CENTRAL CRIMINAL COURT.
CHALLIS, MAYOR. ELEVENTH 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, September 19th, 1853.
Before Mr. Recorder and the First Jury.
MESSRS. DEARSLEY and B. THOMPSON conducted the Prosecution.
JOSEPH WILLIAMS . I am clerk to the messenger of the Court of Bankruptcy—I produce a file of the proceedings in the case of the bankruptcy of Joseph Legge—I have the adjudication on 2nd April, the declaration of the bankrupt, and his examination before Mr. Commissioner Evans, on 4th April; before Mr. Commissioner Fane, on 5th April; and again on the 9th, before the same Commissioner. (These examinations being read, in part, were to the following effect-:—On the two first examinations, the defendant stated that Mr. Marshall was the landlord of No. 4, York-terrace, Southampton; that he was no relation of his, but he had known him two or three years; and on the last examination he stated that Marshall was his father, and that the property found at Southampton was deposited by him with Marshall.
Cross-examined by MR. RIBTON. Q. You did not see him sign it? A. No; but I asked him if that was his name and handwriting—I do not recollect whether he had a solicitor on that occasion.
JOHN THOMAS TREHERN . I am managing clerk to Mr. Payne, solicitor to the petitioning creditors—I was present at the examination of the prisoner on 4th April—I saw him sign the statutable declaration—Mr. Johnson explained the meaning of it to him—I called Mr. Johnson's attention
to him—I was also present on 5th and 9th of April—I heard the meaning of the declaration explained to him on those occasions also.
Cross-examined. Q. Do you know whether he had the assistance of a solicitor on the first occasion? A. He had not—on the 5th he had Mr. Wallinger, and on the 9th, Mr. Linklater.
JOHN SPITTLE . I am a detective officer. On 2nd April, I received a warrant for the apprehension of the prisoner, and went with Mr. Zuccani to Southampton—I found the prisoner there on the following day at 4, Yorkterrace—I was answered by a man who called himself Marshall—I said, "Mr. Marshall," he said, "Yes;" I said, "I am a police officer, and hold a warrant from the Bankruptcy Court for the apprehension of Joseph and John Legge"—I did not see the prisoner then—in consequence of what Mr. Marshall said, I found it necessary to search the premises; there was a great deal of resistance to my doing so, on the part of Marshall and the prisoner's wife—after I had searched the greater portion of the house, the prisoner came from the upper part of the house; I lodged him at the police station at Southampton that night, and brought him to town on the following day, Monday, and handed him over to the officer of the Bankruptcy Court—on 20th April, I was at Guildhall police-court—I saw Marshall in the prisoner's presence, in a room adjoining the police court—after the examination of Marshall, I said to him in the prisoner's presence, "What money has your son given to you?" the prisoner replied, "I have not given him any, it was given by Mr. Wontner"—Mr. Wontner appeared for him on that occasion—I did not see any money pass—I do not remember that Marshall himself said anything—I have seen Marshall and the prisoner in conversation together, but I have not heard the particulars of the conversation—I have not heard them address each other as "father," or "son"—from the character of their language I always considered that they addressed each other as such; I cannot tell the words, it was from the general conversation.
COURT. Q. You suspected that they were father and son before, did you not? A. Yes; I do not remember any particular expression in their conversation that led me to believe it; I did not hear them address each other as "father" or "son.
MR. DEARSLEY. Q. However, I understand you to say, they admitted to you that that was the relationship? A. Not together; they have done so at different times—the father did not admit in the prisoner's presence that he was his son—the prisoner has not admitted to me in direct terms that Marshall was his father—I do not recollect anything particular that he said about it.
Cross-examined. Q. What took you to Guildhall? A. I was instructed by the solicitor for the prosecution; Samuel Marshall Legge was charged with conspiracy, I believe by Mr. Nicholson, one of the creditors—the charge of conspiracy was against the prisoner, his wife, and his father; those three were charged with couspiring to defraud the creditors of their goods—I think I attended four or five examinations before the Magistrate—the first examination was not a long one, but the subsequent examinations were very lengthy; the result of it was that all the prisoners were discharged; the charge was dismissed—I have not seen Mr. Zuccani here to-day, he has been here on every other occasion; his name is on the back of the bill—I did not go direct to No. 4, York-terrace, I traced them there—I left London, and chose to go to Southampton; I was not desired to go there, I chose my own course—I did not know that Marshall was living at Southampton; it was stated before Mr. Fane that Marshall was at Southampton, but I went there before that.
COURT. Q. Had you no instructions to go to Southampton? A. No, I used my own discretion about that; I heard certain accounts in connection with this business, and I thought it most prudent to go to Southampton—the furniture that I found in the house there was cabinet and upholstery furniture; some was finished, and some not; there were tables, and chests of drawers, and sofa frames, and chair frames—it seemed the stock of an upholsterer's and cabinet maker's.
MR. DEARSLEY. Q. Were the parties remanded four' times on the charge of conspiracy? A. I believe they were, I did not attend the whole of the examinations; I believe the case was beard before four different Aldermen—I went to Southampton because I heard that certain goods had gone there.
COURT. Q. What quantity of property was there at Southampton? A. No. 4 was a six-roomed house, and two kitchens besides; it was full of furniture, and there was some more at No. 5, the house adjoining, No. 4 not being sufficiently large to hold it—I do not mean that the house was furnished for habitation, but the rooms were crowded with furniture, piled one on the other—I believe there was four or five tons of it—I believe it to be worth some hundreds of pounds—what I said to Marshall at the police court was, "What money has your son given you?"—I am sure I used that expression, and then it was that the defendant answered—I remember nothing more being said—beseemed to recognise the expression as alluding to him, I did not address him—I have heard them conversing on other occasions, but I cannot mention anything that they said.
JOHN LEGGE . I know the prisoner; I believe he is my brother. I have known him many years, and he has been brought up as such; I could not prove he was or was not—he has always lived in the family as my brother—my father's name is Legge, his Christian name is Samuel Marshall—I believe his name is Samuel Marshall Legge—I and the prisoner have lived together with him as his sons—my father has never to my knowledge gone by any other name besides Legge—my brother, father, and myself were not living together previous to the bankruptcy—my father did not live with me at Brompton, he did in Chelsea; he then went by the name of Legge—I will not swear that my father never went by the name of Marshall, to my knowledge; he might have done so at York-terrace, Southampton, but I was not present when he took the premises—I went down there on the Thursday night, and left on the Sunday morning following—I think he did go by the name of Marshall there—I have been in business with my brother—I have aided him in selling furniture by auction, P arranged the sales—the first sale was at Tunbridge; I arranged that with a gentleman, to whom P was well known for twelve months before, and he sold the goods by auction for me without my brother knowing anything about it—there was afterwards a sale at Canterbury; my father arranged for that sale by my instructions—my brother had an interest in that, but he was not present—it was a sale by public auction; I was there and received the money—the goods were sold in the name of Legge—I went by the name of Anson there.
Cross-examined. Q. How long have you been in partnership with your brother? A. About ten weeks altogether; my name was used jointly with my brother's for about ten weeks—I entered into partnership with him about 1st Jan., the business was then carried on jointly in Churton-street—sales were effected at Canterbury and Ramsgate; the goods were sold by public auction—the name of the firm was Joseph and John Legge; the goods were sent down to Canterbury, and sold there by public auction—I was known to the parties, although I went in an assumed name, as is commonly done—P was known as the proprietor of the goods; after the sales at Canterbury and
Ramsgate, certain sums were paid to the creditors—I do not know how much exactly—some money was paid to the creditors immediately after the sale at Canterbury—the whole of the money taken at the sale at Canterbury was expended in the firm, and principally paid to the creditors; my brother disposed of the money that was realised from the sale at Ramsgate; I believe it was paid to two different creditors—I assisted in taking the goods down to Southampton—we intended to sell them there, and offer them as a composition—we thought of selling them at a great advantage, as I am well known there, better than in my native town—they were to be sold in the same way as had been done at Canterbury and Ramsgate—my father bad formerly occupied a house at Southampton in his own name—that was in 1847, I have no doubt that there were cards found on the premises that would prove it.
MR. DEARSLEY. Q. Did he live there in the name of Legge? A. Yes, in the new town there; I do not know how it was that he came to take the name of Marshall—the sales I speak of were what are called speculative sales—they were forced sales, we were obliged to make up money for our bills, but I have speculated in sales for years, and have realised more than I could otherwise.
COURT. Q. What do you mean by a forced sale? A. I should say it would be to go and sell a certain amount of goods for about half their value.
MR. DEARSLEY. Q. Was there a loss to you in every case? A. There was a very heavy loss at Tunbridge and Ramsgate, but the loss by the Canterbury sale was very trifling; I believe, there was a loss—they sold for much less than we had to give for the heavier goods, but then we were charged an exorbitant price for them—you will find on looking over the sale account, that the goods I had from my creditors fetched the full value—my father had ceased to live at Southampton for two or three years before this affair—he had then been known there under the name of Legge, and myself too.
Cross-examined. Q. What are you? A. I am managing clerk to Mr. Zuccani's attorney—I have not seen Mr. Zuccani for these three weeks, I am only stating what I have heard.
GUILTY . Aged 30.— Confined Twelve Months.
MESSRS. HUDDLESTON and METCALFE conducted the Prosecution.
FITZROY NORTON . I am the son of Mr. Louis Norton, the attorney for the prosecution. I produce the proceedings in the Westminster County Court in the cause of Edwards against Perry—they are certified in accordance with the Act of Parliament—(these being put in were two summonses; one for 22nd June, and the other for 7th July, for a claim for bad money passed by the defendant to the plaintiff)—I attended on 7th July, and acted as the attorney for Mr. Perry, my father being unwell—I took notes in the case—I have them with me—the defendant Wheeler was called as a witness on behalf of the plaintiff Edwards.
COURT. Q. Have you endeavoured to obtain the attendance of Mr. Bailey, the Judge, with his notes? A. Yes, and I was informed that day by the Judge, in open Court, that he had taken no minutes whatever.
MR. METCALFE. Q. You were taking a note without any view to criminal proceedings, merely as a note in the case? A. Yes—(reads—"William Henry Wheeler. I am a coffee house keeper. I received money from the defendant—he paid two crowns and two shillings—I had seen him
before—he gave two crown pieces and ten shillings—I marked it across the head (crown produced)—that is my mark—he, the young man, took it—he was gone about half an hour—I know the young man, but not his name.
Cross-examined. I never purchased any bad money—I know a person of the name of Taylor—I took two crown pieces of Edwards—I never took two crown pieces of Taylor—I paid Taylor for a leg of mutton 5d. or 6d.—no conversation took place—Mr. Edwards paid him a half-sovereign, two crown pieces, 9d. 6d. and 2d.—on Edwards coming to me, I gave it to him to take back and show Perry, of whom he said he took it in part change of a sovereign—he shortly returned, saying Perry had given him half a crown, when I went with him to Mr. Perry's, who demanded the half crown he gave to him to be returned, which was done—Mr. Perry took possession of the bad coin, saying something about imposition being practised on him—I discovered the crown piece produced to be bad—the young man came into my place for change for a pound—I gave the pound to my daughter, and gave the young man change all in silver—I gave him the crown piece, when be immediately discovered it to be a bad one before he left the shop—I said, 'It is good enough; take it, and see if they will take it, as I did; make a mark on it, and if they will not take it 1 will take it back'—he went away, and returned in half an hour—I marked the crown piece across—he is not here—I have known him six months—he is a shopman, I cannot say to whom; I think Mr. Lawrence, who is a tea dealer—this is the crown piece paid to me by Edwards—(cautioned by Mr. Norton)—I did not buy a bad crown piece—I never buy any bad money at all—I did not buy the crown piece produced, of a person of the name of Taylor—I know a Taylor, a butcher, next to Perry's; but on my sacred oath, I did not buy of him, on the Saturday night, the 4th June, or any other time, a bad crown piece, nor the one produced; and if be dares to say so, I shall indict him for perjury—I that Saturday night purchased of Taylor a leg of mutton, and paid 4d. 9d., which I paid him with a crown piece—I received 3d. change—I never had any bad money at all; and although I take and give change in business for sovereigns, half-sovereigns, half crowns, and less silver than that, I did not, during that day or week, give change for a crown piece; so I know I must have taken the crown piece of Edwards—when he paid me, he paid me twelve shillings, two crowns, and two shillings—he paid me in the street, after we left Perry's—we do not settle our business in public houses—Perry has sent to me several times; I think about four times—I did not go, because I thought if he wanted me, he should come to me; it was not likely I should go to him—I have seen him several times—I have been in his house, and I believe him to be a respectable man—I am friendly with him—I thought it was his place to come to me—I went to Perry's on Monday, and Perry took the crown piece, the one produced, and said something about imposition—I told Edwards that the crown was bad on Monday—this is the crown piece given to me by Edwards—I swear I did not buy it of Taylor, on Saturday night, for 1d.—I swear it")—the trial was on 7th July; I could not swear whether it was on Monday or Tuesday—I saw the prisoner sworn—Mr. Cuff administered the oaths to him, and the clerk of the Court placed the book in the hands.
Cross-examined by MR. DEARSLEY. Q. Is that a full note, or merely a portion? A. It is a note of what I thought necessary to take; I did not take a verbatim note—Mr. Bailey generally takes notes; in this case he did not.
MR. HUDDLESTON. Q. Are you certain he said nothing to qualify the expression that that was the crown piece paid to him by Edwards? A. Yes he was cautioned on cross-examination.
JOSEPH PERRY . I am the prosecutor in this case; I keep the One Tun, in Chandos-street, Covent-garden. On Saturday night, 4th June, a person named Edwards purchased a quartern of gin at my house—his landlord, I believe, was with him, Wheeler, the defendant—Edwards tendered me a sovereign in payment for the gin—I gave him change, and among it was two crown pieces—it was 19d. 8d. in amount—there was two crown pieces, 9d. 6d. in silver, and 4d. in copper—they left together—this was towards 9 o'clock in the evening—on the Monday morning Edwards came to me again, and laid what appeared to be a crown piece on the counter—it was a bad one—after some conversation, he said it was a bard thing for him to lose it, he being a working man—I told him I was likewise a working man as well as himself—my wife suggested, that being a neighbour I should give him half a crown, which I did, and he went away—after he bad left I obtained some information with reference to a crown piece from a man named Taylor—that was about 1 o'clock—about 3 o'clock Edwards came again, with his master, as he called him; not the prisoner—on that occasion I got the crown piece, and next day I got back my half crown—on 7th June I received a summons, and attended the County Court on 22nd—Edwards did not appear then, and the cause was struck out—I afterwards received another summons, and the case came on for hearing on 7th July, before Mr. Bailey, the Judge at the County Court heard Wheeler sworn and examined as a witness—he said the counterfeit coin produced was the one paid to him by Edwards, and that he bad no other by any other means whatever during the week—he was questioned by Mr. Norton as to whether he had purchased it from Taylor, and he swore that he had not, and threatened an action against anybody that said so—he said on his sacred oath that he did not buy it of Taylor, and that if Taylor dared to come and say so, he would indict him for perjury—I did not give Edwards a bad crown piece on the Saturday, I gave him two good ones—the crown piece produced at the hearing was not the one I had given Edwards on the Saturday.
Cross-examined by MR. BALLANTINE. Q. Edwards is here, I suppose? A. I have seen him this morning—I did pay two crown pieces to Edwards Edwards himself told me it was a bad one on the Monday following.
DENNIS FARROW . I am usher at the Westminster County Court. I was present on 7th July, when the cause of Edwards against Perry was tried—I recollect Wheeler being sworn—I handed the book to him myself—I have not a recollection of the evidence he gave—I remember Taylor giving evidence in the cause—after that, the case was put back, in order that Taylor's wife and niece might be sent for—they came, and gave evidence—I saw a crown piece produced—it was ordered by the Judge to be impounded—I produce it—the Judge made an order for the case to be prosecuted.
GEORGE TAYLOR . I am a butcher, of No. 58, Chandos-street, Coventgarden. I opened my shop on Saturday, 4th June I think it was—I received from my wife that evening a bad crown piece—I saw the defendant there that evening, and said to him and one or two others that I had taken a bad 5d.-piece, that I had opened that day, and it would take the profit off that day—the defendant said it was as good as gold—I said I doubted it, and he said he would give me 1d. for it, which he did, and put it into his pocket—I made a mark with my teeth on the lower part of the head, under the neck—I should think this is the crown (produced)—here is a mark on it—it is not
on the cheek, but lower down—he bought a joint of meat, for which he paid 4d. 9d. or 4d. 9 1/2 d.
Cross-examined. Q. Do you mean to swear this is the crown piece you delivered to him? A. To the best of my belief it is—I have no doubt about it—I knew Mr. Wheeler to be a respectable man of business, and I thought his judgment was better than mine.
Q. He, being a respectable man, you thought you would do him? A. No, I thought the first loss was best—I did not utter it to him—if I had known confidently that it had been a right down bad one I should have put it into the fire—I did not believe that, but I believed it not to be a good one—I think I should know that identical crown by sounding it—I could not swear to it by the sound—there is no mark by which I know it except the mark on the neck, not the mark on the cheek—I can see the mark on the neck plainly enough, and swear it is the mark of a tooth—Wheeler was not drunk—he might have had something to drink—he was not at all affected by liquor—I bad seen him come out of a public house in the afternoon—I could not tell that he had been drinking by his manner—it was in the evening I saw him come out of the public house—I cannot tell you what time, but it might have been two or three hours before I passed the bad crown to him—my wife, my niece, three or four other people, and two steamboat captains, one of whom is here, were in my shop at the time. (The witness, at the request of the Court, made a math with ink on the crown piece at the part where he stated the tooth mark to be visible.)
ANN TAYLOR . I am the wife of the last witness. On the day my husband opened the shop in Chandos-street, I took a bad crown, which my husband afterwards sold for 1d. to Wheeler, who took it away with him.
Cross-examined. Q. Had you noticed it yourself? A. Not till I was going to give change, when the person objected to it, and it was sold a quarter or half an hour afterwards; I cannot say exactly the time—I was sure it was bad—Mr. Taylor said he doubted it, and Wheeler said it was good—Wheeler might have had drink, but lie did not appear as if he had; he was not drunk—he might have had a little drink, but I thought he had not.
Cross-examined. Q. Was Mr. Wheeler drunk? A. I cannot say; I do not think he had been drinking—he did not appear like it—he seemed to know what he was after.
COURT. Q. Did you hear all that passed at the time the crown was sold? A. Yes; Mr. Taylor said his wife had taken a bad crown piece—it was produced, and Mr. Wheeler said it was as good as gold—Mr. Taylor then said anybody should have it for 1s., and Wheeler gave 1d. for it—Mr. Taylor bit it to try it, but Wheeler did not try it.
EDWARD MARTIN . I am a waterman and lighterman. On Saturday night, 4th June, I was in Taylor's shop, and heard him say he had taken a bad crown piece—it was passed from his wife to me, and from me to Wheeler, who said he would give a bob for it, or something like that—I should fancy he looked at it—he gave 1d. for it, put it in his pocket, and took it away—I saw him afterwards at the County Court; he told me he was committed for perjury—I said it was a very bad case, and he said he was very drunk at the time, and did not remember it—I should not think he was drunk, but be might have been drinking.
(The defendant received a good character.)
GUILTY on the 2nd assignment. Strongly recommended to mercy by the Jury.— Confined Twelve Months.
To enter into her own recognizances in 40l., and one surety in 20l., to appear and receive judgment when called upon.
NEW COURT.—Monday, September 19th, 1853.
