CENTRAL CRIMINAL COURT.
CHALLIS, MAYOR. TENTH 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, August 15th, 1853.
PRESENT—The Right Hon. the LORD MAYOR; Mr. RECORDER; Mr. Ald. MOON; Mr. Ald. SALOMONS; Sir ROBERT WALTER CARDEN, Knt., Ald.; and RUSSELL GURNEY, Esq.
Before Mr. Recorder and the First Jury.
NOT GUILTY .
GUILTY . Aged 25.— Confined Twelve Months.
GUILTY . Aged 17.— Confined Four Months.
GUILTY . Aged 35.— Confined Eight Months.
Mr. COOPER conducted the Prosecution.
JOHN TODD . I am in partnership with Mr. Procter; we are cheesemongers. The prisoner was in our employ—he was authorised to receive money, if paid to him—he used to take butter to Mr. Madgwick's almost every day—Mr. Cuthbert, of Cheapside, was also a customer of ours—our books are not here—I have examined them—I have not received from the prisoner 16s. 8 1/2 d.,
received on 23rd June, from Ann Moon, housekeeper to Mr. Madgwick, or 8s. 11d. from Margaret Galbin, Mr. Cuthbert's cook.
Cross-examined by MR. GIFFORD. Q. How many persons are there in your establishment besides the prisoner? A. Eight or nine; some are employed behind the counter, and some in carrying out—I cannot undertake to say, without the books, whether I received any money that day from the prisoner—if my partner and I were both out of the way, the men behind the counter would receive the money from the prisoner; but we were not out of the way—they are not here.
ROBERT PROCTER . I am in partnership with Mr. Todd, at No. 78, St. Paul's Churchyard. The prisoner has been twelve years in our employ, as porter—I had some suspicion about him, and on Wednesday morning, 13th July, I asked him if Mr. Madgwick's cook had paid him certain bills, and told him that the cook had been to pay the last weekly bill, and said she had paid the others; he said he had not received them—I pressed him more closely, and he said, I have received it, and not accounted for it"—(the books were here sent for).
Cross-examined. Q. How many customers have you in the course of the day? A. Perhaps fifty—it was the prisoner's duty to account for money received, the moment he came into the shop—he has never, to my knowledge, paid me money which he has had more than a day—I never knew him to keep money till I was disengaged—he may have come in and waited ten minutes or a quarter of an hour till I was disengaged, after which he would give me the money—I should not have objected to his accounting to me next morning if he got home late; it might happen, but I do not recollect it—we always deemed him a good servant—on 13th July I asked him to produce his book; he said he had lost it—when he accounted to me, he used to hold the book in his hand and read from it—I have frequently asked him for it, but he has never produced it since—to the best of my memory, I used to see it every day.
ANN MOON . I was cook to Mr. Thomas Madgwick in June. On 23rd June I paid the prisoner 16s. 8 1/2 d., and he gave me this receipt (produced)—I saw him write his name to it—on 11th July I paid the prisoner 7s. 11d.; he receipted the bill at the time.
MARGARET GALBIN . In July I was cook to Mr. Cuthbert, of No. 62, Cheapside, who dealt with Messrs. Todd. I was in the habit of paying the prisoner once a fortnight—on Wednesday, 6th July, I paid him 8s. 11d.—I did not take a receipt, I have not taken any these three years—I kept the account of what I had had in my mind—the account was 8s. 6d., but he charged 8s. 11d., and rather than have any dispute I gave it to him.
Cross-examined. Q. Are there as many as a dozen customers in the book all belonging to the prisoner's round? A. At least a dozen—in making the entries I put the sums down last—this 16s. 8d. has been altered to 16s. 9d. by myself, that was given to the prisoner for change for a sovereign—nobody makes entries in this book for the prisoner's round except me and my partner
—if Mr. Todd and myself were both absent, the prisoner's money would be entered in the day-book—there are entries in the day-book by the men behind the counter, but not of the rounds—the prisoner's wages were 19s. a week, but not his board.
The prisoner received a good character.
GUILTY , recommended to mercy by the Jury and Prosecutor. Aged 26.— Confined Four Months.
GUILTY . Aged 23.— Confined Six Months.
WILLIAM SEAMORE STANBURY . I was formerly a seaman, and live at No. 1, Windsor-terrace. On 25th July, about 20 minutes past 8 o'clock in the evening, I was walking with a young woman in Ratcliff-highway—as we passed the Cock and Neptune public house, the prisoner came up on my left side, and struck me on the back part of my head with a piece of sharp-pointed wood—it did not knock me down, I just staggered—I was going to lay hold of him, and he put his right arm round my waist and pinned my hands to my side—he then made a grab at my gold watch-chain—he broke off two of my waistcoat buttons, and broke the chain, but the policeman and others came up, and be made off, and went into the Cock and Neptune—I bled very much from the blow I received—I was quite insensible after the prisoner was given in charge.
(WILLIAM WILSON being called, did not appear.)
THOMAS WEAK FORD (policeman). The prisoner was given into my custody by the prosecutor—he was stunned and partly insensible at the time; his head was bleeding very much—the prisoner came out of the Cock and Neptune as I was speaking to the prosecutor, and he directly pointed him out, and said, "That is the man"—I told him he was charged with stabbing that man—I thought at the time that be had been stabbed, from his bleeding so—he said, "I did not do it; I was in the public-house, and when I came out I saw his head bleeding"—I have done my best to find Wilson, but have not been able to do so—I did not see any other black man but the prisoner about there—the Cock and Neptune is a house that is frequented by a great many black men.
W. S. STANBURY re-examined. I had never seen the prisoner before—I am quite sure he is the man—it was just dark when this happened; he was close to me, and I took notice of his features—he went into the Cock and Neptune after he left me.
Prisoner's Defence. I never had anything to do with the man till I came out of the house and saw him bleeding; he had a woman with him, and had been drinking.
W. S. STANBURY re-examined. I have not seen the girl who was with me since; I do not know her name, or where she lives.
THOMAS WEAKFORD re-examined. The female attended at the police-court, and was examined, but was not bound over; she could not identify the prisoner—I did not go into the Cock and Neptune; I do not know whether there was any other black man there.
NOT GUILTY .
NEW COURT.—Monday, August 15th, 1853.
PRESENT—Mr. Ald. MOON; Mr. Ald. SALOMONS; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fifth Jury.
MR. CAARTEEN conducted the Prosecution.
WILLIAM BANKS SILK . I keep an hotel, in St. Paul's Churchyard. On Friday, 24th June, I remember the prisoner dining at my house—after he had dined, from something I observed, I collared him, and said, "You rascal, you have stolen that spoon"—he resisted a little—I took him by the collar—he followed me into the other room—the waiter searched him, and found this part of a spoon, with the top broken off, in his breast pocket—I cannot say whether the waiter took it from him, or whether he took it out—he resisted a good deal—a number of duplicates were found on him—I gave the spoon and duplicates to the officer.
GEORGE EDWARDS (City policeman, 343). The prisoner was given into my custody on 24th June, at the Cathedral Hotel, in St. Paul's Churchyard—I received this part of a spoon, and nine or ten duplicates—I searched the prisoner, and found on him some more duplicates, twenty-one in all—I have examined them; they relate to watches, handkerchiefs, and other things, pawned in different names—three silk handkerchiefs were found on the prisoner, with no marks on them.
Cross-examined by MR. SLEIGH. Q. When you took the prisoner, did he make any resistance? A. Not any—he said he was a respectable man, and perfectly innocent—he said this spoon was his own, and gave his name and address, which I found was correct.
THOMAS DAWS . I am partner with Mr. John Simpson; we keep a tavern, in the Strand. I believe this broken spoon to be the property of me and my partner—I have a great number of others, and a portion of them resemble this one—the shape and form of this spoon are very striking—it is rather old-fashioned—I have brought one with me to compare with it—I have seen the prisoner at our tavern; I cannot say when.
Cross-examined. Q. Is there anything on this piece of a spoon that enables you to swear to it positively, besides being like others in your possession? A. It has the same hall mark on it; to the best of my knowledge, they have different letters for different years—this has a K on it—we have now only five of these, and we had six a few days before the prisoner was taken—I have no doubt at all that this is our spoon; I will swear beyond all doubt that it 1s.
GUILTY . Aged 44.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution.
HENRY COOPER . I am a surgeon, and live in Moor-street, Soho-square. On 13th Oct., between 3 and 4 o'clock in the afternoon, the prisoner came to me; he had not been introduced to me personally before, but a letter from my solicitor introduced him to me, and he came with my solicitor—a promissory note was handed to me—I think my solicitor, Mr. Walsh, handed it to me—
it was signed by the prisoner and William Jones—I gave a cheek for it—I did not know the prisoner or William Jones, but Mr. Walsh had asked me if I could oblige a client of his by doing it—the note was not honoured when it was due.
JAMES WILLIAM WALSH . I am a solicitor. I know the prisoner; I introduced him to the last witness for the purpose of having this note discounted—I had spoken to Mr. Cooper about it on the prisoner depositing a certain policy of insurance, and knowing his father-in-law by reputation—the prisoner showed me the note, which purported to be signed by William Jones—the note required an alteration, and it was made, and it was discounted by Mr. Cooper.
WILLIAM JONES . I keep the Three Pigeons, at Winslow, in Buckinghamshire; I am father-in-law of the prisoner. The name of William Jones on the note is not my writing—I did not give anybody authority to sign it—my son-in-law was in distress.
Cross-examined by MR. WOOLLETT. Q. Are there many members of your family in the country living near you? A. Yes, a great many; they have had transactions with me—I believe they never had a promissory note but one, which is two years ago.
GUILTY . Aged 27. (Recommended to mercy by the Jury.)— Confined Six Months.
GUILTY . Aged 33.— Transported for Seven Years.
(The prisoner received a good character.)
GUILTY . Aged 33.— Confined Six Months.
GUILTY . Aged 15.— Confined Six Months.
GUILTY . Aged 24.— Confined Four Months.
GUILTY . Aged 24.— Confined Four Months.
GUILTY . Aged 57.— Confined Three Months.
JOHN BURKETT . I am a stoker, and live at Greenwich. On 10th Aug. I was crossing Tower-hill; I saw the prisoner with three others—she left them, and came to me—I had 2l. in my waistcoat pocket, which was safe just before—she asked me to treat her with something to drink—I told her I would not—she still kept following me, and asked me to give her 2d.—I
had 1 1/2 d., which was all the coppers I had; I gave it her—she came before me and pushed against my side, where I had my money—I ran away, and when I got about fifty yards, I missed the 2l.; I ran back and told the officer—he found the two sovereigns in the prisoner's hand; I am sure she is the same person.
Prisoner, He gave me 5s. Witness. No, only 1 1/2 d., which was to get rid of her—I took that from my trowsers pocket, not the pocket where I had these sovereigns—they were in my waistcoat pocket.
MARCUS CULVER (policeman, H 182). I was on duty on Tower-hill. The prosecutor made a complaint to me; I went down Rosemary-lane, and took the prisoner standing outside a public house—on going to the station I saw she had her right hand closed—I asked her what she had got—she made no answer—I opened her hand, and found two sovereigns in it; and in her left hand three shillings—she said, "That is my money. "
Prisoner's Defence. He gave me five shillings, the sovereigns were with it.
GUILTY . Aged 20.— Confined Three Months.
MR. PAYNE conducted the Prosecution.
PHILIP CAPON (City-policeman, 71). On Saturday night, 2nd July, I received information, and went to Mr. Capp's warehouse in Moor-lane, about 20 minutes past 11 o'clock—I heard something inside like persons moving—I sent for assistance, and two officers came—I placed one of them in front, and the other at the back of the premises—I went to the lower door which is down the steps in a sort of area—the door was nailed and fastened inside, shored up with a piece of wood—I partly forced the door open, and heard the sound of persons going up the first flight of stairs—I examined the lower room, and then went up stairs to the first floor; I saw the two prisoners go up the next flight of stairs, from the first to the second floor—I looked about the first floor, and then went up to the second floor—when I got there I saw the prisoners, one of them threw up the window, and they both went out—I afterwards examined the door in the area—I found it had been forced open—it had been nailed, and the nails were broken down—there was in the warehouse a quantity of lead pipe fitted to the gas, and to the water cock—it appeared to me as if a piece had been broken off the water pipe—I produce this piece of lead pipe which I had given to me by Mr. Ewar on the Monday—I did not find it—I examined the place again on the Tuesday, and found this piece corresponded with the part that had been broken.
Cross-examined by MR. CARTER. Q. Did you see this piece on the Saturday night? A. No; I found this had been severed from the piece that remained—there were some gas pipes and brass cocks fitted up in the wall which were not disturbed—I did not see either of the prisoners in possession of this piece—they were in custody on the Tuesday, when I made the search—I saw them open the window, and escape—the warehouse had lead and taps in it which were fixtures, but no stock of any kind—it had been sold off—when I got to the warehouse I heard persons walk on the floors—there are hot several empty houses about there—I did not find any place open, or any window—there was no hole in the door larger than the keyhole—I did not find any dog on the premises—two dogs entered with me—they were not mine, one belonged to Mr. Ewar, the other to his brother—there was not a dog barking on the premises—I first saw the dogs in the lane, at the cor-
ner of Ebenezer-place, with Mr. Ewar—I did not try to unlock the door—Mr. Ewar did—the door had been nailed up by Mr. Ewar.
Mr. PAYNE. Q. When you went to the door had the nails been forced? A. Yes; and we were kept out by the door being shored up—I am quite sure the dogs were not in before I got in.
WILLIAM BRERETON (City-policeman, 160). I went to the assistance of the last witness—I was placed at the back; I saw the two prisoners come out of the window; Burdon came down, I caught him and gave him to a brother officer—I then caught Bassett, and took him to the station—I saw Capon go into the premises; a couple of dogs went in with him—there were no dogs in the premises before he got in.
GEORGE EWAR . I am a fancy box maker, I live in Ebenezer-place. I received orders to look to Mr. Capp's warehouse—on Saturday evening, 2nd July, I heard something—I went to the premises, and saw two men in the lower shop which is below the ground—the first steps lead from there to the ground floor, and then there are steps-leading to the first floor—I saw the persons in the lower floor—I do not re-cognise them—I went for the key—when I came back the policeman was there—I tried to unlock the door, but was not able to do so—I got in by forcing the bottom of the door—the policeman went in with me—I had one dog who followed me in—I cannot say whether I saw any other dog there—I went upstairs with the policeman—I saw one person getting out of the window; I do not know who it was—one had got out—after the prisoners were taken and locked up, the inspector and I looked over the premises—we saw the pipe had been broken off, but could not find the piece—on the Monday morning I went there with Mr. Richards, and we stopped up the water pipe, because the water was running away—he pointed out this pipe, and I picked it up—it was a little way from under the stain—I had fastened up the premises on the Saturday, at dinner time; and after the prisoners were gone I just put the door up as well as I could—I had not seen this piece of lead on the Saturday night—we might have overlooked it in the dark.
Cross-examined. Q. When you first saw the prisoners where were they? A. In the cellar floor; when I got the key I could not unlock the door, it was fastened—I had nailed it up—I did not expect to unlock the nails—I did not look to see if there was any other door or window open—we forced open the door—I think it had been opened before—it was barricaded up—it had been off its hinges in the daytime—I had not nailed it up on both sides, but where the hinges were—I locked it on the other side with the key—there was not a hole in that door large enough for a dog to enter—I saw two dogs just as we broke in—I cannot say whether they were in there before—one of them belonged to me, and he followed me in—I saw the other after we had been in a little while; I found it inside—I looked about on the Saturday night, and saw the pipe had been severed, but did not see this piece of pipe—I looked over the premises, and found nothing missing—the premises were empty, except the gas fittings—they bad not been sold—I did not think anything had been disturbed—that was the only door I had nailed on the Saturday—I nailed it inside—I got out at another door—I did not hear a dog barking on the premises—I could hear people moving about—I looked through a broken window and saw them—I had known Bassett; he keeps a dog—Bassett had worked for me till within three weeks—he knew of the sale.
MR. PAYNE. Q. When you found the door with the nails forced, who went in first, you, or the policeman? A. I did, and my dog went in with me—the policeman was behind me.
GEORGE RICHARDS . I am traveller to Mr. Thomas Capps, of No. 21, Leadenhall-street. On Saturday, 2nd July, I went into his premises in Moor-lane, between 10 and 2 o'clock; I stayed there about three quarters of an hour—I asked Mr. Ewar to nail the doors, and he said he placed a piece of wood inside, and nailed them up—I was outside, and he was inside—I heard some one nailing the doors—that fastened them—he went out at a private door in connection with his own house—on the Monday following, I went there as usual to collect the rents, between 10 and 12 o'clock—I heard some water running in the lower part of the premises—I told Mr. Ewar—I then went into the premises, and found that the pipe had been broken—I found this piece of pipe just by the staircase, from two to three yards from the place where it had been broken off—it corresponded with the place where it had been cut—it was in a position where it might have been dropped by a person going up stairs—there were gas fittings and pipe there which had not been disturbed.
Cross-examined, Q. And there were bricks and rubbish? A. I did not notice any; there was some dirt—the premises had been broken open, but the doors and windows were closed—no one was on the premises—there was no breaking on these doors, but on a door going to Mr. Ewar's premises there was the appearance as if a person had forced a way from the warehouse to Mr. Ewar's—that was not the door which had been broken—the socket that held the bolt had been forced away—the running water first took my attention.
BASSETT— GUILTY . Aged 24.— Confined Twelve Months.
BURDON— GUILTY .** Aged 21.— Transported for Seven Years.
GUILTY . Aged 63.— Confined Six Months.
GUILTY . Aged 15.— Confined Six Months.
MR. O'BRIEN conducted the Prosecution.
WILLIAM HENRY MELVILLE . I have chambers in Lincoln's Inn. I was passing London-bridge with a friend on 18th July, about 10 minutes past 10 o'clock; we came from Greenwich by the quarter before 10 o'clock train—I was spoken to by Legge—I felt my pocket, and my handkerchief was gone—this is it (produced)—I first saw it again in the hands of the officer Knight—I know I bad it in the railway carriage about a quarter of an hour before—I saw Taylor; I did not see Neenan till I was at the Mansion-house.
Cross-examined by MR. METCALFE. Q. Were there other persons there when Taylor was taken? A. Yes
GEORGE LEGG (City policeman, 440). At a quarter past 10 o'clock on the night of 18th July, I was with Knight, coming from the Borough towards the City—I saw both the prisoners on London Bridge when we had just come from the railway station—I believe I had seen the prisoner before—I saw Taylor put his hand in a gentleman's pocket, and Neenan was close behind him—I then saw Taylor put his hand in another gentleman's pocket—I cannot say whether he took anything—I then saw Taylor go to Mr. Melville and put his hand in his pocket and take a handkerchief, and Neenan was close behind him—I was a yard or two from Mr. Melville when I saw Taylor draw the handkerchief—I caught him, and he at once threw the handkerchief to Neenan
—I kept Taylor in custody, and followed Mr. Melville—I asked him if he had lost anything—he felt in his pocket, and said he had lost his handkerchief—he said, "Where is it?"—I said, "My brother officer has it"—I walked back with Mr. Melville, and saw Knight on the pavement in a gore of blood; I took this handkerchief from him—I have not the least doubt that Neenan is the man I saw with Taylor.
Cross-examined. Q. Had you seen him before? A. I believe I have; I do not know him—I believe I have seen him—the greater part of the time we were following the prisoners their backs were towards me—they turned occasionally—I believe I saw Neenan once after that night, before he was in custody—I looked over a lodging-house in Mint-street, and recognised his face at once—that was three or four hours before he was taken—I did not take him as I was not quite certain as to him—he was in bed, partly covered over; I only saw part of his face—I believe that was the same house in which he was afterwards taken—I searched several houses—I only know that it was that house from what I heard—I saw a man like Neenan—he was in bed, half covered over—I did not turn the clothes down—I saw part of his face—I had nothing to do with taking him.
MR. O'BRIEN. Q. You said the prisoners were going over the bridge? A. Yes; one was at work—the other turned round, that was Neenan—I went in the lodging-house between 6 and 7 o'clock in the morning—an officer named Johnson was with me.
JOSEPH COMBER KNIGHT (City policeman). I was with Legge on the night of 18th July—I saw both the prisoners on the bridge—I knew them by sight—I saw them together once, about three months before—I saw Taylor try a gentleman's pocket—I could not say whether he took anything or not—the prisoners then turned back towards the Borough—they passed us, and came right by us—they then turned again, and Taylor felt another gentleman's pocket—after that they closed on to Mr. Melville and another—Legge was in front of me—I saw Taylor pass a handkerchief to Neenan; Neenan caught it—I caught him, and he threw it to the ground—I stooped to pick it up, and Neenan caught it to throw it over the wall of the bridge—I pulled him down with my right hand, by the collar of his jacket—he said, "I have nothing to do with it; let me go"—two gentlemen then came up, and one of them said, "This man has nothing to do with it, let him go"—I told them I was an officer, I knew what I was about—Neenan said, "You b—r, if you don't let me go I will kick you to pieces"—one of the gentlemen said, "That is right"—one of them then caught me by the left arm, and said, Why don't you let the man go? they have got the thief yonder"—I turned to speak to him, to beg him not to interfere, and I received from Neenan a violent blow on my lip, which cut my lip open—I defended myself as well as I could—he struck and kicked me several times but did not hurt me—he then caught me by the waist, threw me down, and fell on me—my head fell on the kerb and was cut open—we were then on our legs, struggling together for I should say a minute, and that is the last I recollect—whether I fell again from his striking me, or from loss of blood, I could not say—my impression is that he threw me—I felt a great deal of pain in my right shoulder for several days—I remember being raised from the ground by the other officer—I was taken to the hospital, and have since been attended by Mr. Child—I have not the least doubt that Neenan is the man.
Cross-examined Q. Had you seen him before? A. I had seen him once, about three months before—I was with the other officer from the commencement till he left me with Taylor—the next time I saw Neenan he in custody.
JOHN DELANEY (policeman, M 33). I apprehended Neenan on the morning of 19th July—he was in a common lodging-house in Mint-street, Borough—I went in, and said to him, Dicky, I want you, for being concerned, with another in custody, for robbing a gentleman of his handkerchief last night, and assaulting a City officer"—he said, "I will go with you; I know nothing about it"—I had known him for years before—I saw him on the evening of 18th July, at very near 8 o'clock—he and Taylor were together at the Regatta at Bank-side; they were going towards London-bridge—he had a strong cord jacket and trowsers, and a cloth cap—I knew Taylor.
Cross-examined. Q. Where did you see them? A. Between Blackfriars and Southwark-bridge—Neenan did not say he had not been on London-bridge—I took him to the station in Seething-lane, and Knight was sent for, and identified him.
NEENAN— GUILTY . † Aged 22.— Transported for Seven Years.
JAMES BRETT (City policeman). On the evening of 7th July I was in Arthur-street, about half-past 8 o'clock—I saw the three prisoners in conversation—I followed them over London-bridge to the Surrey side, where they again stopped and conversed—they then returned to the middle of the bridge—Mr. Pickering passed them—Carter went behind him, and took a handkerchief out of his coat pocket—the other two prisoners were walking close behind, screening him—Carter stopped, looked at the handkerchief, and put it into the flap of his trowsers; Hall and Bennett walked by the prosecutor for a few paces; they then turned, and the three prisoners walked together to the Surrey side—I went to the prosecutor, and got his name and address—I then went over the bridge, and met the prisoners again—I continued to watch them till I got the assistance of another officer—Carter went behind another gentleman, and Hall and Bennett still remained close behind him—we went and took them all three—I handed Bennett to the other officer—when I took Carter, he said, "What areyoutaking me for?"—I said, For picking pockets"—he said, "I have not been picking pockets; I have just come from Greenwich, from my sister's; I never saw these men before"—while taking them to the station I saw Bennett throw down this handkerchief—a gentleman picked it up and gave it to me—I took the prisoners to the station, searched them, and found on Carter a sixpence, on Bennett this other handkerchief, and Hall had this one round his neck.
Bennett. Q. Did you pick up the handkerchief I dropped? A. A gentleman picked it up—I was close by your side—I was not in advance of you—you were close behind Carter, so that no person could see what he was doing.
Carter. Q. Where did you first see me? A. In Arthur-street—when I saw you take the handkerchief I was not on the same side—there were vehicles on London-bridge—I saw you take another handkerchief from another gentleman's pocket, and then I took you.
GUY RICHARD PICKERING . I am clerk to Mr. Royston, in Old Broad-street. I was on London-bridge on 7th July—I had a handkerchief in my pocket ten minutes before—I did not feel anything—the officer spoke to me—this is my handkerchief.
Hall. The handkerchief the officer took from me was my own; I wore it on my neck.
Bennett's Defence. I never saw Hall or Carter before; the handkerchief taken from me is my own; I have tried to get an honest character by working on London-bridge; I had carried a package, and was coming back, and was taken by the officer; I never resisted, nor did he tell me what it was for.
Carter's Defence. If the officer was on the other side of the way, it is impossible that he could see me, if I did such a thing; but I did not; I always work hard for my living.
HALL— NOT GUILTY .
CARTER— GUILTY . Aged 21.— Confined Four Months.
(Bennett was further charged with having been before convicted.) WILLIAM HITCHCOCK. I produce a copy of Bennett's conviction, from Mr. Clark's office—(read—Central Criminal Court—John Dickens convicted, on his own confession, Oct., 1848, of stealing 23 yards of silk, and confined six months)—I was present—the prisoner is the person—I was here at the March Sessions, to prove the same conviction against him, but he was then acquitted.
Aged 23. **— Transported for Seven Years.
ELIZABETH MARKS . I am the wife of John Isaac Marks, of 140, High Holborn. Early in the morning of 21st July I was awoke out of my sleep by a noise—I got up, and left my room—a man was coming in at the staircase window—he was in the act of descending from the window sill—I asked him what he wanted there—he said he was shut out—I alarmed my sons and the persons on the third floor—I then went down, and found the prisoner in custody—the window was not fastened inside—it is nearly six feet from the stairs, but outside it is very easy to get in—I am able to swear to the prisoner being the person—I did not see his face, I could swear to his voice.
RALPH CRIFFIELD (policeman, F 115). I was called to Mr. Marks's house; I searched the leads at the back—I got into another yard, and found the prisoner in the water-closet, concealed—he could get from the window sill to the cistern, and down to the other water closet—there was a sieve on the top of the water closet—I asked him what he wanted; he said he did not know—he was perfectly sober—I found on him a knife, a tobacco box, and a penny—there were some lucifers down the water closet where he was—I found one lucifer match of the same sort inside the window—I traced footsteps from the window to the spot where I. took him.
Prisoner. Q. Was I not asleep? A. No; you said you were intoxicated, and you did not know how you got there.
Prisoner's Defence. On that afternoon I was going down Oxford-street, and went into a public-house with some friends; I had some drink, and did not know what I was about; I do not know how I got there; I am a carriage painter.
GUILTY .** Aged 18.— Confined Twelve Months.
OLD COURT.—Tuesday, August 16th, 1853.
PRESENT—Mr. Ald. MOON; Sir ROBERT WALTER CARDEN, Knt., Ald.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Third Jury.
GUILTY . Aged 23.— Confined Six Months.
GUILTY . Aged 48.— Confined Three Months.
GUILTY . Aged 34. (The prisoner received an excellent character.)
Confined Three Months.
MR. PARRY conducted the Prosecution.
ROBSRT MASLEN . I am in the employment of Messrs. Gayton, of Trowbridge. On Saturday, 30th July, I packed 193 cheeses for our London house in Tooley-street—there were marks on them, by which I should know them again (looking at three cheeses produced by the policeman)—these are three of the cheeses that I packed—we sent them by the Great Western Railway from the Trowbridge station.
Cross-examined by MR. COOPER. Q. How do you know these cheeses? A. By the mark "B I"—I should know the cheeses without the mark; I loaded them, and put the mark on them—I cannot say exactly that I should know them without the mark—it is a common thing to put initials on cheeses—"B" is not my master's initial.
MR. PARRY. Q. Are you quite certain those are the cheeses you marked? A. Yes; I have the brand here with which I marked them.
CHARLES CRABB . I am a cooper, and reside at Yarcombe, in Devonshire, eight miles from Axminster. I am in the habit of daily packing some firkins of butter for Mr. Chappel, of Axminster—about 30th July I packed eleven firkins, consigned to Mr. Ewans, of Arthur-street, London-bridge, numbered from 32 to 42 consecutively—they were all marked with K" in a diamond—(looking at two firkins) these are two of them, they are Nos. 32 and 38; they are marked "K" in a diamond; one contains 62 lbs. of butter, and the other 68 lbs.—they are worth full 5l.
Cross-examined. Q. Did you send any other firkins up that day to anybody else? A. I did, by the same conveyance, perhaps forty; they were also numbered—they were not marked similar to these; they were marked with a race iron—we have different marks for different masters—I marked them all myself.
MR. PARRY. Q. Those sent to Mr. Chappell were specially marked? A. Yes; I have the brand here that I stamped them with.
WILLIAM BERRY . I am a porter, in the service of the Great Western Railway Company. On Sunday morning, 31st July, I received, at Paddington, eleven firkins of butter, marked "K" in a diamond, and numbered—I did not particularly notice the numbers, I counted eleven marks—Nos. 32 and 38 were afterwards missed—I left the station about the middle of the day on Sunday—the firkins were then all safe on the platform, ready for delivery to the carriers in London—I returned about 2 o'clock on Monday morning, and when we came to load the firkins we missed two—I delivered the remaining nine to Pickford's van—I reported the loss—I believed the two firkins produced to be two of those which I counted that morning.
Cross-examined. Q. Were the firkins piled up on the platform? A. Yes, on that portion belonging to Messrs. Pick-ford, where all their goods are put—other persons could get to them.
WILLIAM JONES . I am a porter, in the service of Messrs. Pick-ford. On the morning of 1st Aug. I had to load eleven firkins of butter, I could only find nine—they were delivered to Messrs. Pickford's van.
WILLIAM CROSSLEY , I am clerk and manager to Mr. Ewan, of No. 6, Arthur-street West, commission butter and cheese agent. On Monday, 1st Aug., nine firkins of butter were brought to us—on Tuesday morning we received advice that eleven ought to have been delivered—I have the letter I received; the numbers are mentioned here as being from 32 to 42—we have never received 32 or 38—the mark on the firkins is also mentioned in the letter of advice, "K" in a diamond; and also the initials or name of the maker of the firkins
JOSEPH ALEXANDER . I am a porter, in the service of the Railway Company. I remember on Sunday morning, 31st July, unloading some cheeses—I unloaded 193—they were from Trowbridge; I counted them all myself, and am quite certain there were 193—they were marked "B 1"—I believe these to be three of them, they are marked the same—I left my work about 1 o'clock in the day on the Sunday—the cheeses were then placed on the platform, in the usual place, ready to be given to the carts of the carriers—I am certain that I left them there safe when I went away—I returned to my work about 2 o'clock on Monday morning—I did not then miss anything—about 5 o'clock I was loading the cheeses into Bloomfield's van; they were to go by that—I then missed three cheeses—I searched everywhere, and could not find them—I immediately reported the loss—I saw Red-grave at the station that morning about 4 o'clock; he was loading fruit for Covent-garden—he would have no right to take these cheeses away—he had the opportunity of doing so if he had thought proper.
Cross-examined. Q. I suppose all the carriers that came there came up to the station? A. All of them, and other persons to assist in loading, any one—there might be from thirty to forty persons there—they all had an opportunity of going to the platform.
THOMAS LIDDELL . I am in the service of Mr. Gayton, a cheese-factor, of Tooley-street. On 1st Aug. I expected to receive 193 cheeses from our farm in the country—the foreman received the letter of advice—I only received 190, three were missing—Mr. Bloomfield's man gave one of the cheeses to Allan—all the 190 that I received were marked, "B 1;" these three are marked in that way, they are Wiltshire cheeses, they are worth about 63s. a cwt.; these three weigh about three-quarters of a cwt.
Company. I received a cheese from Bloomfield's man—this is it (producing one)—I have compared it with these three, and it exactly corresponds.
JOHN FARMER . I am partly foreman and porter to Mr. Young-husband, at the Paddington Station; he is carrier and agent to the Great Western Railway Company—we get the goods together for the men to get them away; the prisoners were in Mr. Young-husband's employment, as porters or van drivers—I saw them on the morning of Monday, 1st Aug., at the Paddington Station, about a quarter past 2 o'clock—Red-grave was loading some fruit to take to Covent-garden and Farringdon markets, and Gooderich was loading meat to take to Newgate market—they had nothing to do with Thames-street that morning, and had no right to take the cheeses or firkins—the last time I saw them was about half past 3 o'clock—I then told them that was all they had to do, and they went away.
Cross-examined. Q. You saw them go off? A. Yes; we were running the goods to their vans, and they were loading them—I did not see them take any cheeses—I saw none when they went away—I have been in Mr. Young-husband's service six years, Gooderich has not been there all that time—I never heard any wrong of him.
THOMAS MIDDLETON . (City-policeman, 452), I was on duty in Thames-street, on Monday, 1st Aug. about 7 o'clock, and saw a cart belonging to Mr. Young-husband, with the two prisoners in it, and something in the hinder part of the cart covered over—they stopped at the Feathers public house, in High Timber-street; both the prisoners went in there—they came out again, and Gooderich undid the tailboard of the cart quickly, and Red-grave took out a cask, it was one of these firkins—he took it into the Feathers, followed by Gooderich, with a sack, which I afterwards ascertained contained three cheeses—I then spoke to Gooderich—he was in the cart at the time, I stood behind the cart and saw there another firkin partly covered over—I asked him what that was; he said, "Lard"—I then asked what that was that he had taken into the public house—he said that was also lard—I then examined the cask that was in the cart, seeing that there was no direction upon it, I asked him where he was going to take it—he said to a shop the name he did not know, but he should have it in the course of the day—I then asked him whether he had any invoice or waybill, or book; he said no, he had not—I then told him that it was not at all satisfactory to me, and I should take him into custody; he said, "You will take the other one with you," meaning Red-grave—I said, "I shall take you both"—I went into the public house, and saw Red-grave standing against the taproom door; I told him I should take him into custody—he said, "I know nothing about it"—when I took Gooderich he begged hard of me not to take him; he said, "For God's sake don't do so, you don't mean that," or something to that effect; "if you don't I will make it up to you"—as we were going to the station he said he had met a man in Oxford-street, near New Bond-street, with a light horse and cart, that the man had asked him to bring these things down into High Timber-street, to a public house, and if he did so he would give him a drop of beer for it—I found on Red-grave, 1l. 1s. 8d., and on Gooderich, 11s. 2d., and a book on each belonging to Mr. Young-husband—I have produced the two firkins, and the three cheeses—I found one firkin and the cheeses in a little back yard, five or six yards from the front door.
Cross-examined. Q. What kind of public house was this? A. A very old fashioned public house; it is frequented by people belonging to the water side—this was about a quarter to 7 o'clock; it was quite light—there were not many persons about at that time.
MR. PARRY. Q. Who did you see in the public-house? A. I saw the landlady.
The statements of the prisoners before the Magistrate were read, as follows:—"Red-grave says: 'John Farmer loaded me with fruit, and he said that was all; he then gave me the note, Sir; I drived the van from the platform up towards the end of the shed; it was raining fast; I then covered the tarpaulin over the fruit I had in the van; I left the station from ten minutes to a quarter of an hour before the other van; I went then from the station up to the stable; I never saw the things till I saw them in the City; Gooderich told me he was going to Billingsgate for some ice and some salmon for Mr. Young-husband; he asked me if I would go with him; he had three articles to leave at a public house in Thames-street, that a man had given to him in Oxford-street to leave at this public house for him to call for, and I went along with him to this public house, when the officer came up. 'Gooderich says: 'I loaded with meat on Monday morning, and I was waiting for two hampers, which John Farmer and George Whittle were looking for; Red-grave then drawed his van away; he then asked for the other van, of the name of Underwood; I called Underwood down to him, and told him that Joseph Red-grave wanted him; he came to Redgrave, and Redgrave brought down a firkin of butter, and also Underwood; Redgrave then went away to his van, then Underwood came to me and asked me to get three cheeses; I did so; then George Whittle and John Farmer brought the hamper of meat to me, and told me that was all; I then went on to Hyde-park Corner, where I stopped to get a cup of coffee at a stall where Redgrave was; he told me that he had looked all round and could not see anything else; I then went on to Newgate-market, and went to Leadenhall-market; on returning, when I got into the Old Bailey, I was then asked if I had not got two firkins of butter and three cheeses by a man close by the cab stand, which he had instructions about, to watch the meat vans from market; I said "Yes," but I did not know they were for him; I asked him what he was going to do with them; he then said he wanted me to take them to the Feathers public house, in Broken-wharf; I told him I was going for some ice and some salmon for the governor, and I would take them where I went to get them; I shifted the things into a cart, and Redgrave and Underwood helped me; I then said to Redgrave, "You may as well come down with me;" Underwood said, "I will go if you like; if you will go and unload my cheeses, I will go with them;" and Redgrave did go, and helped to carry the things in, when I met the officer.'"
THOMAS MIDDLETON re-examined. I believe Underwood was a person in the employment of the Great Western Railway Company at the time—I have made every effort to find him up to last night, but have not succeeded.
REDGRAVE— GUILTY . Aged 35
GOODERICH— GUILTY . Aged 21.
Confined Six Months
MR. RYLAND conducted the Prosecution.
JOHN HUDSON (policeman, B 80). On Tuesday, 28th June, about half-past 2 o'clock in the morning, I met the prisoner and two others, who I knew, in Queen-street, Pimlico—they were loitering about on the footway—another
constable, who is not here, came out of one of the adjoining streets, and the prisoner and the other two came up to where I was standing—one of them asked a man who was standing there if he could tell them where they could get some coffee; the man said it was too early—they went on past Belgrave-place and over Elizabeth-bridge; I followed, and kept them in sight—when they got over the bridge they separated, and the prisoner turned into Ecclestone-square—I went up to the other two and searched them, which they did not resist, but I was obliged to let them go for want of assistance—I was not in uniform—I went after the prisoner, and when he was just at the corner of the square, I saw him take this cup (produced) from his right hand coat pocket and drop it into the enclosure of the square; he then hurried away as quick as he could—I called him by name, but he would not stop—I pursued him, overtook him, and asked him where he had been; he said he had been up Chelsea, with some friends—I asked him what he had in his pockets; he at first said, "Nothing"—I searched him, and found this instrument (produced) in his pocket; it looks like a dagger made into a screw-driver; it might be used to prise anything open—I also found on him these two knives, broken short—he first said he received them from a man at No. 17, George-street, Pimlico—I asked him the man's name; he said he did not know, nor yet what part of the house he lived in—I took him into custody, and went to No. 17, George-street, but he was not known there—he afterwards said that this weapon belonged to his father, who lived in Gardner's-lane, King-street, Westminster—I did not inquire there—I afterwards went to where I saw him put the cup, and found it there—I afterwards went to Mr. Robbins, and found seven distinct marks on the shutters—I fitted this instrument to them, the marks corresponded with it—failing in forcing open the shutters, they had broken the hinges away from the window-frame—the hasp of the window might be opened with this knife; I tried it myself, and opened it.
Cross-examined by MR. LAWRENCE. Q. When you took the prisoner, did you say anything about the cup? A. No; the charge I made had nothing to do with the cup, that was an afterthought—I was not on any beat at all—Ecclestone-square is in a direction between Charing Cross and Chelsea.
HENRY ROBBINS . I keep the Earl Grey public house, at Stanley-bridge, Fulham. This cup is my property; I lost two, but this is the only one found—on Tuesday, 27th June, about half-past 11 o'clock at night, I saw the two drinking-cups safe—I was disturbed about 2 o'clock in the morning by a policeman, and found the shutters wrenched off the sitting-room window, and the window thrown up so that anybody could get in—I missed a cap and the two drinking-cups—the window was quite safe overnight—I have seen the prisoner about the neighbourhood several times, and in my taproom—there were marks under the shutters which exactly corresponded with this instrument—the window fastened with a catch and a little drop-fastening—a penknife put in would remove the catch; the knife produced would do it very well—my house is in the parish of Fulham.
Cross-examined. Q. Did you shut the window yourself the night before? A. Yes
GUILTY .*† Aged 26.— Transported for Seven Years.
DANIEL PICK WHATLEY . I am a waiter, at the Gresham Club. On Friday night, 1st July, about 12 o'clock, I was on Holborn-hill—the prisoners came up to me, and I went with them into a public house to have something to drink together—while we were at the bar I felt a slight tug at my guard,
which was round my neck, and saw Burke rush out at the side door—I put my hand to my waistcoat pocket and found that my watch was gone—Hill remained, she did not move—it was an Indian-rubber guard; I found it was cut—I have not seen my watch since.
JAMES NICHOLLS . I am porter at Bacon's Hotel, Queen-street, Lincoln's Inn-fields. I was with Whatley, ray brother-in-law; the prisoners spoke to us on Holborn-hill, and we went into a public-house about a quarter to 12 o'clock—I went out, leaving Whatley and the prisoners in the house—as I stood in the middle of the street I saw Burke rush out at the side door—she went over to the corner of a court not far off, and was in the act of stooping, and putting something into her pocket—I missed her, and then saw Whatley coming out of the public-house, detaining Hill.
(Burke handed a paper to the Court, stating that the prosecutor and Nicholls were so drunk that they offered the prisoners a penny each to help them up Holborn-hill, and that Nicholls stated before the Magistrate that it was Hill who ran out of the public-house.)
JAMES NICHOLLS re-examined. This is my signature to this deposition—I do not know whether it was read over to me or not—I did not read it over myself—(the deposition stated, "I saw Hill coming out, running as fast as she could ")—it was Burke who ran out.
NOT GUILTY .
855. FREDERICK MOSS , stealing 1 handkerchief, value 1s.; the goods of Frederick Mansfield, from his person; also, 1 handkerchief, value 1s., of Thomas Goodman, from his person: to both which he pleaded
GUILTY . Aged 15— Confined Six Months ,
(He received a good character, and his master engaged to employ him again.)
MR. RIBTON conducted the Prosecution.
JOHN ELLIOTT . I have been two years and a half in the prisoner's service, on and off. On 2nd Aug. I went home with him to Pimlico in the horse and cart; we had stopped on the road, and got home about 8 o'clock—I went to the stable for a quarter of an hour, and took the harness off the pony; I then came out, and met Mr. Lacey, as if he was coming into the stable—he was talking to Hillier—he told me to go and put the cart in; I was going to do so, and he began to call me a lazy vagabond; I said I was not, and he told me to go away from his place—I went away, and sat with Hillier on the bank in front of the garden, about six yards from the palings—while we were sitting there, the prisoner came out of the garden two or three times, and wanted me to go in; I told him I would not go in till he was in a better temper—I had been sitting there some time, and he came to the gate—I did not see anything in his hand; but he stepped back a step or two, and fired; the shots came into me like a lot of stinging-nettles, and knocked me down the bank; and as I was rolling down I saw the flash of the gun—I found my neck was all blood—Hillier was struck too; he ran down the road, and I after him—I gave information to the police.
Cross-examined by 33nd the prisoner took me from there—he has something to do with the parish—he has a bad temper sometimes, and used to blow me
up—I was afraid to go in that night—I have heard him say that he has been in the Navy; and I have heard that he has a tin plate in his head, but I have not seen it—I had got into a scrape a fortnight or so before, about some osier grass, and the prisoner bailed me out of prison, and became security for me till the Monday, when I was discharged; he did all he could to help me—he sometimes keeps his gun loaded—he had not been treating me too much on this occasion; he only gave me 2d. to get a pint of beer before we came home—he stopped twice on the road, but I do not know what he had been drinking.
THOMAS HILLYER . I live at Landsend, Fulham. On 2nd Aug. I was sitting on the bank with Elliott—I saw the prisoner come out of his house; he told Elliott to go in; he said he would not till his tern per got better—I did not see the prisoner do anything with a gun—I and Elliott were struck with some shots—I did not see any flash as I was sitting perpendicular, but I heard the shot of a gun—I was wounded, and went away for the police.
Cross-examined. Q. The prisoner has been kind to you? A. Yes; he did not take me from the workhouse—I had been drinking in the forepart of the day—he had not been treating me, I paid for it myself—he has treated me on two occasions; he has taken me out, and behaved kindly to me—by sitting perpendicular to him, I mean with my back towards him.
WILLIAM ALLDWAY (police sergeant, V 34). On Tuesday night, 2nd Aug., between 11 and 12 o'clock, I went with sergeant Gosling to the prisoner's house—I saw him in the garden, and said, "Is that Mr. Lacey?"—he said, "Yes," and came up to the gate—I said, "We want you for shooting two men;" he said, "Two? are they hurt?"—I said, "Yes; one is your servant"—I asked him to open the gate—after a while he opened it, and we went in and asked him where the gun was; he said, "In the house"—we went into the house, and saw the gun in a corner of the room—it had the appearance of having been recently discharged—I found a canister of powder and a canister of shot—the prisoner said, "Is it serious?"—Gosling answered, "I do not think it is"—after we had got a short distance from the house, he said the gun went off by accident; he intended to have shot over their heads—after he had gone some distance he asked again if it was serious, and he was again told that we did not think it was—previous to getting to the station, he said, "I hope it is not serious; I do not care if it is;" and afterwards he said, "She is a good old piece, she never misses fire"—after the charge was read over, the prisoner said, "I shot at them to separate them"—I went to the fence next morning—the place was pointed out to me where they were sitting—I found the tops of the palings splintered with shots in various places, and the top of a young laburnum tree was shattered to pieces by shots—it is about six yards from the fence to where the men were sitting—the shots had come in a slanting direction.
Cross-examined. Q. Was he sober when he was with you? A. It was my impression that he had been drinking, and I have no doubt he had been—he mumbled a good deal about the cab strike, about the Government, and various things—he complained of Mr. Fitzroy a good deal.
JOHN DENNY . I am a surgeon, living at Walham-green. I examined Elliott, and found several gunshot wounds on his head, neck, shoulder, and back—on entering, the shot had gone from right to left; I extracted some of them, and some I could not extract—I examined Hillyer—one of the shots had grazed his leg, and another had entered his head—when he took off his jacket, several shots fell from it.
(The prisoner's statement before the Magistrate was here read, as follows:—
"The gun went off, while it was in my hand, by accident; I really never contemplated doing any injury to either of the men, as God is my judge! John Lacey. ")
(The prisoner received an excellent character.)
NOT GUILTY .
(MR. RIBTON offered no evidence.)
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
EDWARD HARDING (City police sergeant). On Friday, 1st July, about a quarter before 3 o'clock, I was at Smithfield horse market, and saw the prisoner come into the market—Mr. Nice, the inspector, called my attention to a horse which the prisoner led into the market—I looked at it, and saw a discharge from one of the nostrils, the off nostril, I believe, and the glands under the jaw were swollen—it was pretty visible to anybody that came into the market—I took the prisoner and the horse to the station—Mr. Nice went with me, examined the horse, and pronounced it to be glandered—coming out of the market, I asked the prisoner who the horse belonged to; he said, "It belongs to me"—at the station he said it belonged to Mr. Henry Lee, of Cheneys-mews, a cab proprietor, who directed him to bring it there for sale.
JOSIAH NICE . I am inspector of cattle and horses at Smithfield market. I was in the market on 1st July, and saw the prisoner with a horse, which attracted my attention, by the enlarged state of the glands; I examined it more carefully out of the market, and found that it was in a state of glanders—the membrane was lacerated, and the gland under the jaw was enlarged—that is a disease which is contagious to animals and to the human species, by proximity—it was plainly to be seen by anybody that knew anything about horses—it is very dangerous to have an animal going about in that state.
THOMAS PEARSON . I am one of the clerks of the City Solicitor. I have been endeavouring to find Henry Lee, described by the prisoner—I found that such a person was living in that place, but left immediately the prisoner was taken—I have got no clue to him—the information I got was that he was driving a cab about the streets, but they did not know where he was to be found.
Prisoner's Defence. I did not know that there was anything the matter with the horse till I got to the market.
NOT GUILTY .
JOHN STOREY (City policeman). On Sunday afternoon, 7th Aug., about a quarter past 4 o'clock, I was on a City steamboat, and saw the prisoner there—I saw him put his hand into a lady's pocket, and take something out—I laid hold of his hand as he was putting it to his coat pocket behind, and he dropped this purse (produced)—I asked him what he had got—he said, "Nothing"—I went and spoke to the lady—the prisoner begged me to let him go, and said, if I did, he would not do it again—I found 4d. on him.
