taking out silver—she told me she received it from Ireland—she spoke of it almost every day—I do not think I was a fortnight in the house before I saw money in her possession.
COURT. Q. Can you say when was the first time you saw her in possession of gold or notes? A. It was immediately after I went to the house, which was about the middle of Jan.—about a fortnight afterwards I saw her in possession of a sovereign or two—I saw the outside of the note that she asked me to write my mistress's name on; I did not see the amount.
HELEN SANDILANDS re-examined. These articles that are here are mine—I never gave them to either of the prisoners—some of these have my mark on—the mark of this article is picked out, but I consider it is mine—the others I am sure are mine—this article is marked "M. S.;" it belonged to a deceased sister of mine—I had seen this dressing gown a few weeks before Ellen left—it was kept in a box in the lower part of the house, which was unlocked—they are all articles of female dress—they are not new—Ellen came into my service in the middle of Oct.—I do not remember when I first paid her any wages, but I very soon advanced the 6s., and lent the 10s.—I remember giving her two sovereigns about Jan.—I made the deduction from the final payment—it must have been at the latter end of Jan. when I paid her, for I remember being angry with myself for deferring it—I had only two settlements, one in Jan., and one when she left, and then I counted over the coin to her, and deducted the 16s.—the drawer from which the money was taken was in the parlour—I slept away for a very short period, not more than a fortnight in all—that was the time when I spoke of being away from home, but I was at home daily—I took the money with me, and kept it in a locked-up drawer in the room where I slept—Julia lived in the place where she was, a month longer than Ellen lived with me—(the 10l. note was dated 5th May, 1852 No. 69414; and on the back was, "Conron, 2, Bath-place, Kennington")
COURT to MR. COOPER. Q. Who wrote the name "Cooper" on this note? A. It was written by Mr. Nicholson's, the distiller's clerk, when I paid it him.
ELLEN HORRIGAN— GUILTY of Stealing. Aged 23.
JULIA HORRIGAN— GUILTY of Receiving. Aged 27.
MESSRS. BALLANTINE and GIFFORD conducted the Prosecution.
JAMES BRETT . I am a detective officer of the City. On 6th May I followed the prisoner Hogan, in company with another man, from Mr. Cassell's warehouse, on Ludgate-hill, to Perkins's house, No. 21, Windsor-place, City-road—he was drawing a truck, loaded with four sacks filled with waste paper—Perkins is a waste-paper dealer—it is a private house—there is a board over the door—Hogan went in, and he took the bags in—I went in after him—I searched the bags, in the presence of Hoghn and Perkins—the officer Knight was with me—I told Perkins that my reason for searching the bags was, that I had reason to believe he had purchased prints stolen from Mr. Cassell, he knowing them to be stolen—he said, "I have never bought
any prints; I have only picked out a few from the waste paper I have bought of Hogan, and I have sold them to a pork butcher in Upper Whitecross-street; I have never sold any to anybody else"—I meant engravings from the Magazine of Aris—-nothing more passed at that time—on the following morning I went with Knight to Mr. Harding's, No. 1, York-street, Church-street, Shoreditch—he is a waste-paper dealer—in consequence of what passed, he took me to the cellar, and showed me prints, weighing 1 cwt. 1 lb.; and printed publications,-weighing 1 cwt. 3 qrs. 8 lbs.—he told me he had bought them of Perkins—I took them all to the station-house—I went the same evening to Perkins', in company with Knight—I said to Perkins, "You must consider yourself in custody, on a charge of receiving prints and printed pub-lications stolen from Mr. Cassell's—he said, "All I have had I bought of Hogan, and gave him 7s. a cwt for"—I took him to the station.
Cross-examined by MR. PARRY. Q. What time was it you were watching when you followed Hogan? A. That was in the morning, from Mr. Cassell's, in Belle-sauvage Yard—there is no doubt there was some person at Mr. Cassell's delivering the waste paper to Hogan—I was not there.
Cross-examined by MR. M. PRENDERGAST. Q. This house of Perkins's is not a shop? A. No; there, is a board outside, "T. Perkins, dealer in waste paper," and something else—it is a house without a shop front; but where business is carried on—there is no other appearance of a shop except the board outside—this was about 9 or 10 o'clock—Perkins said, "All I have bad I bought of Hogan at 7s. a cwt"—he said be bought nothing but waste paper—he assisted me in my search, and so did every one in the house.
HENRY JOHN HARDING . I am a waste paper dealer, and live at 1, York-street, Shoreditch—I have bought prints and printed publications of Perkins—I showed some prints to Brett in my cellar—I purchased them from Perkins—I have the invoices—I gave 28s. a cwt for them—that is the fall value for that kind of waste.
Cross-examined by MR. M. PRENDERGAST. Q. I suppose there is good waste paper and bad waste paper, and high priced and low priced? A. Yes, there is, Sir; there are frequently books and other things sold as waste paper, and bought by me in my business.
COURT. Q. Do you call this waste paper? A. Yes; it could not be used for anything but waste paper—it is mostly misprinted—it is bought for butchers and fishmongers—being clean it suits their purpose—this is some of the best of it that is here.
JAMES JEWELL . I was in the employ of the prisoner Perkins—he pur-chased waste paper of the prisoner Hogan—some of this sort, and some a great deal worse, which I have some samples of, which you will be so good as to look at—Mr. Perkins used to buy it by weight at 7s. a cwt—all that we had of this description came from Mr. Hogan—Mr. Perkins bought them in bogs mixed with other things—he gave 7s. a cwt for all of it, rubbish and all—all the prints came from Mr. Hogan.
Cross-examined by MR. M. PRENDERGAST. Q. Do you mean that they were all bought together at 7s. a cwt.? Yes; I picked out some, and threw away some, and sold the other at inferior prices—some was refuse, that we did not sell at all—some was sold for half a crown or 3s. a cwt.—some we threw away, or lit the fire with—it was only a small portion that we sold at 28s. a cwt.
Cross-examined by MR. PARRY. Q. How long have you known Mr.
Perkins dealing with Hogan. A. Three or four months; he purchases of other persons besides—I find books come in; some with covers torn off.
JAMES DARKIN . I am the manager of Mr. John Cassell's printing business—I have examined a great quantity of this paper, it is Mr. Cassell's—I describe it as printed paper, prints and publications—it is by no means waste paper—a small portion of it may be—on some of these sheets is a print that has never been published—here is on this sheet a print that is not published up to the present time—it is part of the Illustrated Magazine of Art—here are a large number of this print—it is the "Virgin and Child"—the whole of these (looking at a number) are duplicates of that—they are all the same print—these other are printed parts of books—Hogan has been in the habit for some time past of dealing with us for waste paper—he has been in the habit for some time past of clearing the office of refuse, purchasing it—he was in the habit of giving half a crown a cwt. for what he bought—the value of the sheets produced here by weight before any printing was put on them is nearly 4l. a cwt., but the paper the prints are on, would be more, because it is heavier—these are never sold in sheets, they are divided into four parts the size of a page of a book—we keep them in this form for sale in different publications—they are all made into books before Mr. Cassell sells them—they are cut up, and one accompanies each No. of the book—this print of the "Virgin and Child" has never appeared in any publication—in the most careful printing some sheets would be damaged—the majority of these are good sheets, fit for selection—it is possible that a single sheet or two may be damaged; but, speaking generally, I do not consider these waste sheets by any means—none of them have been sold in the state they appear in.
Q. What sort of paper is it that you sell to Hogan for half a crown a cwt; could these have been taken for it? A. No; by no means—what be has is dirty and utterly destroyed, except to be re-produced at the mill—it is the sweeping of the office, and paper run through printing machines so frequently as utterly to deface it—if we have any clean waste it is not sold, but used up on the premises—one way in which we get rid of a great quantity is to print large posting bills on it, by which way we get rid of a large quantity—this is one of the bills (producing one)—in this way we can use clean waste—this is a printed sheet, but quite good enough to print posting bills on—it is quite the same value to us for that purpose as white paper—the paper we sold to Hogan is swept up into a closet or cupboard—there is a place appropriated for that kind of' waste—this paper could not have got into that place by any means to the extent I see before me—a single sheet might.
Cross-examined by MR. PARRY. Q. How long had Hogan dealt with you? A. I am inclined to think twelve months—he paid half a crown a cwt.—he filled the sacks himself—one of our people was supposed to help him—there was always one person to assist him—it was generally the same person—the majority of this I do not call waste paper—in our establishment we should not call any portion of the prints waste—there are many that we could not sell, done up in our publications, but they are useful paper—they are not spoiled, and virtually waste paper, by no means—some part is inferior to others, but no part of it is such waste as we should think of selling, if we were in our senses, at half a crown a cwt.—the refuse we used to sell to Hogan was always on one floor—these prints were kept in various parts of the establishment, but generally roost have been in the printing room where Hogan came—he generally came early—I was not on the premises so early as he came—some persons in Mr. Cassell's employ would be there.
Mr. GIFFORD. Q. Has Hogan been in your employ some time? A. Yes;
and I might say he is now, for if we wanted a night hand, or an extra hand, we should employ him—the office would be swept at night, the printing office frequently wants sweeping—Hogan would come ordinarily before the work began for the waste paper
COURT to JAMES BRETT. Q. What time in the morning did you watch Hogan taking the things away? A. It was between 9 and 10 o'clock when he removed the sacks.
JAMES DARK IN re-examined. The hands come to work at 8 o'clock, but some hands come before that to get the fires, and prepare the place—Davis is a stoker, he is there before the others come to work—he it the man who would assist Hogan in getting the waste paper.
VALENTINE DAVIS . I am in the employ of the prosecutor; I remember Hogan coming to my master's premises—he would come about 5 o'clock in the morning; I did not let him in—I was not in that room till after he was in—I have frequently helped him to fill the sacks—I have left him to fill the paper sometimes—I have other business to mind—when he went away the sacks were generally tied up—I never examined what was in them unless I saw it going in—I never saw anything of this sort in the sacks, if I had I would have stopped it—there were sometimes other persons there, and some-times not—I could not exactly say whether I ever left him there when there has been no one else—there was always persons about there—I might have left him, or I might not, I could not say.
MR. PARRY to HENRY JAMES HARDING. Q. When did you purchase this paper? A. In Feb., March, and April this year, in different lots.
COURT to JAMES DARKIN. Q., Were these prints ever missed? A. Yes; when we took stock our attention was called to their being sold in the street, and when taking stock we missed over 1,000 of one of these prints—that was shortly after Christmas—I turned to the books, and found there was above 1,500 of these unpublished prints—I have taken stock since our attention was called to the prints being sold—that was in March or April—I found one print of which there was over a 1,000 missing.
COURT. Q. Do you remember some prints being sold to Harding by Perkins? A. Yes; he had them from Mr. Cassell's, I suppose—he bought them of Hogan—the prints that went to Harding's were purchased by Perkins of Hogan.
Cross-examined by MR. PARRY. Q. Were you present when they were sold, or is it from what Perkins has told you; were you always present when Hogan sold them? A. Not always when they were paid for, they were brought into the place, and paid for afterwards—I was generally present when they were brought in by Hogan—not every time—I cannot say that these are the prints that were brought—they are similar—when I have sorted the bags I have seen prints in them.
COURT. Q. And these prints went to Harding's? A. Yes; all the best of the paper and prints went there.
(Perkins received a good character.)
HOGAN— GUILTY of stealing. Aged 28,— Confined Twelve Months.
PERKINS— GUILTY of receiving. Recommended to mercy by the Jury on account of his character. Aged 29.— Confined Twelve Months ,
MR. METCALFE conducted the Prosecution.
JOHN LYON KITCHEN . I am inspector of the Independent Gas Light Company at Haggerstone. I know the prisoner very will, he is an umbrella and parasol maker, and lives at No. 46, Hackney-road—he has a shop there, which is supplied with gas by the Company—it is my duty to collect arrears and payments for gas for the Company—amongst other persons I had to collect from the prisoner—on 7th May I went to him to collect for 1l. 5s. 2d.; I wrote this receipt (looking at it), in his shop—here is a memorandum which was given me by the collector previously, 1l. 5s. 2d.; it is scratched through as being paid—the prisoner paid me 1l. 5s. 2d.; I gave him the receipt for the amount—this is the receipt with the exception of the alteration of the figure 1 into a 2—I wrote this in the prisoner's presence—I find on the receipt the word "one" that has not been altered, but the figure 1 is made into a 2—that has not been done with the same ink—this is a sort of brownish ink—this is the counterfoil taken from the book, find here is the book it is taken from (produced)—I made this memorandum on the counterfoil at hit shop before I wrote the receipt—I think I saw the prisoner again on 9th June—I was in the private office—I had had some communication previously from one of the officers—I asked the prisoner the purport of his visit to the Company's office, and he told me he had paid me 2l. 5s. 2d.—I had not the receipt with me then—it had been left by him with Mr. Monteith—he said to me, "I paid you 2l. 5s. 2d"—I told him he was not robbing the Company, he was robbing me of a sovereign—it was in consequence of some conversation I had had with Mr. Monteith that I used that expression—I said to the prisoner the recipt had been altered—he said he had not altered it.
Cross-examined by MR. SLEIGH. Q. On the day previously to that the prisoner had been at the Company's office? A. Yes
MR. METCALFE. Q. After the 1l. 5s. 2d. was paid by him, was there any other claim for 1l. made on him? A. No, only for 5s. or 6s.; the claim I am referring to was what he claimed back from that 2s. 5s. 2d.
THOMAS RUTHERFORD MONTEITH . I am one of the clerks of the Independent Gas Company. On Monday, 6th June, the prisoner came to the office, between half-past 1 and 2 o'clock—he brought with him two receipts for an explanation of the charges—he produced this receipt to me—at the time he produced it, it was in the state it now is—I saw it was given for 2l. 5s. 2d. in appearance—he said, "I have called for an explanation of the difference between this receipt and the amount of gas I have consumed—I referred to our books, and found it was 1l. 5s. 2d.—I told him there must be some error in the case, and if he would leave it with me I would get it explained—he gave this receipt into my hands to keep in my possession—I said it was very much out of the usual course for persons to give their receipts up, but I locked it up, and thought nothing of it till the next morning, when Mr. Kitchen came—I called him in and spoke to him.
Q. Did the prisoner call for the return of any money? A. No, but merely for an explanation—I asked him what he had paid—he said 2l. 5s. 2d.—I told him to wait, and I got the receipt—I told him I discovered that it had been altered—I pointed out the change in the figures and in the ink—he said it was false, and said he did not do it, and did I suppose if he had be would have returned me the receipt—I told him it was a very barefaced attempt at fraud, and gave him into custody—he did not ask for any money of me.
COURT. Q. What was the fraud you suggested? A. If he had paid 2l. 5s. 2d. to Mr. Kitchen, Mr. Kitchen must have returned 1l. to him—the amount of gas consumed was 1l. 6s. 8d., and he said he had paid 2l. 5s. 2d.
MR. SLEIGH to MR. KITCHEN. Q. Did you not make a call on the prisoner
after 7th May, and make a further application for money doe to the Gas Light Company? A. Yes, for 5s. or 6s., for gas consumed at his own house—that must have been about the end of May or June—I have not brought the books of the Company here—there was a running account between the Company and the prisoner touching the amount of gas consumed by him—he had been a customer of the Gas Company for some time previously, and an account of the gas he consumed was kept in the books of the Company, the quarterly account—the books, are not here—what I have handed in is a copy of the books.
MR. SLEIGH to MR. MONTEITH. Q. Did you show this memorandum to the prisoner? A. Yes, and he stated that he had paid 2l. 5s. 2d.; he did not make any observation about this paper, whether it was correct or not—I showed it him—I cannot say whether he ever read it—this is a duplicate of the account which had been previously left at his house—he had been dealing with the Company some few years.
MR. SLEIGH to MR. KITCHEN. Q. You made a call on the prisoner after 7th May, and made a further demand on him? A. Yes, for about 5s. or 6s.—he did not say he had paid the Company all that was due.
Q. You called on him and made a demand, and he said he did not owe it? A. Yes, but he removed from No. 28 to No. 46, and I went to him, and said, "Pay the March quarter, and begin afresh;" and be paid me 1l. 5s. 2d., and there was a small proportion due from March to 12th May.
Q. Then your application bad no reference to No. 28, Hackney-road? A. Yes, it had—the man had paid to March, one quarter, but there was some-thing due on the old meter—he then said be would look for the receipt himself.
MR. METCALFE. Q. What was the usual amount of each quarter; did it ever amount to 2l. 5s. 2d? A. Not to my knowledge.
COURT. Q. Just collect your thoughts; was it on 7th May you received 1l. 5s. 2d.? A. Yes, and afterwards there was something due for gas on the old meter—I applied for that the latter end of May, or the beginning of June; that was before he brought the receipt to the office—when I made that application, I told him I should call for the remainder, and I think be called about a week afterwards—he told me, in the presence of Mr. Monteith, that he had paid me 2l. 5s. 2d.—I told Mm he had not, and he was not robbing the Com-pany, but robbing me of a sovereign—that was on 9th June.
Q. That was not the first thing he said? A. When he first came I asked him the purport of his calling at the office, and he said he had paid me 2l. 5s. 2d.—I told him he had not; the receipt had been altered—he said it was not; and on that I said, "You are not robbing the Company, but robbing me. "
MR. SLEIGH. Q. Did he not show you that receipt on the occasion when you called on him the second time and made this further demand? A. Yes
COURT. Q. Did be say he would look for the receipt, or did he produce it? A. He said he would look for the receipt, and I think I called again, and the receipt was shown; that was before he called at the office.
MR. SLEIGH. Q. Did he not show you the receipt on the occasion when you called for the further demand, and did you not say there must be some mistake, and you would go and look at your books? A. Yes
COURT. Q. You did see the receipt the first time? A. I will not be sure whether it was the first or second time, but I did not minutely look to see that the figures had been altered; be called about a week afterwards—I had not taken any steps.
Q. You applied for a sum of some shillings, and on that occasion, or a subsequent one, you said you would look at your books, and you said it was a week after that that he applied; why did not you take any steps in the affair? A. I was not aware of it—I did not notice the receipt at all till I saw it at the office—I did not look at it minutely to see the alteration—I never saw the alteration—when he showed me the receipt I did not look at it, but on the Thursday he stated it was 2l. 5s. 2d.
Q. Did he not tell you what it was for? A. Yes; gas paid to Lady-day, one quarter—he did not say it was 2l. 5s. 2d., that was at the works.
NOT GUILTY .
THIRD COURT.—Wednesday, June 15th 1853.
PRESENT—Mr. Ald. CUBITT and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury,
MR. BALLANTINE conducted the Prosecution.
ISAIAH FARRANCE . I am a pork-butcher and dealer, residing at Cavendish, Suffolk. On Friday, 3rd June. I packed a hamper containing twelve pieces of meat and four legs of pork—I in closed an invoice of the contents—I consigned it to Mr. Cotterell, meat salesman, of Newgate-market—the weight was 116 lbs.
Cross-examined by MR. ROBINSON. Q., Did you weigh it yourself? A. Yes; I put it into the hamper, and packed the hamper myself—no one assisted me—none of my own people were in the shop—I was perhaps ten minutes packing it up—I swear there were four legs of pork, besides twelve pieces of meat.
WILLIAM BYFORD . I live at Cavendish, in Suffolk. On Friday, 3rd June, I fetched a hamper of meat from Isaiah Farrance's house, and took it to the Eastern Counties Railway Station—I delivered it in very good con-dition, and got their signature to it—it had never been disturbed.
Cross-examined by MR. ROBINSON. Q. How was it packed? A. In a hamper about fifteen inches wide, and twenty-six or twenty-seven inches long, and I should think fourteen inches high—that would hold twelve pieces of meat, and four legs of pork.
WILLIAM DORAN . I am in the service of the Eastern Counties Railway Company. My duty is to load the vans—it was so on 4th June—I do not recollect the train coming in that morning—-we do not go near the railway-station—I merely went to the market to receive the vans—I recollect the prisoner coming with a van—he went to the market about half-past 3 o'clock—I saw the latter part of the unloading—ten minutes before we finished we parted from the van in different places; and as I was about fifty yards before the centre of the market, I wanted a horsecloth, took it off the seat, and found a leg of pork—unless I had wanted the horsecloth, 1 should not have seen it—I stood in the van, behind the seat; the prisoner was behind the horse's head—I did not speak to him, nor he to me—Mr. Byford was not there—I informed Mr. Benson, our foreman—I took the pork away, and handed it to Mr. Benson—the prisoner said, "What do you want there?"—I said, "I come for something that Mr. Benson sent me for"—after I found it in the horsecloth, I left it there for about ten minutes, informed
Mr. Benson, and then came back—I staid on the van till we had finished unloading.