PRESENT—Mr. COMMON SERJEANT; Mr. Ald. SALOMONS: and Mr. Ald. WIRE.
Before Mr. Common Serjeant and the Fifth Jury,
(See page 394.)
Mr. RYLAND conducted the Prosecution.
MORRIS MESSENGER . I am warehouseman to Messrs. James Humphries and Co., carpet manufacturers, of Skinner-street. On 23rd July Johnston came to their premises, with what purported to be an order from Mr. Usher for some carpet—this is it (produced)—we had a customer named Usher, and, believing this to be a genuine order, I delivered some carpet to him, and he took it away—I have seen that carpet since—it was here last Sessions—the value of it was 13l. 8d. 7d.—the order turned out to be a forgery—the carpets I afterwards saw were my master's, and what Johnston got by means of this paper.
THOMAS USHER . I am a coach lace manufacturer, of Long-lane. I had been a customer of Messrs. Humphries—Johnston had been in my service, but had left five or six months previous to 23rd July—I did not write this paper, nor authorize any one to write it—I did not authorize any one on 23rd July to get two pieces of carpet from Messrs. Humphries.
JOHN COGHLAN . 1 am a porter. I remember Saturday, 23rd July—I was taken into custody on that day, when I had some carpet in my possession—I got that carpet from Mr. Dawson's public-house, in Harrow-alley, Houndsditch—I got two pieces—I was carrying the second piece when I was stopped—I got them both from Mr. Dawson's—I took the first piece to Mr. Isaacs' Exchange, and Mr. Isaacs' porter was there—it was Jack Liley, the prisoner, who ordered me to go to Mr. Dawson's to get the carpets—he first came to me about 12 o'clock, when I was sitting down in Mr. Isaacs' Exchange—he called me, and told me to go for a truck, and to go and fetch two rolls of carpet from Mr. Dawson's—I tried to get a truck, and could not—I told Liley I could not get one, and he said he would get a bag for me—he got a bag in the Exchange, and gave it me—I went to Dawson's, and got the first piece—Liley did not go with me—I took the first piece to the Exchange, and Liley called the porter to lock it up—he sent me back for the other piece, and as I was coming the policeman took me—he asked me where I got it—I told him—I went with him to the Exchange—Liley was not there then—the policeman took the carpet—I suppose I should have been paid for the job; Liley told me I should be.
Cross-examined by MR. SLEIGH. Q. Is not Dawson a publican? A. Yes; it was about 12 o'clock in the day when I first saw Liley in the Exchange—there were a good many persons about the market—I cannot say whether there were two other persons close to Liley at the time he told me to go for the carpet—the carpet was in the taproom; Liley was not there—I
left him in the Exchange—I went by his direction to Dawson's—I got the carpet, and took it to the Exchange—Liley was there, and he called a porter to lock it up—I went back for the other—I did not carry them both together; they would not go into the bag—the carpet is not here.
Cross-examined. Q. These were cut from the carpet that was here last Session? A. Yes; the order was brought to me and the carpets were delivered by me—I identified the carpets here last Session—we made them ourselves; I have no doubt about them—there is a difference between our manufacture and others—we speak particularly to our colours—I tied the carpets up before they went out.
WILLIAM HENRY DAWSON . I keep the Three Compasses, in Harrow alley. Coghlan came to my house on a Saturday; I do not know the date—I believe it was 23rd July—there were some rolls of carpet at my house which had been left by four prisoners, who were tried last time, Kelsey, Davis, White, and I do not know the name of the fourth; I know his face it was not the prisoner; he was not one of the four—I know him—he called at my house that day, about a quarter before 1 o'clock, at the time the carpet and the four men were there; he did not say anything to any of them to my knowledge—he did not say anything to me—he was in the tap room—I did not hear him say anything to anyone of those persons—he stayed about a minute and a half—he went away—he said nothing to me about the carpet, nor to them, in my hearing—Coghlan came for the carpet in about ten minutes—he was alone—he went into the tap room, took one piece away, and came back for the other—I believe be put a piece of canvass over the carpet—I let him take it, knowing him to be a-porter in the market—I did not see him or Liley afterwards.
THOMAS DUNGLISON (City-policeman, 68). On Saturday, 23rd July, I met Coghlan, in White-street, Harrow-alley, about a quarter-past 12 o'clock—he had a great roll in a bag on his shoulders I followed him—he went into Isaac's Exchange—he put down the roll at a door of a lock up-—I went and asked him about it—I know Liley; I did not see him on the Exchange—I took Coghlan into custody—I afterwards saw the locker searched—there was another piece of carpet there—I took them both, and they were identified by Mr. Messenger as Messrs. Humphries's property—in consequence of what Coghlan said, I looked for Liley—I did not find him for some time—he was not found till about two days after the last Session—I believe he was found in Houndsditch—I have known him several years.
WILLIAM HENRY HALE (City-policeman, 625). I took the prisoner on the Friday after last Session, in White-street—I told him there was a warrant for his apprehension for having carpet in his possession, well knowing it was stolen—he did not say anything.
Cross-examined. Q. Did he not say he knew nothing at all about it, and He had nothing to do with it? A. No; I did not part with him—I stayed with him till the charge was entered.
JAMES KELSEY . I was tried here last Session, and acquitted. I know the prisoner by sight—I saw him in Houndsditch on 23rd July, about ten minutes before 12 o'clock—I had not anything with me—Johnston and Davis had the carpet in a truck—they were about a yard behind me at the time—Liley beckoned us over, and we went all together to Dawson's public house with the carpet—it was taken out and put in the tap room; it was two pieces—Liley went in with us—the carpet was sold to Liley by us altogether—I took
part in it; I and Johnston and Davis sold the carpet to Liley—he gave 50s. for it—we left it there, and went away directly—Liley did not go with us; we left him and the carpet at the public house.
Cross-examined. Q. Did you tell Liley that you obtained this carpet by false pretences? A. I did not; I cannot say that any of my companions did—I am not in the habit of dealing in carpet—I never was in trouble before—I had seven days for a quarrel with a policeman, that was all—I was never charged with dishonesty—this 50d. was equally divided—we were paid in two sovereigns and a half—the half sovereign was changed—Davis was tried here last Session, and was acquitted.
JOHN DAVIS . I was tried last Session, and acquitted. I remember being with Johnston and Kelsey, on 23rd July—we had two pieces of carpet-Johnston drove the truck, and I helped him—when we got to Houndsditch, two men beckoned us to follow them—I cannot say who they were; I cannot swear to the prisoner being one—I have'a slight remembrance—he is very much like one of the men—he has a great likeness of him—we went to a public house—I cannot say the name of it—I do not know who kept it; it was somewhere in Petticoat-lane, or Houndsditch—we all went in—we took the carpet out of the truck, and left it there—I saw some money paid on account of either Kelsey or White, I cannot say which; it was paid by one of the men who took us in there—I had a good look at the man who paid the money—I cannot say who it was—I believe the prisoner was the man 2l. 10s. was paid—I got several pints of beer, and 1d. 6d. in money.
Cross-examined. Q. Do you swear that the prisoner is the man who paid the money? A. I cannot; I swear he was in the room, and that he was one we met in Houndsditch, but I will not swear he paid the money—I was in gaol before the time I was in prison on this charge, but not for such a thing as this—it was not for horsestealing or housebreaking; it was for answering to another young man's name in the Militia—I was tried for that offence at Worship-street—I was summarily convicted, and got six months; that was on the 13th of last December.
JOHN WRIGHT . I am porter, at Isaacs' Exchange, at Houndsditch. I know the prisoner—I saw him there on Saturday morning, 23rd July—he brought some carpet done up in a bag—he asked me to lock it up, and he would pay me by-and-bye for doing so—I locked it up, and he gave the wrapper to Coghlan—he said to him, "Here, Dublin" (that is the name Coghlan goes by)—Liley went away, and Coghlan came back with another large roll of carpet, and the policeman with him—the policeman had both the rolls away.
Cross-examined. Q. When did you first hear about this matter? A. I heard that Coghlan was in custody—a young man told me who helped to carry the two parcels up with him—I saw the officer about the matter on the Saturday—I went to Guildhall, but was not examined—Coghlan carried one parcel—I did not see the first brought to the locker—I saw Coghlan bring the second through the market—Liley was not with him, but Liley asked me to lock them up—he did not tell me to whom they belonged—he is not in the habit of dealing in carpets; he deals in clothes, and one thing or another—I had never locked things in the locker for him before—I have known him for some time, ever since I have been there—I never heard anything against him.
COURT. Q. There were two pieces of carpet; who brought the first? A. Liley asked me to lock it up, and said he would pay me—the carpet laid there.
MR. SLEIGH to JAMES KELSEY. Q. I asked you if you had ever been in
trouble before, and you said not? A. I said I had seven days—I reside in Albion-place, Bartholomew-close—I am now in this prison, on suspicion of being concerned in stealing a horse.
GUILTY . Aged 29.— Confined Eighteen Months.
GUILTY . Aged 51.— Confined Three Months ,
GUILTY . Aged 19.— Confined Three Months ,
OLD COURT.—Tuesday, September 20th 1853.
Before Mr. Recorder and the Second Jury.
GUILTY . Aged 21.— Confined Six Months.
GUILTY . Aged 22.— Four Years of Penal Servitude.
(There was another indictment against the prisoner.)
MR. PARRY conducted the Prosecution.
CHARLES KETTLE . I am a bookseller, of No. 256, High Holborn. About a fortnight before 12th Aug., the prisoner brought me a novel to sell, "The Angel and Trumpet"—he was quite a stranger to me—I gave him 6d., for it—he said he was a hawker of books, and wanted a breakfast—I sent out for change in order to give him 6d., during which time he took up a book called "Speculation," and said that it did not sell; I said, "That is very strange; I find it sell"—he said he bad got three dozen copies, which he would sell at 8d. per dozen; it is published by Routledge at 1s. 6d., and 1d. 1d., is the trade price—I said I would take one dozen at 8s., and told him to bring them to-morrow—he came again about a fortnight afterwards, 12th Aug., and brought three books, "Henrietta Temple," published at 1s. 0 1/2 d., and two copies of "Christopher Tadpole," published at Is. 10d.; that would be 45. 8 1/2 d.—he asked me 3d. 6d., for them, and said he wanted a dinner, having bad nothing to eat that day—I said, "What about the books you were to bring, 'Speculation?'"—he said, "I sold them to Cornish, a bookseller, in Holborn, the whole lump"—I asked him who he bought them of; he said, "Of Routledge"—I asked him how he could offer them at that price, when be had bought them for more money; he said, that being in want he was willing to make a sacrifice—I sent for Mr. Cornish's man, and while the messenger was gone the prisoner confessed that be had not sold them to Corfish—Cornish's man came, and knew nothing of him—I then sent to Routledge's, and while the messenger was gone, he said, "It is no use denying it; I was in great want, and I took them"—he said he was a working binder, and worked at Mr. Leighton's.
EDWARD JENNINGS . I am warehouseman, in the employ of Mr. Leighton a bookbinder, of Shoe-lane. The prisoner was in our employ, and had 30d. a week—I believe these three books to be my master's—they have not been sold, or they would have a label stuck in the corner—as soon as I saw the prisoner, he said he was very sorry for taking them away.
(The prisoner received a good character.)
GUILTY . Aged 33.— Confined Twelve Months.
MR. RYLAND conducted the Prosecution.
DAVID KING . I am a bookbinder, of No. 6, Cock-lane, Smithfield. On Monday evening, 12th Sept., about a quarter to 12 o'clock, I was in Forestreet—I had been drinking, but was quite sober and collected—the prisoners and another woman accosted me at the corner of Fore-street, and huddled me along till they got me to King-street, to the silent wall of Whitecross-street prison, where King laid hold of me by the collar, put her knee against my hip, and pushed me down on the pavement—both the prisoners kicked me, and I got a blow on the nose which made it bleed—my waistcoat was torn, and I lost a reading glass and 4 1/2 d. in coppers—I got up, and saw a young man who ran after the prisoners—this is my eyeglass (produced); it was in a morocco case, which is missing—I had been drinking with two of my shopmates at the Flying Horse, from half past 8 till a quarter to 12 o'clock—we had two quarterns of rum and three pints of porter between three of us—I never saw the prisoners before—the matter only lasted a few minutes; they met me, laid hold of my waistcoat pocket, and bearing halfpence there they still kept on.
EMMA IRVING . I am single, and live at No. 4, Moor-square. I am a flower-maker—on Monday evening, 12th Sept. I was in Whitecross-street, going home, and as I got to the corner of Whitecross-street, I saw Kelly lay hold of the prosecutor round the neck—she took him as far as the prison wall, and shook his waistcoat pocket; I then saw her chuck him on his back with her foot on his hip—the others were close by, and when they saw him on the ground they ran up and kicked him; they put their hands over his nose and mouth when he called for assistance—they both kicked him, and King knelt on him; I did not see them take anything—they went away, sod I went up to him and found him so short of breath that he could not speak, and there was blood running down his face—I saw the prisoners again, ten minutes afterwards, as they were going to the station, and am sure they are the same persons.
JOHN JOSEPH LAMBOURN . I am a journeyman turner, of Bell-cottage, Bell-alley, Goswell-street. I was passing the end of Whitecross-street, about 12 o'clock on this night, near the blank wall of the prison—I heard a disturbance, went up and saw the prosecutor on the ground, getting up, and three women going away; one of whom dropped something which sounded like a coin—I got a policeman and went after them—I found them opposite Moor-lane, about twenty or thirty yards from where I had seen the man on the ground, making their way back; one was on one side, and two on the other—when they saw the policeman they turned back; we overtook them—twopence and a glass dropped from one of them—I picked up three half-pence, and the policeman picked up the glass, which the prosecutor afterwards claimed.
and met the prisoners at the corner of Aldermanbury-postern, and took them into custody—they did not turn away from roe at all—Lambourn was with me—King dropped some halfpence and a glass from her right hand, between them, as they were arm in arm—they were coming away from the spot where it happened—Lambourn had ran forward and told me to stop them.
The prisoner's statements before the Magistrate were here read, as follows: King says, "The prosecutor wanted to take indecent liberties with me." Kelly says, "I saw the man on the ground and I went to pick him up."
King's Defence. The man came up to me in the street, and wanted to take indecent liberties with me; I pushed him down.
Kelly's Defence. I did not touch the man at all, I merely picked him up, and walked straight down Fore-street.
KELLY— GUILTY . Aged 17.— Confined Three Months.
KING— GUILTY . Aged 21.— Confined Six Months.
MR. PAYNE conducted the Prosecution.
JAMES HULL . I am potboy to Mr. Looby, who keeps the Nag's Head, is Houndsditch. On Wednesday night, 7th Sept., I left my place, at a quarter past 12 o'clock, and was going home—when I got outside my master's house I saw the prisoner and a gentleman together in the street, about two doors from my master's house—I saw her strike the gentleman in the pit of the stomach, and knock him backwards—he fell on the ground—I ran to his assistance, and picked up his hat—I then saw the prisoner with her band in his side pocket; she drew a pocket book from it—she put it under her arm, under her shawl—I was trying to assist the gentleman up; the prisoner was still standing there, but I thought I bad better not make any alarm for the police, or she might run away—as I was trying to help him up, I saw the policeman a little distance from me—as he came towards me, the prisoner turned round, and saw him coming, and threw the pocket book into the middle of the road—I saw that—the policeman picked it up, and took her into custody directly—she was quite close to the gentleman at the time she threw the pocket book away, and then the policeman took hold of her—the gentleman appeared to be very much in liquor—while the constable was holding the prisoner, she said to the gentleman, "Have I robbed you?"—he replied, "I do not know"—at the same time she dropped some silver from her right hand—I believe a gentleman who assisted me to pick up the prosecutor picked up a shilling, and the policeman picked some up—just as the police, man had the prisoner in custody, a young woman passed by, and the prisoner said that that young woman had given her the pocket book to throw away—that was not so; I saw the prisoner take it out, put it under her arm, and afterwards throw it away—the young woman did not have anything to do with it.
Cross-examined by MR. RIBTON. Q. The gentleman was very drunk, I believe? A. Yes; he was not able to stand—I had just come out of my master's house when I saw this; it was close to the pavement—I did not see two men and a woman there—I saw the woman while the policeman had the
prisoner in custody; I believe she had just come from towards Bishopsgate street; she came up, and stopped—the prisoner laid hold of her, and said she would not let her go; that she had given the pocket book to her to throw away—she was passing by when the prisoner laid hold of her—I did not see any men except the gentleman that assisted the prosecutor up—the policeman came up about two minutes after I saw the prisoner throw the pocket book away—I said to her, "Let the woman go; that woman is quite innocent of it"—the prisoner said she would not let her go; that she would see the gentleman righted—the woman got away from her—there was no light in front of the shop; it was quite dark—I was assisting the prosecutor up at the time I saw her take the pocket book; he was lying on the ground at the time—I mean to swear that I saw the prisoner strike the gentleman in the stomach—I could not exactly say what sort of blow it was; she struck him as I came out—he was not staggering at all—she struck him the moment I came out—I went up to him, and it was then that I saw her take the pocket book out.
MR. PAYNE. Q. Did you see Ellis there? A. Yes.
ABRAHAM DAVID ELLIS . I am a commission agent, and live in Bevis Marks, St. Mary Axe. I was passing through Houndsditch, about 10 minutes past 12 o'clock, on the night in question—I was walking on the side of Duke-street, which is on the opposite side to the Nag's Head, and I saw a man fall down, with his back towards the pavement—I crossed over to pick him up, and when I got there I saw the prisoner leaning over him, and rifling his pockets of the contents—from her manner, I was induced to believe that she was his wife—she said, "Do get up, George, because if the policeman comes and finds you here, you will be taken to the station, and fined 5l.;" and she asked some of the people who were passing to get him up—I was about going away, when the policeman came up and took bold of her—she then threw the pocket book which she had taken from the man's pocket into the road, and the money she let fail by her side—the policeman said to her, "Halloo! I have got you now," or something to that effect—the boy had picked the gentleman up the moment before the policeman came up—two or three of the leaves of the pocket book were scattered about—I helped the policeman to pick up the money; I believe I picked up a shilling and a sixpence, and two leaves of the pocket book—I did not assist at all in picking up the gentleman—while the policeman had hold of the prisoner, she pointed to a woman who was standing in the road, and said, "I hare not done the robbery; that is the woman standing there"—that woman had not taken any part in it, or gone near the gentleman—she was about two yards away from him all the time—she had not taken anything from his pocket; she was in the road, and the prisoner was on the pavement—I saw the book taken from the pocket distinctly—the other woman had no more part in it than I had.
Cross-examined. Q. Had the gentleman got up when you crossed the road? A. The boy was helping him up as I crossed over—the other woman was standing in the road when I got over—I say positively that I saw the prisoner take the pocket book out of the gentleman's pocket—I have not the least doubt about it.
COURT. Q. Was that during the time the boy was helping him up? A. It all happened in less than a minute—when I crossed the road, she was taking the things out of his pocket; the boy was helping him up at the same time—it was all done in the boy's presence—he had got up before me.