Cross-examined by MR. O'BRIEN. Q. Were you in uniform? A. No; I was not a yard from the lady—there was no one between me and the prisoner;
I did not see him stoop down at all—I had a job to get his hand out of his pocket, and then I found he had dropped the purse—there was three halfpence and a farthing in it—there were a great many people going to the steamboats—this happened on the pier.
SUSANNAH MIERS . I am single, and am in service in Grosvenor-place. On 7th Aug. I was on London-bridge Pier—I had this purse with me; it is mine, and was safe ten minutes or a quarter of an hour before the policeman showed it to me; it contained three halfpence and a farthing—I had not missed it.
Cross-examined. Q. Had you anything else in that pocket? A. Nothing but my handkerchief—I was waiting to get into another steamboat, to go to Woolwich
GUILTY . Aged 17.— Confined Four Months.
GUILTY .** Aged 16.— Confined Twelve Months.
DANIEL MAY (City policeman, 14). On the evening of 10th Aug. I saw the prisoners on the Cadogan-pier, Chelsea—they placed themselves by the side of Jane Bell, who was standing on the pier—Meikle put his hand into her pocket, and Myers was close by his side, looking at him—she then moved on, and they followed her—Meikle again put his hand into her pocket, and drew it out—I caught hold of him, and he dropped a penny from his hand—Myers was holding his coat tails out, and looking over Meikle—I picked up the penny, and took the prisoners—Myers said, "What do you want of me? I don't know the boy; I never saw him before"—I had said nothing to him—I had watched them in conversation for the last three hours, and when the boat was coming from Chelsea to Putney some person called out to Myers, and be said, "They want us to go ashore at Hammersmith-bridge"—I searched Myers, and found in various pockets 1l. 13s. 6d.; he gave his address, "No. 14, Mint-street, Borough"—I went there; there are two Nos. 14, but I could find no such person.
Cross-examined by MR. O'BRIEN. Q. Was his address taken down in writing? A. Yes, by the sergeant—this (produced) is a copy of it, in the sergeant's writing—there was a match on this day from Putney to Mortlake—I started at 4 o'clock, and saw the prisoners at various places; I never lost sight of them for more than four or five minutes—I was on the same boat with them—they went off at Putney, and I went off; they went away in the Waverley, and so did I—hundreds of people got out at Putney; the match started from there—the prosecutrix's husband was there—before I searched Myers he told me he had money, I think he first said he had 32s., and afterwards he said 33s.—I did not ask him how he came by it, nor did he give me any account of it—I have got the money now at home, but I have the amount here; it was all silver—at the time he said "I have nothing to do with the boy," I had the boy in custody—I had not told the boy what I took him for—I called out to the woman that her pocket was picked, in the prisoner's hearing.
JANE BELL . I am the wife of Robert Bell. I went on board a steamboat to see the match—when I was on Cadogan-pier, coming off the boat, I felt something, and said to the boy, "Do not press so"—there were a great many people—May called to me, and said that something was taken from my pocket—I felt in my pocket, and missed 1d., which I had just got in change when I got my ticket.
Cross-examined. Q. What did you change? A. A fourpenny bit, only a few minutes before, and the ticket was 3d.—that was the only penny I had—I found my handkerchief out of my pocket.
MYERS— GUILTY . * † Aged 21 .— Confined Twelve Months.
HENRY HILL . I live in Castle-court, Fulwood's-rents. On the afternoon of 26th July I was on Tower-wharf, looking at the boat race—when the boats were near there was a rush from behind, and I felt a pull at my watch guard—I saw the prisoner withdrawing his hand from my right hand waistcoat pocket, where my watch was, and saw my guard loose—I laid hold of him by the collar, and charged him with taking my watch—he insisted that he had not got it, and desired to be searched—I took him out of the crowd; he tried to wrench from me—I beckoned to an officer, and gave him in charge—it was a hunting watch, with a figure of Napoleon on one side—I have the maker's receipt for it—I did not see my watch or guard in the prisoner's hand—the chain remained round my neck, but the swivel was not broken; there was no ring—I am told that they have some kind of a machine to cut the ring of the watch with.
Cross-examined by MR. COOPER. Q. This was just at the time the boats were coming, and when people were rushing in all directions? A. Yes
DAVID PARSONS THOMAS (policeman, H 97). The prisoner was brought to me by Hill, who gave him in my charge, and told him the charge—he said he had not done it, and requested to be searched—I took him to the station, searched him, and found nothing on him.
Cross-examined. Q. He went very willingly? A. Yes; he told me who and what he was
NOT GUILTY .
(The prisoner received a good character.)
RALPH WILLIAM SMITH . I am a cab driver. Between 3 and 4 o'clock, on the morning of 13th July, I was in Whitefriars-street—the prisoner asked me to give her something to drink, and I went into a public house with her—I had over 1l. worth of silver loose in my right hand trowsers pocket, consisting of three half-crowns, a 2s. piece, and the rest in shillings—the prisoner wanted me to go home with her—I would not do so; I was close to my own home—we left the public house, and I missed my money in the street—I charged her with taking it—she denied it, and said she had no money about her—I gave her in custody—there was nobody else near me.
Prisoner. Q. Did not you give me 1s.? A. No, I gave you no money—you were in liquor.
ELIZABETH JOYCE . I am female searcher at Fleet-street station. I searched the prisoner there, and found in the pocket of her dress three half-crowns, a 2s. piece, 10s. in silver, and 6d. in a piece of rag in the pocket of her petticoat—she said the money was her own—she was in liquor.
Prisoner's Defence. I got 10s. from a gentleman, at a quarter past 9 o'clock.
GUILTY .** Aged 33.— Confined Twelve Months.
NEW COURT. Tuesday, August 16th, 1853.
PRESENT—Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. Ald. CUBITT; Mr. Ald. MUGGERIDGE; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Sixth Jury.
GUILTY . Aged 28.— Confined Twelve Months.
GUILTY . Aged 20.— Confined Six Months.
GUILTY . Aged 23.— Confined Six Months.
GUILTY . Aged 39.— Transported for Seven Years.
GUILTY . Aged 38.— Transported for Seven Years.
GUILTY. Aged 8.— Judgment respited.
EMMA DURANT pleaded GUILTY . Aged 19.
WILLIAM DURANT pleaded GUILTY . Aged 25
Confined six months
MESSRS. BODKIN and ELLIS conducted the Prosecution.
HENRY JACKSON (police Sergeant, H 11). On 1st July I went to No. 32, King Edward-street, Mile-end New-town—I went to the top room—the door was open—the prisoner was standing by the side of the fireplace—when I entered he threw something white from his right hand, and stamped on it—I took him into custody with the assistance of Groves—I picked up what the prisoner threw down—I found it was a half crown, very hot, and some pieces of the mould—I found twelve bad half crowns on the hearth, in front of the fire—there was a brisk fire, on which was a ladle with some melted metal in it—I searched the other parts of the room—I found some ladles, this bottle of liquid, some sand, a galvanic battery, and a file—I searched the prisoner, and found a bad half crown in his waistcoat pocket, in a finished state—there were some holes in the floor—I broke one up—the prisoner said, "It is no use your breaking the boards up, you will find nothing else"—I have known the prisoner some time—he used to live in George-street, but he then lived in that room—Mr. Phillips keeps the house.
Prisoner. Q. When you came up stairs, where did you find me standing? A. On the right side of the fireplace—I told the other officer to secure you, and not to let you stir from the corner of the room—there is some white on the boot you had on—this is it (produced).
occupied the room which the officers searched—he paid the rent of the room—his wife lived with him; they paid 2s. a week.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. This part of a mould is the reverse side of a half crown, and this half crown was cast in it—it is not quite finished—this other one, found in the prisoner's pocket, is finished—it was cast in this same mould—these other eleven half crowns are all counterfeit, and from the same mould—here is everything here for coining; sand, blue-stone, and part of a galvanic battery used to plate the coins—this bottle contains blue-stone in a liquid state; some ladles and a file, which has filed some white metal, and here is some white metal and plaster of Paris on this shoe—here is part of a get—a brisk fire is necessary for this purpose.
Prisoner to HENRY GROVES. Q. When you ascended the stairs, was the room door open? A. I believe it was on the jar—the other officer was in the room first, I followed him in; you were standing near the fireplace—I think I heard a noise when I was on the top stair—when the other officer handed you to me, I took you to the other side of the room—he took up a half crown that was mixed with a portion of plaster of Paris on the hearth—he put it in my hand, and said, "Is that warm?"—I said it was
Prisoner's Defence, The room does not belong to me; I had been in it two or three times a week; I had not been in it five minutes that day; there is no fastening to the door.
GUILTY .† Aged 27.— Transported for Ten Years.
SULLIVAN— NOT GUILTY .
CONNER pleaded GUILTY . Aged 24.— Confined Six Months.
MESSRS. BODKIN and ELLIS conducted the Prosecution.
SARAH HARMAN . I am niece to Mr. Laurie, who keeps the Bell and Crown. On 27th June the prisoner came, about half past 6 o'clock in the evening, and asked for half a pint of beer—he gave me a bad shilling—I called the potman, and he bent it with his teeth—the prisoner was told it was bad, and he said a gentleman gave it him for carrying a carpet bag—a policeman was called, and the prisoner was given into custody—the shilling was given to the policeman.
Prisoner. I never saw the witness in my life.
GEORGE EVANS . I am potman at the Bell and Crown. The last witness gave me a shilling—I tried it, and found it was bad—I asked the prisoner how he came by it—he said a gentleman gave it him for carrying a parcel from the railroad—he was given into custody.
JOHN COOLEY (policeman, N 110). The prisoner was given into my custody—I produce this shilling—the prisoner gave his address in Flower and Dean-street, and said his name was Henry Ogleby—I went there and could find no such person—he was taken before the Magistrate, and was discharged, there being no other charge against him.
8 o'clock in the evening, and the prisoner came for a London Journal—it came to a penny—he gave me a six-pence; I found it was bad, and gave it him back—he said he would go back and get another—he went and did not bring another.
ALFRED CURTIS . I am the master of the last witness. On 23rd July, the prisoner came and asked for a London Journal—he offered me a counterfeit shilling—I told him it was bad, he said he would go to his mother and get another—I asked him where be lived—he said in Dorset-street, but he did not know the number—I gave him into custody.
PETER WILLIAM DANNAWAY (policeman, H 123). I took the prisoner on 23rd July, at Mr. Curtis's shop—Mr. Curtis gave me this shilling—the prisoner said he lived in Dorset-street, with a Mrs. Grindell, I inquired and found no such person.
WILLIAM WEBSTER . These two shillings are both counterfeit Prisoner's Defence. The last shilling I offered to the woman she put behind the counter; she then put it into my hand, and the gentleman came and snatched it out of my hand, and gave me to the officer; it is my first offence; the first charge I know nothing about.
GUILTY . Aged 18.— Confined Twelve Months.
MESSRS. BODKIN arid ELLIS, Jun., conducted the Prosecution,
SOPHIA BELCHER . I am the sister of Mr. Miller, who keeps an eating-house at Kensington. On Wednesday, 6th July, the prisoner came and asked for some eatables, I do not remember what—he gave me a shilling, I gave him 6d. change, and put it in the till—I am quite certain there was no other shilling there—I afterwards saw Mrs. Miller take that shilling out of the till and look at it—she told me it was bad—that was about half an hour after I put it in the till—no one had been to the till from the time I put it in.
Prisoner. Q. When I gave you that shilling, did you not first take it to Mrs. Miller and ask her for change? A. No, I did not; I took the sixpence out of the till—I did not come back from the passage door and give you the sixpence which Mrs. Miller gave me; I took the sixpence out of another drawer, and put the shilling in the till—there are two drawers which join—I put the shilling in the till, and took the sixpence from the drawer.
HARRIET MILLER . On the evening of 6th July, I went to my till, and took a shilling out of it—it was bad—there was no other shilling there—I locked the shilling up in my cash box, and kept it separate for three or four days—I gave it afterwards to the policeman—I saw the prisoner that evening, and cut his meat—I then left and went down stairs—on 14th July, I saw the prisoner again—he asked for a bottle of ginger beer, he paid me with a bad sixpence—I cut it, and said, "This is bad, and this is not the first time you have been here; you gave me a bad shilling before"—he said, "I did not know it was bad"—he took the bad sixpence back, and paid for the ginger beer with a good sixpence—he gave me 5d. on account of the shilling, and he said if I would let him go he would bring me the rest of it—I let him go—a young man followed him, and gave him in charge.
ELIZABETH DULIEN . I am barmaid, at the Lad-brook Arms, Notting-hill. On 7th July, the prisoner came and asked for a glass of 4d. ale and 1d. worth of cheese—I served him—it came to 2d.—he gave me a shilling—I gave him change—I put the shilling in the till—there was no other shilling there—the prisoner left—I went to the till about ten minutes afterwards, and took out this shilling; it was the only shilling there—I sent it for some butter, and it
was returned to me—I found it was bad, and put it by itself—I afterwards gave it to the policeman.
Prisoner. Q. Had you no other shilling? A. Not in the till; a man did not come in for some rum, and give roe a shilling; he gave me a sixpence or a 4d. piece.
WILLIAM NEALE . I was at the Ladbrook Arms. The last witness sent me to fetch some butter—she gave me a shilling—I took it to Mr. Johnson's and found it was bad—I took it in my hand all the way to the shop, and it was in my sight the whole time I was in the shop—I brought it back in my hand, and gave it to the last witness.
Prisoner, Q. Did you give it to the man when you called for the butter? A. Yes; and directly he got it he told me it was bad, and gave it me back again.
CHARLES DYAS (policeman, T 65). I took the prisoner on 14th July; I told him it was for uttering a bad sixpence—Mr. Miller gave me this bad shilling—the prisoner said that the sixpence he passed was bad, and he broke it and threw it away—he gave his address in my presence at the station, "John Mews, Ledbury-road"—I went to his room—his wife was there; she said it was his room—there are but two rooms—they are over stables, and one room leads to the other—there is only one way of going to them—I searched the rooms, and found in the first room this shilling (produced) in a piece of paper on a picture frame.
Prisoner's Defence. On 14th July I went to Kensington to meet my brother, who was coming from Owsden, near Newmarket; I called at the prosecutrix's coffee shop, and asked if dinner was ready; she said it was not; I asked for a bottle of ginger beer, as I could not wait, in payment for which I gave her a sixpence; she said it was not good; I gave her another, which was the only one I had, which she said would do; she then stated that when I was there last, I had given her a bad shilling, which was on 4th July, when I had also been there; I admitted I had been there, but I was not aware I had given her a bad shilling, but if I had done so, I must have taken it in change in my business; she called a female, of whom she inquired if I was the party who had given her the bad shilling, and who stated that I was—I said if she was sure I was the person who gave it her, I would give her all the money I had in my possession, which was 5d.; she took it, and I said I would pay her the remainder if she would send any person with me to my house; she called two young men who started with me with the intention of going to my house, but on the road they gave me in charge; I went back to the shop, and the policeman searched roe there; there was nothing found upon me; she then gave the shilling, which she said I had given her on the 3rd of the month; she then said it was on the 6th she received it, but I was not there on either of those days, it was on the 4th I was there; the bad shilling found at ray lodging I took of one of my customers, but from which I cannot positively state, as I had more than a dozen different people to serve on the day on which it was taken; I did not discover it was had till I returned home, when I folded it in a piece of paper, and placed it on the picture frame; I have been in the Ladbrook Arms since once or twice, and the barmaid was there, but she never mentioned a word about the bad shilling to me, and has only done so since I have been taken, and full three weeks or a month had passed from the day on which she said she had taken it.
COURT to ELIZABETH DULIEN. Q. It was on 7th July the prisoner gave you this shilling; have you seen him at your house since? A. No.
GUILTY . Aged 41.— Confined Twelve Months.
NOT GUILTY .
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
CHARLES HEARD, JUN . I am barman at the Bryden Arras, Islington. I was there on the evening of 2nd July—the prisoner came to the bar, and asked for a glass of stout, which he paid for in copper—he then called for a quartern of port wine, and brought a bottle—I asked him if he would have the best; he said he would have that at 6d.; I served him—he tendered me a half-sovereign; I examined it, and broke it; I found it was bad—I said, "This is a bad one;" he said he got it over at the corner—my father came down stairs, and I told him—the prisoner took both the pieces of the half-sovereign in his hand; I asked him, and he would not give it me—I took one part from him—I cannot say what became of the other part; he said he got it from a young woman over at the corner, over the way—my father said, "Do you mean at the post-office?"—he said, "Yes"—he was taken to the station—I kept the piece of the half-sovereign in ray hand till I got to the station, and gave it to the sergeant Prisoner, Q. When I went, the landlady came in and served me? A. No, I served you myself—you asked me to go with you to the Post-office; I refused.
CHARLES HEARD . I keep the public-house. On 2nd July I was called into the bar, and found the prisoner, and some one holding him—my son told me he had passed a bad half-sovereign—I asked the prisoner where he got it from; he said, "Over the way, at the corner"—I said, "What at the post-office?"—he said, "Yes"—I looked across the bar, and the young woman from the post-office was there, being served—I said to her, "Miss Foster (which is the name I call her), did this person come from your place? she said, "Certainly not"—the prisoner said nothing to that—I sent for an officer, and gave him into custody.
Prisoner. Q. You did not bring any young woman before me? A. You saw her across the bar; you certainly heard her give the answer, and you said, at the station, that was not the young woman: no, it was before the Magistrate you said that, not at the station.
MARY ANN HARRIS . I am the daughter of Mrs. Foster—she keeps the post-office—I live there—I went to the public-house on that Saturday evening, for a pint of ale—I was asked whether I had seen the prisoner; I said, "No"—I said that loud enough to be heard—the prisoner is a stranger to me.
JOHN BARNES (policeman, N 475). I took the prisoner into custody on 2nd July, at the Bryden Arms—he said he lived at No. 11, in the Commercial-road—I took him to the station, and found on him some good silver, but I am not positive what it was—I had part of a half-sovereign given me by Mr. Charles Heard—this is it.
Prisoner's Defence. A young woman met me at the corner of the street, and asked me to get her a quartern of port wine; she gave me the half-sovereign, and gave me 2d. to get a glass of stout.
GUILTY .* Aged 19.— Confined Twelve Months.
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution
ELIZABETH WISE . I am a widow; I sell fruit in Covent-garden. I was at my stand on 8th Aug.—the prisoner came and bought a sieve of apples for 1s. 6d.—he gave me a half crown, and I gave him 1s. in change—directly he was gone I found it was bad; I put it in a piece of paper, and pat it away by itself—on 12th Aug. he came again, between 8 and 9 o'clock in the morning; he then bought a sieve of apples, which came to 1s.—he gave me another bad half crown—I said, You ought to be ashamed of yourself to give this to me; this is the second half crown you have given me"—he said, "I did not give you the other"—he then took the half crown out of my hand, and gave me a good shilling for the fruit he had bought—he was going away, but I gave him and the first half crown to the beadle.
JOHN HAYWOOD (policeman, F 113). I was at Bow-street on 12th Aug.—Gold came there with the prisoner in custody—I saw him take his right hand out of his pocket, and throw something from his hand—I took it up, and found it was this half crown.
GUILTY . Aged 28.— Confined Nine Months
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
THOMAS CANSDELL . I keep the Hoop and Horseshoe, on Tower-hill. On 9th July the prisoner came there—my daughter was there serving—the prisoner asked for a small glass of brandy—my daughter served it—he gave her a half crown—she took it, and put' it in the detector—I ran to the bar, and put it in the detector myself—I found it was bad—the prisoner ran out—I pursued him—he saw me pursuing him, and stopped—I took him, and gave him into custody—he had been in my house before with another man—I cannot say which of them offered a half crown then; I think it was the other man—I found it was bad, and said so—the prisoner said he had got it for work done, and he would pay for what they had had to drink—I gave them the half crown back, and told them not to try the game on again—the last half crown I took to the station—I marked it, and gave it to the inspector—I asked the prisoner where he lived—he said he did not like to disgrace his friends—he did not give his name in my presence; he refused to do so.
MICHAEL LACEY (policeman, H 108). I was at the Leman-street station when the prisoner was brought by Cansdell, on a charge of uttering a bad half crown—I took him into custody, and got this half crown from the inspector—I saw the prosecutor give it him, and be gave it to me—I found on the prisoner three half crowns, a sixpence, and 2 3/4 d., all good.
Prisoners Defence, I did not know it was bad; I had changed a half sovereign the same evening.
GUILTY . Aged 25.— Confined Six Months.
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution,
GEORGE STIFF . My brother keeps a draper's shop, in Old-street; I am engaged there. On 19th July the prisoner came there with a woman—they purchased a bonnet, which came to 2s., 11d.,—the cashier gave the prisoner
change—he then went to him for two sixpences for a shilling—he had got a second shilling in his hand, and he wanted two more sixpences—he then said, "Give me six"—I took the shilling from his hand, tried it with my teeth, broke it, and said it was bad—I said, "This will not do"—he said, What?"—I said, "Ringing the changes, I shall give you into custody"—he said, "If that is it, I shall be off"—he went to one door, which was closed—I followed him—he found he could not get out, and turned and faced me—he put his hand into his pocket, and put something to his mouth—I seized him—he struggled, and I put him through a pane of glass—I detained him till my brother came down, and he sent for a policeman—I gave the shilling to the constable.
Cross-examined by MR. PAYNE. Q. Who served the female with the bonnet? A. A young woman that I employ, and she passed the money to the cashier, who is not here—we could not spare him, nor the young woman—the cashier was in his desk when the prisoner asked him for two sixpences, and then to give him six—he did not appear to be the worse for liquor—I seized him by the throat, and knocked him through the glass—I do not know whether he cut his head—I cut my baud—it cost me 10s. for a doctor—I held the bad shilling all the while in my hand, in my pocket—I suppose there were fifteen or sixteen persons in the shop—none of them helped me—I went to the prisoner on account of his suspicious manner—no one goes to the desk for change—the young persons who sell go to the cashier with the money they take—we do not stick that up in the shop, it is a system between ourselves.
MR. BODKIN. Q. What became of the lady and the bonnet? A. She was given in charge, but was discharged.
JOHN HUSSEY (policeman, G 85). The prisoner was given into my custody—I asked him what he had to say about giving the shilling—he said, "Do give me some water"—I asked where he lived—he said he had no home—I asked what he was doing for a living—he said he did not do anything.
Cross-examined. Q. This is new about the water? A. Yes; I was not asked that question before; he asked for water in the house, and two or three times afterwards—I did not see that his head was cut—the glass was broken, and lying about the floor—I found on him a sixpence, and some coppers which made 1s. 11d.
MR. BODKIN. Q. Did you give him any water? A. Yes; after he was in the cell—he spoke to me, and answered my questions, before he went to the station.
GUILTY of attempting to utter. Aged 38.— Confined Six Months.
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
SAMUEL JARMAN . I am clerk to the Solicitor of the Treasury. I produce a certified copy of the conviction of James Daniels—(read: Convicted at this Court, May, 1851, of uttering a counterfeit sovereign; confined Six Months.)
Cross-examined by MR. PAYNE. Q. Were you a witness on the trial? A. Yes
St. Pancras. On 4th May, between 8 and 9 o'clock in the evening, the prisoner came; he asked for three pounds of potatoes, which came to 3d.—I served him; he gave me a sovereign, I examined it and it was good—I had not change to give him—I sent my daughter Elizabeth out to get change; she brought it all in silver; I gave the prisoner 19s. 9d.—he then said he wished to have a half sovereign to send in the country—I gave my daughter ten shillings of the change she had brought to get a half sovereign—while she was gone the prisoner said the little girl was a good while gone—I told him he had better take his full change, and if he came back again I would give him a half sovereign—he said, could I not bring it or send it him—I said, "Yes"—he said, "It is the first house up the court"—I asked what name I should ask for, and he said, "White"—he then went away, taking the 19s. 9d.—soon afterwards my little girl came back, bringing a half sovereign—I tried it, and found it was good—I then took it myself to Clarence-court, and found the prisoner standing in the first doorway, with the potatoes in his hand—I gave him the half sovereign, and he took it, and said he bad now enough money to pay for the potatoes, and he wished to have his sovereign again—he gave me a half sovereign back, which I thought was the same that I gave him—I came home to my shop, and gave that half sovereign to my daughter, and ten shillings in silver, to go and get a sovereign—she went and brought me a sovereign—I examined it—I think it was of the reign of George IV., it was good—I took it across to the court, I found the prisoner standing in the court, I gave him the sovereign; he said he was very sorry be had not got money enough, he bad only 2d. instead of 3d.—he gave me back a sovereign, which was a Victoria one; I examined it when I got home, I found it was very different to the one I gave him, it was bad—I went back and endeavoured to find the prisoner, but he was gone—I never saw him again till he was in custody—I found Mrs. Whitlock in my shop, and two constables; I gave them the sovereign first; I then found the half sovereign was bad, and gave that to the constable.
Cross-examined. Q. On what day was this? A. On Wednesday, 4th May; I thought it was the 5th at first, but I always knew it was on Wednesday—Clarence-court is not a dark court—there is a large lamp at the end of it, over the public house door—I did rather suspect something when he said he had not enough to pay—the prisoner had dealt with me before—I am quite sure he is the person—he was in my shop about ten minutes, or rather better—my daughter was in the shop when he came; she did not go with me to Clarence-court—I swear the prisoner gave me a bad half sovereign and a bad sovereign—I examined the sovereign three minutes after I got it, in my own parlour—I had not parted with it or put it down.
ELIZABETH COLLINS . I am the daughter of the last witness, and am twelve years old. I know the prisoner; I had seen him at my mother's shop—on Wednesday, 4th May, I was there, when he came for three pounds of potatoes—he gave my mother a sovereign; she gave it me to get change—I went to Mr. Harris, a baker—he gave me change, all silver—I took it to my mother—the prisoner was there then, and he said he wanted a half sovereign—my mother gave me 10s. to go and get one—I went to Mrs. Short-land's—she gave me a half sovereign; I carried it to my mother, and gave it to her—the prisoner was then gone—my mother went in doors and tried the half sovereign; she then went out—when she came back she gave me a half sovereign and 105.—I was to go and get them changed for a sovereign—I went to Mrs. Whitlock's, and she gave me a sovereign for them, which I carried to my mother—the prisoner is the man who was there.
Cross-examined. Q. How did your mother try the money? A. She bit it, and sounded it on the table.
MARY ANN SHORTLAND . My husband keeps a butcher's shop, in Brewer-street. On the evening of 4th May, the last witness came to my shop and brought 10s.—she asked me to give her a half sovereign for it; I did so—I tried it, and it was good.
Cross-examined. Q. How did you try it? A. With my teeth; I take a good deal of money in a week.
SARAH WHITLOCK . I keep a cheesemonger's shop, in Brewer-street. I saw Elizabeth Collins in my shop on 4th May, about 9 o'clock in the evening—she wanted me to give her a sovereign for 10s. and a half sovereign—I gave her one of the reign of George the Third—it was good—she left the shop—I looked at the half sovereign—it had been in my hand from the time she brought it me—I tried it with my teeth, and found it was bad—I kept it in my hand till I saw a policeman, and I gave it him—he returned it me—I marked it, and so did he—I went to Mrs. Collins, and showed it her—she gave me 10s. for it.
Cross-examined. Q. Are you quite sure you took notice of the sovereign you gave, so as to say it was George the Third's? A. Yes; I had no other in the till—I am quite sure it was a good sovereign; I sounded it on the counter, and it rang well'.
THOMAS MASON (policeman, S 241). I received the half sovereign from the last witness, on 4th May; it was bad—I marked it, and gave it back to her—I produce the half sovereign and a sovereign which I received from Mrs. Collins
GEORGE COLLINS . I am the husband of Catherine Collins I was told what had happened—on 7th June I was in the neighbourhood of King'scross; I saw the prisoner, caught hold of him, and told him his name was Daniels—he said it was not—I told him it was—he said, "What if it is?"—I told him I would soon let him know—I caught him round the middle—he said, "Can you swear it is me?"—I had not told him any charge—the policeman came up, and the prisoner again said, "Can you swear it is me?"—I said he was charged with passing a bad sovereign and half sovereign.
GUILTY . Aged 27.— Transported for Seven Years.
MR. BODKIN conducted the Prosecution.
THOMAS MACARTHY . I am barman, at the Royal Standard public house, at Chelsea. The prisoner came on 5th July, and asked for a pint of ale—I served her—she offered a half crown; I discovered it was bad, and showed it to my master—I asked the prisoner where she lived—she said at No. 10, Brewer-street—she left, and I sent our potman to follow her—I ascertained that she was going in an opposite direction, and I went and brought her back—I sent the potman to No. 10, Brewer-street; he came back, and said, in the prisoner's presence, that no ale had been sent for from there—the prisoner had a jug with her—a policeman was sent for, and she was given into custody with the half crown.
not know the prisoner—she never lived there—she was not sent for any beer or ale.
WILLIAM BIDDLE (policeman, B 155). I took the prisoner on 5th July, and received this half crown from Macarthy—the prisoner merely said she had given a false address, that she had no place of abode, but previously she had lived in North-street.
GUILTY . Aged 19.— Confined Six Months.
MR. BODKIN conducted the Prosecution.
ANN BRADLEY . I am the wife of Thomas Bradley. On 15th July, between 9 and 10 o'clock in the evening, the prisoner came to our shop for a 2d. loaf—I had none, and she asked for a pound of flour—I put it on the counter, and she gave me a bad shilling—I looked at it, and gave it her back; I told her it was bad—she said she would go over to the public house and have some ale—I watched her over there—I did not notice what reign the shilling was
MART HAWES . I live at the Coventry Cross, and assist in the business. On Friday night the prisoner came there, and asked for a half pint of ale—I gave it her, and she paid with a penny—she then asked for some gin and peppermint; it came to 2d., and she gave me a bad shilling—I bent it, and returned it to her; it was a Victoria shilling—she paid me a good sixpence, and I gave her change.
JOSEPH TICKET (policeman, K 170). On the evening of 17th July I took the prisoner into custody, at a little before 10 o'clock—I took her to the station, and found in her hand, wrapped separately in paper, and inclosed in this cloth, five shillings—she gave the name of Henrietta Hannagan—the next morning she gave the name of Radcliffe, and at the police-court she gave the name of Barrett.
Prisoner. I was in liquor; I fell down. Witness. Yes, she fell down—she said she had been to the Mulberry-tree public-house—she was tipsy.
WILLIAM BURTON (policeman, K 138). I was at the station when the prisoner was brought in—she was tipsy—I said, "Hallo, old girl, how came you here? you had better turn that bad money out of your pocket"—she said, "All I have is good"—she turned out her pocket, and took out a bad shilling, and a piece of china with some composition on it—I caught the shilling and the plaster in my hand.
GUILTY .* Aged 29.— Confined Twelve Months.
GUILTY . Aged 25.— Confined Twelve Months.
GUILTY . Aged 16.— Confined Twelve Months.
WILLIAM PIKE . On 1st Aug. I purchased a couple of shirts—I went to Mr. Hearne's beershop—I saw the prisoner there, and asked her to drink—she did so—I put the shirts on the settle we were both sitting on—I happened to doze off to sleep—when I awoke the prisoner and the shirts were gone—she was brought in afterwards—she let a shirt drop from under her clothes, and she gave Mrs. Hearne the other shirt—they were both mine.
Prisoner. We were both very much in liquor; I took the shirts to mend. Witness. I was not in liquor; I was as well as I am now.
MARY HEARNE . I am the wife of Thomas Hearne, who keeps a beer-shop, in Uxbridge—I saw Pike at my house—he had two shirts with him; he laid them down—he afterwards made a complaint to me about them—I went into my private house, where the prisoner slept, and found her—I asked her if she had got two shirts—she said she had not—I said I would see whether she had or not, and I observed the two shirts under her gown—Pike was not par-ticularly in liquor—he had been drinking at my house—they had five pints and a half of beer—there were four in the party—I cannot say whether the shirts were new—I do not know whether they wanted mending.
(The prisoner received a good character.)
GUILTY . Aged 32.—Recommended to mercy by the Jury.— Confined Fourteen Days.
OLD COURT.—Wednesday, August 11th, 1853.
PRESENT—The LORD MAYOR; Mr. BARON PLATT; Mr. Ald. COPELAND; Mr. Ald. MOON; Mr. Ald. SALOMONS; Mr. Ald. CUBITT; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Second Jury.
885. JOHN COOK , stealing whilst employed under the Post-office, a post letter, containing half a sovereign, 1 sixpence, and 1 penny postage stamp; the property of the Postmaster General: to which he pleaded
GUILTY . Aged 17.— Transported for Seven Years. (The prisoner received a good character.)
GUILTY . Aged 26.— Confined Twelve Months.
GUILTY . Aged 17.— Transported for Life.
Before Mr. Baron Platt.
888. EDOUARD RAYNAUD was indicted for unlawfully soliciting and inciting Francois Ferdinand Phillipe Louis Marie D'Orleans, Prince de Joinville, to conspire with him to kill and murder Louis Napoleon, the Emperor of the French. Other COUNTS, varying the manner of stating the charge.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
HIS ROYAL HIGHNESS THE PRINCE DB JOINVILLE . (Through an interpreter.) I am a son of Louis Phillipe, the late King of the French; my names are Francois Ferdinand Phillipe Marie Louis d'Orleans; I reside at Claremont On 23rd June last, I received this letter (looking at one marked A); shortly afterwards I received this other letter (marked B)—I had before receiving these letters also received another one, requesting an interview—I handed that to my Secretary, as I did not grant an interview to persons I did not know—I believe that letter was signed in die same way as these—I know nothing of the prisoner—I had never seen him until I saw him at Bow-street—I gave directions for these two letters to be sent to the Home-office.
Cross-examined by MR. WOOLLETT. Q. Can you tell me when you received the first letter? A. I do not recollect exactly—I do not know how long it was after receiving the first letter that I received the second, or how long after receiving the second it was that I received the third; I should think it was about two weeks—I was at Claremont when I received all the letters—I have received many applications for money from French exiles in this country—I did not send the second letter to the Home-office until I had received the third—I sent them both together.
LOUIS EDWARD ENGLEBACH . I am a clerk, in the house of Coutts and Co., bankers. I am acquainted with the French language; I have made translations of the letters marked A and B—they are as literal as it is possible to make them; they are very badly written both in grammar and orthography—I have not changed the idiom at all, I have followed it as nearly as possible.
ALEXANDER LEMINOFF (through an interpreter), I am a tailor, and live at No. 7, Rose-street, Long Acre—I am a native of Russia—I have known the prisoner for five months—he is a tailor by trade—in June last he lived at No. 4, Sherrard-place; I know his handwriting—I believe these two letters, marked A and B, to be in his handwriting; and this envelope also.
Cross-examined, Q. Did you ever go out with the prisoner in search of work? A. Yes; sometimes we did not succeed in getting any, but we generally had a little work—sometimes his head was very much troubled at not getting work—he has a wife living with him, but no children.
MR. BODKIN. Q. When he had work did he attend to it and do it properly, like other men? A. Yes
AUGUSTUS TROGNON (through an interpreter), I am secretary to his Royal Highness Prince de Joinville, and reside at Claremont. I recollect, some time before 23rd June, his Royal Highness handing me a letter—I destroyed it—it was signed, "Raynaud;" it purported to come from the same place as these, Sherrard-place—the writer of that letter requested an interview with the Prince—on the receipt of that letter, I was directed by the Prince to make some inquiries—I caused some inquiries to be made—on 23rd June the Prince handed me another letter; this is it—before that, he handed me this other letter (looking at the two marked A and B)—he directed me to send them to Sir Richard Mayne, the Chief Commissioner of Police—I sent them on 24th June—I know nothing of the prisoner.
JOHN SAUNDERS (police sergeant). I am a sergeant, of the detective force. On 26th June last I received these two letters from Sir Richard Mayne, with directions to inquire about the writer—I went to No. 4, Sherrard-place, Sherrard-street, Golden-square, on that same day—I found that the prisoner lived there, and saw him—I had no conversation with him; I had with the landlady—I made some inquiries about him, and then made a report to the
Commissioner—I was afterwards directed to go to the same house, in Sherrard-place; I went on 26th July—I found that the prisoner had left—an application was then made to the Magistrate at Bow-street for a warrant for his apprehension—in consequence of information I received, I went with the warrant to Southampton—I found him there on 1st Aug., and took him into custody; I had these letters with me—I told him who I was, and that I took him into custody on a warrant for conspiring with others to kill and murder Napoleon, the Emperor of the French—I spoke to him in French—I had the letters in my hand at the time—he said he was very sorry he had written them to the Prince—I believe I had not mentioned the Prince's name before he said that—I then brought him to London, and he was examined before a Magistrate and committed for trial.
Cross-examined. Q. How long was it, after you got to Southampton, that you met with the prisoner? A. The following day; he told me that he had been at the hospital at Southampton—I made inquiries about it. (The letters were here read, as follows:—)
Translation of Letter marked A.—My Prince,—I permit myself once again to write to you these few lines. I had the honor to receive at my house a gentleman whom I had not the honor to know any more in Paris than in London; but from his conversation he proved to me that he was sent by you to know my intention to be useful to you. I have not told it to any one. I would only confide myself to you alone; but as it is so, I confess to you that which I beg of you not to make known to any one whatever, as you are often surrounded by persons who for money deceive you, but to you alone I confide myself, and without interest for me. My Prince,—Napoleon the Little, whom they call thus at Strasbourg, has given me the idea of an assassin, which he was My instruction was not to search deeply into politics, as I know them now; but at Boulogne, when I read his mode of acting, that man forced me to shut up in my heart an eternal hate. You, who exposed your days to go and fetch the ashes of his Uncle for the service of France, and whose property to-day he has dared to sell, which no king has done. He has acted as an assassin and a thief at the same time. You know it, my Prince, better than I, as you are the first victim. You are deprived of seeing your country, you and your dear family; you, who had exposed your life several times, you are more unfortunate than a workman who wanders from country to country. I do not seek to flatter you; believe it well; for if you knew me you would see it. You will believe, perhaps, that I do this out of interest. No; for I have been unfortunate in London, and I have never asked anything of anybody, but ten shillings which the French Society had the goodness to give me, from the moment that my wife had remained three months in bed; and I, I had no work; and it is Mr. Munier who forced me to make the request, which he supported. In fine, I cut it short. I am going to depart for Paris; my voyage is for you alone; I swear it upon the tomb of my mother and of my father. Life is to me a charge and a burden, to be no longer borne; I must utilize it, and you shall see it. My Prince, I have my wife, who is seventeen years old; I would place her under your protection. I have sought out a motive to her for the voyage: she consents to it; but the poor child, she will be the only victim of my project. But I sleep no more: I alone I must change this base wretch; he and all who surround him must he blown up. It is a thing which oppresses me much to be an assassin; but it must be, though I should be forced to sell my last shirt. I write to you while my poor wife has gone out. I hasten to finish. Could you but read in my heart the sentiments that I have for you and your dear
family. Adieu, my Prince; and all that I desire is that you should be soon on a throne, to render the people more happy than they are, and all France. I think to leave soon, and you will have news of me later in your name, which no one will know, I hope. RAYNAUD DE QUETEVILLE. Sherrard-place, 4, Sherrard-street, Golden-square.")
("Translation of Letter marked B.—My Lord,—I permit myself to write to you these last lines before my departure. I have collected the little money that is due to me, but it is not sufficient for the idea I have, and which is infallible as to me alone; I charge myself to blow up the tyrant and his accomplices and all the persons around him. I am as sure of it as of the day I must die. My Lord, do not believe that I am seeking to deceive you, as I have no want of that, but I will give you the best guarantees for the advances you may make me. I leave my furniture, I leave my wife who has property of 12,000 francs, without that which comes back to her, and a good business which I have, I employ several workmen; in short, my Lord, it is money I want, not a large sum, I want 20l., and I give right to whomever may see me in France, in another country, to stab me where he may find me, if I have not done that which I must do, to change the government of France; I swear it by all that I have dearest to me on earth; in short Monsieur, that which I do is for your family and your worthy mother, as she is so good to her countrymen; it is for you, you alone, you are capable of rendering the workman happy, and to make return your family. I am about to leave on Saturday, but I wait your reply. I have been to Claremont, but I was not able to get to you as they told me that you were out. I spent 4s., but what of that I rely upon you, I beg of you to send me your reply by your Secretary, if you consider desirable. I have arranged my affairs ready to depart. I send you my passport to letyousee that I am not proscribed nor a thief, and that I was established at Paris before the cursed Republic, which caused my misery and yours. In short, my Prince, I rely on your goodness, and you may rely on me as upon yourself. I beg of you to give me a reply, the soonest that may be possible to you, as I only wait for that to depart and to prove to you that I am not a man who bends with fear. I rely again on your discretion as I shall be sure to fall if it is known. My Lord, you will see if the Raynauds are cowards, and if they know how to keep a secret. I beg of you to believe me, your all devoted servant. RAYNAUD. Sherrard-place, No. 4, Golden-square. ")
JOHN SAUNDERS re-examined, I attended before the Magistrate on the hearing of this charge against the prisoner—the evidence adduced against him was translated to him—at the conclusion of it, he was asked, in French, if he had anything to say in answer to the charge—he then made a statement in French—I heard what he said—I do not know that I could recollect the words he used—Mr. Englebach was there, and acted as interpreter—he translated the prisoner's statement, a few words at a time, to Mr. Burnaby, the chief clerk, who took it down when it was completed—I believe it was read over to the prisoner in French, the Magistrate having the English translation before him.
MR. ENGLEBACH re-examined. I was at Bow-street, and heard the prisoner make a statement in French—I translated it to the Magistrate's clerk, who took it down—I translated it correctly—this is an accurate statement of what the prisoner said on that occasion—(read: "I have nothing to say, except that at the moment I wrote those letters I was as I am now, suffering in the head; every month the doctor is obliged to bleed me, and that I have been in the hospital at Southampton, where I was shaved, and bled again, and they put ice on my head; that is all I have to say.")
MR. WOOLLETT submitted that there was no evidence of any offence committed by the prisoner within the jurisdiction of the Court; the receipt of these letters by the Prince was at Claremont, which was not within the district of the Central Criminal Court, and there was no proof that the letters were posted within the jurisdiction.—MR. BODKIN proposed to call a witness to supply that proof; to which MR. WOOLLETT objected, the case for the prosecution being closed.—MR. BARON PLATT was of opinion that the proof should be given.
Cross-examined. Q. Have you any recollection of it? A. None; I only speak from the postmark—I am quite certain it was posted in London—it would only be a person acquainted with the routine of duty at the Post-office that could tell that—it was posted in London after 10 o'clock on 21st of June, and before 9 o'clock on the 22nd.
NOT GÜILTY , the Jury being of opinion that he wrote the letters with the intention merely of extorting money.
Before Mr. Baron Platt and the First Jury.
MESSRS. BODKIN and POLAND conducted the Prosecution.
SAMUEL JARMAN . I produce a certificate of the conviction and order of transportation, which I obtained from Mr. Clark's office—(read: Jean Le Grand, convicted June, 1846, of stealing from the person; transported for ten years)—this is Mr. Clark's writing.
PATRICK CURTIN . I am a night watchman, at Madame Tussaud's Exhibition; I was formerly in the police. In 1846, I had the prisoner in custody; I was present at his trial; he was convicted, and sentenced to ten years' transportation—he is the person mentioned in the certificate.
Cross-examined by MR. ROBINSON. Q. Were you present at his trial? A. Yes, and heard him sentenced; I did not know him before he was taken into custody, and I have never seen him since until this charge—I was not taken to the prison to see him—I had a notice to go and see if I could identify him—I took him into custody at Charing-cross, and took him from there to Gardener's-lane; he was taken from there to Bow-street, and remanded for three days—I was present at Bow-street—I can recollect whether I saw him again at the end of the three days, it is so long ago—I swear positively that he is the man; Maria Gurney was the prosecutrix against him—I do not know where she is, I have never seen her since.
MR. BODKIN. Q. What was the offence for which you took him? A. For robbing Maria Gurney in an omnibus of a purse and some silver—I told him what I took him for; I accompanied him to the station-house where the charge was taken; I was there with him about a quarter of an hour, and then took him to Bow-street—I was examined against him—I should say he was under my notice about an hour on that occasion—he was then remanded, for me to find out his address; I saw him again on the remand, he was under my notice then about a quarter of an hour—he was then remanded again—I attended again on that occasion, when he was committed—I have not the slightest doubt the prisoner is the man.
JAMES PECK (City policeman, 301). I took the prisoner into custody on 24th June last, in New Bridge-street, Blackfriars, on a charge of uttering a counterfeit shilling—he gave the name of John Bourmont.
Cross-examined, Q. Did you go to his house? A. I did; I did not take possession of everything I found there—I did not go in.
COURT. Q. How did you know that it was his house you went to? A. I went to the address he gave, "No. 8, Milford-lane."
NOT GUILTY .
LAWRENCE KENNY . I am conductor to one of Smith's omnibuses, which runs from Kennington-gate to the Barnsbury Castle, Islington. On Thursday night, 23rd June last, the prisoner got into my omnibus at the corner of White Lion-street, Islington, which is a very unusual thing—he rode about 100 yards up the street, and then said, "Do you go to Hornsey?"—I said, "No, Sir"—he then offered me a shilling in payment—I found it was a bad one—I gave it him back, and then he gave me a good shilling, and I gave him change.
Cross-examined by MR. ROBINSON. Q. What is there unusual in taking up a passenger there? A. It is such a short distance from Barnsbury-park; it is more than half a mile—it was about 7 o'clock, or a little after—I know the first shilling he gave me was bad, because I have seen so many other bad shillings like it—I could tell it was bad directly I got it in my hand; I have been offered a good many bad shillings—sometimes if we take them, we pay them in, and they are given back to us again, and we throw them into the fire, or throw them away.
MR. BODKIN. Q. You have to put up with the loss? A. Yes; it was after we had got about 100 yards up White Lion-street, that the prisoner asked if we went to Hornsey—when I said no, he offered the shilling directly, and wanted to get out—I said he might as well go as far as we could take him, and I set him down at Park-lane.
MR. ROBINSON. Q. You were going in the direction of Hornsey, were you not? you can go that way? A. Yes, you can go that way.
ROBERT HAWKES . I am conductor to one of Hughes's Islington omnibuses. On the night of 24th June, about 10 minutes past 8 o'clock, the prisoner got into my omnibus at the Obelisk, in the Blackfriars-road—he got out at Fleet-street—he gave me a bad shilling—I told him it was bad; he said it was not, it was good—I called a policeman and gave him into custody, with the shilling—about a week before that, I was with my omnibus at the Angel at Islington, and saw the prisoner and another man standing together there; the other man pointed to me, and the prisoner came and got into the omnibus—he rode to the Post-office—he then gave me a bad shilling in payment—I detected it, and told him it was bad, and that I thought he had given me one a few days before; and if he came again I should give him in charge—I returned the shilling to him—I am certain it was a bad one—he did not say anything; he gave me a good one, and cut down Cheapside as quick as be could—I am certain the prisoner is the man—I believe him to be the man that got out of my omnibus one day before that at the Obelisk, but I am not certain—he gave me a bad shilling on that occasion.
JUN MUMFORD. I am time-keeper of the Islington omnibuses at the Obesk, in New Bridge-street. On Friday evening, 24th June, a little before 9 o'clock, I saw the prisoner and Hawkes having some dispute—I went up to see what was the matter, and Hawkes handed me a shilling, and asked my opinion upon it—it was a bad one—I returned it to him—after the prisoner was gen in charge, I picked up another bad shilling close to the spot where he have been standing—I marked it, and gave it to the constable.
JAMES PECK (City policeman, 351). I took the prisoner into custody on 24th June, and received this shilling from Hawkes—I also received this other shilling from Mumford—I searched the prisoner at the station, and found on him 7s. and two 3d., pieces, all good money.
GUILTY . Aged 62.— Confined Twelve Months.
MR. CAARTEN conducted the Prosecution, and MR. SLEIGH the Defence, FENTIMAN—Aged 17. PRYME—Aged 17.
GUILTY of an attempt.— Confined Twelve Months.
MR. LILLEY conducted the Prosecution, and MR. REED the Defence.
GUILTY . Aged 53.— DEATH recorded.