Cross-examined. Q. This all took place within the bounds of Newgate-market? A. Yes; it was ten minutes after I first saw it when I took it out of the cart—Mr. Benson did not go with the cart; he was in the street—he attends the market every morning, to receive the meat—he had been there within five minutes before—I cannot say how many packages there were in the van at first; there were above a dozen—there was not one package badly packed, to my knowledge—I would not swear such a thing.
HENRY BENSON . I am a foreman, in the employ of the Eastern Counties Railway Company. My duty is to attend the market, and receive the packages of the salesmen—I went to the prisoner's cart, and saw the pork found—I made a communication, and he was ultimately given into custody—I told him it was my duty to give him in charge, but I should let him go with the horses—he said he hoped I would say nothing about the matter, and it should never happen again.
RICHARD EDWIN WEBB . I am a clerk, at the station of the Eastern Counties Railway. Wood is the driver of one of the vans to Newgate-market—I gave him that sheet (produced)—Cotterell's hamper is in pencil; that was not put down on the duplicate, it was not called—I have a great deal of work to do, and am obliged to do it sharply—it was ticked off by William Minett.
WILLIAM MINETT . I am engaged at Newgate-market. On Saturday, the 4th of June, I had to tick off the vans that came there—I found the prisoner driving a van—I ticked off the hampers brought by him—one more than there was in the bill was called off—I inserted it—that was Cotterell's—this is my handwriting.
WILLIAM JOSEPH GAVIN (policeman), I took the prisoner into custody—I disturbed him at dinner; I did not see the dinner—he said he would finish it, and not be taken into custody on Sunday, and taken from his dinner.
MR. ROBINSON to HENRY BENSON. Q. I understand you say the prisoner said to you that he hoped you would not say anything about it, and it should never happen again; do you pledge yourself to the words? A. It was to that effect—I have stated that before.
JURY. Q. Is there room in the hamper, when unpacked, for another leg of pork? A. I could not say particularly, I did not take notice—the cloth was covered over very comfortable, to the best of my recollection—this (produced) is the invoice.
GUILTY . Aged 31.— Confined Three Months.
GUILTY . Aged 28.— Confined Twelve Months.
MR. THOMPSON conducted the Prosecution.
JOHN SULLIVAN . I reside at No. 21, Little Penton-street, Islington, and am a bricklayer's labourer. I was with the prisoner on Saturday last, between 11 and 12 o'clock at night, near the New River Head, Thornhill-place—I had 17s. 3d. in my tobacco box; it was inside my old jacket—the prisoner saw where I had the money—he said, "Give me your money, you don't want it?"—he caught bold of me, telling me one tale or another, and took the money out of my pocket—I caught hold of him, and accused him of stealing it—I asked him for it back—he up with his fist and knocked me down, and when I was down he kicked me—I did not get up until he was gone—not a soul was passing by, except a woman, while I was on the ground—we had both been drinking together; neither of us was drunk; we both knew what we were at as well as I do now—I did not see him till Monday night, from half-past 8 to 9 o'clock, when I gave him in charge to a police constable—he offered me 10s. in the policeman's presence, when he was taken—I have not seen the tobacco box since—I last saw it not five minutes before he took it out of my possession—he held me with the hand the tobacco box was in.
Prisoner. Q. Where did you first meet me? A. At the Angel—I said to you, "Have a drop of this beer"—we went out before the others did—we went to a house in Gray's-inn-lane, and I sent out for half a pint of beer; I did not send out for a gallon—we left there, and had a lot more—the row between you and me was caused by your taking the money from me—on my oath I did not strike you on the face—I was not drunk when I first met you—I was not sober—I did not say before the Magistrate that I was drunk.
MR. THOMPSON. Q. You say the box was in your coat? A. Yes, in my pocket—my pocket is quite sound.
JOSEPH GREEN (policeman, G 90). Last Monday week, between 8 and 9 o'clock at night, the prisoner was given into my charge by the prosecutor for stealing 17s. 6d. and a tobacco box—I told him the charge—he said he knew nothing about it, and if the prosecutor would not press the charge he would give him 10s. on the next Saturday.
Prisoner's Defence (written). "If I knocked him down and robbed him, why did he not give me in charge before? I was innocent of the money; I was drunk, and so was he; on Saturday night, 4th June, at half past 9 o'clock, I went into the Angel Inn, High-street, Islington, to have a pint of beer; the prosecutor stood against the counter, and there were more there; he asked me where I had been all night, he could not see me nowhere; he asked me to drink out of a pot, and I did, and his mates that were with him called for another pot, and left it to us to drink; he went out, and asked me if I would go to Gray's-inn-lane with him, that we might have some more beer, and I told him I did not wish him to go, it was better to go home, and give the money to his wife; but he persuaded me to go; we had nothing to drink till we got to Gray's-inn-lane; we then went into a friend's house, and sent for beer, and then we got drunk, and left the house to come home, and coming on the way we went into another house, and had some more beer, and after we left there we had some words of difference, but I do not know what caused it; he struck me, and I him; that is all I remember about it; I don't know about his money no more than the child unborn; 1 have known him for the last four years, and he knows me; I am a hardworking man, and have not means enough to employ counsel.
GUILTY . Aged 29.— Confined Eight Months.
MR. PAYNE conducted the Prosecution.
WILLIAM NYALLS . I am a weaver; I live at 3, Hodson's-court, Mile-end New-town. I know the prisoner by sight—on the evening of Friday, 27th May, about 12 o'clock, I was at the Jacob's Well public house, playing at cribbage—the prisoner came into the tap, and turned up the cribbage board—I said, "What did you do that for?"—he said, "Because I like"—I had not spoken to him before—he said he would fight me, and said, "I will give you a spank across the nose"—I said I did not want to fight, and then he gave me a backhanded blow like this (describing it)—that did not put my mettle up—we did fight, and were parted, and then I went and sat down—he was taken away by some one that he knew—while sitting down he came and said he would fight me for 5l.—he took up the cribbage board, and made a hit at my head—he missed my head, but broke the pipe in my mouth—then we went out into the street and had another round—I saw a policeman, and went towards my house—somebody hallooed out, "He is behind you"—I turned round, and saw the prisoner sparring up to me—I went into the road to defend myself, and we had another round—we both fell, and while we were down he tried to bite me in the private part of my person, and as I was getting up he pinched me also in the same place—he caught hold of my trowsers with his mouth near that part—when we got up he came up sparring, and stopped to tie a handkerchief round his head, which he took out of his pocket, and I saw him pull out a knife, shut up, from his right band trousers pocket—he began sparring up again, ran at me all of a sudden, and stabbed me under the left eye—he then cuddled me round the neck, and stabbed me on the top of my head—he then threw me down, and as I was trying to get up he stabbed me again near the left ear—I said I was stabbed, and he ran away—I called out" Police!"—a policeman came, and I gave him in charge—I found him at the door of the Jacob's Well—in going to the station house he said he would give me one that I should remember when he came out—I went into the London Hospital the same night, the wound was dressed, and I remained there till Monday morning—the surgeon attended to me—I have been weak ever since, and not able to follow a day's work.
Cross-examined by MR. THOMPSON. Q. Had you ever had any quarrel with the prisoner previous to his coming to the house? A. Never; I was playing at cards for a pint of beer—I had no drink whatever previously—the prisoner was not drunk that I saw—we had the first round in the street, opposite the Jacob's Well—it is a public road, not Macadamised, but has proper pavement, the same as other roads—we both were down: he was underneath—as I was getting up, he caught hold of my trowsers—there were several persons looking on—they were regular rounds—once it was on the pavement, and once in the road—we had five falls—I was never underneath—I was the better man—when I heard them say he was coming after me, the fight was not over—I did not want to be locked up—we both had an equal share of it—when he pulled the knife out, he was in the road, near the pavement—it was a beautiful moonlight night—there was gas-light close by—when I saw him take out the knife, we were not fighting, we were sparring up; and he stopped all of a sudden, and said, "I am going to tie my handkerchief round my head"—I gave him that privilege—I did not see him drunk—he did not appear angry with any one but me—we had not had a quarrel before—I did not go into the Jacob's Well till 10 o'clock—one Call was in the road—the road is paved with stones—we fell near the kerb—the knife was closed; I do not know how he opened it—he stopped with hit pal for a few minutes.
MR. PAYNE. Q. Did the wound in the eye happen from a stone? A. No; nor that on the head, nor that under the ear—when I was going away I had no intention of fighting any more—I bade my friend good bye, and said I should not fight any more—he was talking to a companion after he put the handkerchief round his head—he had plenty of time to open the knife—I am quite sure I was stabbed with a knife.
RICHARD BENNETT . I am a labouring man, of High-street, Mile-end. I was at the Jacob's Well that night—there was a quarrel—I saw them go out of the house—after the third round, I heard one of them say he was stabbed, and I went up, and lifted one of them off the ground—the prisoner was in the act of closing a knife—he put it in his right-hand pocket—it was a similar kind of knife to this (produced)—the prosecutor bled very much; the blood was running all down his clothes.
Cross-examined. Q. Were you in the Jacob's Well? A. Yes; I saw the commencement of the fight—I seconded him—they had three rounds—at the time he called out he was stabbed, I believe they were on the ground—there was that amount of confusion at the time, that I did not know which I picked up—they had been down hardly a minute, no time I considered—the prisoner was getting very much the worst of it—I did not see him take the knife out—I am certain I saw him put it in his pocket directly afterwards—I turned round, saw him on the pavement, went up, and said, "Did you use the knife?"—he ran away—the other one ran after him, and called out "Police!"—I never saw the prosecutor before that night—I think there was also a friend with the prisoner—it was the last round when the knife was alleged to be used—there were two rounds in the same place, and they had fallen in the middle of the road—the prosecutor came up to the prisoner in the last round just the same as in the others—there was no difference so far as I saw—there was a struggle and confusion.
MR. PAYNE. Q. Are you sure you saw the prisoner put the knife in his pocket? A. Yes—the prisoner was rather the worse for liquor—I heard he had been at the Jacob's Well all the afternoon—I saw him turn over the cribbage board—he was very fast talking—I saw him take a quart of beer in the Jacob' Well—they had been smoking too—when he turned over the board, I was at the other end of the room—I saw the act done.
ALFRED ADAMS MANTELL . I am house surgeon to the London Hospital. The prosecutor was brought there at a quarter to 1 o'clock—I examined him, and found a wound on the neck, one at the top of the head, and another under the ear—the wounds were such as could be caused by a knife like this produced—he did not bleed much after he came into the Hospital—his clothes were covered with blood—I dressed his wounds—he remained till the following Monday.
Cross-examined. Q. What kind of wound was that under the ear? A. A punctured wound, produced by a point—not such a wound as might be produced by a fall or a stone—they were not dangerous.
COURT. Q. That is considered dangerous behind the ear? A. Above the ear—it would produce loss of blood.
CHARLES JAMES CHILD (policeman, 193). I took the prisoner into custody at the door of the Jacob's Well, at 12 o'clock the same Saturday morning—I took the knife from his right hand trowsers pocket—he was worse for liquor a great deal.
Cross-examined. Q. Did he look as if he had been much knocked about? A. He had got a blow on the neck; it had been a regular fight.
(The prisoner received a good character.)
GUILTY of unlawfully wounding. Aged 17.— Confined Twelve Months.
716. GEORGE LOUISSON , stealing, on 19th May, 2 umbrellas, value 30s.; the goods of Thomas Morland and another. 2nd COUNT, stealing within six months, to wit, on 20th May, 2 umbrellas, value 30s., of the said Thomas Morland and another: be pleaded
GUILTY Judgment Respited. to the second Count,
(C. H. Lewis, Esq., solicitor, of Ely-place, Holborn, gave the prisoner an excellent character, and stated that he would endeavour to procure him employment.)
MESSRS. PARRY and RIBTON conducted the Prosecution.
THOMAS NEAVE . I am shopman to Mr. John Grant, of No. 70, London wall, pawnbroker; I sleep in the shop. On Monday, 16th May, I was awoke by a noise—I heard the side door which leads into the passage open; it makes a noise when opening—I noticed a glare of light from a lantern or candle—I immediately jumped out of bed, went, into the back shop, looked through the window, and saw the prisoner, Jackson making his way on the top of the water closet—I heard a noise of more than one person calling out "Jackson," from the house top—I went to the door of the next house, and met three men coming out of Carpenter's Hall gates—there was a policeman within twenty yards, and I called his attention to them—they went to the policeman and passed him, one on one side, and the other on the other—on looking over the premises I found two hats and some tools, one of the hats has been tried on Jackson, and it fits him (the hat was here produced, and tried on Jackson)—I found the shutters on the first floor had been opened with a centre bit—they are bound with iron, and have bars at well—the wood work was riddled—the lead work of the plate room had been pulled up, that is where we keep valuable plate—there was a great quantity there—I found a chisel left by the burglars—it fitted the mark under the lead—I have tried it—they got in at the second floor window—they must have got on one another's backs—the window shutters of the first floor were very much strained—a centre bit would have done what I observed—I saw Jackson again at the station house on the Monday following—this occurred on the 16th, Whit Monday—I have no doubt that that is the man.
Cross-examined by MR. PAYNE. Q. If I understoodyourightly, you were asleep first, and were awoke by a noise? A. Yes; hearing a door creak, and then there came a glare of light into the shop—it is about a yard and a half across from the house to the water closet across the yard—I saw Jackson making his escape over to the right towards Messrs. Waterlow's house, they rent the next door—that was all the opportunity I had of seeing him—the men had caps on to the best of my belief—the window in the shop is plain glass, it had been cleaned about a week before.
MR. RIBTON. Q. Had you a full opportunity of seeing him on the water closet? A. I have no doubt about it—Messrs. Waterlow rent the Carpenter's Hall premises; it is a printer's, I believe—it is next door to our house—when I went out into the street I saw the three men coming from the same passage that leads from Carpenter's Hall—the man on the water closet could have got to that passage—I heard a noise of other people in the house—I know they got out at the second floor window, because there was no other open.
the police—Saddlers'-place, London Wall, is about forty yards from the premises of Mr. John Grunt, in the same street, opposite the Circus. On 16th May, at 4 o'clock, I was coming down Saddlers'-place, and perceived three men; the two at the bar were among them, and one made his escape to the Circus—they were coming from a few yards this side of Mr. Grant's, from the direction of Carpenter's Hall—I saw the prosecutor behind me—when he perceived me, he called out, "Police, stop thief"—as I advanced they separated; one man struck off to the Circus—I could not perceive which it was—the others passed one on each side of me—Smith went on my right hand, and the other on my left—they went towards Bell-alley—I sprang my rattle, followed them to Bell-alley, and lost sight of them—I met another policeman, and gave information to him—I can only swear to Smith—when I saw them, two out of the three had no hats on.
THOMAS CHAMBERS (City policeman, 453). I was on duty on 16th May, in Prince's-street, near the Bank, about 4 o'clock in the morning—I saw the tallest of the prisoners coming from Moorgate-street, going towards London Bridge—I could not see from Prince's-street, whether he was coming from London Wall, as it turned a corner—I think it is nearly a quarter of a mile—it would take live minutes to walk quick—there were two together, neither had hats—the one in advance was shorter than Jackson—I asked Jackson where their hats were? he told me they had had a spree at 12 o'clock the overnight, and lost them—I asked him where they had been since? he told me they had been on the spree all night, and were going to work then—they appeared in a hurry, walked very quick, and turned down St. Swithin's-lane.
Cross-examined by MR. PAYNE. Q. You had not seen anything of the witness Oakley, had you? A. No; I am not the person he spoke to—they had no caps on.
ALFRED GREEN (City policeman, 376). On Friday, 20th May, I received a written description from Neave, and went to No. 1, Garden-court, I found Jackson there, and took him into custody—I had a reason for not apprehending him before—I left Jackson in charge of Webb, and went to No. 8, King's Head-court, Fetter-lane, and apprehended Smith—I took them to Moor-lane station house, told them they were charged with breaking into Mr. Grant's, of London Wall, and likewise asked them if they could account to me for where they Were on Whit Monday morning, at 4 o'clock—I told them they need not answer the question—Smith refused to give an account—Jackson said he went to bed between 12 o'clock and 1 o'clock on Sunday night, and got up at 8 o'clock next morning.
Cross-examined by MR. PAYNE. Q. Did you give evidence before the Magistrate? A. I did not.
JOHN FOSTER . I live in Whitecross-street. I had the misfortune to be in prison in Guildhall—I was remanded till Wednesday, and then to Friday, and I paid ten shillings fine—I saw the two prisoners there in the cell—one or two of the police came down and called them out of the cell, and tried a hat on both their heads, but neither of the hats fitted—I was brought out as well—then we came back again into the cell, and one said, "Well, it is up with us now, but we don't care so long as the other one keeps away"—Smith mid, "I expect we shall get twelve months, but if the other gets taken, we shall be transported"—a young woman came and talked down through the bars; they told her to make haste, and go and tell the one they called William Jones, to keep away in the country—that is the man the hat belongs to—they said they had gut into the place, and Smith made a stumble going up
stairs—they quarrelled in the cell because they had not done it right—Jackson blamed Smith because he made a stumble—Jackson said it was all his fault, or else it would not have been found out—they said that when the alarm was made they ran away, and two of them kept together—Jackson was blaming Smith for making a noise, and then they quarrelled—then they began talking about which way they ran, and Jackson said if they had made the lob, it would have been 200l. or 300l.
Cross-examined by MR. PAYNE. Q. How many robberies have you committed? A. I do not know—I was sent there from Wednesday to Friday for pledging a pair of boots which were given me to make—my shop time is 8o'clock in the evening, and I was too late—I took them to pawn next morning—Mr. Molyneux had questioned me when I was remanded, and I told him the first morning we were in the Guildhall, what had happened in the cell—I have not been examined about this before a Magistrate—these men said all these things openly before me in the cell—I was alone with them all that time—this is the first time I have been here—I was summoned this morning.
MR. RIBTON. Q. You told the policeman Molyneux? A. He questioned me when he had me in charge—I told him this conversation the same morning it took place.
Smith's Defence I came back to the cell, and as to the 300l. lob, I never heard anything of it before.
JACKSON— GUILTY †. Aged 20.
SMITH— GUILTY †.—Aged 19.
Transported for Seven Years.
MR. LILLEY conducted the Prosecution.
WILLIAM LAWRENCE . I live at No. 39, Beech-street, Barbican. I conduct the business for Mr. William Sharp, a pawnbroker—the prisoner has been in Mr. Sharp's employ for about three weeks—on Saturday, 4th June, I came down stairs between 8 and 9 o'clock; before I came down I heard five parcels thrown down the well—they fell in the shop—one of them was a pair of boots—I was told they were pledged for 5s.—the well is at the too of the house—I looked into the box where the tickets were put, and found the ticket for the boots Was not there—I found four other tickets—I looked round the shop for that ticket; I did not find it—I asked the prisoner if he had delivered a pair of boots for 5s., given them out—he said, "I believe I have"—I Asked him for the ticket—he made no answer—I told him he knew where it ought to be—I could not find it, and told him to see if he could—he took out the box where the tickets should have been put, and looked in it—the boots were under a case under the counter—his countenance told me where the ticket was, and I told him to turn out his pockets—he told me he should not do so—I told him if he would not turn them out I would go in the parlour, send for an officer, and have them turned out for him—he said he should not go any further, and was going down stairs—while I was laying hold of him, and struggling, he took the ticket out, and threw it down; I picked it up, and gave him into custody—there was money missing, and that was the reason I suspected him; eighteen pence one night.