SAMUEL OBEE (City-policeman, 649). About five minutes past 12 o'clock, on the night of 7th September, I saw the prosecutor in Churchpassage, Houndsditch—he was lying down on the pavement; the prisoner
was with him, and when I got up to them she said, "Assist me up with him, for 1 cannot get him home; he is very obstinate, and he won't come along; be has been drinking; I have been to the Bank with him, he has been patting in 100l. to-day"—with the assistance of another officer, I picked him up, and said, "Will you walk home?" the prisoner answered and said, "Will you go home to Jane, or will you go to the station house with the policeman?"—he said "I will go home"—I asked her whether she knew him; she said "Yes; he married my sister"—she said to him, "Come along, Jane will be in a dreadful way when you get home"—I said to him, "Can you walk?" he said "Oh, yes, I can walk"—she laid hold of his arm, and said, "Come along," and they walked away together; this was about 150 or 200 yards from where they were afterwards found—I afterwards followed them into Houndsditch, and saw them there, and two or three more round them; I went up to them, and saw the prisoner throw a book down on the pavement or into the road—I picked it up, and directly laid hold of the prisoner—after she bad thrown the book away, she pushed towards the gentleman, and said "Have I robbed you?" he said "I don't know"—the potboy and Ellis were both there at that time—I said to the prisoner "I thought you told me that you knew him?"—she said "Well, I know him by sight; I have not robbed him"—I picked up 2s., and some other persons helped to pick some up; that money had come from the prisoner's right hand—she rushed against the prosecutor, and I saw her hand go down, and directly beard the money on the pavement; I picked it up at that place, there was 3d. 6d. altogether; I produce it, and also half a sovereign which dropped from her while taking the charge at the station—as we were going to the station she screamed out "Murder!" and said "These be Jew boys have been and robbed him, and now want to lay it to me"—she was very violent; there was a woman standing by, and the prisoner said that that woman had taken the pocket book—I did not see that woman do anything—while she was at the station, she put her hand into her pocket, and the half sovereign dropped from her—she put some money into a purse while the charge was being taken; it contained 3d. 10 1/2 d.
Cross-examined. Q. Where was the other woman when you came up? A. On the pavement—she was not close to the prosecutor, but two, three, or four yards from him—the prisoner was about a yard closer to him—the other woman said she knew nothing about it—several persons came up afterwards—I did not see the prisoner take the pocket book out of the pocket; I saw her throw it into the road—the potboy and Ellis were there before me.
COURT. Q. When you came up and took hold of her, did you say anything? A. I asked her what that meant—I did not say, "Now I have got you"—from what the potboy told me I took her to the station directly.
EDWARD HOWELL . I am a retired publican, and live at No. 35, Cowperstreet, City-road. I remember seeing the prisoner on this Wednesday—I did not marry her sister—she is no relation or acquaintance of mine—I never saw her before the night of 7th September—I then saw her in Bishopsgate-street—I had been making rather free with a few friends, and was the worse for liquor—I do not recollect what occurred when the prisoner met me—I had a memorandum-book with me—the one produced is it—I had a half sovereign, and from 5d. to 6d. in silver, in a bag in my trowsers pocket—I had another bag, with nothing in it—I do not know what became of my money; it went, the empty bags were left—I did not give any money to the prisoner—I did not go anywhere with her that I am aware of—when I was in Houndsditch I remember receiving a thrust in the pit of the stomach, which knocked me down,
and I came with my head on the pavement—the prisoner gave me the thrust my head was cut very severely, and I was obliged to go to the hospital to get it strapped up; I lost a deal of blood—I remember nothing else.
Cross-examined. Q. What distance was it from where you first met the prisoner to where you fell down and cut your head? A. I cannot say exactly; I should think somewhere about 200 yards—I do not exactly recollect anything that transpired—I do not suppose she was leaning on my arm; I do not remember anything of the sort, she may have been—I remember walking very well from the Borough, and remember every turn till I got into Bishops gate-street, and then what I had taken seemed to take a curious effect upon me, and I forgot all about everything—I swear positively that the prisoner gave me either a blow or a thrust—I expect she was trying for my watch, for my ribbon was broken, and two buttons were torn off my waistcoat—the watch was left in my pocket, but the ribbon, which was a very strong one, had given way—it was fastened to the two buttons—the blow did not injure my stomach, the only effect of it was to throw me down.
GUILTY of robbery without violence. Aged 26.— Confined Twelve Months .
JEAN EVERARD . I am a Frenchman, and am a cutler and surgical instrument maker, near Middlesex Hospital. The prisoner was in my employ in July—he left on Tuesday, 30th August, merely on my representing to him that he had left his lodging on Saturday without notice, and he said he would not allow me to interfere with his private business—in the meantime I misted two drawing plates for drawing silver tubes; one of them was worth 5l., and the other 5d. or 6d.—these are them (produced)—the prisoner was employed in polishing and roughing some work—he would not know the value of them—I never authorised him to take them away.
FREDERICK SARSON . I am assistant to James Thomas Hall, a pawnbroker. I produce a draw plate, pledged on 30th August by the prisoner for 1s., in the name of John Jordan—I did not know the value of it, and refused it at first—I produce the ticket.
ALFRED ROBERT WOOD . I am the son of Eleanor Wood, a pawnbroker, of High-street, St. Luke's. I produce a draw plate pledged in the name of John Jordan, on the 24th Aug. by the prisoner I believe, but I cannot say for certain—I advanced 1s. 6d. on it.
Prisoner's Defence. I asked the prosecutor for a little money that morning, and he had not got it, so that I took the liberty of taking the first plate to get what I required for breakfast; on the second occasion I was away in the morning; when I came in he was displeased with me, and I did not like to ask him for a shilling, and I took another plate with the intention of getting the two on the next morning; I had no idea of making away with them.
COURT to MR. EVERARD. Q. What wages had he? A. He was working by piece-work, he could earn from 24d. to 30d. if he worked regularly—I believe he has been ill.
GUILTY . Aged 50.—Recommended to mercy by the Jury,— Confined Three
BUSHIE pleaded GUILTY . **— Four Years of Penal Servitude.
MR. COOPER conducted the Prosecution.
GEORGE SCOTT (City policeman, 8). On 29th Aug., about 8 o'clock in the afternoon I was on duty at London Bridge wharf, and saw Mrs. Kircher come from a steam boat on to a lighter, carrying a bam) box in her hand—I saw the prisoner Bushie put his hand into her pocket—I saw the other prisoners—I saw them all three standing talking together for two or three minutes before, and when Bushie left to go to the lady, one on each side closed on to Bushie so as to take off the attention of any one behind—I was in front—I saw Bushie put his left hand into the prosecutrix's dress, and take it out again—I laid hold of his hand, and asked him what be had there—he made no reply—I opened his hand, and took this purse out of it—I then told the prosecutrix—I had first seen the prisoners about five minutes before, when I was on the Hull boat—Mrs. Kircher came from a Gravesend boat, the passengers from that boat had to pass over the Hull boat—the lighter was outside the Hull boat, and the Gravesend passengers had to cross over the lighter—when I first saw Bushie and Nicholls, they went across the Hull boat on to the lighter—I saw Nicholls go and feel a lady's dress in front, the lady was with a gentleman—Nicholls left, and then Bushie went and felt her—I saw them leave in a hurried manner, and go to Pickett—that was the first time I saw Pickett—he was about two paces from them, on the same lighter—I then saw them all return, Bushie and Nicholls went and stood in front of the lady and gentleman with their hands behind them, Pickett went before the lady and gentleman pressing before some more passengers that were waiting to go on board the boat—there were about fifteen or sixteen persons on the lighter at that time, or there might have been twenty—the lady and gentleman moved away in consequence of being pressed, and then the prisoners went to the prosecutrix in the way I have described—when I took Bushie into custody, Pickett went on one side of the lighter and Nicholls the other, but I pushed them into the gangway, they could not get off—I knew them all.
Cross-examined by MR. BALLANTINE. Q. There was some confusion and crowd was there not? A. There was, more than usual, because this is a boat that comes up and lands her passengers and takes others to return; I am a detective officer—I do not know whether Pickett knows me—I was standing as near to the prisoners as I am to his Lordship, Pickett must have seen me—the first lady did not make any complaint to me about being pressed upon—Pickett did nothing to the prosecutrix except closing upon Bushie when he did it, he closed upon him—he got as close to him as he could, so as to prevent any one from behind seeing what Bushie was doing—i saw him, because I was in front.
Cross-examined by MR. RIBTON. Q. Where was Nicholls at that time? A. He was also behind Bushie—one was on the right side of him, and one on the left—there were other persons both on the right and left of the lady—there was no one between me and the lady—the gangway was clear—she was just coming on to the gangway from the lightershe was about the first of the passengers to land—there were many after her—they were letting them out as fast as they could take their tickets—I bad never seen Nicholls speaking to Bushie before that day—I saw them all three in conversation that day—I did not hear what they said, but I saw them all standing together, in conversation—they were standing as people do in conversation;
not with the rest of the crowd, away from the crowd—I swear they were talking together, because I saw the motion of their mouths—I have been a detective officer twelve years—I am not paid anything additional for these cases—I have had a great many of these sort of cases.
MR. COOPER. Q. What was in the purse? A. 19d. 6d.
COURT. Q. Where was it that you saw them all three in conversation? A. On the lighter—the mooring rope had not been made fast a minute when this happened—they were on the lighter before the Gravesend boat came alongside—I am quite sure they did not come out of the Gravesend boat—I saw the attempt on the first lady before the Gravesend boat came up—I should say Mrs. Kircher was the first lady that came up the gang way, and they followed directly afterwards—there were a good many persons on board—there was only room for one at a time at the gangway.
MARY ANN KIRCHER . I am a widow, living at Otterden, in Kent. On 29th Aug. I came up in a Gravesend boat, and landed at London-bridge—I had a bandbox with me—I bad a purse, containing 19d. 6d. and an envelope, in my dress pocket, on my right side—I was shown the purse by Scott—this is it—I am quite sure of it.
PICKETT and NICHOLLS— NOT GUILTY .
FREDERICK BACHELOR (City policeman, 441). On Wednesday night, 7th Sept., about a quarter to 7 o'clock, I was watching an unoccupied house in Cheapside, which was to let—I saw the prisoners enter the house—in about a quarter of an hour Scott came outside, and shut up the shutters, and left Rolfe in the house—he went to Mr. Debenham's, the auctioneer, in Cheapside, and took the key there; it was about 100 yards off—the woman did not come out, but she let him out, and let him in again when be returned—he remained in till 25 minutes to 8 o'clock—he then came out with this lead (produced) on his shoulder—it was tied up in a red handker-chief, and in this blue bag—the woman came out about a second or so after him, and closed the door after her—they went up Freeman's-court, into Honey-lane Market—I followed them—the man waited till the woman came up to him—I then took them both into custody—I asked him what he had on his shoulder—he said, "Some lead"—I said, That is just what I want you for; you must go to the station with me"—I took them there—he said be knew nothing of the female; that he had met her promiscuously at the corner of Lawrence-lane, and merely asked her to mind the house while he went with the key, and that he gave her some beer for so doing—he said he thought the dustmen were about to have the lead, and he thought he had as much right to it as they had, or something to that effect—there were 33lbs. of it—they both gave false addresses—Scott gave his as No. 10l., High-street, Hoxton Old-town—I inquired there, and they said they had left, and they did not know anything of them; they had been living there, but had left about a twelvemonth—the woman gave her address where her husband was lodging, in Lamb's-passage, Chiswell-street.
FRANK GISSINGHAM DEBENHAM . I am an auctioneer, of Cheapside. Scott was employed by me to take down the shop shutters at No. 19, Cheapside, and keep the windows clean—that house and shop were to letin consequence of information, I examined the house on a Wednesday afternoon, between 3 and 4 o'clock, and found the lead pipe in the cellar
removed, and hanging on a hook on the wall—I informed the police—this lead produced appears the same, only it has been cut into short lengths—it had been fixed to the building—it had evidently been cut the day before, as on the following day the water came out.
Scott. Q. Did not you engage me to clean out the premises? A. No; I did not tell my brother so—I gave you half a crown to keep the windows clean only; but I went one afternoon, and found you sweeping out the shop; I asked you why it was, and you said you had nothing else to do.
COURT. Q. Did you authorise him to carry away the lead pipe? A. No.
Scott's Defence. I took the pipe with a perfect knowledge that I was not committing any offence; I was not going to convert it to my own use with out the sanction of my employers; I am a married man, this is not my wife.
SCOTT— GUILTY . Aged 26.
ROLFE— GUILTY . Aged 28.
Confined Three Months.
MR. CLARKSON conducted the Prosecution.
HENRY BALL . I am a printer, of No. 21, Bread-street Hill. The prisoner lived in the same house as me, and slept on the same floor, but not in the same room—on 16th Aug., between 11 and 12 o'clock at night, I missed a coat from a box in my room—I had seen it safe that morning—my box was Dot locked—this is the coat (produced)—it is worth 25d.
Cross-examined by MR. RIBTON. Q. You have known the prisoner some time, as a fellow apprentice? A. Yes; there is a room between his room sod mine—we have not been regularly in the habit of going into each other's rooms—we were not very intimate; we dined together, and so forth—we breakfasted together sometimes—if I required to go into his room I should have gone, and he into mine—I never lent him a coat; I lent him a pair of trowsers once, which he returned—I missed the coat on Tuesday, and it was shown to me by the pawnbroker on the following Thursday.
MR. CLARKSON. Q. Did you authorise him to take this coat? A. No.
JOHN BRISTOW . I am assistant to Mr. Dickers, a pawnbroker, of the New Cut, This coat was pledged there on 17th Aug., by a female, for 10d.—Luck, the officer, afterwards brought the duplicate to me; this is it (produced)—it is the one which I gave to the person who pledged the coat.
WILLIAM LUCK (City policeman, 430). On Wednesday, 17th Aug., a few minutes past 11 o'clock at night, I went to Mr. Allen's, No. 21, Bread-street Hill, and saw the prisoner there in bed asleep—I awoke him, and told him he was charged with stealing a coat—he asked Mr. Allen, who stood by my side, whether he wished to transport him—i found five duplicates in his fob, one of which was the one produced relating to the coat—he then pot his trowsers on; they were the same which he wore when before the Magistrate.
Cross-examined. Q. Who is Mr. Allen? A. I believe he is the person to whom the prisoner is apprenticed—I did not see Ball that night.
MR. RIBTON, in addressing the Jury, submitted that if they were of opinion that at the time the prisoner pledged the coat he entertained any intention of redeeming it, they ought not to find him guilty. The RECORDER having expressed his dissent, MR. RIBTON proceeded to argue the question, as he was not aware that there had been any decision of the Judges on the point; he referred to an ancient definition of larceny, and contended that any intention of restoring the property, or even the most visionary hope of being able to do to, was inconsistent with the animus furandi necessary to constitute a felonious taking; if the prisoner, instead of pledging the coat, had merely worn it, the prosecutor would have been equally deprived of his property for the time, although under such circumstances no Jury would convict. MR. CLARKSON called the attention of the Court to a decision of Mr. Baron Gurney, in the case of Reg. v. Phetheon, 9 Car and Payne, 552. MR. RIBTON referred to Rex. v. Phillips. 2 East, p. 662. The RECORDER, in leaving the case to the Jury, expressed his concurrence with the opinion of Mr. Baron Gurney; the question was whether at the time the property was taken, it was taken for the benefit of the party taking it, and against the will and without the consent of the owner; if the prisoner had both the intention and the power of restoring it, it would be no felony; but it was for them to say whether by pledging it, he did not, in a great measure, put it out of his power to restore it; it was for them to say whether the prisoner took the coat against the will of the owner, intending to deprive him of it for his own benefit.
GUILTY . Aged 23.—Recommended to mercy by the Jury.— Confined Three Months.
GUILTY . Aged 43.— Confined Two Months.
NEW COURT—Tuesday, September 20th 1853.
PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. MUGGERIDGE; and Mr.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 33.— Confined One Year.
GUILTY . Aged 20.— Confined Six Months.
GUILTY . * Aged 29.— Confined One Year.
GUILTY . Aged 21. — Confined Six Months.
GUILTY . Aged 39.— Confined One Year.
GUILTY .— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
SARAH ANN KININGALE . I am the niece of Mrs. Gad, who keeps a shop at Tottenham. On Monday, 29th Aug., the prisoner came, about 5 o'clock in the afternoon; she wanted some scarlet Berlin wool—I served her—it came to 6d.; she paid me a 5d.-piece—I took it as good, and gave her change—I put the 5d. piece in the till—there was other silver there, but no other 5d.-piece—Mrs. Gad looked in the till about five or ten minutes afterwards, in consequence of something that was said to her—no one had been to the till in the meantime.
SARAH GAD . I am the wife of Henry Gad; I keep a shop at Tottenham. I remember the day on which the prisoner came to the shop—in consequence of something that was told me, I looked at the till between 5 and 6 o'clock hi the evening; I found one 5d.-piece in it, and only one—I put it in the detector, and bent it—I found an officer, and gave it him.
ARNEY FRANK BENWELL . I am shopboy to Edmund Reynolds, a baker, at Tottenham. On 29th Aug. the prisoner came, about half past 5 o'clock in the evening, for two penny buns—I served her—she gave me in payment a half crown—my master came, and took the half crown out of my hand—I am sure that the one he took was the one the prisoner gave me.
Prisoner. You did not touch it; it was a strange man took it up. Witness. There was a gentleman there, he took it up, but it was not out of my sight—he gave it to my master.
COURT. Q. How did the gentleman come by it? A. He was in the shop—the prisoner put it on the counter, and I looked at it—the gentleman took it, and gave it my roaster.
EDMUND REYNOLDS . I got a half crown on the 29th of Aug., from Benwell—there was a strange gentleman sitting there, but the lad gave me the half crown; and he told me, in the prisoner's hearing, that he got it from the prisoner, and he said it was bad—the prisoner said she was not aware of it, and it was given her the evening before by a gentleman—I kept her for half in hour, and no one came—just as she was going out the policeman came, and I gave the half crown to him.
Prisoner. It was the gentleman who gave it you; the boy never touched it at all. Witness. No, the boy gave it to me.
JAMES HOCKING (policeman, N 181). 1 apprehended the prisoner on 30th Aug.; I found her in the Strand—I had seen her at Mr. Reynolds' on the 29th—I received this crown from Mrs. Gad, and this half crown from Mr. Reynolds—I told the prisoner the charge was for uttering a half crown and a 5d.-piece the day previous—she made no answer at first, but at last she said she owned to passing the counterfeit coins, and she must suffer for it.
Prisoner. 1 did not say such a word; I said I was very sorry—I did not know it was bad.
Prisoner's Defence. On the Sunday night I met a gentleman who gave the crown to me; I did not know it was bad; the half crown I gave at the baker's was the one they gave me at the Berlin wool shop.
GUILTY . Aged 23.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
Aug. the prisoner came about 5 o'clock in the evening, and asked for a cncumber—it came to 4d., she gave me a half crown—I took it up stairs and showed it to my wife—she brought it down, and said it was a bad one—I went and fetched an officer.
MARY ANN LILLEY . I am the wife of the last witness—I know the prisoner; I have seen her in the early part of Aug., she came for a cucumber—that was near a fortnight before she came the last time—she then gave me a half crown, I examined it; it was bad—I told her so—she said she would go and change it at the baker's—she went, and did not return—on 23rd Aug. my husband brought me a half crown—I took it down and saw the prisoner in the shop—I said to her, "You are the lady that was here before; I shall not let you go away"—she said a gentleman gave her the half Crown in the Strand, and she did not know it was bad.
Prisoner. I bad not been in your shop for several years; I gave your husband the half crown; it passed through several hands. Witness. My son was in the shop, but the half crown was in my hand the whole time—I am certain the prisoner is the person who came before.