Before Mr. Baron Platt and the Second Jury,
CHARLES O'CONNELL . I am a tailor, and live in Somerset-street, Aldgate. On Monday morning I went to a house in Whitechapel to sleep; it was not my own house—it was too late to go home, it was 1 o'clock—two young chaps, William Waite and Patrick Reagan, were with me—I went up stairs, opened the bedroom door, and went to the window—I did not know that the prisoner was there, I had no candle; there was light from the window, it was a moonlight night—when I went to the window I was stabbed by the prisoner in the left breast—I could see him by the light of the window, just as he stabbed me—he is a tailor by trade—I had had a quarrel with him about twelve months ago—I had had no quarrel with him since then, except on this Sunday evening; we went to a public house, and met him there—he was going to speak to me, and I offered him the beer, and told him to drink, and then to speak—my wound bled all the way to the hospital—it was done wit! a pair of scissors; I did not know that until they were found in the bed—I did not see what I was struck with—Reagan helped me to the hospital—my wound was dressed there—immediately after the prisoner stabbed me, I heard his say that he would stick the first that came in his way—I could not rightly tell whether he was drunk or sober, I think he was sober—I had met him tat evening at a public house in Petticoat-lane; Waite, Reagan, and I were there drinking together; it was there I offered him the beer—we went from that house to the Grapes, at the corner of Catherine-wheel Alley—my partner called for some beer there—I gave the beer to another man, and Maden came up as he was going to drink it, and said he had paid for it—I denied that he had paid for it, and with that there was some words, and he and a young man that was with me struck one another—they were separated—I then went towards my lodging, and found it was too late, and Waite asked me to go home and sleep with him—I did not know where the prisoner went to.
Cross-examined by MR. O'BRIEN. Q. Then you, and Waite, and Pagan, all three, went into the prisoner's bedroom at 1 o'clock in the morning, did you? A. They invited me to go and sleep with them that night; I suppose
they slept in the same room as the prisoner, but I could not tell that; I never slept there before—there were two beds in the room—I could not tell that the prisoner was in one of them when I went in—I could not tell that he got out of bed to strike me—we went in very quietly—we commenced drinking about 11 o'clock on the Sunday night; I was not in any public house before 11 o'clock, it was about 10 o'clock when I left my house to come out; I had no drink before I left home—I was in two public houses; we had a pot of beer at each, between three or four of us—we were in another public house, at the corner of Whitechapel—we went home very quietly—they did not tell me that Madden lived there—I knew it was the house where he worked; I did not know that he was in that room—I had no conversation with the others before we went up—I had no light—I opened the door—I had been there before, at 4 o'clock one Sunday, and then I knew it was a bedroom—I was never there but once before—I did not know it was Madden's bedroom, I had never seen him there before—I knew the way up the stairs, the others were coming up after me—I had given Madden some beer that night, and we had been good friends.
COURT. Q. Did you see the scissors? A. I did not till afterwards; they were tailor's scissors—we are both tailors.
GEORGE ALLCARD . I am a surgeon. I saw the prosecutor at the London Hospital on the night in question—he had a wound under the left nipple, about one-eighth of an inch deep, and an inch long; it was not dangerous in itself—he had bled on the way to the hospital, but not very much—it had been inflicted by a blunt instrument, it was an incised wound—it had gone through the waistcoat and shirt; the clothes had deadened the blow, otherwise it would have been much more serious—these scissors (produced) might have caused it—there is only one point to them; they must have been partially open at the time the thrust was made.
Cross-examined, Q. You would call it a slight wound? A. It was slight.
COURT. Q. Was it such a wound as would be calculated to do a man grievous bodily harm? A. No.
WILLIAM WAITE . I am a tailor, and live in Wygrave-street I was in company with O'Connell on this Sunday night; he could not get in at his own house, and I asked him to come with me to my lodging; he knew that the prisoner lodged there—we were at a public house that night, Reagan was with us; we all went there together, it was getting on for 12 o'clock—the prisoner was there—we stopped there till the row commenced, and they were all turned out—I do not know how the row commenced, I was not listening to it, I was at the other end of the bar; I was in a peaceable part of the room—this was at the last public house—I saw the scuffle between Reagan and the prisoner—they were turned out—I stopped inside after they were gone—O'Connell then went with me to my lodging, we went into the bedroom, I threw myself on the bed, and O'Connell went over to the window—the prisoner went over to him; I saw him take up his hand, and when he had done it he went back again—O'Connell told me he was stuck, and asked me to go to the doctor's with him—the prisoner did not ask who it was, not till after it was done, and then I told him it was Reagan that was stuck—he said nothing to that, except that he would have revenge out of more of them—I do not think he knew who he struck—he said there were six or seven beating him at the public house.
Cross-examined. Q. O'Connell knew where the prisoner lived, did he? A. Yes; and where he slept—none of us knew that he was in the room, we
never thought of him; we knew it was his bed-room—I think it was about 12 o'clock when we left home—I was on the bed when O'Connell was struck, and remained there for about a quarter of an hour—I had only been on the bed about two minutes when this took place.
COURT. Q. Did you go in together? A. O'Connell went in before me—I do not know where Reagan was—he was not in the room at the time, I did not see him—I do not know where he went to after we came out of the public house—I parted with him in Petticoat-lane, he did not come with us to the prisoner's lodging—I did not see him again till after this had occurred, when he came to the hospital—he took O'Connell to the-hospital, I believe—he found him close by the lodging-house door—I did not go down to the door, I stopped in the room for a quarter of an hour, and then I went down and stopped till the policeman came—I laid still on the bed after I heard O'Connell say that he was stabbed—I was sober; I was not asleep, I had my clothes on—I do not know how many were turned out of the public house; there were three or four—I was not turned out, I remained there five or ten minutes after the others.
PATRICK REAGAN . I am a tailor, and live at No. 3, White Rose-court. I was with O'Connell on this Sunday night from 11 to 12 o'clock—the prisoner went with us into the public house—we had some drink there—we were all sober; we had some words, there were no blows—the prisoner swore he would be satisfied to be hung in the morning for me and O'Connell, he would have our lives—we then parted, and he went home—I lodge in the same room with him—we went with O'Connell to his lodging; he could not get in, and I brought him home to sleep with me—he went up stairs first—I was afraid to go up, I stood outside the street door—I did not go into the bedroom at all until after the prisoner was taken—while I was standing at the door, I heard O'Connell call out that he was stabbed, and he said, "Open the door, I want to go to the hospital"—he came out, and I put my cap to the wound to stop the bleeding—after the prisoner was taken, I went into the room and found these scissors in the bed, just underneath where be had been lying; there was blood upon them—I gave them to the policeman—I had seen the prisoner trying to hide them before be got up and dressed—Waite saw me take them from the bed—the prisoner was then down stairs with the policeman.
Cross-examined» Q. You say you were afraid to go up: why? A. Because he swore he would have my life—I was afraid of him—I did not know that he was there—I was afraid of my life—he had threatened my life before—I did not know that he was there in bed—I did not go up stairs—Waite did not go with us to the lodging—I did not see Waite there, I met him by the door—we remained by the door about two minutes, and then O'Connell and Waite went up; I remained below—there were two beds in the room—I was not speaking to Waite at the door—nothing passed between us—Waite asked O'Connell to go up stairs and go to bed—they did not ask me to go up—I was not going up after them, I stayed at the door—I was not to go up after them until I was sure of myself, until I saw who was inside—I heard O'Connell cry out—I did not go up then—no blows had passed between me and the prisoner at the public house—we parted after we came out of the public house—there was only Madden, and Waite, and O'Connell, and myself were of our party—we did not leave Waite in the public house—he came out with us when the house was cleared—it is not true that Waite remained there after us—we were not turned out, it was after hours, and the house was cleared; it was not because we were disorderly—it was about half-past 11
o'clock that we had the words—we remained there drinking about half an hour after that.
GUILTY of unlawfully wounding. Aged 23.—Recommended to mercy by the Jury.— Confined One Month.
MR. REED conducted the Prosecution.
JOHN PERKINS . I am a provision merchant, and live at Holloway. On Saturday evening, 13th August, between 5 and 6 o'clock, I was outside my shop, and saw the prisoner pass—he stopped at the Pied Bull public house, which is two doors from my house—I saw the deceased Moss pass intoxicated—I saw him and the prisoner together—I did not hear anything pass between them; he came up to the prisoner, and a fight ensued; that was the first thing I saw—Moss fell, he got up again, and they had a second and third round; at the end of the third round the prisoner knocked Moss down; at least it was more a scuffle than anything else, a wrestling—Moss fell against the door-post of the Pied Bull, and fell senseless—I did not see what part of him struck the door-post; I heard the sound of something striking against the post, and I saw his head lying against the door-post—he was carried away by two men—I knew him by seeing him backwards and forwards—I knew by his walk that he was intoxicated.
Cross-examined by MR. GIFFARD. Q. Did you see what he did when he first went up to the prisoner? A. No, I did not; when the prisoner went by he was going along very peaceably and quietly—I did not see whether Moss struck him, he might have done so; my attention was directed another way at the moment—I was examined before the Coronet; the verdict of the Jury was, that it was a misadventure.
COURT. Q. Did you see whether any blow was given by the prisoner before Moss fell? A. There were blows given on both sides, their hands were like two men in contact with each other; it was more of a wrestle than a fight—I saw him fall, but did not see what caused him to fall.
RAYMOND LEVI HAYES . I am a surgeon. On Saturday morning, 13th Aug., I was called to see the deceased, at No. 16, Brandt-street; he was lying insensible and motionless on the floor; he died in about three quarters of an hour—I made a post mortem examination—there was a very extensive fracture at the back part of the skull, producing extravasation of blood at the base of the brain, that was the immediate cause of death—I do not think a violent blow with a fist would cause that; falling violently against a post would be likely to produce it.
COURT. Q. If a man was tripped up, and fell with the back of his head against a post, might that have caused the mischief? A. Yes
NOT GUILTY .
NEW COURT.—Wednesday, August 17th, 1853.
PRESENT—Sir ROBERT WALTER CARDEN, Knt;, Ald.; Mr. Ald.CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MORLEY—pleaded GUILTY . Aged 40.
WILSON—pleaded GUILTY . Aged 52.
Transported for Seven Years.
MR. RYLAND conducted the Prosecution.
MORRIS MESSENGER . I am warehouseman to Messrs. James Humphreys and three others; they are carpet manufacturers. On the 23rd July, I was in the warehouse, and Johnston came—I did not see any one with him; he offered me this paper, which I read: "23rd July. Please send by bearer one piece of blue fawn, and one ditto claret. USHER."—Messrs. Humphreys has a customer named Usher—I told the prisoner we had not carpets of that description—he said he would take the nearest we had, as Mr. Usher had an order for nearly a whole piece—I had known Johnston before, he was in the service of Mr. Usher—when he said he would take the nearest we had, I looked them out and entered them in the show book, and gave him a show paper stating the particulars of them; it was a description of the goods he had—I gave him the goods; he took one piece from the warehouse to the truck, I took the other, and he went away with both—when he had them there was a ticket or mark on each of them, but the tickets are now off them—I saw the carpets again next morning.
Cross-examined by MR. RIBTON. Q. What time did Johnston come? A. About half past 11 o'clock; the signature to this paper is Usher—we do not look at the order, but the person who brings it—I have seen Mr. Usher's signature before, he sometimes signs his name in this way—I do not recollect his Christian name—I do not know whether he ever signs without his Christian name.
MR. RYLAND. Q. Is this similar to Mr. Usher's writing? A. Yes; I gave the carpets to Johnston partly because he produced this note, which I believed to be signed by Mr. Usher, and partly knowing him to be in Mr. Usher's service.
THOMAS JAMES USHER . I am a coach lace manufacturer, in Long-lane. Johnston was in ray service as an errand boy—he left me in the early part of June—he was not in my service on the 23rd of July—he had lived with me about sixteen months—this paper is not my writing, nor any part of it—I did not authorize any person to write it for me—I did not authorize Johnston to go and get this carpet—I do not know the other prisoners.
Cross-examined by MR. RIBTON. Q. Are you in the habit of signing your name in this way? A. No; certainly not—I always put a T to it—I do not think that this paper resembles my writing—it is not Johnston's writing—I do not know whose writing it is—I have beard, but I do not know—it is not the writing of any one in my establishment—I employ about nine persons, this is not the writing of any of them—Johnston was in the habit of going for goods to various persons—he had gone to Mr. Humphreys' before.
MARY ANN NORRIS . I am the wife of Eli Norris, we live in Middle-street, Cloth-fair—I know Johnston by sight, as having lived with Mr. Usher—he came to our place on Saturday, 23rd July, for a small truck—we are in the habit of letting trucks—he preferred having one that had no writing on it—he said Mr. Usher liked it better, because it was private—it was from half past 11 to 12 o'clock—I let him have a truck without writing—it was one which Mr. Norris had sold the day before, but it had not gone home—the prisoner said it was only for a light load, two rolls of carpet—he took the truck, and brought it back in one or two hours—he paid for it.
THOMAS DONGESSON (City-policeman, 68). I took Coghlan into custody, with a roll of carpet on him, about a quarter-past 1 o'clock, on 23rd July—he was in White-street, close by Harrow-alley, Houndsditch—I took the one piece of carpet that he had, and I had some conversation with him—I went to a lockup, which was opened by a man whose name I think was White; I there found this other carpet—I was present when Mr. Messenger saw the two rolls of carpet—he claimed them as his master's.
WILLIAM SHAW (City-policeman, 224). I took Johnston that same evening at the Standard Theatre. I locked him up in the cell—he said to me, "You know all about it; you saw us altogether in the morning"—I had seen Johnston that Saturday morning in company with Davis, White, and Kelsey, in Cloth Fair; and then in Bartholomew-close, and once afterwards—that was from about half past 9 o'clock till half past 10 o'clock—Johnston then said that one of them drew the order, and two went on to find a dealer" and he got the truck—he said they went to a public house—the name he did not recollect, and he stood outside to mind the truck—in consequence of that conversation, I looked after the other three prisoners—I found them on the Wednesday week afterwards—they were in custody at Cheshunt—and I identified them as the same three that I had seen with Johnston on the 23rd July—I knew them very well.
HENRY DAWSON . I keep the Three Compasses in Harrow-alley, Houndsditch. On Saturday morning, 23rd July, I saw two rolls of carpet in my taproom—there were three persons there, I believe Kelsey and Davis were two of them; the third I cannot speak to—they had one pot of ale; I cannot say who ordered it—it was taken in the taproom—there were no other persons there—the ale was drank amongst them—they staid about ten minutes—a man named Lilly came in—he is a man of the Jewish persuasion—I had known him before—he had some conversation with them, and all four went out together—Coghlan came and fetched the carpet away in three or four minutes—I had known him before, he was a porter in the market—he said nothing, but he went in the taproom and took one piece of carpet, and he came back and took the other—I knew him and made no objection.
Cross-examined by MR. O'BRIEN. Q. What time was this? A. About a quarter to 1 o'clock—I did not see who brought in the carpet—I do not know how long it had been there—it was not there long—I think I know two of the men that were there; I would not pledge my oath that Davis and Kelsey are the two.
JOHN NEWBERRY (policeman, N 74). In the early part of this month I was stationed at Waltham-cross, near Cheshunt—on the 2nd of Aug., about 11 o'clock at night, the prisoner Kelsey came to me in Waltham-lane—he was drunk, but he could speak and get about—he wanted to give me a description of two thieves that had committed a robbery in London—I had not at that time heard of this robbery—I took him down to the station, and introduced him to sergeant Spinks, and by his order I took him into custody—he named Davis and White to me as the persons who had committed the robbery—I locked him up.
EDWARD COOK (policeman, N 96). I was stationed at Cheshunt—on the 3rd Aug., in consequence of information from sergeant Spinks, I went to Enfield Highway, and took White into custody, at the Rose and Crown public house—I told him he was charged with being concerned with others in stealing a quantity of carpet from Mr. Humphreys of Skinner-street, London—he said, "Kelsey has told you that, but I did not steal the carpet—I made out the order, and gave it to Johnston by Kelsey's direction; Kelsey
sold the carpet"—I then took him to the station; I found a paper on him—I do not know whose writing is on it.
----SPINKS (police sergeant, N 42). I was stationed at Cheshunt. On the night of 2nd Aug. Newberry brought in Kelsey, who appeared to me to be very drunk—he stated that a robbery had been committed in the City of London, and he knew the thieves that had done it—I asked him what description of robbery had been committed—he stated a Brussels carpet had been stolen from Skinner-street, Snow-hill—I referred to our occurrence-book, and found a note of such a thing—I asked him the names of the persons—he mentioned a man named White, and a man named Davis—he said White and Davis were concerned in the robbery, and a boy named Johnston had been twice examined for the carpet, and no innocent boy should suffer through him—I afterwards went to Waltham-abbey, and apprehended Davis—I told him he was charged, with others, in being concerned in the robbery, naming the robbery—he said, "Kelsey has been coming it on us; he said he would last night; I never stole no carpet; White wrote the order, and Kelsey sold it; I will take my whack, let it be what it may; I own I helped to shove the truck."
JOHN COGHLAN . I am a porter. I was taken into custody, and come out of gaol now—they did not accuse me of being concerned in stealing the carpet, for taking it from Mr. Dawson's to Mr. Isaacs—I do not know either of the prisoners, I never saw them in my life before—I know Mr. Lilly—on 23rd July I was sitting down on a seat in Mr. Isaac's 'Change, that is near Houndsditch—Mr. Lilly came and said something to me—in consequence of that I went for a truck to Mr. Mudie's, in Houndsditch—I did not get a truck—I got two bags out of Mr. Isaac's 'Change—he gave me a bag for a carpet—I went to Mr. Dawson's public house, in Harrow-alley—I found two pieces of carpet; I took them to Mr. Isaacs, in the 'Change—I found Mr. Lilly there—Mr. Isaacs' porter opened the door—I put one carpet in it, and it was locked up—as I was going with the other the policeman came and asked me where I got that carpet—he kept me, because I had got the roll of carpet—I did not see any one that morning but Lilly and the persons who were about the 'Change; I mean that Lilly was the only person I had seen that morning before I went for the carpets—I had not seen any one about the carpets but him—it was entirely owing to what he said that I went for the carpets—I had no other reason for going but Lilly's speaking to me—there was one man drinking beer in the public house—I do not know him—it was about 12 o'clock when I saw Lilly—I had before that been working at the 'Change—we had two bags of goods we were packing there.
Q. Do you mean to repeat, and consider before you answer, that the only person you saw that morning who said anything to you about the carpet, was Lilly? A. Yes; nobody else indeed, sir
MR. RIBTON to MORRIS MESSENGER. Q. Look at this order: the words, "Please send by bearer," appear to have been written at a different time to the other? A. They may have been so; they were on the order when I had it—I think it is very probable that I had given goods on an order signed by the single name of Usher before—I do not know whether I have or no—it might have been T. Usher—I have heard Mr. Usher examined.
JOHNSTON— GUILTY of uttering. Aged 15.
WHITE— GUILTY of forging. Aged 20.
Confined twelve months
KELSEY and DAVIS— NOT GUILTY .
were again indicted for unlawfully obtaining the said goods, under false pretences.
(MR. RYLAND offered no evidence,)— NOT GUILTY .
MR. PLATT conducted the Prosecution.
JOHN CORNS . I live in Silver-street, Enfield, and am a carpenter and joiner. On Saturday, 9th August, I left my tools, at half-past four o'clock, in a building where I was at work—in Northumberland-park, at a new-built house—on the Monday following, at 6 o'clock in the morning. I went there, and missed one axe, three saws, five planes, a 6-inch trying square, two gouges, two hammers, and various other things—I afterwards saw the axe at the General Post-office in St. Martin's-le-Grand, on a scaffold where several men were at work—the prisoners were at work, one of them had the axe in his hand—I gave them into custody—Smith had been at work on the week previous at the next house to where I had been in Northumberland-park—he had got discharged—this is the axe—I know it positively to be mine—I drove this wedge of deal into it—it is worth about 2s. 6d.; I gave 3s. 6d. for it—the value of the other tools I lost was about 4l.—I have not seen the other tools—there were some boards taken from one room in the building and brought into the hall in that new-built house in which I was at work—they appeared to have been removed there to make a scaffold to get up to these tools—they could get these things by means of a ladder on the scaffold—I saw the tools all right about half-past 4 o'clock.
Cross-examined by MR. GIFFARD. Q. Did you look at them all? A. Yes; and packed them in the baskets—I did not take them away, it is our rule to leave them—I did not say I forgot them—I did not tell a person named Smith that I was not certain whether I lost them on Saturday night or any other time—I left thirty-seven or thirty-eight tools altogether—I have a distinct remembrance of this axe that day—I did not notice it on that Saturday—I know I put it away—I have not a more particular remembrance about that than the others—I put it away with the others—I put them all away—I know I put the axe with the others—I should say that of any of the others—I went about 6 o'clock on Monday morning, and the tools were all gone—they were in two baskets—they were both gone.
MATTHEW PEAK (policeman, A 134). The prosecutor came to the Post-office in St. Martin's-le-Grand and spoke to me—I waited till the two prisoners, who were at work there, came from dinner—Smith went on the platform—I saw him take up this axe—I called to him, and he went in the corner, and placed the axe in a dark place near the ceiling—I went and brought him down to the prosecutor—I requested him to bring the axe down with him—he said he had no axe, and had had none—I brought him down to the prosecutor, who explained the charge to him—he said he had lost his tools, and he had seen him with the axe on the platform—I asked Smith when he was at Northumberland-park; he said he had not been there since 6 o'clock on the Saturday—he had been at work for Mr. Pool—in going from the station to Guildhall, he called the prosecutor, and said to him, "John, you have lost your tools; you may have my tools, and I will make up the difference; I have got good friends, I will make you up the money for them, or the worth of them, if you don't come against me"—I think they were the words—when we got to the Court, Smith tried to get away from me—he struck me in the mouth, and tore two buttons off my coat—the other prisoner was at work on
the premises with him—Smith got up first on the scaffold and took hold of the axe, and was walking about with it—the other prisoner was getting on the scaffold—he did not touch the axe at all.
Cross-examined. Q. When you went there, Smith had the axe? A. Yes, he walked up and down with it twice—he could see me; he could not see the prosecutor, who was at the other end of the room till he came forward—Smith said to the prosecutor, If you have lost your tools you shall have mine, and I will make up the difference; I have got good friends; I will give you the money for them. "
Q. Are you sure it was not this, "I will give you any money, only don't let me be taken in custody?" A. It might have been that; they are both alike—it was, "John, have you lost your tools? I will make up the money to you, and you shall have mine;" it was something to that effect—the prosecutor said, "I will have nothing to do with it," and he went away from him.
JAMES RUSH (City policeman, 362). I was on duty at the General Post-office the whole of the day—I saw Smith with this axe in his hand after 1 o'clock—I saw him walk up the platform twice, swinging it about—immediately he saw me in uniform he placed it in the ceiling over his head—I told him to come down, and bring the axe with him—he said he had no axe—I said, "I saw you put it in the ceiling over your head"—he said he had no axe—I told him to come down, and Peak went and took the axe—I found on him four pawnbroker's duplicates for carpenter's tools, pawned previous to this robbery, 2 1/2 d., and a knife—while he was in the cell I heard him say to James, "If it had not been for that d——d axe, there would have been no evidence against us"—James made answer and said, He can't swear that he saw us put the axe in the hole above our heads. "
Cross-examined. Q. Where were you? A. Down-stairs, at Guildhall, standing against the door of the cell—the cell door has wires in front—they could have seen me if they had thought proper to turn round, but they were looking at the area.
Q. Did he say, "He can't swear he saw you put it there," or "us?" A. He said us—I will swear he did not use the word you, and he used the word d——d axe—(the witness's deposition being read, contained the following words: "Smith said, 'If it had not been for the axe there would have been no charge against them. 'James said, "He can't swear that he saw you put it there'")—what I now state is true—I stated before the Magistrate the same I do now—I did not notice that little difference in the deposition—Smith and James were in the cell—I am quite certain Smith said us.
WILLIAM LOCKWOOD . I am a labourer, and live at Tottenham. I saw the prisoners on the Saturday, at the new public house at Tottenham—we had some beer together—they were there about half an hour—it was about 7 o'clock in the evening—they afterwards went towards the railway station, as if they were going to Marsh-lane—that is about half a quarter of a mile from the house in Northumberland-park—while we were in the public house Smith said they were going to Mr. Pope's, in Marsh-lane, to pay their lodging—they afterwards said they were going to London, after they had been to pay their lodging, by the next train.
Cross-examined. Q. Is there any other person of your name in Marsh-lane? A. I do not know that there is—Marsh-lane is a country place; it
extends about half a mile from the top to the bottom—I do not know the name of everybody who lives in it—there are several new houses.
EDWARD BARR . I am a painter, and live at Edward-street, Bethnal-green. I was drinking with the prisoners on the Saturday night, between 7 and 8 o'clock, at the Northumberland Arms, Tottenham—they said they were going down to Mr. Pope's, to pay their lodging—I afterwards went by the railway—I saw the prisoners at the Tottenham station—it was about a quarter to 9 o'clock when they came to the Tottenham station, and they brought in two baskets of tools with them, and got into the same carriage where I was—I made the remark to them, "What, do you take your tools home every week?"—they made answer, "No, we don't take them home every week, but we have got a little job which will take us three days, and we shall return on Thursday"—I went to the Shoreditch station, and there got out.
(The prisoners' statements before the Magistrate were here read, as follows:"William James saith as follows: 'I went down there on Saturday afternoon, to see this man, meaning my fellow-prisoner, who is my brother; I saw him at Hope's, the beershop, a public-house, or whatever may be; I should not have gone, but Mr. Cufley asked me to go down, and I went to meet him; I had been two or three times, had given up going, and thought I would take another job; I certainly was down there, drinking with him, and one or two others; I left them at the public-house, and went to Pope's; I did not say I was going to pay my lodgings; I went to see my friend, as I knew he lived there—I went with him to my friend's, and he had a chip basket there; I came off with him, and he called at my house on Monday morning, between 10 and 11 o'clock, and said he could get a job at the Post-office, if I liked to go down; I said, "I will," and I went the next morning to work at the post-office; I had some work, pulling some ceiling rafters up. 'John Smith states as follows;' I have been at work at Tottenham Marsh-lane-park; I left the job, and went away four days before, and went to another job; I went to Edmonton to work; I left there on Saturday night; I took to Hope's, at the top of the park; I went to the Cross-keys, at the bottom of the Edmonton-road; I came back to the public-house, and saw some of my mates I had been along with at Tottenham Marsh-lane; I stopped there about three quarters of an hour; I said I was going to Pope's, to pay my lodging, and see for my tools; I left the painter, and said I should see him at the twenty minutes past 8 o'clock train, and I met him there; we left one another about 7 o'clock, or a little later; I came up to Shoreditch with him, with my chip basket and another basket; I left him, and I and my fellow-prisoner, my brother, went away together; I have been twelve months living at one place, at Somers-street, Back-hill, Clerkenwell, with Mr. Stewart, and never left home, and since that I lived there eight months; I have been six months living at Slade's-place, John-street; my brother has been convicted, has been out of work, and that gentleman has taken me for him.'")
MR. GIFFARD called JOHN COOPER. I am a bricklayer, and live in Somera-street, Backhill. I have known Smith two years—he has been a hard-working, industrious man—I never heard anything against his honesty.
Cross-examined by MR. PLATT. Q. How long ago is it since you saw him at work? A. I saw him at work about two months ago, carpentering work, for Mr. Bray—I give him a good character for two years—I never heard that he had been before convicted, to my knowledge, nor that he had been in custody, nor that he had committed any offence—to my knowledge I never heard it—I
know he has been at work off and on for two years—I have seen him in the intervals—he has been doing work at home, making tables and stools, and anything to support his family.
----WHALEY. I am a carpenter. I have known Smith two years and a half—I have known him all the time, an honest, hard-working man—that is the character which I have always heard of him.
Cross-examined. Q. How long is it since you knew him to be at work? A. I worked with him at St. Paul's, and several places—I think the last time I worked with him is about two months ago—I worked with him at St. Paul's about twelve months ago—I worked with him two years ago, up Maiden-lane way.
Q. Was it about two years next Nov.? A. I do not think it is so much as that—I do not know that he has been before in trouble, nor tried and convicted—I never knew anything of the kind—I call him an upright, honest man in what dealings I have had with him—I never knew he had been convicted, or anything of the kind—he works very hard.
JOHN ARCHILL (policeman, G 119). I produce a certificate of the conviction, of John James—(read—"John James convicted at Clerkenwell, on 17th Nov., 1851, of stealing one saw and other tools, and confined six months"—Smith is the man referred to—I have no doubt on the subject.
Cross-examined by MR. GIFFARD. Q. Were you about the Court the whole of that Session? A. No, I left the Court after the case was over—it was tried on Tuesday—I do not know that there was more than one John James tried at that time—I had not known the prisoner before I took him into custody in the month of Oct.—he was tried in the name of John James—that was the name he gave.
(MR. GIFFARD here desired a person named JOHN JAMES to be brought into Court.)
Q. Now look at this man, and see whether he was not the man that was convicted? A. He is something like him, but I do not believe it is the man—I think it was the other man, the prisoner—I cannot swear, but to the best of my belief the prisoner is the man.
MR. PLATT. Q. You just now said you had no doubt that the prisoner was the man; have you now any doubt that he is the man? A. I have none at all, though I see them both together.
MR. GIFFARD called JOHN JAMES. I was tried and convicted at Clerkenwell in Nov., 1851.—it was for having in my possession a hand saw and other tools—that was on Tuesday, 17th Nov.—I got six months' imprisonment.
Cross-examined by MR. PLATT. Q. What was the prosecutor's name in your case? A. I do not know the name of the prosecutor—I have forgotten that—I should know him if I saw him, but I do not know his name—it was for having in ray possession some carpenters' tools, planes, a saw, and ever so many chisels—it was on Tuesday, 17th Nov.—I cannot say who was the Judge who tried me—when I was taken into custody, I was down the first turning in Church-street, Shoreditch, just by Spitalfields—I was going along with the tools on my back—on Monday I was had up, and tried on Tuesday the 17th—the trial came on on Monday, and we had our trial put off—Mr. Payne the counsel defended me—I am brother to the prisoner called Smith—the party standing at the bar was taken after me—I only came up to say that I was committed for six months on 17th Nov.
MR. GIFFORD. Q. There were three prisoners, were there not? A. Yes;
I saw Archill there that day, and he gave evidence against me—I do not know the name of the learned Judge, who is presiding here to-day.
JAMES— NOT GUILTY .
SMITH— GUILTY . Aged 26.— Confined Six Months.
(The JURY stated that the former conviction was-not proved to their satisfaction.)
MR. HORRY conducted the Prosecution,
ROBERT NICCOLLS . I am a farmer and live at Kidwell-lodge, Black-heath; I occupy 160 acres of land, and I have a good number of meadows. On 4th of Aug., I had a bay mare and a black mare—I saw them safe about 8 o'clock in the evening in my meadow, at 7 o'clock the next morning I went round my farm and missed them—I sent to the police, and gave information—I came to Smithfield about 2 o'clock—I saw the two mares, they were led in together, the two prisoners were in possession of them—I went and told them I should put them in charge of the police the moment I could see them, for the mares were stolen from my premises—the black mare was taken away—I kept sight of the bay one remaining there—a gentleman sent me an officer, the mares were left in my care about a fortnight before—I saw the man who I supposed brought the mares, it was neither of the prisoners—I did not take the mares in; my man has left.
Cross-examined by MR. PAYNE. Q. Some person called on you to talk about what should be paid for the horses? A. Yes; 4s. a week was agreed, that would be 16s., that has been paid me; my man who took them in has left me—when I first saw the mares, they were together—I think they were both tied up when I went up to them, they were standing side by side—one of them was removed, but not from the market—I do not know Perkins, a butcher at Greenwich—the prisoners claimed these horses, and no one else claimed them that I know of—I missed them on the 5th Aug., and they had been previously a fortnight in my possession.
EDWARD HARDING (City police sergeant, 2). At twenty minutes past 2 o'clock on 5th Aug., I was sent for to Mr. Niccolls in Smithfield-market—he pointed my attention to a bay mare, which was in the possession of Harris—I asked Harris where he got it—he said, "I bought it last night of a man of the name of Robinson, a greengrocer at Deptford"—I asked what part of Deptford, and he could not tell me—I took Harris to the station—there was another man present at the station, and he said, in Harris's presence, that Harris bought it of a man of the name of Emerson, of Blackheath-hill—Mr. Niccolls asked Harris where the black mare was, and he said Crutch had it in the market—I went back to the market and saw the black mare, and Crutch was with it—Mr. Niccolls claimed it, and I took Crutch into custody—I asked him in the presence of Harris, if he knew where Harris bought the mare—he said he bought it of Perkins, a butcher at Greenwich, and Crutch said he had had the black mare since October last.
Cross-examined. Q. Where did this first part of the conversation take place? A. He said in Smithfield, that he bought it last night of Robinson; it was at the station that Jack Smith, the other man, spoke about its having been bought of Emerson—Harris told me who had the black mare—Í went with Jack Smith, and found Crutch with the black mare—I have not had anybody else claim the horse; the prisoners claimed, and do claim them
20 minutes to 10 o'clock, I was in Kid well-lane, I saw the two prisoners, they had a black and a bay horse with them—a third man was with them, who was riding one—I asked where they came from; Harris told me they had bought the horses and came that way the near way from Eltham, as it was getting late—I asked them how they got through the gate, knowing the gate to be always locked—it stands at the extreme point of Mr. Niccolls's farm—the meadow is on this side the gate—I had known the prisoners some time, and I let them go, knowing them to be dealing in horses—I have seen them about Blackheath these six years—I went to the gate and found it locked, and all safe—I saw the horses grazing in the field last Monday week.
Cross-examined. Q. Do these men let out horses on Blackheath? A. They drive donkeys and ponies, and ladies ride—I thought what the prisoners said was right, and I let them go—I have not heard any one claim these horses—there has been inquiries made, but no one has claimed them that I have heard of.
FRANCIS PERKINS . I am a butcher, and live in Church-street, Greenwich. I know both the prisoners; about two months ago I had a chesnut mare—I sold it to Jack Smith—Harris was with him at the time—they both went away before I was paid—Jack Smith paid me afterwards—I consider I sold it to Harris, but Jack Smith bought it.
Cross-examined. Q. Was Jack Smith a kind of broker in the business? A. Yes; that was the bay mare—I have known Harris a good many years, and never heard anything bad of him.
(The prisoners' statements before the Magistrate were ready as follows:—Crutch says, "They were our own horses, and were turned out at so much a week."Harris says, "They were my own property; I don't see that I have any right to be locked up. ")
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
GEORGE LEGG (City policeman, 440). In consequence of information from Mr. Fitch, I was watching the prisoner's premises—I went there at 5 o'clock in the morning on 16th June, and a little before 8 o'clock I saw the prisoner open the door, and look out up and down the hill—he went to the corner of Old Fish-street; he looked about there and came back—Mr. Fitch lives at No. 3, Old Fish-street-hill—the prisoner went inside his own door, and shortly after I saw Ingram, who was tried here last Session, bring a basket full of something with some shavings on the top; it was apparently very heavy—he rang the bell—the prisoner opened the door, and Ingram went inside the passage, and Ball lifted the basket from Ingram's shoulder; Ball and Ingram came to the door, and Ingram went away without anything—in the course of ten minutes Rolfe came, who was tried with Ingram last Session, Rolfe had nothing with him—he went into Ball's house with Ball—Rolfe then came out without anything, and went away—I waited there till half past 11 o'clock, during that time the prisoner came out three times—he came and looked about him, and went away for it might be an hour—he came back again, and then went out again—I saw him come in three times—the last time he went in he was followed by George Davis, who came out within five minutes afterwards with a parcel on his shoulder—it was in a wrapper, and corded—I followed Davis, he went up Old Change; there
Knight joined me—we went from there to the Red Lion, in the City-road; Davis went in at the public entrance leading to the bar—I went in at the private entrance at the side—I saw Davis speaking to two persons who were there; one named Fitch, and the other Griffin—Griffin went in the back yard, followed by Davis, without the parcel—that was left in the house—they came back again and took the parcel, and came out and went to Mr. Birkett's, a stationer's shop in Norton Folgate—Davis there put down the parcel, and Griffin took the cord and wrapper off, and handed them to Davis—they were then about to leave the shop, when I and Knight took them into custody, and the parcel—it contained these three reams of paper which I have here—I then went to Ball's house, I looked round it—I found there some books which I have here—some envelopes, and a few sheets of paper—I looked after Ball, but I did not find him in June—I continued to look after him—I found him at last on 20th July, close to Kennington-gate, coming from Brixton—I told him I had a warrant against him for receiving property belonging to Mr. Fitch, he said he knew nothing about it.
Cross-examined by MR. SLEIGH. Q. Do not several persons live in this house of Ball's? A. There are several persons go there; I believe he rents three rooms—I have seen several go in there—I found these memorandumbooks in the drawers in the front room on the first floor—when Ingram and the other man left I cannot say where they went to—Davis carried this bundle of paper; he is a witness here to-day—I followed him—I saw nothing more of Ball that day.
MR. ROBINSON. Q. How long had you watched this house? A. From May; I had seen the basket go there a great many times—I found the first floor front room—that was one of the rooms the prisoner rented.
JAMBS FITCH . I am a vellum ruler,-in the service of Mr. William Fitch, No. 3, Old Fish-street-hill, a wholesale stationer. I was directed by him to mark some paper—I marked all the paper in the stock, on the 10th, 12th and 13th June—these reams of paper are part of what I marked—this is what I marked them with—I saw these safe on 15th June, at 7 o'clock in the evening—they could not have been sold at that time—the other persons bad all left that day; they were all gone but me and the person who locks the shop up—I left him before he left the place—Rolfe and Ingram had no authority to take any paper away.
Cross-examined. Q. You marked on the 10th, 12th, and 13th, and this robbery took place on the 16th? A. Yes; I marked all that was left in stock—there was paper sold between the 10th and the 16th, but not of this kind—there were sales of paper made by Mr. Fitch's establishment—they were not made by me; they might have been done by other persons in the establishment—I have not brought the books here to show what was sold—several persons may make sales besides Mr. Fitch and me—they are not all here who may make sales—there is one here besides Mr. Fitch.
MR. ROBINSON. Q. Is paper ever sold in this condition? A. No; it is coloured before it is sold—we have all colours put on it, green, blue, pink, yellow, and others—we begin business at 9 o'clock in the morning, and close at 7 o'clock in the evening—I know nothing of this basket.
MR. SLEIGH., Q. Do you mean to say that paper in this condition is never sold under any circumstances? A. Not by a single ream; my employer has sold it to export stationers for exportation.
WILLIAM FITCH . I am a wholesale stationer, and carry on business on Old Fish-street-hill. I do not sell paper in the state this is—I have not sold any for exportation in this state—I recognize these books as having belonged to
me, this one in particular—it is part of a quantity I made to an order, and in consequence of something I heard I did not send them—they were for an American order, and are ruled for dollars and cents—a quantity was sold about four months ago, and at that time I missed 300 or 400 of the books—I made altogether about fifteen or twenty gross—I can recognize these envelopes as mine by the peculiar stamp on them—I sell these—I knew Rolfe and Ingram; one was an engineer, the other assistant engineer to Mr. Broad, a tenant of mine—the engine was on the ground floor at my premises—Rolfe was engineer, and Ingram the stoker—there was no direct access from there to my premises, but parties might get there by the means of some boards that were shifted—Rolfe and Ingram had no authority to take property from my premises to Ball's.
Cross-examined. Q. You never, under any circumstances, sell paper in this condition for exportation? A. No, I never do; if any person has said I do so it would not be the truth—I manufacture the paper—no person in my establishment could make that mistake—if any one came here and said so it would be a pure invention—I sold several hundreds of these books; I could not tell that this is not one that I sold—I recognize these envelopes being my own by this peculiar stamp—I have not got a patent for this stamp—the person who made my stamp very likely made thousands of others—I would not swear that these were mine.
MR. ROBINSON. Q. Have you ever exported any paper? A. I have;, foolscap paper, but not this sort—I sold these books to Messrs. Bainbridge and Co., of New York—I shipped them to New York—those which I sold like these I shipped to New York.
FREDERICK SNELL . I am a vellum-binder, in the employ of Mr. Fitch. I was watching his premises on 16th June—at half-past 7 o'clock I saw Rolfe come in the warehouse and take two reams of paper; he put them on his left shoulder and ascended up stairs—this is one of the reams—I helped to mark, them—I do not know where Rolfe went; he had his shoes off, and was in his shirt sleeves.
SAMUEL EVANS . I am a constable, of the City of London. On 16th June I was watching in the engine-room at Mr. Fitch's—I saw Ingram go in the engine-room with an empty basket of this description—Rolfe then came out and removed a large basket of shavings into the room—Ingram then came out with a basket similar to this, apparently full of shavings, and Rolfe assisted him with it on his shoulder—it appeared heavy—I followed him to No. l, Old Fish-street—the private door is on Lambeth-hill—from the weight of the basket I suspected it was more than shavings it was filled with—it was very heavy—I saw Ingram bring an empty basket in, and the same basket was brought out with something very heavy in it—I went to Ball's house, and found this basket on the leads outside the window, at the first floor—it had some shavings in it.
GEORGE DAVIS . I am a porter. On 16th June I was in Thames-street—the prisoner came between 10 and 11 o'clock; he asked if I would carry a parcel to the Red Lion in the City-road—I was to carry it and meet Fitch there, and Fitch was to give me a shilling for it—I knew Fitch before—I consented, and went with the prisoner to his house—I saw him in the room; he gave me a parcel, I took it away—I could not tell what it was—I saw it afterwards undone at Birket's, and there were three reams of paper in it—I took it to the Red Lion, and there met Fitch and Griffiths—I carried it, by their direction, to Birkett's, and the officers came there and took possession of it.
Cross-examined. Q. You had known Ball before? A. Yes; he met me in.
Thames-street that morning, and he spoke to me about the parcel—he said he could not go with it himself, and the parcel was at his place, and I was to go and take it—there was no concealment about it—the prisoner did not go outside the door and look about when I took it away.
MR. SLEIGH to GEORGE LEGG. Q. Do you know the prisoner? A. Yes; I cannot prove that he has been charged with any dishonest action—I never knew him to do any work.
MR. ROBINSON. Q. Do you know anything at all about his moral character? A. I do not; I have watched his place since May, and seen a great many parties go in there at all times, and seen him at all times—I have seen this basket taken in there full by. Ingram a great number of times—I think I saw it seven or eight times in May and June—several persons live in the house.
GUILTY . Aged 45.— Confined Twelve Months ,
THIRD COURT.—Wednesday, August 17th 1853.
PRESENT—Mr. Ald. COPELAND; Mr. Ald. HUMPHERY; Mr. Ald. SALOMONS; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Seventh Jury,
GUILTY . Aged 16.—Strongly recommended to mercy,— Confined Three Months.
YATES pleaded GUILTY . Aged 17.— Confined One Month ,
(Her mother engaged to take charge of her.)
MARY ANN KEMP I am single, and live at No. 10, White Rose-place. On Friday, 1st July, between 9 and 10 o'clock in the rooming, I went out, and left my place quite safe—I had locked the door—I returned about half-past 10 o'clock in the evening, and found the staple of the door drawn, and the padlock hanging on the post—I missed five petticoats, a. silk handkerchief, a cloak, a bonnet, two pairs of boots, four German metal spoons, and other articles—on the following Monday Royal was pointed out to me; she had my frock and boots on—I followed her to her mother's place, and gave her into custody.
WILLIAM EDWARDS (City policeman, 114). Royal was given into my custody at her father's, No. 2, Colley's-court, Golden-lane—I told her the charge; she said she bought the ticket of Louisa Yates—I found Yates there, pulling off the things belonging to the prosecutrix, and putting her own on; I took her to the station.
ROYAL— NOT GUILTY .
MR. HORRY conducted the Prosecution.
JOHN HOLMES . I am a private of the first battalion of Grenadier guards, at the Wellington-barracks. On 23rd July I was passing along George-street, Ratcliff-highway, and saw the prisoner pick a gentleman's pocket,
and run up the street—I spoke to the gentleman, and then followed the prisoner—two persons seized him—I got up to him, and he said, "Pray let me go"—I saw the handkerchief pass from the prisoner to the owner.
PEARCE DRISCOLL . I am constable of Wellclose-square. I saw the prisoner on his back, and the owner of the handkerchief had hold of him—he went to the station, and gave the prisoner in charge, but was obliged to go away.
GUILTY . Aged 18.— Confined Six Months.
MR. LILLEY conducted the Prosecution.
JOSEPH MARSHALL (City policeman, 461). About 10 o'clock at night, on 2nd Aug., I was in Holborn, in plain clothes—I saw the prisoner walk close behind Mr. Hayward, draw a handkerchief out of his pocket, and throw it smartly under the left flap of his jacket—I went behind him, threw my arms round him, drew the handkerchief from his breast, and the gentleman claimed it.
Cross-examined by MR. PARRY. Q. Have you had any quarrel with the prisoner? A. Never; I have never threatened to give him three months—I had never seen him before.
HENRY HAYWARD . I am a City Missionary, of Victoria-terrace, Victoria-park. I was in Holborn, and felt two tugs at my coat pocket; I did not turn round, but the prisoner passed on my left side—I went to him, and before I reached him a constable had hold of him, and drew this handkerchief (produced) from his pocket—it is mine, and the one I lost.
GUILTY .** Aged 22.— Confined Nine Months.
MESSRS. ROBINSON and LILLEY conducted the Prosecution.
BRIAN CLIVE (City policeman, 251). On Saturday morning, 23rd July, about a quarter to 2 o'clock, the prisoner came to the station, and stated that he had stolen two horses, sold them, and converted the proceeds to his own use, which I think he said was 25l.—I held out no inducement to him to make that statement.
Cross-examined by. MR. PARRY. Q. Did not he say he was entrusted with two horses to sell? A. Yes, and that he had sold them, and converted the proceeds to his own use—he did not say anything about not paying over the money—I am quite sure he used the word "stolen"—he spoke English, so that I could understand him—he came up and said, "I have stolen two horses, and I give myself up."
Q. Did not he say he came about two horses which were stolen? A. Yes.
LOUIS MARIE BERQUER (through an interpreter). I keep an hotel at Calais, and am living in Bartholomew-close, London. I know a person named Pincombe—I sent a black horse, a roan mare, and a chestnut gelding to his farm in June or July—I went with them—it was the chestnut horse that I afterwards missed—it was ill, and I sent it to be cured—Bayley and another man were with me—Bayley has but one eye—the prisoner went with us, and took the gray mare with him—I never intrusted the prisoner to sell horses for me—I did not intrust him to sell the chestnut horse—I once sold a horse at Dixon's repository, and employed the prisoner as interpreter—I paid him for his services—he received half a crown from me, and half a crown from. Houghton—I never authorized him to receive money for me.
Cross-examined. Q. Did not you agree to give the prisoner 8s. for every horse he sold? A. No, he only had to interpret about one horse, and I gave him half a crown—I and Kesterman did not employ him for a whole month—the prisoner took a gray mare down to the farm for me—he did not fetch it up again, and sell it to Mr. Hope for me.
LAMBERT JAQUES KESTERMAN (through an interpreter), I live at Tournay, in Belgium. I knew the prisoner for eight or ten days—he took a bay mare to Mr. Pincombe for me on a Saturday, and when I arrived in England again persons came to the boat, and told me that the bay mare was stolen—I had never authorised the prisoner to sell it, or to receive money for me—Mr. Pincombe had instructions before I left England to sell the horses if anybody came about them, in which case he was to give me the money.
Cross-examined. Q. Did not you employ the prisoner for more than a month? A. No; I paid him 2s. or half a crown for taking the mare to Pincombe's.
MR. LILLEY. Q. Did you ever employ the prisoner except in sending him with that bay mare? A. Never.
GEORGE PINCOMBE . I live at Acton. On 10th last July I received a bay mare—I did not know whose property it was, as I could not understand the party, but the prisoner, who came with him, acted as interpreter, and told me to take it down to grass, and it was to bide till Tuesday—on the Tuesday the prisoner came down alone, and took it away, and a chestnut horse also, which Berquer owns, but I did not know whose it was till after it was gone.
Cross-examined. Q. Were the shoes to be taken off the bay mare? A. Yes; if she was not fetched by the Tuesday the shoes were to be taken off, and she was to be turned out to grass, but the prisoner fetched her away on the Tuesday—I had seen Kesterman and Berquer before, but had had no dealings with them; I had four horses of theirs—the prisoner came backwards and forwards three or four times to see that the horses were going on all right, and to give me directions—he brought down a gray mare with Berquer, which was afterwards taken away by Berquer's interpreter after the prisoner had gone—I dealt with the prisoner as the agent of the prosecutors, he gave orders as to the horses' shoes, and when the grass was getting rather short, he gave me orders to put them in a fresh field—he sometimes brought three or four people down, besides Kesterman and Berquer—I have a man there to attend to the horses—this matter was investigated at the time, a year ago, before Mr. Alderman Humphery, and it was dismissed—my man was examined before the Magistrate, and his wife as well—I have not been asked by the prosecutor to bring up the man and his wife now; they told me I was not to do so—my man used to look after the horses in my absence, and if the prisoner came down in my absence my man and his wife would be able to speak to that, and they were examined before the Alderman.