Cross-examined by MR. PARRY. Q. Did you search the maid servant? A. No; I did not charge her about this—I dismissed her, but not at the time—I am foreman—Mr. Sharp has no right to the plate, except as executor—I could have brought the probate, and the will, and the license—I am not aware that I had been using strong language to this young man—we had had no quarrels
at all—I told him the second day that he was of no use to me, and as soon as I got suited he should leave—he did not say he did not want to suit me—as foreman, I am master—the night before this I heard him and the maid servant laughing, and I told the girl it was not proper conduct—this was between 10 and 11 o'clock—I was not listening—I came down to do up the street door and heard the young man and the girl giggling together—he did not say, if he had known I had been listening he would have pitched me down stairs—I have no books here—I put the accounts together—there was nothing offered at that time in the morning—there were two lads in the employ besides this man, one up stairs, and one down—there was a young man of the name of Franks in the shop—as regards this ticket, it goes in a bag up the spout—we ring a bell at the bottom, and a little boy at the top throws the parcel down with the ticket—I was unfriendly with the prisoner because I was deceived, and he would not suit me—he did not come from Wingfield.
MR. LILLEY. Q. Who is in the possession of the property? A. It is carried on under Mr. Sharp's name, but I am there to superintend—Mr. Sharp carries it on as executor; I am servant to him—I had nothing to do with the maid servant—the boots are not here—the people must pay when they take the things out—they ought to put the ticket in the box, and the money in the till—I examined the till that morning.
MR. PARRY. Q. How much money was there in the till? A. I cannot say—a good deal, not less than 5l.
MR. LILLEY. Q. When you asked him about the money, what was his answer? A. I told him, "You have thrown the ticket away; but come into the parlour, and I will have a policeman"—I sent for a policeman—the prisoner was searched in my presence—we found three half crowns and some coppers—after he threw the ticket away, I said, "Now I see you have thrown the ticket away, we shall find the money in your pocket"—he made no reply.
NOT GUILTY .
GUILTY . Aged 23.— Confined Four Months.
(The prisoner, being a foreigner, had the evidence explained to him by an interpreter.)
THOMAS BUYRUS . About a month ago I was outside the Standard public house, Wells-street, in the liberty of the Tower—I saw a crowd there, went up to it, and saw the prisoner make a hit at somebody, with a knife in his hand—I did not see what was going on before—I caught hold of his hand—the other person did not have his jacket off at the time—I saw it afterwards—it was smothered with blood—that person was the prosecutor—he said his name was Joseph Brown in my presence.
JOSEPH COMLEY . I am a surgeon. I recollect examining a man named Joseph Brown—I think it was the 14th of May—I found an incised wound on his neck and shoulder, just below the shoulder joint—it was not a severe wound.
(Joseph Brown, being called, did not appear.)
NOT GUILTY .
OLD COURT.—Thursday, June 16th, 1853.
PRESENT—The Lord Chief Baron POLLOCK; Mr. Justice ERLE; Sir PETER LAURIE, Knt., Ald.; Sir JOHN MUSGROVE, Bart., Ald.; and RUSSELL GURNEY, Esq.
Before Mr. Justice Erle.
721. PHILIP EGGLETON , stealing, whilst employed in the Post-office, a certain post letter, directed " Mrs. Featherstone, laundress, Lower-heath, Hampstead," containing 12 postage stamps, 1 gold coin, called a half guinea. and 1 sixpence; the property of Her Majesty's Postmaster-General: to which he pleaded
GUILTY . Aged 21.— Transported for Ten Years.
GUILTY . Aged 24.— Transported for Ten Years.
Before the Lord Chief Baron Pollock and the Fourth Jury.
MESSRS. BODKIN and HUDDLESTON conducted the Prosecution.
MR. BODKIN hating opened the case to the Jury, MR. METCALFE, who appeared on behalf of the prisoner, stated, that he was desirous of withdrawing his plea. and pleading guilty to the charge. The COURT considered that this course could not be taken, as the Jury were sworn, and could not be discharged without giving a verdict, and that the proper course would be for the prisoner publicly to say he was guilty, and then the Jury could find him so.
Prisoner. I am guilty.
GUILTY . Aged 30.— Transported for Fifteen Years.
(There were two other indictments against the prisoner.)
Before Mr. Justice Earle.
MR. HUDDLESTON conducted the Prosecution.
THOMAS BURKE . I live at No. 17, Spring-gardens, Pimlico. Mary Mead was my sister; she was the wife of the prisoner; they lived at Henry-street, Portland-town—I saw her on Monday night, 30th May, previous to her death—she died between 9 and 10 o'clock; the prisoner was present—when I went into the room she was in a very bad state, not fit to say much—she spoke to me before she died, and the prisoner heard what she said—all she said was, "Is this Tommy?"—I said, "Yes"—she said, "Give me your hand;" and I gave her my hand, and she had it in hers for five or six minutes, and said, "Where is Frank?"—I said, "Here"—she said, "Give me both your hands together in my hand"—we did so; but she said no more after that, she died then, and I stopped a few minutes, but could not stop any longer; I was supporting her up, and I said to a cousin of mine, "You take ray place, I cannot support her any longer;" and she expired a few minutes afterwards.
Cross-examined by MR. M. PRENDERGAST. Q. How long had she been
married? A. I cannot say; I have been in London sixteen years, and she must have been married four or five years before I came to London—I have not seen her for the last seven or eight months—she was not a sober person.
HANNAH GRAY . I am a widow, and live in Henry-street, in the same house as the prisoner. I knew his wife—they occupied the front parlour—on Saturday night, 28th May, a little after 12 o'clock, I heard a scream at the bottom of the house; I went down to the door of the prisoner's room, and he closed it just as I got there—I heard the little boy cry out, "Oh, father, you have killed my mother; she is dead"—I unlatched the door as fast as I could, and the prisoner had not returned from the door then after shutting it—he was in the act of taking his wife up by the hair; he swung her round, and knocked one cane bottomed chair down, and the next to it as well, the baby's chair; and he threw her into a corner of the room on a little bed on the floor, and said, "Go to bed to your child, you b—r"—the baby was sitting on the foot of the bed, screaming ready to go into fits—I said to the prisoner, "Don't ill use that poor afflicted creature, don't ill use her"—directly he returned from the bed I retired from the room, and stood outside for I dare say ten minutes, and heard his wife talking to him; but being up in a corner I could not distinctly hear what it was, but he was accusing her of spending some money, and the little boy said, "Father, mother has not spent the money; she gave it to me to fetch something in"—he told his father that she had given him 1s. to buy a pair of shoes, which were in the drawer, and tried to smoothes his father from going at her again—he said, two or three times over, "Don't father, don't father, my mother is dead"—after I left the room the deceased called out a time or two, on which the prisoner said he would give her something presently for hallooing—I went away after that, and saw so more till the Monday—she was then upright in bed in a sitting posture; she was such a size that she could not lie down—her eyes and face were in a dreadful state, and very much discoloured; every part of her was swelled just ready to burst—she could just see out of the corner of one eye—she spoke to me when I went to the bedside, and asked me how my daughter was, who had been very ill; I told her she was a great deal better, and with difficulty she said she was very glad—that was all that passed, and I went out of the room immediately—she could scarcely speak.
Cross-examined. Q. Had you seen her on the Saturday? A. Yes, a great many times; she then appeared better than she had for a length of time—she had not been drinking when I saw her at 20 minutes past 8—she did not fall down stairs in our house, a day or two before—I never heard of it—I did not see the prisoner on the Saturday till just as the public houses closed—he did not appear to me to be drunk—I do not think he was much the worse for liquor when this occurred—I had not been in his company, but he walked up and down the street just before as comfortable as possible—I do not think he was any the worse for liquor—I do not know what he had had—he only passed me at the front door at 12 o'clock, to go to the public house—it was closed, and he came home—I may have said I thought he was half tipsy, but he was not tipsy.
MR. HUDDLESTON. Q. Had you seen him walk? A. Yes; from our house down to the Pitt's Head and back again, as straight as a man could walk, and if he had been tipsy he could not have done that, and I do not consider that he was tipsy.
I was present when my mother died, about 11 o'clock on Monday night—on the Saturday night before that, my mother and I took tea together, my father was at home lying down on the boards asleep—my mother had not been well—after tea I and my little sister went out—we came back between 7 and 8 o'clock—I then went out again, and came back about half past 10 o'clock—my mother was then lying down on the boards by the side of my father, with the baby—she was not asleep, but the baby was going off to sleep—about half or three quarters of an hour after that my father and mother had some words about some money that my father bad given to my mother, and he suspected her of spending some of the money—he hit my mother in the face with his fist, and knocked her down—he then kicked her twice here (on the hip) while she was lying on the boards—as he did that he said something in his own language, Irish—I did not understand what it was—I cannot remember whether my mother said anything to him—Mrs. Gray did not come into the room at all; all she did was just to open the door, and put her head in, and as soon as she had done that she went out again—I cannot remember what my father was doing to my mother at the time Mrs. Gray came—there was a bed in the room—my mother was not near it; she was up against the door—she was on the bed afterwards, because my father put her on it by the two arms—he did not drag her there, be lifted her up off the ground by her arms—I was very much frightened when I saw this going on—one of the chairs was knocked over, but only one—I cannot say whether that was done at the time my father had got my mother by the arms—my mother was not able to walk after that, only by holding by something—she was able to walk before he struck and kicked her—my father afterwards went and fetched a medical man—my father had his boots on when he kicked my mother—he has a lame foot, with a laced clump boot on it—it was with that foot that be kicked my mother—it had the dump on it.
Cross-examined. Q. Had your mother been out on that Saturday? A. She went out to bring home my father—he spoke to her about spending money in drink—that is what the quarrel was about—I am sure he lifted her by the arms when he put her on the bed—the little baby was crying in my arms, she was not on the bed; she cried from the commencement of the quarrel to almost the latter end.
DUCKWORTH JOHN NELSON . I am a member of the Royal College of Surgeons, practising at St. John's Wood. I knew the deceased for some time—I was called on Sunday morning, 29th May, between 10 and 11 o'clock, and found her sitting up in bed, breathing with great difficulty—her eyes were bandaged—I observed bruises about her arms, and considerable distention from the escape of air underneath the skin, indicating that the lungs had been wounded—the tenth and eleventh ribs on the left side were fractured—she was perfectly sensible—her husband was in the room, and while he was there she said that she met with an accident by falling down stairs over a pail or a bucket—I saw her again on the Monday morning, between 6 and 6 o'clock—the prisoner was present, and I asked him to retire, and then had a conversation with her; it appeared to me that she was conscious of the dangerous state in which she was—I do not know whether she expected immediate death, but her condition was manifestly dangerous, and I think she was impressed with that condition.
COURT. Q. Did you communicate to her that she might expect almost immediately to die? A. No, she did not say anything to me expressive of an expectation of immediately dying—my opinion was that her lifew as in danger, and I thought she must have perceived that her disease was dan-
gerous from my calling twice in one day, and the house surgeon once; making three visits in a day.
The Court considered that there was not sufficient proof of the deceased being in immediate apprehension of death, to make, what she stated in the prisoner's absence, inadmissible in evidence.
MR. HUDDLBSTON. Q. Did you make a post-mortem examination? A. I did; on the Thursday morning, by order of the Coroner—I found a small clot of blood between the scalp and the skull, about the size of a shilling—on removing the skull, I found no remarkable indication of disease—I found the tenth and eleventh ribs on the left side broken—the inflammation which resulted from the fractured ribs was the cause of her death—I have heard the evidence, and believe that the kicks I have heard described would be sufficient to account for the injuries I found on the ribs.
Cross-examined. Q. If the kick had been sufficiently strong and violent it would have caused it; but a fall down stairs would have caused a fracture? A. Certainly—the ribs being fractured, the edge of the bone presented a very acute point, and penetrated through the pleura into the lungs; I believe that her death resulted from inflammation of the pleura—I had been treating her before for disease of the lungs; she had bronchitis, and also a disease called emphysema. in which the lungs present the character of large vescicles, resulting from dilated or ruptured air cells, probably both.
MR. HUDDLESTON. Q. You say the ribs perforated the lungs? A. Yes; that was the effect of the fracture: which might have been produced by the kicks described—I believe that the inflammation which followed from the puncture of the pleura by the broken ribs, was the cause of death—the dilation of the lungs was in a very different part—there were no morbid indications in the lungs at that part, which would in my judgment be the cause of death; but she had had that disease for some years, and it might eventually have caused her death, if this had not taken place.
GEORGE EDMUND SMALE . I am a surgeon. I assisted in the post-mortem examination of the deceased—in my judgment the broken ribs were the cause of death—the ribs might have been broken by the kicks which I have heard described—the injuries were quite recent.
Cross-examined. Q. The broken ribs might have been produced by a fall down stairs? A. Yes; the prisoner fetched me—I had been attending the deceased before, and had frequently seen her at the Dispensary, and prescribed for her.
MARY WYNNE . I am a widow, and live at Victoria-terrace, Portland-road. On Sunday, 29th May, I went to see the deceased—the prisoner was sitting by the side of the bed, and I asked him how it happened—he said it was from the effects of drink; that she called upon him on the Saturday, and he asked her to have something to drink; that he was in company with some other persons, and she would not have it, and he came home and laid down to sleep, and when he got up he found her lying before the fire, and she was so afraid of him that she ran down stairs, and broke her ribs—I stopped with her till 10 minutes past 11 o'clock by the clock in the house—about 6 o'clock she requested to see a clergyman, and the prisoner said, "If you have anything to say, say it before Mrs. Wynne"—she called him to her bedside, and said, "Francis, I am worse"—he held his head over, and I beard her say something; I could not hear what; but he said, "If you have got anything to say, here is Mrs. Wynne, your old acquaintance, speak out"—she said, "What do you want me to say?" in a very short tone—she then said, "I forgive you, and the Lord forgive you; take care of my children, and do not beat Frankey. "
EMMA RICHARDSON (examined by MR. M. PRENDE ROAST). I live in the same house. On the Sunday after this took place the little boy came to me with a message that his mother wanted to see me, and I went down and saw her; she was in bed—the prisoner was not present—the deceased was in great agony, and told me that she was going to die—when I went into her room site was in a kneeling position in the bed, and I scarcely knew her—she said, "Mrs. Richardson, I am dying; come to me, and I will tell you"—I said, "Good God! Mrs. Mead, what has happened?"—she said, "We went out yesterday; you know we were teetotallers, but we took a drop to drink, and glory be to God, some one over-persuaded me, and I took half a glass of gin, and the share of a pot of beer"—she was in great agony, and I got some vinegar to put to her head—I asked her how her ribs were broken, and she said that Doctor Nelson had been to see her, and that she had had a fall down stairs, and broke her ribs—I went to the Dispensary, and the doctor came back with me.
MR. HUDDLESTON. Q. Was the prisoner in the room at the time? A. No; this is my deposition (looking at it)—it was read over to me before I signed it—the prisoner was in the room when the deceased told Dr. Nelson, but not when she told me first; and when Dr. Nelson came into the room he asked her how it was, and she said she had had a fall—me and my sister were there, and assisted the doctors in stripping her.
COURT. Q. She appeared to you to be in immediate apprehension of dying? A. Yes; she told me she was dying directly I entered the room.
COURT to MR. NELSON. Q. What did she say to you on the Sunday? A. There were two statements made—she at one time stated in the prisoner's presence, that she met with an accident by falling down stairs, and I took a subsequent opportunity of asking her in the prisoner's absence, and she said the same thing—the last statement was made on Monday, in the prisoner's absence; but both times she said the same thing.
GUILTY . Aged 42.— Transported for Ten Years
Before Lord Chief Baron Pollock.
MR. BALLANTINE conducted the Prosecution.
CHARLES CUSHEN . I live at No. 17, Cambridge-street, Hyde-park; and am shopman to Mr. Smith, a grocer. On 26th May, about 7 o'clock in the morning, I was in my bedroom—the prisoner's room is between mine and that in which the little boy, my master's son, sleeps—I heard Frederick Smith calling out, "Oh, Sarah! oh, Sarah!" I got out of bed, ran into the boy's room, and saw the prisoner on the bed, with the little boy underneath the clothes; she had a large carving knife in her hand, and struck at the boy's neck with it, and he caught it with his hands—I immediately took the knife from her hand, and threw it out of the room; there was blood on it—the moment the prisoner found that somebody had interfered, she fell on the bed apparently insensible—the boy ran out of the room; I noticed that he was bleeding, he is between twelve, and thirteen years old—the prisoner said nothing whatever—this is the knife (produced).
Cross-examined by MR. RIBTON. Q. The prisoner was undressed, I believe? A. She only had her gown on, nothing else; she was apparently as if she had just got out of bed—I afterwards addressed her by name—she was lying over the boy; I removed her from the position in which she was after the boy ran away—before she fell I had done nothing but take the
knife from her—I had no difficulty in taking it from her—I did not observe her eyes, she laid her face on the bed.
JURY. Had you any difficulty in getting the knife; did she give it up immediately? A. I took it from her hand as she fell on the bed, she fell immediately on my entering the room; she was not really senseless it was all put on—not a moment elapsed from my hearing the screams, and entering the room.
FREDERICK SMITH . I am thirteen years old, and am the son of Thomas Smith. I recollect being in bed one morning; I was awoke by feeling a knife in my neck—I saw the prisoner on the bed, kneeling on my arms—she struck at me, and I seized the knife, and drew it through my hands, but I never saw it—it cut my hands—she tried to prevent my giving any alarm; she put her hand over my mouth—I never saw anybody come into the room, but I felt her stop, and I got out of bed and ran away—I was much hurt—one day before this, it was on the Tuesday morning as this happened on Thursday, I lost my penknife, and asked the prisoner if she had found it; she said, "No," she never carried a penknife about with her—there was no quarrel, but I said in a joking way, "Sarah, you must have seen it;" she said, no, she had not—I did not appear angry—both my hands were cut, and my neck likewise.
Cross-examined. Q. When you awoke, did you address her by name? A. Yes; I called out, "Sarah!" more than once—she said nothing the whole time.
THOMAS SMITH . I am the father of the last witness. On the morning of 27th May, I heard a noise, came out of my room, and met him on the top flight of stairs bleeding very much—I took him down stairs, wrapped him up, went up stairs into his room, and found the prisoner lying on his bed—I said, "Sarah, what have you done this for?" she made no reply—I said, "What could have induced you to commit such an act as this?"—she made no reply—she had been in my family more than three months as general servant.
Cross-examined. Q. I believe she came to you from Gloucestershire? A. Yes; she was engaged by a sister of mine down there, and I believe had a good character.
JURY. Q. Had you any cause to complain of her? A. She was not a good servant—I cannot account for this at all—I never had any words with her—she would have been sent home in a month after she came, had it not been for me; I was not agreeable to Mrs. Smith sending her away; I said she was a young country girl, and probably she would do.
WILLIAM FORDHAM (policeman, D 272). I was called to Mr. Smith's house—I went up stairs, and found some blood on the top of the stairs—I saw the prisoner on the bed—there was blood on the bed, and on her hands and arms—I took her into custody, and told her it was for attempting to murder—she said nothing—she never spoke till she got to the office.
Cross-examined. Q. When you went into the room was she lying on her face? A. No; more on her back—she had a gown on, but no shoes or stockings—I observed no symptoms of intoxication about her.
----BROWN. I am assistant to my father, who is a surgeon. I went to the house on this morning, and saw the little boy standing on the landing, bleeding, with a cut on his neck, another on his chin, and several on his fingers—he was afterwards seen by the hospital surgeon.
Cross-examined. Q. You did not see the prisoner? A. I saw her carried down by the policeman; she did not move at all; she had her eyes shut, and her head over the policeman's shoulder.
HENRY BULLOCK . I am house surgeon to St. Mary's Hospital. On 31st May I saw the lad Frederick Smith at his father's house—he had two wounds on the left side of his neck, one immediately under the chin, and the other close to the ear; they were then healing; they were not of any great extent, as far as I could judge—there were also wounds on his fingers and on the back of his left hand—if those wounds had gone deep enough they would have endangered his life—they were superficial wounds, and could have been caused by this knife.
Cross-examined, Q. Did you see the prisoner? A. Not till she was at the police-court, some days afterwards—I have been house surgeon to St. Mary's Hospital two years—I have not been in the habit of attending persons afflicted with somnambulism—I have read such cases—I have heard the evidence here to-day.
Q. Suppose a person had had some alarming dream, and had started from bed under the influence of that dream, do you think that the condition of the prisoner could be accounted for in that way? A. Hardly—I have read the "Medical Jurisprudence" of Mr. Taylor.