JACOB THATCHER (policeman, F 155). The prisoner was given into my custody on 23rd Aug., by the last witness—the prisoner told me she did not know it was a bad half crown, that she had taken it of a gentleman who gave her three half crowns to go in a brothel in Exeter-street—I went with her to No. 34 there, the house she pointed out, and they told me there in her presence that she had not been there at any time—the prisoner made several excuses, and said she had been there—I then took her to the station—I produce two half crowns, one I got from the last witness—the female searcher found the other on the prisoner.
Prisoner. Q. Who gave you the half crown, when you came to Mr. Lilley's shop? A. Mr. Lilley gave it me; I went into a public house with it, because Mr. Lilley did not know it was bad himself—I gave it to the landlord, and he gave it me again—he did not turn round and reach to a shelf behind him—the half crown was not out of my sight at all.
HANNAH GREEN . I searched the prisoner on 23rd Aug.; I found in her basket a half crown—there was a cucumber and some other things in the basket, and at the bottom was this half crown, wrapped in paper—I found on her 5d. 10d. in good money.
GUILTY . Aged 29.— Confined One Year.
MESSRS. BODKIN and POLAND conducted the Prosecution.
GEORGE HART . I am shopman to Mrs. Richardson, who keeps a chandler's shop. I remember the prisoner coming on 23rd Aug., about a quarter past 10 o'clock at night; another man was with him—the other roan asked for a quarter of an ounce of tobacco, and he paid for it in good money—while I was serving him, the prisoner urged me to serve him, and said, "Make haste, I can't stop"—I asked him what he wanted; he said half an ounce of tobacco—I served him—it came to 1 1/2 d.—he gave me a 5d.-piece—I did not like the look of it—I went to the publican opposite, and showed it him; he said it was bad—it was not out of my sight—he examined it, and returned it to me—I took it back, and gave it to Mrs. Richardson—the prisoner was there—I told her it was bad, and the prisoner ran out of the door immediately;
but I should have told you, that when he gave me this crown piece, I asked if he had any other change—he said he had not.
Prisoner. Q. Did you see me in company with this other man? A. You came in together, and you spoke to one another at the door; what you said, I do not know—the other man gave me a good sixpence.
ANN RICHARDSON . I keep a chandler's shop, in Boswell-court. This last witness is in my service—he gave me a crown piece, and told me it was bad—the prisoner was there at the time, and heard it—I went to the door and looked for a policeman; there was one outside—I called him—the prisoner ran out of the shop, and tried to knock the crown out of my hand—he struck me on the wrist as I was showing it to the policeman, but the policeman had too tight hold of it—he went after the prisoner, and brought him back in a few minutes.
Prisoner. Q. Did I run ten yards? A. Yes; more than that.
THOMAS LILLY (police sergeant, F 33). I was near Mrs. Richardson's shop, on 23rd Aug. I saw the prisoner run by when I was standing there—as soon as Mrs. Richardson said he passed a bad crown, I followed him—I told him he was charged with passing a bad crown piece, and he must go to the station—he said he should do no such thing, he should not go—he resisted—he went with me to Mrs. Richardson's, and he wanted the crown from her, and struck at her, but I kept him back—I had to get another officer to get him to the station—I found on him a half crown, one shilling, two sixpences, and 4 1/4 d. in copper, all good money—I received this bad crown piece from Mrs. Richardson—the prisoner stated his name was Williams, but be gave no address—after that, he stated his name to be Burrows.
Prisoner's Defence. I was working down at Blackwall, and on the 20th August I got the sack there; I came on the morning of the 23rd to Mr. Rigby's work, in Drury-lane, where they are making a new sewer; the gentleman said he could not put me on till the next morning; I went off, and I had a half sovereign and 7d. in my pocket; I and some more went drinking all day; I spent the 7s., and had only the half sovereign left; I then went for a pint of beer, and gave the woman the half sovereign; she said she had not got change; a man who was there gave me change in a crown and some small silver; I went to this house and called for half an ounce of tobacco; I said I was in a hurry, because a boy was outside with my shovel and bottle, waiting to show me to a lodging; I asked where the man was gone; they said he was gone to get change; I came to the door, and saw the boy with the shovel and bottle eight or ten yards off; I went to him and the policeman seized me, and said I passed a bad crown; I said, "No;" the woman came up and said I had passed a bad crown; I said, "Give it to me, I can go back to the public house with it;" the policeman took me and locked me up; she came the next day and said that I gave a bad crown to the man, and he went to get change; on the 30th the man came; he had not been up before; and he said I came for half an ounce of tobacco, and gave him the crown piece, and he took it to the public house to get change; how can I tell whether it was the crown I gave? the policeman would not give me the chance of going to the public house, or I might have got the woman and the man who gave it me; I will go now with the policeman and find the place; I work hard for my living; I have lost my shovel, which cost me 2d.; and my bottle, which cost me 9d.
to take him there—he said not a word—I found 4 1/2 d. in coppers on him; he was slightly intoxicated, but he knew what he was about.
GUILTY . Aged 43.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JOHN BIRCH . I keep the North Star, at North Hyde. I knew both the prisoners—on 13th Aug. Kingsbury came to my house, between 7 and 8 o'clock in the evening—he asked for a pint of beer—I served him—he gave me half a crown—I put it to my mouth, and said, "This is a bad one"—I asked if he had any other money—he said he had not—I asked where he worked—he said, at Mr. Westerfield's—I bit the half-crown, and made a mark on the edge of it—I returned it to him—I saw the half-crown again at Brentford—this is it.
ELIZABETH LANGLEY . I am the wife of William Langley; be keeps a beer house, at Heston-lane, about three quarters of a mile from North Hyde. On 13th Aug. the two prisoners came to my house—I did not see them come in—they appeared to be in company—it was late in the evening—it might be 9 or 10 o'clock—Kingsbury came to the bar door, and asked for a pint of beer—he paid me a half-crown—I looked at it—there was a woman there whom I knew; I asked her about it, and she said she thought it rang well—that was in the hearing of Kingsbury—I gave him change for it, and put it into the till—there was no other half-crown there—in about ten minutes both the prisoners came from the taproom, and one of them, I could not say which, asked for another pint of beer, and put down a shilling—I said it looked very dark, but I took it, and put it into the till, where there were other shillings—the prisoners then went away together—soon after they left, the policeman made a communication to me, and I looked into the till—I there found only one half-crown, and on looking at it I found it was bad—I also found there one bad shilling—I gave the bad shilling and the half-crown to the policeman—I had marked them first—the policeman gave them back to me, and I handed them to another constable, named Byden.
WILLIAM BROWN (policeman, T 172). I went to Mrs. Langley's beer house on 13th Aug., about half-past 10 o'clock—I made a communication to her, and she gave me this half-crown and this shilling—I put them into my pocket, and went after the prisoners—I did not find them—I returned Mrs. Langley the same shilling and half-crown.
JAMES TILDESLEY . My father resides at North Hyde. On 13th Aug. Kingsbury came for a pint of beer—I drew it—he paid me with a half-crown—I gave him change, and he went away—I afterwards received information, and looked at the half-crown—it was a bad one—it had been in the mean time in the till—there was no other half-crown there—it is now mislaid—lam sure it was bad—I bit it with my teeth.
WILLIAM TULL . I keep the Stag and Hounds beer house, at Cranford. On 22nd Aug. I saw both the prisoners—Kingsbury came first to my house, for half a pint of beer—he gave me a bad shilling; I gave it him back, and told him it was bad—he put it into his pocket, and gave me a good one—he went out—I followed him, and saw him join Carter, who was about 120 yards off—they walked together about 100 yards, towards Cranford-bridge—Kingsbury went on to the Stag and Hounds—Carter stood back, by the edge of the footpath—he stepped into a gateway when he saw the police coming—the police took Kingsbury, and Carter decamped off.
Carter. Q. Did you hear any conversation between us, or see anything pass between us? A. No; you stood in the gateway, leaning against a post there.
GEORGE BYDEN (policeman, T 59). On 22nd Aug. I received information; I went after Kingsbury—I saw Carter leaning against the gateway, but I did not know he had been with Kingsbury—I went and found Kingsbury, facing the Stag and Hounds—Carter saw me apprehend Kingsbury, and Carter ran away—I got this half crown and shilling—I went to the station, the prisoners were there in separate cells—Carter called to Kingsbury, and said, "Bob, come to the little door"—Carter then said, "How many times did you offer that piece; did you twice?"—Kingsbury replied, "No; only once"—and he said, "They can do nothing with us, we shall be turned up on Saturday"—Kingsbury then asked Carter if he had any money with him—he said, "Yes, a shilling, some sixpences and threepenny pieces"—that they were in the office, and he said he need not be afraid, they were all good—Carter then asked Kingsbury what he did with the bad money he had with him—he said, I lost two that I had wrapped up in a piece of paper, and I threw the other seven down at the house where 1 inquired for a water-closet"—Carter then said, "I lost two, I had nineteen, but could only find seventeen"—Kingsbury then asked Carter where he lodged last night—Carter said, At the lower end of the town"—Kingsbury said, "Hounslow?" and Carter replied, "Yes,"—Kingsbury said to Carter, "They will be sure to know you by your ear rings"—Carter replied, "I took them out, but they found them on me"—he then said to Kingsbury, "Hold your tongue, they are listening"—I went to look for the bad money that they said they had thrown away; I could not find it.
Kingsbury's Defence. I bad met with an accident, and had my arm in a sling at the latter end of July; it was not taken out of the sling till 20th Aug.—I went down the road to see a friend; I asked my way several times, and went into one or two public houses; I went into the Stag and Hounds—I could not see my friend, and I came out; I had not been down that road for two years before; they brought these things against me fifteen days afterwards.
Carter's Defence. I always got my living by bard work; I had a misfortune last summer, and was hard up for five months—I went to look for a lighter sort of employ; I was sitting down to rest my feet in the lane, and this young man came and asked me to direct him to Egham; I went up as far as the top of the lane with him, and directed him the nearest road; I left him and came back to Brentford; I slept there, and the next morning I met this prisoner handcuffed with the policeman, I went up and said, "What have you been doing?"—the policeman said, "I want you too," and he took and handcuffed me together with him—the policeman knows me, and Mrs. Langley's husband, and Mr. Birch, and if any of them can say anything against me let them speak; I wish to call them.
GEORGE BYDEN re-examined. I have known the prisoner some time—I have not known anything against him—he used to work in the brick fields—he told me that he had not done any work since he was in the brick fields—I do not know how he gets his living.
KINGSBURY— GUILTY . Aged 28.
CARTER— GUILTY . Aged 21
Confined One Year.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
MARY ANN BOUNDY . I am the daughter of James Boundy, who keeps the Sun and Apple-tree, in White Hart-court, Drury-lane. The prisoner came to our house on the afternoon of 20th Aug., between 3 and 4 o'clock—he asked for 1d. worth of gin—I served him—he paid me with a shilling—I did not know whether it was good; I took it, and put it into the till—I gave him change—I am quite sure there was no other shilling in the till—in a few minutes my mother went to the till—I saw her take out the only shilling that was in it, and on examining it it turned out to be bad.
Cross-examined by MR. GEARY. Q. Had you ever seen the prisoner before? A. No; I saw him again when he came, about an hour afterwards; I am quite certain he is the same person—I did not say to my mother that I was not certain it was the same person—I knew it was—I said I thought it was the same person; I knew it was the same person—I did not like exactly to say so, but I knew it was—I saw him afterwards at the bar—I did not speak to him when he came in afterwards.
HANNAH BOUNDY . I am the mother of the last witness. I saw the prisoner when he applied to me for some gin on that day—I saw him before, when my daughter served him—I am certain he is the same man—I saw him leave the house after my daughter served him—shortly before that I had been to the till, and taken out the silver—I had cleared the till just before he came in—after he left I went to the till, and found in it one shilling, which turned out to be counterfeit, and no other shilling—within an hour the prisoner came again, and asked for a 1d. worth of gin—I served him—he tendered me a shilling—I detected it to be bad—I said to him. "This is the second you have offered here to-day"—he said he had not been in the house that day—my husband was near, and I threw the shilling on the counter for my husband to look at it—the prisoner snatched it up, put it in his mouth, and pretended to bite it—I do not know what became of it—I had ascertained it was bad by putting, it in the detector; I bent it considerably, and nearly broke it—an officer was brought in—the prisoner then produced a shilling, as the one he had offered to me, and that was a good one—I looked at it—it was not the shilling which I had previously tried and bent—I told the prisoner that could not be the shilling—this is the one that he produced (looking at it), but it is not the one that he offered first; it cannot be, I am certain of it—I gave the shilling that he had passed to my daughter to the constable.
Cross-examined. Q. You saw the prisoner when he first came in? A. Yes, I was in the bar—he was there about a minute—I saw him in the bar and when he was going out—I did not tell my daughter I only knew him by the back—I told her my back was towards him, but I saw him in the glass, and when he went out I was looking at him, and I saw his backwhen he came in and tendered me a bad shilling I was certain he was the person who had come in before—he said he had not been in before—I bent the shilling he gave me, and nearly broke it—he put it into his mouth; I should not like to say he did swallow it; I could not say he did not bite it; I do not believe he did—he produced another shilling, which he said was the
one he offered, but it was not—I examined it, and told him it was not the shilling—I knew the shilling that I had bent could not he made flat again; I am certain of that—my husband called in the policeman, and the prisoner showed a good shilling, and said that was the one he had tendered.
MR. BODKIN. Q. Are you certain that the shilling he produced last was not the one that you bent and returned to him? A. Yes.
THOMAS STAMFORD (police sergeant, F 20). I went to the Sun and Apple-tree on Saturday afternoon, 20th Aug.—the prisoner was given into my custody for passing a bad shilling—he gave me a shilling out of his hand, and asked me if that was a bad one—I told him no, it was not—this is it (producing it), I received this other shilling from Mrs. Boundy.
Cross-examined. Q. When you went in, the prisoner gave you this shilling, and said it was the one that she charged him with uttering? A. Yes; he did not say anything about being in the house before.
MR. GEART called
MRS. ROBINSON. I am married; I live in George-street, Buckingham-street, Strand. I remember Saturday, the 20th Aug.—the prisoner came to my house and took tea with me—he was there from 3 o'clock till a quarter before 5 o'clock.
Cross-examined by MR. BODKIN. Q. What is your husband? A. A porter, in Hungerford-market; he was at home that afternoon—he is now at work—he thought he had no occasion to come here—I do not keep this house; I have the first floor—I have known the prisoner about twelve months—he was not in the habit of coming to my house—I was passing the Temple that day, and saw him rather in liquor, and, knowing him, I persuaded him to come to my house, and I gave him tea—I know him as a drover in Smithfield—he was not an acquaintance of my husband's—my husband has seen him now and then—we drank tea at 4 o'clock—my husband was not there all the time—he came in at a quarter past 3 o'clock—he then went away, and left the prisoner there till he came in to tea, at 4 o'clock—my husband saw he was tipsy, and left him with me—he was not very tipsy, but anybody could see he was tipsy—I noticed it as I was passing him, and I persuaded him to come home with me—I had seen him tipsy before—I swear he was taken by me from the Temple about 3 o'clock, and remained in my place till a quarter to 5 o'clock—he left my place to go home—he lives in a second floor, in Newport-market—he is married—I know his wife—I swear he was at my place from 3 o'clock that day till a quarter before 5 o'clock—I could walk from my place to White Hart-street in a quarter of an hour—the prisoner's wife came last Thursday to tell me of this, and I said he was with me till a quarter to 5 o'clock that day; he did not leave my place at all till a quarter to 5 o'clock—that I am quite certain of.
MR. BODKIN to THOMAS STANFORD. Q. Did you see the prisoner on the Saturday that this occurred? A. Yes; I saw him in Clare-market, at a quarter or 10 minutes before 4 o'clock—I did not know him before—I had seen him, and knew him by sight—I am sure he is the same man—he was standing at the corner of Clare-street, talking to a man in the fruit shop—I spoke to the prisoner, and told him he had better go home, and he went away; and the same day I took him into custody—he was not sober—he appeared to have been drinking, but he knew what he was about—I told the prisoner at the station that I saw him in Clare-market—he said, "Yes, I remember you did."
Cross-examined by MR. GEARY. Q. What time did you see him? A. At a quarter or 10 minutes to 4 o'clock—I looked at my watch in a few minutes afterwards, as I was going up Clare-street—I was on duty—the prisoner was partially intoxicated.
GUILTY . Aged 23.— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
WILLIAM STEVENS . I am a draper; I live near Golden-square. The prisoner came to my shop on 26th Aug.—I served her with an article, which came to 5 1/2 d.—she gave me a half crown—I saw it to be bad—I told her so, and that it was not the first time she had been to my shop—(she was there on the Saturday before, and my boy had attended to her)—I insisted on being paid with good money—I took the scissors, and cut notches in the half crown—she paid me a 4d. piece and a penny—this is the half-crown she gave Me.
Prisoner. I never was in the shop before. Witness. I am confident you were.
JOHN BAKER (policeman, C 108). The prisoner was given into my custody—I took her to the station—as we were going there we passed near an area, and I heard a half crown drop—it did not go down the area, but glanced on the pavement—I took it up, and told the prisoner she had dropped a half crown—she said it was spite made her drop it—she said she lived at No. 55, King-street, Long-acre—I went there, but could not find she had lived there—I went to another house, No. 53, and was pointed to a back parlour—I searched it, and found another half crown between the two beds—I got into the room by a key which was found on the prisoner at the station—the key of the room door and the key of the street door were both found on the prisoner—this is the calico she went to purchase—this is the half crown she offered, and this is the one she dropped.
COURT. Q. Who found the key of the room on the prisoner? A. The female searcher; she is not here.
MARY MILLS . I live at 53, King-street, Long-acre; my husband it a shoemaker. The prisoner was lodging in my house on 26th Aug.—she had been there five weeks—on 27th Aug. the last witness came—I saw him open the prisoner's room door with a key he brought with him—I saw him search the room, and find half a crown between the beds.
Prisoner. I asked the landlady what the number was, and she told me 55, I understood.
Prisoner's Defence. I was not at all aware it was bad.
GUILTY . Aged 49.— Confined Six Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
RACHEL GEIER . My husband is a tobacconist, and lives in Broad-court, Bow-street. On 25th Aug. the prisoner came, about 4 o'clock in the afternoon, for three cigars—I served her, they came to 6d.—she tendered a half crown in payment—I gave her in change a shilling, a sixpence, a 4d. piece, and two pence—I noticed the shilling I gave her—I had had it in my hand three or four times the same day—I am quite positive it. was good—it was a new one—when I gave her the change, she said she would not give 2d. each for the cigars, she could get them anywhere for 1 1/2 f.—she laid down a shilling, a sixpence, a 4d. piece, and two pence, down on the counter, and
the cigars—she said, Give me my half crown back again"—I laid it on the counter; she took it up, and went out of the shop—when she had gone, I examined the money she had put on the counter, and I perceived a bad shilling under the sixpence and 4d. piece—I am certain it was not the shilling I had given her, it was quite a different shilling—I went after the prisoner—our shop is the corner shop, and as soon as the prisoner got by our shop I saw her running off—I ran after her—I took her by the shoulders, and brought her back to the shop—when I stopped her, she said, "Don't excite and flurry yourself like that, I have no bad money about me"—I had not then said anything to her about bad money—I brought her back, and gave her into custody.
Prisoner. I went to work for a gentleman, and he sent me for some cigars; he gave me half a crown; he said they were 1 1/2 d. each; I went, and she gave me the change; I said I could not have them at 2d. a piece—I went out, but I did not run; had I run, it would have been impossible for her to have overtaken me; when she came, I said, "Don't make this piece of work, I would sooner give you the shilling out of my own pocket;" she took me back, and gave me in charge; I laid down the same money that she gave me.