MR. LILLEY. Q. What charge was it that was made before? A. I cannot say now, it is twelve months ago—I cannot say whether it was a civil proceeding—I went before a justice; it was a charge of conspiracy—different people told me about my man and his wife not being required; I cannot point out the person—I do not see him here, I do not know him—the prisoner has been down three or four times by himself—I cannot undertake to say whether he has been there more than once with Berquer—the horses' keep has not been paid for—Mr. Berquer paid part for the other horse.
MR. PARRY. Q. Did not you at one time sell a horse for these parties? A. I sold one for Kesterman to a person named Otho; I paid the money down to Kesterman and the prisoner, but which of them took it I cannot say.
HENRY AUGUSTUS HOPE . I live at No. 9, Surrey-place, Old Kent-road. I purchased a strawberry coloured mare in July, in the presence of the prisoner, who was in company with Kesterman—I believe Kesterman could not speak English; I heard him speaking French to the prisoner, and perhaps half a dozen other Frenchmen; they all seemed together—there were several Englishmen looking on—I purchased the mare for eighteen guineas, with a reservation that I was to give 10s. commission—I purchased a bay mare afterwards, on Tuesday, 13th, at the prisoner's recommendation; he said he was requested by Berquer and Kesterman to sell me that and a chestnut horse, that they were on the Continent purchasing horses, and if I would take the bay mare at the price he offered I might—I purchased her, paid him the money in gold and silver, and took a receipt, which was in the solicitor's hands, at Guildhall, twelve months ago; but I paid him for the chestnut horse in three small checks—in July I was at Rymer and Sower's, late Dixon's—the prisoner was there, in company with Berquer—he showed me three or four horses—I cannot speak French.
Q. On 3rd July, did you purchase a horse or a gray mare? A. Yes, and I offered him the cash, fifteen sovereigns—he said he would not take it, because if he did Rymer and Sower would not take it, and I had better pay the money in the office, which I did—I paid 12l. for the chestnut horse.
Cross-examined. Q. Did you undertand, on the Saturday, that Berquer and Kesterman were going on the Continent to buy horses? A. The prisoner said so; and that if I did not purchase it then, he thought I should lose it, and I said I would not give any more—when I went to the Repository in Barbican, the prisoner showed me various horses in the presence of Berquer—I was there the best part of half an hour, and the horses were trotted up and down—I did not know whether he was principal or agent, for they both had blue frocks on—while they were trotting and showing the horses, I heard Berquer talking to him about them—it was the prisoner who first sought me out as a customer; he came to me by himself about the horses more than once—on one occasion I said I could not lose my time by going to Dixon's, but if be could bring the horses to Smithfield I would look at them, and he brought the strawberry and the bay mare on Saturday, the 10th—he was by himself when he first brought them, and when he brought them again he was with Kesterman and Berquer—I have seen him in their presence three or four times—I never frequent Dixon's repository—I saw him altogether half a dozen times, because he importuned me to buy many horses; if it had not been for him I should not have bought the strawberry mare—I offered him the money in Long-lane; Berquer saw that—the prisoner told me, if I did not like the bargain, if I brought it back and would lose a sovereign he would take it back—if a dealer comes from abroad and has one or two horses left, it is preferable to get rid of them—he said he was to remit the money to them in Belgium—I could not pay him, as the Bank had closed, and I said he must wait till next day—I told him to take the chance and go to Hill's bank to get the cash, and he said he would do so—before the Alderman a claim was made for the horse under the Police Act, and the bank clerk was called—I was examined at length, and the claim was not entertained.
MR. LILLEY. Q. Did I understand you, that when you bought the bay mare Kesterman was present? A. No; I bought that on Tuesday, the 13th; they were both on the Continent then, I was informed—I should say the keepers of the repository are entitled to a certain commission when horses are sold—Kesterman was present when I bought the strawberry mare.
MR. PARRY to L. M. BERQUER. Q. When did you leave England last
year? A. In July, but I do not know what day of the month; it was on a Saturday
NOT GUILTY .
MESSRS. BODKIN and PAYNE conducted the Prosecution.
RICHARD REASON (police inspector, A). The prisoner held an appointment in the Police, as inspector of common lodging houses in the K division—it was his duty to inspect daily, or nightly, the common lodging-houses in that district—his travelling expenses were allowed him, and certain other expenses when away from home—he sent in his account weekly to me, and if it was correct, it was my duty to sign it previous to the money being received—in his expenses for June I discovered an overcharge, and sent for him specially, having known him some time, and knowing that he had a wife and family—I told him I must caution him that it must not be repeated again, or I should be obliged to lay it before the Commissioners—on Monday, 18th July, I found an overcharge in his account, and on the 20th, when he came, I sent for him, and told him I should be obliged to lay the complaint before Captain Hay, and I did so that day, and afterwards told the prisoner that he would stand suspended from that day till the next day, when he would have to appear before Captain Hay—I was particularly careful to speak mildly to the prisoner; I said, If you please, you will have to attend"—this took place in the Old Palace Court, Scotland-yard—the lodging house place is three houses further on—I went to the lodging-house office, and about eight or ten minutes afterwards, as I was standing with my back partly towards the door and my face to the window, paying some expenses, received two blows, from whom I cannot say, but I had beard the door open before that, saw the prisoner come in, and then resumed my position, with my back towards him, and about a minute afterwards I received the blows; the first was on my shoulder, and the second on my temple; I put up my hand and missed my eye—I said, "My eye is gone," and I ran out of the room, and was taken to the hospital—I am still under medical attendance.
Cross-examined by MR. O'BRIEN. Q. How long has the prisoner been in the force? A. About four years—he was one of those appointed to attend at the Great Exhibition—I think he was appointed merely because he understood French, but I have every reason to believe his character has been good—he has been a sergeant nine or ten months—visiting lodging houses is very troublesome, and most disagreeable; I have visited them frequently—I saw him in a state of excitement, and therefore I spoke mildly.
JAMES HUMPHREYS (police inspector, A). On 20th July, I was at the common lodging house office, and saw the prisoner come in at about 20 minutes to 1 o'clock; Inspector Reason was standing at the further end of the room with his face to the window; the prisoner went behind him and levelled a blow at his head with a truncheon, which he drew from his pocket; he followed up the blow two or three times—I called to the inspector who was sitting between me and him, and he assisted in securing the prisoner—Price took the truncheon from his hand, and he said he had had his revenge, and said, "Do what you like with me, I shall get justice."
Cross-examined. Q. Did not he say,"I did this to get justice?" A. No, not then; he said so afterwards, in answer to a question put to him by Colonel Pascal.
staff from the prisoner; he said, "I have had revenge now, I shall have justice, do what you like with me."
JAMES KIRBY (police sergeant, A 53). On the day in question, about a quarter past 12 o'clock, I was standing in the clock house Scotland-yard, the prisoner came up to me and said, "Sergeant Kirby, I wish you would lend me your truncheon, I have not my own with me, and the skirt of my coat will not sit properly without it"—I lent it to him.
CHARLES STUART WATKINS . I am house surgeon, at Charing-cross Hospital. Reason was brought there on 20th July; I examined him, and found a lacerated wound over the right eye; there was a great deal of hæmorrhage, and a great deal of swelling—it was doubtful at first whether the eye was not gone altogether, but I do not think now that he will lose his sight—the wounds were such as might be inflicted by a truncheon.
MATTHEW FRENCH WAGSTAFFE . I am surgeon to the "L" division of police. I attended Inspector Reason-from 20th July; he is under my care now—his eye is much better, but it is very dull—he is not well in health yet, he is occasionally giddy.
(The prisoner's statement before the Magistrate was here read as follows:"The reason I have taken this course is, because I should not otherwise have got justice; I am very sorry the like was done, but what was I to do? I should not have got any justice; I was the only Irishman among them, and they would not let me rob the public. "
GUILTY . Aged 30.—Recommended to mercy by the Jury and the Prosecutor.
Confined Two Years ,
MESSRS. BODKIN and COOPER conducted the Prosecution.
THOMAS MONAOHAN (policeman, D 32). On 15th July, I was on duty in plain clothes in Westbourne-park-road, Paddington, and saw the prisoners and another loitering about; I watched them up the Harrow-road, into Johnson's mews—Joseph came to me and asked me if I had a lucifer; I told him I had not—he went away into the mews and whistled—I followed him and saw Benjamin and another man on the wall at the rear of the public house, and asked what they were doing—Joseph never said a word, but pulled a chisel from his pocket and struck me on the left side of the head with the iron end of it, twice—it cut me in two places, and the blood flowed—I took hold of him, and called, "Police!" and Benjamin and the other man came up to me, and each struck me with a chisel; the right side of my head was cut open, and the doctor afterwards took two pieces of bone out—the two prisoners gave me three wounds—a constable came and took Joseph into custody, and Benjamin was taken afterwards—I took this chisel from Joseph (this being produced was about a foot and a half long)—Joseph also struck me with his fist on the side of my head—a doctor came to the station and dressed my wounds—the other chisel was as large as this one.
Cross-examined by MR. PAYNE. Q. Is the mews a place where people can go to make water? A. They are not allowed to do so, but they might—the wall is five or six feet high; it is not nine feet—it is higher than I am, but not twice as high—it leads to a mews at the back of the Ben Jonson—I did not see the men climb on to the wall—I have not examined it to see if there is any way for them to have got up—I saw no ledge—they must have climbed right up the wall—I swear that Joseph came up and struck me
before anybody else touched me—I did not seize him after the other men had struck me—I did not search either of the other men or tell them I would search them—I told them I was a policeman—I had never seen either of them before to my knowledge—I never let go of Joseph while the other men were striking me, not till the policeman came up.
MR. BODKIN. Q. Was there a gas lamp there? A. Yes, nine or ten yards off—I noticed at the time the peculiarity that there is about Benjamin's eyes—there was a yard and houses on the other side of the wall—if persons got over the wall they would be in the yard of the public house.
ALFRED CRITTALL (policeman, D 239). About half-past 1 o'clock, on the morning of 15th July, I was on duty in Westbourne-gardens, and heard a cry of "Police!" in the direction of Johnson's Mews—before I got there I saw two men run away, but did not see their faces—I found Monaghan there and the prisoner Joseph—they had hold of each other—Monaghan said the men had struck him with a chisel, which I saw he had got, and I found another chisel about five yards off—as I was going up to them I saw Joseph strike Monaghan twice on the side of the head with his fist—Monaghan's face was covered with blood—I took Joseph into my custody, and told him he must go to the station—he did not say a word—I saw several marks of blood on his jacket.
Cross-examined. Q. Did you see Monaghan close to him bleeding? A. Yes; I did not see him wipe his hands on Joseph's jacket—Monaghan walked a few yards behind us to the station, but nothing was said by him or Joseph—Monaghan did not say he could not let go of him, there was somebody behind.
FREDERICK COOK (police sergeant, D 7). On Wednesday, 10th July, I went to a beer shop by the House of Detention, in search of a person who Monaghan had described to me—I saw the prisoner Benjamin at the bar, took him into custody, and told him the charge—he said he knew nothing of it—I said, "Do you know the name of Holyoak?"—he said, "I know no such name"—he said he had come to the House of Detention to see a brother, who was there for assaulting a constable.
Cross-examined. Q. How long after the transaction was this? A. Five days afterwards—he was sitting openly in the beer shop.
PETER ROE , M. D. I am a surgeon, of Porter-street, Paddington. About 2 o'clock in the morning I was called up to see Monaghan, and found two large wounds on the fore part of his head bleeding copiously—one of them was four inches long partly incised and partly contused; it indented into the bone—the other wound was similar, but not quite so long—they were the result of violent blows—I only saw him that night—I did not continue to attend him.
HENRY ANCELL . I am surgeon to this division of police. Monaghan came under my charge on the morning of 16th July—I found three wounds, partly incised and partly contused, of a very severe character—they were attended with danger to his life, and might be produced by this chisel—a portion of bone came away from one of them—the bone had evidently been struck by the chisel.
MR. PAYNE called
MARY ANN ROUSE . I live at No. 30, Long-alley, Sun-street, Bishopsgate. I have known Benjamin Holyoak about two months—I first heard of his being taken the week before last; his father came down and told me of it—I am his young woman, I suppose you will term it—I met him on Thursday, 14th July, at half-past 8 o'clock in the evening, and we went to a concert
in Shoreditch somewhere, but I am a stranger in London—we came away at 12 o'clock, and went into two other houses on our way home; the last was the Crown and Shuttle, in Shoreditch—we separated at a few minutes to 1 o'clock, at the corner of Sun-street, Bishopsgate—I do not know "Westbourne-terrace at all.
Cross-examined by MR. BODKIN. Q. How old are you? A. Turned twenty—I came up to London from Bristol at Whitsuntide, with the intention of stopping—I have been supporting myself at trowser work—I became acquainted with him at the concert room (where I went with a woman and her husband), and he asked me to meet him again—I was with Mrs. Talbot, I live with and work for her—I saw her and her husband to-day—there was no one else at the concert that I knew; I know no one else in London—I am not the prisoner Benjamin's wife; I have not passed as such—I did not apply to come into this Court, and when I was refused say to that man (one of the door keepers) that I was the wife of one of the prisoners—I never said such a thing to him, on my oath—I asked him if I could come in, and said I was a witness—he said, "Are you any relation?"—I said, "No"—I only know the other prisoner by seeing him about twice with his brother.
MR. PAYNE. Q. What time did you leave Mr. and Mrs. Talbot? A. A few minutes before 12 o'clock—they went straight home, and left us alone together.
COURT. Q. Were you examined before the Magistrate? A. No.
MR. BODKIN called
Cross-examined by MR. PAYNE. Q. I suppose you knew that if she was his wife, she could not be a witness? A. I did not know that; I have not been at this Court long.
Q. Might not you mistake the word "witness" for wife?" A. I understood her "witness" as well as "wife"—I might be mistaken, but to the best of my belief, I decidedly heard those words from her—I am very frequently found fault with for not letting in the wives of prisoners.
JOSEPH— GUILTY . Aged 25.— Transported for Seven Years. BENJAMIN— GUILTY .** Aged 34.— Transported for Ten Years.
WILLIAM CROW DAWSON . I am shopman to George Wortley Emery, of No. 43, Farringdon-street. On Tuesday, 12th July, there were some pieces of printed cotton tied to a chair, outside the shop—I heard something, ran out, and saw the prisoners turn into Plumtree-court—I went and accused Thompson; she said she had nothing—Í saw her drop the print behind her, and took her back to the shop, and the prisoner Bryant followed.
WILLIAM LEE (City policeman, 255). I took the prisoners to the station, and heard something drop from one of them; I cannot be positive which, as they were both standing close together, but I found two pieces at Bryant's feet, and this little piece of print under the settle close to her—I did not see Thompson make any move, but Bryant seemed to be stooping down.
Emery's shop with two children, walking up and down, and saw the prisoners watching me very much—I went and stood at the corner of the pavement, then turned round, and saw them both standing close together, taking the print from the chair—one could not help knowing what the other was doing, and they both ran away together.
BRYANT— GUILTY . Aged 19.— Confined Six Months.
THOMPSON— GUILTY . She was also further charged with having been before convicted.
** Aged 20.— Confined Twelve Months.
909. THOMAS LEWIS and FREDERICK GUARD , burglariously breaking and entering the dwelling house of Edward James Burch, and stealing therein 2 miniatures and cases, 1 watch chain, and other articles, value 12l., and 6 quarter guineas, his property.
MR. THOMPSON conducted the Prosecution.
ABRAHAM MARTIN (policeman, E 113). On the morning of 25th July, about half past 2 o'clock, I was on duty in Great Russell-street, and saw a light burning in the first floor front room of No. 35—I waited a short time, got three constables, we gave an alarm, and Mr. Burch got up—we found one of the windows half way up, and the middle square broken close to the hasp—the persons had got away when we gave the alarm.
EDWARD JAMES BURCH . I live at No. 35, Great Russell-street, Bloomsbury, a corner house; I am a hosier. On 24th July, I went to bed about 11 o'clock, leaving all the doors and windows firmly secured—I was awoke between 2 and 3 o'clock in the morning, and found the drawing room window broken, and one of the fastenings undone, in which way I imagine an entry had been made; the other window was open, by which I think the parties had escaped, because the lead of the waterspout was bent—I missed a miniature, a gold chain and locket, six gold guineas, and a variety of other things, which had been lying on a table in the centre of the room.
WILLIAM BAKER . I am a watchmaker, of No. 25, Long-acre. On 25th July, about 9 o'clock in the morning, the prisoner Lewis came to my shop, and offered me two quarter guineas for sale—I said, "Where did you get them?"—he said he had picked them up in Broadway, Bloomsbury—I said, "Where is the purse?" (nothing had been said about a purse); he said, "There was no purse"—I said, "There was more than this," and he put his hand in his pocket and took out two more—I said, What did you do with the purse?"—he said, "I throwed that away, it was no good"—I said, You have stolen these, you must go with me to Bow-street," and took him there.
HENRY BINGHAM (policeman, E 153). On 25th July, I was on duty in Bloomsbury-street—about 1 o'clock in the morning I saw both the prisoners,. who I had known some time, and another man, close to Mr. Burch's house—they went down Great Russell-street—about a quarter to 2 o'clock I saw Guard, and a man who is not in custody, close to Mr. Burch's house; they both went away towards Bedford-square—about half past 2 o'clock I saw the prisoners and the other man close against Mr. Burch's house; that was about ten minutes before the alarm was given—Guard and the third man came up Bloomsbury-street towards me, and passed me in George-street, but they went into Oxford-street first—they separated at Church-lane, which runs out of George-street—Guard went up Church-lane, I went up New
Oxford-street, came into Arthur-street, which the other end of Church-lane comes into, and saw Guard meet Lewis—I ran after them into Carrier-street, and lost them—all this was before the alarm was given—a constable came and spoke to me, and I went to Mr. Burch's house, and saw one window broken and the other open—I took Guard about 9 o'clock in the morning; I knew that Lewis had been taken about five minutes previously—I told Guard the charge—he said he knew nothing about it.
Cross-examined by MR. LILLEY. Q. How long before had you seen Guard? A. I have been in the habit of seeing him for the last two years, and have spoken to him many times—I saw the light at No. 35; I was in company with Martin—I am quite sure I saw the prisoners together before the alarm was given—the last time I saw them they were together—I have been seven or eight years on that beat.
JAMES BROWN (policeman, F 142). I took Lewis, on 25th July. I got these four gold coins (produced) from Mr. Baker—I asked Lewis where he got them; he said he picked them up in Broad-street—I know the prisoners, and have seen them both together—I went to Mr. Burch's, and found the first floor window broken—I examined the edge of the window, and on the dust were marks of corduroy trowsers—Lewis had corduroy trowsers on.
LEWIS— GUILTY . Aged 16.
GUARD— GUILTY . Aged 22. (Lewis was further charged with having been before convicted.)
WILLIAM SMEE (policeman). I produce a certificate (read: "Westminster, Feb., 1853, James Day, convicted on his own confession of stealing gutta percha. Confined three months")—I was present—Lewis is the person.
.— Transported for Seven Years.
(A policeman stated that Guard was sentenced to two months, in June, 1853, for breaking a square of glass to get in at a window, and had also been sentenced to one month for being found over a high wall with a like intent.) GUARD— Transported for Ten Years.
OLD COURT.—Thursday, August 18th, 1853.
PRESENT—Mr. BARON PLATT; Mr. Justice TALFOURD; Mr. Ald. FAREBROTHER; Mr. Ald. COPELAND; and Mr. Ald. MUGGERIDGE.
Before Mr. Baron Platt and the Fourth Jury.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
JAMES GREEN . I am a plumber, and live in Brindley-street, Harrow-road. On Saturday night, 25th June, about half-past 10 o'clock, I was in Dudley-grove, at the corner of Dudley-street, Harrow-road, with my wife—there is a pickled-eel stall there—I had some eels—the prisoner was standing at the stall—he dropped a basin accidentally, and when it was down he put his foot upon it, and broke it on purpose—it was a basin that he had been eating the eels out of—he then asked for some more eels—the man wanted the basin—the prisoner said he had not got it—there were three others in company with
the prisoner, and they all said they had not seen it—I told the man that kept the stall that the prisoner had dropped the basin accidentally, and broken it for the purpose—I saw him with his foot upon it, and I said to the prisoner it was a pity he should rob the man out of a paltry penny basin—he asked me what business it was of mine, and called me a b——snot—he then picked up a basin off the stall, walked round the stall, and threw it at me; it struck me in the eye—I was about four or five yards from him at the time—directly he had heaved the basin at me, he rushed in at me, and pulled me down; and while I was down, he got his thumb in the corner of my eye, trying to gouge my eye out—I pushed him off as well as I could, and got up—he ran in at me again, got me down, and tried the same thing over again—he had his finger in my eye, and my eye was nearly out; and after I stood up, he clawed at my eye twice with his open hand—I cried out, and somebody came and pulled him off me—the basin he threw at me was shattered into many pieces; it cut me all round my eye; a piece of the bason was taken out of my eye—I shall never see so well as I did before—I had not said or done anything to provoke him—I had never seen him before—I was quite sober—my wife and I had been to market, I had but one pint of beer the whole evening—the prisoner was taken into custody by an officer, and he was very glad to go.
Cross-examined by MR. PARRY. Q. Who was? A. The prisoner was, because there were so many persons at him; this was about half-past 10 o'clock at night—the prisoner and his companions had been drinking, but they knew perfectly well what they were about—I did not observe that they had been drinking till afterwards—they were joking one with the other—it was Saturday night—I said to him, "It is a pity to rob the man of a paltry penny basin"—I do not remember that I offered to pay for it myself; I would not be sure about that—I did not speak until I found they would not acknowledge having broken it, and said they did not know where it was—I do not think they were drunk—my wife did not say a word.
COURT. Q. When you used this expression about robbing the poor man of a penny basin, did the prisoner instantly seize up another basin? A. Yes; he called me a b——snot for interfering, and asked me what business it was of mine—the basin was standing on the board; he took it up, walked round the end of the board, and threw it at me—just before he threw it, the stall-keeper said to me, "Never mind the penny basin, young man; it is not worth while to interfere; don't you interfere"—I did not say a word after that.
JOHN LAWRENCE . I keep a stall, and sell pickled eels, at the corner of Dudley-street, Harrow-road. On the night of 25th June the prisoner and two others were at my stall—they had 1d. worth of eels each—they were talking and joking with each other, and one of them dropped the basin, and called for another 1d. worth of eels—I asked him for his basin—he said he had not got one—I said, "I heard a basin fall, one of you gentlemen dropped one"—one said he had not dropped one, another said he had not, and the other said he had not—the prosecutor was behind the stall, and he said, "I don't like to see a poor man in the street robbed of a penny basin; that it the gentleman that broke the basin," pointing to the prisoner, "and if he has not a penny to pay you for it I will pay you for it for him"—I said, "Never mind, young man, don't you interfere; very likely they will pay me for the 1d. basin"—I did not hear him say any more after that—he had three chain with him—he was taking them up, and was going away, and just as he got to the corner of the street two of the prisoner's friends rushed on him, and struck several blows at him, and the prisoner walked round the board and
threw the basin at him—I saw him do it—he threw it hard at him—I did not see what occurred after that, I was forced to attend to my stall.
Cross-examined. Q. If I understand you rightly, the basin was not thrown until two of the prisoner's companions were in a scuffle with the prosecutor? A. Yes; up to the time of the prosecutor's interference the prisoner and his friends seemed to be in a good humour—they were laughing and joking together—they seemed as if they had been having a little to drink—there is a public house near my stall—I do not know whether they came out of there.
GEORGE MARSH . I live in Dudley-street. On 25th June I was in a beer shop at the corner of Dudley-street—I heard a cry from a female, and ran out directly—I saw the prisoner striking at the prosecutor three or four different times—I did not take much notice of that, not knowing which was in fault—the prosecutor turned his face towards me, and I saw it was all in a gore of blood—the prisoner had his hand on the prosecutor's face, with one finger in his eye—I heard the prosecutor halloo out, "Oh! oh!"—I rushed up, and pulled his arm away—I was then pushed away myself, and he rushed at him again, caught him by the face again, and said, "I suppose you want a pearl, don't you?"—he was then in the act of throwing him—I rushed up as well as I could to part them, and we all three went down together—in trying to get up I was pushed down again—I scrambled up as well as I could, and saw the prisoner running round the corner by the beer shop—Lawrence and a great number of people were following him—I got on my legs and followed him, and we caught him at the butcher's, a policeman came up, and he was given into custody—as soon as the policeman came up somebody knocked his hat off—the prisoner ran very fast; he did not stagger; he ran as well as I could.
Cross-examined. Q. By the expression "Do you want a pearl?" you understand "a throw," do not you? A. That is a way of speaking in low life; I do not say that was his meaning; I thought it was—I have heard others use the same term with that meaning, when they have been larking—I do not believe I have ever used it myself—when two or three have been larking together I have heard it said, "Give him a pearl," and I understood it to be a throw.
HENRY LARGE . I live in Bell-street, Marylebone. I saw the prosecutor at the eel-stall on this Saturday night, and saw the prisoner throw the basin at him—he had offered to pay for the basin for him if he had broken it—the prisoner's two friends that were with him took offence at that, and one shoved him, and the other struck him, and the prisoner came behind the stall, took a basin, and threw it at the prosecutor; it caught him in the eye and nose—they got on the ground, and while they were on the ground the prisoner had him with great force, as if be meant to turn his eye out.
HENRY BULLOCK . I was house surgeon of St. Mary's Hospital on 25th June last. Green was brought there about 11 o'clock at night—he had a wound on the left lower eye-lid, and another smaller one below; there was a great deal of bruising round the eye itself, and the left eye was rather more prominent than the other—there was a piece of crockery ware in the wound on the lower eye-lid—blood was effused in the membrane which covers the eye, and there was blood within the eye itself.
COURT. Q. You say the left eye was more prominent: do you mean more swollen? A. The eye-ball was more protruding, the globe of the eye itself was rather advanced.
MR. PAYNE. Q. Could the man see at that time? A. No; one of the injuries was such as might have been produced by a basin thrown at him—
that might probably account for the whole of the injuries—if a finger was put in the eye, that would produce the appearance.
Cross-examined. Q. I understand you to say, that the throwing of the basin, taking into account that a piece of crockery ware stuck in the eye, would alone produce the effect which you saw? A. Yes, I think it might; the effusion of blood in the eye might proceed from a blow, and that would make the eye-ball protrude.
MR. PAYNE. Q. Would thrusting a finger me produce the same effect? A. Yes
ROBERT DUNLOP (policeman, D 133). I was on duty on the night of 25th June in Dudley-grove, Harrow-road, about 100 yards from the eel-stall—I heard a scream, and saw the prisoner running, and a mob of persons following him—I caught hold of him, and so did several others at the same time—the prosecutor then came up—the side of his face was covered with blood, and there was blood about his coat—he said, I shall give this man into custody for assaulting me"—I said to the prisoner, "You hear what you are given into custody for"—he said, "We had all been drinking together; I did not mean to injure him like that"—the prisoner was sober; he was very much excited, his breath smelt very much of liquor; whether the excitement was from drink or from the offence he had committed I do not know—at the station he answered all the questions that were put to him in a very sober manner—I took the prosecutor to the hospital, and saw the doctor attend to him.
The prisoner received a good character.
GUILTY of unlawfully wounding. Aged 33.— Confined Eighteen Months.
Before Mr. Justice Talfourd.
MR. EWART conducted the Prosecution.
HARRIET SARGENT . I am the wife of Samuel Sargent, of No. 11, Edward-street, Limehouse-fields. I have known the prisoner for some time—on Saturday night, 9th July, I met him in Carr-street, accidentally—he spoke to me, and asked if I would go and have some beer; and we went and had a pint at the White Horse—we then went and had a pint of ale at another beer shop, I do not know the name of it—I did not go into the houses, we had it at the door—we had it between us—after having the ale, we still continued in company—he took me by the hand and led me across the road, and led me up a place where there are some new buildings, I do not know the name of it—it was just across the road from the last beer shop we were at—he then began to pull me about indecently, and to talk to me—he asked me whether he could have connexion with me at such time as he thought proper—I said, No, I would not; I would tell my husband—he said he did not care a d——about my husband, and that my husband went along with other women, and why could not I do the same?—he then took me by my hand across the road to the corner of a field, pulled me about indecently, and wished to know whether I would let him be with me, and such like—there is no thoroughfare through the field—the prisoner said there was—I refused to go—he said there was a thoroughfare for other people, and so there was for us—we then got into the field—he made me go; he had hold of my wrist, and pulled me, and I had a very bruised wrist—we went a very little distance into the field—he then pulled me down, took hold of my throat, and held me while he took out
a knife and cut it—he held me by my throat till he had cut it—I believe he took the knife from his coat pocket, but I could not positively say—I am quite sure I saw a knife in his hand, and I saw him shut it after he had done it—after he had done it I said, "What have you done?" and he said, "You are a dead woman"—I am quite sure he made use of that expression—he then left me—I hallooed out" Murder!" three times—I put my apron to my throat, and went into a chandler's shop at the corner; a surgeon was sent for—a gentleman whom I knew happened to come in, and he took me to his house, sent for a horse and cart, and took me to the hospital—I remained there three weeks and two days.
Cross-examined by MR. O'BRIEN. Q. You had known the prisoner for some time? A. Yes; we had been very friendly—he had been at my house that afternoon—I had drank with him several times before, he had treated me to beer before—I believe he is a smith by trade—I have not been in public houses with him—I have been in two public houses with him before; at one time I had a friend with me—I often used to meet with him and drink with him—I used to meet him when I have been out—it was at public houses that I drank with him, but I did not go in; be used to call for it, and have it brought to the door—he has not only treated me, he has been along with my husband; he has had a pot with my husband, and my husband the same with him—they have smoked and drank together, and been about together—I have been at his house, and my husband too—he came to my house on this afternoon, and wished me to write a note for him—I did write it for him—that was about 4 o'clock; it was about 10 o'clock at night that I met him in Carr-street—that is a very little distance from my house—I had occasion to go into North-street, and met him; he lives close by—he had not been drinking—he was quite sober when I met him, and when he left me—I can swear that—I had nothing to drink that night but what I had with him—this occurred about 11 o'clock—the White Horse was the first house we went to—we did not go in, we had the beer outside, by the door—he went to the door and called for the beer, and it was brought out—we did not go into the Edinburgh Castle, we came by there—we had nothing there—we had the pint of ale at a little beer shop just past the Edinburgh Castle—we did not go in, it was brought to the door—I cannot tell who brought it, for I stood on one side; I did not like to be seen—the prisoner called for it—we then went by the new buildings—I did not go into the buildings—there were no persons living in the houses after we passed the buildings, at the beginning of the buildings the houses are occupied—the field is just across the road from the buildings—it was at the beer shop that he first took hold of my hand—he said he had got something to say to me, he wanted to talk to me—I had never been out with him before, not intentionally—I have several times met him by accident, and he has treated me with beer; we were always good friends—after passing the buildings we went over to the field; it is a grassy field, level with the road—we had just got into the field when he cut my throat—it was quite thirty or forty yards from the buildings, or more—I did not know what he had done when I asked him what he had done to me, I thought he was trying to strangle me; he held my throat, and with the pressure I could not halloo until he had left my throat.
COURT. Q. Did he make any remark to you when you were drinking your beer at the second public house? A. Yes; he offered me a second glass of ale, I drank part of it; he wished me to drink it up, and said, "Very likely you will have no more to-night."
night, 9th July, I was at home; a man came knocking at my door—I went out, went up Carr-street, and there I saw my wife, with her throat cut, going to the hospital.
WILLIAM BEAUMONT (policeman, K 298). On Monday, 11th July, I was on duty, and saw the prisoner—he accosted me, and said he had come to deliver himself up for a case that had occurred at the back of the Edinburgh Castle, on the Saturday night—he said he did it, but he was drunk at the time; he did not say what he had done—I took him into custody—he was perfectly sober.
Cross-examined. Q. Did you see the place where this occurrence is said to have taken place? A. I did; it is some distance from the Edinburgh Castle, in a field—the prosecutrix pointed out the place—the words the prisoner made use of were, "I did it, but I was drunk at the time"—it was not, "I was quite tipsy, and I believe I did it."
ALFRED ADAMS MANTELL . I am house surgeon, at the London Hospital. On Saturday night, 9th July, the prosecutrix was brought into the hospital—I examined her—she had a wound across the throat, between four and five inches in length, and deeper on the left side; it was about half an inch deep on the left side, and superficial on the right; it was an incised wound, such as a knife would produce—it was dangerous—she was under treatment in the hospital for about three weeks.
COURT. Q. If it had been very little deeper, I suppose it would have been fatal? A. Yes
Cross-examined. Q. What was the direction of the wound? A. Apparently from left to right; it was deeper on the left side.
(Harriet Simmonds, of No. 42, Richard-street; and Susan Upson, the prisoner's sister-in-law, gave him a good character.)
GUILTY on 1st Count. Aged 52.—Recommended to mercy by the Jury.— DEATH Recorded.
Before Mr. Baron Platt.
MR. PLATT conducted the Prosecution.
ELIZABETH DUDLEY . I live at Clerkenwell Workhouse, and am nurse in the receiving ward. I was present at the death of the prisoner's wife, Martha Garnett, on Tuesday, 12th July, from 4 to 5 o'clock in the afternoon—I received her into the workhouse on Monday, the 11th—she had been in the workhouse ill, about three weeks before, and I then considered her in a consumption—she was in the sick ward; that was the cause of her coming into the house on both occasions; she came as a sick person—after being there for a fortnight she discharged herself; she was considerably better—I did not see her again until 11th July; that was about a fortnight or three weeks afterwards—she never made any complaint to me about any one; she made no complaint about her husband ill treating her; she said he was in the habit of stopping out late at night—she said nothing about want of food—when she came the second time I asked her why she came back again, and she said it was in consequence of the noise of the children; she thought she should be quieter; that was the only reason she gave—I asked her if her husband beat her—she said, "No;" he offered to keep a girl for her to do the work rather than she should come back to the house—next morning she became so ill that I immediately sent for the doctor—I also requested that her friends
should be sent for, and went to fetch her husband—he came to her, and they had some little conversation, but very little; I did not hear it—she died between 4 and 5 o'clock that evening—she did not say anything to me about shortness of work—she said that he earned from 5s. to 6s. a week at times—she had two children, who are with me in the house—she said nothing about food to my knowledge, and never complained of any violence.
Cross-examined by MR. DOYLE. Can you remember whether she said to you that her husband was sometimes out of work? A. Not to my recollection; she said he was short of work, not out of work: she said at times they were very badly off, but she never said to me that they were well off.
COURT. Q. When she came to the workhouse, I suppose she had proper food and attendance? A. Yes; every attention was paid to her that was necessary—it was impossible that she could receive the same things at home, unless the man had a very good income—he could not afford to render her the help which she had at the workhouse—that was the reason of her coming there on both occasions; on the last occasion she said the children disturbed her, and she desired to be quiet.
ELLEN HARRIS . I am the wife of John Harris, of No. 5, New-court, Peter's-lane. The deceased was my husband's sister—I last saw her alive on Sunday night, 10th July—she was then in bed at her own house—the prisoner is a cabinet-maker and French polisher—I believe he worked for himself at home occasionally; he had no shop—he goes out to work; I never saw any wages paid him—I have seen him in the possession of sums of money; I have been once in his company to see money, he had 15s. or 16s.; that was about two years back—I have seen him in possession of money since that time; he had money on the Thursday when I visited her, to give her some steak—I saw him with a good bit of money on Thursday, 10th March, he had about ten or a dozen shillings—I have not seen him with money just before her death, I have not been at his home to see—I was there on the Sunday before her death, the 10th July, it was past ten o'clock at night; she was in bed, and in a very low state; I went to her bedside, and said, "How are you Martha?" she said she was very bad, and cried very much—the prisoner was present—she asked me if I had got a halfpenny in my pocket—I said, "Yes," and asked her what it was for—she said to get her a halfpenny candle—my husband fetched it—her sister and I asked the prisoner if he had got anything for her—he said that he had brought her in mutton, potatoes, and cabbage, on the Saturday night—I did not see any about the place—she did not contradict him, all she said was in a very low voice, "That was as he said"—I did not have the presence of mind to go to her cupboard, as I have formerly done—she said he had deserted her all day, and was going to do so that night—he heard her say that; he did not say anything to it—I said to him, "How can a man like you leave a dying woman all night, and leave nobody with her?"—he said, "It is all very fine to talk in that way"—he was not attending to his wife at that time, he was standing by the window smoking a pipe, he paid no attention to what I said—I said, "The idea of a married man to leave his wife and two children, and leave them nothing"—he said he did not understand a married life—I said, "The idea of a man, the father of two children, and so many years married, not understanding a married life, when are you going to learn?"—he made no answer to that—I did not on that occasion see any sign of a morsel of food anywhere.
COURT. Q. Did she ask for any food while you were there? A. No, she did not.
MR. PLATT. Q. How long had she been in health before that, according to your observation? A. From the time she was married till about the birth of her first child, she was in very good health—I believe she first became ill on the birth of her third child, two years back; she was then attended by Mr. Gill—her health appeared to fail after that very much; and I believe, by her own words, that she would have been found dead in her bed previously from hunger, had it not been for kind assistance—I never saw anything done by her husband in the way of giving her food while she was lying ill.
COURT. Q. Did you ever hear her ask for it? A. No; on 10th March last he brought home three quarters of a pound of steak, and desired her to cook it for him—she did so; and he ate the whole of it, and never gave her or the children a bit—the two children were standing by the table, and had a bit of bread and dripping, and she had a crust of bread and dripping, and a cup and a half of tea—that was all she had in my presence—she was ill then, but not so very low—she was about; she dined with me on that day—when the prisoner had gone out, I said to her, "What a greedy man your husband is"—it did not occur to me to say while he was there, Would not your wife take a little?"
Cross-examined. Q. On this day that he ate the steak, did his wife ask for any? A. No; she had dined with me on that day—she wanted it; she was a very poor eater—I do not know whether he had dined before that—he went to work in the morning at 7 o'clock, and had not come in before—on the evening of 10th July I remained there from 10 o'clock till 12, and when I left I left the prisoner behind me—he had not gone away at that time.
ROBERT HARRIS (examined by MR. DOYLE). The deceased was my sister. She once told me that the prisoner did not act a husband's part to her—that was two or three months previous to her death—she did not complain of violence or ill treatment.
ELIZABETH ARMSTRONG . I live in Crawford-passage, Ray-street, Clerkenwell. I am the landlady of the house where the prisoner and deceased lodged for four years—they occupied the first floor—I know of her having been ill for some time past; we perceived it more after the death of her third child; it was not from grief at the loss of the child—the prisoner never used to come home till after 12, 1, 2, or 3 o'clock in the morning, and sometimes later than that—I have never seen him in possession of money; I seldom went into their place—they were there two years before I went in, and then I only went in when I was sent for—when she was confined I went in and out for the first fortnight—I was in and out a good deal before she left her home to go to the workhouse—I never heard anything of their money matters; I have heard her say that she wanted money, when he was present—I could not exactly say when that was; it was somewhere about July, I think—she sent the little boy down to say she wanted to speak to me—she told the prisoner, in my presence, that he was murdering her by inches, and that he did not allow her common necessaries—he was coming up to her, and I stepped between them, and said, Don't strike her"—he said, "You have nothing to do between man and wife"—I said, "No, I did not come here to have anything to do with it; but, for goodness' sake, don't attempt to strike her"—he did not exactly attempt to strike her, but I was afraid of it—she came down to me on the Sunday week before she went into the workhouse; her husband was not present then.
Cross-examined. Q. You were examined before the Coroner's Jury? A. Yes; I cannot call to mind whether I then said anything about her dying by inches; I think I was not asked the question; I did not name it, it did not
occur to me—I have recollected it now, for the first time—I never knew the prisoner to strike his wife, or to be in any way violent, or to ill-use her—she was a clean, respectable-looking woman, as far as her means would allow her; they were very poor—the prisoner owes me rent now—I had a great deal of difficulty in getting his rent.
COURT. Q. Were all her children born in your house? A. No, only one; when she was confined I went up to render her assistance, and went in and out for a fortnight afterwards; she was very ill then—during the four years they lodged with me they were quiet and orderly—I never heard any violence or any ill-natured words between them—I do not know who employed him in his business—there are no cabinet makers near me—I was never inquisitive, and did not know where he was employed—he used to bring home a good deal of work sometimes; scarcely a day passed without some little job or other when he was at home—Í could not say how long it is since he had a job at home—I took in work for him a few days before he was taken into custody; it was different articles that were brought to be polished.
WILLIAM SETH GILL . I am a member of the Royal College of Surgeons, and live in White Lion-street, Clerkenwell; I am district surgeon of the parish. I attended to the deceased some months ago—she came to me under a parish order—I attended her frequently at intervals from that time up to the time of her death—I saw that her case required all the support she could have, and asked her if she was able to get it—she said, unfortunately it was not in her power to get sufficient food—she had a cough at that time—she was suffering from phthysis, or consumption; it was a very clear case—after of her death I made an examination of her body—both the right and left lobe the lungs had cavities, and were in a completely decayed state—her symptoms generally were such as would have destroyed twenty persons—I should say that state was supervening for some months; the body was very much emaciated—there were no marks of external violence at all—the heart was sound, the liver slightly enlarged, and the other viscera healthy—there were tubercles in the lungs—she undoubtedly died from disease of the lungs.
COURT. Q. Is it usual for persons who die from that complaint to be emaciated? A. Certainly.
MR. PLATT. Q. Would an insufficiency of food be a cause of that emaciation? A. It would assist, decidedly; I could not say that it was actually the cause of death; consumption was the immediate cause of death.
COURT. Q. I suppose in a case of that kind food of a more expensive character would be required to keep up a patient who was sinking? A. Decidedly, more expensive than a poor man might be able to procure; acting upon that impression, I have her an order to go into the workhouse.
Cross-examined, Q. I believe she discharged herself from the workhouse? A. She did; both lungs were completely filled with tubercles; there was sufficient disease of the lungs to kill twenty persons
(The Jury here staled that in their opinion there teas no case against the prisoner.)
NOT GUILTY .
Before Mr. Justice Talfourd.
I was at work with the prisoner—he is my brother—we were between two kilns—we had a few words, and while I was stooping down I received a violent blow on the head, which knocked me down—there was no one by me but my brother—I did not see anything in his hand before I was struck—he had had a few words with me about the work—I said, "I don't want to have any words with you; I have been here more years than you have months; if I don't know my work now, it is time for me to go home"—I kept on with my work, and I received the blow while I was at my work—I had not heard him threaten me before.
Prisoner. I never offered to strike him with the kiln-iron—there was no person there while we were fighting?" Witness. I did not strike him; we had no blows—I was stooping down, picking up the bricks, when it happened—I was not going to throw one at him—I was loading my barrow—I did nothing to him at all—I had not been drinking.
SAMUEL EASTROP . I am a labourer. On 20th June I was at work in Mr. Saint's brick field—I heard the prosecutor say to the prisoner, "You have got too much to say; I have worked more years than you have months"—the prisoner said, "If you tell me that again, I will knock you down with the——y kiln-iron"—the prisoner then went on with his work, and I went away with my barrow—I had not been gone half a minute before the prisoner came running up in his shirt-sleeves, inquiring for his jacket—he could not find it, and went away without it—I went round the kiln, and found the prosecutor lying down by the side of the kiln, bleeding,: and nearly black in the face—Varney went and fetched the prisoner back, and said, "See the state your brother is in"—the prisoner struck Varney—another man was sent for a surgeon.
Prisoner. There was nobody there when we were fighting; as soon as I saw my brother lie on the ground, and the blood coming from him, my senses went from me, and I have no recollection of hitting or seeing anybody afterwards. Witness. When he was brought back, he did not seem a bit distressed at looking at his brother.
WILLIAM VARNEY . I was working in the brick field on 20th July, on a different side of the brick kiln from the prisoner and his brother—I did not hear any words between them—I saw the prisoner come quickly round the kiln, making away for home—he asked for his jacket, but could not find it—he appeared flurried and alarmed, and he was crying—I observed blood on his face, as if from the scratch of a finger—I thought he and his brother had been quarrelling—I went round the kiln, and saw the prosecutor lying insensible, and bleeding from the side of the head—I ran after the prisoner, leaving Williams with the prosecutor—I brought the prisoner back; I asked him if he was not ashamed of ill-using his brother like that, and he turned and hit me on the nose, and knocked me down—he was a little in liquor—I kept him till the constable came and took him into custody.
HENRY WILLIAMS . I was working in Mr. Saint's brick field on 20th July—I saw the prisoner run round the kiln—I directly ran up and found the prosecutor lying on the ground, curled up—I picked him up, took him to the Talbot, and washed his head—he had three wounds—he was nearly an hour before he came to his senses—he recovered before the doctor came—I went to the kiln, and found this kiln-iron (produced); it was within a yard of where the prosecutor was lying—I examined it; there was neither blood nor hair upon it—there were a great many loose bricks lying about there, upon which he might have fallen.
road. On 20th July I was called to the Talbot, and saw the prosecutor sitting before the bar, half insensible—he had three wounds on the head; two on the left side, and one on the left side of the crown; and a contusion on the left cheek—I think one fall upon a number of bricks might have produced all the wounds—they were contused wounds—the one on the side of the head went to the bone; that was about an inch long; the one on the crown was longer, but very slight; the third was very slight—the deepest was a triangular wound, such as might be made by the corner of a brick—when I first saw him, I considered him in danger; that was from the insensibility; I dressed his wounds, and sent him to St. George's Hospital—I did not consider him out of danger when he was at the police court afterwards, from the concussion of the brain which he had received—I think the corner of this iron might have produced such a wound as I saw; if a man was struck with such an instrument as this, I should have expected it to fracture the skull.
DANIEL WARNER HARLEY (policeman, E 151). I took the prisoner into custody from Varney—I took him to the Talbot, where his brother was lying—he did not go in to see his brother—I did, and when I returned he asked me how his brother was—I told him he was lying in a very precarious state, having his wounds dressed—he said he was only sorry he had not killed the b—r—I asked him how it happened—I cannot recollect what answer he made.
Prisoner's Defence. We were loading our barrows, and I asked him to come and load his where I was loading mine, for I thought he could load it quicker; he asked me whether he did not know where to load his barrow, if he did not it was time for him to go home; I said, "Well, that is very likely, Jack; but you are as you always are, you know everything;" he made no more to do but threatened me; I said if he hit me I would hit him again; he came up and hit me, I hit him again, and he fell and struck his head against the bricks that were lying down; it stands to reason that if I had hit him on the head with such a thing as that iron it would have knocked his brains out; it would kill a horse.
NOT GUILTY .
Before Mr. Baron Platt.
JOHN TRAVERS . I have been a draper, but am now out of business. On Monday afternoon, 11th July, about a quarter past 2 o'clock, I was in the neighbourhood of the Regent's-park, near the New Church of St. Mark, in the Albert-road—I had been to have my dinner, and as I was coming from the coffee house I was separating my money in my hand, when all at once I was startled by somebody holding my arms from behind—I had not seen them before, for my eyes were directed to my hand as I was counting my money—it is a very quiet place—I found somebody lay hold of my arms behind and pinion me—I then looked and saw that two men were holding my arms—they pulled me on about three yards from the place where they had first seized me, and then directed my eyes to the prisoner, who was kneeling on the ground, shuffling some cards—they asked me to lay a stake—I refused to do so—they said they were betting, and wanted me to do the same—I was held all the time—one of them said, "I bet 5s. that I pick up the middle card"—I do not remember that he said what the card was—all this time I was in the custody of the two men, and trying to get away as well is I could, but I was alarmed—I had my money grasped in my hand, for as soon as I felt them lay hold of my elbow I grasped my money and tried to
put it into my pocket, but was not able to do to—I had half a sovereign, with four half crowns, in my left hand, and two sovereigns in my right hand, which I had taken from the other, and was about putting it into my pocket—I was in the act of separating the gold from the silver when I was first attacked—the man at the left hand side seized hold of my hand, and took from it the money that was in it, 5s. of which he gave to the prisoner, and the other he put into his waistcoat pocket, and about a second afterwards he took it out again, and gave that also to the prisoner—I saw the prisoner take the 5s.—he was only about a yard from me at the time; he was in front of me—I did not see how many persons there were behind me—I did not look behind; I kept my eye on the prisoner, because I knew he had got the 5s.—I was pinioned all the time, that was why I could not resist them—two persons held me, one on each side—there seemed to be three of the party, one on my right hand, one on my left, and the other, who was betting, or pretending to bet—about a second after the man on my left took the money from my left hand, the man on the right side of me seized hold of my wrist, and forcibly took the two sovereigns out of that hand, and gave it to the prisoner—he put it on the ground, pretending that it was in my name, whereas it was nothing of the sort—I was then released—I immediately sprang at the prisoner, who was attempting to get on his feet, shuffling the cards all the time—he was then knocked down by a man, who was not in a policeman's clothes, but who at once said, "I am a constable, and you are my prisoner," and he took the prisoner into custody—when J first saw the prisoner he was kneeling down—I did not see him before I was pinioned—while the two men held me they talked to the prisoner; it was very confused; I could scarcely repeat what they said, save that "Here is a 5s. bet; I bet you 5s. that I take up that card;" that is all that I can remember—they appeared to be rapidly betting with each other, and seemed to be quite confused with it, or quite busily engaged with it—the prisoner dealt the cards on the ground—he turned up certain cards, but I have no idea what they were; I suppose it was the one they were pretending to bet upon—I said nothing to the prisoner, only "Give me my money"—I said that as soon as I was released, and I made a dash at him to get my money—as soon as he had the 2l. I was released, and I sprang at his hands as he was getting on his feet, and said, "Give me my money" when I was interrupted by the policeman knocking him down—I did not consent to the money being taken from me; it was taken forcibly from my hand—it occupied about two minutes and a half.