Q. "Two persons had been hunting during the day, and slept together at night; one of them was renewing the chase in his dream, and, imagining himself to be present at the death of the stag, cried out,' I'll kill him! I'll kill him!' the other one, awakened by the noise, got out of bed, and by the light of the moon beheld the sleeper give several deadly stabs with a knife on the part of the bed which his companion had just quitted;" do you think that the prisoner's conduct might be the effect of some terrible dream? A. I should think it would be exceedingly improbable that a person would commit a manual act in that way—I have had no experience of somnambulism; I have read of cases similar to that which you have quoted—I am a member of the College of Surgeons, and a licentiate of the Apothecaries' Company—there are some few more cases of somnabulism in the books, and they are doubtful; I should not be disposed to believe them, unless the evidence was exceedingly good in their favour—I think it quite possible that the prisoner might have done the act in a state of phrenzy, when she was not in her right mind—I should hardly think that a state of phrenzy could be produced by any horrible dream she might have had; but taking all the facts into my mind, her starting from bed and running into the room, I would not undertake to say that it is not possible.
MR. BALLANTINE. Q. What do you mean by a state of phrenzy; a state of passion, or what? A. A state of temporary insanity she might have done it in—I have not had her under my care, my attention has not been directed to her at all; I merely went to see the boy—I cannot account for this act in any way.
(The prisoner's statement before the Magistrate was read, at follows: I Sarah Minchin says, 'When I entered the room, Frederick Smith hallooed "Sarah!" several times; before I entered the room, I put on my gown, and went into his room; Charles Cushen's room door was open before I opened mine, and he was in the room when I entered, and he struck me on the head with the handle of the carving knife, and I fell down; I did not know where was till I was near the police station in a cab—I do not know "how I came a the cab; they took me and locked me up along with two more.
CHARIES CUSHEN re-examined. I was not obliged to pass through the prisoner's bed room, I was not in her room—the knife was kept in the kitchen; it was generally used every day—it was about the time for the prisoner to get up she was the first up in the morning—I do not know whether the knife
was down stairs, or in her bed room; but it ought to have been in the kitchen.
JOHN COLLINS . I am apprenticed to Mr. Smith. I was in the same room with Cushen on the morning of the 22nd; I heard cries, Cushen was in the room then, and I saw him jump out of bed and leave the room; I followed him as fast as possible.
Cross-examined. Q. Did you see the prisoner lying on the bed? A. Yes; I did not see her eyes—Cushen did not stop to dress himself, he ran immediately.
MR. RIBTON to MR. BULLOCK. Q. If a girl of the age of the prisoner, about seventeen, was suffering from a disordered state of the menstruation, would that be liable to affect her head? A. No; there is a disease called nymphomania. but that would not be likely to do it—persons often have pains in the head, caused by a disordered state, or a temporary suppression of the menses, but never to be mad, or out of their minds through it—I do not know that it frequently makes them delirious.
MR. RIBTON called
CHARLOTTE MINCHIN . I am the prisoner's mother, and live at Stowe, in Gloucestershire. She has been out at service two years, in Stowe—the came to London four months ago, being engaged for Mr. Smith by a sister of his, who lives about four miles from Stowe—the prisoner has been afflicted with dreams of a night, she screams out a good deal in her sleep, and on that account she always slept in the room with me—I have heard her do that several times—I do not know that she has ever got up from her bed in her sleep—she has suffered a great deal from her monthly periods being irregular, which I believe has had an effect upon her mind—it has affected her head; it has made her very ill—I have known her more than once to be affected in that way.
Cross-examined by MR. BALLANTINE. Q. How old is she? A. Seventeen; she has been in place before for two years, and has very often complained of illness—no medical man has been called in lately to attend her—she was not two years in one place, but one year in one place, and another year in another.
GUILTY of unlawfully wounding. Aged 17.— Confined Three Months ,
Before Mr. Justice Erle.
726. JOHN YATES , feloniously attempting to discharge a certain pistol, loaded with gunpowder, shot, and a marble, at Frances Yates, with intent to murder her. 2nd COUNT—With intent to do her some grievous bodily harm.
MR. RIBTON conducted the Prosecution.
FRANCES YATES . I live at York-cottage, Kensall-road. The prisoner is my husband—we have been married twenty-six years, but we have not been living comfortably together for the last six years, as he has not been employed in mind or business, and has been intemperate in his habits—he has used threats to me several times—about Christmas last he asked me for some money, and words arose from that at the time, and he had a pistol in his breast from 7 o'clock all the evening; I went down stairs, and was afraid to go down again, and I stopped till one of the women fetched my son home, and then I opened the prisoner's coat and showed my son the pistol, and told him that his father had got it there to blow out my brains—the prisoner told me that if I did not get out of the way, or something of that kind, be would blow my brains out; but it is some time ago, and I do not wish to say
anything but what I can call to mind—on Wednesday, May 25th, I returned home between 9 and 10 o'clock in the evening, and found my husband moving the mattrass that I had taken from his feather bed, because be had told me the day before that I must look d—d sharp if I had a chance to take care of myself, and I was afraid to sleep with him—he was taking away the mattrass which I had put for my own bed to make up his bed, and I said, "John, how can you expect I can do my work, if you will not let me have my bed?—he said, "There is your bed, come to it;" and I said, "No; so long as you use such expressions to me, I never can come to your bed"—I then went down stairs into the back washhouse—I was coming out of the washhouse with a candle in my hand, and he was coming down stairs; I saw something like a pistol buttoned under his coat as he came down—I went into the parlour where Mrs. Pusey and Ruth were, and made a communication to Mrs. Pusey—I then sent Ruth to fetch a jog out of the kitchen, and then went to draw some beer at a little cupboard under the stairs; I heard the prisoner's foot, put my head out of the cupboard, and he was close to me with the pistol in my face; I struck the barrel with my right hand, and said "John, don't shoot me!"—I screamed out "Mrs. Pusey, he is shooting me!" and she was there in an instant—I said, "Keep the pistol down, Mrs. Pusey," which she did—my husband seized me by the neck, and I came to the ground—I recollect creeping under his legs to get away, and Mrs. Walker came in and released me—at the time the pistol was presented at me, I heard the snap of the flint, but saw no fire—my hand was cut with the flint in two places, as I got hold of the pistol close up to the lock—it was the same pistol which he had before; he had had it some time—I believe he was sober—I ran for protection into a neighbour's house.
Prisoner, There is a combination of false witnesses against me.
MART ANN PUSEY . I live with Mrs. Yates, and attend to the laundry for her—I have been there about two months. On 25th May, I was in the parlour between 9 and 10 o'clock, and heard the snap of something; Mrs. Yates screamed out that she was being shot—I went, and saw Mr. and Mrs. Yates struggling with a pistol—I caught hold of the pistol to prevent his shooting her—she begged of me to keep it down, which I did—he tried to get it from me—he got his wife by the throat with his left hand—Mrs. Walker then came in, and took the prisoner's hand from his wife's throat, and she ran out at the front door—the prisoner asked which way she was gone; and I said "Out the back way," oh purpose to deceive him.
Prisoner, Q. Did not you and Mrs. Yates both distinctly state before the Magistrate that I never spoke a word? A. I never heard you speak during the struggle—I should say the affair lasted more than ten minutes, till the policeman came; it was a very hard struggle.
RUTH SYMES . I have lived with Mrs. Yates about three months up to the present time, and have heard Mr. Yates and her quarrelling—when I had been there about three weeks I was sleeping underneath the room they slept in, and heard something rattling overhead, and loud speaking between Mr. and Mrs. Yates—I went to the bedroom, and said, "Is anything the matter? Is any one ill?"—Mr. Yates said, "No;" but Mrs. Yates said, "Something is the matter, and pushed open the door, and I saw Mr. Yates standing with a stick in his hand—as I was standing in the landing I beard him say that if she left the room she should leave it a corpse—on Wednesday evening, 25th May, I went into the other room to get a jug for Mrs. Yates, and saw
the prisoner standing there with his elbows on the mantelpiece, and a pistol in his breast; he had his hand on it; it was under his coat, but I could not see the handle of it—when he saw me go in the room he removed his hand from his pocket—I brought the jug to Mrs. Yates, and went into the parlour, and after some time I heard the snap of a pistol; I am sure of that—I then heard Mrs. Yates say, "Oh, Mrs. Pusey, he is shooting me!"—I went into the passage to see what it was, and Mrs. Pusey went down—I saw them struggling, and opened the street door, and went for a policeman—when I returned the prisoner was in custody.
Prisoner, Q You say you saw the pistol in my waistcoat; I have not had a waistcoat on for these three months. Witness, I supposed it was in your waistcoat; it may have been between your coat and your shirt.
SARAH WALKER . I am the wife of Thomas Walker, a boot and shoemaker; we live two doors from the Yates. On Wednesday, 25th May, I went to the door to fetch the apprentice in, and heard cries of "Murder!"—the prisoner's door was standing open—I ran in, and saw Mr. and Mrs. Yates struggling on the stairs, with his left hand pressing on her throat; he had a pint pot on the thumb of that hand—I took his hand from her neck, and told her to run out—she went out at the front door—I said to the prisoner, "Are you not ashamed to get such a crowd about your door? because if you are not, I am for you"—he said, "I will not be humbugged with her"—he went towards the kitchen door with a pistol in his hand; he examined it, cocked it, and then asked Mrs. Pusey which way Mrs. Yates had gone—we both said, "Out at the back door," to deceive him—I then went back to my own house—Mrs. Yates was in the next door neighbour's, and I took her into my house till a policeman came.
JURY. Q. When the prisoner examined the pistol, did he put any powder in the pan? A. Not when I saw him.
Prisoner, I deny her evidence altogether.
WILLIAM WARREN (police sergeant, D 27). On 28th May a female called me to the prisoner's house—I went in, and he came in at the back door from the garden, and asked me what I wanted in his house—I told him I came to apprehend him for attempting to shoot his wife with a pistol—he laughed, and said, "I have no pistol"—I told him I had witnesses to prove that he had one, and I must find it before I left—he then said, "If you go into the garden you will find it under a tile on the roof of the pigstye"—I went there, and found this pistol (producing a large horse pistol), loaded and cocked ready for firing off; there was priming in the pan—the right hand barrel is useless, but the left hand barrel was primed and loaded—I had the charge drawn; it consisted of powder, about half a charge of shot, and a marble (produced)—I compared the powder with some which I found belonging to the prisoner, and found it to correspond—I afterwards loaded the pistol, and discharged it—I found that the left hand barrel was in good order; it missed fire the first time I tried it, but the second time it went off, and with the same flint—I took the prisoner to the station; he appeared perfectly sober.
JURY. Q., Did you see that there was powder in the pan? A. Yes; Ruth Symes, the servant, followed me with a candle into the garden for me to look, and I saw powder in the pan before I took it a step further, and I said, "Good God! it is loaded and primed; here is powder in the pan!"—it laid flat on the tiles, and the pan was laid down—the powder might have run from the touch-hole into the pan—it was a good pan—the pistol was full cocked, and the hammer was down on the powder.
Prisoner. Q. There was no powder in the pan? Witness. There was; I examined it in the presence of the servant.
SAMUEL DOBLE (policeman, D 147). I was with Sergeant Warren—I took the prisoner into custody while the sergeant went to the back yard—the prisoner said we were making a great fuss about nothing at all—I said, "It is not nothing at all"—he said if he had known what it was he would have taken a razor and cut her b——y throat; he could have done that without half the trouble—he was perfectly sober.
Prisoner. I wish to contradict the statement about cutting her b——y throat; he said to me on the road that he was surprised that I did not out her throat, and I made the reply that if I had intended any mischief, probably it might be done in that way. Witness. I never walked with him at all, and did not say so, or anything of the kind; I merely said I did not think it was nothing, and then he said those words.
COURT to RUTH SYMES. Q. Were you present in the garden when Warren found the pistol? A. Yes; I saw him examine it to see if it was loaded—I saw him lift up the hammer, and saw priming in the pan.
Prisoners Defence. I have been most recklessly treated by my wife, in consequence of not being in regular employ, and being afflicted with the gout repeatedly, and not being able to earn plenty of money to bring borne for her recklessly to spend, as she has been in the habit of doing for the last twenty years; I am undefended, and leave my case in the hands of the Court.
GUILTY on 2nd Count. Aged 54.—Recommended to mercy by the Jury.— Transported for Twenty Years.
NEW COURT.—Thursday, June 16th 1853.
PRESENT—Mr. RECORDER; and Mr. Ald. CARDEN
Before Mr. Recorder and the Seventh Jury.
MR. WOOLLETT conducted the Prosecution.
THOMAS SMITH (City policeman, 270). On Wednesday, 1st June, I was on duty about eight o'clock in the evening; I saw the prisoner go into Mr. Stanton's, a metal warehouse, in Shoe-lane—I remained outside about half a minute—I then followed him in, and saw he had got something under a sack, or covered over with a sack—he was standing at the counter—I asked him what he had under the sack, he said that was his business; I asked him again what it was—he said it was his property—I asked him what it was, and he said, "It is a piece of lignum vitae"—I asked him where he got it from—he said again it was his property, and he found it—I asked him where be found it, and he made no answer—I took him into custody—there might hare been three or four persons in the warehouse at the time—I did not hear the prisoner offer this for sale, but I beard the shopman say, "Wait till Mr. Stanton comes down"—the shopman was behind the counter, and the prisoner on this side of it, and this log was on the counter—this is the piece that was under the sack.
HENRY HARDING . I keep the Angel Inn, Farringdon-street. I received an order on 1st June—I have not the order here, it was left with Messrs. Fauntleroy's—I sent a wagon to Messrs. Fauntleroy's for a load of lignum vitae on 1st June—it was to go to Birmingham by the Great Western Railway.
Cross-examined by MR. RIBTON. Q. Who did you send the wagon by? A. By Lovejoy; I gave him the order—my direction was, verbally, to go to Messrs. Fauntleroy's for a load of lignum vitas, and I said, "Here is your order to receive it."
WILLIAM LOVEJOY . I am carman to the last witness. I went to Messrs. Fauntleroy's on 1st June, pursuant to my master's direction, for a load of lignum vitae—Messrs. Fauntleroy live in Potter's-fields, Tooley-street—I loaded the wagon with lignum vitas—the prisoner was there, and he helped me to load the wagon—he then came out of Potter's-fields into Tooley-street with me, and we then had some beer together—he then left me, and I did not see him again—this piece of lignum vitae is similar to that with which I loaded the wagon—it is the same sort of wood.
Cross-examined. Q. Where were you to go to from Tooley-street? A. To come home to Farringdon-street, to the Angel Inn; the prisoner left me at the beer shop—there should have been 298 pieces put into the wagon—that is above the range—I did not count them, the foreman did.
WILLIAM COMPTON . I am foreman to Messrs. Fauntleroy; they are ivory and foreign hard wood merchants. On 1st June I assisted in loading a wagon brought by the last witness—there were 298 pieces of lignum vitae put in the wagon, I counted them myself—I saw the prisoner there, assisting in loading—this is one of the pieces that was put in the wagon—the prisoner looked at this piece, and asked me what the name of this wood was—I told him it was lignum vitae—he had this piece in his hand loading it, and said, "What is the value of this wood?"—I said, "If you lose that piece of wood it would be as much, likely, as you would earn in a fortnight"—he put it from his hand on to what I call the rave of the wagon; but rail, most likely, is the proper name—it was over the wheel on the right hand side, on the off side—the value of this piece to be sold at our warehouse would be 1 1/2 d. a lb.—there is three quarters of a cwt. of it—it is worth 10s. 6d.
Cross-examined. Q. You told us the prisoner asked you the price of this piece of wood; how are you able to swear to it? A. I could swear to it, and so could you—out of the 298 pieces that were put in the wagon this was the only piece of this form—this is the piece he had in his hand—there is not one piece in ten thousand cut as this is—it has been cut with a saw two ways, and then broken off—that is unusual, and especially in that wagon load—I swear this was the only piece in that wagon that was cut in this way—I did not unload the wagon—I told the prisoner that if he were to lose this piece of wood it would be as much as he would earn in a fortnight—I stated the same at Guildhall.
MR. WOOLLETT. Q. Did you send a receiving note with these? A. I did not; that belongs to the clerk in the warehouse—he is not here—most likely a receiving note was sent.
CHARLES ADAMS . I am the superintendent of the goods at the Paddington station. On 1st June a wagon loaded with lignum vitae came to the station, driven by Lovejoy—I did not count the number of pieces at the time—the wagon was unloaded the following morning—the foreman counted the pieces, there were 296.
Cross-examined, Q. How long was it after it arrived before it was counted? A. The wagon arrived about 9 o'clock at night, and the pieces were counted about 10 o'clock the next morning.
COURT to WILLIAM LOVE JOY. Q. How long were you at the beer shop? A. About ten minutes, while we drank a pot of beer—I left the prisoner in Tooley-street—the wagon went on to Farringdon-street, and stopped there about 10 minutes, while I got another horse—I went on to Paddington, and got there at 9 o'clock at night.
GUILTY . Aged 37.— Confined Three Months.
Upon MR. RYLAND'S opening, the COURT considered there was no evidence against the prisoner.
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
WILLIAM BURCHETT . I am a jeweller and silversmith, of No. 191, Oxford-street, at the corner of Hollis-street. I do not live on the premises—there was not at that time any one belonging to me on the premises on Saturday and Sunday nights, there is now—I remember Saturday evening, 30th April—I left early, and between that and the Monday morning I found the premises had been broken open, and property to a frightful amount was lost—I made it known, and sent information to the offices—on the Friday I received a letter.
THOMAS HARDWICK (police sergeant, D 7). I was employed to investigate this robbery—I did not take the prisoner—I saw him when he was in custody—I showed him these letters (looking at them)—I said, "Do you know this handwriting?"—he said it was his own writing—I did not search him; he was searched in my presence—I did not see another letter taken from his person, to my knowledge—there was another letter.
WILLIAM BURCHETT re-examined. This is the letter I received first (read) To Mr. Burchett, jeweller, 131, Ox ford-street.—Sir,—At a great risk I now venture to write to you to let you know, as one of the parties who was concerned in your job, that, in consequence of a disagreement between us, I have made up my mind to divulge all our concerns, which have been numerous lately; but I mean to keep myself safe; so, if you agree to give me 10l. to-night, will put you in a way to take the others and all the property, which must be done early, as the goods will be moved on Saturday night, if not stopped. Put a paper with 'yes' or 'no' on in your shop window this morning, until o'clock, so that I may write to you again, whereto place the money, if you agree. Friday morning.—We have been out all night. "Be quiet, or it will be blown."—In consequence of this I put a paper in my window with "Yes" on it—it remained there about three hours—I put it in between 11 and 12 o'clock, and it remained there till between 2 and 3—between 4 and 5 o'clock I received this second letter by post (read)" Sir,—If the sum named (in gold or two notes) is made into a small parcel, and placed under a flagstone over a gutter in St. James's-park, at 9 to night, and I find all right, I will call upon you in half an hour at your shop to communicate; but, in doing so, all about me must remain a secret, or I shall be blown. You will see the place marked as below. Keep your promise, and I will not fail in mine, or before long the gang will do awful destruction, if not discovered and stopped. I am sick of
this present mode, and wish to leave it."—(There was a plan of the place at the bottom of this letter.)—I then wrote this letter: "Sir,—your second letter has been received. I should prefer seeing you personally, and meeting you fairly, if you write again.—Yours, truly, W. Burchett."—I deposited this letter myself in the place marked in the plan—I did so exactly at 9 o'clock, the time appointed—I then walked up towards Regent-street, and then returned—I saw the prisoner at the time I placed the letter there—he was sitting on the seat—I was about the neighbourhood for two or three hours—when I came back the prisoner was still there, sometimes sitting there, sometimes walking about—in fact, he spoke to the detective officer.