GUILTY .* Aged 40.— Confined Twelve Months.
GUILTY . Aged 24.—Recommended to mercy by the Prosecutor.— Confined Three Months.
987. CAROLINE BENTON , stealing, on 11th May, 2 petticoats and other articles, value 19d. 6d.; on 6th Aug., 1 shirt and other articles, 9d.; the goods of David Carter, her master: to which she pleaded
GUILTY . Aged 32.— Confined Four Months.
(The prisoner received a good character.)
WILLIAMS pleaded GUILTY. AGED 23.
SMITH pleaded GUILTY . Aged 23.
Confined Twelve Months.
MR. COOPER conducted the Prosecution.
HENRY INGAMRLLS . I live in River-terrace, King's-cross. I sold Mr. Noakes some potatoes—on 22nd Aug. I loaded his cart with fifty sacks of potatoes, each sack containing 1 cwt.—the prisoner was the carman; he was to take them to Mr. Noakes'—I saw the prisoner on the van just before he started, and I gave him the pass to get out of the yard—he told me how many sacks there were, and I took his word; I never counted them myself—he told me there were fifty sacks, and there were to have been fifty—they were my property.
Cross-examined by MR. O'BRIEN. Q. Did you load the sacks? A. My men assisted in putting them up—the prisoner loaded them on the van himself—they were not in sacks when be came—he brought sacks, and they were put in them—they were filled by two men whom I regularly employ—neither of them are here—of course, I could not swear how many there were—my men left it to the carman to keep an account—the carman told me what hit master told him to take—the potatoes were loose in the truck before they were put in the sacks—there were plenty of other trucks about with potatoes, and several other persons loading.
COURT. Q. Were you present at the loading of the van? A. No; only when it was loaded—the prisoner told me there were fifty sacks.
Cross-examined, Q. Has the prisoner been in your employ long? A. From two to three years; he has been out on bail—I am not aware how many sacks he took with him—my foreman, who is not here, gave him the sacks—the habit is for the foreman to count the sacks, and give them to the prisoner—I was not there when the prisoner brought the fifty sacks that day.
JOHN GUNN (police-sergeant, G 8). I took the prisoner, at his master's house—I said he was concerned in stealing a sack of potatoes—he said, "I wish to tell the truth about it; when I was coming home with my horse and van, I let the horse stop to blow, and I saw 1 bad a sack too many on my van, and I took it to Mr. Parker's—I told Mr. Parker I bad got a sack of potatoes for him, and he said, 'Shoot them, and let me look at them'—I shot them, and he put half a crown in my hand—I said, 'Is that all?'—and Mr. Parker said, 'That is ray price. '"
Cross-examined, Q. Was any one there at the time? A. Yes, Mr. Noakes's father was in the counting house, and he heard it.
JAMES WHISKEN, ESQ . I live in Bedford-place. I was in Guildford-place on 22nd Aug., about 2 o'clock—I saw the van loaded with sacks—I saw the prisoner take a sack of potatoes from the van, and he carried it to No. 17, Easton-street, where Parker lives—that is between seventy and eighty yards from where he stopped the van—there was the name of Noakes in red letters on the sack, the same as there was on the sacks in the wagon—I saw the prisoner come out of the house again with an empty sack—it was full when he took it from the wagon—he threw the empty sack on the other sacks in the wagon.
Cross-examined. Q. Did you look at the house where the sack was taken? A. I saw it was Parker's—he was taken in custody—he and the prisoner were both bailed—of course, I could not swear that the sack I saw brought out was the same I saw go in—I called the attention of a policeman to it—I knew the policeman, and he knew me, as a Magistrate.
(The prisoner received a good character.)
NOT GUILTY .
GUILTY . Aged 15.— Confined Six Months.
OLD COURT.—Wednesday, September 21st, 1853.
Before Mr. Justice Crompton, and the Fourth Jury.
MESSRS. CLARKSON and HUDDLESTON conducted the Prosecution.
HENRY SANDERSON HALL . I am in partnership with my father, as a ship broker, in the Circus, Tower-hill; we carry on business under the firm of Hall and Son. On 25th Aug. I had occasion to go to the Bank for a Bank post bill for 30l.—it is the custom at the Bank to make that application by filling up a blank form given for the purpose; this (produced) it the form that I filled up, it is for a Bank post bill for 30l., payable to the order of oar firm (read: "Bank post bill, 30l., payable to Hall and Son, Circus, Tower-hill; value received of the same. 25th Aug., 1858")—I think I made the application about half past 9 o'clock in the morning, or before 10 o'clock, at all events it was the first thing in the morning, perhaps it might have been a little after 10 o'clock—at the time I was writing out the order, there was some person near me, I cannot say who the person was, I took no particular notice of him—having filled up the form, I handed it in to the Bank post nil office, with the 30l.—I asked what time it would take to make out the bill—they said about a quarter of an hour; I said I could not be back so soon as that—I went away and returned in about an hour and a quarter—I was then told that the bill had been already given out; I eventually got another—I never gave any one authority to apply for this bill (bill produced)—the endorsement here of "Hall and Son," is not the writing of our firm, nor has it been written by our authority—it was not endorsed by my father or myself; we are the only two persons in the firm, no clerk has authority to sign for the firm—this is not the bill that I got.
Prisoner. Q. At what time do you say the application was made? A. About 10 minutes after 10 o'clock, I think it was; I think there was not more than one person in the office, there might have been more.
SAMUEL LEIGH . I am one of the cashiers of the Bank of England. I was on duty in the Bank post bill office on 25th Aug.—Mr. Hall would not apply to me for the bill, he would apply at the counter to one of the clerks, and fill up the form; the bill would be made out from that, and then it would come to me to sign—I remember a Bank post bill being brought to me to sign, I have no doubt the one produced is it; here is my signature—our usual practice is after signing it, to call out the name of the person to whom it is payable, if we see any person present—any person who answers and correctly describes the bill, receives it—I distinctly remember giving that bill to some person—I am not able to say to whom—I cannot be certain whether I called out the name of Hall and Son; when there are very few persons in the office we do not always call out the name, we lay the bill down and put a lead upon it; it is most likely that I did call out the name; some person applied for it correctly, and it was given to that person—I remember Mr. Hall afterwards coming and applying for it, I could not positively state how long that was after it was given up, probably about an hour.
COURT. Q. What time in the morning was it? A. I should think about
10 o'clock when the bill was first applied for and given—we afterwards gave a second bill to Mr. Hall, and wrote on it in red ink.
CHARLES COCKBURN . I am a clothier, at Chatham. On the evening of 30th Aug., between 7 and 8 o'clock, the prisoner came into my shop and inquired whether I sold clothes suitable for mourning—I told him that I did—he then asked me in the event of his buying a suit of clothes whether I would take a bill—I said I would—he did not produce it at that time—he said it was a bill on the Bank of England, but did not state the amount—he then selected a black coat, waistcoat, and trowsers—there was a great deal of difficulty in fitting a coat; he tried on perhaps twenty—I offered to alter a coat for him by the following morning, but he said he could not wait, as he was going very early, he did not say where—he said that he had come from Canterbury—he said he wanted the clothes to go to a funeral—after selecting the clothes he produced this bill (looking at the one produced)—I examined it, and saw the name of Hall and Son upon it—I asked the prisoner to endorse the bill, and he said, "It is already done, but I will put my name to it," and he put this name of "George Thompson" to it in my presence—he wrote it with my ink, which was blue—he wrote it on my shop paper on the counter—in making the flourish under the name the pen stuck and made a hole, which you can perceive—I observed that at the time—the amount of the clothes he selected was 6l. 5d.—I told him that I could not change the bill, that I should be obliged to send out for change—I sent it out by my shopman, and he returned with it; he was not able to get it changed—I told the prisoner as I could not get it changed I should request him to bring it in the morning, and I would get it changed at the Bank—he said he would come in the morning, at 9 o'clock—I gave him the bill, and retained the clothes, and he left—he did not come next morning; I did not see him again anal he was in custody.
Prisoner. Q. Was it at your request that I put the name of Thompson on the bill? A. it was.
COURT. Q. Are you sure the prisoner is the man? A. Yes, and that it was on 30th Aug. that he came.
WILLIAM LLOYD LEWIS . I am shopman at Messrs. Moses and Sons, clothiers, in New Oxford-street. On 31st Aug. the prisoner came there—I was attending in a room on the second floor—he asked whether, in the event of his purchasing a suit of clothes for himself, we would take a bill for 30l.—he handed me this bill (the one produced)—I went down stairs to consult Mr. Hendrick, the manager, and he came up stairs and saw the prisoner—he told the prisoner he would take the bill, and the prisoner consented to look at the clothes—he selected a suit; they came to 7l. 9d. 6d.—Mr. Hendrick said he must send the bill into the City to get it changed—the prisoner seemed to consent to that; he may have said, Very well," but he agreed to it—the prisoner at first said that he could get change in the neighbourhood—I think that was before he agreed to its being sent into the City—he said something about going by a train—the conversation was in my presence; it was directed to both Hendrick and myself—I saw him write a name and address on the back of the bill; this is it, "George Thompson, Guildford, Surrey"—he was asked to endorse the bill, which is usual at our establishment in taking notes, and he wrote that—after purchasing the suit of clothes, he was shown into another department, where hats are sold—while he was there Mr. Hendrick and I had some conversation—I saw a brown paper parcel, which the prisoner had with him; it was on the counter—I saw the prisoner take it away afterwards—while he was in the hat department I opened that parcel, and in it
found a quantity of handbills—I took one out—this (produced) is it—upon that I went down to our City establishment, with the handbill and the Bank post bill, to take the opinion of our principal, Mr. Moses—I was away about an hour—when I returned the prisoner was gone.
Prisoner. You say when you came back I was gone, yet you say you saw me take the parcel away; how could that be? Witness. I saw him take the parcel up.
COURT. Q. When? A. When he was at the counter, looking at the clothes—I must correct myself, I did not see him take it away from the shop, I merely saw him move it.
CHARLES HENDRICK . I am manager of Mr. Moses' business, in New Oxford-street. On 23rd Aug., about twenty minutes or a quarter past 4 o'clock, Lewis came to me about change for a Bank post bill—I went up stairs, and saw the prisoner there—I told him it was rather unusual to take Bank post bill, and I would send it in the City and get it changed—he said there was no occasion for that, as he could get it changed close at hand; he said that he could have got it changed at the Bank, but he was late, and he was going away by the 7 o'clock train that evening—he said he would get it changed close at hand, and call back within an hour—I then proposed to him to select the clothes, and I would send a party with him, and when he had the change he could pay the party that went with him—he said, no, he would not select the clothes, he would call back again—I then consented to take the bill, and told him to select the clothes, which he did—he was asked to endorse the bill, and I saw him write his name and address; this is it—I put my initials on it—I find them here—after he had selected the clothes, he went into the hat department to select a hat—I had observed a brown paper parcel on the counter; I had not the curiosity to open it, but Lewis had, and he took this bill out of it in my presence—that was while the prisoner was in the hat department—on looking at that, I sent Lewis into the City with the Bank post bill to make inquiries at our other house—shortly after Lewis had left, the prisoner came up again into the clothes department, and asked for the bill for the goods and his change—I had the invoice made out; it amounted to about 7l. odd—I told him I should have to detain him some little time, as I had sent one of the young men into the City to get change from our principal cashier there, because I did not wish to take the responsibility on myself—he said, "You cannot be too careful"—he asked me how long the young man would be; I told him about half an hour—he then said, "Will he be as long as that?"—I said, "Perhaps he may not be longer than twenty minutes"—he said he had to make a call, and he would call back again—I told him there was a probability that the young man would not be so long, as I had given him directions to ride—he then left, and did not return—I did not see him again till he was in custody.
COURT. Q. Did he ever, in your presence, agree to the bill being sent to the Bank, or into the City? A. No; he objected to it—I have no recollection of his agreeing to it, and I do not think he did—he had the parcel under his arm—Lewis had made it up again after opening it—it was merely untied at one end.
THOMAS DANIEL ERSSER . I am a lapidary, living at No. 13, Church-street, Soho. The prisoner lodged at my house for about ten months—two females were living with him—he left on 20th Aug.; he gave me no notice—after he was gone, the females had some handbills printed, stating that he was missing—I did not see the handbills—when he first took the apartments, I find by searching my book that he took them in the name of Taylor—I found.
that he afterwards went by the name of Samuel Ellen; some letters came to him in that name after he had been there about three weeks, and after that I used to call him Mr. Ellen—I have seen him write—to the best of my belief the endorsement of "Hall and Son" to this Bank post bill is in his hand, writing; he has a peculiar way of making an "S" and also the flourish at the bottom—I believe this "Geo. Thompson" also to be his writing.
COURT. Q. Have you seen him write often? A. Not very often; once or twice—I am quite sure about the handwriting, I know it so well—I have no doubt about this being his writing—I have seen him writing as I have passed him in the passage at various times, in transacting business with persons, so as to see what he did write; it was merely a glance—I have received several notes from him, sent down respecting being in arrear for rent—I have not very often had notes from him.
Prisoner. It is only one particular letter he can speak to, and that is the "S."
COURT. Q. Do you speak to the "S" only, or to the handwriting generally? A. The handwriting generally; I have seen him write with such a flourish as this—I have letters of his, but not with me—I am certain I have received one letter from him—I am not certain that I have received more than one.
HENRY WEBB (City policeman). On Saturday night, 3rd Sept., from information that I received, I went to the neighbourhood of Church-street, Soho—I saw the prisoner there, at No. 13, in the house—I asked him if his name was Samuel Ellen; he said it was—I told him I was an officer, and that I called respecting a Bank post bill for 30l. that he had left at Messrs. Moses', in Oxford-street, on Wednesday last—he said he knew nothing of it—I said, "Are you sure of that?"—he said, "I answer no further questions"—I then asked where he lived; he said he would rather not answer that question—he was then in the passage of the house—he was brought in by the landlord, with whom I had had some communication.
(The Bank post bill was here read, with the two endorsements of "Hall and Son," and "George Thompson. "The handbill was also read; it stated Mr. Samuel Ellen, of 13, Church-street, Soho, to be missing since the 20th August, and described his age, dress, and appearance, requesting any information that might lead to his discovery to be forwarded to any police station, or to his residence, as above described.)
Prisoners Defence. I am labouring under very great disadvantage, being almost entirely unprovided for my trial, and not having the means of employing solicitor or counsel; what makes it still more painful, the principal witness in my behalf is ray own son, who was with me the whole of the day on Thursday; he can prove that we were not separated at all on the Thursday on which the bill was obtained; the fact is, that I found the bill; I picked it up on the Friday, at the entrance of Capel-court, and through misfortunes I was induced to make use of it; when I picked it up, the name of Hall and Son was already endorsed upon it; on the Thursday, at the time the bill was taken from the Bank, I don't think I bad left my home, where I was with my wife and son, in the Commercial-road; 1 am almost positive I had not left my house at the hour it is stated the bill was obtained; I am not exactly certain of the time I left my house, my son may be able to say; we proceeded into the City, and went to the News rooms in Cheapside, where we had been several times to look at the papers to see if there were any situations advertised that would suit me; on the Friday we went there again; I was not absent from my son above five minutes, I should say, and during that five
minutes I went round the Exchange, and picked up this bill; I took it and showed it to my son; I did not look at it particularly at the time—with regard to the other part of the charge, as to the name of Thompson, I am not in a condition to defend that; I admit that I put the name of Thompson, but I did it in ignorance of the law, and at the request of the person with whom I was dealing; I was not aware that I was committing a forgery, or my nature would have revolted from such a thing; poverty tempted me to make use of the bill; I had been trying many things; I had one or two patents that I was endeavouring to dispose of; one for a knife-cleaning machine I disposed of to a person in Oxford-street for a trifle; I then went into the razor strop line, but was unsuccessful; I was then negotiating for the sale of a machine which I invented some years ago in Bermondsey, where I was in employment for seventeen years, but the patent was in the hands of a person from whom I could not obtain the design, and I was thus induced to make use of the bill, which I shall deeply regret as long as I live.
SAMUEL THOMAS ELLEN . I am the prisoner's son. My father returned home on Saturday, 20th August, after being absent fox some time—we were then living at No. 39, Arbour-square, Commercial-road, Stepney—on Thursday morning, 25th August, he left home at half past 10 o'clock—I went out of the house with him—we went through the City to the news rooms in Cheap-side, for the purpose of looking at the advertisements to see if there were any situations advertised—we came straight from the news rooms to the Royal Exchange—we sat down there for a few moments, and then returned home again a little after 1 o'clock, I think; and in the evening we went out for a short walk—on the next day, Friday, we went out about the same time, and proceeded up to the news rooms in Cheapside as we had done the day before—I do not know exactly how long we stayed there, but we returned to the Royal Exchange at half past 12 o'clock—we sat down there for a few moments, and my father and I thought of whom we could borrow some money—after thinking for some time, he thought of some person in Threadneedle-street, I think he said, and asked me to go with him; I declined, and said I would rather wait in the Royal Exchange till he came back—he then went out—I should think it was not more than five minutes; I am certain it was not more than ten before he returned to me in the Royal Exchange, with the bill open in his hand—there was some mud on the bill; it looked as if it had been trodden upon, as it was folded, and he was wiping it off with his pocket handkerchief.
Cross-examined by MR. CLARKSON. Q. We understand that your father lived in Church-street, Soho, with two women of the name of Taylor, mother and daughter? A. I believe so; my mother lived in Arbour-square—it was on Friday, 26th Aug., that I declined to go with my father, and sat down in the Royal Exchange; I am quite certain of that—he wanted me to go with him to see a friend of his, to borrow some money of; I do not know who his friend was—we sat down to think who he should borrow money of, and it came into his head, not into mine; that was about half past 12 o'clock—I do not recollect telling Webb, the officer, that it was 10 o'clock when my father left me—I do not recollect such a thing—I cannot say whether I did or not; it was on a Wednesday evening that he came to see mamma and me—I do not know whether I told him that it was 10 o'clock on the Friday when my father left me; I should not think I did, I do not recollect—I did not tell him that my father went away from me at 10 o'clock on 26th Aug., I do not think I did; I will not swear I did not—my father came back to me while I was sitting in the Royal Exchange—he had a piece of paper in his hand, which he was wiping the dirt from; 1 do not know what it was—I looked at
at the paper, certainly; I did not read it—I looked on both tides of it, I merely glanced at it—I do not know what time it was when he brought the bill back, I only know the time we went into the Royal Exchange was half past 12 o'clock—I should think it was near 1 o'clock when he came back—he was not gone half an hour—I do not recollect telling the officer that this occurred at 10 o'clock in the morning—I do not think I did, because I recollect the time so well; I must have been very agitated if I did—we sat down in the Royal Exchange at half past 12 o'clock—we were thinking; I named several persons, to see whether my father could borrow some money of them, and he said no, no; they would not do—when my father left me, he went out at the left hand side, as you stand looking towards the front of the Queen's statue—that would lead to the Bank—when he came back he said, "Look here, what I have found!"—I said, "Where did you find it?" and he said, "If you come with me, I will show you"—I went out with him, and we went to Capel-court; I do not know whether that is the entrance to the Stock Exchange—he pointed down to the side of a scaffold-pole there, that was lying oil the ground where there was some building going on, and said, "That was where I found it; it was just underneath that scaffold-pole"—(looking at a letter) this is my father's handwriting.