Cross-examined by MR. SLEIGH. Q. What situation are you in now? A. In a situation as clerk—I was a clerk some time at Sheffield after I gave up business—I have been out of business about two or three months—I was not in business on my own account—it is two months since I was in a situation—the last employment I was in was at Sheffield—that is about eight months ago—I have not been out of employment since then—I was in a situation three months ago, with Lewis and Allenby, of Regent-street—I left from a private cause of my own, and I have re-engaged with them, and am going there very shortly—I have never represented myself as a clergyman, or as a gentleman studying for holy orders—I was contemplating going to College; you have got hold of that idea from Mr. Hough, who was solicitor to my Society, and he elicited that from me—I did not tell Mr. Hough that I had been foolishly gambling, and had lost more than I could afford to lose with these persons—I deny it on my oath—I never said such a thing to him or any one else—I do not know how to play at cards—I never touched a card in my life—I was not playing at cards with these people—there were
three persons beside the prisoner—it lasted about two minutes and a half—I had not left the house where I dined two seconds—there are not houses on each side in the Albert-road, only on one side—they are very nice detached houses, and on the other side is the Zoological Gardens—these three persons had not been in the coffee-house—when I came out of the coffee-house I was quite alone—I had seen no person, and when I felt myself arrested I was in the middle of the road—I supposed that they had come from the park—there were three persons besides myself, four altogether—they remained there till the policeman rushed up—there were three persons and the prisoner, four besides myself, including the prisoner—one had hold of my left arm, another of my right, another stood by the side of the one that had hold of my right arm, and he had a moustache from what I can recollect, and the prisoner was on the ground at that time—there were five persons altogether, including the prisoner and myself—that was all I saw; as I said before I could not see behind me—only two persons seized me by the arms—the others were at the side of the road when I got there—the wall of the nearest house was about six yards off—it was a detached house at the corner—the prisoner was kneeling, I was standing—I was not on the ground; I was on my legs, and trying to get away—I could not call out—I have an affection of the throat, and the least excitement will hinder me from speaking or shouting—I said, "Leave me alone!"—I did not call out for assistance—I could not, as I was suffering from the affection of the throat.
COURT. Q. You have been asked about Mr. Hough; is he the prisoner's attorney? A. Yes; I did not know him before this matter took place—I was introduced to him at the police court by the reporter for the Times—I did not seek the introduction—the Times reporter came to me, and asked if my case was coming on, and he said, "This is the attorney for the prosecution—I said, "Indeed? I understood that the Crown was the prosecutor, and I a witness for the Crown"—he told me he was the attorney for the client, that is, the prisoner—they went through the yard, and the Times reporter made a motion to me to follow—I went, and we talked a little in a room, and in the course of conversation I said if I were to consult my own feelings I should not prosecute the man at all; it would be ill in accordance with my views, as I expected one day to be a minister.
JAMES ABRAHAMS (policeman, S 296). I took the prisoner into custody about half past 2 o'clock on this Monday afternoon, at the corner of Albert-road, Regent's-park—as I turned round the corner I saw him and two others of his companions in among a crowd of I suppose fourteen or fifteen persons—I then saw the prisoner on his knees on the public footpath, and before him he had these three cards (producing them)—they were on the ground before I got up—I then saw some silver passed to the prisoner, but whose hand gave it to him I could not swear—I believe it was one of his companions—I saw the hand go immediately I came up—I saw the prosecutor there, he did not appear to be betting at all—I afterwards saw one of the prisoners' companions take from the prosecutor's hand two or three sovereigns—I saw that done—I was looking over a man's shoulder just round the corner—I was in plain clothes—I kept out of sight—I knew very well as soon as they saw me they would not stay—the man who took the sovereigns gave them to the prisoner—the prosecutor was in the act of laying hold of him, and I immediately came forward, got hold of him, and threw him on his back on the footpath, and whilst I was in the act of picking up these three cards some person struck me, and knocked me up against the wall—I then immediately put my foot on the prisoner's chest, and kept him down on the ground—I picked up
the cards, and then said, "Give me the money you have got in your hand"—he made no reply, hut I took from his hand, as I thought, four sovereigns in gold and 17s. 6d. in silver, hut one of the four is a counterfeit sovereign—I took hold of him by the collar, and told him to come with me—I pulled him across the road into the Regent's-park, on account of there being so many there, and then I called a park-keeper—as we got into the park he said, "Give the gentleman the three sovereigns, and let me go, and I will give you something," or make you amends," or" you shall lose nothing by it," or something like that—as we were going to the station he dropped these ten other cards on the footpath—they came from the bottom of his trowsers—I searched him at the station, and found on him 7s. 6d. besides what I took from his hand, and a piece of paper, which I have lost.
Cross-examined. Q. You say there were thirteen or fourteen persons there altogether? A. I should say about that—when I first saw the prosecutor to the best of my belief his face was towards the footpath as if he was going over the bridge—he was not standing alone, the prisoner's companions were one on each side of him—I never heard him bet or speak one way or the other till just as I was going to take the prisoner, when I told him I was a policeman—I suppose it might be not quite a minute from the time I saw the money taken out of the prosecutor's hand till I took the prisoner; I seized him directly—there were more gentlemen there besides the prosecutor—there was a quantity of people there—I stated before the Magistrate that there was a gentleman there, I meant the prosecutor, but there were other gentlemen besides him.
Q. You stated in your depositions "there was a gentleman, as I thought, in the act of betting some money," to whom did you refer? A. Not to the prosecutor, he was not in the act of betting, as I told you before, I never heard him speak a word, I referred to another gentleman—I could see the prosecutor distinctly, and the persons on each side of him; it seemed to me as if they both had hold of him.
COURT. Q. I find that before the Magistrate you made this statement, "There was a gentleman, as I thought, in the act of betting some money, and I saw him give the prisoner one or two half crowns?" A. Yes; that was what I stated, I saw some silver go to the prisoner—that gentleman was a person who was standing behind; he did not interfere at all with the prosecutor—no sooner were the half crowns given than the prosecutor's Other hand was wrenched open, and two or three sovereigns taken from him and given to the prisoner, and the instant they were given I laid hold of him by the collar; the others immediately ran away—I cannot say whether the person I call a gentleman was a confederate of the others.
BENJAMIN BISHOP . Between 2 and 3. o'clock on this Monday afternoon I was passing near St. Mark's Church, and saw from ten to fourteen persons standing round—I went up to them, and saw the prisoner kneeling down on one knee, with three cards on the pavement in front of him—I saw the prosecutor standing in the middle of two men, right opposite the prisoner; they had got hold of his arms, one on each side—the prisoner said "Will you have a bet?" at first he said for one sovereign, and then he altered it to two—the betting was to be upon picking a card out of the three; I believe it was the Queen that was to be picked out; the gentleman was to pick the card, but he never offered to bet—I saw the prisoner shuffle the cards—I saw a man who was standing by the side of the prosecutor take some money from the prosecutor's hand—it was not done in a very rash way; the prosecutor's hand was closed, the man pulled it open, took out the money, and
gave it to the prisoner, be took it; I believe it was 2l. I am not certain, I saw it was gold—the officer was standing behind me all the time, looking over my shoulder—as soon as this was done, he rushed by me and took the prisoner into custody—the prosecutor said "You thief! you hare got my money—the other two ran away, nobody tried to catch them—I accompanied the prisoner part of the way to the station—he said "I have a large family, I was trying to get some bread for them, let me go."
Cross-examined. Q. They did not carry on this game in a very quiet manner, did they? A. There was very little talking, only with the three—I did not hear one of them say to the prosecutor, "Why you have lost it fairly, and you must pay," nothing of the kind.
GUILTY . Aged 20.— Transported for Ten Years.
Before Mr. Justice Talfourd.
MR. GIFFARD conducted the Prosecution.
PERCY LAMBERT . I am a guard on the London and North Western Railway, and a member of the Railway Guards' Universal Friendly Society—there is a section of that Society called the Widows' and Orphans' Fund; of the King's-cross branch of which the prisoner was local secretary—it was his duty to pay to the recipients of the Charity the moneys received by him within his district, and to take a receipt from them—it was also his duty to keep a book of the disbursements—I have seen him write—the whole of this disbursement book (produced) is his writing, except the initials of the general secretary, who balances the accounts—these two letters (produced) are in the prisoner's writing, and the signature to this third letter is his, but not the body—I received a letter from Tucker, in consequence of which I sent to the prisoner, and he came to my house (that was eight or ten days before I went before the Magistrate)—I showed him Tucker's letter; this is it (produced), he read it—there are complaints in it of one of the widows in his district not receiving her money—he said it was false, the widow had got the money, and the Society had got the receipts, and what did they want more—I said, "Just so, but I merely as a fellow-servant send you that letter to let you know what the scandal is; as it is likely to injure you in your situation, I thought it right to let you know;" and I said that as the letter would have to be produced before the meeting, he had better give me a memorandum denying the statement in the letter; and he made one, but not in my presence—the memorandum is in the prisoner's writing, and so is this receipt (produced)—the signature, "Eliza Tuckwood," on the receipt is the prisoner's writing; it should have been "Ann Tuckwood;" it is dated 19th Dec, and is for 1l. 12s. 2d.—the whole of these eight receipts (produced) are in the prisoner's writing, the body and the signature as well—the body of this genuine receipt (produced) is in the prisoner's writing; it is for the Oct. payment, and is dated Nov. 8th—the counterfoils in this receipt book (produced) are in the prisoner's writing; I found them in a box at the King'scross Station, which was pointed out to me—these blank forms of receipt which are filled up all but the signature, are all in the prisoner's writing—this letter (produced) is in the prisoner's writing.
Cross-examined by MR. BALLANTINE. Q. It was the prisoner's duty to pay the persons entitled to a pension the money, and to produce a receipt, and deliver it to the Society? A. Yes; he would receive the money from the Society, and give them a receipt in his own name, and they would hold
him responsible for the money until he produced the receipts of the recipients—(receipt read: "Railway Guards' Universal Friendly Society, Widows' and Orphans' Fund; received of the King's-cross District Committee, 1l. 12s. 2d., being the amount due to me for thirty-nine days, as widow of Charles Tuckwood, a member of the above fund. Eliza Tuckwood; Dec. 19,1852. ")
ANN TUCKWOOD . I am widow of the late Charles Tuckwood, a railway guard, on the Great Northern line; he was a member of this friendly society, and died on 8th Sept. This receipt of 19th Dec. is not my signature, nor did I authorise any one to sign it for me—I received 2l. on 16th Nov., and gave a receipt for it—at my husband's death I became entitled to 5s. per week from the Society, and the first payment was made to me on 16th Nov.; this is my signature to the receipt for it (produced)—I did not see the prisoner on that occasion, he sent the money to me, and I gave this receipt—the next occasion was on 29th Jan., when I received 1l., and had a receipt made out for me, but it was not a proper form, it was for 3l.; I signed it, and also 2l. on March 5th—I received 7l., in all, and I ought to have received 11l. 12s.—when I gave the receipt for 2l., I only received 1l. 16s.—there was something deducted for two months' pay which my husband was in arrear; the prisoner sent me word so—none of these other seven receipts are in my writing, nor did I authorise anybody to sign them—they are signed, "Eliza Tuckwood," and that is not my name—Mr. Kemp brought me this letter, and these receipts, and I refused to sign them.
Cross-examined. Q. You gave the prisoner no direct authority to sign receipts, but did you at all authorise him to sign receipts for you? A. No; nothing bad passed which could lead him to imagine that he had authority to sign my name—I had not made up my mind whether I would take the weekly allowance or the bonus.
(MR. BALLANTINE here stated that he was unable to struggle with the facts of the case, but that the prisoner had a wife and six children dependent on him.)
GUILTY . Aged 40.—Recommended to mercy by the Jury. Transported for Ten Years.
(There was another indictment against the prisoner.)
NEW COURT.—Thursday, August 18th, 1853.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. MOON; Mr. Ald.
MUGGERIDGE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
MESSRS. ROBINSON and CLARKSON conducted the Prosecution.
EDWARD JOHN DAVIS . I am a hay salesman, at Smith field. I have had business transactions with the prisoner—at the beginning of this year I had a claim against him for 11l. 12s.—I have that claim on him at the present time—the last transaction I had with him was on 1st Jan., and that remained through the spring—I commenced an action against him in the Common Pleas—this is the writ; it is dated 30th March, 1853—the trial took place on 29th June—I was present, and heard the defendant sworn and examined—he then stated that on 21st Oct., 1852, he had paid a sum of 12l. 2s., and he produced what purported to be a receipt for it—the receipt was impounded;
this is it (read—"21st Oct., 1852. Job Coleman to E. J. Davis; balance of account delivered, 8l. 8s.; one load of bay, 3l. 14s. 12l. 2s. Received payment, E. T. W. ")—he said he did not know whether he paid it to a man or a woman—on his cross-examination, he said he did not pay the sum of 4l. on 21st Oct.; that he paid the 12l. 2s. to a man in the shop, and that the man to whom he paid the money gave him the receipt—the receipt was put in, and it was ultimately impounded by the Secondary, Mr. Potter—I remember, on 21st Oct., the prisoner purchased a load of hay of me—previously to that he had owed me 12l. 8s., and he stated that he had some money for me; but being engaged at the time, I desired him to go to my clerk, Mr. Whaley,—he afterwards purchased a load of hay of me—in the interim, I ascertained from my clerk what he had paid, and I told him he had not paid so much as he ought; that his account was too large, and that I would not trust him so many as three loads of hay, I believe were the words I used—he promised to bring me some more money in the course of two or three weeks—he did not pay me anything on 21st Oct.; he paid my clerk 4l.—I saw him again early in Nov., at his own shop in Union-street—on that occasion I delivered him this account, without a receipt to it (produced)—I delivered it at his shop, and, I believe, to himself personally—I requested payment, and he promised to pay me money shortly—I saw him again on 30th Nov., and on that occasion he purchased a load of hay for 3l. 10s., and paid 4l.—I had no other person in my employ who had the initials of E. T. W. except Whaley—I know Whaley's handwriting—I believe this receipt is not his writing.
Cross-examined by MR. BALLANTINE. Q. You say, on the trial, this receipt was produced, and he said he had paid it to a man or a woman? A. Yes; he had previously represented to me that he had paid it to Mrs. Davis; that she gave him the receipt, and he saw her write it—it was on 30th March he stated that to me—I have never stated that before, because my examination was not carried so far—I instructed my attorney that that was so, and I think Mr. Clark son has it—I wish to tell the whole truth; I have no reserve—I had no reserve before, but I did not state that because my examination was not carried so far.
Q. But why, as this receipt was produced, did you not tell the Alderman that he stated that the receipt was your wife's writing? A. I was not asked the question—I heard him cross-examined—I did not hear him swear that this receipt was in the handwriting of Whaley—the receipt was said to be no one's particularly, but the man to whom he paid the money gave him that receipt—first he did not know whether he paid it to a man or a woman—these are Whaley's initials, but not his writing—I cannot tell whose receipt it was represented to be—I have no doubt it was intended to imitate Whaley's receipt, but no name was mentioned—I did not tell the Secondary that the prisoner had said be saw my wife write it, because I was not examined to that—I did not say that the prisoner stated that it was written by my wife, because Mrs. Davis was there to answer it—I did not think about it—this is a very good imitation of Whaley's writing—I should not believe it to be his writing—he usually signs his name Whaley, in full—he was then my servant; he is now in the service of a railway company—at the time I delivered the bill of 12l. 12s. I delivered it at his shop—I believe I delivered it to Coleman personally—I saw him two or three times, but whether I delivered it to him personally I cannot say—I will not undertake to swear that he was present at the time of the delivery—I saw him two or three times in the early portion of November—whether I had delivered the bill previously to his saying that he would pay me some money, I cannot say—this conversation took place
early in November—it was either on the occasion of my delivering the bill, or afterwards—it was at his shop—I called two or three times; I might have seen him when I delivered the bill—I delivered it at his shop—he was recommended to me by some salesman in the market, who knew his family and connections—I believe he had before been in the West Indies—I do not know whether he was an overseer or slave-driver.
Q. Is it this Mr. Whaley (reading a card:) "E. J. Whaley, collector of rents, &c. Debts recovered by legal process. No. 28, St. John-street, Clerkenwell. Security to any amount"? A. I believe he had such a card—I believe he was only a few weeks in that capacity—I know he was in that capacity, I had employed him—I believe he did not live at No. 28, St. John-street—I have been there, he had the use of an office there—the prisoner bad left a balance of 8l. 8s., and the load of hay that he purchased made it 12l. 2s.
MR. CLARKSON. Q. Are you able to say that you delivered this bill; whether you delivered it into his hands or not? A. I am; and this is the bill I delivered.
JURY. Q. Did you give any receipt for that 4l.? A. I did not receive the 4l.; I have no doubt he did have one.
EDWIN JOHN WHALEY . On 21st Oct. I was in the employ of Mr. Davis I saw Coleman that day, and he paid me 4l. on account of Mr. Davis—he did not pay me any other sum on that day—I entered the receipt of it in my market book at the time—this is it—I did not receive on that day the sum of 12l. 2s. from him—this receipt (looking at it) is not my writing—I do not know the writing—I never received any other payment from him but the 4l.
Cross-examined. Q. Did you give a receipt for the 4l.? A. I did; I signed it E. J. Whaley—I could not exactly swear that—it is my practice to sign E. J. Whaley—I never gave the prisoner any other receipt on anybody's account—I gave him none before this—here is on this receipt, "Received payment"—that is my usual way—if I receive the whole account, I put "Payment"—I would not swear I always do—I am collector to the Great Northern Railway—I was before a collector of rents and debts—I lived at No. 3, Rose-court; I carried on business at No. 28, St. John-street, Clerkenwell—I was before that steward of a ship—before that I was a planter—I was an overseer, but it goes by the name of a planter.
MR. CLARKSON. Q. Were you ever charged with any offence? A. No.
GEORGE WILLIAM KILLETT POTTER , Esq. I am one of the Secondaries of the City of London. This case of Davis against Coleman was tried before me on 29th June—the verdict was for the plaintiff—the prisoner was called on the part of the defendant, and no other witness—I took a note of the trial (reads)—Job Coleman sworn: "I received this paper from Mr. Davis, in Smith field Market, on 21st Oct.—I asked him for his bill, and said I had money for him—he said, 'Go over to the counter and pay it'—I went and paid the money, and received this receipt (the receipt was put in)—I cannot say whether it was paid to a man or a woman—Mr. Davis had called and asked for it—he said that a farmer in the country wanted the money—I was compelled to pledge some clothes to make up the money, and I sold a cow"—on cross-examination, he said, I paid on 21st Oct. 12l. 2s.—Mr. Davis did not ask me for it in Union-street—he did not ask me for 11l. 12s."
Cross-examined. Q. Was he cross-examined by an attorney, or a bar-
rister? A. I cannot recollect; I cannot recollect if it was put to him whether he had ever seen Mr. Davis write.
MRS. DAVIS. I am the wife of the prosecutor. The prisoner never paid me 12l. 2s. on my husband's account—I did not receipt this bill for him—he never produced it to me.
MR. BALLANTINE called
(The prisoner received an excellent character.)
NOT GUILTY .
NOT GUILTY .
GUILTY . Aged 33.— Confined Two Months.
MR. HORRY conducted the Prosecution.
CHARLES WILKINS . I am foreman to Mr. Holls, a baker, in Union-street, Somers'-town; I live there. On Saturday night, 30th July, I was in the neighbourhood of Broad-street and New Oxford-street—I was sober; I had only drank two half pints of beer all the week—I wanted to get to Somers'town—I saw the female prisoner, and asked her the way there—she told me she would direct me directly—she had no bonnet on—she asked me to give her a glass of gin—I went into a public house and gave her one—I then went with her I suppose fifty or sixty yards—in going along she said she would show me the road directly, but she was going in after her bonnet—we came to a court, and I went down the court because I was a foolish man, I suppose—when I got to the door of a cottage, she said, "Walk in"—she then told me to shut the door and bolt it—she did not give any reason for going in, but when I was inside she told me to slip the bolt, and I did so—she then told me if I would give her 6d. she would strip naked—I said I would have no such thing—I tried to leave the house—I put my hand up to the bolt but did not reach it, she seized me too quickly; she caught bold of my left band trowsers pocket—I had a crown piece in that pocket, 15s. in silver, a key, and 1s. 4d. or 1s. 6d. in my right hand jacket pocket—I am not positive which—when I treated her at the public house, I took the money out of my jacket, not out of my trowsers—she caught hold of me, and I could not get her band loose—I seized it with all my might, but found she was stronger than me—we had a struggle; I was on my knees, and she sung out, "Why don't you come in? come in!"—and the male prisoner came in and struck me—I was then on one knee, and he shoved me on my back on a kind of cot or couch; he held me there with his arm across my throat—while he did that the woman was emptying my pockets—I missed about 21s. and a key—I had a watch, and I saw the man make a grip at the chain of it—the watch was concealed under the waistcoat, and did not go—I do not know what became of the female, the man held me down till she escaped—they did not say a word that I know of—I believe they both left me; I found the door open, and was glad to get out—I spoke to an officer, and gave a description of the persons—he took them.
Cross-examined by MR. RIBTON. Q. Had you ever seen the prisoners before? A. No; the door was close to the street—I bolted the door by her orders—I did not know but that was going the direct way home—I could not have bolted the door, or else the man could not have come in—I was not thinking of something else—there was a light on the mantelpiece—it was a small room—I drank a glass of gin in the public house, and gave this woman one—I had no more than one glass, and that was the only thing I had the whole week, except two half pints of beer from the Saturday night before—I had one half pint of beer about 8 o'clock, and the other after that—Saturday night is the only night I go out for a mouthful of fresh air—I went out about half past seven o'clock, and from then till 11 o'clock I was walking about Soho-square, and Holborn, and Gray's Inn-lane—I never sat down from the time I went out—I had one half pint of beer at a public house at the corner of the Colonnade, Russell-square—I went in there, and remained about half a minute—it was then close upon 9 o'clock—I had the other half pint half an hour afterwards, at Mr. Shuter's, the Six Dials—I did not meet any friend there—I have got no friend—I stopped there half a minute—I had never seen either of the prisoners before, to my knowledge—I think I should know the house now if I were to go out—I do not know whether it was a bed or a cot that was in the room—I did not look at it—I was not lying down on it with the woman—I bolted the door by her order; I thought she might be going to put her shawl on—I bolted it to keep it shut, I suppose—when I left home I had 20s. in one pocket—there was a 5s. piece, and the rest shillings and sixpences, in my left hand pocket—I carried the watch in my trowsers pocket—the man prisoner had his elbow on my throat—I could not holloa for assistance—my waistcoat was broken open—it was unbuttoned—my braces were not unbuttoned—I did not undo my braces myself—I had a sailor's jacket on—I have been to sea—when my waistcoat was undone my gold chain was to be seen—it is a alight chain—this woman and I bad not an altercation about a sixpence—that was not the cause of the struggle—it was because I would not give her sixpence to strip naked.
HENRY BINGHAM (policeman, E 153). About 11 o'clock on Saturday night, 30th July, Wilkins made a communication to me, in consequence of which I went to a house with him—I found a padlock on the door—it was fastened—Wilkins gave me a description of certain persons, who he complained bad robbed him; in consequence of that I took the two prisoners, about 2 o'clock in the morning—I told them why I took them—they said they knew nothing about it—I found on Nocton 7s. 8 1/2 d. and a key, which I tried to the padlock, and unlocked it—I had seen M'Namara go down with Wilkins, and saw Nocton go down there—Wilkins was perfectly sober.
Cross-examined. Q. Did Wilkins show you the house? A. He did.
MR. RIBTON to CHARLES WILKINS. Q. What did you pay for the first half pint of beer? A. A penny—I did not carry my money in a purse—I stood in the bar while I drank the beer—there might be half a dozen persons there—when I had the next half pint I paid for that in copper out of the change I had for the first half pint—if I changed a 4d. bit I had 3d. out of it—I paid a penny at the second public house—I was drinking there about half past 9 o'clock—there were a great number of persons there—that money was in my right hand pocket, the left pocket I never touched—I had in my right hand pocket some halfpence, a sixpence, and a shilling—I counted the money under a lamp about two minutes before I saw the female prisoner—I did it just to see if he had paid me right—he had never paid me in silver before—after four hours I suddenly thought that my master might have given
me wrong, and I counted it to see—there were persons passing and repassing.
M'Namara was further charged with having been before convicted.
HENRY BINGHAM re-examined. I produce a certificate—(read: "Ellen M'Namara was convicted on her own confession, Nov. 1848, of stealing a waistcoat, a scarf and other articles. Confined Three Months")—she is the person I have known Nocton about six months—he is living with the female, and is in the habit of following her of a night.
NOCTON AGED 27.
M'NAMARA— GUILTY . Aged 24.
Transported for Seven Years.
THIRD COURT.—Thursday, August 18th, 1853.
PRESENT—Mr. Ald. CUBITT and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Eighth Jury.
MR. DUNCAN conducted the Prosecution.
JOHN STOREY (City policeman, 414). On Sunday evening, 10th July, I was on the Old Shades pier, and saw the prisoner—he had just come off the boat, Moss Rose—I saw him return to another boat, about an hour and a half afterwards—I next saw him about 7 o'clock in the evening; I was on the top of the landing place, and saw him come off the Moss Rose—I ran round to the pay place, came up underneath the stage, and saw him put his hand into Esther Foulger's pocket—I ran after her, and asked her if she had lost anything, and then ran after the prisoner—he ran away—I captured him at the halfpenny boat pier, but before that I saw him counting some money on the Iron-boat Wharf—he caught sight of me and ran away—when I caught him I told him I wanted him for robbing a lady—he said he had not robbed anybody, the money he had got was his own—I took him to the Swan pier—he gave me 11s. 4d. from his trowsers pocket, and threw this purse (produced) down by his side; another party picked it up and gave it to me—there was money in it—this is the money (produced)—it is a half crown, two sixpences, seven shillings, two pence, and four halfpence—I took him to Bow-lane station, searched him, and found on him this watch key (produced)—he gave me his name Thompson, 37, Bedfordbury—I went there, and to several other places, but he was not known—his true name is Gardner—I went to his brother afterwards, where he told me he lived, and saw his brother.
Cross-examined by MR. SLEIGH. Q. The brother made his appearance at the Mansion House? A. Yes—the prisoner did not tell me that the money was wages which he had just received; I heard him say so at the Mansion House, but not at the time I took him—the purse has not been owned—the prisoner was a passenger by the boat.
ESTHER FOULGER . I am the wife of John William Foulger, of No. 12, Felix-street, Westminster-road. On Sunday, 10th July, I was on board the Moss Rose, which arrived at London-bridge about 7 o'clock—my money was safe when I was on the boat, and also when I was crossing the platform—I had seven shillings, two sixpences, half a crown, and some copper, 11s. altogether—in consequence of something said to me I searched my pocket, and missed every farthing.
Cross-examined. Q. What kind of purse was it in? A. It was loose in
my pocket; there was nothing else there—I had come from Westminsterbridge—one of the shillings I had disputed with my husband about, and I know it again—here it is (pointing to one of those produced)—I felt my money in my pocket, when we were at Hungerford-market, but did not examine it.
GUILTY . Aged 15.— Confined Three Months ,
WILLIAM CALLARD . I am a house painter, of No. 7, Brandon-street, Lock's-fields. On Monday morning, 11th July, about half-past 2 o'clock, I was on Blackfriars-bridge, going towards the Surrey side—I was sober—the prisoner crossed over from the left to the right side, came up to me, and said, Where are you going, old fellow?"—I said, "What is that to do with you? Mind your own business"—he instantly began to hustle me, put his hand into my right pocket, and took out the contents, 1s., three penny pieces, two halfpence, and a farthing—he made off towards the Surrey side, and I went after him, and saw him caught by a policeman—I was within a very few yards of him, and never lost sight of him—I did not tell the policeman how much I had lost, but the prisoner was searched, and 1s., three penny pieces, two halfpence, a farthing, and a latch-key, were found on him.
Cross-examined by MR. SLEIGH. Q. How many people were there on the bridge? A. Only me and the prisoner; I am prepared to say that—it was break of day—my wife was nursing my daughter, and I had just taken her to my daughter, No. 3, Falcon-court—I left the instant I got there, leaving my wife there—it was then 2 o'clock; it might be half past 1 o'clock when we started from the Surrey side—I had bought some tobacco at a shop at 12 o'clock; it came to 1 3/4 d.—I paid with a sixpence, and put the change in my pocket, where there was a shilling—I had never seen the man before who did this; he was perfectly sober, and ran as fast as he could—he was taken just at the foot of the bridge, where the trees are.
WILLIAM HINCHCLIFFE (policeman, M 85). I was on duty at the Surrey side of Blackfriars-bridge, heard a call of "Stop thief!" and stopped the prisoner, who was running—he said, "It was not me"—I said, "You must come back"—in about half a minute Callard came up and said he had robbed him—I took the prisoner to the station, searched him, and found on him one shilling, three pence, two halfpence, and one farthing—he was sober, and so was Callard—there was only Callard and the prisoner on that side of the bridge that I could see.
Cross-examined. Q. It was not daylight? A. Yes; it was light enough for me to see that there were no other persons—I heard the cry about a minute before, and then saw the prosecutor and prisoner running—I could see no signs of drink on them—the prosecutor said he had lost 1s. 4d., but afterwards he said there was a farthing also—the prisoner was running fast; he did not tell me he was late, and was going home—he gave the name of George Clark, which I understand is not correct, and said he lived at Norwich.
(The prisoner received a good character, and his former master engaged to employ him.
GUILTY . Aged 28.— Confined Two Months.
MR. DUNCAN conducted the Prosecution.
evening, the prisoners came to my house with another man—Cooper asked for two sixpences for a shilling—I went to the till, and he said, "I want no change, I want two bottles of soda water"—I turned round to take up two bottles of soda water, and he said, "That is not the soda water I want"—I said, "Mine is Vale's;" I forget which he said he wanted, but he said, "My master sent me for two bottles of soda water before, and I had to take it back again, as it was not right"—I looked, and saw that the shilling was gone—I said, "What are you waiting for?"—he said, "I want my shilling back again; if you have not got the soda water, I must go somewhere else"—I said, "I have not got it"—he said, "You put it in the till;" and then he said to Hewitt, "Did not you hear the landlord chink the till?"—Hewitt said, "Yes"—I said, "If you do not go away, I will give you in charge; you were here six months ago"—he began to grumble, and went out—I am certain he asked first for two sixpences for a shilling, and when I put the soda water on the counter I saw the shilling there—while this was going on, my wife, Mary Brown, served Hewitt with half a pint of beer—he put a half crown on the counter—my wife had no shilling in the till, and she gave him four sixpences and 5d. in copper—he left the change on the counter while he drank half of the beer—he then said that there was a fly in the pot, and said, "I say, landlady, you have only given me three sixpences"—I said, "You had better go about your business, you are as bad as the other; you are a gang"—he then said, "Oh, yes, here it is," and they went out of the house one after the other—I was afterwards at the Mansion House, and saw Cooper there—I said, "I know this man; be served me the same trick last night."
Cooper. Q. Did you lay any money on the counter? A. No—a gentleman came in, and had half a quartern of ginger brandy—I did not refuse a sixpence, and show it to that gentleman—I did not refuse any coin.
Hewitt I never was in his house.
FANNY FORD . I am servant to Mr. Scott, a licensed victualler, of the London Stone, Cannon-street. On Thursday, 11th Aug., about 11 o'clock at night, I was in the bar; Cooper came in, and asked for four sixpences for two shillings—I opened the till, took out four sixpences, and said, "Where is your two shillings?"—he said, "I don't want two shillings, I want four bottles of Davis's soda water"—I went to get it, and Hewitt came in with another man, and appeared to be drunk—one had half a quartern of gin and cloves, and the other half a pint of beer—I drew the beer, and said, "You have not paid me;" they both said, "No, but I will do it"—the one who is not here paid for it—I then went to Cooper, and said, "Here are four bottles of soda water"—(there is a partition in the shop; Cooper was on one side, and Hewitt on the other)—he said, "It is not the right sort, it will not do"—I said, "We have not got any more;"—he said, "Then give me my two shillings;" I said, "I have not had your two shillings;" nor had I—he swore a good deal, and conducted himself violently; and I was frightened, and opened the till, and put two shillings on the counter—I did that through fear—my master came, the two shillings were still lying there, and he put his fingers on them, and said to Cooper, "Is this your money?"—he said, "Yes"—my master said, "You had better go, for we do not keep Davis's soda water"—(I had not told my master)—Hewitt and the other man stood at the partition, smoking—Mr. Scott said, "We do not allow smoking at this part of the counter, just go into the other partition"—I told Mr. Scott the trick Cooper had played; he went out after him, and Cooper came back in custody—there was no one assisting me in the bar at the time, and I should not have given the money if I had not been frightened.
Cooper. Q. Did not I put two shillings into your hand? A. You did not—I did not say, I have got your money"—I did not tell you to turn out your pockets.
Hewitt, I can prove I was in bed at 11 o'clock at night.
GEORGE JOIST . I am a shoemaker, of No. 30, John-street, Bethnalgreen. This day week, about 11 o'clock, I was in the front of Mr. Scott's bar, and saw Cooper come in; he said to the young woman at the bar, "Can you give me four sixpences for two shillings?"—she put her hand into the till, took out four sixpences, and said, "Where is your two shillings?"—he said, "I do not want change, I want four bottles of soda water"—the soda water was brought, and he said, "I want Davis's soda water"—about a minute afterwards Hewitt and another man came into the side bar, and the girl then took the soda water back, and Cooper asked her for his two shillings—she said, "You never gave me two shillings"—he said that he had, she said he had not, and he called her a d——d liar several times, and made noise enough for anybody to hear in the parlour—the girl then took two shillings out of the till, laid them on the counter, and was in the act of leaving the bar, when Mr. Scott came from the parlour, and asked what all the noise was about; he said to Cooper, "Is that your money?"—he said, Yes"—Mr. Scott said, "Take it, and go, for we don't keep Davis's soda water"—I was about half a yard from Cooper, and kept him in view all the time; he put no money down—directly he bad gone out, the girl told Mr. Scott, and I said I would follow Cooper; I followed him to the Bull's Head in Walbrook—he called for some soda water there, and when he saw me he said he wanted Davis's; the barmaid said they did not keep it, and he took the money up, and went out—I followed him to Cannon-street, where I met Mr. Scott, who spoke to me—I did nothing more then—I was present with Mr. Scott when Cooper was taken—I do not know what Hewitt and the other man said.
MR. COOPER. Q. Was there anybody in the house with yon? A. My wife—I saw no money put down—I did not see you reach over to the barmaid, nor did you do so—she did not tell you to turn out your waistcoat pocket, but you did so—I did not see how many pockets you turned out.
CHARLES SCOTT . I keep the London Stone, 82, Cannon-street. On 11th Aug., about 11 o'clock in the evening, I was in my bar parlour, I heard a disturbance, came into the bar, taw Cooper, and said "What is all this noise about?"—my servant told me about his wanting Davis's soda water; I said "I have not got any—is this your money?" he said Yes;" I said "Take your money, and go about your business," he did so, and my servant directly made me acquainted with what had occurred—Joist said be would follow him and watch him—I afterwards went out and met Joist, who pointed to a stack of bricks at the bottom of Cannon-street, and I saw Cooper peeping behind it, and gave him in charge—he was taken to my house, and I charged him with cheating my servant out of the money—he said it was his own money—he was taken to the station—when Cooper was taken Hewitt was interfering in his behalf, and I said to him "You are one of the gang, you had better be about your business—next day Cooper was taken to the Mansion House, and Hewitt was there as a spectator, leaning in front of the bar, with his head on his band, and the Lord Mayor asked Mr. Brown if he could see anybody in Court that was with Cooper; he recognised Hewitt, and he was put to the bar.
Cooper. Q. Did you handle the money? A. I put my finger upon it—I told you to take it and go, because I knew very well what a character you
were, and I intended to prosecute you if I possibly could, if it turned out not to be yours.
THOMAS WALDRON (City policeman, 460). On 11th Aug., I was on duty in Cannon-street, at 11 o'clock at night, and took Cooper near Mr. Scott's house—he went back with me to Mr. Scott's, and said he gave the girl 2s.—I searched him at the station, and found on him 2s. and 1d.—as I was taking him before the Lord Mayor next day I saw Hewitt outside the door with a woman, they followed us all the way to the Mansion House, Hewitt in conversation with Cooper—Cooper asked me for a piece of tobacco which I had taken from him the night before—I would not give it him—Hewitt was smoking a pipe which he handed to Cooper; I took it from Cooper's mouth and gave it back to Hewitt.
Cooper's Defence. The barmaid gave me 2s., and if I had not given it to her before, 4s. would have been found upon me instead of 2s.; she denies it because she is afraid of losing her situation; it is not feasible that she should give it me if she had not received it from me before.
Hewitt's Defence. I have two witnesses, Samuel Drew and George Jones, to prove I was in bed at the time. (These witnesses being called did not answer.)
COOPER. GUILTY .
HEWITT. GUILTY .
Confined Twelve Months.
924. JOHN LINE , stealing 1 yard of woollen and cotton cloth, value 1s. 9d., of Thomas Bousfieid, his master; also, stealing 1 yard of cloth, 5 waistcoat pieces and other articles, value 2l. 5s., of Ephraim Levi Green, his master, to both of which be pleaded
GUILTY .—Aged 55.
MR. COOPER for the prosecution stated, that Mr. Green, the prisoner's former master, had lost so much property that he had been compelled to make an assignment to his creditors, and had also prosecuted a female servant and another person living in his service, of which the prisoner was aware.— Confined Twelve Months ,
MR. ROBINSON conducted the Prosecution.
(The prisoners being foreigners, the evidence was explained to them by an interpreter.)
ANN CLANCY . I am an unfortunate woman, and live at No. 18, Dudley-street. On 8th Aug., about half past 12 o'clock, I was with Margaret Kearns, in Margaret-street, Soho, and met the prisoners Trailloux and Joseph; Joseph asked me if I would have anything to drink, and we went to a public house at the corner of Wardour-street, and Compton-street, and had some gin; we all came out, went up Compton-street, and had some more gin—we then came down Compton-street, into Church-street, and Joseph asked me if I would go with him to his chamber—I said, "No," I would not; I did not like to go—he asked me if I would take him home with me; I told him I was in lodgings, and could not—he had his arm around my waist, and I fell to the ground—he directly drew his hand from me, and I put my hand behind me, and felt blood—I called for my friend Margaret, and said that I was stabbed—when I called for her, Trailloux came and kicked me twice in my private parts—I also found a wound under my left breast—I recollect nothing more till I found myself in the hospital.
Trailloux. Q. Was not it you who first asked us to give you a pot of
beer? A. No; I never opened my lips—I did not steal 4s. from you, I never went near you.
MARGARET KEARNS . I live with Ann Clancy. I met Trailloux and Joseph at the corner of Wardour-street; they asked Clancy to have something to drink, and we all four went to a public house—we all came out, went into Compton-street to another public house, and he asked Clancy to have two pennyworth of gin with him, which she had, and I went and had a pint of porter—when I went into Compton-street again, I saw Joseph holding Clancy round the waist, he asked her if she would go home with him; she said, "No;" and he asked her to take him home, she said she could not because she was in lodgings—I walked on two or three yards, and Clancy turned round, and said, "I am stabbed;" and as she was lying in the street, Trailloux kicked her—I went up to pick her up, and Trailloux bit my finger, and Martel came up and gave Clancy a kick on the back, and went away directly; I have no doubt he is the man—she was taken to the hospital, and I went with her, and saw her back and breast wounded.
Martel. Q. Are you quite sure I am the person? A. Quite.
JOHN FIRMAN . I am a tailor, of No. 63, Wardour-street. I saw Trailloux and Joseph talking to the women; Trailloux put his arm round Clancy's waist, and she walked away from him into the middle of the road, and fell, and he kicked her in the privates—I heard Joseph say," Come on," and saw a knife in his hand—about two minutes after that I found that Clancy was stabbed—I did not see her stabbed, or see her fall—she was standing when she was kicked—Trailloux kicked her twice, and then she ran into the middle of the road, and he kicked her again—after it was all over, I saw Martel lying on his face by a baker's shop—that was the first time I saw him.
Martel. Q. Did not you see me with somebody else? A. When you were taken you were talking to two or three gentlemen, by the public house.
CATHERINE REEVES . I am a seamstress, of Short's-gardens, Drury-lane, I was in a public house about 2 o'clock, and saw Trailloux and Joseph come in; Kearns rushed in with two policemen, and said, "Those are the men"—I saw, Joseph throw something down, which I picked up, it was this knife (produced)—I gave it to the landlord.
JOSIAH BANNISTER . I live at No. 52, King-street, Soho. On Monday morning, 8th Aug., between 12 and 1 o'clock, I saw Trailloux and Joseph with Clancy and Kearns, in Dean-street—I saw them scuffle—Clancy dropped, and the two prisoners ran away—I picked Clancy up with the assistance of a caiman, and found blood on her back—a policeman came up, and I told him to go after the men—I saw Martel tipsy in the street; he fell down, as if pushed down, but nobody was near him—that was the first time I saw him—(I had seen three coming down Compton-street, but I could not swear to Martel at that time)—I saw three Frenchmen and two females coming down the street; that was before I saw Martel fall down.
Martel. Q. Did you see me speak to a gentleman? A. No; I went away with Clancy—you were not near Clancy; you were on one side of the way, and they on the other—you were very tipsy.
EDWIN BUTTON . I am an engineer, of No. 6, Macclesfield-street, Soho. Between 12 and 1 o'clock, on this night, I was in Compton-street—I heard a disturbance, and saw a foreigner stop Clancy—there were several other people about—I cannot swear to the prisoners—when Clancy was stabbed I tried to catch hold of the Frenchman, but he had got the knife with which he had stabbed Clancy, moving about so that I could not get near him—in the con
fusion, the men made their escape—one of them was lying on the ground he got up as soon as he could, and ran away—I only saw two men.
JOHN MARTIN . I am a labourer, of No. 93, Berwick-street. On 9th Aug., between 12 and 1 o'clock, I was in Compton-street, and saw Clancy and Kearns there—I saw Martel and Joseph go up to them—Joseph lifted Clancy off her feet as she stood, and said he loved her—the women walked down Dean-street; the two men followed them, and I saw Joseph reach towards Clancy with a knife; I did not see him stick her, but I saw him run away.
NATHANIEL JAMES GRANT . I am house surgeon of Middlesex Hospital. Clancy was brought there, and I found a punctured wound on her back, an inch and a half deep, which ran towards the spine—the knife produced would cause it—it was not at all dangerous, and I believe it has not produced any ill consequences—there was also a small incision under her left breast, very slight, and there were bruises on her left shoulder—I afterwards, but not on that day, examined her private parts, and found bruises, which might have been produced by kicks—her present condition has nothing to do with the wounds—she has a serious disease of the lungs, and has been in the hospital ever since.
THOMAS GODDARD (policeman, C 192). I heard a cry of "Police" in Dean-street, and found Clancy on the ground—I took Martel into custody about a quarter of an hour after it occurred, at the corner of Dean-street and Church-street.
(Trailloux and Joseph produced a joint defence, written in French, stating that one of the women put her hand in Trailloux's pocket and stole three or four shillings; that she afterwards slapped his face, and knocked his hat off, and they were obliged to defend themselves in the best way they could; that neither of them knew what they were doing, and had no recollection of using a knife; and that Martel was not with them.)
TRAILLOUX— GUILTY of assault. Aged 31.— Confined Three Months.
JOSEPH— GUILTY of unlawfully wounding. Aged 25.— Confined Twelve Months.
MARTEL— NOT GUILTY .
NOT GUILTY .
OLD COURT.—Friday, August 19th, 1853.
PRESENT—Mr. JUSTICE TALFOURD; Mr. Ald. COPELAND; Mr. Ald. MOON; Mr. Ald. MUGGERIDGE; and RUSSELL GURNET, Esq.
Before Mr. Justice Talfourd and the First Jury.
MR. PARRY. in opening the case, stated that the prisoners, professing to carry on business as merchants, had obtained goods from the prosecutor, and that Labat had written a letter in the name of "G. C. T. Saugé and Co." Upon his being
given into custody for forgery, Saugé had been called to prove that he had authorised Labat to write the letter. Under these circumstances, the name alleged to be forged being the real name of one of the prisoners, the question arose whether the addition of the words "and Co." (coupled with other evidence), would be giving such a false colour to the supposed firm as to make it a forgery.
MR. JUSTICE TALFOURD, being clearly of opinion that it would not, no evidence was offered, and the prisoners were ACQUITTED .
MR. PARRY conducted the Prosecution.
JOSEPH GAUDIBERT (through an interpreter). I am the agent of Monsieur Davier, at Paris; he is a merchant and dealer in truffles. I received this letter, dated 9th July (produced), in consequence of which, immediately after, on the following day, I forwarded six cases of truffles to the address of G. C. T. Saugé and Co.—this (produced) is one of the bottles that I to forwarded—the value of the six cases was about 2,700 francs (108l.); that it the mercantile saleable value—I had known nothing of the firm of Saugé and Co. before.
Cross-examined by MR. ROBINSON. Q. Had you received any communication from Mr. Davier to forward any of these things? A. No—this letter did not contain a letter of Mr. Davier's.
MR. PARRY. Q. Owing to Mr. Davier being compelled to remain in France, from the illness of his wife, did you arrive from Paris this morning? A. Yes
AUNIE MONTEIR (through an interpreter). I know Mr. Davier; be it a personal friend of mine. In consequence of some communication that I received from him I went to No. 94, London-wall on Saturday, 16th July—I there found Labat and a person named Lavais; they were both sitting there—I asked Labat where Mr. Saugé was—he said, "He is gone out; take a seat, he will come back again"—having no time to wait I asked Labat to give me back the bill of lading or the truffles—I first asked him for the amount of the bill—being angry I told them something, and Labat said, "I don't see why you should abuse me or be angry with me; it was I that had the correspondence with Mr. Davier"—I did not get either the money or the truffles—I know Saugé—I am a baker by trade—Saugé is indebted to me 2l. 5s. and a few pence, for bread—he has owed me that about five months.
Cross-examined. Q. Have you known Saugé for some time? A. I knew him a long time without knowing his name—I knew him by sight at the time I served the bread to him, he having been recommended to me by a person named Hayes, where he lodged (looking at a paper)—this is my handwriting—I first knew Saugé's name when I gave him the last bill, in order to summons him; that bill was delivered by me in West-street, Carnaby-market, about four months ago—I did not remember Saugé at the time I gave my first testimony before the Magistrate—I swore that I did not remember the name; that was about the end of July—I told Labat that I came from Mr. Davier—I am Mr. Davier's representative in London for the sale of truffles.
MR. PARRY. Q. Were you his agent at that time, or have you been appointed so since? A. Before that, a long time—before I was examined before the Magistrate I was not aware that Saugé, who lived in West-street, Carnaby-market, was the same man that lived at No. 94, London-wall.
MR. ROBINSON. Q. Was not some of the bread served to Saugé at No. 94, London-wall? A. Never.