WILLIAM SMITH (policeman, A 840). I heard of this robbery at Mr. Burchett's, and in consequence of directions I went to the spot on the night of 6th May, at a quarter past 12 o'clock—I saw a letter lying under the flagstone—I waited there till about a quarter past 4 o'clock in the morning—the prisoner came into the Park—he walked close by where the stone was—he went up the Mall, and sat himself down about half an boor—he then got up and walked back towards the Horse Guards—he returned back, and sat himself down on a seat, about a yard from where the stone was—he sat about three minutes; he then went and took the letter—he walked up the steps of the Duke of York's column—he was about putting the letter into his pocket—I took his hand, and took from his hand this letter, which Mr. Burchett had placed under the stone—I told him he was charged with being concerned in a robbery at Mr. Burchett's—he said he knew nothing of that—I said he must go to the station—I took him, and found on him twenty-three horseracing tickets, twenty-five duplicates, and two envelopes, similar to those which he had sent to Mr. Burchett's, and 3s. 3 1/4 d.
Cross-examined by MR. LAWRENCE. Q. Are these horse-racing tickets, betting tickets? A. Yes—the prisoner saw me at this place; he did not speak to me—I took him into custody.
THOMAS HARDWICK re-examined. I showed the prisoner the two letters; he said they were his own writing—I cautioned him that what he said would be very likely to be given in evidence against him—he said, "I will say no more; I see my error"—I asked him his address—he gave me No. 21, Tabernacle-row.
Cross-examined. Q. Before this conversation he had seen the superintendent—I heard that, but I do not know it of my own knowledge—the prisoner did not say to me that he had been the dupe of somebody else—I have not heard that he said he was the dupe of some other person—I have been to Tabernacle-row, and find he has given a correct address—I stated before the Magistrate that he appeared to have a comfortable home—I do not recollect that anything was said about his having been made a dupe of—I have not said that I believed this man had been the dupe of other parties—I never said anything like that—I have said so much as this, that I believed it was horse racing that brought him to trouble—I do not recollect that he said that he had been to a betting house, and met a man who had brought him to trouble—I know he had been working at Meux's brewery—I went there, and saw the foreman—I did not make inquiries about the prisoner in the country, and no one to my knowledge did—I understood he was a carpenter, and had been working as a regularly weekly servant at Messrs. Meux's to that time.
GUILTY . Aged 32.— Confined One Week.
MR. RYLAND conducted the Prosecution.
JOHN CUTMORE . I am a watchmaker, and live in St. Ann's-lane, St. Martin's-le-Grand. On the night of Friday, 22nd April, my premises were broken into by some person, and property stolen to the amount of about 1,200l.—I made some stir, and gave information to the police—on the Monday morning after the robbery I received this letter (produced)—after I had received it I put an advertisement into the Advertiser newspaper on the Tuesday morning—there is no one here who has a copy of the newspaper—in the course of the same afternoon I received a second letter, and in consequence of receiving that I put live sovereigns, wrapped in a paper, into a hole in the wall in Smithfield-market—I put them myself, about 8 o'clock, on the same Tuesday evening—I did not watch the spot after I put them there, nor did I give directions to anybody else to do so—on Wednesday morning I received this third letter (produced)—I did not give any information to the police before I put the money in the hole in the wall—I did afterwards, on the Wednesday after I received the third letter—after this there were five farthings put in a hole, but I did not put them in; I gave them to my brother-in-law, Tippett—before I gave them I had communicated with the police, in consequence of the third letter—I never saw any more of my five sovereigns
THOMAS HARDWICK (police sergeant, D 7). I saw the prisoner after he was apprehended—I had received these two letters from Mr. Burchett—I showed them to the prisoner—I asked if he knew the handwriting—he said, "Yes," it was his handwriting, and he had seen his error—he said these two letters were his writing, as well as those sent to Mr. Burchett's—here is the mark I put on these, as well as on Mr. Burchett's.
COURT. Q. You showed him these second and third letters, as well as Mr. Burchett's? A. I did—I did not say anything to him or he to me about money.
Cross-examined by MR. PARRY. Q. Had not the prisoner seen the superintendent? A. Not in my presence, not to my knowledge—the superintendent did not tell me so; I have heard of it—I believe the superintendent had a sight of the letters—I had no means of proving the handwriting of this man but by questioning him—I did not go to him to question him for the purpose of getting him to admit the handwriting; I went to see the place.
Q. Did not you, knowing that you had no evidence of the handwriting of these papers, go to this man while he was in custody on this charge, and question him about the handwriting, for the purpose of getting his admission against him? A. I did not—I certainly did go with these three or four letters, and ask him if they were his writing, because he was the person who picked up the letter from under the stone—I showed him these letters on the morning of 7th May; he was then in Marylebone station—I did not begin with telling him I was extremely sorry for his position—I will swear that: the constables Smith and Brown were present.
Q. Is it your usual mode to go and question a man to get evidence? A. I consider it no harm—he did not say, in reference to one of these letters, that he knew nothing about it—that was another letter which the other officer had got, relative to another case where he had obtained money, no doubt.
COURT. Q. This was the same morning he was taken? A. Yes; I had not then made inquiry whether I could get evidence of his writing or not.
Letters read:" Sir,—I have just seen the paper, and if you will put the parcel into a hole in the wall just above the post I have marked in Smithfield market, to-night at 8 o'clock, I will post a letter to you directly, with all par-
ticulars. You will be able to understand the post by the plan; go and look at it by daylight. No mistake; if Í am deceived you deceive yourself. If all is done quietly and secretly it will be all right: the goods are not removed, but will be on Wednesday"—"Sir,—I am greatly surprised to find you did not do what you promised according to advertisement. I fully expected the parcel would have been in the place; if it is not there to-night by 8, you will lose all chance, for, as I told you in my last note, the goods will be removed to-night at 12, after which all trace will be lost; so you can please yourself. To-night, or never."
ADAM SHELFORD (City policeman, 58). I heard of this robbery—I happened to be in Mr. Cutmore's shop on the Monday after the robbery—this first letter was brought—it was handed to me—this is it—I have had it ever since—I did not have the prisoner in custody at all—I saw him before the Magistrate—I did not show him this letter.
COURT. Q. Is there anybody here who can prove the handwriting? A. I am not able to bring any one to prove it—I have tried—I went before the Magistrate, Mr. Hardwick—he had the prisoner, and he directed us to come here and indict the prisoner—I was not directed to go before a City Magistrate that the depositions might be taken—the Magistrate said, "I shall not hear the City case"—the prisoner was remanded, and then the Magistrate gave directions that he was to be indicted here—he said, "I shall take this case here—the City case you must indict him at the Old Bailey for"—I have not applied to Meux's, where the prisoner worked, to ascertain about the writing—I have not been able to find any person who knows or can prove his handwriting—I have made inquiry.
WILLIAM SMITH (policeman, A 340). I heard of this robbery at Mr. Cutmore's—I afterwards saw the prisoner when he was taken to Marylebone station, on the morning he was apprehended—the superintendent said to him that whatever he said would be taken down and used as evidence against him, and he need not say anything without he liked—this was on 7th May—he then asked him if he knew anything of 5l. of Mr. Cutmore's, in the City—the prisoner said, "I do; another person got me to write the letters; I went and got the 5l., but I only received 1l. for myself"—I have seen these letters; I have taken pains to ascertain whose writing they were.
BENJAMIN MATTHEW TIPPETT . I am brother-in-law of Mr. Cutmore. The first letter I opened myself; I read the contents, and handed it to Shelford—the second letter was received the following day, in answer to an advertisement, and from that second letter Mr. Cutmore put five sovereigns in a hole in the wall—I did not go with him—on the following day another letter was received, stating that the money had not been put there, and then I took five farthings, and placed in the hole myself—that was in consequence of the third letter—I watched for two hours and a half—I then took them out again—the prisoner did not come—some one came, but did not put their hand in the hole.
WILLIAM BURCHETT examined by the COURT. Q. Do you know how the policeman got those other two letters? A. I received the first, and I sent down to Mr. Cutmore, knowing he had had letters, and he sent them to me.
GUILTY . Aged 32.— Confined Twelve Months.
GUILTY to the 2nd Count. Aged 15.— Judgment respited.
MESSRS. RYLAND and LOCKE conducted the Prosecution.
GEORGE WILLIAM KILLETT POTTER, ESQ . I am Secondary of the City of London. On 23rd May an election took place at Guildhall for the office of Chamberlain, which had become vacant by the death of Mr. Brown—the Sheriffs, Messrs. Carter and Croll, attended at Guildhall—Sir John Key was one of the candidates—the show of hands was in favour of Sir John Key—a poll was demanded by both parties—the poll clerks were appointed and sworn—I have been secondary about twenty-two years, and at all elections I have attended for the Sheriffs—the Sheriffs are the presiding officers at the elections—I am their officer, and have to conduct the management of all elections—I swore the poll clerks, and the Sheriffs were present on this occasion—the poll clerks were sworn about 10 minutes before 3 o'clock—amongst the clerks sworn there was a Mr. Walkinshaw—he was not sworn on that day—we had only one hour's poll that day—he was sworn on the second day, and was No. 10.
WILLIAM WALKINSHAW . At the late election for Chamberlain I acted as one of the poll clerks—I was appointed by Mr. Secondary Potter, on Tuesday morning, 24th May—Mr. Potter administered the oath to me, which I took—during that day I acted as poll clerk—in the course of that day the prisoner came to my polling place—I asked him his name; he said, Matthew Cartwright—I asked him his Company; he said, "The Girdlers"—I asked him his place of abode; he said, "No. 31, South-villas, Wands worth-road"—this is my poll book—having made that statement, I administered the oath to him, "You do swear that you are a freeman and liveryman of the Company of Girdlers, and so have been for twelve months; and the place of your abode is 31, South-villas, Wandsworth-road; and you have not polled at this election; so help you God"—I asked him for whom he voted, and he said, "Sir John Key—I entered it in my poll book—he was then going away—I did not see him again till he was in custody—I gave the same information I have now—I cannot be under any mistake about his person.
Cross-examined by MR. W. J. PAYNE. Q. He came to you, and gave the name of Matthew Cartwright, and then you asked the name of his Company and residence, all before he took any oath? A. Yes, and I wrote them down, and gave him the oath—I did not see him taken into custody—my seat is down lower than the hustings—there were many persons on the hustings, check clerks, and such like; some dozens—the presiding officer is generally on the hustings, walking about—I cannot say whether the presiding officer was on the hustings at the time I administered the oath to this man—I did not look for the presiding officer.
MR. RYLAND. Q. Did you administer the oath so that it could be heard? A. Yes; there was no particular hurry then—the prisoner was the only person at my desk.
MICHAEL CHICK . I live in Shaftesbury-street, Walworth-road, and am a commission agent. On 24th May I was a check clerk—I checked the votes at the last witness's seat—I have known the defendant eight or nine years, by the name of Shaw—I do not recollect his Christian name—I recollect his coming to the last witness's seat on that day—I was close behind the witness—I heard the defendant answer the last witness's questions—he said his name was Matthew Cartwright, and he was a Girdler—I put it down at the time—I said to Mr. Bennett, "This person who has voted is not a liveryman," and he was given into custody—I do not know where the defendant lives, nor what he is—I am sure he is the man.
Cross-examined. Q. When he came to the desk, did he read from anything? A. I did not see him—I was just behind the last witness.
COURT to WILLIAM WALKINSHAW. Q. You made the entry in your book, and then gave the defendant his oath? A. I made the entry in the poll book, and then swore him—I administered the oath, and then he gave his vote.
JOHN CLARK . I am clerk to the clerk of the Girdlers' Company. I am familiar with the names and persons of the liverymen of that Company—I have the book which contains the name of every member of the Company—I have looked through it to see whether there is the name of Matthew Cartwright or Lawrence Shaw—there are no such names as freemen or liverymen.
MR. JOHN SEWELL . I am engaged in the Chamberlain's office. I have the superintendence of the book which contains the names of persons who have been admitted to the freedom of the City of London—I have examined the book from 1786—there is no such name as Lawrence Shaw or Matthew Cartwright, freemen of the Girdlers' Company.
MR. JAMES FRANCIS FIRTH . I am chief clerk in the Town Clerk's office, and have been so for fifty-two years. I have made myself familiar with the repertory of the City of London—the Chamberlain for the time being has been elected by the Livery, and in the mode prescribed in this present case.
Cross-examined Q. You know that from your own experience? A. Yes
GEORGE CURTIS (City policeman, 166). The prisoner was given into my custody by Mr. Bennett—he was handed over to me in the Hall—he gave his name and address, "Lawrence Shaw, 31, South-villas, Wandsworth"—I saw a card on him, which I produce—it was in his pocket—he took it out of his pocket—the sergeant called my attention to it—the prisoner tore it in three pieces—I put it together—here is on it, "Matthew Cartwright, 81, South-villas, Wandsworth-road; Girdlers' Company"—the prisoner said it was no consequence.
Cross-examined. Q. When you got to the station what occurred? A. I searched him, and found a comb and two or three articles on him—this card he pulled out at the time he was being searched, and he was rending it up—the sergeant called my attention to it, and I took a part and the sergeant took part—I said, "What is that?"—he said, "Nothing of no consequence"—he gave his name Lawrence Shaw, No. 81, South-villas, Wandsworth.
Q. Did he give any other address? A. Yes, No. 82, Hatfield-street, Blackfriars—he did not say anything when I took him into custody in the Hall; he did not say anything about this card to me, and I never heard him say anything about it.
MR. RYLAND. Q. When he gave the address No. 32, Hatfield-street, was that before you had this card? A. It was about half a minute before the card was produced—he had given his address in Hatfield-street, and when I found this card that gave me the other address.
EDWARD KNIGHT (City policeman, 72). On 24th May I was at the station when the defendant was brought there; that was the day he was taken into custody—whilst the officer was searching him he put his hand into his waistcoat pocket, pulled out something, and commenced tearing it—I said, "Curtis, see he is tearing something"—I laid hold of one of his hands, and he threw a piece down—I took it up—Curtis took one—I saw them compared—I observed this pencil writing was on the back—I have been to Wandsworth-road—I found a place written South-ville—there is No. 31 there—I inquired there, and no such name was known.
Cross-examined. Q. What day was it you first saw this man at the
station? A. It must have been on the Tuesday, inasmuch as I had a charge there that day—he was taken before the Magistrates that day, and I believe he was remanded—he was remanded once, and then committed—I heard him say this card was no consequence.
THOMAS STANDAGE . I am a letter carrier, of the South-ville district, and have been so for thirty-two years. There is no such number as 81 there, nor 30; there is No. 32—the next to No. 29 is 14; next to No. 92 is Welling, ton-cottage—I never knew such a name as Lawrence Shaw there; I never knew such a person as Matthew Cartwright.
Cross-examined, Q. How long have you been letter carrier there? A. Thirty-two years—I remember Wellington-cottage being built—I have known the persons who have resided there, several families—Bradshaw was there at one time—I do not know what he was; he has left some time; he lives in the adjoining neighbourhood, in James-street—I did not take any part in this grand contest in the City—I do not know whether Bradshaw did.
COURT to GEORGE CURTIS. Q. Who was the Magistrate the prisoner was taken before? A. Mr. Alderman Wire.
GUILTY. Aged 42.— Judgment Respited.
MESSRS. RYLAND and LOCK conducted the Prosecution,
GEORGE WILLIAM KILLETT POTTER, ESQ . The election of Chamberlain began on 23rd May, and it lasted till the Monday following, the 30th—I was present throughout the time, except on Wednesday, I was absent one hour—on Monday, when this person voted, I was there the whole day—the Chamberlain's office forms part of the hustings—there is a door to it» but it was not shut—Sir John Key and Mr. Scott were the candidates—the poll was demanded by a number of livery men—the Sheriffs were there at the commencement, and at the conclusion Mr. Sheriff Croll—I was there all the time—I appointed a certain number of poll clerks, and swore them in—Mr. Handley was sworn in as a poll clerk on the first day; I administered the oath to him—I did that in the capacity of secondary" and I have acted in the same way for the last twenty-one years.
Cross-examined by MR. SLEIGH. Q. Are you one of the gentlemen who ere presiding officers? A. No, the Sheriffs are presiding officers; I act for them—I administer the oath.
DANIEL RICHARD HARKER . I acted as poll clerk on this election, and have acted so from fifteen to twenty years—I am acquainted with the present Sheriffs, Messrs. Carter and Croll—on the day of this election the Sheriffs were in the Court of Aldermen, and we went to the room to head our books and to be sworn in.
Cross-examined. Q., Were you present personally when Mr. Handley was sworn in? A. Yes, I was sworn at the same time—the Sheriffs had never been in that room; they went from the hustings to the Court of Aldermen—the room we were in is about eight yards from it—it is the committee room where we went to head the books.
COURT. Q. Has that been the usual way of administering the oath? A. Always; not before the Sheriffs in person.
JOSEPH BADGER HANDLEY . I live in Castle-street, Holborn, and am a law stationer. I acted as poll clerk at the late election—I was sworn in by Mr. Potter, on 25th May, about twenty minutes before the poll commenced—I was No. 5 in the front row. On Monday, the 30th, the defendant
came to my place at if to poll—I asked him his name, and what company he belonged to, and his residence—he gave the name of Thomas Penny, of the Carpenter's Company, and his place of abode No. 6, James-place, Clapham—I entered these particulars in my poll book, and then administered the oath to him—I have not my books here—I asked him who he voted for, and he said Mr. Scott, and I entered it—this is my poll book (produced), and I find these particulars entered in it—I have not the slightest doubt of the defendant being the man—some gentlemen called out that he was not a Liveryman at all; that made me take notice of him.
Cross-examined. Q. You administered the oath to him before you asked him for whom he polled? A. Yes; I do not first poll a man, and swear him afterwards—this was in the forenoon, I should think between 11 and 12 o'clock.
Q. At that time were either, and which of the presiding officers present? A. Mr. Potter was continually backwards and forwards, but whether he was there at that moment I could not say; my back was towards him—I could not say whether either of the sheriffs or Mr. Potter were there at that moment.
CHRISTOPHER LANCASTER . I live at No. 92, Fore-street. I was employed by the secretary of Sir John Key's committee to attend the election as inspector of the poll books—I recollect on the last day of the election I saw the defendant, about half-past 11 o'clock—the Hall was then rather quiet—I was stationed on the hustings, behind Book 4 and Book 5—the poll commenced at 9 o'clock—I saw the defendant come up with another man to Book 4—the defendant went to Book 5—I heard the last witness ask him the questions and administer the oath, and take his vote—he voted for Mr. Scott—when he had voted for Mr. Scott he came on the hustings with James Penny and another person, and went up the steps to the Chamberlain's office—I followed him, and asked him how long he had been a liveryman—he said twelve months—I told him he was no liveryman at all—I followed him into the yard—I met the beadle of the Carpenter's Company, and asked him if the defendant was a liveryman of the Carpenter's Company—he told me "No," and I gave him into custody, and James Penny into custody at the same time—the other party had left—I did not see him afterwards—I went to the station, and then before the Magistrate—I heard this defendant say at the station that he was not a liveryman of the Carpenter's Company—I cannot remember whether the inspector asked him any question.
EDWARD BRASIL JUPP . I am clerk to the Carpenter's Company, and have been so ten years, jointly with my father during his life, and since his death—I have had charge of the books—I have looked through the books to see the names of the liverymen for the last fifty years—there is no Thomas Penny, a liveryman of that company, for the last fifty years.
Cross-examined. Q. Did you search for freemen as well? A. Yes; I can speak to the names of freemen also.
THOMAS STANLEY . I am beadle of the Carpenter's Company. I have searched the books: I cannot find the name of Thomas Penny among the liverymen or freemen—I do not know the persons of every one; there are a few I do not know—this defendant and his uncle were brought to me outside Guildhall—I was asked if he was a liveryman—I answered, "No. "
fifty-two years—I have access to the repertory of the City—the Chamberlain is an officer who is chosen by the Livery.
COURT. Q. Who usually presides at the election? A. The secondary as the representative of the Sheriffs.
GUILTY . Aged 26.—(See next Case.)
GUILTY . Aged 55.
CHARLES CROUCH . I am a smith and bell hanger. I have known both James and Thomas Penny as long as I can remember; one is a labourer, and the other a plasterer—they live close handy to the Clap ham-road—I never knew anything against them.
COURT. Q., What had they to do with the election? A. I have heard they were led away by a man of the name of Bradshaw.
(Thomas Waltham, John Cole, a gardener, and Mark Gregory, an ironmonger, gave the prisoners good characters.)
Shaw, I am very sorry for it; I was led into it; Mr. Bradshaw wrote the address for another party; he said if I voted I should get 2l
Thomas Penny, I was coming out of the hospital, and he said if I came to the City he would put a few shillings in our pockets.