COURT. Q. You say when he came in he said "Look what I have found," but you did not read it? A. I did not read it—my father told me in the evening that it was a Bank-post bill—that was when we were out for a walk in the evening; he did not tell me at the time—I think we got home about 3 o'clock that afternoon—I did not then know what the paper was, not till the evening.
Prisoner. Q. Too saw sufficient of the paper to see that there was a name already on the back? A. I saw there was a name on the back of it, as you were wiping the dirt off with your handkerchief—I saw there was a name written on the back, at the top of the bill, on the side where the printing was.
MR. CLARKSON. Q. Did you live with your father in Church-street? A. I did not.
JOHN WARD . I have known the prisoner many years, and have received many communications from him in writing—I should positively know his handwriting, as far as my judgment would go—I have done business with him; (looking at the bill), I should positively swear that the name of "Hall and Son," on the back of this bill, was not his writing, according to the best of my belief, and I will give my reasons; on looking at the "George Thompson, Guildford, Surrey," I find an "S" which is exactly like his; it is the S" in "Surrey;" I believe that to be his—I do not think the "S" in "Son" is like his; I see not the slightest likeness whatever to his handwriting there—I saw him sign his name only a short time ago—I saw him write lately at my house—I have known him eight years; for the greatest portion of that time he filled a very important situation in a most respectable firm at Bermondsey, but from some differences which arose between his wife and himself, there was an alienation—I have had the highest opinion of his honesty and have now; his character for honesty was exceedingly good—latterly he has been in very extreme poverty—from the high opinion I had formed of him, I have advanced him sums of money from time to time—some short time ago I knew him to be in the lowest state of poverty, so much so as to be glad of a few pence.
Cross-examined. Q. Where was he living at that time? A. He gave me his address, "No. 13, Church-street, Soho"—I was never there—I am an
auctioneer—he is in my debt now, not many pounds, it is for money that I have advanced to him—I formed a very high opinion of him—I do not know how be came to leave Mr. Ross, of Bermondsey—that was the employment that I referred to—I do not know that he left that service, having embezzled 300l.—I have heard it within this day or two, from his own family—I have been in communication with his wife—the next employment I found him in, after leaving Mr. Ross, was making razor strops, he came to me to borrow money to carry out the project—I never was at the house in Arbour-square—I was never at any house where he lived, except the one at Bermondsey, when he was at Ross's—I did not know anything of his acquaintances; I formed my opinion of his honesty from his filling an important situation; until Mr. Ross died, I had no other means—Mr. Ross died about two years ago—I cannot say that I see any similarity in the writing of this "Hall and Son," and "Geo. Thompson"—they appear to me to be entirely different; the "H" of the "Hall" appears to have been written over two or three times, it appears to have been written with very bad ink—the "Geo. Thompson" is written in blue ink, and thick—I consider the two names differ as much as two hands from different persons will differ—I should not like to form any opinion upon the flourish, it is altogether different from his—I never taw the bill before.
(John Garwood of Surrey-place, Old Kent-road, also deposed to the primer's good character.)
GUILTY of forging and uttering the endorsement of "George Thompson"— Confined Twelve Months.
GUILTY . Aged 22.— Confined Twelve Months.
GUILTY . Aged 22.—Four Years of
Before Mr. Baron Martin.
MR. LILLEY conducted the Prosecution.
JOHN KELLY . I am a porter, and live at No. 21, Edward-street, Dorset-square. Early on Wednesday morning, 24th Aug. I was in Long Acre—I had no watch with me—I thought it was between 12 and 1 o'clock—I went up Angel-court to make water—it is a very dark court; while I was there a man came behind me, put his knee in my back, caught me by the neck, pulled me back, and kept me tight by the throat, while another man put both hands into my waistcoat pockets, and then into my trowsers pockets—I had an opportunity of seeing the man who held me, it was the prisoner—I was not able to speak a word while his arm was round my neck—I had 16d. and a half sovereign in my pockets—as soon as the prisoner's hands were removed from my neck, the man who robbed me ran about half the distance to the corner of the court, and as soon as he had got that half distance the prisoner took leave of me, and ran after the other man—as soon as I got up I ran after them, crying, "Stop thief!" and "Police!"—I saw the prisoner before he got to the corner, I saw him turning round the corner (I had been thrown
down on the ground on my back)—I ran after him, and when I ran out of the court I found that the police bad him—I felt the effects of the violence for a fortnight after—I had been drinking that night, I had taken a good drop, but I was not drunk—I recollect all that occurred—I did not see anything more of the man that had his bands in my pockets—the policeman took the prisoner to the station—I do not think I went with him, I do not know that I did.
Cross-examined by MR. METCALFE. Q. Do not you recollect whether you signed the charge-sheet? A. I forget whether I did or not, because I got drinking afterwards, and found myself in the station—I cannot say whether it was the same station where the prisoner was—I was not drunk before this happened—it was necessary to remand the case till 4 o'clock next day before I could be heard—I had occasion to go to that part of the town—I am a jobbing porter, not in any service—I have been a gentleman's servant—I had not been down the court two minutes before this occurred—it was a very short time taking place, because the minute I was down there the man was on me—I do not think it could be more than two minutes—the moment I was put on my back the other man was at my pockets—they went off one after the other—I was a very short time getting on my legs—I had no one-to assist me up—I got up by myself—I was up before the prisoner had turned the corner of the court—I should say it was five or six yards from the urinal to the street—I was after him before he turned the corner of the court—I bad never seen him before—it was dark there—the other man was leaning upon me, rifling my pockets—they both got down a-top of me—this occurred between 12 and 1 o'clock, nearer to 1 o'clock—I had come from home just before—I came down Regent-street, and across Leicester-square into Long-acre—it was past 12 o'clock when I left home—I had been drinking before I left home, and I drank a little on the way—I at first thought my half sovereign was gone too—I may have said so—I may have said, "I hare lost a half sovereign and some silver"—the prisoner was afterwards searched, and 16d. found on him, but no half sovereign—I at first I said I had lost a half sovereign and some silver—I knew I had 16d. in my pocket—I did not say anything about the 16d. at first—I said "a half sovereign and some silver"—the policeman asked me what silver, and I told him.
MR. LILLEY. Q. While you were lying on your back in the court, had you the opportunity of seeing the prisoner? A. Yes, I had—I was able to get up without assistance—I was not drunk at that time—I was afterwards, and it was in consequence of that that I could not recollect what occurred—I think I told the policeman what silver I bad lost when he asked me—I found how much I had lost on examining my pockets.
JURY. Q. Where did you get the money to get drunk upon afterwards? A. The half sovereign that I had in my pocket.
JAMES COOK (policeman, F 126). On Wednesday morning, 24th Aug., I was on duty in Long-acre, in plain clothes, about 2 o'clock—I saw the prisoner run out of Angel-court—the prosecutor ran out immediately after him, calling "Police!" "Stop thief!"—I immediately ran after the prisoner, and when I was almost close to him he turned round to meet me—I told him be must come back with me to see what he had been doing to the gentleman—he said he had not done anything to him—the prosecutor was then standing in Long-acre, at the end of the court—I brought the prisoner back to him, and he said, "That is the man that robbed me of a half sovereign and some silver"—he did not say anything else—I then told the prisoner that I was a police constable, and he must go to the station with me—when
we got to the top of Bow-street, he jumped round all at once, and said, "I will we you b—before I will go to the station with you!"—he then struck me a violent blow with a stick, once on my eye and once on my ear, and ran away down Hanover-street—I sprang my rattle, and my brother constable stopped him in Hanover-street—I then took him to the station—the prosecutor had been drinking, but he seemed to know perfectly well what he was about—I searched the prisoner at the station, and found on him two half crowns and 11s., and 6 1/2 d. in copper.
Cross-examined. Q. What was the charge that was taken at the station? A. Assaulting and robbing him of a half sovereign and some silver—the silver was mentioned in the first instance—I did not ask him how much silver he had lost; he was asked by the inspector—he did not say anything about the 16d. that night; it was next morning before the Magistrate—the prisoner had been searched before that—the prosecutor did not say anything next morning about the half sovereign—the charge was not heard till 4 o'clock next day, as the prosecutor had got drunk after the robbery—he was brought in drunk at 8 o'clock in the morning—he knew perfectly well overnight what he was doing—he came to the station, and signed the charge sheet, and made a statement—I did not go into Angel Court at all—the prosecutor was standing at the corner of the court when I saw him.
MR. LILLEY. Q. How far from the entrance of Angel-court did you stop the prisoner? A. About thirty or forty yards—a person at the corner could see me stop the prisoner.
GUILTY . Aged 30.— Six Years of Penal Servitude.
NEW COURT.—Wednesday, September 21st, 1858.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; Mr. RECORDER; Mr. Ald. WIRE; and Mr. Ald. MUGGERIDGE.
Before Mr. Recorder and the Seventh Jury.
GUILTY . Aged 24.— Confined One Month.
GUILTY . Aged 42.— Confined Two Years.
MESSRS. BALLANTINE and GIFFARD conducted the Prosecution.
JOHN TALLIS . I am a publisher, carrying on business at Nos. 97 and 100, St. John-street, Smith field. Parker was in my service about two years—Sadlier was a canvasser—Parker was clerk to superintend the canvassers—he had been a canvasser himself, but was promoted—his duty was to give the canvassers certain districts to go over, to obtain orders for various publications, and when obtained to enter them in the order book, and re-enter them in the delivery book, so that the deliverers might go to the parties, ascertain that they had given such orders, make checks on Saturday night, and hand to the canvassers, which they presented to the cashier in the counting-house—they then received the money, and we supposed they were receiving the money for bond fide orders—they received a commission, which varied according to the extent of the work—the canvassers reported the orders to
Parker—he entered them in the order book, transferred them into the delivery book, and sent the deliverers to the persons who were supposed to have given orders, to ascertain whether they had been given; and on their reporting that they were genuine orders, it was Parker's duty to make out checks for the commission, when a portion of the goods had been delivered, or the parties had said that they were genuine orders—the goods are delivered periodically as published—the checks were presented to the cashier—it was Parker's duty to enter the orders in the order book, then in the rough delivery book, and then in the permanent delivery book (produced)—they were not entered there till it was ascertained that the orders were genuine—it would not have been in the course of business that any check for the commission should be given till the names had been entered by Parker in the permanent delivery book—from something I had heard, I gave Parker into custody; I believe it was on 18th June—I saw him searched, and this paper (produced) was found upon him—it is Parker's writing—this other paper (produced) has initials in Parker's writing signed at the bottom of it—it is a copy of the other paper, in a different writing, but the initials to it are Parker's—the body of this other paper is in Parker's writing; it is a check, dated 17th June, for 10d.—it is the commission for these other two papers—it is payable to Sadlier, and signed by R. Sadlier, as having received it—this other check (produced) is Parker's writing; it is on 28th May, and the initials to the list are his—here is another, the same; the body of the check is Parker's writing, and the initials to the list—here is another, the 6th May; another, the 23rd April; another, the 30th; another, the 23rd; another, the 15th; and another the 9th April—they are all the same.
Cross-examined by MR. WOOLLETT. Q. How long has Parker been in your employ? A. About two years; I placed him over the canvassers; he was superintendent of the whole—I should think they were not bound to do whatever he told them—he engaged the canvassers—their number varied from twelve to twenty or thirty—when we produce a new work we put on extra hands; sometimes we have thirty or forty—Sadlier had been employed as a canvasser for a considerable time; I cannot say how long—I had no time to attend to the canvassers; they were entirely under the control of Parker—I did not know anything against Sadlier's character till this fraud was discovered—he did not call once or twice after I discovered this matter, and offer me every information in his power—he kept out of the way—he did not call, to my knowledge—I sent to him to say that I wished to see him, but he sent frivolous excuses for not-coming—he kept out of the way—I cannot say whether he came to the office; I do not know—supposing these orders had been given, Sadlier would have been entitled to his commission—I have seen the canvassers writing, but I believe nothing more than their duty to write their circulars—they might be employed by Parker in packing—Parker had plenty of writing in his office, but not more than he was quite capable of doing himself—I have heard of the canvassers doing things on their own account, and when I have heard it I have discharged them—I know Sadlier returned a check by post—I gave the men notice that if they were about to receive money that was not due to them, to return the checks, or I should prosecute them; and Sadlier sent back a check for 10d. that had been given him by Parker to receive that night—that was the first check that was put in to-day—that was after I had taken Parker into custody.
MR. BALLANTINE. Q. Was that the only check that has been returned? A. Yes; one man received the money and absconded—no person but the canvasser would be entitled to any share in the commission—supposing Parker
had been implicated in this matter, he certainly could not hare gained a shilling except by an arrangement with this man.
SAMUEL DITCHETT BRAIN . I am clerk to Mr. Tallis. The first of these lists of names produced is in Parker's writing; all the others are in Sadlier's—these are the names of persons who are supposed to have given him orders, and on which he was entitled to receive commission—the lists were handed to Parker, and it was his duty to give a check for the commission—here are about fifty-three names in these lists—I have searched through the rough delivery book, and the permanent delivery book—there are three names out of the fifty-three entered in the delivery books—they are entered in the order book as if they were real orders—they all appear there, and are marked; up in that book as genuine orders, the persons having received a certain part of them—all orders are entered first, as the canvassers give them in, but afterwards they appear in the order book; and supposing them to be delivered, they should be entered in the delivery book—I find these are ticked off by Parker, as if they were entered in the delivery book—I am correct in saying that there are only three of them entered in the delivery book—they all appear in the order book, and are all ticked, as if they were entered in the delivery book—I have referred to the rough delivery book as well as the permanent delivery book, and there are only three of them in either of those books.
Cross-examined. Q. In whose writing are the books? A. All the books are in Parker's writing—only three of these are entered in the delivery books; the others are not alluded to at all—I believe Sadlier had no wages—he was paid solely by commission—I never heard that he was sometimes called Parker's clerk.
MR. BALLANTINE. Q. Haveyoumade out a list from the books, of the amount of his commission from 1851? A. Yes; the whole of the cash he has received from Aug., 1851, to June last, is 97l. 10d. 6d.—this is only the balance of commission; the actual sum received beyond the goods he has sold—he was supplied with books from time to time—if he sells one, he puts the entire of that money in his pocket; and it was Parker's duty to deduct what he received from the public from his commission—he received the money for the first number, and we received it for the other numbers.
MR. BALLANTINE to MR. TALLIS. Q. Is this a list of money properly received? A. I believe there is not out of the 97l., more than 7l. that he has fairly earned.
EPHRAIM TIPTON BRAIN . I am cashier to Mr. Tallis. I have seen these lists, and I know the writing to be Sadlier's, with the exception of the one list that was found on Parker—I have paid all these checks to Sadlier; they amount to 5l. 16d. altogether—I have noticed that in every case when I have paid them Parker has been present—there was no necessity for his being present—I have asked Parker from time to time how we were going on, and he remarked that Sadlier was a very good canvasser—I have not inquired about the different names that are on these lists.
ROBERT GEORGE POOLE . I am a deliverer, in the employment of Mr. Tallis. I went to the places in these lists to which my name is attached; I can find no such persons—I went to Comfort, No. 41, Brewer-street, Somerstown; there is no such person—to Potter, No. 8, South-street; there is no such person—to Thomas Martin, No. 115, Upper Seymour-street, Sloane-square; there is no such person—to Gates, No. 26, Windmill-street, Totten-ham Court-road; there is no such person—to Bradford, No. 60, Grove-street, Camden-town; there is no such person.
COURT. Q. Have you seen these lists that have been produced? A.
Yes; and I have looked after all the names on them to which my name is attached—I went to nine on 9th April, to four on 15th April, to two on 20th April, to two on 22nd April, to four on 23rd April, to four on 27th April, and to one on 6th May—I have inquired for twenty-six persons, and can find no such persons—I did not find any of the names genuine that I inquired for.
WILLIAM PELHAM . I am a deliverer to Mr. Tallis; out of the fifty-three names which are on these lists, I inquired for eleven of them on 6th May, for five on 16th May, and on 20th April for nine—of those twenty-five that I inquired for, I could not find any such persons.
EPHRAIM TIPTON BRAINE re-examined. I spoke to Parker from time to time about the canvasser; he said that he considered Sadlier a very good canvasser—when Sadlier received his payment Parker stood behind.
Cross-examined. Q. Parker stood behind you? A. Yes; be stood behind me when Sadlier and the other canvassers were there—I know Sadlier called at Mr. Tallis's office, after this matter was discovered, about Parker—I saw Sadlier once there—I received a check for 10d. from him in a letter, by post—I inspected Parker's books occasionally; it was not my duty to do so beyond the general supervision—I certainly never told Sadlier that I inspected Parker's books, and they were correct—I never had any conversation with Sadlier about it—I am perfectly sure about that—I have not had to do with Sadlier beyond these checks—I do not know of his being called Parker's clerk.
COURT. Q. You say that Parker stood behind you when you paid the checks to Sadlier? A. Yes; I was at my desk, and he was behind me when Sadlier and other parties were there—the object was to see that the right person presented the check—he would be paid first himself, and he would stay there to see that the right persons were paid.
Cross-examined. Q. Did not Sadlier return you a brown paper, containing some books that he had to deliver? A. Yes.
Sadlier received a good character.
SADLIER. GUILTY .—Aged 31.—Recommended to mercy by tie Prosecutor.
Confined Nine Months.
MR. RYLAND conducted the Prosecution.
THOMAS KIMPTON . I am a carrier—I carry on business at No. 4, Christopher-court, St. Martin's-le-Grand—the prisoner was in my service—I was removing from that place to another, some time ago—I left the prisoner there—I allowed him to lodge in the house, because he had no other place to go to—I left some property in the house—he was in charge of the house, and he had to bring away some packages which I had made up to me in my new office—I went with him to ray new office, and introduced him to my new agent—I told the prisoner to bring those packages there immediately—I went out of town the same day—I had left a chest of drawers, an iron press, a bed and bedding, three coats, two pairs of trowsers, and a package containing thirty-six yards of hair seating—he had no orders to bring away the chest of drawers, or bed and bedding—I allowed him to use them, but the others he was to bring to my new place—I left town on 26th July, and came back on 10th August—I found my old place locked
up; I could not get in, and could not find the prisoner—I had been to my new place and found the things were not there—I met the prisoner next day. 11th August, Mr. Goodenough was with me—I beckoned the prisoner over to me—I observed his dress; the coat he was wearing was mine—it was one of the coats he should have taken to my place—the waistcoat he had on was mine, and the trowsers and boots likewise—I charged him with having my property on his back, and asked him why he had not taken them to where I told him; he said that his own clothes were very shabby, and he thought mine were better, and he should like to wear them—I said that there was a package containing some horse hair seating, and I wanted to know what he had done with that; he said he had sold it to some upholsterer, but he could not say where—I asked what had become of the press; he said he had sold that also to Sharwood, but I found afterwards he had sold it to Mr. Rayner.