COURT. Q. Did you know Saugé at all, except as a person that
bought bread of you? A. Not his name—I called on him on Sunday to ask his name, in order to summons him—he occupied a back room in West-street—I found him there, and his wife and an old gentleman.
GEORGE SCOTT (City policeman, 8). In consequence of information I received on 26th July, I went to No. 94, London-wall—I there found Labat in a back room on the ground floor—I had the letter that has been produced in my possession—I asked him if he wrote that letter—he said, "Yes"—I asked him if that was his name at the bottom—he said, "No"—this passed in English; he answered me in English—I told him I was an officer—I told the interpreter to ask Mr. Davier, who was with me at the time, whether I was to take him into custody, and he ordered me to do so, which I did—this was in a back room, the front shop is let to a printer—there is no communication with the back room through the shop; there is a long passage, and this room at the back—I saw no books there indicating that business was carried on—there was no name over the door or about the place—I found this sample bottle of truffles which I have produced—I asked Labat if that was part of the property—he said, "Yes, yes, a sample"—he said that in English—I searched him, and found on him some papers, a copy-book, a knife, some keys, and eighteen duplicates—his name does not appear on any of them—(the duplicates were all for small amounts, and at dates from Aug., 1852, to May, 1853—the last is for a paper knife and penholder for 1s. 6d.
Cross-examined. Q. Did not he tell you that he had bought these duplicates? A. No—I have a letter signed by Mr. Davier—I found it on the prisoner (producing it)—he told me at once that he had written this letter—I have other letters—I do not know what they are—Mr. Solomons, the prisoner's solicitor, has seen them (the witness handed them in)—there is a letter of Mr. Gaudibert.
MR. PARRY. Q. Look at those two letters, of 9th and 18th July; in whose handwriting do you believe them to be? A. To the best of my belief I should say they are Labat's.
SARAH LAWRENCE . I am married, and live at No. 94, London-wall. I let a back parlour to Labat; I cannot say the date, I should think it was about sixteen or seventeen weeks before he was apprehended—he paid 7s. a week rent for the room—I did not myself know anything of Saugé, but my servant knew him—I did not see him until Labat was apprehended—I am not in the habit of opening the door.
Cross-examined. Q. Have you had merchants living in that room before? A. Yes, who have carried on business there; the last was Mr. Kellerman; he has gone to Australia—they were Germans—they were general merchants—they dealt in almost everything—before that I had another merchant carrying on business there—a Mr. Alexander lived with me for eight or nine years; he had his office at another place—he did carry on business there for two years, but in a different room—he had the first floor—Labat gave directions to have the name of Saugé and Co. put up, but I objected to it, until I saw whether the business answered—I understood they were going to form a business—he does not owe me anything for rent—he paid me the rent regularly, and lived in a most economical manner.
MR. PARRY. Q. Do you know that sometimes letters that came there were taken away again, because he had not money to pay for them? A. He paid for all the letters he had—I used to pay for them, and he paid me instantly he came in—when I have been out, and the girl has not had money, they have been sent back—he had no clerks—I do not know where he lodged, but I had a reference.
MR. ROBINSON. Q. Where was that reference? A. No. 11, Mark-lane, to a gentleman named Claridge—I went there and saw the gentleman; he had an office there—the reference was satisfactory.
SOPHIA SEARS . I live at No. 8, West-street, St. James's. I know Saugé; he lodged at my house from Feb. 3rd to April 20th—he paid 4s. 6d. a week he owed 12s. or 14s. when he left, for which I detained his things—it was afterwards paid, and he fetched away his things—I have seen Labat at the house, coming to see Saugé—I do not know that he ever slept there—he used to come now and then.
JAMES ELLERCOTT . I live at No. 24, Dean-street, Soho. Saugé came to lodge at my house on 12th March—I am sure it was March, and not April, for I enter everything—he occupied the back room, third floor, and paid half a crown a week—he paid up every halfpenny.
Cross-examined. Q. Did he then leave? A. He lived there till he was apprehended—Mrs. Saugé is there still—he has his own furniture, such as it 1s.
MR. PARRY. Q. How is the room furnished? A. Very poorly indeed; and there is a bed of hay or straw; they have no table, and I think not a chair.
GEORGE MESHELL . I live at No. 16, King-street, Soho. Saugé came to lodge with me in Oct, 1852, and left on 3rd Feb., 1853; he owed me 2l., 5s. when be left; he owes it me still—I do not think he has been capable of paying it—I have not pressed him for it, because I know him to be a poor man, and I think he is a man of good principle, by what I have known of him while he lodged with me—he paid 5s. a week.
ANTOINE DURLIN (through an interpreter). I am a pasteboard maker. I know Saugé—he worked for me for about three weeks in July last—he assisted me, and made boxes with me—he has 1s. per day, as an apprentice, to learn the business—I know that he received assistance from the Association Revolutionaire, it was generally 5s. or 6s. a week.
Cross-examined. Q. Have you known him besides the three weeks he was employed by you? A. Yes; his character was very good.
MR. PARRY. Q. Did you know anything about his carrying on business as a merchant in London-wall? A. No.
MR. ROBINSON. Q. Had Saugé's name been mentioned in connexion with this matter before? A. Yes (MR. ROBINSON objected to the reception of this evidence, it being a statement made on oath, and therefore compulsory; and at a time when the party making it was evidently under some suspicion. MR. JUSTICE TALFOURD was clearly of opinion that the evidence was admissible, the point having been thoroughly considered in several recent cases.)
MR. PARRY. Q. Was Saugé called as a witness on behalf of Labat? A. He was; the charge against Labat being forgery—he was examined through an interpreter—my note is in English.
AUGUSTUS GOUGENHEIM . I was sworn as interpreter when Saugé was examined on behalf of Labat—I translated the questions to him—the evidence was given by him in French, and I gave it to Mr. Wood in English—I heard the evidence afterwards read over by Mr. Wood to Saugé, and translated it as it was so read over—I interpreted it faithfully, to the best of my skill and knowledge.
(Mr. Wood read the statement of Sauge, as follows: "I live at No. 24,
Dean-street, Soho, and carry on business at No. 94, London-wall, in partnership with the prisoner—I began the partnership on 1st April, this year, and have ever since carried on business with the prisoner till this day—I signed an agreement, written by the prisoner, on 1st April; it was signed and approved by me—this is it; I produce it—it was made in duplicate, and signed by each—I have a knowledge of the business with Matthew Clark and Sons, of Great Tower-street—it was with my sanction and knowledge that Mr. Labat wrote the letters produced—I do not acknowledge the letters, but I was informed of their contents before they were written—I very seldom attend at the office, No. 94, London-wall—I have attended there three, four, five, or six times—I never inspected the books—I by myself never did any business until 25th July last—I left all the business to be transacted by Labat—the truffles arrived about three weeks ago—I did not know of any arrangement for the sale of the truffles before they arrived, but I did afterwards—the prisoner told me he had sold them to a perfectly honest man, but did not mention the name of the party—I made no objection—I did no business—I have received a check for 5l. on our joint account."
Cross-examined by MR. PARRY. "That sum of 5l. was received on account of 500 dozens of champagne—the signatures to the letters of 2nd July are by my authority and with my sanction, and also to the letters of 9th and 18th July—I have given the prisoner generally an authority to sign 'G. C. T. Saugé and Co.;' and we must each sign in that way." The letters that have been produced to-day were put into his hand.) "I never brought anything into the firm; that was to be decided afterwards—we had no bankers—we had no commercial books—I have never seen any, and never asked the prisoner about them—it was agreed that we should take out 5l. per week for our own personal wants—I never received a sous; I never applied for it—I believe the truffles are at Mr. Potier's, at Fulham—I do not know if they are sold—I gave orders to a person, named Lage, to sell them—I know that the cases of truffles have been received by us—I have been in England about fifteen months—I received of Mr. Lage 10l. on account of the truffles; Labat has received 40l. of Mr. Lage—I once paid 7s. for the rent of the little office in London-wall—I know Mr. Durlin; I was in his employ three weeks to make pasteboard boxes, and got 1s. a day—I owe Mr. Monteir 2l. 5s. for bread supplied to me—I have lived in Dean-street four months, and paid 2s. 6d. a week for a room on the third floor, a back room—I owe no rent—I lived at No. 8, West-street, Camaby-market, before I went to Dean-street—I resided there two or three months—I occupied the second floor back room, and when I left, 13s. or 13s. 6d. was due, which I paid the same week—I lived at No. 16, King-street, Soho—I rented the third floor front, for which I paid 7s. a week—I owed, when I left, 2l. 5s. rent—the landlord is a friend of mine—I gave him an acknowledgment for the amount, which is not paid yet—I do not receive anything by way of charity, but I receive 6s. subscribed by my political friends—Labat must have received the 40l. in three or four times, as he told me himself—I never received anything—there have been other goods ordered—in France the prisoner received some stays, goods coming to 24l.—I have received no moneys on that account—I know that 500 dozens of wine have been ordered in, or are on their way to be forwarded by Mr. Taillien—I received 10l., on 25th July last, of Mr. Lage—he lives at the Star Coffee House, Hatton-wall, Hattongarden." Re-examined. "I gave orders to Labat to send the truffles—Labat sent to Paris a bill for 600 francs for the stays—that has been paid; I know nothing about it myself. ")
place, Old Kent-road. On Tuesday, 19th July, I saw Labat against the World Turned Upside Down, a public house in the Old Kent-road—there was another person with him, not Sauge—he was pointed out to me at the police court—Labat had a youth with him, and the youth asked me if J could get a truck to carry 8 cwt.—I said it was a very hard thing to get, but I knew where I could get a horse and cart—he said he would go and see the gentleman, and when he saw the gentleman, that is, Labat, he came with him—Labat asked me what I would take six cases over to Fulham for with a horse and cart—I told him if be would come along with me I would tell him—he went along with me to my master's, and I agreed to take them for 6s.—he bid me 5s., but agreed to give me 6s., and I went with him to the South Eastern Railway, and loaded six French cases—both Labat and the other were with me at the station—we got six small cases there, and took them away—we stopped outside Mr. Brown's door, and Labat desired me to open one of the cases, to give him a sample—I did so—it was something of the shape of the bottle produced, but it was wrapped in white paper and straw, and I could not say what it was—I then took the cases to Walham-green, Fulham—I do not remember the direction—it was on a piece of paper which have lost, but it was just opposite the Swan brewery—it is six or seven miles from the Old Kent-road—I left the case there—I put them into a stable, as I was directed to do by a female there—it was a stable belonging to the gentleman of the place, I suppose—it was a private house—it looked to me like a villa—I saw the gentleman at the police court who was with Labat that morning—I think Potier is the name of the gentleman who lives at the villa, but I would not be certain—the female paid me for this, and gave me 6d. for myself—Labat did not go with me—he left me in the Kent-road, by the Deaf and Dumb Asylum—it was from 11 o'clock to half past 11 in the morning.
MR. ROBINSON to JOSEPH GAUDIBERT. Q. Have you ever seen these two letters (handing him two of those found on Labat)? A. No—truffles are merchandise generally sold for ready money—I know nothing from Mr. Davier about Labat having these at four months' credit, or about their being paid for by a bill at four months.
(The letters produced were here translated and read. The first was from G. T. C, Saugé and Co, to Mr. Davier, merchant, of Carpentras, dated 2nd July, from 94, London-wall, requesting him to forward them 100 bottles of truffles, which, if satisfactory, would lead to more important business. The answer to this letter was also translated; it was dated Carpentras, 6th July, 1853, stating that Mr. Davier had directed his agent in Paris to execute the order, A letter from Saugé and Co., of 9th July, was also translated, addressed to the manager of the firm of Mr. Davier, at Paris, inclosing Mr. Davier's letter of the 6th, and requesting that the truffles might be sent at once.)
Mr. George Claridge, wine merchant, 11, Mark-lane, deposed to Labat's good character.
LABAT— GUILTY . Aged 40.— Confined Eight Months.
SAUGE— GUILTY . Aged 30.— Confined Two Months.
Before Mr. Justice Talfourd and the Second Jury.
929. JAMES LANE and GEORGE WICKS , stealing, on 14th May, on the High seas, within the jurisdiction of the Admiralty of England, 12 pieces of foreign gold coin, and other moneys, of William Metcalfe.—2nd COUNT, feloniously receiving the same.
MR. PARRY conducted the Prosecution.
WILLIAM METCALFE . I am a seaman; I lodge at No. 18, Severn-street, St. George's; I have been for the last three years in the service of the Hudson's Bay Company, as a lighterman; I was engaged as a lighterman in their service at Vancouver's Island. I came home from there in the Norman Morrison—she left Vancouver's Island in March—on leaving the island I had 136l. in my possession; it was in twelve fifty dollar pieces, four tens, four fives, one single dollar, and a twenty dollar piece—they were all gold coins, and there were six silver dollar pieces, several diems, or sixpences, and one English shilling—I am a married man—my wife was with me at Vancouver's Island—I received 17l. a year wages for three years, and my wife took in washing—she came home with me—she is not here today; she is close to her con-finement—we expected her to have been confined on board—she was very bad when I left home this morning—I took out 40l. worth of goods with me to the island, and I cleared between 30l. and 40l. by them; I got between 70l. and 80l. for them on the island—that, with my wife's earnings, and my own, was the way in which I made my money—when I first left the island I had the money in a leather belt, with pockets in it—I afterwards had it sewn up; before that, I gave it in charge of the apprentice, George Naunton, for four or five days, on board the ship, till I got settled on board; and after that I received it all safe from the apprentice, and then had the belt sewn up by the sailmaker on board the ship—I wore the belt always about me till we came oft' Cape Horn, when we had some bad weather—I then left it off, and put it into a small basket inside my chest—in the course of two days afterwards I went to look for it, and it was gone—I made an alarm to the captain of the ship—the captain has got the date down in the log; it was in May—I know the prisoners, and knew them on the island; they went out in the same ship as I did originally—they were labouring men on the island—they were invalided by the Company, who sent them home—they had been sick on the island; I cannot say for bow long, but for a long while, or else the Company would not have sent them borne—I do not know whether they were in the habit of trading at all—while we were on board I bought a pipe of Wicks, for a dollar and a quarter; I went to my chest for it, and I paid him with a five franc piece—Wicks saw me go to the chest—he and Lane were sitting on Wicks' chest at the time—our cabins were opposite one another, between decks—Lane was between decks, and there was Wicks, his wife, and two children—I do not know the age of the eldest; I did say up at the Court that it was about fourteen or fifteen years of age; it looks about that—Lane has no family—it may have been a week before I missed my money that Lane and Wicks saw me go to my chest for the dollar—to the best of my knowledge, it was in the middle of the day that I discovered my loss—my chest was unlocked—the captain sent the doctor and the chief mate all over the ship to make search—I was present when the boxes of the prisoners were searched—I saw what the doctor found in them, except the three fifty dollar pieces belonging to Wicks—I did not see them found, because I was called away at the time—the money was all laid out for me to look at—I was there when Wicks' box was searched—I saw the other coin found, but not the three fifty dollar pieces—in Lane's box nine fifty dollar pieces, and a great sum more money, was found; I do not know how much altogether—the captain has got it all down, and he can tell—Lane had some twenty dollar pieces; how many I cannot tell—I was not able at the time to identify any part of the money that was found—one of my fifty dollar pieces had a nitch in it, as I reported to the captain on the same day—I have not seen that since—I saw it at the
time Lane's box was searched, but could not identify it—I could identify it now if T were to see it, but I was in such a flurry at the time through losing my money, I was too much hurt—I told the captain on the same day that I made the alarm of the robbery that one of my dollar pieces had a nitch in it—I know a man named Lowe; he was an able seaman on board the Norman Morrison—previous to the robbery he paid me two dollars; that was a week or a fortnight after we left Vancouver's Island—it was about a fortnight before I missed my money; I beg your pardon, it was in May that I missed my money; I am wrong—Lowe paid me the two dollars about a week or a fortnight after we left Vancouver's Island, and I lost my money in May; that is all I know—the captain has got it all booked down—as soon as I received the two dollars I put them into my belt—I gave the alarm of the robbery the moment I found I had been robbed—the same day that I missed my money, Lane said he had marked his money on Vancouver's Island before he left—it was after I had made the alarm that I said that—after that, in the evening of that day, I saw Lane marking coin, but I was not close enough to him to see what sort of coin it was—he had money on the chest, and Wicks' boy was holding him a light at the same time—I have seen that boy in the Court yard here this Session; I do not see him in Court now—I saw him today, just before I entered the Court—I had a house at Vancouver's Island—I sold that when I left, for 100 dollars, to the head engineer of the Company's steam-boat—I changed my silver for six or seven fifty dollar pieces at the priest's on the island—the rest of the fifty dollar pieces I took in trade, from some Americans—fifty dollar pieces are very scarce on the island—I cannot say whether or not the priest had any more fifty dollar pieces besides those he gave me.
Cross-examined by MR. BALLANTINE. Q. When did you leave the island? A. In March—I cannot recollect the day; the captain has got it down—I was not invalided—I came home as an ordinary seaman, not as an able seaman—an able seaman can do more duty than an ordinary seaman—I did not work my passage home, I was paid 2l. a month—a man who works his passage does not have any pay—I was hired by the captain, and paid as a sailor—I put the money into my belt as soon as I came on board the ship—nobody saw me put it in—it was not sewn up till about a week before the robbery—the robbery was in May—it was just about a week before that that my belt was sewn up—it was not a month or five weeks before the robbery—I suppose it must have been five or six weeks after we left Vancouver's Island that the belt was sewn up; I wore it before it was sewn up—it had buttons to it, which kept the money in—I cannot exactly say how long I wore it so—I left it off in the bad weather—I received the two dollars from Lowe, a week or a fortnight after we had sailed—I have made a statement that it was a week or a fortnight before the robbery, but I did not mean what I said; I made a mistake; it was a week or a fortnight after we left Vancouver's Island—I made that mistake in my flurry, but I called my words back—I made a statement to the Captain when the robbery was found out—I gave a description of my money, and made a statement on the subject of sewing up my belt—he did not ask me anything about sewing my belt up—I did not tell him I had sewn it up a week or ten days before the robbery—I was not asked about the belt, to my knowledge—on my oath, ft was a week or a fortnight after leaving the island that I received the two dollars from Lowe—I did not notice any mark on them—I did not see his name on them, I have not seen them since—there were nine fifty-dollar pieces in one of the boxes, and three in the other—they were all given back
to the prisoners, and all the rest of the money—it remained in their possession till the captain had it taken away, before we made land, and they were given into custody.
Q. Were they given into custody in consequence of your telling the captain that Lowe had given you these dollars? A. They were given into custody by my losing my money, and finding the same sort of coin—Lowe went to the captain, and told him about the two dollars—I do not know how long that was before we made land—Lowe had not been speaking to me about the two dollar pieces—he had not told me about them; not a word was said to me about them at the time—he first mentioned them to me shortly after the robbery—I cannot rightly say how long after it was, a few days—he told me he had got, in change of a 20 dollar piece, from Wicks', two dollars that he had paid me previous to the robbery—I did not see them; he did not show them to me, and I did not ask to see them—I did not go and tell the captain about it; I told the mate—I do not know whether he is here—we mostly tell the chief mate anything; we do not go to the captain—Lowe himself went to the captain, and took the two dollars to him—I do not know when he went—I have not been talking to Lowe about this since we were before the Magistrate—I found out after I left the police court that I had made a mistake in stating that I received the two dollars a week or fortnight before the robbery—I thought of it soon after I left the Court—I was not in company with Lowe when I thought of it—I was by myself—Lowe was examined at the police court after I was—I think I was outside when he gave his evidence—the belt had been sewn up more than a week or a fortnight before the robbery—the two dollars were put in before it was sewn up—I have not been much about with Lowe lately—I do not know whether Lowe had any money.
MR. PARRY. Q. Who sewed up your belt? A. Knight, the sailmaker; he is here, he can tell you when it was—the captain kept the two dollars when Lowe took them to him—he had said to me, "Metcalfe, here are two dollars that I paid you previous to the robbery—I said, "Well, the best way is to give them up to the captain;" and sometime afterwards he gave them to the captain.
COURT. Q. What was it that Lowe said to you? A. "I have got two dollars which I paid you previous to the robbery, which J got in change of a twenty dollar-piece from Wicks, and he could not give change of a five dollar-piece before"—that was what Lowe said; he wanted change of a five dollar-piece before—at the time that Lowe paid me the two dollars, I was not at all aware that they had any marks on them—when I first came on board, I gave my belt to George Naunton, the apprentice; it was in his charge for four or five days, he then gave it me back all safe—I then wore it round my body for a few days, and after that got the sailmaker to sew it up—I am quite sure that was after Lowe had paid me the two dollars—I then wore it round my waist till the bad weather came on, and then put it in a small basket inside my chest—it was two days afterwards before I went to the chest and missed my money—I have not seen the belt since.
ALEXANDER COUNT . I was a seaman on board the Recovery, on Vancouver's Island. I came home from there in the same ship, with Metcalfe and the prisoners—I saw the prisoners a short time before we left the island—they were ill—I knew Metcalfe—I have bought some things of him, and seen him receive money for things that he sold—I know that he was in the habit of buying and selling on the island—I never saw any sum of money in his possession.
JAMES KNIGHT . I live at No. 17, Fox-lane, Shadwell. I was sailmaker on board the Norman Morrison—I sewed up a belt for Metcalfe, that was, I should think, about a month after we left the island—while sewing it of I saw him pass two or three gold pieces from one pocket to another—the belt was divided into different pockets—it was a long belt that went right round his body—I felt the weight of it, it felt pretty weighty; I could not tell what was in it.
COURT. Q. To what port did you come? A. London; I cannot say what day of the month we arrived.
JOHN RICHARD LOWE . I am now living at the Seaman's Home, in the East India-road—I was an able seaman on board the Norman Morrison—I know Metcalfe, he was Jemmy Ducks on board, that is a sea phrase for a person that takes care of the stock—I know the prisoners—I remember paying Metcalfe two dollars on board, for two pairs of Indian mocassins—I should know those dollars again (two dollars were here produced by the captain)—these are them—I know them by my name "Lowe" being scratched on them with a needle; I scratched it myself with the point of a needle, I do not know what possessed me to do it—it was done just before I went to work; I had a needle in my hand, and I was waiting for Metcalfe to pay him these two dollars when he came down; I was at work at some sails at the time—I marked them as I was sitting on the work bench—I had got them out for the purpose of paying Metcalfe—I marked the same on both, one on the pillar, and one, I believe, I marked in two places—I paid them away to Metcalfe directly after I marked them—I remember the robbery—sometime before the robbery, I remember wanting to change a five dollar-piece with Wicks; that might be three or four weeks after we left the island—I bought an oilskin coat and two south westers of Wicks, and I wanted to change the five dollar-piece to pay him one dollar, and he could not give it me—on the day of the robbery I changed a twenty dollar-piece with Wicks; that was at two bells, about 1 o'oclock—I bought four pounds of tobacco of him at seventy, five cents per pound—I received seventeen dollars in change, and among them were these two that I had previously paid to Metcalfe—I noticed one of them directly he gave it to me, and I noticed the other when I was relieved from the wheel at 4 o'clock; I went to the light in the forecastle and looked—I mentioned the matter to the ship's company in general, and I afterwards gave the two dollars to George Naunton to take to the captain; the captain had spoken to me at the wheel if I did have two such dollars, and I said I did.
Cross-examined. Q. You did not take them to the captain till he spoke to you about them? A. No; I kept them by me the whole voyage—I did not know that they must have been stolen from Metcalfe—I did not know but what Metcalfe might have changed them with somebody else—I did not speak to Metcalfe about it; he spoke to me about it—I learnt it then—I did not know that I had any particular right to go and give them to the captain—I did not know but what Metcalfe might have been trading with the prisoners and passed the dollars to them—I did not ask him about it; it was not my business to ask him—I did not show him the dollars; I showed them to the ship's company—I do not know why I did not show them to him—it was from mere pastime that I marked them, not from any expectation of seeing them again—I have often done so before; I have marked things on the ship's top, and I have my name on my arm; probably I have marked my name on dollars before—I do not recollect when I spoke to Metcalfe about it—I asked him if he had been exchanging any money
with Wicks—perhaps that was two or three days after the robbery, it might be one day, it might possibly be on the same afternoon, I cannot say for certain—I did not show them to him, he never asked me—I told him I had money that I had marked which I had given to him, and that I could identify it, but he never asked to look at it, and I never showed it to him—I asked him whether he and Wicks had had any dealings together, and he said that they had had dealings together—I did not know whether he might have got the dollars in that way—I had about twenty-seven dollars when I left Vancouver's Island; they were not single dollars—I had two or three gold dollars, and had a 20-dollar piece; that was all the money I had on me when I left the island, it might amount to about twenty-nine or thirty dollars.
MR. PARRY. Q. Do you say that Metcalfe had had dealings with Wicks? A. He told me that he bought a pair of shoes of Wicks, and gave him a dollar for them, that was all he told me—that was in answer to my question as to what dealings he had had with Wicks—when I found these dollars I mentioned it generally in the ship's company.
DAVID DURHAM WISHART . I was captain of the Norman Morrison. I remember the prosecutor complaining of having been robbed on the 14th of May, the sums he mentioned are in my log (reading); twelve 50-dollar pieces, one 20-dollar piece, four 10-dollar pieces, three 5-dollar pieces, one 1-dollar piece, that was in gold—in silver there were 6 dollars, 4 diems, and 2s.—in answer to my question he gave me a description of one 50-dollar piece; he said one 50-dollar piece was slightly indented in the edge; it did not appear to be filed, and it was an old piece—he did not mention to me anything about two marked pieces in reference to Lowe—we came to England about 14th or 17th of July—we came in the dock on the 1st of August—the boy Naunton gave me the two dollars I produce to-day—I gave direction to my surgeon and mate to search the ship—in consequence of that certain money was found in possession of the two prisoners; in Wicks' possession there were three 50-dollar pieces, one 20-dollar piece, one 16-dollar piece, that is a doubloon; five 10-dollar pieces, two 5-dollar pieces, and three English sovereigns, in gold, and 197 1/2 dollars in silver, 24-quarter dollars in English and American money, 4 dollars of silver, and a bill for 30l.—there were three 50-dollar pieces on Wicks, and nine 50-dollar pieces on Lane—till I arrived in England Lane and Wicks were in possession of their money; I then took possession of it—it is here with the men's own seal on it; it has never been broken—Metcalfe has never had an opportunity of seeing these moneys in my possession.
Q. Open the parcel, and produce the twelve 50-dollar pieces? A. These are them—these nine 50-dollar pieces are Lane's—these are the other three that were on Wicks—the ship was searched, and the other men's money was searched as well as these—I did not find a 50-dollar piece in possession of any other man in the ship—these moneys remained in possession of Lane and Wicks till they were sealed up—I did not consider myself justified in taking it away—I took it away when I thought there was a possibility of their making away with it.
Cross-examined. Q. Did Metcalfe examine the money in your presence? A. Not in my presence—the report was made to me by the surgeon and mate—I spoke to Metcalfe afterwards—he said the mark he spoke of was not to be found—if he had identified any of the coins I should certainly not have let the money remain in possession of the prisoners.
Q. Did the prosecutor at any time tell you that Lowe had two marked
pieces of money? A. I had a report from the chief officer, the prosecutor did not make any report to me—he knew that I had taken the coins down—he was fully aware of the whole matter—he frequently spoke to me after the robbery as to what measures he should adopt to recover the money—he did that once or twice from 14th May till we made London—he did it about the early part of July—he never said one word about the marked dollars—he never told me about Lowe having the marked dollars till they were in my possession, and I had sent for him and mentioned it to him—I believe he was aware of the fact before I told him—the prisoners had conducted themselves quite well—Vancouver's Island is a place where emigrants pick up money—I know nothing positively about Lane's employment on the island—I simply know that when I arrived he was in the service of the Rev. Mr. Steane, the clergyman.
MR. PARRY. Q. You had conversation with Metcalfe before and after these dollars were given up by Lowe? A. Yes; be consulted me on the measures he should take on more than two occasions—I gave him such advice as I thought was right—I took possession of the money, that he might take what steps he pleased—my crew consisted of thirty men—all their boxes were searched.
WILLIAM METCALFE re-examined. Q. Look at the dollars produced by the captain, those nine; do you recognise any one of them? A. Here is one dollar which has the same bruise in it as the one I had in my possession—this is out of the nine—I speak positively to this one—I have no doubt at all about its being one of the dollars I had in my possession.
Q. There is an entry in the captain's log of three 50-dollar pieces, and you have told us there were four? A. That was in my flurry I told the captain it was three, but there were four—I did Hot recollect that till we came to the police court—I had not an opportunity of fully examining these dollars before as I have examined them now—I did not take a look at them—I was in a passion at the time—I was in great trouble, it was all I bad—I know it now—if you were to put the whole twelve together I could select it again—this is the one that I can positively swear to—I told the captain on board the ship that was the only piece of coin I could identify from out of the lot.
CHARLES SAUNDERS . I was surgeon on board the Norman Morrison, At the desire of the captain I searched the ship, and found the moneys that were put down in the log—there was more than 200l. altogether—they were taken down and put in the log—I signed both the official log and the other log—there were not any other 50-dollar pieces in the ship beside those found on Lane and Wicks—by the captain's orders, the moneys were sealed of by the policeman.
Cross-examined. Q. Do you know of Metcalfe examining all these? A. He had the opportunity of examining them—he looked over them, and examined them in his own hand—he looked at them with care—we were all flurried—he said there was nothing there that he could swear to.
MR. PARRY. Q. Was not Metcalfe very much excited about the loss of his money? A. Yes; it was just after the loss that we went to search—he was no doubt very much excited.
GEORGE NAUNTON . I came from Vancouver's Island with Metcalfe in the Norman Morrison—when he first came on board he gave me a belt to take care of—it was heavy—I afterwards gave it back to him exactly in the same state in which I received it—I remember the complaint of the robbery being made—I took down some things on a slate for the surgeon and mate—
Metcalfe was present—he appeared to be very much excited at the loss of his money—I remember taking two dollars to the captain from Lowe.
COURT. Q. Do you know what there was in the bag? A. No; I took care of it, and gave it back to him again—I did not take notice how it was fastened.
JOSHUA JUDGE (police inspector). From information I apprehended the prisoners in the East India Dock, alongside the ship—they were both together—I said, "Lane, where did you get the money that was taken from you, that the captain has got?"—he said, "I got three 50-dollar pieces from a Mr. Robinson on the island, three 50-dollar pieces from Mr. Clidon, and two 50-dollar pieces from a sailor or mate"—I said, "What is his name?"—he asked Wicks what his name was, and Wicks could not tell him—he then said his name was on the book—Metcalfe was present, and he produced the book, and said, "It is false! this book is mine; you have taken that name out of the book"—it was a Bible—it is not here—the name I think was Cardiff—when Metcalfe produced the book, and showed the name, Lane said, "That is the name"—Metcalfe said, "It is false! that book is mine; you took that name out of the book"—I said to Lane, "Where did you get the other money from?"—he said he got one 50-dollar piece from an Indian, one 50-dollar piece from Mr. Hawkins, one 50-dollar piece from George Mason; that makes eleven altogether—I asked him where he got the other money from—he said for his service in trading on the island, and that he bad 17l. a year from the company—I then said to Wicks, "Where did you get your money from?"—he said, I got one 50-dollar piece from one of the officers of the ship Dufney"—he did not know his name; one fifty-dollar piece from the captain of a schooner; he did not know the captain's name; and one 50-dollar piece from a farmer on the island for a pig and some fowls—I asked where he got the other money—he said it was what he had for his service on the island in trading, and he had 17l. a year from the company.
Cross-examined. Q. Will you swear it was not two from Clidon? A. No; three 50-dollar pieces from Clidon, and two from a sailor or mate.
COURT. Q. Are you quite sure he said three from Clidon? A. Yes, my Lord; there is no mistake—I gave that in evidence before the Magistrate.
MR. BALLANTINE. Q. Was the deposition read to you? A. Yes—I do not know that I took particular notice of it—I suppose it was read for me to know whether it was true.
MR. PARRY to CAPTAIN WISHART. Q. What is the price of a pig there? A. From four to eight or twelve dollars—fowls are from half a dollar to a dollar each.
Cross-examined. Q. Did you find that Metcalfe had any money except this that was in his belt? A. No.
MR. BALLANTINE to WILLIAM METCALFE. Q. Had you any other money except that which was stolen from you? A. No, only 2s. I received the same day.
LANE— GUILTY . Aged 29.
WICKS — GUILTY . Aged 34.— Confined Fifteen Months.
NEW COURT.—Friday, August 19th, 1853.
PRESENT—Mr. Ald. COPELAND; Mr. Ald. MOON; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MR. HORRV conducted the Prosecution.
JOHN RICHARDS . I am a master mariner; I lodge in Shadwell. On Saturday, 2nd July, about 12 o'clock at night, I was crossing Tower-hill—I was attacked by four men, and knocked down—Clarke was one of the men—I had a gold watch, a gold chain, and gold key in my possession—I had some struggling and fighting with the men, and knocked some down—shortly after they were gone, I missed my watch, the chain, and the seal—I had given 16l. for the watch—I am certain Clarke was one of the men; he struck me—I saw the witness Hopkins there on that occasion—on 26th July I was at the Thames police court—that was the third occasion of my going—I recognised Clarke as one of the persons; I afterwards heard him speak—on the night of the robbery I heard him speak to his companions, and when I heard him speak I knew his voice again instantly.
Cross-examined by MR. BALLANTINE. Q. When was the robbery? A. On 2nd July—this is the watch; I bought it of Mr. M'Cabe, in Cornhill, in March, 1849—I did not give Jewell into custody—he charged Carramelli with being a receiver of the watch—he was examined, and Jewell was a witness against him—my solicitor in this case is Mr. Hearn; I found him in the office—I applied for a solicitor, and he came to me in Mr. Clark's office—I spoke to the policeman, and the solicitor came into the office, and said he wished to speak a few words to me—I had applied for counsel in the office—Mr. Hearn came up and spoke to me; he told me he was appointed—I saw his card afterwards—he gave one of my witnesses a card—I have not it here—he said he was appointed by the Court to draw the brief up; the Court was to pay him—I asked him who was to be the counsel; he said he did not exactly know—I paid him 5s. for drawing the brief—I was to have that back again.
MR. HORRY. Q. You wanted a counsel and a solicitor? A. Yes; that was in consequence of hearing that the prisoners had counsel, and I wanted one and inquired for one.
JAMES HOPKINS . I am lance corporal in the 97th Regiment. I recollect 2nd July—I was near the Minories, and met the prosecutor at a coffee stall—I was in his company at the coffee stall—while we were there, I saw some men come from the corner of a street, and strike this gentleman; there were three or four—they struck Captain Richards—Clarke was one of them—I would not swear it, but to the best of my opinion he is one—he ran over with the other parties—I do not know whether they knocked the prosecutor down, but I saw him stumble—he wanted to give me into custody, but I gave my name and address at the Tower, and I was called a few days afterwards—on 26th July I was at the Thames police court—I there saw the person I believe to be Clarke—that was the time I did recognise him—I do not recollect whether I heard his voice at the time of the robbery.
I know the prisoner Jewell—I saw him in the Highway with his brother; I do not know whether he resides there—on 7th July I saw Jewell—I did not see his brother, only him—he showed me a watch; this (produced) is it—he asked my opinion what was the value of it; I said, I do not give my opinion; but whenever you want to sell the watch, I will give you 5l. 10s. for it"—he said, "I can't sell the watch, because I bought the watch of a caiman, for 4l. 10s., by chance. "
COURT. Q. You were interpreter here the other day? A. Yes
Cross-examined. Q. What did you say you were? A. I am a general dealer in old clothes, and jewellery as well—I carry a bag—I do not go about the areas early in a morning—I never go out before 11 o'clock, not when the masters are all gone out—I am a master myself—very likely every body has not the same opinion of me that I have myself.
Q. I believe they have had the impudence to take you into custody for a watch, and the prosecutor somehow did not appear? A. Yes; I have been in custody twice within four or five years—I was not in custody for a diamond pin; I know nothing at all of it—I never heard that it was found at my feet.
Q. I am speaking of a respectable place called Benjamin's coffee house; were you not accused there of stealing something? A. No; I have never beard of this diamond pin before—Isaacs never charged me with stealing—I have not known Carramelli long, perhaps about three months—I made the statement on the Thursday about this boy showing me the watch, and saying be bought it of a caiman.
Q. How came you to give evidence against this young man? A. I passed in the Highway, and went into a friend's of mine, Mr. Harris's, who lives not far from Jewell's, and he said to me, "Mr. Isaacs, Jewell and Carramelli are locked up for a gold watch"—I do not know whether Jewell was locked up then—I said, "Who is Carramelli?"—he said, "He lives in the Highway, lower down"—I do not know that Jewell was only locked up on my making this statement—when I was at the Court I did not see Carramelli in the dock, I saw him when he went out; I saw him in the dock—I do not know whether Jewell was beside him—I do not remember whether Jewell was in the dock—I have been told that Jewell was a witness, and he was put in the dock—I did not see Carramelli before I went to the police court to tell this story about Jewell and the caiman—I was not his bail—I was never Carramelli's bail—there were two other gentlemen who were; one is a rag merchant in the Highway; I do not know their names—I had no communication with Carramelli before I made this statement; I only saw him twice—when I passed his shop I said to him, "Good morning"—he was outside his door—that was all that passed—I swear nothing else was said—I never had any other communication with him—I certainly went for the purpose of clearing him—I am to get nothing at all for it—I have not had any money from Carramelli, nor any promise; nothing at all.
MR. HORRY. Q. Have you made any conditions or agreement for remuneration or reward for coming here today? A. No; I did not make any agreement at any time with Carramelli—I came here to-day to state what I know, and no more, without solicitation from Carramelli.
HENRY JACKSON (police sergeant, H 11). I apprehended Jewell on 9th July—I first asked him if he had bought a gold watch last week—he said he had bought one—I told him I expected it was a stolen watch—I told him he must go with me to the station—he said, "Let me go back to my brother first, to his shop"—I consented, and went back with him to his brother, who is a clothes dealer in the Highway—his brother was not in the shop, and
Jewell turned round and opened his coat, and I saw he had a chain—I said, "I suppose you have got the watch"—he unscrewed it, and gave it to me—I looked at the name and number—I had a description of the stolen watch, and this corresponded with the maker's name and number—I asked him where he got it from—he said he bought it of a dealer—I asked him who he bought it of, and after a minute or so he said, "I will show you; I will take you to the place"—he said be bought it of a man of the name of Carramelli—I went to Carramelli's shop with him, which is in the Highway—on the way there I asked him what he gave for it—he said 4l. 10s.—when I got Jewell and Carramelli together I asked Carramelli, in Jewell's presence, if he had sold a gold watch to this young man, pointing to Jewell—he said, "No, I have not sold any gold watch or any watch for a fortnight, but one; that was a pinchbeck one"—Jewell said, "Yes, you have; you sold me a watch" Carramelli said, "No, I did not; you know I did not"—he said, "What does all this mean? Do you want to bring me in trouble? I know nothing about any watch. "
Cross-examined. Q. You have known this lad some time, and the shop where he lives? A. Yes, some time—I believe him to be a respectable young man—I did not know Carramelli till this time—I have not been by there lately; I do not know if the shop is shut—I have inquired about Carramelli, and find he bears a good character—this young man was wearing this watch—watches, when stolen, frequently find their way to Rag Fair, and change their name and number—nothing of that kind was done here.
WILLIAM CARRAMELLI . I am a watchmaker and jeweller, at No. 190, George-street, Ratcliffe. I know the prisoner Jewell—Jackson came to me on a Saturday morning; I do not know the day—he did not bring Jewell with him then—Jackson and myself and Jewell were in the shop together—Jewell did not speak to me—when we were all three together the watch was shown to me in this manner, "Do you know that watch?"—I said, No, I never saw it"—I first saw Jackson on the Saturday morning—he came to my door—I was not aware who he was—he said to me, "Do you live here?"—I said, "Yes"—he said, "Have you sold any watch, silver or gold?"—I said, "No, no watch of any description, but a pinchbeck one"—he said, "Do you know this watch?"—I said, "No"—the door was open—Jewell was standing over the way—he called him—when Jewell came over, Jackson said the watch was stolen, and we must come to the station, and so we went, both me and Jewell—I have seen Jewell before, and repaired several things for him.
Cross-examined. Q. You do not remember quite all that passed? A. I cannot; I have got a large family to maintain and think of—I cannot recollect Jewell declaring in my presence that I had sold him the watch—I cannot remember whether he did say so.
Q. Do you not remember what you said before, or have the cares of a family washed it all out? A. It did, upon my word—I cannot remember whether Jewell said I had sold him the watch or not—I cannot remember no more—I cannot remember whether Jewell charged me with having sold him the watch, because it is a long time ago—I am a German; I deal in jewellery and watches—I do some business in tobacco and stationery, nothing else—I do not do anything in old clothes—I am quite sure I did not sell this watch to him—I know very well I could not; I never had it in my possession—I know Mr. Brooke, a doctor, in my neighbourhood—I sold him a watch and several pieces of jewellery.
Q. But on the 4th of July did you show him a gold watch, and ask 6l. 10s.
for it? A. I showed him a gold and silver watch; I cannot say what day it was—the doctor would not buy it—I showed him a silver and a gold one; I showed him several watches—he said he had got no money—I never asked of him to borrow money—I sold him a watch before, and two eye glasses—I was taken into custody on a Saturday morning—I do not know when—it was two or three months ago that I showed the watches to the doctor; I had two, a gold and a silver one—I got it of a person on commission—it is three months ago—the silver one I sold on commission—the gold one I gave back again to a person I know—the memory is gone through the cares of a family—I have seen Isaacs once or twice passing my door—I cannot remember how long I have known him, perhaps six months, not longer—he is not a German—the first time I was accused was at the Thames Police Court—Mrs. Phillips and Reuben Wolf were my bail—while I was out on bail, I sometimes met Isaacs while passing in the street—the words he said to me was, that I was in custody; and he said, "What for is it?"—I was on bail before that—when I was taken, I was admitted to bail the second time—I saw Isaacs the same day I came out from the Thames Police; we walked together six or seven yards, coming out of the Thames Police—that was when I was admitted to bail—I did not say much—it is two or three months ago that I sold the doctor a watch—I did not go to Jewell's house on the day I offered the watches to the doctor—I was at Jewell's house with a thing I repaired for him—that was not on the same day that I unsuccessfully tried to sell two watches to the doctor—not that very day—I do not know the date—I do not believe I went to Jewell's house on that same day—I showed the watches two months back—I went to Jewell's one night between 9 and 10 o'clock—I do not think I went to Jewell's house on the evening of the very day I offered these watches to the doctor for sale—I was not at the doctor's at all that day—I did not call on the doctor that day—I had been to the doctor's once—I do not know what day it was I was at Jewell's—I will not swear it was not on the 4th of July—I do not know it was on a Monday evening—I do not know whether it was on the 4th or 5th.
MR. BALLANTINE called.
BERIAH BROOKE . I am a Member of the College of Surgeons; I live at No. 183, St. George's-street. I know Carramelli—about 4th July he brought me a gold watch and a large silver watch, in the evening—the gold watch was just about the size of this one, hut I thought it was a little thicker than this—it was engine-turned, and had a gold face—I cannot tell whether it had a glass in it—it was only for a minute I had it—he came in, and asked if I would buy a watch—he said, You can have it for 6l. 10l."—it did not take three minutes—he came into the surgery, where I was
Q. Except that the watch was a little thicker, was it in every other respect like this? A. I cannot tell—it passed from my memory—I saw it was engine-turned.
JURY. Q. Are you quite sure that it was after 2nd July? A. It was the beginning of July, I think not so soon as the 2nd—I think it was after the 2nd.
Cross-examined by MR. HORRY. Q. You are not certain of the day? A. No, it only occupied three or four minutes—he had no other gold watch with him, but he had a silver one—I just looked at the watch—I did not buy it—I did not want it—I had not heard of this affair of the watch being stolen—I heard of it afterwards—I was aware of the fact about the middle of July—I was not applied to at all to come and prove what I have stated—I had a subpoena last Saturday—that was not the first intimation I had of coming here—in passing the house of Mr. Jewell, I saw the mother, and she
spoke to me—the father came to me, and said, "Do you think you should know the watch again?"—I said, "Yes, I think I should"—I had mentioned about the middle of July, about Carramelli coming to me about a watch—last Saturday was the first time I had a subpoena—it was about a week or ten days before 26th July that the father called upon me—it was about two days after the conversation with Mrs. Jewell—all I can say is, there was a watch shown me.
MR. BALLANTINE. Q. You were asked if you should know the watch, and you said you thought you should, if they showed it you? A. Yes
FREDERICK JOHN WOOD . I live at No. 90, St. George's-in-the-East. On 4th July I saw the prisoner Jewell—it was on the Monday previous to his being taken to the police court—I know it was after 8 o'clock—I had done business—he showed me a watch—I have no doubt this is it—it would look both larger and better if it had a glass—there was no glass on it when I saw it—he told me he had not bought it—he told me he was asked 6l. 10l. for it, and he thought he could buy it for 5l.—it was openly done—there were several persons in the shop besides him.
Cross-examined by MR. HORRY. Q. You are a neighbour of his? A. Yes; he has repeatedly shown me articles—he has never asked my opinion before—I have been master of this shop twelve or thirteen years—I came there in 1842—I took the watch in my hand—I took no particular notice of it, only looking at it.
MR. BALLANTINE. Q. Have you any doubt this is the watch? A. No; I not only saw it once, but afterwards.
WILLIAM LEACH . I am a watchmaker. On Monday evening, 4th July, about 10 o'clock, young Jewell brought this watch to me to put a glass in it—I told him I could not do it that night; he must come in the morning—he came in the morning, about 11 o'clock—he said, "Is the watch done?"—I said, "Yes"—he said, "It is a pretty watch"—I said, "Yes, a very pretty watch"—it was done openly—I put it on my own board.
Cross-examined by MR. HORRY. When did you see it? A. About 10 o'clock on Monday night, in my own shop—I exposed it amongst my own watches—Jewell brought it to me to put a glass in it.
COURT. Q. What was the value of it? A. I should have valued it at about 7l.
WILLIAM TERRY (police-sergeant, K 10). I know Jewell—he showed me a watch something similar to this—I cannot say whether this is the watch—I believe it was one Thursday—I promiscuously was passing the house, and called to him, as I frequently do—he showed it me, and said, "Here is a nice little watch, sergeant Terry"—I said, "Yes, it 1s."
COURT. Q. When was this? A. I cannot say exactly; it was the beginning of last month.
HENRY JEWELL . I am brother of the prisoner. I was at home in the evening of 4th July—my brother showed me a gold watch, and told me he was going to buy it—I gave him some advice about it before he bought it—in consequence of that advice he went to Mr. Wood's—he went back, and returned to me for the money.
EMMA JEWELL . I am sister of the prisoner. I was at home on the night of 4th July—Carramelli came—I do not know whether he brought anything with him—he did not see my brother—he came between 9 and 10 o'clock in the evening—it was not very long after that that I saw the watch in my brother's possession—it was the same evening—when Carramelli came my brother was not at home—I do not know where he saw my brother—my
brother does not live at home; he lives with an elder brother, at No. 93, Shadwell.
Cross-examined by MR. HORRY. Q. This brother lived with another brother? A. Yes; he frequently comes home—I was quite aware he was in custody afterwards; my brother told me when he came home, and that was on the 9th—I went before the Magistrate on the Tuesday following—I was examined, and stated what I have now.
DAVID BARNETT . I am shopman to Mr. Jewell. I know of young Jewell having a watch—he told me something about it—I saw Carramelli afterwards—I went to his house on Wednesday or Thursday—I told him it was a very nice watch he sold to Godfrey Jewell, and he said he bad sold it rather too cheap.
Cross-examined by MR. HORRY. Q. You are shopman to Jewell, I think you say? A. Yes; this took place on the Wednesday or Thursday after he purchased the watch—the officer did not call on him on the Thursday—I went to Carramelli to ask his opinion of a ring which belonged to a brother of mine—I saw Jewell with a watch—I think it was the beginning of the week—I cannot say whether it was on Monday or Tuesday—I went to Carramelli on the Wednesday or Thursday afterwards, to consult about the ring—I had no occasion to speak to him about the watch, only I was speaking about one thing and another—I do not know what was the motive to speak about the watch—I told him it was a very nice watch—I spoke to him first about it, and he said he had sold it too cheap—I was never before the Magistrate, only as a witness—I know Jewell was taken on the 9th—I did not go before the Magistrate till the last examination—I went up as a witness—I was examined on behalf of the prisoner—I told the Magistrate what I have to-day, exactly the same story.