COURT. Q., Do you know Bradshaw? A. Yes, he lives in James-street, Clap ham.
James Penny, I was with my nephew at the hospital, and a man met us, and led us away. Judgment Respited ,
THIRD COURT.—Thursday, June 16th, 1853.
PRESENT—Mr. Ald. CUBITT; and Mr. COMMON SERJEANT
Before Mr. Common Serjeant and the Seventh Jury
JOHN COOK . I am a money scrivener; I belong to the Eastern Metropolitan Loan Society, held at the Red Lion public house, Whitechapel. A few months ago I had an application paper left, it is here—it was left about the latter end of Feb.—in consequence of that I went to the prisoner Lay ton, at No. 5. Nelson-street, Stepney—I saw her, and told her I called respecting an application her husband had made for a sum of four guineas—I did not say where it was made—I asked her which her apartment was, and she showed me into the front parlour—I asked her if she rented that apartment—she said she rented the house—I then asked her to produce her rent book—I asked her where her husband was employed, and other questions—she produced her rent book—she said her husband worked at the Commercial Gas Company—Layton is employed at Carpenter's as a carman or driver at the coal wharf—I do not recollect the whole that was said—she said nothing about letting any part of the house—she asked for the money—I lent it her, and then went out for the securities—I looked at the rent book, and told her to send her husband to the office—she went with me to the security, at No. 2 in the same street—I made no reference to Payne—I told her I was going to Mills as a security, and she went with me there—I saw the prisoner Mills, and Layton said, "This gentleman has come about the loan"—Mrs. Mills asked me into the parlour—I told her I called respecting a loan of money that Mr. Layton had
applied for, and that her husband was proposed as security—I told her the amount of the loan was 4l. 4s.—she said the furniture in the parlour was her's, that she rented the house, and she produced her rent book to show me—she said her husband worked at the Commercial Gas Company, and had been there for years, and then I told her to send her husband to the office—about two o'clock the same day two men called at the office, producing two rent books—I asked their business—they said they applied for money—I asked their names—one said Layton, and the other said Mills—I paid the money to a person who represented Layton—I paid him 3l. 14s. 6d., repayable by instalments of 2s. per week—I thought the parties were in a condition to pay it back from the representations made—had I known what I do now I should not have lent the money—we were induced to lend the money in consequence of the representations—we thought they were renting the house, and that their husbands were the men I expected they were—some part of it has been repaid, Layton paid one payment—I do not know whether there was any other—four instalments have been paid—there were forty two to pay at first—on 3rd May I went to No. 5, Nelson-street—previous to that I had seen a man named Layton, who is not the same man—I saw the prisoner Layton there—directly she saw me she said, "Walk in, Sir, I know what you have come about"—I was going into the same room I first went into, and she said, "Perhaps you will walk up stairs; I will tell you the whole truth of it"—I did not go up stairs—she then told me she only rented one room in the house, and it was a false statement she had told me; that her husband knew nothing whatever of the transaction—she said she was led into it by the prisoner Mills, and she had borrowed the rent; that she did not know who the men were—she said she filled up the application, and had part of the money for so doing—then I went to No. 2, Nelson-street, and saw the prisoner Mills—I asked her whether she occupied the house, and she said, "No," and that her husband knew nothing whatever of the transaction—I saw Payne at the house along with Mrs. Mils—she was present when the conversation took place between me and Mills—Layton was not there—I told Mrs. Payne that the prisoner Layton had told me that she had lent, her rent-book, and had received 17. for lending it—she said she had received 1l.,. but that was what Mrs. Mills owed her—neither of them referred to the men who were acting for their husbands till I put the question—Mrs. Mills told me that Mrs. Layton would tell me.:
Cross-examined by MR. LILLEY. Q. Are you sole manager of the establishment? Yes; it is John Cook and Co.—they did" not authorize me to give their names—I have not received the 3l. 16s. advanced by me—it was not paid by William Payne,. or any one else—I do not know Benjamin Foster—I know the landlord—his name is James Dyer—I have seen William Payne—there was money left at the office, but the Company refused to take it—I did not say it ought to be more than 3l. 16s„ as I had paid 5s. to treat the police—I did say I must not be seen in the matter—the directors met at the Red Lion, and were there from 11 till 2 o'clock—I saw Mills, the husband, there—I did not say to him that if the money was paid they would not appear—I said the Company did not wish to prosecute; all they wanted was their money back again—in consequence of one of their children lying dead, the prisoner Payne came round—I said if they would pay the money I had no wish to prosecute—the directors were not at the Red Lion on that occasion—they are at the office once a week—I cannot say whether the 10th of May was a day of their meeting—I did not see a receipt given for 3l. 16s.—I never saw that paper (produced) till now—I had granted a loan of four guineas to the husband of the prisoner Payne, to get
them out of their trouble—he borrowed the money, and has paid 2l.—when I went to Mills's house on the last occasion, Mills and Payne were together and Mrs. Mills said Layton was a bad woman, and she wished it was settled.
HENRY HUGHES (police constable). I took Layton into custody—Mr. Cook gave her into custody—he showed her that paper in my presence—she said she filled it up—she said she received 17s. only, and that Mrs. Mills had received 2l.—Mrs. Mills was not present—I afterwards took the other two prisoners—each of them said they were willing to pay their part—they did not say anything about receiving the money—they said their husbands knew nothing of it—I apprehended Layton at No. 5, Nelson-street, and found Mills at No. 2, Nelson-street—she came down stairs—Mrs. Payne was in the passage.
Layton's Defence. I was in the habit of borrowing; my child died, and I got into difficulties, and Mrs. Payne was in the habit of lending money, and she said, "Would it not be better to have a loan? it will help you out of your difficulty. "
LAYTON— GUILTY . Aged 41.— Confined One Month.
MILLS— GUILTY .— Confined Two Months.
PAYNE— NOT GUILTY .
MR. PARRY conducted the Prosecution.
JOHN WEET . I am a licensed victualler, carrying on business at No. 27, Claries-street, Piccadilly. On 21st May I saw the prisoner at my shop, between 1 and 2 o'clock—he was in front of the bar, or in the parlour, some time before he came to ask me for anything—he was walking from the parlour to the bar—he asked me for a pint of brandy—I asked him which he would have, pale or brown—he told me pale—he said he bought brandy of the former landlord, and paid 3s. 4d. a pint—he had 2d. worth of cold gin and water—I believe he was drinking gin and water when I served him with the brandy—he took a bottle from his pocket, and I put the brandy into it—he asked me if I could change him a 5l. note—I told him I did not know whether I could or not, but I would ask my wife—my wife went up stairs to see after the change—she was in the bar at the time—when she came down I gave him the change—he gave me the note—this (produced) is it—I gave him 4l. 16s. 6d.—I sent my boy to a grocer's, fifty yards away, to get the note changed again—Mr. Barlow sent it back, and said he did not like the appearance of it—I took it to a banker—from the description I have heard of the forged notes, I can state that it is a forged one—the prisoner left with the brandy directly after he had paid for it—he said he was either lodging with Mr. James, or Mr. James with him—in consequence of that I went to the neighbourhood of Paddington to see Mr. James—it was some time between 5 and 6 o'clock; I could not say to half an hour what time it was—I saw Mr. James, who went and fetched the prisoner—when the prisoner came in I said, "Well, Mr. Guyenette, I have come concerning this 5l. note you passed, which is bad"—he said, "So help me God! I never passed a 5l. note with you"—he said he had not had a 5l. note in his possession for six weeks—I said I was now convinced he was the person that passed the note, but I did not mean to say with a guilty knowledge—he persisted that he had not had a 5l. note in his possession for six weeks—in consequence of some inquiry I gave him into custody on the following day—I am quite positive this is the person that patted the note—there were other
persons in my shop whilst I was serving him with the brandy—I could not have made any mistake as to the identity, I had no other stranger in the house—I was talking to him five or seven minutes—I have been in the house a fortnight—I had been a butler in the establishment of Mr. George Henning fifteen years, and left him to take possession of the house—I never kept a public house before—I went to a publican of the name of Newstead—a message was sent to the prisoner, and he came to me—Mr. James knew what I wanted him about—the reason I did not give the prisoner into custody at once was, Mr. James said;" Be careful what you are about, there are serious consequences attending it, and if you cannot prove it, it may ruin you, just commencing business;" and I respected Mr. James very much—I said I would go back and ask my wife whether she could swear to the man as well as myself—the prisoner is the manager of an establishment called the Refuge for the Destitute—I never saw him in my life before—he had been in the habit of frequenting the house during the time of the former landlord, who was there only twelve months—I do not know how many people there were at the front of the bar, they were going and coming with jugs to fetch their dinner beer—a good many people came in and out—I knew them as my regular customers—I am quite sure the prisoner asked for brandy—when I went to Paddington he said he never had brandy—I am sure it was the person who had the brandy who passed the note—a search was made at his house; there was no bottle nor brandy found—I did not go to the Bank of England, I went to Farquhar's bank—I know that the Bank of England prosecute cases.
Cross-examined by MR. BALLANTINE. Q. Is there any clerk from Farquhar's here? A. No—I am sure the prisoner had not a glass of porter—he was speaking to several people—none of them knew him—James is a retired publican.
MR. PARRY. Q. My friend askedyouwhether you asked your wife; what did she say? A. I asked her if she could swear to the man—she said, "No," she could not, but she noticed that he had a rough coat on.
ELIZABETH PAYNE . I live at No. 18, Providence-place, Lisson-street; I am single; I know Mr. Guyenette very well by sighs. On Saturday, 21st May, between 1 and 2 o'clock, I saw him at Mr. Weet's, in Clarges-street—I had been to Mr. Nerton's, and on returning home went in there—Nerton was the former landlord—I heard Mr. Guyenette ask for a pint of brandy—he asked him whether he would take pale or brown.
Cross-examined by MR. BALLANTINE. Q. Give the words as near as you can? A. I have told you as near as I can—I was twelve months in the house when it was kept by Nerton—I knew the prisoner by his coming backwards and forwards—I was servant of all work—I cannot tell in what terms he asked for the brandy—there might be six or seven people there" sitting and standing about the bar—I might have been there half an hour or three quarters—I was in the parlour—if any one went out I could see them—I could not say who came in—when the prisoner asked for the brandy I was against the parlour door—I remained for a quarter of an hour—I remember the prisoner asking for brandy, because he came in and shook hands with me—I did not see him go away, or see him served with the brandy.
MR. PARRY. Q. You say he came into the parlour and shook hands with you; was that before he asked for the brandy? A. Before.
in the parlour, talking to Elizabeth Payne—he then came in front of the bar, where there were three or four of us sitting, and entered into conversation about horse racing—I did not hear him ask for anything—I left him at the bar, and went into the parlour—I afterwards saw him at Newstead's, between 4 and 5 o'clock the same day—there was a good deal of conversation there about the note—I had heard that it was forged—I heard the prisoner say he had not passed a note, and had not had one in his possession for six weeks—he said something about a sovereign—I understood he paid for what he had had with a bent sixpence—he had some gin; I understood 2d. worth.
Cross-examined by MR. BALLANTINE. Q., You are a servant? A. Yes; I am in no one's service—I depend for my character on the last gentleman I was with, Mr. Henning, in Charles-street—I left him last April twelve months—I was looking out for a situation, and I called at this house to ask the girl if there was anything likely to suit me—Mr. Weet brought the note in a little while after, and asked whether it was good or bad—I said it was a doubtful one, and we went to a bank in Bond-street; I forget the name, it if facing Burlington-gardens—I did not learn that it was bad there—they told me it was a question for the Bank of England—we then went to Farqubar's, in St. James's-street, and they told us it was bed—Weet asked me then if I would accompany him to Newstead's to see if we could find Guyenette—we did not find him there—he was sent for, and came—I think there was something said about a sovereign—I do not know whether it was by James, or Newstead, or a female—gin was mentioned, and so was porter—I cannot say that the prisoner mentioned gin at all, but whatever the prisoner had, was paid for with a crooked sixpence—I did not see the prisoner have anything—I have been a twelvemonth out of place, and can live another twelvemonth—I have had no money from the prosecutor.
MR. PARRY. Q. Are you quite certain you have not been paid money by the prosecutor to perjure yourself here? A. Quite.
Cross-examined by MR. BALLANTINE. Q. You found a bottle, did you not? A. Several bottles—the prisoner was in the same room—I showed a bottle to the landlord, and asked him if that was it, and while I was looking, a female said, "It's of no use, you won't find no brandy."
MR. PARRY. Q. Had you mentioned anything about brandy? A. No.
Cross-examined, Q. This was two days after? A. One day. (The prisoner received an excellent character.)
NOT GUILTY .
Before Mr. Recorder.
MR. WOOLLETT conducted the Prosecution.
ELIZABETH GOOCH . My husband is a marine store dealer, of Stratford. On Thursday, 26th May, between 12 and 1 o'clock, I saw the prisoner looking at some coats that hung outside the window; he put his head round the door, and asked me die price of a white coat—I told him, 6s" but he did
not purchase any coat—in three or five minutes after he left, I missed a brown coat with velvet cuffs and collar—about two hours afterwards Smith and Gerrard made a communication to me—the prisoner was taken a week afterwards, 2nd June.
Cross-examined by MR. PARRY. Q. You saw the prisoner put his hand in, and ask the price of a coat? A. Of a white coat, and three or five minutes afterwards I saw that he was gone, and got up from my knees—I did not follow him, because I could not see him—it is a high-road, and there is a turning at not a very great distance—I did not go far from my door to look, there was no one in the house with me—directly I missed it I made it known to the neighbours round—I did not make it known to Smith or Gerrard, but they gave me information about two hours afterwards—my husband lives with me—I did not go up the road to look after the person, because I could not leave the shop—I saw the prisoner's head, but I had seen him before he pulled the coats about—he had a darkish brown coat on similar to the one he had on the day he was committed—I did not notice his waistcoat or trowsers—I cannot swear to the colour of his bag; I have not done so; I said that he had a sort of a lightish bag, or something light in it, I could not say which—I mean to say I have not described it positively as a light bag—I cannot say exactly whether he was dressed as he is now; he had something of a darkish coat on—when I saw him on the Thursday following he had a dress coat on; I did not say that that was the way he was dressed when I saw him at the shop—I said but very few words—he had not a brown coat on when I saw him on the Thursday; it was when he was committed—I know nothing about whether he sent for it to put on.
MR. WOOLLETT. Q. Look at the prisoner, and tell me, on your oath, if he is the same man, or not? A. That is the same man.
MR. PARRY. Q. Just tell me the exact time? A. Between 12 and 1 o'clock; I should say it was about half-past 12, or 20 minutes to 1 o'clock, when he was outside the shop and 1 missed the coat, but I did not look at the clock—I have not said it was as near as 10 minutes to 1 o'clock—I was not cross-examined at the police-court—I was cross-examined before the Magistrate, by the attorney for the prisoner—I do not recollect that he requested that his cross-examination and my answers should be put down, and that the Magistrate refused to do it.
JOHN GERRARD ; I am eleven years old, and live at Bridge-street, Stratford, about six doors from Mrs. Gooch's. On 21st May, between 12 and 1 o'clock, I was outside Mr. Wilks' window, which is next door to Mr. Gooch's window, and saw the prisoner at Mr. Gooch's window, about two yards off me—he took a darkish brown coat from a rail, put it into his bag, and went away—I afterwards made a communication to Mrs. Gooch.
Cross-examined. Q. How far were you from the shop where you say you saw the prisoner? A. About two yards—I saw half of his face—his back was more towards me than his front—he had on a dark coat, a cloth coat; I did not notice any other part of his dress—I did not see him again for a week, but was quite positive of him then—I said I knew him most by his walk—I could speak more positively to his walk than anything else—that was when I saw him walking into the station in custody—I had been told that the man had been caught who had stolen the coat; Mr. Gooch told me that, and then I went to look at him—I am quite sure I saw part of his face at the window—he had either a light bag, or something on it light—I have been talking over this matter with Mrs. Gooch—she told me she thought it was a light bag, or had something light on the top of it—she told me before I
thought so—we had the conversation to-day—Mr. Gooch began the conversation—he is not a witness; he only asked me if I knew the colour of the bag, and I told him, "Yes"—he did not tell me anything about the colour of the bag; he did not know—Mr. Smith was present, and Mrs. Gooch—Mr. Gooch lives at the shop—I have known him there.
MR. WOOLLETT. Q. Will you look at the prisoner, and tell me whether you are quite sure he is the man or not? A. I am quite sure—I described the bag to Mr. Gooch, he did not describe it to me.
JOHN SMITH . I live at 23, Bridge-place, Stratford. On 26th May, between 12 and 1 o'clock, I was at my shop door, and saw the prisoner on the opposite side of the way, at Mr. Gooch's door—my shop is not immediately opposite Mr. Gooch's—it may be sixty or eighty yards from opposite—I saw him take down a brown coat, wrap it up, and either put it in his bag, or top of his bag, I cannot say which, because I was not paying attention—he then felt at a light-coloured coat which was at the door, next to the other one—I did not know but what he had bought it—I did not see any more, as I had a customer come in—after I had heard that Mrs. Gooch had lost a coat I communicated with her man—I am quite certain the prisoner is the man.
Cross-examined, Q. You saw that, and then your attention was immediately taken by the customer, so that you saw nothing further? A. Nothing further; my place is forty or fifty yards, or it may be sixty yards on the opposite side—I heard on the Thursday following that the prisoner was in custody—Mr. Gooch's man told me that they had taken the man, and they wanted me to go down and see if he was the same man as I saw, and I went to West Ham station, and saw the prisoner in custody—I believe the man I saw was a Jew, and I believe the prisoner to be the man—I do not know whether fee is a Jew or not—I can swear he is the man, but I cannot swear that he is a Jew; they tell me is a Jew—there was nothing about the man I taw at Mr. Gooch's shop to indicate that he was a Jew, except what I see now—he had a brown coloured coat, to my best recollection, but I cannot swear what coloured coat it was—I have no other recollection about it—I cannot tell what colour the bag was, I did not notice—I cannot swear to the colour of his coat—I have not been talking about the colour of the bag at all, I did not know the colour—I have not been talking about it this morning at all—Mr. Gooch spoke to the boy about it in my presence; he told him to speak nothing but the truth—I did not hear him speak to the boy about the colour of the coat—he said it was the same colour as I did—Mr. Gooch asked the boy the colour of the bag, and he said he could not say if it was white or what, but it had something white on top of it—I cannot say whether that was this morning or yesterday.
ISAAC GRAY (policeman). On Thursday, 26th May, I was on duty, and received a communication from Mrs. Gooch—I received information, and took the prisoner on 2nd June at Mr. Brassey's shop, a pawnbroker, at Stratford—Mrs. Gooch repeated the charge before him, and he said he was incapable of doing such a thing—Garrett was there, and identified him, and so did Smith subsequently, and Mr. Gooch.
Cross-examined. Q. He said without the slightest hesitation that he was incapable of doing it? A. Yes
Witnesses for the Defence.
WILLIAM JAMES LAWS . I am foreman to Mr. Brassey, a pawnbroker, of Stratford. I have known the prisoner in and out of our shop for nine years—I have had many dealings with him, and always believed him to be strictly honest and honourable—Mr. Gooch's shop is about a mile from ours—it
would take me a quarter of an hour to walk it, I have walked it several times—on 26th May the prisoner called on me, as nearly as I can recollect, from a quarter to 20 minutes past 12 o'clock—he bought articles of me to the amount of 2l. 12s., and paid for them in cash—that was always the mode of his dealings with me—it was a remarkably hot day, and he had on a light alpaca coat—I mean light both in colour and texture, but what the precise colour was I cannot say—it was not a coat which a person could describe as a dark coat or as a cloth coat—I am sure he had that sort of coat on—he was dressed light altogether, I think he had a light waistcoat—he had also a black Holland bag, more like a sack than a bag, a large sack that they take lots of clothes in—I never knew him to carry any other than a black bag for nine years—I think he must have left our place at 10 minutes before 1 o'clock, as he was haggling about the price—I leave the shop at 1 o'clock to go to dinner—I remember dining on that day, and I still think it was about 10 minutes before 1 o'clock that he left—I saw him again on the Tuesday following, in the day time—he came to me—he would have to pass Mr. Gooch's shop from his residence to come to me—it is in the thoroughfare leading into the town—he lives in Whitechapel, and Mr. Gooch's is between there and Stratford, and in returning he would have no alternative but to pass again—on the Tuesday he merely called to ask me whether there was anything—he was at our house when he was taken on the Thursday following—I heard the matter spoken of at that time, and considered that he must have been in our shop, and I reflected on the matter, and have given you the result.