Cross-examined by MR. GIFFARD. Q. Was your business to go on in your absence? A. It was to go on in my new place of business, No. 6, Bull Head-court—I did not tell the prisoner that at the old place there was no business to go on—I allowed him to lodge in the premises, and if any person called or any messages, he was to direct the parties round to the new place—he had never conducted the business for me—he was paid weekly wages, 7d. a week—the wages were all paid up to my leafing town—I paid him a week in advance, and told him I had no further occasion for his services—I gave him a week's notice, and paid him that week on the day I left London—there were various payments which he had, beside the stipulated sum I paid him—he was to be paid a commission on certain customers which were brought by him to my office—I have my books here—he has been paid the whole of his commission—he was very raggedly dressed—I never complained to him of his being raggedly dressed—I know Mr. Woodrough; he is my agent, in Bull Head-court—I do not remember speaking with the prisoner about his appearance, and making a still larger hole in his coat with my finger—no such occurrence ever took place—I never said, "There is an old coat of mine will make you look a little more decent"—I know Mr. Sargent, a newsman, in St. Martin's-le-Grand; his shop is exactly opposite my late office—I have seen him since the prisoner has been committed—I have said to him that I found the prisoner was trying to injure my business as a parcel-delivery man—I do not recollect saying that I did not care one farthing about the coat—I might have said that my complaint against him was trying to get my business from me; I did not exactly say that—I stated that I found out, since I closed my premises, that he had taken in parcels, and instead of taking them to my new office he took them to another carrier, and he likewise took money for these parcels, and sent them on without the carriage paid—I think I said words to the effect that he had been trying to get away my business connection—I am certain I never asked him to sell the press or the chest of drawers—I had ordered him a pair of boots of a man named Miller—he wanted a pair of boots very badly, and Miller said he would let him have a pair if I would undertake to become security—I did so, and be had a pair of boots made—the place where I met the prisoner was close to where my old office was—while I was away there was a distress put in there for the rent of my house—that was satisfied by selling the remainder of the goods—it is not yet satisfied—an application was made for the rent just before I went in the country—I said I would pay it when I came back—this man removed nearly all the goods, and the landlord, supposing that I was going away, put in a distress—the prisoner was not to remove those things away; some packages of clothing
and paper he was to remove; the other things he was to leave—I did not tell the landlord I was going away—I never told the prisoner to try to sell any of those goods I charge him with stealing.
MR. RYLAND. Q. I thought you told me that the articles I mentioned were articles you told him to remove to your new place of business? A. Yes, the iron press—the hair seating and the articles of clothing were to be removed to my new place of business; I beg pardon, he had no order to remove the iron press—the things he was to remove were made in packages; they were the hair seating and clothes, with orders that he should bring them to my new place of business, and those are what I charge him with stealing—a chest of drawers and the bed and bedding remained on the premises, and he was to make use of them till he could find other employ—I offered him employ in the country, which he declined—there was a chest of drawers, and bed and bedding, an iron press, kitchen utensils, and knives and forks—the rent that was due was 7l. 10s., for one quarter—besides the things I now charge the prisoner with stealing there was more than enough left on the premises to pay the rent; there were counters and a desk—there has been part of it settled by the distress; I do not know the amount—when the prisoner was left in the house he had three blankets and a quilt—he had no sheet.
CHARLES GOODENOUGH . I reside at Islington. I was with Mr. Kimpton in Aldersgate-street when he met the prisoner—he said to him, "I understand from my brother that some of my things have been taken away, and I see you have got my coat and my things on; what do you mean by that?"—he said, "I thought I could work them out"—he said he put them on because his own were so shabby—he asked him where the chest of drawers was; he said he had sold it—he asked him where the press was, and the hair seating; he said he had sold them all—he said, "I thought it was best to sell them; I thought you would want me to go down to Liverpool"—he was asked what he had done with the money; he said, "I hare spent it; I must work it out"—Mr. Kimpton said, "I shall give you in charge for robbing me"—he saw a policeman, and did so.
Cross-examined. Q. Did be mention the price for which he sold the things? A. He did, but I did not write it down—I cannot charge my memory with it—I forget whether he said he sold the drawers for 10d. or 15s., but I know he reckoned the whole to be between 4l. and 5l.—he mentioned that he sold the horsehair for 1d. 3d. a yard, and Mr. Kimpton said it was worth 6d. or 7d.
COURT. Q. When he said he had sold them, and talked about the price he had sold them for, did Mr. Kimpton make any objection to his having sold them till he said that the money was spent? A. He told him first of all that he should give him in charge for taking his clothes, before the other things were mentioned.
RICHARD RATNER . I am an upholsterer, and live in Aldersgate-street. I purchased some horsehair seating of the prisoner—I have the bill of it—there were thirty-five yards and a half, at 1d. 3d. per yard—that was the fair value of it—it is an old thing—I do not know what use it can be put to—it is not horsehair, it is a sort of cocoa fibre—I bought an old press of him, which wants repairing—the sample of this horsehair was brought to me on 24th July; I paid for it on 30th July—there is a person in Court who can tell you that this horsehair seating was hawked round the trade for three months.
Cross-examined. Q. Was it told you where it was? A. Yes, the prisoner
told me it was Mr. Kimpton's, and he was going down to Liverpool to be one of his servants there, and he was to sell the property—I came to Mr. Kimpton's house to see the seating.
NOT GUILTY .
MESSRS. METCALFE and POLAND conducted the Prosecution.
MICHAEL DALY . I have lived at Isleworth for twenty-three or twenty-four years. The prisoner was in my service for a year and a half, I cannot tell up to what time, I have the worst memory of any man in England—I am ninety-two years of age—I dare say it is not above two months ago since she left me, but I would not say that exactly—I had 500l. in five notes, and some more money; 34l. in the same box, and 10 sovereigns besides in the same box, in the same bag that she took these out of—they were kept in my box, in my bedroom—the prisoner was the only person in the house—I always kept the box locked, and kept the key in my pocket—I remember the five 100l. notes being missed—the prisoner was out that morning, at Brentford—she went out with my daughter, and before they went out I gave them a glass of gin—my daughter did not live with me—I would not trust my daughter in that room without my being there looking at her—the prisoner did not remain at Brentford that night; she was at home—she did not say a word to me till the morning, when she said, "Daly, what have you been doing with the keys of the boxes?"—I said, "Nothing in the world; I never got out of my bed from the time I went to bed"—I then examined the box, which was on the top of two more boxes, and I found the money was missing—it had been in a little canvas bag—the box had been unlocked—the keys that unlocked it laid on the top of the chair" and the box was still unlocked when I went to it—the keys had been in my small clothes pocket, when I took them off at night—I always did, and I did so that night—I did, indeed—I went to bed between 7 and 8 o'clock—I always laid my small clothes in a chair, alongside of my bed—the prisoner knew very well that I had those notes, because when I had the notes I said to her, "Will you take these to the Nunnery, and ask Mother Mary if she will keep them for me?"—I did not want any interest on them, but the Superior said it was against their rules—that was the answer the prisoner brought to me—that was about a fortnight or three weeks before the notes were missing—nobody knew I had this money but this woman herself—when I sent her to the Nunnery, she brought the notes back, and I put them in the same place that I had them out of—I dare say it was three weeks, or a little better, after I lost them when the prisoner left me—two gentlemen came to my house, Mr. Jackson was one—I sent for them about three weeks after I lost my money—I had given no information before that night to any one living on the face of the earth—I had my health in that three weeks; but I am such a cripple that I cannot go across the room—I sent this woman to fetch Mr. Jackson to make my will, and when he and Dr. McKinlay came, I told them of my loss—the prisoner let them in; I said to them, "Will you give this woman a cottage to live in, rent free, and I give her 20l. a year?"—after the prisoner had let them out, she said, "Dsaly, I am going to leave you; I leave you to-morrow morning"—the next morning, before I was up, she came and said I might come and search her box if I liked—I told her no, I did not wish it—she had not said anything about leaving before that night—I told the gentlemen I had lost the money, but I did not say any more about it—the prisoner heard that—every word of it—they did not say a word in her presence about making inquiry about it—I got these
notes at Woolwich, of a roan I let a public house to, twenty or thirty years after I made my fortune there—he wrote a letter to me, saying, "I am but poorly, I wish you to come and take your money"—those five 100l. notes were paid to me by Forgarty—I had no other 100l. note—I might have had them four or five months.
PHILIP FORGARTY . I am a retired publican, residing at Plumstead, in Kent. I paid 500l., in five notes, to Mr. Daly on 23rd Nov., 1852—I do not know the numbers of the notes—I got them from Robarts and Co., No. 15, Lombard-street—they were paid there, in exchange for a check of my own for 550l.—the other 50l. I had 10l. notes for—Mr. Dan by was the clerk who gave me them.
ROBERT DANBY . I am cashier, at Robarts and Co. I paid a check to Forgarty on 22nd Nov., 1852—I do not recollect paying him, but I have an entry of it in the book in my own handwriting—by looking at this entry I can refresh my memory sufficiently to say that it was paid—here is the entry—I have no recollection of the transaction independently of the book—I can only say that I paid certain notes for a certain check; I do not remember paying these notes at all—by looking at this book, these notes must bare been paid for that check—from the fact of my having made this entry that must have been the case—those notes were paid on that occasion by me.
COURT. Q. All you can say is, "This is my genuine handwriting, and I am sure I should not have entered this unless I had paid the notes?" A. Yes; but independently of seeing this, I have no recollection whatever—I am sure I should not have entered this unless I had paid the notes—it was for a check for 550l., drawn by Seager and Co.—I paid five 100l. notes, numbers 66042 to 66046 inclusive, dated 10th May, 1852—I paid them on 22nd Nov., 1852, and I paid the 50l. in five 10l. notes—that was the only check of that amount paid that day by me.
GEORGE TOSH . I am shopman to Mr. White, a provision merchant, Not, 10 and 11, East Smithfield. I was in his employ on 5th August—I remember some one coming to our shop that day to apply for a passage to New York—we are agents for ships—it was a woman—I cannot swear to the prisoner—if that woman were here that applied for the passage I should know her—I believe the prisoner is not the woman—I received from the woman who did come a 100l. note—I had to give her change—I obtained the change for it at the Bank of England—I gave her the change the same day—I had to deduct out of it about 54l. for the passage of a person—47l. 10d. went to the credit of the ship—that party sailed in the Hendrick Hudson—I took it on account of that ship—I paid much money for passages in that same ship—I paid that 47l. 10d. alone to Mr. White—when I gave the change to the woman, she left—I saw her again—on Saturday morning, 6th August, she came to my employer's in company with a man and a woman, who I am sure was not the prisoner—on that 6th August there were some provisions bought—I gave a ticket for them to the same person that I received the 100l. note from—this is the ticket (produced)—it is "9l. 17d. 6d. on account of provision in the ship Hendrick Hudson, for J. B. White. George Tosh."
JOHN BALLINOALL WHITE . I am a provision merchant, and master of the last witness. I received a 100l. note from him on 5th August—I wrote my name across it, and sent it to the Bank of England (looking at it)—I am certain this is the note I received from my assistant—I can swear I did not write my name across any other note that day—it is No. 66042, dated 10th May, 1852, for 100l.—I took passages on board the Hendrick Hudson—our habit is to take the money and pay it over to the captain—the money for
many more passengers beside this one—the names of the passengers are taken and entered in a book—we hand over to the captain the money—the captain takes the money, and gives the receipt in the regular way—the receipt is merely given for the money—the contract is printed—it went with the ship.
COURT. Q. It was on 5th August the note was given and changed? A. Yes; the provision was bought on 6th August—they had two casks; one is here.
GEORGE MORRIS SUTTON . I am shopman to Mr. Williams, a linendraper, of New Brentford; that is about a mile from Isleworth. I know the prisoner—on 18th July, she came to the shop and bought some calico—she presented in payment a 100l. note, and asked if we could change it—I consulted with Mr. Pierce, and asked the prisoner from whom she received it; she said from a Mr. some one of Woolwich, or Wandsworth, I cannot recollect which—Mr. Pierce asked where she lived; she said she lived at Isleworth—I stood by—she told me she had been to the Savings-bank to attempt to get change, but they were not yet opened—this was about 10 o'clock in the morning—she told me she had other money if we could not change that; I had the note in my band during this conversation—I took it to Mr. Pierce, and consulted with him whether we should change it or not—she was asked her name; she said Mrs. Dale, or Daly, and Mr. Pierce wrote that on the note—I gave it to the cashier, and Mr. Pierce told the woman we could not change it then, hot if she sent for it in the evening, about 7 o'clock, we might be able to do it—she was quite agreeable to that, and left it in our hands and went away—the amount of her purchase was 16d. 9d.
MR. METCALFE. Q. Did you see any other notes? A. I did not; she said she had other money, that was gold; but afterwards she said that was not the only note she had to that amount.
MR. BALLANTINE. Q. Did you see her twice? A. Only once, about 10 o'clock in the morning, on 18th July—I am positive she is the woman—I had never seen her before, to my knowledge—there was no necessity for my talking with Mr. Pierce or Mr. Gooch as to whether the prisoner was the woman—we have talked about the case, but not about her identity; they have not expressed the slightest doubt about her identity—I saw her next at the police court in the crowd, and picked her out.
COURT. Q. Did anybody come with her when she first came? A. Yes; a woman—I saw that woman again on the same evening—neither the note nor the change was given to that woman—I did not see the prisoner more than once at our establishment, but I saw her twice at the police court—the woman who came with the prisoner paid for the goods with a sovereign on the evening of that day—I did not see the 100l. note given to the prisoner.
WILLIAM PIERCE . I am shopman to Mr. Williams, a linendraper, of New Brentford. I saw the prisoner at my master's shop on 18th July, between 10 and 11 o'clock in the morning; there was a woman with her—I saw her at the counter purchasing goods—the last witness showed me a 100l. Bank note while the prisoner was there—I went to the prisoner, and asked if she would tell me where she got the note from; she told me from Mr. Forgarty, of Woolwich, a retired publican—I asked her name and address; she told me Mrs. Dale, or Daly, I will not be positive which, of Isleworth—I am quite positive the name she gave was not Hayley—the note was in the cashier's possession—I wrote the prisoner's name and address on it, and the day of the
month—I agreed to change the note for her—I promised her, if she would send in the evening she should have the change—she left it with the cashier—I did not see any other 100l. note that day, nor any other note whatever—I did not see the prisoner again that day; I saw the note again on the following night, at 9 o'clock—the prisoner sent for the change on the evening of 18th July—the woman came who was with her in the morning; the change was not given to that woman—we sent the note that day to the Savings-bank about 12 o'clock, and obtained the change—when the other woman called in the evening, we refused to give her the change—on the following day, the prisoner called about 9 o'clock in the evening—I gave her the same note myself—my employer is treasurer of the Savings-bank; the bank box comes to our house—I got the same 100l. note from the treasurer's sister-in-law, and gave it to the prisoner myself—I did not give her the change, as I was doubtful of taking the responsibility on myself.
CHARLES GOOCH . I am in the employ of Mr. Williams. On 1st July I saw the 100l. note—I did not see the prisoner—I took the note for change—I afterwards saw it paid back to this woman—this note, which comes from the Bank of England, is not the note I had—it was in my possession about an hour; I did not take the number.
COURT to WILLIAM PIERCE. Q. Do you remember whether the amount of the note was mentioned in her presence? A. The young man came to me for change for a 100l. note—I went back, and told her we could not change the note—she made the remark that I need not be mistrustful, and pulled out of her pocket three more 100l. notes—I will not say positively whether she mentioned the amount, or whether anything was said about the amount of them—all I remember is her saying I need not mistrust her, and she showed three other notes for 100l. each.
COURT to GEORGE MORRIS SUTTON. Q. Do you remember whether at any time, in the course of this conversation, the amount of the note was mentioned? A. Yes, she mentioned it herself; she said could I change her a 100l. note?.
JOHN POOL (police-sergeant, T 12). I went to Mr. Daly's house, at Isleworth, about three months ago, as near as can be; I cannot tell the date nearer than that—I asked Mr. Daly, in the prisoner's presence, to give me an account of what he had been robbed of—he said, "Oh, it is gone; let it go"—I then left, as he would not give me any information—I afterwards, from other information, obtained a warrant for the apprehension of the prisoner, on 10th Aug.—I proceeded to Spithead to a ship, the Hendrick Hudson, and apprehended the prisoner on board—I told her it was for stealing five 100l. notes from Mr. Daly, of Isleworth—she said she knew nothing about them—I searched her, and her box—I found this ticket in one side of her purse, and 10d. 6d. in the other side—she said, "I have given 22l. to a man of the name of Rook for my passage, my daughter's passage, and my brother's passage—she did not say where Rook lived—I knew very well where he lived; he was living, as one may say, next door to Mr. Daly, in the same lane, and he was on board the vessel at the same time, with several more from the same locality—there was a young woman on board; I do not know her name—I found nothing in the prisoner's box but clothes.
COURT. Q. Do you know who Rook was? A. Yes, a labouring man—he worked at the Cement-mill, at Isleworth, within two doors of Mr. Daly—the prisoner's daughter lived along with Rook—she is about twelve or thirteen years old.
MR. BALLANTINE to ROBERT DANBY. Q. You have vouched the numbers of the notes from an entry in this hook; has any alteration been made in this book? A. Yes, in the date—in the first instance I entered 10th Jan., and I found that I bad copied the date wrong at the police office at Brentford—I had to look through my books to find what the date was—I referred to the book in which was stated when we got the notes from the Bank of England—I made an extract here when we received the notes—I am anxious to state this, to show that the entry is correct.
COURT. Q. At the police-office you were told of it? A. Yes; I was there told of my error, and I set it right at home—I searched other books, and corrected it.
MR. BALLANTINE to MICHAEL DALY. Q. What is the name of your daughter? A. Margaret; she is married; her name now is Meredith—she was in the room a while ago, she and one of her children—whether she is here now I cannot say—I do not know whether Mr. Jackson is an attorney—he got my will done—he was present, and Mr. M'Kinlay—I told them this woman should have 20l. a year, and live rent free—I did that in her presence—I did not when she was gone—I intended to leave her that—if I had not, I would not have promised her—she is a wicked, bad woman—I never allowed her to go by my name in my life—I am sure I did not give her these notes—I must be out of my mind if I did—I really think she was with me on 18th July, but I have got the worst memory in the world—I go to bed between 7 and 8 o'clock, and get up between 6 and 7 o'clock—for two or three weeks before she left me I do not think she was ever away after 8 o'clock in the morning—if she did I would bring her to account; she had no business out—she left me on Sunday morning—she remained in my house after the discovery of the loss of the money—I remember a policeman coming to my house—the prisoner was then in my service, and after that; I cannot tell how long—I know Rook—that very man was a tenant of mine—she used to rail against him.
COURT. Q. Who used to market for you, and to go out for things? A. She did; I always gave her money—the would have to go out for things—I very seldom went out.
COURT to JOHN POOL. Q. You say that on 10th Aug. you were on board the ship, and took her into custody; how long before that were you at the old gentleman's house? A. It was nearly two months before that; I cannot tell the exact date; I cannot tell when I got the first information that induced me to go—I received the information in the first instance from one of the constables, but when I went to apprehend the prisoner I got the information from another party.
GUILTY . Aged 32.— Judgment Respited.
THIRD COURT, Wednesday, September 21st, 1853.
Before Mr. Common Serjeant and the Seventh Jury.
to go out for two hours, she was to return at 9 o'clock—she did not return and I went into the bed room occupied by her and the other servant who was at home, and found between the mattrass and palliasse this ribbon bow (produced)—I left it there—the prisoner came back next morning, and I discharged her—as she was leaving she told me I could look in her bundle I did so, but found nothing—I then asked to look in her pocket, she said, I have no pocket"—I saw she had a pocket in her dress for it was partly open, and I looked in and found the same ribbon—I called in a policeman, and gave her in charge—I searched the lodging where she said she had been the night before, a policeman was with me—I found in the pocket of the dress which she had on when she left my house the night before, this piece of ribbon (produced)—it exactly matches this piece which I have brought, and has been cut off with a knife.
Cross-examined by MR. PAYNE. Q. How many people are there in your husband's employ? A. At the time the prisoner left there were six; I am a milliner—I know the gown she went away in, because she always wore it—it was a cotton gown, and I saw her leave—she had not got it on when she came next morning—her aunt gave it up, and said it was hers, and I knew it—when I went to the lodging there were three dozen Irish people in the room, it was a low place.