COURT to FREDERICK JOHN WOOD. Q. When Jewell showed you the watch, did you give him the value you would lend on it? A. Yes, 5l.
(Jewell received an excellent character.)
CLARKE— GUILTY . Aged 23.— Confined Twelve Months.
JEWELL NOT GUILTY .
MR. HORRY conducted the Prosecution.
JAMES PARNELL . I live in Crown-court, Ratcliff; I am a sailor. On 6th July, about 11 o'clock in—the evening I was at the Cock and Neptune public house, I saw the prisoner there when I was coming out of the house—I do not know whether some of the company had a quarrel about a watch—I had only just come on shore—I was only drinking with my shipmates—I saw the prisoner in the room—I went out of the public house—I and my shipmates were going on board—I had no dispute with the prisoner, I never saw the man in my life—I was standing at the Cock and Neptune door, and he came and took me by the shoulder and said, "Are you an Englishman?"—I said, "Yes, I am nothing else"—he took hold of me with his teeth—he pulled me out in the middle of the street—I said to him, You are coming too far a head"—I seized him, and while we were together he put his head against my belly, and I felt a knife go into my thigh.
Cross-examined by MR. BALLANTINE. Q. Had you known him before? A. I had seen him two days before; I do not know what it was that provoked any attack on me—I was standing at the door, and had nothing to say to any one—I did nothing at all—this man laid hold of me by the two shoulders
—I had just come on shore—I was not, to my recollection, d——g the foreigners, and saying they might all go to hell—I made use of no words, nor did the prisoner tell me I had much better go to bed and go to sleep—I did not tell him he might go to hell too; I am quite sure about that—I had two or three glasses of half and half, I had no spirits, the prisoner had a straw hat—I did not touch him—I got hold of him by the back of the neck when he took me by the two shoulders; I was in the act of striking him when I was held back by another person—the prisoner's head was down against my belly—I do not know whether he was drunk.
GEORGE CLARKE (the prisoner who was convicted in the last case). I was at the Cock and Neptune; I do not know on what night; I was having a pint of beer—there were several others in the house—I saw the prosecutor there, and saw him go out—there was a row with other persons, and they walked out—I saw a knife in the prisoner's hand—he put his head down in the prosecutor's belly, and ran the knife in his thigh—I seized the prisoner, and some man struck me for it—I picked up the knife, and helped the prosecutor to the hospital—the knife was knocked out of my hand first, but I took it up again and put it in my pocket, and gave it to the policeman.
Cross-examined. Q. What did you do with the watch you stole? A. I stole no watch; I am as innocent as the foreman is—I was convicted of a highway robbery, but I have got no punishment.
MR. HORRY. Q. Did you attend before the Magistrate on the 7th, the next day? A. Yes; I stated there what I have here.
JOHN STREATFIELD . I am house surgeon, at the London Hospital. On 6th July, between 11 and 12 o'clock, the prosecutor was brought to the London Hospital—I found a wound about the middle of his thigh—it was a stab wound, and could have been done by such a knife as this
MR. BALLANTINE to JAMES PARNELL. Q. Do you know where the prisoner lodged? A. No; I know the person who is standing here—I did not go to him two days afterwards, and offer to settle the matter for 55.—he came to me one day and said, Was not you stabbed?"—I said, "Yes"—he said, "You had better go and make it up."
MR. BALLANTINE called
JOHN SEYMOUR . I keep a lodging house, in Wellclose-square. I am a Greek, with a cross of English; the prisoner is a Greek, with a cross of Turkish; he came to my house more than a fortnight before—he was the best quiet man that I saw in my lodging—I have plenty of witnesses for this man to take his part, witnesses who were with him, but they are gone back in the vessel.
NOT GUILTY .
MR. GIFFARD conducted the Prosecution.
JOHN WILLIAM GREAVES . I am shopman to Messrs. Robert Westwood and Co., chemists, of Newgate-street. The prisoner came to the shop, between 6 and 7 o'clock in the evening, on 5th July—he asked if we sold attar of roses—I said, "Yes; what quantity do you want?"—he said, "About two ounces;" on which he handed me a bottle, and I filled it—it contained an ounce and three quarters—I made him out an invoice, at 21s. an ounce—the amount was 1l. 16s. 9d.—he said, "I have not got sufficient money with me;" on which he said he would go and fetch the money—I did not give him the bill—he went away, and returned in three or four minutes
—he then asked me whether I had any oil of oranges—I said, "Yes"—he asked for half an ounce of it, which I gave him—he said he would pay for that—he gave me a shilling, and I gave him 3d. change—he then disputed the price of the attar, which I had told him was 21s. an ounce, saying he could get it cheaper at Messrs. Grosmith's, perfumers, in our street—after that contention, I went backwards to the counting-house to inquire whether they would take less than 21s. an ounce—I left the prisoner alone in the shop—I came back, and told him he could have it at 20s. an ounce—I put "Settled" to the invoice, and handed it to him—he again said he had not sufficient money, but he would go and fetch it, and return immediately for it—he went out, but never returned—on going to business the next morning I discovered that one of the bottles had been changed, and I made a communication to the firm—that was on the morning of 6th July—the next time I saw the prisoner was on 15th July, in Goswell-street, close by the Three Cups—I went up to him, and told him he was the party that came to Messrs. Westwood's for the attar—he said he did not know the name nor the firm—I told him I was certain he was the man, and I asked him to give me his card; on which he handed me one, with "James Holloway, tailor and draper, 145, Old-street, Gos well-street," on it—I doubted the genuineness of the card, and told him I did not think it was a good one; on which he said that was his address; I should find him there if I went to his lodging—I then said, "Will you go with me to your lodging?" meaning the address on the card—he said, "No; I have business to go and settle"—I followed him—he went down Westmoreland-buildings, and through Bartholomew-close, into Duke-street—on reaching there, I saw an officer—I told the prisoner I wished him to go with me to this address—he said he would go, and he took me to the top of Long-lane, not to where the card was—when he got there, he said be would go to Mr. Westwood's; and on reaching there, he said if I would let him go he would pay for it—I said I should do no such thing; I should give him in custody of the policeman—I produce the bottle which he left in exchange for the bottle of attar—it contains, I believe, common olive oil—it very much resembles the attar in appearance—I could not tell the difference of the two—I should think this is worth 4d., and the attar was 1l. 16s. 9d.
Cross-examined by MR. LILLEY. Q. The prisoner came between 6 and 7 o'clock? A. Yes; he was there altogether, in and out, twenty minutes—the first time I had four or five persons in the shop, and I waited on them first—I should think he was there eight minutes—I will undertake to say it was more than five minutes—I will swear it was about eight minutes—I was not more than that time in serving the customers—my attention was first directed to serving the customers—after he went out the first time, be came back in about five minutes—he was there then, I should say, about ten minutes—he purchased half an ounce of oil of oranges, for which he paid 9d.—the person who came spoke good English—I am able to say that he was a foreigner; I should say a German, or Frenchman—I will swear he was not a Yorkshireman—I continued to conduct the business, after he was gone, till 7 o'clock that evening—I returned to business at 8 o'clock the next morning—about an hour afterwards I noticed this change of the bottle—I have opened this bottle—it was not tied up; I have tried it—Goswell-street is a quarter or half a mile from our place—the prisoner was coming to the end of the street, near the Three Cups—he spoke what I call broken English—I said he was the man—he denied it—the officer has made inquiry about Holloway, a tailor and draper—when the prisoner gave me this card, he said this was his address; I
should find him there the next morning—I am not aware that I had ever seen him before the evening of 5th July.
MR. GIFFARD. Q. Were there any customers when he came into the shop the second time? A. No; I told him I charged him with coming to my employers' on the night of 5th July—he did not tell me where he was that evening.
THOMAS FAWCETT (City policeman, 847). I took the prisoner into custody—I did not go to make inquiries about him—I found on him 2l. 10s. in gold, a sixpence, 1 1/2 d. in copper, end this passport (producing it).
THOMAS COLE . I am a carpet manufacturer. I was at the door of the prosecutor's shop when the prisoner was brought back—I went into the shop with the prisoner—he said, I meant no wrong, and I will pay for it"—Mr. Westwood requested roe, in the prisoner's presence, to go with him to the station, and there he was searched, and these articles found on him.
Cross-examined. Q. Did he not speak broken English? A. He did—he did not say, "I mean no wrong"—he said, "I meant no wrong; I will pay you for it."
The prisoner's statement before the Magistrate was here read as follows:"I will pay the gentleman the sum; I have nothing to say."
GUILTY . Aged 43.— Confined Twelve Months.
(Henry John King, inspector of the City police, stated that the prisoner was connected with a gang of forgers, three of whom had been transported.)
JOSEPH BRAY (police sergeant, H 43). The principal witness in this case is William Brownlowe—he has met with an accident; in going home on Wednesday night he broke his leg—I saw him between 10 and 11 o'clock yesterday morning, in Gloucester-ward, in the London Hospital—he was lying in bed, unable to move—I was present at the examination before the Magistrate—William Brownlowe was examined there—the prisoner was present, and had an opportunity of cross-examining him—he might hare cross-examined him, but he did not—the prisoner was asked by the Magistrate if he had any question to put—he said, "No."
RACHEL HAMILTON . I am the wife of Thomas Hamilton; he is a soldier. I was crossing Tower-hill in the afternoon of 2nd Aug.—I stopped to look at a man exhibiting something—some man spoke to me—I felt my pocket, and missed my purse—I had between 8s. and 9s. in it—I know it was safe a minute before; I had my hand in my pocket—I have seen the purse since—this is it.
The statement of William Brownlowe was read, as follows:"I saw the prosecutrix standing on Tower-hill—I saw the prisoner go up and put his hand into her right hand pocket, and take something out, and run away—I spoke to her, and followed him, and gave him into custody."
JOSEPH BRAY re-examined. The prisoner was given to me by Brownlowe—he stated it was for picking a woman's pocket—the prisoner said he must be a false man, he never did such a thing—this purse was picked up and given to me by a female, who came to the station, but in consequence of her going into the country she was not bound over.
Prisoners Defence, I am innocent; the man came and said "Where is that lady's purse?" I said I had no purse; the policeman searched me, and found no purse; two ladies came and brought it; I know nothing of it.
GUILTY . Aged 17.— Confined Four Months.
THIRD COURT.—Friday, August 19th, 1853.
PRESENT—Mr. Ald. MOON; Mr. Ald. MUGGERIDGE; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
MESSRS. BODKIN and RIBTON conducted the Prosecution.
CHARLES WOODBRIDGE . I am County-court clerk for Uxbridge. I produce copies taken from my books—I have examined them (read:" County Court of Middlesex, Uxbridge, June 16. Plaintiff, Thomas Dodd Grove, of Langley Marsh, farmer. Defendant, Charles Wingrove, butcher. Damages; 10l. under the seal of the Court")—the judgment being read was in the same words, "Verdict for defendant, damages 10l.; costs, 2l. 15s. 10d.")—I was present at the trial—the defendant was sworn; I administered the oath to him, and heard him give evidence—I recollect that he swore he did not strike the plaintiff—I have a clear recollection of that.
Cross-examined by MR. SERJEANT THOMAS. Q. Was the case tried by a Jury? A. Yes; I am pretty certain it was the plaintiff's Jury; he called several witnesses—I think there were several witnesses called for the defendant—no book shows the number of witnesses examined—I will not swear that other witnesses did appear for the defendant—my impression is that they did, but I cannot recollect anything that they swore—Mr. M'Namara was examined, and Mrs. Warwick, and Mrs. Grove, the prosecutor's wife—my impression is that somebody else was called; I did not expect to be asked—I heard the defendant say that a tame squirrel had got away, and he went in pursuit of it; that he got over a wall, and was hurrying across the road, when the prosecutor staggered against him, and he pushed him away, and pushed him down—I do not recollect that he said that the prosecutor reeled five or six yards; he may have used those words—I do not recollect his action at the time he described it—I do not think he denied that the fall was occasioned by a push—the Jury heard both parties examined, and the plaintiff's witnesses, and they found for the defendant—I cannot say that I paid particular attention to what the prosecutor swore—I think he said he was not drunk—I think he said that he and another man, named George, had drank eight pots at the Bull, and I think he said he had taken part of a pint with somebody at the French Horn—I am not certain whether he was examined as to where he had been before he went to the Bull—I think he said he had lost three quarts of blood.
MR. BODKIN. Q. It was no part of your duty to take down the evidence? A. No—I am quite sure that the defendant swore that he did not strike the plaintiff.
ROBERT AUSTIN . I am a hatter, of Uxbridge. In July last a case of Grove v. Wingrove was tried there, at the County Court, in which I was one of the jurors—it was an action for assault—I recollect some of the particulars—I heard the defendant examined—he stated to the Jury that he did not strike the plaintiff; I have a distinct recollection of that; it formed the basis of our discussion—the verdict was for the defendant.
Cross-examined by MR. SERJEANT THOMAS. Q. Did you hear the defendant say that he was in pursuit of a squirrel, and the prosecutor came staggering and pushed him down? A. Yes, and he admitted that the consequence of
that push was throwing him down—I am not quite clear in my recollection whether the defendant produced any witnesses, but I think not—several other persons were examined for the plaintiff—I was subpœnaed to come here; there is no other juryman here to my knowledge—I do not think the plaintiff wished to maintain that he was sober; he did not admit that he was drunk, but what he called merry—I did not hear him say he had taken eight pints, but I heard him say he had taken a portion of a certain number of pints—I heard one of the witnesses state that he believed that the prosecutor had lost three quarts of blood, but my impression is that he did not say so himself; I do not recollect him making such an assertion.
Q. Did a person named Warwick Ray she saw him swimming about in his blood, floating about? A. She was confused by the questions of the Counsel.
THOMAS DODD GROVE . I am a farmer, and use fourteen acres of land at Langley Marsh, Buckinghamshire. I have lived there nearly five years—it is nearly three-quarters of a mile from Gerrard's-cross—I was at Gerrard'scross on 10th June; it was about 10 o'clock in the morning when I got there—I went to the Bull about 11 o'clock, and drank some beer there, with a person named George—I stopped an hour or an hour and a half, and left between 12 and 1 o'clock, leaving him there—we had eight pints of beer between three or four of us; George took part of it—I then wanted to go home—I knew what I was about when I left, and I went straight down the road towards home—the Bull is about a mile from the defendant's house, which is next door to a public-house called the French Horn—as I came along the road, I picked up a small cask, with the name of "Taylor, Uxbridge," on it—knowing the Taylor's, I took it into the French Horn, which was about 100 yards, and left it there, with directions about it—I saw a great many people there, one of whom was a man whose name I have since ascertained to be Wilson—I had one pint of beer at the French Horn, of which Wilson took part—(Wilson was here brought into the Court)—that is the man—I was about half an hour in the French Horn, or not quite so long, and then came out and pursued my walk home—there is a wall there which encloses the defendant's garden; that is on the side of his shop, farthest away from the French Horn—when I got opposite the wall, the defendant came over the wall, knocked me down, and I fell on my shoulder; be then said, "I told you how I would serve you," and walked away—no words had passed first—he struck me on my nose and my eye; ray nose bled very much—I got up, followed him into his shop, and asked him what he had done it for; he said he had done it, and he would do it again—his wife then pulled him indoors, and shut the door—I then went to the French Horn, and they washed the blood off; and then I walked home by myself, and saw my wife—I told her what had happened, and she washed my face again; it was bleeding then—about 4 o'clock that day I went to Mr. Gaskill, the Magistrate, who lives three-quarters of a mile off—I saw somebody there—I was told I had better come to-morrow—I then went home, and went the same day to Uxbridge, to the doctor's; that is four miles—my wife drove me in a cart—I saw the doctor, Mr. M'Namara, and then went home again—I went the same night to the lawyer's, Mr. Woodbridge, the clerk of the County Court, and applied for a summons—it was either the night I went to Mr. M'Namara's or the next day—I had had a difference with the defendant a long time ago, about a cow, and we were not on good terms When this happened.
Cross-examined by MR. SERJEANT THOMAS. Q. Are you a married man, with a family? A. Yes; I am not addicted a little to drink—I do not get
tipsy very often—I was a little bit fresh on this day, but knew what I was about—I take a pint or two of beer a day; more would affect me—I had not had any dinner—we had about eight pints between me, George, and another one—I swore at the trial that I had eight pints at the Bull, between me and George—I did not say that I did not know how much I had taken, but from what George had told me I knew it—I did not swear anything of the kind—George did tell me afterwards how much we had taken—I said on the trial that two or three of us had partaken of it.
Q. Did you say three or four? A. There were three or four drank—four partook of it, not five—I distinctly recollect four; but I only know two of them, myself and George—I cannot tell how much I drank; we drank one after the other, and I did not measure what I drank—I cannot tell whether I swore on the trial that I drank four pots of it myself; I cannot remember—I did not take notice what time I left home in the morning; I had taken breakfast, but no beer—I then went to George's; whether I had anything to drink there, has nothing to do with it—I had a glass of ale with him, at his house.
Q. Did you not swear on the trial that you had no liquor before you came to the Bull? A. Beer is not liquor, Sir, I do not remember swearing that—it was not ale that I had at George's, it was twopenny—I had it in the shop—I did not pay for it—I guessed it was twopenny by the taste—I cannot tell you how long I stopped in the shop, not long—George is here—I only had one glass in his shop, and we came away together, and went over into his field, and looked at his crops—we then went back again—I did not have any more twopenny—I bad nothing to drink between the time of having the twopenny at George's shop and going to the Bull, not a glass or a pint, or anything—I did not take notice whether it was 10 or 11 o'clock when we got to the Bull—we may have been there two hours—I will not swear it was not three—I did not pay for what I had at the time—I paid the landlord, a day or two afterwards, for four pints—it may have been three or four days afterwards—I paid him the first day I went oat—I do not know what day it was—I cannot say whether it was a week or a fortnight, or a month afterwards—I cannot say how many days it was—it was not thirty-one days—I had paid it within that time.
Q. Did you not swear on 13th July, this being on 10th, that you did not know how much you owed, for you had not paid for the ale? A. I forget.
Q. Were you not asked most distinctly, on your examination by this gentleman (Mr. Carter), whether you had paid for the ale, and did you not swear you had not? A. I had not then—I had paid for it a week ago—I do not know whether I had a fortnight ago, it is so long ago, and I do not keep it in my head, not about beer—I paid him for four pints, that was 8d.—I will not swear at all when it was—I paid it before last Tuesday night—that I positively swear—I paid it to the landlady—I had one pint at the French Horn, no more—a man drank part of that, and I drank part of another—I paid for a pint—I only drank once out of the other man's pot—I bad nothing to drink after I left the Bull before I got to the French Horn—I know a man named Sangster, who keeps a beer house—I do not recollect stopping there—I will not swear anything about it—I did not say I was hurt on the shoulder after I got up—I went to the butcher's shop to ask him what he had done it for—I was curious to know—that was my reason for going—I was not staggering a little along the road, I walked as straight as I could—the fall produced the hurt on my shoulder—he did not come against me with both bands, but with one hand to my nose—I do not knew whether he had
anything in the other hand—I am now quite clear that he struck me with hit fist—I did not say at the trial I supposed he must have done so, I said he did—as soon as I was washed I went and found Connor—I saw a good many people near when I was struck—there were a good many wagons and men coming up from mowing—there were a good many round the butcher's shop when he hit me—I offered Connor 1s. if he would go and take the defendant—he said he did not dare take him.
Q. Did he tell you you were drunk? A. I do not know what he said, I am sure—I was bleeding—he then took me to Mr. Gaskill, the Magistrate—we saw Mr. Gaskill—I went to him to get a warrant—I forget what I said to him—he told me to go away, that I was drunk—I said I was not, and he told me to come again next morning—I was asked on the trial whether Mr. Gaskill said, "Grove, you are drunk," and I said that Mr. Gaskill said I was drunk, and that I said I was not—I forget what I swore on the trial—when Mr. Gaskill refused me, I went away to the County Court to Mr. Woodbridge, who recommended me to go to Mr. Batt—I do not know whether Mr. Batt is a friend of his—I did not go to Mr. Gaskill next morning as he told me—while I was at Mr. Gaskill's with Connor, Gristwood told me to try to keep myself straight, or I should fall over the shrubs, and break them—I did not deny that on the trial—if I had been lucky enough to get some damages at the County Court I should not have tried this—several witnesses were called on my behalf on the trial—Wingrove was called up—I have no recollection whether he, or anybody for him, called anybody for the defence except himself—Wilson told me he would come to the trial if he could, but I could not find him—I wanted him to come, because he saw him strike the blow—I thought that was very necessary, because I thought the defendant would deny it—I told Mr. Batt about it, but he did not go to seek him—I went myself—I found him in the country—we did not find out where he was till two days before the trial, and I then wrote to him—he wrote back, and said he would meet me at the coach, but he did not come—I will not swear it was two days—I have not accused a person named Carter of striking me.
MR. BODKIN. Q. I understand you are not in the habit of drinking? A. No, I am not; but I drank this beer before I had dined, and that took an effect on me—I fell on my shoulder, sideways; I did not strike against anything in the fall, I am quite certain of that—I heard of Wilson about two or three days before the trial, and he appointed to come up, and did not come—I never knew him before—I heard of him through one of his countrymen, and went down to look at a place called Hadhenham, which is twenty-six miles from Langley Marsh; he was along with a farmer, named Slater, there—I have got him here today; I went and fetched him.
JOHN WILSON . I live at Hadhenham. On 10th June I was at the French Horn, and saw Grove there; but I did not know him till that day—I drank there with him out of a cup once, and asked him to drink along with me—when he left I followed him—Wingrove's house is next door to the French Horn—I saw Grove pass by the wall of Wingrove's garden, and saw Wingrove come over the wall, and strike Grove, and cut him right down—he struck him bang in his face, up here (between the eyes), with his fist—I am quite sure of that; I can say it before my lord, and these gentlemen, and my God; and cut him down—he was knocked down by the blow—he was getting up, and coming towards the butcher's shop, when I went indoors and came out again, and saw him washing the blood off; and I never saw a man bleed so much in my life—I was not examined at the trial at the County Court the first time, but I came up the next time—Grove applied to me to come to the trial; I did
not go, because I bad got into a constant place—I said if he sent me a summons, I was willing to come.
Cross-examined by MR. SEBJEANT THOMAS. Q. They did not send you a subpoena? A. No, not the first time; but I have got a letter in my pocket now—he told me I was to appear at Uxbridge on 13th July; that was two or three days before; I think I got the letter on 9th July—my master would not let me come without a summons—I was drinking at the French Horn in the tap room, about a quarter of an hour—I know a person named Saw, and his wife; they were both there; and also a person named Small—they were all in the tap room with me, and came out—I looked over Mrs. Saw's shoulder, and we saw Grove coming with his face bleeding—I went out of the tap room directly Grove left, I did not remain a moment; I went in again before him, and met Carter—I said, "Carter, did you see that man strike that man?"—he said, "No;" and I said, "I did"—I did not say if I had seen the b——hit him, I would have knocked him down—I never used the word b——; I did not say if I had seen any man hit him I would have knocked him down, or words to that effect—I had not been drinking, only with my meals—I had come with my mate, Small; we had a pint a piece before we came there, when we were on the wagon; we had some in the morning, and some at Beaconsfield—I was not drunk; I was not fresh, or tipsy, or worse for liquor—I went out after Grove.
MR. RIBTON. Q. Had you never known Grove before? A. No; the first I heard of it afterwards was by letter from him—he axed me on the same day if I would come; I said, I would if I could, but I did not know where I should be—I told him where I lived, but he forgot where it was
COURT. Q. You, got that letter on the Saturday evening? A. Yes; I saw my master about it on the Monday after—I sent an answer next morning, after the letter came; the Sunday morning—that was before I saw my master—when I saw my master, he said I was not to come without a summons, and then I sent another letter.
ELIZABETH GROVE . I am the wife of the prosecutor. On 10th June my husband came home at near 3 o'clock, bleeding from the nose—he had a cut across the nose, and his eye was very much blackened and swelled—I went to Wingrove the same day, between 5 and 6 o'clock, and said "You good for nothing villain for ill-using my husband;" he said "I did, and I will do it again."
Cross-examined by MR. CARTER. Q. Was that all? A. Yes I did not knock at the door; I saw him standing at his door—I did not put a question to him; the first words I said were "You are a pretty-looking butcher," and then I said "You good for nothing villain to serve my husband in the way you have"—I did not describe how he had served him—it was much about half past 3 o'clock when my husband came home—we have a clock in the house, and I went and looked at it and saw it was half past 3 o'clock—my husband went out again with the constable of the parish to Mr. Gaskill, and while he was gone I went to the butcher and had this little interview—I do not consider my husband a tipsy man; he was sensible when he came home—my husband came borne first, and I escorted him to Uxbridge in the evening—I drove him there in a cart—he was not able to drive; he might have been sensible enough to drive, but he was in a very complaining, ill state, and I did not think him capable—I left him in Uxbridge town, and he went to the doctor, while I went to put the horse up; I also went to the doctor, and he desired me to wash my husband's nose—he prescribed a plaister.
MR. RIBTON. Q. Was his nose bleeding at the time? A. Yes
THOMAS HUNT . I live at Fulmer, in Buckinghamshire. On 10th June I was in the French Horn, and saw Mr. Grove and the defendant there—I was outside the stable door, and saw Mr. Grove come along bleeding—I did not see the blow—I did not see Grove go to Mr. Wingrove's door, but I heard him say "Are not you ashamed of this?"—Wingrove said "If you are not off I will shut the door," and he and his wife shut the door in Grove's face; that was all I saw.
Cross-examined by MR. CARTER. Q. You, are sure those were the words? A. Yes; I should say his house and shop are about ten yards from the French Horn—I saw Grove coming along bleeding; he was then by the water trough, where the horses drink, in front of the stable—he was just at Wingrove's house when I saw him—I did not see anything of Wingrovae till Grove got to the door—Grove did not knock at the door, it was open, and Mr. Wingrove stood at it—I saw nothing of any blow; all I beard was just that question.
MOSES GEORGE . I live at Gerrard's Cross—I was at the Bull on 10th June, and saw Grove there—we had some beer—three different men had some of the beer, but they did not stop long—we had eight pints altogether—two days afterwards, Sunday, 12th June, Wingrove overtook me on the road, and went a little way the same way as I did; he asked me if I would sell him the other lambs—I would not then; and he said be had had his horse pounded, and all the men were getting his money away in one way or other, and that he should have to pay for hitting Grove—he asked me if they would make him pay directly or not, and I said I did not know, and said that the man who struck first was generally in the wrong; to which he replied that Grove bad been calling him names when he went by, and if he interfered again he would serve him the same again.
Cross-examined by MR. CARTER. Q. You, have had a little experience in cases of assault yourself? A. I never assaulted any one yet—I did not assault some one last winter, and pay rather severely—I know the Red-bill public house; I was not engaged in an assault there in the least, it was only a lark, playing together.
Q. In that lark did it happen that you broke a man's leg? A. He would not let go of me, but he never blamed me—he fell over a step, and his leg was broken—that was in a lark, we were only playing—I have not had a quarrel with the defendant within the last fortnight; not a word.
Q. Had not you a little quarrel at his shop a week ago; and did not he turn you out of his shop? A. No; he never spoke an angry word to me; I took a pair of boots to his shop, he was having something to eat, and he told his wife to pay me, which she did, and those were all the words I heard him speak—I have nothing to speak against him.
Mr. RIBTON. Q. Did the man whose leg was broken bring any charge against you? A. No; he spoke quite friendly to me; it was quite an accident.
SAMUEL BUTLER . On 10th June, I went to the French Horn with a wagon—I took Wilson and another young man with me—I went to Wingrove's shop—I saw Grove on the road,. near the shop, bleeding, and asked Wingrove who had bit Grove; he made me no answer at first; I asked him again, and he said, "I hit him, and I will d——d soon hit him again if he is not off my premises"—I said, "For God's sake do not hit him any more or you will kill him"—Grove was bleeding very much.
Cross-examined by MR. CARTER. Q. You did not see him hit him? A. No; but I met Wilson, who did—Wilson was coming from the wagon with the victuals in his hand; the wagon was standing in front of the house,
and he had taken out the horses—my wagon was in front of the taproom, ten or twelve yards from the window, and could be seen from the window—I was out of doors—I did not see the blow—if I had been looking I could have seen Wilson all the way he came from the wagon to the house, but the crime was done before that—when I gave him the caution not to do so again, he was in his own shop at that time, not out at his shop door, and there was no striking going on then, or likely to go on—I drive a wagon, and go about with beech wood—I travel both by day and night—on this morning I had come from Penn, near High Wycombe—I came on the road from Beaconsfield—I had part of two pots of beer there with Wilson, and my mate—I had no beer besides that from the time I took Wilson up—I had no beer with him at the French Horn; I had a bason of tea—I did not see Wilson drinking there—several of his companions, haymakers, were there—I did not notice that they were all drinking in the taproom—I mean to say I spoke to Wingrove that day—I was not at the trial at the County Court, at Uxbridge, nor was I called before the Magistrate—I have not given evidence in the depositions—this is the first time you have seen me.
MR. RIBTON. Q. You had been drinking part of two pints of beer when you got to the French Horn; were you sober? A. Yes, and Wilson was sober—the wagon was opposite the house, and I saw Wilson coming from it—it was about twenty yards from the wagon to Wingrove's garden wall—I could see from the wagon to the garden wall.
GEORGE HOUSMAN MACNAMARA . I am a surgeon, of Uxbridge. On 10th June, about 6 or 7 o'clock in the evening, Mr. Grove came to my house, with a wound on the bridge of his nose and his right eyebrow—the eyelids were much swollen, and closed—he had blood on him, from his nose and eyes—his eye was getting black—he also complained of his shoulder—I should say that the injuries could not have been caused by a fall; it is very improbable—a severe blow with a fist would account for the injury; it was an injury that a severe blow might have caused—there must have been a rupture of the vessels of the nose, and it must have been a very severe blow—his losing a quantity of blood would make him very weak, and unable to support himself.
Cross-examined by MR. CARTER. Q. The loss of blood might make him feel very uncomfortable, but drink might produce the same result? A. Yes; if there was a little of both, drink and a fall on the road heavily, that would tend to confuse him—the injury to his shoulder may have been caused by a fall—there was a blow on the nose; the eyelids were swollen, and there was a mark on the eyebrow—a single blow would do all that—it was an ordinary black eye.
Q. So ordinary that you did not order a plaister? A. We do not order plaisters for blows; there was no letting of blood from a wound—copious bleeding from the nose sometimes happens from drinking, and is a very safe thing to save people from apoplexy.
MR. RIBTON. Q. The bleeding from the nose was not caused by drink? A. No; if a man was knocked down by a blow, that might cause a bruise on the shoulder.
COURT. Q. Which shoulder was it? A. The opposite shoulder; it was the right eye, and the left shoulder.
Witnesses for the Defence.
EDWARD CONNOR . I live at Pulmer, in Buckinghamshire, and am one of the constables of the parish. One day in June I was sent for by Mr. Grove—I went, and found him at home, at his house—he made a charge of assault against Wingrove, and wanted me to take him into custody—I knew them
both—I told him I could do nothing in it—he then gave 1s. into my hand, for me to take him, and I gave it back to him—that was not after I had said I could not take him; it was just at the same time as I was uttering the words—it was between 3 and 4 o'clock in the afternoon, I think—I accompanied him to my house, which is about half a mile, and he wanted me to get my handcuffs and staff, and to go and take the man—I refused to do that—I went with him to Mr. Gaskill's, the Magistrate—we saw Mr. Gaskill, and I heard him say to Grove, "Grove, you are drunk"—he also said, "I was not aware you were guilty of such ways as these"—I do not know whether Grove was drunk, for I never was in his company in my life, but be staggered a good deal—Mr. Gaskill did not grant him the summons, but told him to come on the Saturday morning—before we saw Mr. Gaskill, we met a person named Gristwood, a gardener, who said, "Grove, mind you do not fall on the shrubs"—Grove was staggering at that time.
Cross-examined by MR. RIBTON. Q. He asked you to take him into custody, and you had no authority? A. No; I have no authority to take a man unless I see the assault committed—Grove said to Mr. Gaskill, "I want a summons for an insult"—I do not mean an assault—it was in answer to that that Mr. Gaskill said, "Grove, you are drunk"—Grove's nose was bleeding a little; there was nothing disfigured but his nose, there was only blood on his face; he had his handkerchief to his nose, and I could see the blood.
COURT. Q. Might his staggering have been caused by a blow? A. I cannot say; it might be done by the state he was in—he could take care of himself as he went along.
WILLIAM GARDINER . I am the attorney for the defendant—I was his attorney on the trial and before the Magistrate—I took notes of the evidence of the plaintiff at the trial, and have my notes here; they were made by myself, sentence by sentence—(reads: "I went to the Bull about 11 o'clock; I had eight pints myself; George said, 'We have had eight pints;' I do not know, except from George, how much beer we had; I was not drunk, I was sensible; I picked up a cask, four gallons")—I remember on his cross-examination, I believe it was, that he said he supposed it was by the defendant's fist he was knocked down—he was cross-examined as to Mr. Gaskill saying, "Groves, you are drunk," and on the reason of Mr. Gaskill not granting a summons, and he said it was because Mr. Gaskill was engaged in the hay field, and not because he was drunk; I understood him superintending his men at haymaking—the question about Gristwood cautioning him was put to him several times, and he repeatedly denied that he was so cautioned—he stated that he was not at all drunk, but was as sensible at the time of the assault as he was at the time of giving his evidence—he said, "I did not go to the ostler after the assault"—he was asked whether he had accused the ostler's son of assaulting, and he said he did not accuse him—the whole of this paper, with the exception of the endorsement, is my writing.
Cross-examined by MR. RIBTON. Q. The greater portion of those answers were taken from the cross-examination? A. Some, not the whole—this paper contains the notes I took of the examination in chief, and the crossexamination; it distinguishes between the two; the sheet is folded—what he stated about only knowing the quantity of beer from what George had told him, was, I believe, on cross-examination—it was at the County Court that he said, "I suppose it was the defendant's fist," and my impression is that it was on cross-examination, but I cannot positively say—it was on crossexamination that he said that Mr. Gaskill was in the hayfield, and so was that about Gristwood cautioning him about falling on the shrubs, and about his being as sensible as he was at the time he was giving his evidence, and
I believe it was on cross-examination that he said he did not go to the ostler after the assault—it was on cross-examination that he said he did not accuse the ostler's son.
COURT. Q. I understand you that the examination and cross-examination are on different parts of the paper? A. Yes; but it is not all here.
MOSES CARTER . I am the son of the ostler at the French Horn; I only act as ostler when my father is out. On 10th June I saw Grove in the tap-room, at 1 o'clock, when I went in at my door—he was beastly drunk—I saw nothing of any assault committed by anybody, but when I was standing at the horse trough Grove came up and accused me of hitting him—he asked me what reason I had to hit him, and said he would pull me—Mr. Wingrove went by, and said, "Do not you go to pull that young lad for hitting you, for it was me that pushed you. "
Cross-examined by MR. RIBTON. Q. How long have you been living at the French Horn? A. I was bred and born on the common, within ten yards of it—I have known Wingrove three or four years; we have been on very friendly terms; he is a neighbour—he is not almost every day in the French Horn; he is no man for beer; I only see him there when be is on business—it was about half-past 2 o'clock when Mr. Grove came and accused me of hitting him; it was half-past 2 o'clock exactly, because I went to my father and asked him what time it was, for me to go back to my work—my father was in the stable, harnessing the pony, along with Thomas Hunt—when Mr. Grove addressed me it was in front of the house—there is a clock just inside, but I did not go in to look at it, because I had not time; I was nearer to my father—I was not in front of the public house, but in front of Mr. Wingrove's house—my father looked at his watch—he is not here—I went back to my work—the trough is in front of Wingrove's house; I had been standing there two or three minutes before Mr. Grove addressed me; he came from the lower side of the trough—there was not a soul about, except Mr. Wingrove and Grove.
Q. You say he was beastly drunk, did you bear any one apply that expression to him before; what is your reason for using the word beastly? A. Because he could hardly roll along the road; his nose was bleeding a very little, a few drops—he did not seem to have suffered any injury on the nose at all, and he asked what reason I had for hitting him—I had never been further than the trough—that was the first thing he said to me—Thomas Hunt was in the stable with my father, he was not out in front of the house—I did not say to any one that I had seen Wingrove hit him (Hunt was here called in); I know that man—on my oath I never said to Hunt that Wingrove had hit him, I am sure of that—he never was out of the stable at the time—I was examined at Mr. Gardner's, but not at the County Court—I recollect that this was on 10th June, by seeing the other witnesses there and drinking with them, and because I took my wages, 3l., on that day; it was a quarter's wages—the quarter was up on 10th June, I was paid on the exact day the quarter was up—the Court was on 13th July—I never mentioned this to any one to my recollection, I first mentioned it to Mr. Gardner last Wednesday; the day before yesterday week—I first mentioned it to him on a Monday, and the second time on Wednesday—that was not last Monday, it was about the 2nd or 3rd April.
COURT. Q. You, do not mean that? A. No; I made a mistake, July I meant.
MR. RIBTON. Q. Is that the only mistake you have made to-day? A. Yes; I mentioned it to Mr. Gardner before the trial in the County Court—I was not at the trial—I was ordered to Mr. Gardner's by Mr. Wingrove, he told me I must be at Mr. Gardner's that day—I told him what I have
told you to-day—I did not tell Mr. Gardiner that Wingrove said he was not to pull that man, as it was him that pushed him; all he said was, "You must go to Mr. Gardner to-day," and I went—I told Mr. Gardner on Monday, 2nd or 3rd July, what I have told you to-day.
MR. CARTER. Q. You were ready to state that at the County Court, if I had called you? A. Yes
SAMUEL SAUL . I reside at Haddenham, in Buckinghamshire, thirty-one miles from Uxbridge. Uxbridge is four or four and a quarter miles from Gerrard's-cross—I, and my wife, and James Lee, came up to the grass country, to assist in the hay making—Wilson was residing in the same place—on 10th June I was at Gerrard's-cross—I was in the taproom with my wife, Wilson, and some others—I do not know what time it was, but it was not night—I had some drink, and was eating some victuals—I saw Grove there; he had some beer in the taproom, two pints—I saw him pay his reckoning, and after that be went out of doors—I next saw him opposite the window; the taproom window looks into the road—I and my party remained in the room the whole time he was absent—John Wilson was in the taproom when Grove went out—a man named William Rose was sitting next to the fireplace, and Wilson was next to him—he did not go out at all during the time that Grove was absent—when Grove went away Small got up, and said, "Let us pay our reckoning while the house is still"—there had been a noise before—Wilson was in the room at that time, and paid his reckoning—he threw down half a crown—I cannot say whether he sat down again after that, or whether Mr. Grove came back bleeding or not—I beard some one say Grove was outside, bleeding; upon that being said, Wilson jumped up, and looked over my wife's shoulder, out of the window—at that time Grove was in sight of the window, bleeding—after Wilson had looked through the window, he went out of doors; and when he was outside the door, he said, "Where is the b——r that hit him; if he wants to fight a man, let him come and fight me"—I did not hear Wilson say anything at that time about Wingrove having struck him—Grove was very intoxicated.
Cross-examined by MR. RIBTON. Q. Were Wilson and Grove drinking together? A. Yes—Grove was sitting down, Wilson standing up; Grove sat next to the door, and Wilson was facing him—I cannot say whether anybody else drank with them—Wilson left Grove before be went out, and went and sat beside Rose—Rose is not here—he is a labouring man—it was the landlady that Wilson paid for the beer—I should say Grove was absent four or five minutes altogether, and during that time Wilson paid the reckoning—Grove left without paying anything for the beer—I saw him pay for two pints of beer—Wilson paid for the beer about a minute or two after Grove bad left—I saw Grove bleeding when Wilson looked over my wife's shoulder—my wife is here—I was sitting agin the window—it is a large room, but there is a partition across it—I sat between my wife and John Small—I was about a yard or a yard and a half from Rose—there was no one between me and him except John Small and Thomas Saunders—Rose was on my right hand side, and his left side was towards the fireplace—he was as close to the fireplace as he could get—Wilson was sitting between Rose and Saunders—Saunders is not here—he is a labouring man—Small is here—I cannot say how many people were in the room; there were seven of our party; four were going mowing together, and we two were going mowing together, and my wife made seven—at the French Horn we, and the Carters, and James Lee, had two pints; and we bad had a quart at Beaconsfield—my wife drank—we remained twenty minutes—that was not the only other house we went into; we went into Saunders' beer shop; me, and
James Lee, and my wife—Lee was not at the French Horn—he is not here—I never knew Wingrove till that day—I have seen him since, at Haddenham, a fortnight ago last Monday evening—he came down to me there, and asked me if I knew of this case—I said I knew nothing concerning Mr. Grove and him, and told him I knew Wilson was in the house at the time we were paying our reckoning—I also mentioned to him that Rose, Saunders, Small, Lee, and my wife, were in the house at the time Mr. Grove came back bleeding—he asked me who was in the house, and I told him—I swear that was the question he asked me—my wife and John Small were present when he asked me that question—it was at Haddenham, about a fortnight ago—he paid our expenses, 6d. a mile—they reckon that it is forty miles from Aylesbury, and it is fourteen miles below Aylesbury—he gave me a sovereign altogether, and my wife another sovereign—that was not all; he paid us our day's work—he gave me 8s. a day, and her 5s.; that was for two days; that is 26s.—this makes 3l. 6s.—that was not all the money I had of him; he gave us 1s. with the subpoenas, and 30s. more to pay our expenses while we were in London—that was 4l. 16s. for my wife and me—that is all I have had from him—I swear that—I do not know the rules of it, whether I am to have any more—it is harvest time, which is the time when poor men earn some more money—Mr. Wingrove came down to Haddenham over night, and went back next morning—I had been drinking with them that night, at William Hint's, not for two or three hours; we only had one quart between five of us—my wife was there, in the parlour, and John Small and his wife—I have been charged with an offence—it was rough musicing—that is a lot of boys with tin kettles—that is the only time.
MR. CARTER. Q. You, have pretty good wages at harvest time, do not you? A. Yes; a working man makes more wages then than on ordinary occasions—the money I speak of was to bring me up last Monday, but as the case was not tried then, I have had to keep myself in London till to-day—I am a mower—I earn from 12s. to 14s. a day in harvest time—I mow grass by the acre—I have not myself received more in the 8s. than I should have if I had been working in the harvest—my wife does not mow, but she can assist; she is able to work in the fields—she can use the sickle and the reaping hook—Haddenham is seven miles beyond Aylesbury, and it is forty miles to Aylesbury.
MR. RIBTON. Q. Do, you know where Rose and Saunders live? A. Yes; at my place, at Haddenham.
SOPHIA SAUL . I am the wife of the last witness; I came up with him into the grass country. On 10th June I was with him at the French Horn—the prosecutor was there; he was very fresh in beer, and I believe he wanted to say something to the company—he was a little quarrelsome—I saw Grove go out of the house; at that time Wilson was in the taproom—a little while after Grove went out, I saw him coming back through the window, and halloed out, "Oh, here comes a man all blood!"—Wilson was at that time in the house, in the room, and on my calling out in that way, he got up, and came and leant over my shoulder, as I was sitting by the window, to look out at the window and see Grove—he then went out, I believe, and he sat against the door, and said he would hit the man as hit him if he would come out at the door—I did not hear him ask any question—I am sure he remained in the taproom from the time Grove went out till he came back bleeding.
Cross-examined by MR. RIBTON. Q. Did you see Grove leave the house? A. Yes; I am sure Wilson was there all the time Grove was absent—that might be ten minutes—Wilson was sitting down on the settle when I first
cried out—William Rose was with him, and several others—I did not go round the settle to see where the fire place was, and I do not know whether Rose was near the fire place—I saw Saunders; he was sitting next to Wilson—there were about six in the room altogether, I believe—I saw Wilton pay money to the landlady; that was immediately after Grove had left—I saw Grove pay money, and then saw Wilson pay—I was looking out it the window after the money was paid, and continued looking out till Grove came back—I was looking out for about two minutes before he came back; I do not know that it was more—Wingrove gave me 1s. at Uxbridge, and he gave my expenses to my husband—he paid me for my day's work—I do not know how much I have been paid—I have not received more than 1s. myself—I saw 3l. 16s. paid—that was all I and my husband got.
MR. CARTER. Q. A settle is a seat with a high back to it, which is usually placed with the back to the chimney, is it not? A. Yes—Wilson was sitting on the settle—I saw him go and sit down there when us first went in—he went in with us—I cannot say how soon he went and sat down there—I did not see him sit down because he was drinking with Grove—it was before Grove left that he went and sat down there—I did see him go and ah down—after that he went and paid the landlady—he stayed where he was and paid her, only be rose from his seat.
JOHN SMALL . I live at Haddenham, in Buckinghamshire. I came up with the other witnesses to the grass country in June—I was at Gerrard's Cross at the French Horn on 10th June—Wilson was then with our party—he is my own first cousin—I saw Grove there—he took a share of a pint of beer—I should not like to say he was sober, and I should not on my oath say he was drunk—I saw him go out of the house—he was talking very loud before he went out—when he went out I asked our company if they were willing to settle the reckoning while the house was quiet—that was done—Wilson was in the house at that time—he threw half a crown down on the table to pay his reckoning—shortly after paying the reckoning, not five minutes after, I saw Grove come up to the taproom window, bleeding—Wilson was then in the house—Wilson was not perfectly sober—in the service I have been in, the army, if we see a man take a glass of anything to drink, we are not allowed to say that be is sober—Wilson bad certainly been drinking; he was fresh—I did not hear him say anything when Grove came up to the window in that way—I did not see hint go out of the room—I saw nothing—I cannot say whether he went out or not—I did net go outside—I went out while the woman was washing Grove, and so did Wilson—I beard Wilson say it was a scandalous action to use a man as he appeared to have been used, and he said if he was any man he was to come out, and he would fight him—I do not know that he said that to anybody in particular—there were some words between one of the carters and the ostler's son—as far as I could see they were accusing the ostler's son of it—I heard Wilson say that if he had seen it he would have knocked the man down if he was as big at a horse—I did not bear him say that if he lad seen Wingrove hit him, he would have knocked him down—I did net hear any name mentioned—I believe I was the first who said so, I said that if I bad seen any man serve him in that way, I would take his part, be he who he would, and immediately Wilson said, "If I had seen it I would have knocked the man down if he had been as big as a bullock or a horse," or some such words.
Cross-examined by MR. RIBTON. Q. You, do not speak positively to those words of Wilson? A. I will not say whether he said a "bullock" or a "horse," but I speak to the other words," and so would I"—he was sitting
close to me on the wagon—I cannot say how long afterwards—it might be ten minutes or it might be an hour—when I saw the ostler's son, he was at the horse trough outside—I do not know whether I saw Grove speaking to him—there were ten or a dozen about there—I do not know a man named Hunt—I am a labourer, and have been in the army—I left because the army was reduced, not for any other reason—I was once convicted at a Civil Court of buying stolen goods, and I had been charged with an offence before that—it is long enough ago, before I went into the army—I do not think proper to mention what it was, I decline—it was while I was in the army that I was found guilty of buying stolen goods—I remained in the army seven years and some months after I was convicted—I got six months' punishment, and then went back to the army again—there was no reason for my leaving the army—it is nine years since I left—they destroyed the barracks at Leeds, in Yorkshire.
MR. CARTER. Q. It is fifteen years since this charge was made? A. Yes, it might be more—no conviction or charge has been made against me since that—I know nothing of Wingrove, and Wilson is my cousin.
COURT. Q. You say that the prosecutor was not gone above five minutes? A. I should think not—I should not think Wilson left the house while he was absent.
(The prisoner received a good character).
GUILTY . Recommended to mercy by the Jury on account of his character.— Confined Six Months.
Before Russell Gurney, Esq.
GUILTY . Aged 36.— Confined Six Months.
Before Mr. Common Serjeant.
(The prisoner being a foreigner had the evidence explained by an interpreter.)
CHARLES LEACH . Early in April, I took the prisoner to work as a journeyman at my business of a watch and clock maker. About the day before I gave him into custody, about 14th July, I missed some pivot turns, and numerous other tools—I lent the prisoner a time piece, which be asked me for the loan of—he did not come to work on the morning of 15th July—he had kept from work all the week, with the exception of two half days—I went after him to his lodging on 16th July, between 8 and 9 o'clock in the morning—I did not see him there, but I saw him leave the house—I followed him up the Lay ton stone-road—I did not overtake him—I afterwards went with an officer, and found him at his lodging—the officer searched him in my presence, and found on him a pair of pliers, a pair of tweezers, and seven or eight different articles, some of them belonged to him and the remainder to me—I then went with the officer to his lodging, and found numerous tools belonging to me hidden behind the stove, and in different parts of the room—he had no right to take them—I had lent him none whatever—these are the articles found on his person, these two I know to be mine—these others were found in the room—these are all mine.