Cross-examined by Mr. WOOLLETT. Q. How do you know it was 26th May? A. Because there is the entry of the transaction in our books; I have not brought the books here—other persons serve in the shop—there were other persons in the shop on this day, but I do not say that there were at the time the prisoner called; at one time I know there were not, but at another time I think there were—I went before the Magistrate for the purpose of offering my evidence, but he would not hear it—I do not think I know of another road between Mr. Gooch's house and ours, but there are turnings and courts—the prisoner had no coat on under the light coat; I swear that—I observed that he had nothing in his bag.
MR. PARRY. Q., Have you referred to the entry in your books? A. Yes; I received no notice from the other side to produce them—I was before the Magistrate—Mr. Joseph Smith, the attorney, was there—the Magistrate refused to receive my evidence, thinking that it was a case for a Jury, and he allowed the prisoner to be bailed—if the prisoner had a brown coat on with a velvet collar, I must have seen it—it is quite impossible that he could have put it into his coat or waistcoat.
JOHN ANTONY SHEPHERD . I am a licensed victualler, of Stepney. On 27th May I went to Stratford with the prisoner—we went past the prosecutor's shop, which is in the high road to Stratford—I have known the prisoner eight years, and never knew anything against his character.
GEORGE RICHARD CRANEY . I am foreman to Mr. Phillips, a pawnbroker, of Stratford. The prisoner called there on 26th May, and transacted business with me in the ordinary way—he also called on 2ud June, but I was not at home—I have known him nearly nine years, in which time some hundred pounds have passed between us—he is a gentleman who I should do business with again, and is a most respectable, honest man.
JOSEPH SMITH . I am an attorney, carrying on business in Arbour-square, Stepney. I appeared before Mr. Fry, at Ilford, on behalf of the prisoner—he was sitting by himself; I sat by him, and was using the same pen occa-
sionally—I tendered several of the witnesses who have been called to-day to give evidence—Mr. Fry said it was useless to hear them, because he should commit the man for trial; in addition to which, I cross-examined the witnesses who were examined, and requested him to put into the depositions the result of that cross-examination—his reply was, that he did not think it necessary—I suggested that it had been decided that it was proper, and he said he had been a Magistrate so many years, and he did not see any propriety in it—I had no occasion to ask for bail; he gave it without application.
COURT to ISAAC GRAY. Q. How was the prisoner dressed when you took him into custody? A. He had a great coat on, and a dress coat under it, like the one he has on now—I did not search his lodgings.
COURT to WILLIAM JAMES LAWS. Q. Was he in the habit of coming to your shop? A. Yes; generally on Thursday, but sometimes he would come on Tuesday.
(Other witnesses gave the prisoner a good character.)
NOT GUILTY .
Dr. James Nesbitt, as Amicus Curiae, interposed to prevent the prisoner being called upon to plead to the indictment, in consequence of the state of his mind; upon which the Jury were sworn to inquire whether the prisoner was in a fit state of mind to be called upon to plead.
DR. JAMES NESBITT . I am a surgeon. The prisoner escaped from my care at Northampton, on 11th May last, and it is my opinion that he is a confirmed lunatic—he does not know the distinction between truth and falsehood, or between right and wrong; he would to-morrow, if he were discharged, commit the same offence again—I do not think he is in a state of mind to make his defence.
GILBERT M'MURDO . I am surgeon of Newgate. My attention was called to the prisoner by receiving a letter from Dr. Nesbitt—he has only been under my care two or three days; I had a long examination of him yesterday with Dr. Nesbitt—I cannot say that he does not know right from wrong, but as regards what he did previously, he said he was quite sure I should have done the same thing under the same circumstances; but when I asked him if he knew he had no right to steal the horse he said, "Why do you ask me such a foolish question?"—although he reasons acutely on some points, I consider he ought not to be called upon to plead.
The Jury found the prisoner UNFIT TO PLEAD.
FRANCIS TROTT . I was at Wanstead Church on 6th June, about half-past 4 o'clock in the afternoon—I was looking at the review—I had a watch in the right pocket of the waistcoat I have on—there was a chain to it—I felt a person pull my chain—there were many people near me—I put my hand to my pocket, and my watch was gone—I saw it in the hands of the prisoner—it was broken from the chain—I charged him with having it, and laid hold of him—my father was with me, and came and held him—I did not see what became of the watch after it was in the prisoner's hands—I saw somebody pick it up, and give it to my father—I do not know how it came to the ground—this (produced) is it.
Prisoner. Q. You said you saw the watch in my hand? A. Yes; and while I was calling my father you must have thrown it down, because when my father came, a man came and picked it up.
ELIAS TROTT . I am the father of Francis Trott. I was at Wanstead, at the review—about half-past 4 o'clock in the afternoon my son called out about his watch—I laid hold of the prisoner till a policeman came—while holding him, a person behind said, "What watch is this?" and put it into my hand—this is the same watch—I gave the prisoner in charge.
GUILTY . Aged 20.— Confined Twelve Months.
MESSRS. BALLANTINE and LILLEY conducted the Prosecution.
WILLIAM GROAT . I am a cooper, and carry on business at Stratford, in Essex. I employed three pairs of sawyers, including the prisoners—the prisoners were employed in cutting staves at so much per dozen, for the use of the coopers—there are two cuts down each stave—this (produced) is a cut stave—I paid the prisoners at the rate of 14d. for a dozen cuts—the uncut staves are kept out in the yard, and are generally deposited in piles forming a solid square—when the sawyers are in want of work they are told to go and take in so many cuts, but on this occasion we were unloading the barge, and they shared a number of staves out as we were unloading it—we generally tell them to go and set up so many dozen, and they do it, and we come to see the quantity, and mark them—we generally mark them with a hammer—this (produced) is the thing I mark with—I marked the prisoners' staves with it—the mark is called zigzag or Vandyke—on 11th May I delivered to the prisoners a quantity of uncut staves—there were 51 dozen and a half cuts in them—I believe I delivered about 309 staves—they were marked—this (produced) is the account I received on the Saturday following—I believe Woodward presented it, and took the money for it—the account is for 54 dozen, but that included some other work—I paid them the whole amount of that bill—the cost of the 51 dozen and a half cuts was 3l. and a 1d.—(the account was here read, and amounted to 4l. 6s. 11d.)—there was no work done by the sawyers in my yard during Whitsun week—on Sunday, 22nd May, I went round the yard in company with Mr. Geddies—we examined the piles of timber—I observed that marks had been obliterated—the stock I examined was of uncut timber—the marks have been erased by hammering them—this (pointing to it) is the place where I mark them—I found I was deficient of somewhere about 12 dozen and 8 cuts, but I thought I would be under the mark, and said 10 dozen—on the Tuesday following I saw Mangham in the yard, and accused him of trying to obliterate the marks on the staves, and putting them on the pile again—he said, "I did not do it; my mate Woodward got here early in the morning and obliterated the marks, while me and Rayner were talking in the chimney corner"—that is where the coopers fire their casks—it is a rule in our trade to pay for work before it is accomplished—these sawyers had drawn 3l. 10s. beforehand—I cannot tell to a stave how much I paid beforehand in this instance.
JAMES GEDDIES . I am foreman in the prosecutor's employ. On 22nd May, in company with the prosecutor, I examined the pile of uncut staves in his yard—I observed there was an unusual appearance of mud on the ends of two or three of the top tiers—they are piled crossways—I got on the pile» brushed the mud off, and there I found marks had been attempted to be obliterated.: some effectually, and some partially—I did not at the time count the number of staves that had not the mark upon them—ultimately, on the Monday morning, I threw them off the pile, and found them to be two dozen
—that would be four dozen cuts—I was with Mr. Groat when Mangham was in the yard on the Tuesday or Wednesday following, and heard him tax him with putting the staves on the top of the pile—he said, "Mangham, how is it you have not cut the staves, and have endeavoured, by bruising, to injure the marks, and place them on the pile without cutting?"—that was on Tuesday or Wednesday—he said, "I know nothing about it, my mate Woodward took the marks out with a hammer."
JOSEPH BENTON (policeman, K 381). I produce the marking irons of some staves—I served a summons on Woodward for obtaining money under false pretences—he said he was going back to Mr. Groat that evening—he was at work in the Borough at that time—he said he was going to receive some money on Saturday, and if he did not come over to Mr. Groat's that evening be should come on Monday, and pay him 2l.—I do not know what he meant.
WILLIAM RAYNER . I am a sawyer, in the prosecutor's employ. I work with Harvey—I received a lot of staves from the prosecutor at the same time as the prisoner, on 11th May—they were what we term Dantzic hogsheads—my staves were marked "No. 2"—they had not the zigzag mark—I and Harvey did not cut all the staves we had to cut—we left them on the pile—I never saw either Woodward or Mangham up to the time I was there.
NOT GUILTY .
MR. PARRY conducted the Prosecution.
JANE WINDOR . I reside at Woodford. On 16th May, I was standing at the Bald-faced Stag, seeing a greasy pole climbed up for a leg of mutton—I had never seen such a thing before—it was the fair day, Whit Monday—I had a purse in my pocket, containing 3s. 6d.—I felt something touch me—I turned round instantly, and the prisoner was drawing my purse out of my pocket—he ran away; he looked round about three times—I ran after him, and told the police—I missed sight of the prisoner for about a minute—during that time he could have thrown the purse away, or passed it to some one—I then saw him again—I put the prisoner into custody myself—I said, "That is the man that stole my purse"—at the time I saw him draw the purse from my pocket there was a man standing near me—I have no doubt the prisoner is the person.
Cross-examined by MR. SLEIGH. Q. Who was climbing the greasy pole? A. A boy—at that time I was more interested in seeing the boy—I thought he would come down again—there were a great many persons all round, quite a crowd—I was in the midst of it—it was about 5 o'clock in the afternoon—I was rather farther from the Bald-faced Stag than to the end of this Court—I saw James Horner at the police office—I saw the prisoner draw the purse out, and then I saw him running away.
MR. PARRY. Q. Had you an opportunity of seeing his features? A. Yes, I was close to him—I ran after him, but he ran faster than I—I kept him in sight about a minute—I had an opportunity of seeing his features—I am sure this is the man.
JAMES HORNER . I live at Woodford, and am a groom. I was at the fair on 16th May, near the Bald-faced Stag—I saw the prisoner there against the greasy pole—I saw the prosecutrix; he was about four yards from her—I saw him put his hand in her pocket, and then run away—I followed him, but was pulled back—I saw the prosecutrix run and cry "Police, police," and she was pointing to find the policeman—I ran, but Iwas
stopped by two men whom I had seen not far off—they pulled me back—I got from them after having two buttons pulled off my coat—I ran after the prisoner again, and saw him going down the road with the policeman who had stopped him—I have no doubt he is the man.
Cross-examined. Q. You saw Miss Windor, and I suppose you spoke to her? A. No; I did not say a word—two men stopped me for a little while; it struck me that those two men had something to do with the robbery—I did not stop them—they went away—I did not come up to the prisoner when he was in custody; I was taken away by my master—I went to the police station about two hours after—I saw the prisoner again on the Saturday at the police office—I had not seen him at all from the evening of the 16th till the Saturday—he was not shown to me before the examination; he was at the bar when I saw him—I went to the police office because I was called to go—the prisoner had been examined on the Tuesday, but I was not there—I gave in my name and address to the Inspector—I did not know anything about the prisoner before I saw him at the fair—as soon as the purse was taken 1 was held back, and I did not see the prisoner till he was in custody—all J saw was a person take the purse from the pocket and run away—it was all the work of a moment.
MR. PARRY. Q. You first saw the prisoner taking the purse out of the pocket? A. Yes; I afterwards saw him in custody of the policeman—I went afterwards and gave evidence at the station, after I had put my pony away—I have no doubt the prisoner took the purse.
JOHN GREEN (policeman, N 97). I took the prisoner in the street—he was pointed out by Windor—I went to him and asked him where the lady's purse was? he said he knew nothing of the purse—I asked Miss Windor if she could swear to him? she said she could.
Cross-examined. Q. Did not the prisoner say he was perfectly innocent? A. Yes
(The prisoner received a good character.)
NOT GUILTY .
ANN MOULIN . I am the wife of Charles Moulin; we keep a shop at Stratford. On 3rd June I saw the prisoner going out of the shop about 12 o'clock in the day—I was at that time in the parlour behind the shop—I went in the shop and went out after the prisoner; I followed her, and she hid herself in the doorway of the police station next door—I went up to her and asked what she wanted in my shop—she said she wanted to go in the back yard—I went back to my shop, and directly I went back I missed my tea-kettle—I went after her again, and she was then sitting on the step of the station—I said "You have stolen my kettle;" she said "No, I have not"—I raised up her shawl and took this kettle (produced) from under it; it is mine—I know it by the mark inside the lid—I had seen it safe about five minutes before—it had been on the floor about two yards inside the shop.
Prisoner's Defence. I found this kettle some distance from the woman's
house; I went to the shop, I did not see any one there; then I went to the station house; I had got my hand on the door when she came.
GUILTY .—Aged 32.— Confined One Month ,
Before Mr. Common Serjeant.
FITZGERALD PLEADED GUILTY . Aged 21.— Transported for Seven Years.
MESSRS. DAWSON and POLAND conducted the Prosecutions
SAMUEL JARMAN . I am clerk to the solicitor of the Treasury. I produce a record of the conviction of two prisoners at this Court (read—Henry James and George Thompson, convicted 23rd Nov., 1852, for uttering counterfeit coin, and confined six months).
SUSANNAH KEMP . I am the daughter of John Kemp, who keeps a tobacconist's shop in Powis-street, Woolwich. On 2nd June the prisoner Thompson came to our shop—he bought something which came to 1 1/2 d.—he gave me a half crown; I put it in the till—there was one other half crown in the till, and some small silver—I gave him the change, and he left the shop—I stopped in the shop about a quarter of an hour after he went; my brother then came into the shop, and I went away—no one had been in—I left the till in the same state as it was when I put the half crown in.
Thompson. I only gave you a shilling.
GEORGE KEMP . I am brother of the last witness. She left the shop in my charge about 6 o'clock—I went to the till while I was there; there were two half crowns and some small silver—my mother came in the shop while I was there—she took one half crown out of the till, and told me to go to the public house and get a pot of beer with it—I went, and saw the barmaid; I gave her the same half crown—she returned it, and said it was bad—I looked at it myself, and thought it looked very bad—I brought it home again, and gave it to my mother—my brother William was there—my mother took the half crown down and showed it to my father, and she told my brother William to take the other half crown and go to the grocer's shop—I taw him return with that other half crown, and he gave it to my mother—I saw my mother show the first half crown to my father, and he gave it her back; it was not out of my sight—both the half crowns were put back into the till when my brother William came back—when the constable came, I marked the half crowns and gave them to him myself—these are them.
Thompson. Q. When you took it to the public house, what did you do with it? A. I gave it to the barmaid; she tried it on the counter, and gave it me back—it was not out of my sight.
WILLIAM KEMP . My mother gave me a half crown on 2nd June, and told me to take it to the grocer's—I took it, and the grocer sounded it and said it was bad—he tried it, but I did not lose sight of it—he gave it me back—I am quite sure it was the one which I passed to him—I did not lose sight of it all the time—I brought it home and gave it to my mother.
I looked in the till; there were two half crowns in it—I sent my son George with one half crown to the public house to get the beer—he brought the half crown back, and said it was a bad one—I showed it to ray husband; he said it was a decided bad one—I gave the other half crown to my son William, and told him to take it to the grocer's—he returned, and said it was bad—I put both the half crowns in the till—my son George afterwards gave them to the constable.
COURT. Q. When you showed the half crown to your husband, was it out of your sight? A. No.
SARAH STARTEN . My husband is a baker; he lives in High-street, Woolwich. On 2nd June I was in the shop the whole evening—the prisoner Fitzgerald came about half past 7 o'clock—he asked for ld.-worth of cakes; I served him, and he gave me half a crown—I thought it was bad, and I tried it in the detector—I told him it was a very bad one—he gave me another, and said, "Is that a good one?"—I said, "Yes"—I gave him his change, and he went away.
WILLIAM GLADWIN (policeman, R 122). J was on duty on 2nd June about 6 o'clock in the evening—I saw the prisoners walking and talking together in Powis-street—they crossed the road and looked into a chemist's shop—I saw them go from the shop about ten yards; I then lost sight of them—they were then about forty yards from Mr. Kemp's—I saw them again between 7 and 8 o'clock at the Market Head; they were both talking together—they both walked up towards Mrs. Starten's, the bakers—I followed them, and saw Mullins (Fitzgerald) go in the shop, and Cole (Thompson) returned back to the place where they started from—when Mullins came out of the shop I went in and made some inquiry—I came out and followed the prisoners, who were both walking together to the pier, and there I saw Mullins throw something in the water—when they got on board a steamboat which was coming to London, I took them into custody—I searched them—I found on Mullins 8s. 6d. in silver and 5d. in copper, all good, and six bad half crowns in this bag, and on Cole I found 4s. 8d. in good money; I found no bad money on him—Mullins said, "It is no use to search any more, you have got all"—I took them to the station—I should have mentioned that three of the half crowns I found were wrapped up separately in paper, and the other three were loose—I asked the prisoners their names; Thompson gave the name of George Cole, and Fitzgerald the name of John Mullins
THOMPSON— GUILTY . Aged 21.— Confined Eighteen Months.
GUILTY . Aged 28.— Confined Twelve Months.
MR. POLAND conducted the Prosecution.
WILLIAM HENRY FIELD . I am a grocer, and live at Charlton, in Kent. On Saturday, 30th April, Aldridge came to my shop; she asked for half an ounce of tobacco—I served her, and while I was serving her, I saw Robinson outside the window smoking his pipe—the tobacco came to 1 1/2 d.—Aldridge gave me a sixpence to pay for it—I should have given her change, but I had not change sufficient—I called my daughter to go and get change—I took
the same sixpence off the counter, and gave it to her to go to the "Lads of the Village" to get change—she left my shop with it, and Mr. Ledbitter brought it back to me, stating it was had—Aldridge was present, and she said she was quite unaware of it—he told her she had been over to his place trying it on—she merely looked round, and said it was quite a mistake—Mr. Ledbitter said to me, "Don't you see her companion?"—he threw the sixpence on the counter—I took it up, placed it in the detector, and bent it—I then placed it in my pocket where I had no other silver—I had no other silver in the house—I had just paid two bills—I gave the same sixpence to Archer about two hours afterwards—after Mr. Ledbitter had been in my shop, Aldridge went away, and she was taken in about two hours afterwards—when the prisoners were apprehended they were close together, and changing something from one hand to the other.
CHARLOTTE ANN FIELD . I am going on for nine years old; the last witness is my father. On Saturday, 30th April, he gave me a sixpence—I took the same sixpence to Mr. Ledbitter for change—I gave it him, and ha left me there, and came over to my father's shop.
JAMES LEDBITTER , I keep the "Lads of the Village," at Charlton. On 30th April the last witness came to me for change for a sixpence; she gave me a sixpence—I discovered it was bad—I took it to her father's shop—when I got there, Aldridge was there, and the prisoner Robinson was standing opposite his window—I told Mr. Field that the sixpence was bad—I gave it him, and said I was surprised that he did not know good money from bad—I told him that Aldridge had attempted to pass bad money at my house just before—I remember Ayley coming to my house with a sixpence, to know if it was bad or good—I told him it was bad, and returned it to him.
BARBARA AYLEY . My husband keeps a shop in East-street, Charlton. On Saturday, 30th April, Aldridge came between 2 and 3 o'clock—I served her a halfpennyworth of onions; she gave me a sixpence—I gave her five penny pieces and one halfpenny—I put the sixpence into the drawer where I took the change from—I had no other piece of silver in the house—soon afterwards my husband came in; I gave him the same sixpence from the drawer—I had no other sixpence there when I put it in, nor when I took it out.