Prisoner. Q. Do these things belong to you? A. Yes; some of them—I bought them at different times at different shops in Clerkenwell, I cannot say where or when—the prisoner had not a tool when he came to me, nor a shoe to his foot.
SAMUEL HASE (policeman, K 114). I went with the last witness to the prisoner's lodging, on 16th July, about 9 o'clock in the morning—I took the prisoner in custody to the station house—I found on him two pair of tweezers, a watch key, a screw plate, and other things—I went to his lodging, and found these other things concealed under the fire place, and other places—I found these spectacles.
Prisoner. Q. How many didyoufind under the fire place? A. All these; I found this small box in the washing stand.
Prisoner's Defence. I got some of the things in Paris, and others I bought in Newgate-street; all the things belong to me, a gentleman in Newgate-street can prove it; I could not work, because I was very ill; the things in this paper I took home to clean, and to come back at 9 o'clock to work; before I could go to him be came to me with the police; I could not help myself; I am innocent, if you remand me a day or two I can write a letter to my friends to bring proof that the things belong to me.
GUILTY . Aged 53.— Confined Four Months.
GEORGE GRAY . I am a licensed victualler, of Broadway, Barking. On 25th July the prisoner came in as a customer—my sister, Mrs. Harvey, fol-lowed him in, and made a communication to me; in consequence of which I sent to the station—a policeman came, and I gave the prisoner in charge for stealing some handkerchiefs—he said he had not stolen any; be knew nothing about them—as the policeman took him out, he put his hand under his smock and drew a bundle of handkerchiefs from it—I gave them to the constable—these are them (produced)—the prisoner said nothing.
Prisoner. I was intoxicated. Witness. He was not.
MART ANN HARVEY . I am single, and keep a draper's shop in Barking. On 21st July, about 5 o'clock in the afternoon, the prisoner came, and asked to look at some cotton pocket handkerchiefs—I showed him some; he did not buy any—after he had left, I missed some silk handkerchiefs off the counter—there was no one else in the shop at the time—he stood in front of the counter—I followed him to my brother's, and a policeman was sent for—I did not see the handkerchiefs dropped—I have no mark on them, but I lost such, and believe them to be mine.
Prisoner. I fancy I paid her for one. Witness. No you did not; but you offered me 1s. for three cotton handkerchiefs, marked 4 1/2 d. each, but I would not take it.
GUILTY . Aged 25.— Confined Four Months.
Before Russell Gurney, Esq.
GUILTY . Aged 30.— Confined Six Months.
GUILTY . Aged 23.— Confined Eighteen Months.
Before Mr. Common Serjeant.
MESSRS. CROWDER and PETERSDORF conducted the Prosecution.
HENRY PAYNE . I am an inspector of police, stationed at Woolwich. On 26th July, I received a warrant to search a house, No. 21, Wellington-street, Woolwich—I went there with two officers; Child was with me—I went to the front room which is fitted up as an office—I saw Saunders there—I found ten or twelve account books there which I here produce; eight of them were on shelves; this one was on a table—this one was to pieces; the greater part of the leaves were in the covers, some had slipped out; I have now tied them up—I examined the back of the books to see if any labels had been taken off—there is no doubt but a label has been taken off here; the top of this cover has been taken off about two inches—on three of these leaves there is the broad arrow—they were in the same state they are now, but I have arranged them since—this part was the back of the book—these two parts fit as if they had been one before they were divided—I have no doubt about it—(The witness put both the parts in the covers and showed them to the Jury)—I do not believe here is the whole book, I think some leaves are gone—I found this label had been pasted on this order book; I took it off—I find here is on it "Day book, 1853," and under it a piece has been cut out of the leather—these two appear to have been one book, similar to this one, and cat down the middle—it is lettered similar to this, with the alphabet—these three books appear to have had the labels removed; here is the mark where the labels have been—this large book has had a label taken off; here is the place where it has been—I took possession of these books and have had them ever since—Saunders was taken into custody—I told him I should take him into custody for having them in his possession—on the following morning I saw Akers in custody—Saunders was present at the time I said to Akers, "When I took Saunders he said the books belonged to you"—Akers replied, "That is quite right, I bought them."
Cross-examined by MR. PARRY. Q. These books were in a sort of counting house? A. Yes; I have put these papers together different to the way I found them—these are the three papers, marked with the broad arrow—they were altogether, but I am not able to say whether they were on the outside—I have put them on the outside—whether they were orignally so, I cannot say—I was some time looking them over—here is another packet of leaves which has the broad arrow on them—I put them together before the Magistrate—there is no broad arrow on the other books; this one has had the label taken off—Saunders was taken into custody by me—I have known him about three months—he is a collector of debts, a kind of accountant—it was at the station where I said to Akers that Saunders said he had the books from him—the books were then lying round us, in presence of the prisoner.
Arman. Q. Did you take these books to London? A. I have no doubt I did; I took them to Smith—he stated that three or four of them were his binding, he had no doubt; this is one which he said was his binding—these orderly books were bound by Truscott, in Nelson-square—he said they were his binding—these which have this mark in them are what Smith identified as his binding—these others are Truscott's binding.
JAMES WESTBROOK (policeman, R 114). I went to the house, No. 21, Wellington-street, on 26th July. I was present when these books were found by the last witness—I apprehended Akers—I was inside the door at No. 21, Wellington-street, and he came and knocked at the door—I knew him—I asked him if his name was Akers; he said yes—I told him I should take him into custody for being concerned with another man in having a quantity of account books, belonging to the Lords of the Admiralty—he said, "Very well," and he asked me to let him go in doors first—I said I could not—he then said it was a bad job, he did not care about himself, it was only his wife and family—I took him to the station—I saw him the following day In the station yard—I took him to the Magistrate—when I was going to take him there, he said, "I bought the books of Sergeant Arman, and he tore the labels off."
JAMES SAUNDERS . I live at No. 21, Wellington-street, Woolwich. I went there just before Christmas—I occupy the lower part of the house—I rent the house, and let the upper part—I occupy two rooms down stairs, and the upper room—I am a house agent, and collector of rents and debts—one of those rooms is fitted up as an office—I have known Akers about nine months; he keeps a canteen, at the Royal Marine Barracks—I have not known Arman very long—Akers has occupied a part of my house for the last four or five months; he has a wife and two children—I remember Arman coming to my house one Sunday morning; I think it was on 26th June, between 12 and 1 o'clock—when be came,. I was in the front office with Akers—Arman brought some books in a brown cover, not a very large parcel—he offered them to Akers—he opened the parcel in the office, and said, "Here are some books; I have them for sale, if you like to purchase them"—Akers looked at them, and opened them—Arman said they were his own property, and Akers need not be afraid to purchase them—Akers said he had but very little money without going up to his shop of business—I cannot say how many books there were; there might be three, or four, or five—they were very similar to those that are here—Akers then called to his wife, "Here is Sergeant Arman come to see you," and Arman went up stairs with Akers—I saw Arman when he came down; he bid me good day—I examined the books; they were just like these—there were no loose leaves—Mr. Akers brought some like these other books in my office—I do not know on what date—he brought one down at a time—I gave the books that Akers brought to the police—they were just like these—Akers allowed me to have them to put on a shelf to make a show—he said if I liked to have the use of them, I might; he said they looked very well, and I might keep them there till he required them—there were some labels on them when the police had them—I did not notice the state of the labels myself.
Cross-examined. Q. How long have you known Akers? A. About nine months—he keeps a canteen—it is a sutler's shop, he sells bread and cheese—it is a kind of store shop—he sells everything, and buys everything, almost—if a man wanted to dispose of a few books, and he went to Mr. Akers' shop, I should say he would have no hesitation in buying them—he sells books, and I suppose he buys them—when Arman came, there was no concealment—Akers never told me to put away the books—he never appeared ashamed of the transaction; I did not know but what he bought them in his business—Arman assured him there was no harm—Akers had not the money for them—I understood there had been dealings with them before, and there was a balance due to Akers, I understood, about 19s.; I always knew Arman to be a respectable man—I never saw a book before belonging
to Government—when Alters heard that I was locked up for them, be came down to see about it—as far as I know he is a very respectable man—it was in my presence he said, "It is true I bought them"—I never saw any broad arrow till at the police court—those that are cut were in a white cover, I think; this outer cover was in my house, and the policeman put them in the cover—these slips came into my possession when Akers moved in there—they were waste—I separated them, and put them in a white cover—I thought they would make a nice book.
MR. CHOWDER. Q. How, came these in your office? A. I had them with some waste paper—there were two large Bibles which were lent me to put on my shelf—these slips were given to me loose, by Akers, and he gave me some bills and letters—it was on Sunday that this transaction was—Akers came to my house that day on some matter of business; I have seen him buying and selling on Sunday at my house, butter and cheese, and other things—I have never seen him purchase books any other time—I looked at these books; I did not observe whether any labels had been taken off—they were good-looking books—I thought it would be an advantage to me to have them where they were, that any one passing might see them—one had a label on it—Akers came down when he heard I was in custody, I did not inform him—I could not—I was not present when he was taken.
DR. CHRISTY. I have been attending Mr. Kennedy—he was in a bad state this morning when he was brought here—he was not, in my judgment, in a fit state to be here—in my judgment, he could not remain in Court.
Cross-examined. Q. Did he come this morning? A. Yes, I believe by the train—he has been a week on the list, as sick—his complaint is nervous debility.
MR. CROWDER. Q. In your judgment, he was not fit to travel? A. No; he did not appear in a fit state to remain in Court—when I saw him this morning I advised him to retire—that was done with a view to his health—I had given orders that he should not be brought here, but the solicitor wished him to come, and he did.
(The deposition of John William Alexander Kennedy was here read, as follows:—"John William Alexander Kennedy, on his oath, saith as follows: 'I am lieutenant and adjutant in the Woolwich division of Royal Marines; the prisoner Arman is the senior sergeant of Marines, employed in the adjutant's office, and has been some years in the office, and senior clerk about eighteen months; I have examined the eleven books now produced; they are similar in every respect to those used in the adjutant's office; the books in store were in the prisoner Arman's charge, locked up in a room, of which he has the key; upon referring to a list now shown me by Mr. Hewett, I find that eighteen books of No. 12 ledger were delivered at the Marine Barracks in the beginning of July; in due course, these books would have come into the prisoner Arman's keeping, it being his duty to unpack the box, and put them into store; I have since examined those books, and find two deficient; on looking at the books now produced by the police, I find one of them is numbered "12," and labelled "Ledger;" it is ruled, and resembles in every respect one of the two that I have missed; upon reference to the same list now shown to me by Mr. Hewett, I find that eleven divided orderbooks were supplied at the same time as the ledgers, and they, in due course, would also have come into Arman's keeping; I have examined our store, and
find a deficiency of three of that particular book; among the books now produced by the police are three exactly resembling the divisional order-books, with the labels torn off. 'On cross-examination: 'A key has been found within the last few days that will fit the lock of the store-room door, and belongs, I believe, to an adjoining closet.")
MR. PARRY to JAMES HADRILL. Q. Do you know anything as to the sale of these books? A. No; I have not known the department to sell books; I have known waste paper brought into the barracks, not with the broad arrow on it—I mean by waste paper, paper that has been used in the barracks before—I am not aware that books are sold; they are kept in the store or record room.
JOHN HEWETT . I am employed in the Storekeeper General's Office. It is the practice of the Storekeeper General to send stores to the different departments of the docks and barracks—(here are account books kept there, and they would be sent out on demand—the Adjutant's office is where the books would be sent—I have looked over the books taken by the officers, which are now before me—they are similar to those in store—when they are in store they are labelled for the purposes for which they are intended—there is no broad arrow on these plainer books, which are for writing in—the books are bound by contract for the Stationary office—the label is on the outside of the book, on the top—there is the appearance of the label on these books—this one has the mark of the label very plain—these are all quite new—I know of a number of books of this description being sent to the barracks at Woolwich—the last demand was sent to Woolwich on 4th July—these large books are letter books—this one is supplied as a general index—I keep these books in store—the label is still on this one—this is a book that we issue for orders—this had a broad arrow, in gold, on the first cover—these two sets of leaves appear to have been a book; the leaves are cut in two—these have the broad arrow on them—this is a printed book—the printed books have the broad arrow on them, but not the plain ones—this would be an embarcation book; I have compared it with the embarcation books, and it corresponds in every particular as to the ruling—these small ones are similar to what we supply for divisional order books—as far as I can judge these are Her Majesty's stores; I have no doubt of it—I cannot tell whether any of these were furnished on the last supply—they are made by contract—the value of the whole is about 50s.
Cross-examined. Q. Do you know anything about the public sales at Woolwich? A. I do not—there are sales of old stores two or three times a year—I presume they are public sales; they are advertized—I presume they are marine stores, things that have got useless in service—I think I may say that old books are not sold—I am aware there are a large number of old books in store; the Admiralty are very particular on that point—my impression is that these books have certainly not been sold.
MR. CROWDER. Q. As far as your experience goes, are old books ever sold? A. I believe not; if any are returned in consequence of any alterations that are made, they are returned to Mr. Barlow, to be ground up at the mill.
Arman. Q. Do you put the books in cases yourself? A. I do some-times; I have a man to help me—I cannot swear that I put these books in cases myself on the 4th of July—there were four or five cases sent—I have on former occasions sent books short of the complement, through there being no more remaining in store, which I have made up as soon as they were received—it may not be impossible to buy books like these in London—Mr. Truscott, a binder, in Black friars-road, has the contract from the Stationery-office—
when the last contract was taken from Mr. Smith, I should apprehend he had none of these remaining in stock, because the paper for the books is supplied from the Stationery-office; he does not make them with his own paper—I cannot swear that I sent these books to Woolwich—I send to the whole of the divisions—I should apprehend that the demand this year is much the same as last year—I can swear positively that two or three of these books are the property of the Commissioners of the Admiralty—this ledger there can be no doubt about.
MR. CROWDER. Q. You say you have sometimes sent short, when you have not bad sufficient to meet the demand; but if you have had sufficient, have you ever sent short? A. Never; I had not sufficient in July to send the whole of the books, but of the description of books that are here I had sufficient for the demand—I am able to state that I sent all this description of books; and I am able to state that I have the receipt for the whole—they were directed to the Colonel Commandant.
Arman's Defence. There are five books stated to be missing, and only four have been found at Mr. Akers', and these he stated I sold on the 26th of June, and the books were sent on the 4th of July; it is impossible therefore that these could be them; those books I took from Mr. Parry, in Francis-street, Woolwich, for work I had done for him; I called several times, and could not get the money; I called on him on the 9th of May, and he said he had some books he wished to dispose of; he showed them to me; he wanted 40s. for them; after some hesitation, I gave him the difference between my bill and them, which was 7s. 6d.; I sold some of them to Mr. Akers on the 26th of June, and in a few days after I sold the remainder; I hope the explanation I have given will be satisfactory to you, for upwards of nineteen years I have served my Queen and country, by sea and land; I have a list of testimonials, which will show what my character has been.
(The prisoners received good characters.)
NOT GUILTY .
941. MARY GRIEFF , stealing, at Woolwich, 1 sheet, value 1s. 6d.; and within six months, 2 sheets, value 3s.; and within six months, 2 tablecloths, 2 petticoats, and other articles, value 1l. 2s. 6d.; the goods of Charles Melton.
MR. REED conducted the Prosecution.
MARIA MELTON . I am the wife of Charles Melton, an eating house keeper. I have been in the habit of employing the prisoner at our house—she came first as a friend, and we have employed her to do many things, and have paid her for them—two or three months ago I was confined; before that I had missed numbers of things from the house, but never suspected the prisoner—I discharged the washerwoman in consequence—adjoining the room in which I was confined there was a box containing sheeting and other articles—the prisoner had access to it—after she left I examined the box, and missed a large sheet, a very handsome tablecloth, some petticoats, drawers, and many other articles—I have seen some of them since—this is the sheet (produced), it is now cut in half—all these articles produced are ours—I missed them seven or eight months ago, during the time we have been employing the prisoner.
Cross-examined by MR. LEMPRIERE. Q. Is the prisoner married? A. Yes; originally she was a personal friend of mine—she has fallen into poverty—I have not seen her since the second day of my confinement, which was in the latter end of May—her husband is a butcher, but I believe him to be out of business at present—they live together—the prisoner has been with, us nearly
two years, and we have continually lost things—the box was not locked—we never locked the till, or anything else—we let beds.
JAMES WESTBROOK (policeman). I took the prisoner at No, 8, Barry's-road, Plumstead—I asked her which room she lived in, and she showed me the front parlour; I searched that room, and found these sheets, a fork, two spoons, a thimble, and fifty-two duplicates.
Cross-examined. Q. Where were the sheets? A. In a sofa bedstead, with the bed and bedclothes.
GEORGE ROBERTSON . I am assistant to Mr. Burt, a pawnbroker, of Powis-street, Woolwich. I produce tickets of two sheets and a tablecloth; one sheet pawned on 6th April, the other on the 9th, and one article on 29th May—I do not know who by—the duplicates all correspond.
GUILTY . Aged 35.— Confined Six Months.
MR. HORRY conducted the Prosecution.
RICHARD COLE . I am a warehouseman, employed at Mr. Thompson's, in Cheapside. On Sunday, 31st July, at a quarter to 10 o'clock, I was at the Woolwich station of the Eastern Counties Railway—after I had passed the barrier where the crowd was my watch was safe, but as I was getting into a carriage I felt a hand at my watch; I caught the hand—it was the prisoner's—I held it till I gave him in charge—when the railway inspector came up, the prisoner held out his left hand, pointed to the platform, and said, "What is that lying there?" and I saw my watch on the platform, about three yards from me—the glass was broken, and the ring was missing—it was worth 3l. 10s.
Cross-examined by MR. METCALFE. Q. You caught the prisoner by the hand? A. Yes, not by the arm—I caught his hand at my pocket, and held it all the time—I found my guard hanging loose, and said, "You have stolen my watch," and took him across the platform—I did not pass near the place where the watch was found after I felt the prisoner's hand at my pocket—it was three yards from the carriages—I had not gone near that spot at all, either before or after.
ELLIS KERRY . I am acting inspector of the Railway, at North Woolwich. I was on duty, and saw Cole holding the prisoner by his hand—he charged him with stealing his watch—I asked the prisoner what he knew about it; he pointed, and said, "What is that lying there?"—I found it on the ground, with the glass and ring broken—it was within two or three yards of where Cole and the prisoner were standing.
Cross-examined. Q. The train was going to start? A. Yes, we were getting ready to start—numbers of people were trying to get into the carriages.
NOT GUILTY .
GUILTY . ** Aged 37.— Confined Six Months.
MR. HORRY conducted the Prosecution.
DINAH LOGAN . I am the wife of Richard Logan, of Princes-street, Deptford, a beer shop keeper. On Saturday, 23rd July, I was in the bar parlour, and heard a noise, got up, and saw the prisoner with his hand over the counter, shutting the till—he was outside the counter—I saw him life his band to his mouth, and beard something against his teeth, which sounded like silver—he got into the street—I examined the till, and missed between 5s. and 6s., which was there ten minutes before—there was no silver left—the prisoner was brought to me on the Sunday morning, and I recognised him.
WILLIAM NASH (policeman, R 210). I received information, and took the prisoner at his mother's house—I told him the charge, and he said, "I was in London all day"—I said, "What time did you go in the morning?"—he said, "Nine o'clock"—I said, "What time did you return?"—he said, "About 8 o'clock in the evening."
Prisoner's Defence. I was in London all day, from 9 till 8 o'clock.
GUILTY . Aged 16.— Confined Twelve Months.
(Policeman R 118 stated that he was the leader of a gang of young thieves, and had been either seventeen or nineteen times summarily convicted.)
Before Mr. Recorder.
NOT GUILTY .
Before Mr. Common Serjeant.
GUILTY .* Aged 18.— Transported for Seven Years.
Before Mr. Justice Talfourd.
MR. O'BRIEN conducted the Prosecution.
SOPHIA KELLY . I live at No. 22, Bedford-row, Guild ford-street, Borough. I knew the deceased Mrs. Bishop as a neighbour, she lived at No. 21, Russell-place, opposite me—from something I heard on Sunday afternoon, 3rd July, about 3 o'clock I went over to the deceased, and found her lying on the bedstead with a chemise and counterpane thrown over her, she appeared to me as if she was in a fit, she was not able to speak to me—the prisoner was sitting on the edge of the bed—I remained with her up to 9 o'clock at night with a very slight interval, just crossing the road—on my suggestion, Mr. Nash the surgeon was then called in—I did not remain with her all night, I left at 9 o'clock—I was called at 20 minutes past 2 o'clock in the morning, I then remained with her up to within ten minutes of her death—she died from about half past 11 to 12 o'clock—after her death I examined her person—I saw two small bruises on the left side of her head, a small cut bruise on the right side of the head, about the length of my nail, which appeared to have been done about four or five days; a bruise on the back
part of the right arm, and one, a very large, one quite at the bottom of the hack—the two bruises on the head seemed quite fresh—I asked the prisoner how the bruises came there; he said he did not know—I asked if he had bad any words with her—he said he had had words on the Saturday night, but no blows had passed between them—he said he had found her, between half past 5 and 6 o'clock on the Sunday morning, on the floor at the bottom of the bedstead, and she then appeared to be in a fit, in the same state as I had found her—I had not known them long, they had not lived a great while in that neighbourhood—she had five children.
Cross-examined by MR. PARRY. Q. Did you know her sufficiently to know anything of her habits? A. I did; she was very much given to drink, that continued almost every day up to the very last week—the prisoner was generally noticed to be a very hard-working steady man at his work; he could not go by the place without our seeing him, he was in the habit of going very early to work—he is an engineer, and earned very good wages.
HANNAH LAMBERT . I am the wife of Robert Lambert, a dairyman, and live at 22, Russell-place, Bedford-row—I knew the deceased—I saw her on the Saturday before her death, between 3 and 4 o'clock—she was then quite well and quite sober—after 6 o'clock I heard her and the prisoner quarrelling—my house is divided from theirs at the back only by three boards—there was great swearing between them and quarrelling—I did not exactly understand what it consisted of—I heard him call her some name, and I heard her say "Pray don't hit me, for I have not been out"—I did not see any blow given, But I saw her fall back—I saw her back; I could not see the whole of her person, because she was inside the door; I saw her project out from the door, backwards—I heard the noise of crockery being broken—after the fall, I heard a moaning—I did not see her after that till about 11 o'clock on Sunday morning—she was then lying on the bed, insensible—the prisoner was by the side of the bed.
Cross-examined. Q. Were you a companion of hers at all? A. No she used to come to the door and tell me of her troubles, that was all—I never went to the pawnbroker's with her; I never drank with her.
JOHN BISHOP . I am eleven years old, and am the prisoner's son. I recollect the Saturday before my mother died—she dined with me that day, and also my father, my brother, and sister—my father left borne after dinner, about a quarter to 2 o'clock—my mother had been in the house the greater part of the day before dinner—after my father left she went out; she returned about half past 4 o'clock, very tipsy—she sat down—we had tea about 5 o'clock—my father returned about 6 o'clock—he said my mother was tipsy; she said she was not—he said she was; she said if he said she was tipsy she would dash his brains out with the basin, and she took a basin from the table and threw it at him and hit him across the forehead—my father then went to wash and shave himself, and my mother went and sat on the stairs—she said she was very tired, and she would go up and lie down, and when she was going up she fell backwards down three steps; that was by the back door—my father was then in the front room, shaving himself—my mother lay there about five minutes; she then rose up and said she was very tired, and she ran up stairs and laid down—she did not cry out at all when she fell down—I was in the back room at the time; I had the baby—my little brother and sister were there, they are younger than me—neither of us went to my mother—she did not come down again that night
—it was about twenty minutes past 6 o'clock when she went up stairs—my father went out about half past 6 o'clock, and came home about 11 o'clock—my mother remained in bed all that time—my father went up stairs to see if she would come down, and she said "Oh, let me alone"—he then took the baby from her; it is about twelve months old—he slept with us that night—I did not see any blow struck that night, except what I have mentioned—my mother only had one fall.
Cross-examined. Q. I am afraid you had seen your poor mother tipsy before, had you not? A. Yes, several times—she was more tipsy than usual that day—she went out immediately after my father, and remained out till tea time, and then came home very tipsy—when she threw the basin at my father he was very irritated, and he swept the tea things off the table—he did not strike her—the tea things were broken, it made a great noise—I minded the baby while my mother was out—I used to go to school on other days, but this was a holiday, and I was at home—my father went for Mr. Nash, the surgeon, on Sunday morning—I heard my mother moaning in the morning about 6 o'clock, and my father immediately went for Mr. Nash—I was not in the room when he came.
COURT. Q. When your mother fell backwards, as you say, could any one in the street see her fall? A. No; the door was shut—it was close to the back door.
THOMAS NASH . I am a surgeon, and live in Bridge-street, Southwark. On Sunday, 3rd July, about 10 o'clock at night, I was called in to see the deceased—she was then in a sinking state—I could do nothing for her—I saw she was dying; it was quite a hopeless case—I gave her some stimulants—afterwards, in consequence of an order from the Coroner, I made a post mortem examination—the state of the stomach and liver indicated a habit of drinking—there was a great deal of disease in the chest; both lungs were diseased—that did not contribute to her death—death was caused by extravasation of blood on the brain, which I detected on opening the skull—I found an injury corresponding to that extravasation, behind and above the right ear, and there were also contusions on the left side of the head—I should say the injury had been inflicted three or four days—I made the examination on the Tuesday—there was no injury of so recent a date as Saturday evening" except the bruise on the right shoulder—all the injuries on the body were of an older date—the injury on the head had the appearance of having been inflicted three or four days before death—I think the extravasation of blood must have taken place on the Saturday evening—the wound which corresponded with the extravasation I should say had been inflicted at least a couple of days previous—I think the injuries behind the ear so injured the vessel without exactly tearing it across, that subsequent excitement or the fall had divided it—that which the witness described as a bruise at the lower part of the back was not a bruise—it was merely caused by pressure, such as might be produced from a person lying in bed—the extravasation of blood would account for the sinking state in which I found her on the Sunday night.
Cross-examined. Q. Do you know that a Mr. Tibbitt's had been called in before you? A. Yes—I have not seen him here—the prisoner appeared desirous of doing everything he could for his wife—I gave general directions to bathe her temples, and so on—there were a great many women present, and I think they did that—he appeared grieved, I saw him crying—that was after her death—I think it most likely that the immediate cause of the extravasation was a fall coupled with excitement.
NOT GUILTY .
Before Russell Gurney, Esq.
GUILTY . Aged 38.— Confined Six Months.
GUILTY . Aged 25.— Confined Six Months.
GUILTY . Aged 22.— Confined Six Months.
GUILTY . Aged 34.— Confined Six Months.
MESSRS. SCRIVEN and LILLEY conducted the Prosecution.
MARY JANE ALLEN . My husband keeps the Lord Nelson, at Camberwell. On 4th July I saw the prisoner in our bar with another man—they stopped a few minutes, and then called for a pint of half and half and a screw of tobacco—the prisoner gave me a shilling—I gave him 9d. change—I put the shilling into the till, where there was no other—they drank their beer, and called for another pint—the prisoner paid me with another shilling—my daughter served them on that occasion, but the shilling was given to me—I put it into the till with the other—I had no suspicion—I gave a sixpence and some coppers in change—they still remained at the bar for some time, and my husband came in—they called for a pot of beer, and I saw the prisoner put down another shilling—I saw my husband take it up—he said it was bad, and he would give them into custody—they both made a ruffianly attack on my husband—several persons held the prisoner till the policeman came—the prisoner was given into custody—the other man made his escape, but previous to his making his escape the prisoner handed something to him.
SAMUEL ALLEN . I am landlord of the Lord Nelson. On the night of 4th July I passed through the bar parlour—I saw the prisoner and another man standing there—the prisoner called for a pot of beer, and put a shilling on the counter—it was bad—I went and took the others out of the till, and found they were counterfeit—there were only two shillings in the till—I took them out, and sent for a policeman—I went round, to prevent the prisoner and his companion from escaping—the one that got away struck me severely—he got away, but I kept the prisoner—we struggled nearly twenty minutes—he struck me severely, and kicked me—I gave the three shillings to the officer—I marked them at the station.
GEORGE BRAWN (policeman, P 286). I went to Mr. Allen, that night, and received the prisoner in custody—I received these three shillings from Mr. Allen—I found on the prisoner a good sixpence and 3d. in copper.
GUILTY . Aged 24.— Confined Twelve Months.
MESSRS. SCRIVEN and LILLEY conducted the Prosecution.
JAMES PAGE (policeman, P 829). On 25th July, in the evening, I took the prisoner into custody at Kennington-gate—I told him he was charged with passing bad money—he said I was mistaken—there was a boy who said
the prisoner was one who was in company with another—the prisoner said the boy was mistaken—I told the prisoner if the boy was mistaken I would allow him the privilege of walking back to the shop—we went back to Mrs. Hawkins's shop, and in going I saw him put his hand in his right hand waistcoat pocket, and take out a parcel wrapped in light paper—I tried to hold his hand, but he struck me several times in the face; and I saw him throw his hand over his head, and the parcel went from his hand—I took him to Mrs. Hawkins's shop—she said he was not the person who came in the shop, and I took him to the station—I received a paper parcel from Baily, which contained these four shillings—the prisoner gave his address, No. 282, Kent-street, Borough—I made inquiries, and he was not known there.
JAMES BAILEY . On 25th July, I saw the prisoner in custody of the last witness, about two yards from Kennington-gate—I saw him do something to his pocket, and he began beating the policeman; and as he was beating him about, a parcel flew out of his hand—it went down an area in a garden—I ran in the garden, looked down the area, and saw the parcel—I said to the lady, "Give me that parcel," and she gave it me up—I went to the policeman, but did not give it him then, for there were six or seven persons holding the prisoner down—I gave the parcel to the policeman afterwards.
Prisoner. Q. Did you see me put my band into my waistcoat pocket? A. Yes, and saw you take out a piece of paper, and chuck it into an area in a garden—the area was a little deeper than I am high—I went into the garden, and asked for it—I could not give it to the officer at the moment I said, "It is all right"—I gave it him at the station—I did not give it him at first, because there were so many round.
MR. SCRIVEN. Q. Did you see the paper fly from this man's hand, down the area? A. Yes; that was the same I afterwards gave to the officer.
GUILTY .* Aged 22.— Confined Twelve Months.
Before Mr. Common Serjeant.
954. ELIZABETH FITZGERALD and SUSAN JONES were indicted for a robbery on James Cambridge, and stealing 1l. 6s. 10d. from him; and HENRY THOMAS , for feloniously harbouring Fitzgerald, knowing her to have committed the felony.
JAMES CAMBRIDGE . I am a miner. On 29th July I came to London, at half-past 10 o'clock at night—I was in the street, coming from the King'scross station—I did not know where I was—I met the two female prisoners, and one other woman who is not in custody—I asked the woman who is not here if she could show me a decent lodging—I walked with her from King's cross to Waterloo-road—I went into a public-house with her—when there, I saw Fitzgerald and Jones—I came out of the house with the other woman, and Fitzgerald and Jones followed me out—we were all four in the street—the first woman took hold of my coat and held me, and Jones took bold of me by the legs and threw me down—Jones pulled me down, and Fitzgerald tore my trowsers and my coat—the woman who is not in custody broke a little bag from a little tape on my neck—the bag had 1l. 1s. in it—after she had broken the tape from my neck she ran away—Jones took 5s. 6d. in silver, and 4d. coppers, out of. my waistcoat pocket, at the same time that the other woman took the bag from my neck—they had seen money in my possession in the public-house—I took 6s. out of the bag to pay for the gin, and I put 5s. 10d. into my waistcoat pocket, in the public-house—when Jones had
taken this out of my pocket, she and Fitzgerald ran away—I got up, and went to the station, and gave information—I went with a policeman to search for them—the policeman went into a public-house, and Jones ran out of the house when he went in—I ran, and caught Jones, and gave her to the policeman—I went in search of the other two—I found Fitzgerald in a publichouse—I accused her of robbing me—she skived me back from her—I called on the landlord to help me—he came round the counter to my assistance—he did not help me to take her, because be saw her go away—the prisoner Thomas struck me, and held me by my two arms, while she made her escape—he said I was a rascal for taking any girl—he held me while she was escaping out of the house—she got away, and I never saw her any more till she was in custody—Mr. Hart, the landlord of the publichouse, gave her into custody—I gave Thomas into custody—before he came and struck me, and laid hold of me, I had stated what I wanted Fitzgerald for—I had accused her of robbing me before he did it—he could hear me.
Cross-examined by MR. PLATT. Q. What brought you to London? A. I was going to the Foresters' meeting—I brought 3l. 10s. with me—I had 1l. 7s. when I was at the place where I first saw the women—it was in a purse round my neck—I last saw it in the public house—before it was taken from me I was as sober as I am this moment—when I went in the public house I bad 2d. worth of gin, hut did not touch it—I saw nothing of Thomas at the first public house—he had nothing to do with the other woman who went away—I do not believe him to have anything to do with the robbery—I never saw him in my life till he struck me—I accused Fitzgerald of robbing me, and he was standing close to me—I bad hold of the woman, and he said I was a rascal to take any poor girl—I had hold of Fitzgerald's shoulder, of her shawl—Jones was not there—she was locked up—I asked Mr. Hart to draw me something to drink, but I did not drink it—I called for a glass of whisky—I had been working all night the night before—I had started at 3 o'clock in the morning—I was not tipsy when I came into Mr. Hart's public house—I was not laying hold of some of the women there before I laid hold of Fitzgerald—not one—I did not treat any one in the house—when I went out Thomas was standing in Mr. Hart's public house—after he struck me I left him in the bar—I went for a policeman, and Thomas was across the road talking to some women—there were other persons talking in the public house.
WILLIAM WELLS (policeman, L 94). About 1 o'clock in the morning of 30th July I saw the prosecutor with some women—I could not positively swear to the women—they were in an oyster shop—shortly afterwards I went to the station—I found the prosecutor there; I went with him to the Equestrian public house—I went inside, leaving him outside—I did not see any woman, but as soon as I got in the prosecutor called out, "Here she goes!" I went out, and saw Jones running—he stopped her, and gave her into my custody—he said, "This is the girl that robbed me"—when at the station Jones said she had been in the shop and bad oysters with him, and she saw him have some money, but she knew nothing of the robbery.
Cross-examined. Q. Was the prosecutor sober? A. Yes, quite sober—he ran after Jones I should say 150 yards.
DAVID PEGREM (policeman, L 161). Fitzgerald was given in my charge by Mr. Hart, the landlord; he said that was the woman who was concerned with another one in robbing a man named Cambridge—she said it was a shame to take an innocent woman into custody—on the 30th of July I was on duty in Westminster-road, at 3 o'clock in the morning—I saw Thomas; he was accused, and we brought him back to Mr. Hart's house—the prosecutor said,
in Mr. Hart's presence, that was the man who assaulted him, and held him back while Fitzgerald made her escape—Thomas said something, but I did not hear what—my brother officer took him.
JOHN HART . I keep the New Crown and Cushion, in Mount-street, Lambeth. On the 30th of July, about 3 o'clock in the morning, the prosecutor came to my house, and called for something—he saw Fitzgerald there, and he said something, but I could not hear what he said—Thomas was there—he was pretty near the prosecutor—I was further away than the prosecutor—I saw Thomas hold the prosecutor, and I heard the prosecutor say a woman had robbed him, and gone out of the house—I came round to assist him, and said it was wrong for Thomas to stop him—the prosecutor went out for a policeman—Thomas was on the other side of the way, and he was brought back.
Cross-examined. Q. What is the length of the bar? A. About as long as this Court; I was some distance farther from the prosecutor than Thomas was—the bar was pretty full—there were persons there drinking and talking very loud.
Fitzgerald's Defence. I was standing in the public house by myself, and the gentleman came to me and said, "Do you know me?" I said, "No"—he said, "Will you have a glass of anything?"—I said, Yes, a glass of gin"—he said, "I will have a glass of whisky"—I said, "I will have a glass of whisky"—he said, "You have robbed me of 1l. 1s."—I said, You make a mistake"—he said, "Yes, you have; I have had one girl up; I will have another."
Jones's Defence. I was having some oysters with him in a shop; he was very much intoxicated; he took some money out of his coat; I came out and went to a public house; I came out, and he came after me, and said I had robbed him of 1l. 6s.
(Fitzgerald's aunt gave her a good character.)
FITZGERALD— GUILTY . Aged 22.
JONES— GUILTY . Aged 21.
THOMAS— GUILTY . Aged 27
Confined Twelve Months.
Before Russell Gurney Esq.
GUILTY . Aged 31.— Confined Fourteen Days.
956. GEORGE ROLES , burglariously breaking and entering the dwelling-house of George Brooks, at Lambeth, and stealing therein 1 pair of earrings, 2 breastpins, 2 watches, and other articles, value 3l. 5s.; and 48l. in money; and 1 order for the payment of 5l.; his property.—2nd COUNT, feloniously receiving the same.
MR. METCALFE conducted the Prosecution.
GEORGE BROOKS . I keep the Raby Castle, Esher-street, Kennington-lane. On Tuesday evening, 19th July, my wife went out about 6 o'clock—about a quarter or half past 8 o'clock, four or five men came to the house, and went up stairs to the bagatelle room—they slipped up so quickly that I could not see whether there were four or five—that room is used as a club room—my bedroom is on the same landing—it is the next room—persons going to the club room would go within two feet of the bedroom door—the men all left at 20 minutes past nine o'clock—some time after that my servant gave me information—I went up stairs, and found the door had been prized
open—I went to the drawer where I kept ray things, and which had been locked, and missed my watch, which I had put there at half past 4 or 5 o'clock, and also a waiscoat—mine was a silver watch, with a gold guard attached.
ESTHER BROOKS . I am the wife of the last witness. On 19th July, I went out shortly before 6 o'clock in the evening, leaving ten sovereigns, four half sovereigns, four 5l. notes, a 10l. note, and a 5l. check, in a little casket in a drawer, which was locked, in the bedroom—there was also in the casket a pair of earrings, a silver pencil case, a ring, and many other small things—there was in another open drawer, my gold watch and chain, a pin, and two brooches.
Cross-examined by MR. PARRY. Q. This was 8 o'clock, was-not it? A. Shortly before six.
WILLIAM MILLERMAN (policeman, B 95). On 20th'July, about 3 o'clock, in the afternoon, I saw the prisoner in the Broadway, Westminster; there were three or four others near him—he had a watch in his hand, holding up to them—I was fifty or sixty yards from him—after that he pulled out something else, and showed that; but I could not see what it was—I followed him into Cock-yard, Westminster, called Taylor, another policeman, and then asked the prisoner to let me look at that gold watch that he showed to those parties; he said he had got none—I felt his pockets outside, and felt a watch in each pocket—I said I must see the watch, or take him to the station—he said, "Come and have some lush?" I took him into Victoria-road, and be threw the watches into the road, and pushed me very violently—I saw the silver watch picked up by a person who gave it to me directly—this is it (produced)—I took him to the station, and found on him twenty sovereigns, a half sovereign, 16s. 9d. in silver, and 5 1/2 d. in copper; a gold watch key, two pins, and a pair of cornelian coat studs; also this gold, off a very large brooch; the stone has been taken out—I also found a third watch which has not been owned—the prisoner was quite sober.
Cross-examined by MR. PARRY. Q. Were you examined at the police court? A. Yes; if the prisoner had not been sober I should not have taken him to the Westminster police court at the same time; we never take people that have been drinking to a police court; he was taken there at 4 o'clock on the same day—it was 9 o'clock in the day when I first saw him; he was in the middle of the road; I had been on duty up and down there all day, it is part of my beat—I had not seen the prisoner before that morning—there were two persons that I know there.
ALFRED TAYLOR (policeman, A 246). On 20th July I received an intimation from Millerman, and saw the prisoner going up Tothill-street to Cock-yard—we followed him, and Millerman asked him what he had done with the watch—he said he had not any watch, and knew nothing about it—his hands were in his pockets; and when he pulled them out, I saw a gold watch in his right hand—he threw it away as I was trying to get it from his hand—I saw it picked up—I also saw him throw a silver watch out of his left hand—he was very violent going to the station—I saw him searched, and saw the money and jewellery taken from him—I was in uniform, but Millerman was not.
Cross-examined. Q. Was the prisoner near a pump when you saw him?
A. Yes—I was in uniform, and was forty or fifty yards off when he was showing the watch to the other people.
ESTHER BROOKS re-examined. This gold watch is mine—my initials are on it—at the time I lost it there was a gold chain attached to it, which has not been found—this gold is the remains of a large brooch set with pearls—it was complete when it was lost—this pin is mine—these coat studs were in the casket—the silver watch is my husband's—here are his initials on it.
Witnesses for the Defence.
MARTHA ROBERTS . I am the wife of Thomas Roberts, a plate glass silverer. I am the prisoner's sister, and live with him—he keeps the Carpenter's Arms, Old Pye-street, Westminster—on Tuesday, 19th July, I was at home all day, with my brother—I did not leave home at all, and he was not out all that day—I know Michael Durrant—he was at the house all the evening till it was closed—there was a row in the house that evening with a woman who called for some beer, and would not pay for it; it commenced at 8 o'clock, and lasted about half an hour—I was down stairs next morning about 8 minutes before 7 o'clock—the house is frequented by working people as they go to their work—my brother was down before me, at half-past 6 o'clock—when I came down, I went into the kitchen to light the fire, and then went to clean the bar parlour out—two men and a female then came in, and stood drinking ale for nearly an hour—about a quarter of an hour before they left, the taller man pulled a small brown paper parcel out of his coat pocket, and asked my brother to take care of it till he called for it, and asked him to be careful with it; my brother said he would, and he put it on a shelf underneath the bar—it remained there about half an hour—my brother went out that morning about a quarter before 11 o'clock—before he went out he opened the parcel; it contained two watches and some small jewellery—on account of the row on the previous night, and the woman being locked in the station house, he said, "For safety, I will take these things with me; if the woman comes back, Mrs. Bolland, no doubt she will come and make a row"—he went out to pay Messrs. Elliott, the brewers, and took twenty-six sovereigns with him for that purpose—I know that, because he brought them down, put them on the bar table, and counted them—I knew before that that he was in the habit of keeping money in his bedroom, in a bag, which I had seen before, and I know he had money by him at the time—he had to pay Elliott 17l., and 6l. to Mr. Hawkes, of Walham-green, another brewer—he returned again about half past 12 or a quarter to 1 o'clock, and told me he had not been to the brewers—I saw that he had been drinking, and asked him to step in; he stayed a quarter of an hour, and then went out—I expected him back in a few minutes, but he did not come, and I saw no more of him till he was at the station—I know the persons by sight who left the parcel, but not by name; they bad been in the house before, and I should know them again.
Q. You say your brother opened the parcel: how came he to do that? A. I said, if he was going out he had better see what was in the parcel, as I was going to be at home by myself, and it was then that he opened it—on that day, while my brother was out, Mrs. Bolland's sister came, and two more women; they thrust the bar parlour door open, and broke everything I had on the dinner table—I was by myself, and was very much alarmed—I gave them into custody; they were taken before a Magistrate, one had a month and the other ten days.
Cross-examined by MR. METCALFE. Q. Two men and a woman came first; what time was that? A. About a quarter past 7 o'clock in the morning—they came all together—they only remained an hour; my brother's house is in Old Pye-street, close by the Broadway; it is on the Abbey side of Victoria-street, and Tothill-street is on the other side—I had seen the men and the woman once or twice before at the house; it might be three weeks or a month before—they had not been there the previous night, nor in the week before—I do not know their names; a great many come in a dozen times and I do not know their names—it was a small square parcel about half the size of this book—the man gave no reason for leaving it; he merely asked my brother to take care of it—he did not say when he was coming back for it—the other man and the woman appeared to have nothing to do with it—my brother did not know their names, but he took the parcel immediately—the man told him to take care of it, and be very careful with it—the best way to take care of it was to open it to see if there was anything valuable in it, me being at home by myself—my brother was out on the Monday, I was not at home then, my husband was with me—the 26l. had been in the house some days—my brother returned at half past 12 or a quarter before 1 o'clock—I did not ask him for the money, as he was tipsy, and bad not been to the brewers—I asked him if he had been to Mr. Elliott, and he said he had not, he met with a few friends, and had something to drink—Mr. Elliott lives about a quarter of an hour's walk from us; he is not here; he was not certain what day the trial would come on, and Mr. Hawkes' collector would be here, but he is very ill—f have employed an attorney in the matter—when the people came in, Mrs. Wiblett was standing at the bar—I knew my brother was going to Elliott, but I did not know at what time—the parcel was first put on a shelf; my brother was busy cleaning the top, and he put it on one side—if he had not been going out I suppose he would not have opened it at all.
MR. PARRT. Q. I suppose the great majority of your customers you do not know the names of? A. No—I have been assisting my brother since Nov. last—we have dealt with Mr. Hawkes since Nov. last, and with Messrs. Elliott from the beginning—that is within my knowledge.
COURT. Q. What time did you have breakfast that morning? A. About 8 o'clock, in the bar parlour—we always take breakfast at 8 o'clock—I could see everything that went on in the bar quite clearly.
MICHAEL DURRANT . I am a master butcher, of No. 7, Horseferry-road. On Tuesday, 19th July, I was at Mr. Roles' beer shop—I got there between 6 and 7 o'clock in the evening, and remained there till nearly 1 o'clock——there are very few evenings that I am not there—I make a practice of going every evening except Saturdays and Sundays—Mr. Roles was at home all the time.
Cross-examined. Q. Do you come from the Horseferry-road this morning? is your shop shut up? A. Yes, it has been closed since last Tuesday week, but I serve my customers, and carry on my business—I call on them for orders, and take them the meat—I closed the shop because trad eis so bad, and I have no chance trade.
MR. PARRY. Q. Have you certain regular customers? A. Yes, who I call on every morning—I have been in the shop two years, and was next door a year and a half, always as a butcher—I shut it up to let it for another business—while I kept it open as a butcher's, no one would come after it—I sleep there.
COURT. Q. You were not examined before the Magistrate? A. No; I
heard next day that the prisoner was taken; I took a joint down to Mr. Roles' next morning, between 10 and 11 o'clock.
CHARITY WIBLETT . I am the wife of a warder, in the Penitentiary, at Millbank; my husband has been a warder there four years. On Wednesday morning, 20th July, I went out to take some money to Mrs. Rix, a fishwoman, who lives in Duck-lane; I owed her 4s. 1d.—I left home at a little after 7 o'clock, but did not find her at home—I knew she was in the habit of going to the prisoner's house, and went there to inquire for her—the prisoner was behind the bar, and his sister was in the bar parlour, cleaning—I waited five or six minutes to see Mrs. Rix—there were two men and a woman there when I went in—I saw the tallest of the men give Mr. Roles a parcel over the bar, and ask him if be would take care of it; he nodded his head, stooped, and put it down, but I could not see where he put it—I did not see Mrs. Rix—I left the place—I was not there ten minutes.
Cross-examined. Q. What was said, when the man pulled out the parcel? A. He asked Mr. Roles if he would take care of it till it was called for, without saying when it would be called for—the other man who was with him said, "Be careful with it"—I was not before the Magistrate—I heard of this a week ago last Saturday.
HENRY JOHN CRAWFORD . I am managing clerk to Mr. Wontner, the attorney for the defence. I received instructions when I first saw the prisoner, in reference to his defence—I heard that the Magistrate intended to commit the prisoner, and I told him I had a defence to offer—he said, "I have made up my mind to commit the prisoner for trial"—to which I said, "I will reserve his defence"—this same defence was given me by the prisoner at the House of Detention, the first time I saw him—Mr. Wonter himself attended on the first examination, and I concluded that he himself had made this statement.
GUILTY on 2nd COUNT.
(The prisoner was further charged with having been before convicted.)
EDWARD HEWLETT (policeman, 253). I produce a certificate—(Read—Surrey Sessions, George Roles, convicted Oct. 1851, of stealing 2s. 6d. of his master, Confined Twelve Months)—I was present, the prisoner is the person.
GUILTY. Aged 23.— Transported for Seven Years.
ADJOURNED TO MONDAY, SEPTEMBER 19TH, 1853.