THOMAS AYLEY I am the husband of the last witness. On 30th April she gave me a sixpence, which she took from the drawer in my shop—I took it down to Mr. Ledbitter, and chucked it on his counter, and asked if it was bad or good—he said, "Why, a bad one; don't you know it"—I said, "No"—he returned me the sixpence, I afterwards gave it to Archer.
COURT. Q. You took the sixpence your wife gave you to Ledbitter; A. Yes; and he threw down two, or it might be three good ones, and said, "Don't you see the difference in the colour"—I only know that I got my own sixpence back by the appearance of it.
JAMES LEDBITTER re-examined. When I received the sixpence from Ayley I mixed it with some others, to show him the difference between the good and bad in the colour—I am positive that the one I returned him was the one he gave me.
SAMUEL ARCHER (policeman, R 322). On Saturday 30th April, in consequence of information I went to Artillery-place, Woolwich—I saw both the prisoners on Artillery-walk, close together—I saw something past between them—I believe the man was giving the female some coppers out of his pocket in her apron—I took them, and told them what they were charged with—they did not say anything—I saw the man had something in his
hand—I asked him what he had got—he made use of a vulgar expression, and «aid he should not tell me—I said, "Never mind, I will take you to the station, and see what it is"—as we were going along he became very violent—I was obliged to draw my truncheon, and he dropped a sixpence which a boy who is here picked up, and after I got to the station he brought it to me—this is a sixpence that I received from Ann Soyer—I received one sixpence from Field, and another from Ayley—I searched the man.
JOSEPH HOBSON . I am an errand boy. On Saturday 30th April, I saw the last witness with the prisoner Robinson in custody in Brewer-street—I saw Robinson throw a sixpence out of his hand, wrapped in a bit of paper—I went and picked it up—I did not open the paper—a man tried to get it from me, and a gentleman came and took it and opened it—I saw it was a sixpence, and he took it to the police station with me—I saw him give the sixpence to the constable.
WILLIAM CAMPBELL TAYLOR . On Saturday 30th April, I saw the last witness in Brewer-street—I saw a person trying to wrest something from him—I told the man to let the boy alone, and to give me what he had—he gave me a paper—I opened it, and found a sixpence in it—I took it to the station, and gave it to Archer.
ANN JOYCE . I searched the prisoner Aldridge on 30th April—I found in a basket which she had a bad sixpence wrapped in paper—I found on her a good sixpence and some coppers—she told me to put the bad sixpence with the others, but I kept it separate and gave it to Archer.
ALDRIDGE— GUILTY . Aged 30. Confined Twelve Months.
MARY ANN COULSON . I am the wife of John Coulson, a labourer, we live at Deptfbrd. On Wednesday evening last, about half past 11 o'clock at night, I had a piece of stuff safe in a drawer in the sitting room down stairs—it belonged to Mrs. Paget, my mother-in-law—her husband's name it Thomas Paget; he is my father-in-law—I did not see the stuff afterwards—I missed it soon after 6 o'clock the next morning, and I missed a cotton dress which has not been found—it was not finished—they both belonged to my mother-in-law—I was working at them for her—I saw the cotton dress safe at 6 o'clock in the morning on the Thursday, the 9th, and I missed them about ten minutes afterwards—I had in the mean time gone up stairs again—I have seen the stuff since—this is it—it is cut crooked at one end—here is a notch in it by which I know it—the cotton dress has not been found again—I know the prisoner Bowles, she lived with me nearly two years, and was very just and honest while she lived with me—she had been in the habit of visiting me—it is about five or six weeks since she was at my house; 1 do not know the other prisoner.
Cross-examined by MR. O'BRIEN. Q. When did you miss this piece of Coburg stuff? A. Last Thursday morning, about 10 minutes past 6 o'clock—I saw it safe at half past 11 o'clock the night before—no one lived in the house with me—it is a four roomed house—this Coburg was in the middle drawer down stairs—I found the window shut in the morning when I came down; and the door was the same as I had left it—the Coburg had been in my possession about a fortnight; I had not worked upon it—there was no mark on it, only one side is cut crooked—it was bought at Mr. Hughes's, in High-street—it was in cutting that it caught this notch—I noticed it directly itwas
bought; I described this by its being cut crooked—I saw it at the police office before I gave any description—I did not tell anybody before I saw it, that it had this particular cutting—there is eight yards of it—it is what is called a dress.
HENRY WIDDISON (policeman, R 364). I met the two prisoners last Thursday morning, about half past 7 o'clock, in Greenwich-road—I observed Bowles had a bulk, I had known her before—I asked what she had got—she said she had got a piece of cloth—I asked her to let me look at it—she pulled this cloth out of her bosom—I said, "Where have you got this from?"—she said she had been to fetch it from a dressmaker's—the had bought it of a tally man and taken it to a dressmaker's to be made, and she had been to fetch it away to pawn to get something to drink—I asked her where the tally man's shop was; she could not tell me—Shepherd then said, "What is the good of telling that lie, you know I bought it at Mr. Townsend's a week ago?"—Bowles said nothing to that—I took the dress—this is it—both the prisoners were a little in liquor.
Cross-examined. Q. Did you go to Mr. Townsend's? A. Yes; he said it was not his property at all—I did not take the prisoners there.
(Bowles received a good character.) NOT GUILTY .
EMMA THOMPSON . I am the wife of John Thompson, be is an accountant in the Railway; we live at Deptford. The prisoner bad been in my service for nearly three months—she was the only servant I had—she left me about six weeks or two months ago—after she was gone I missed some articles; 1 sent for her twice, and she said they could not go without bands, but she knew nothing about it—she said she would come on the following Monday, and help me to search the house to see for them; she did not say she had any thing belonging to me; she denied everything—as she did not come according to her promise, I got two officers, and went to her father's house—that was on Monday, about 25th April—I found the prisoner there, she answered the door to me—I told her I had brought the constables to give her in charge on suspicion of stealing three articles—she said she knew that she had taken the mantle and bottle, but the mantle was at her sister's up the Kent-road—she said she had given it to her sister—she said she did not know where the child had put the bottle—I searched her box, and her bed room; I found a great many various things—the trimmings of the mantle which she had taken off—a flannel petticoat, and a piece of calico—I did not find anything else that day—I did not give her in charge, for she had a violent fit while I was searching—I went again a week afterwards, and found a basket, a hair brush, a child's toy, and several other things, and two station flags, which are my husband's; they are used as signals on the railway; these are the articles, I know them all—I did not find this bottle there—her mother brought it up in the evening, and in the evening she went to her sister's situation to get the mantle—I found some of these things in her box, some in her mother's boxes, and some in her sister's box—they are my husband's.
Cross-examined by MR. O'BRIEN. Q. How long had the prisoner lived with you? A. Three months, within a week—she had no fits while she was with me, and no illness whatever—I did not know she was subject to fits—I discharged her first, and she stayed a week over the time—when I went to her house I went with two constables; they sent two with me—her father was sent for—I found in her box a flannel petticoat and a petticoat body;
that was in her bedroom—other persons slept there—one of the constables went with me there—the prisoner was there, and her father and mother, and her little brother—there were more boxes than one in the room—I did not search them all—I searched her box, and one of her mother's—I asked her mother, in her presence, which was her box, and in that box I found this petticoat—there is no name on it; it is my own making—she was the only servant that was in the house with me—I was not in the habit of giving her any perquisites; she had 2s. a week and her food—I have one little boy—I found, besides the petticoat, this shift and petticoat body—I did not give her in charge then, but I said, "Provided anything else comes that I recognize to be mine, I will give her in charge"—after that her sister brought a pair of sleeves and a pocket handkerchief—this mantle was my sister's, who is a widow—she was living in the house with me—the prisoner's mother brought this to me on the Monday evening, the same day that I went to her house, and she brought the bottle back—I went to the house again—on the Saturday evening the sister brought the pocket handkerchief and sleeves, and in the evening I went to the house—the prisoner's sister came to visit her one Sunday evening while she was at my place—I was at Church myself—the prisoner used to do what my sister wanted—when I went to the prisoner the second time the policeman was with me—I then found this box, and basket, and toy—I understood the prisoner had lived with a lady before she came to me, but I did not go for a character.
GEORGE CHAPMAN (policeman, R 208). I went with the last witness to the prisoner's on Saturday, 30th April—I saw the prisoner there—I told her she was charged with robbing her mistress—she said nothing—I asked her if she had any more articles than what she had sent back—she said, "No"—I searched the box which her mother pointed out as being hers—I found this brush, these flags, two or three handkerchiefs, and two or three neck ties.
Cross-examined. Q. What day was this? A. On Saturday, 30th April—I was not there the first time—I did not know the prisoner's father previous to that—another constable went with me, who remained down stairs—the prisoner was remanded three or four times to find some other property that was missing. (The prisoner received a good character.)
GUILTY. Aged 20.— Recommended to mercy by the Jury.—Judgment Respited,
GEORGE KING . I am a carpenter, and live at Plumstead. On 17th May, between 9 and 10 o'clock in the evening, I had a time piece—this is it—it was on the mantel piece in my front parlour—I went to bed, and in the morning I went out to work, and previous to my coming home to breakfast I received information, and went to the station house, between 8 and halfpast 8 o'clock—I there saw my time piece—the prisoner was there—I was told I had lost such a thing, and the prisoner was seen coming out of my house—this is my property.
Cross-examined by MR. O'BRIEN. Q. How long had you had it? A. About two months—I went out that morning about 10 minutes before 6 o'clock—I did not look into my parlour to see if the time piece was there—I left my nephew and his wife in the house, and my wife and children—I suppose I closed the door, and did not shut it—I was in a hurry to get to my employ, and as I was going home I met my neighbour at the gateswaiting for me.
witness. On Wednesday morning, 18th May, I came out of my house about 7 o'clock—I saw the prisoner coming out of the prosecutor's house—I had never seen her before—I am certain she is the woman—she went to the Sussex Arms, and I told her it was no use to rap at that door for an hour; there would be no one up—I went to a shop for a few things—I returned in twenty-five minutes, and found Mr. King's door open—it was open in the same manner as when the prisoner came out—I knocked at the door, and saw Mrs. King—I did not go into the parlour, or look in—I spoke to Mrs. King at the door, and in consequence of that I gave information to the constable.
Cross-examined, Q., Had you ever seen this woman before? A. No—the prosecutor's door and my door join—she was coming out of his doer as I came out of mine—she walked to the Sussex Arms, which is about thirty yards—I did not rap at Mr. King's door at that time; I did when I came back, about twenty-five minutes afterwards—I left the prisoner at the Sussex Arms when I went away.
HENRY TURNER . I am the son of William Turner. I live about 100 yards from Mr. King's—I know his house very well—on the morning of 18th May the prisoner came to my father's shop about half past 7 o'clock—I did not know her name—she had a time piece in her hand, wrapped in an apron—I saw there was something—I could not see what it was—she said, "Let me leave this; I will call for it in a few minutes' time"—I said, "Put it down," and she put it down in one of my father's baskets—my father is a greengrocer—the basket stood on a box in the shop—the prisoner went away, and did not come back—soon afterwards a constable came, and had the parcel the prisoner had left—my father was there, and he took it up out of the basket—I saw the parcel undone—this timepiece was in it.
Cross-examined, Q. Had you ever seen this woman before? A. Yes, she used to come to the shop and buy things—I did not know her name she used to come very often—I knew where she lived, at No. 30, Archer-street—I did not see her again till I went to the police station—I did not tell anybody who had left the parcel till I got to the station—the prisoner has a sister—I do not know her name—both of them used to come to the shop—they are not much alike.
CHARLES WOOD (policeman, R 333). On 8th May, in consequence of information, I went to Mr. Turner's shop, and got this time piece—it was wrapped up in an apron, and was in a basket—I went and apprehended the prisoner at the Sussex Arms, at the corner of Plumstead-road—I told her what she was charged with—she said she knew nothing about it.
Cross-examined. Q. How far is the Sussex Arms from the prosecutor's? A. About twenty yards—I saw Keeble before I went to the Sussex Arms, and received from him a description of the person.
(The prisoner was also charged with having been before convicted,)
SAMUEL WATTS . I produce a certificate of he prisoner's former conviction—read—(Convicted at this Court, 1852, of stealing a cravat, having been before convicted—Confined three months)—I was at the trial—the prisoner is the person.
GUILTY .—Aged 25. Transported for Seven Years ,
GUILTY. Aged 16.— Judgment Respited,
(John Carpenter, police sergeant, stated that the prisoner had been summarily convicted of picking pockets eight or nine months ago, but that he was a very intelligent boy, and if somebody would take him by the hand he might yet be reformed.)
749. ANN SHRIMPTON and JOHN SHRIMPTON , stealing, at Woolwich, 1 bottle of brandy, 1 bottle of cloves, 3 towels, and other goods, value 13s. 6d.; the goods of Jane Ward, the mistress of Ann Shrimpton: 1 mantle, 1l.; the goods of Sarah Ward: and 3 handkerchiefs and other goods; the goods of Thomas Ward: to which
ANN SHRIMPTON pleaded GUILTY . Aged 26.
JOHN SHRIMPTON pleaded GUILTY . Aged 26.
Confined six months
750. ANN SHRIMPTON and JOHN SHRIMPTON were again indicted for stealing 2 bottles of wine, 1 bottle of gin, 2 hat pegs, and other articles, value 145.; the goods of Jane Ward, the mistress of Ann Shrimpton: to which JOHN SHRIMPTON pleaded
GUILTY . Aged 26.— Confined Six Months
(The part of the charge relating to Ann Shrimpton was not proceeded with.)
MR. COOPER conducted the Prosecution,
JOHN MORRISS . I am foreman to Mr. Morriss Myers, a builder, of Charlton, in Kent. In April last he was building some houses in Sand-street, Woolwich—the prisoner was one of the workmen employed there; he had to use cement belonging to Mr. Myers—on the Saturday after 23rd April he left his work, and went to work at some houses close by Mr. Wales', leaving his contract with Mr. Myers unfinished—I believe he is rather more indebted to Mr. Myers than Mr. Myers to him—I am quite certain Mr. Myers owes him nothing.
Cross-examined by MR. PAYNE. Q. Do you say positively that Mr. Myers does not owe him anything? A. Yes, I consider so; but it may be a very critical point to hit the exact line—Mr. Myers is not here—the houses Mr. Wales is building are within 100 yards of those Mr. Myers is building—the prisoner was not taken into custody for full a month after this happened—I am not prepared to say whether I had seen him in the meantime—I was living near the spot—I cannot venture to say I did not see him many times—he had both jobs in hand at one time, and I cannot say that he was not working at one after he left the other.
MR. COOPER. Q. I believe a railway divides the two properties? A. Yes; I went to the police office within two days of missing the cement, which was about 23rd April—he was not taken before, because the sergeant of police said that the case was not strong enough, and we had better wait a more fitting opportunity and make the case right—it was the same cement that he was taken for afterwards.
COURT. Q. Was he working at Mr. Wales's at this time? A. No; he was taken at his own house in High-street, Woolwich.
JOHN STEPHENSON . I am a labourer, living at Plumstead. I worked with the prisoner at Mr. Myers's buildings in Sand-street—the usual time for his coming to work was 6 o'clock in the morning—on a Thursday in last Feb., I think it was, I got up at half past 5 o'clock and knocked at his door; his wife told me he had gone; it was dark—I went to the houses, and saw the prisoner moving some cement out of one of Mr. Myers's casks, and putting it into a bag—I was about 100 yards from him, but I could see that distance—I did not say anything, but he said, "If anybody should ask you any questions, say you do not know;" but I was not aware that he was stealing the cement—I should think he took about half a bushel away it a time in a
bag—the foreman mentioned it to me first about three weeks afterwards, and then I told him what I had seen.
Cross-examined, Q. Was there a Mr. West with him? A. Yes; he gave it to West to carry into Mr. Wales's house, but I was not aware he was stealing it, and I never said anything—I have had no dispute with the prisoner—I have not said he charged me too much for my lodging—I did not know but what he had bought the cement.
MR. COOPER. Q. He took one bag, you say? A. Two bags, and West took them in one at a time. West is a stranger to me; he belongs to the Militia and wears a blue jacket.
WILLIAM EDWARDS (policeman, R 220). I took the prisoner on 30th May—Mr. Myers was present, and said, "I give this man in charge for stealing a cask of cement"—the prisoner said "Very well," and went with me to the station house.
(The prisoner's statement before the Magistrate was here read as follows; The cement was my own, and I borrowed the cask of Mr. Morriss.
NOT GUILTY .
752. GEORGE BAXTER , burglariously breaking and entering the dwelling house of Benjamin Mitchell, and stealing 8 spoons, value 4l. 6s., his property; also burglary in the dwelling house of Thomas Bradley, and stealing 6 spoons and other articles, his property; having been before convicted: to both of which he pleaded.
GUILTY .** Aged 24.— Transported for Ten Years.
GUILTY .— Confined Four Months.
Before Mr. Common Serjeant.
CHARLES FREDERICK VOGT . I am a comb manufacturer, of Park-road, Greenwich. The prisoner was in my service from 2nd Nov. till the Saturday previous to Whit-Sunday—he never had any work to do at home—he worked on my premises—he had no occasion to take anything from the premises—he was at work on my premises on 2nd May—on 15th May I went with a constable to the prisoner's lodgings—I did not see him there—my wife was there the previous evening—I round in a bedroom some unfinished combs—this (producing one) was made in my establishment, and it is a peculiar kind—I know the work of it—I found some comb makers' took—these things were safe on my premises while the prisoner was with me—I did not miss them all at once.
Prisoner. Q. How can you swear to that tool being yours? A. It has the mark upon it; I know it by the shape, and from having seen it long in my possession—it has become acquainted with me the same as other things—I can swear the raw material of that comb was manufactured by me—from time to time I missed combs—you could not have bought the horn and manufactured them yourself on my premises.
COURT. Q. If he had attended to his own work, could he not have made as many as you found there of his own? A. No, he could not.
Greenwich—I knew the prisoner was there—I knew him when he was at Mr. Thorpe's—I heard him say he lodged at No. 8—I found the combs on the shelf—I saw Mrs. Bowsel there—I went afterwards with the prosecutor—he was present when I showed him the things—he got them down, and said, "They are mine; I identify them to be my property"—the prisoner told me he bought the horn in London, and brought them to Greenwich to have them finished.
GEORGE GOWER . I know the prisoner—I occupy the same room with him, at No. 8, Prospect-place—that is where the policeman came—I have seen him bring combs borne when be came home from work—he brought them in his pocket—he told me they were damaged combs, and of no use to his master.
Prisoner, Q. Did you ever ask me whether they were my own or my master's? A. I never did; you told me they were damaged combs.
Prisoner's Defence. My master is in a small way of business; and if I had carried on this game, he certainly would have missed it in a month; if he had missed one comb he would have wanted to know where it was
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 39.— Confined Two Months.
Before Mr. Common Serjeant,
GUILTY . Aged 12.— Confined Four Months.
NOT GUILTY .
GUILTY . Aged 13.— Confined Twelve Months.
GUILTY . Aged 22.— Confined Four Months.
THOMAS RIDDLE (City policeman, 806). I took the prisoner on 1st June, about a quarter to 6 o'clock in the morning, and found a pewter pot in his pocket, connected with the other charge—when he was at the station he pretended to be ill, and I made him take off both his coats, and in a pocket of one coat I found this pewter pot (produced), bent as it is now—he said he picked it up—it has Mr. Hinwood's name on it.
12 o'clock on the night of 31st May—I was serving with pots of this description, but do not remember serving him.
Prisoner. I was not there, I was at Sydenham. Witness. I am sure he is the man—I cannot say when I last saw this pot—it might have been taken at some former period—I had not known him before.
Prisoner's Defence. It is false; I was not in his house; I picked the pot up; it looked as if a cab had been over it.
NOT GUILTY .
MR. WOOLLETT, on-behalf of the prisoner, suggested that he was not in a fit state of mind to plead to the indictment; the JURY were sworn to try the fact,
GILBERT M'MURDO . I am surgeon of the Gaol of Newgate. The prisoner has been under my care some days—I have paid attention to his condition—I think from the state of his mind that he is not fit to plead—he is insane at the present moment.
The JURY found the prisoner INSANE.
ADJOURNED TO MONDAY, JULY 4TH, 1853.