BENJAMIN THORNE (policeman, 39 D.). I took the prisoner, she said she lived at No. 11, Orchard-place—she was asked where she was the night previous, she said at No. 15, Orchard-place, on the ground floor—I went there with Mrs. Edwards and found a gown, she put her hand in the pocket and found the ribbon produced.
NOT GUILTY .
GUILTY , and received good characters.— Confined Two Months each.
(There was another indictment against the prisoners, upon which MR. COOPER for the prosecution, offered no evidence.)
MR. PAYNE conducted the Prosecution.
GEORGE CLARK . I am a butcher, and I also keep the White Horse public house at North Ockendon, Essex; I have a little land. On Thursday 7th July, I purchased some poled Scotch heifers for 88l. 15d. of Mr. Watson, in Gravesend cattle market—I employed the prisoner to take them by train to Woolwich, and drive them to save expence from there to Smithfield to Messrs. Wolton and Eve, salesmen, to whom I had employed him to take cattle on former occasions—I did not see the prisoner again till next evening Friday the 8th about 5 o'clock, when he came to my house at North Ockendon—I asked him whether the heifers were sold—he said, No George, there is wonderful bad trade as you will see by the paper; I had them turned out on Plaistow Marshes, I was only offered 16l. 10d. for them"—I said, "It is very foolish of you, Thomas; they will waste like dew, being stall fed"—he said, "They will not hurt, they will be all right; they will go to Smithfield again on Monday"—I saw no more of him till the following Wednesday at Romford market; I then said, "Are the heifers sold, Thomas?"—he said, "They were sold on Monday, and your money lies at Mr. Pocklington's"—that is a Smithfield banker, I do not keep an account there—I asked him who 1 was to apply to for it, he said, "Playford"—I said, "I thought I
told you to take them to Wolton and Eve; "he said, "Oh, Play ford is a very good salesman"—I had given him no authority to sell them himself, he was to take them to Wolton and Eve, and take his money at the book as he bad done before—I have never seen the beasts since or the money.
Cross-examined by MR. PARRY. Q. Where were you when you gave the heifers up to the prisoner? A. At the Three Crowns, at Gravesend—I was drinking there; it is no use to go there without you do drink—I drank a little wine, and what I drank I paid for—I know a man named Cumbers too well—he was with me, and rode home with me by my invitation, and if I was to see you, I should give you a ride—I dare say I might drink half a pint of wine that day, that is as much as I did; a bottle would not hurt me much—I did not drink two or three bottles of wine myself—I had been drinking part of two or three bottles of wine with Cumbers and other men, which I paid for—I was perfectly sober; that I swear—I am generally sober, I have not been drunk for some years—I gave Cumbers the money to pay for the beasts; he did not buy them—he has not bought beasts for me before; I have advanced him money to buy for himself, and have had neither interest or principal—Cumbers and I were never in partnership for the sale of beasts—he has sold beasts for me, but I never had the money—the heifers were sold on 8th July, and I saw the prisoner on the following day, and on the Wednesday also—I gave him into custody on a Monday—I cannot say when I saw him after the Wednesday.
Q. Between that Wednesday when you saw him the second time, and the time you gave him into custody, how often did you see him at Romford? A. Several times at Romford and elsewhere—I cannot say whether I saw him as much as twenty times.
Q. He knew you did not bank at Pocklington's? A. That made no difference; I went there on the Thursday after the Wednesday that I saw him—I did not find my money there, or else I should not have troubled you here—I did not give him into custody between the 7th or 8th July and 15th Aug., when I saw him, because I always give a man lenity; that was my reason; I always consider a man's wife and family—he had not told me he had sold the heifers and paid the money to Cumbers; he told me he did not know what had become of him—Cumbers did not come to me and tell me that the prisoner had paid him the money; I deny it—Cumbers did not come to me at Romford, and tell me that the prisoner had paid him the money, he used very bad language to me on the Wednesday; both of them did—that was because I asked them for the money.
Q. Why did you ask them for the money when he had told you it was at Pocklington's? A. Because I was well aware that he was telling me an untruth; they used language unfit to mention in Court.
Q. Did not you ask Cumbers for the money? A. Yes, certainly, both of them; Cumbers had nothing to do with me whatever; I did not ask him for the money, I asked Haydon, and Cumbers said, "Go away with you," and I asked him about some sheep on the marsh.
Q. Did you ask Cumbers where the money was, and did not he tell you he had got it, and he should keep it till there was a settlement of accounts between you? A. No; I swear he said no such thing—the sheep on the marsh was not a joint transaction between me and Cumbers; he said there were five turned out, he had taken some to London, and brought me 16l. back, that was all, and there were five sheep left, which cost me 31l.—we had not bought some lambs and sheep between us—they were not the same sheep—I never in ray life agreed to go into partnership with Cumbers for the purchase
and sale of beasts, nor were these heifers purchased on that footing—Cumbers never at any time asked me for a settlement of accounts; I have asked him many times; I want a great deal of money of him—he claims 3l. I think of me; I have got his bill—he does not claim money of me on the partnership transaction, there never was one, and I never received a shilling of him in my life.
Q. Did not you say, when he asked you for a settlement, that you knew two or three lawyers, and would give them a job? A. He never asked me—I swear the prisoner did not tell me, on the Wednesday, in Romford, market, that Cumbers had got the money—Cumbers has not come to my house several times for the purpose of getting a settlement—I keep a public house—I mean to say I have got a license from the Magistrates—I have got a license so far as I sell spirits—I hold a license now—it has not been taken away by the Magistrates exactly—it has been suspended for a month—I am not obliged to answer such questions as when it was suspended—I am not ashamed of the matter, there is nothing to be ashamed of—it is only suspended, that is all—no Magistrates have taken it away for bad conduct—I was before the Magistrates on the licensing day—I have never in my life been summoned for anything improper; I mean to represent that—I have never been summoned for having disorderly and improper people in my house—I never served liquors on a Sunday—I was summoned for beer; one Sunday I gave a barber a pint of beer who shaved me.
Q. Did not you tell those gentlemen just now you never were summoned before a Magistrate? A. I never was; I was here; yesterday was the day I was summoned, but I did not attend because I was here—I have never been summoned before for serving liquors on a Sunday—I was summoned to attend yesterday, and that was the first time, I swear it, for these thirty years and more, I might say.
MR. PAYNE. Q. There is a good deal of money owing to you by Cumbers? A. Yes—there was never any partnership between us, no farther than if I chose to give him anything—he had nothing whatever to do with the heifers; I bought them, paid for them, and employed the prisoner—had he kept the profit, it would not have mattered; I mean I should not have thought so much of it; but he kept the principal—if there were a settlement of accounts, I should not owe Cumbers any money—I owe him 3l., and he owes me 188l. 2d. 5d., besides two cows and five sheep—I have been about thirty years a publican, and was never summoned till yesterday, nor my father before me—I bought the heifers of Watson.
CHARLES WATSON . I am a cattle salesman, residing at Stroud. I attended Gravesend-market on 7th July—I had some Scotch heifers there, and sold five of them to Mr. Clark, after some dispute about the price, for 81l. 15d.; they were 17l. 15d. each—I received the money from a roan named Cumbers—the prisoner bought no beasts of me at all.
Cross-examined. Q. You had never known Clark or Cumbers before? A. Not Clark; I had seen Cumbers once before, at Tilbury Fort Market—Mr. Clark disputed the price, 17l. 15s., and wanted to give me less—Cumbers did not come to look at them after that; he came to pay for them; but it was an open market, and he could see them—Clark said he had only agreed to give 17l., and I said 17l. 15d.—Cumbers came and paid me half an hour or an hour after—I do not know who took them away; when I got the money I had nothing more to do with them.
Smithfield-market—he told me be had sold five beasts to Mr. Playford, and said, "I bought them at Gravesend-market for 17l. 15d. each"—the beasts were there; they were poled Scotch heifers—Playford is a dealer, residing in Norfolk.
Cross-examined. Q. Do you know Clark? A. Yes; I have seen him drank very often—I have known the prisoner fourteen years, during the whole of which time he has borne a fair and honourable character—he is entrusted with beasts a great deal; he has sent beasts to me to sell—it is not uncommon in Smithfield to have partnerships; one man has money, and another judgment, and they go together—it was supposed that Cumbers and Clark were in partnership for the sale of beasts—I have seen the prisoner and Cumbers in more than one instance selling beasts together, but not Clark and Cumbers—Cumbers has sold beasts to me.
Cross-examined. Q. What is the practice of payment on the book, when cattle are bought and sold; is there such an expression? A. Yes, the money is placed to the account of the party who sells the cattle—I cannot say whether the money for these heifers was paid into our bank—Playford is a customer of ours—I cannot say whether Mr. Playford paid the prisoner at our bank; we paid him some money on that day—a third party was with him.
MR. PAYNE. Q. If he was paid at your place he went away with the money? A. Yes; the money we paid to Playford was 92l. 10s., and some other person was with him—I do not recollect whether the prisoner was with him.
SAMUEL SPECK (City policeman, 35). From information I received I took the prisoner at the Barley Mow, in Smithfield-market, on Monday, 15th Aug.—I said, "Haydon, you are charged with stealing these five heifers; you must go with me to No. 2," meaning the station in Smithfield—in going across he said, "It is a bad job; I sold them, and Cambers had part"—I found on him 34l. 6d. 8 3/4 d. (produced).
Cross-examined. Q. You were examined more than twice at the police court? A. Three times—I told him he was charged with stealing five heifers, the property of Mr. Clark, of North Ockendon—he did not say, I sold them in Smithfield-market, and Cumbers was with me"—(the witness's deposition stated, I sold them in Smithfield-market, and Cumbers was with me"—he said, "Cumbers had part"—it must have been a misapprehension of what I said—(the witness's deposition, taken on the third examination, stated, "Cumbers was with me, and had part of the money")—I do not recollect saying that he said that, because I have got the very words that passed put down in my pocket book (produced)—(read: "Thomas Haydon says he sold them in the market, and Cumbers had part")—I had this pocket book on the first examination, and I mean to say that I said that on the first examination.
Q. How comes it that you only said it on the third occasion, by the depositions? A. I cannot answer for the clerk—I do not attack Mr. Wood—I did say on the third occasion that I had something to add, and then made that statement—that was because I found that it was not down on the depositions, but I stated it the first time too—Mr. Hobler's
clerk attended on the second and third examinations; I beard him cross-examine Mr. Clark about Cumbers—it was not after that that I made that addition to the statement—I heard the cross-examination.
MR. PAYNE. Q. Did you put down the words that Haydon said just after you took him? A. I wrote them down at the time; I can produce a witness who saw me write it—I believe the prisoner was present—I wrote it in the dock, at the Smithfield station, when it was fresh in my memory—I stated just the same thing on my first examination, but the object was to get a remand.
WILLIAM COOMBES . I am an innkeeper, of Gravesend; I keep the Three Crowns. I was present on 7th July, when Mr. Clark handed Cumbers 88l. 15d.—there was a 50l. note and another note, but I do not know whether that was a 20l. note or not—I do not know whether Mr. Clark was sober; I do not think there was any difference in him—he had just come into my house.
Cross-examined. Q. Have you seen Clark and Cumbers at your house before? A. Yes, six or eight times—I have not seen money pass between them before—they came across the water—I was over the water at the time they came over.
Witnesses for the Defence.
ALFRED CUMBERS . I reside at Romford, in Essex—I have been engaged in cattle driving fifteen years, ever since I was twelve years old—I have a brother at Romford; he is a drover and dealer, and so am I—I have known Mr. Clark five or six years—he has known me as a drover and dealer in cattle occasionally—I have been in a sort of partnership with him ever since 10th March last, the nature of which was buying and selling; buying together and dividing the profits—there was no deed—it was a verbal arrangement—it was made coming from Tilbury-fort Market—I told him I had 100l., and he said he had 700l. or 800l. lying doing nothing, and we went on dealing together—Mr. Clark kept a public house; it is a beer shop now; he has lost his license—I consider myself a judge of cattle—I used to buy all the cattle, at least Mr. Clark used to come and take my opinion before he bought; but he bought very few—the first market we attended was Salisbury; we travelled together—we bought twenty-six beasts there—the next was Romsey fair, where Haydon was with us—Haydon was aware we were in partnership, we both told him so, and we agreed to give him five shillings a day and his travelling expenses—we bought eight beasts and a cart at Romsey market—we have been at other fairs, and have purchased altogether 172 beasts—Mr. Clark took me to look at these beasts in Gravesend market—there was some dispute about the price, but ultimately I was of opinion that they were worth 17l. 15d.—I laid them at 18l. a piece—(they were sold at Smith field at 15d. profit)—I received the money from Mr. Clark to pay for them, and I paid the money myself to Watson, at the Three Crowns—Mr. Clark had been drinking very freely that day—I have seen him frequently drinking freely—there was also a transaction that day of eight lambs and a sheep; Mr. Clark paid 5l. towards them, and I paid 4l.—I directed a man named Tollust to take the whole lot together, sheep and beasts, to the railroad, and load them—Mr. dark told me he should want me to go home with him that afternoon, because Haydon was going up the water, and I went home with Mr. Clark—he told me if I was not up soon enough by the mail train in the morning, that Haydon was to sell the heifers—there was an object in getting up early; there are better buyers between 3 and 4 o'clock in the morning, and
I told John Young, a drover, in Mr. Clark's presence, to tell my brother that there were five heifers coming by the rail, and he was to send for them, and if I was not up in time enough in the morning, Tom Hay don was to sell them—Clark heard that message; we were all sitting together—I think there were seven or eight bottles of wine ordered by Mr. Clark; there were four or five persons partook of it—I did not get up to Smithfield till between 9 and 10 o'clock that morning—I saw the prisoner; he told me he had sold the beasts, and at 12 o'clock in the day he gave me the money, 92l. 10d.; that was on Friday, 8th July—I saw Mr. Clark again on the Saturday; be asked me what had been done with the heifers? I said, "Did not Tom tellyouwhen he came home with his horse last night?" he said "No; I was so drunk, I do not know what he said"—this was the very next day after they were sold—on that same Saturday morning, I asked Mr. Clark to come to a settlement, and pulled my book out—he said he was so very busy he could not settle to day, I must call again another day—I had had no settlement with him since we began, on 10th March—I have applied to him for a settlement—I have been at his house five or six different days, and waited all day for a settlement—on this Saturday I stayed at his house till 2 o'clock, and then went to Mr. Cocks to look at some sheep, but did not buy them, and coming back I told Mr. Clark I should keep the money till he came to a settlement; he said he should see all about that on the Wednesday—on the Wednesday I met him again at Romford market; Haydon was with me—Mr. Clark asked for the money; I said I would not deliver it up till he came to some settlement—there was a quarrel—he said he had got two lawyers who wanted a job, and he should set them to work—after that, some stranger called on roe from him; I do not know who he was—he asked me what I knew about the heifers—there was a quarrel and strong language on that occasion between Clark and me, and a lot of people came about—I have seen Clark since, and so has Haydon—he never gave Haydon into custody till 15th August—Clark never came near me after we fell out, but I saw him afterwards at the fairs for four or five weeks—when I have asked for the accounts, he has asked me to bring my book, and I brought it—I am still willing to come to a settlement—I claim money from him.
Cross-examined by MR. PAYNE. Q. Do you mean to say you can make out, in any honest way, that Mr. Clark owes you money now; that you do not owe him more than he owes yon; if you were to settle now, should not you owe him 180l.? A. He owes me money; about 32l., which I have paid—I had only 100l., but there is the profit on the things—he always took the money of me on Wednesday night—I paid him the money on previous occasions—I got a good deal of money from him before I got the 99l.; I had 271l. once to go to Southampton—I do not know that I owe him a great deal; he will not come to a settlement—the keep of things came to about 20l. altogether.
Q. Has not he been the person to find the money, and you the judgment? A. Yes; but sometimes I paid—I paid whatever the things came to—I did not tell him in March I had only 20l.; I told him I had 100l.—I have not bought stock lately to the amount of 200l. or 300l.; I have only bought four bulls since we fell out.
MR. PARRY. Q. Is it perfectly true that it was an honest and bond fide partnership? A. Yes; ray only object in retaining the money was to force Mr. Clark to a settlement.
Gravesend station by Cumbers' directions—I have often seen him and Clark together, attending fairs and markets.
JOHN YOUNG . I remember seeing Mr. Clark and Cumbers together it Gravesend—I have known them attending fairs together—I have heard Cumbers say that Clark had made an arrangement with him—I have not beard Clark say so—I was directed to take a message to Cumbers' brother, to tell him to take the beasts from the rail to Smithfield Market, and Haydon was to sell them if Cumbers was not there—I took that message that very night to his brother.
NOT GUILTY .
GUILTY . Aged 24.— Confined Six Months.
(There were two other indictments against the prisoner.)
MR. CAARTEN conducted the Prosecution.
PETER MELLISH . I am a case maker, of No. 106, Wardour-street. I know Kelsey—on 21st Aug. he had been in my employ about ten days, or a fortnight—he worked on my premises—I do not know Ford—I have a stable is Newman's-mews, Oxford-street, between 200 and 300 yards from my premises—on 31st Aug., about 9 o'clock in the evening, I had a mare safe in the stable—the stable door was locked, but the wicket gate of the coach house was not locked—it could be opened by anybody acquainted with the premises, by putting a small instrument through it could be unlatched—there is a communication between the coach house and the stable—Kelsey worked in my workshop, which was over the stable—one of my men made a communication to me next morning, and about a quarter of an hour after that a policeman came; I went with him to the Green Yard, nearly opposite Drury-lane Theatre, where I was shown my mare—there was no marks on the stable or coach house door—I found the stable door shut and locked—the man who came to me is not here.
ELI JONES (City policeman, 221). On Tuesday night, 31st Aug., about 12 o'clock, I was on duty in Smithfield, and saw Ford leading a mare, and Kelsey about twenty yards behind him, both going towards Long-lane—Ford said, pointing to Kelsey, and in his hearing, "I give that man in charge for horse stealing"—Kelsey said he knew nothing of the horse, and he had not seen Ford before that night—Ford said that they had changed Clothes, and had been both together and stolen the horse—Kelsey said he did not know anything of the horse, and had not seen it before—I took it to the Green Yard, and afterwards showed it to Mr. Mellish—I took the prisoners into custody.
JOHN FORD (the prisoner). I am a stable man. I have known Kelsey about a month or six weeks—I knew him here last Session—I did not know him to be in the service of Mr. Mellish—on 30th or 31st Aug. I saw him at the bottom of Holborn-hill, by the Anchor public-house, Farringdon-street; I was going there, and so was he—we had some conversation in the house, and then went outside—he said he could get a horse if he knew where to dispose of it—I said he could dispose of it in Whitecross-street—he asked me if I would go with him, and I said I would—he did not say where—we went into another public-house, and he asked me if I had a knife—I said, No"—he said he must have a knife or a chisel, as anything of that kind would
open the door, which had a latch—in going from Smithfield-market he bought a small half-inch chisel, for 3d.—he mentioned the street where the door was which he wanted to open, but I do not know where it was—he said, "You go through a yard, and there is a sort of coach-house, which leads into the stable"—I went with him as far as the yard, but I did not go up the yard—it was in Castle-street, up near Oxford-street—I am a stranger there—he went first to open the door, and came back and said there was somebody in the stable, and we must wait till it was later—it was then 10 o'clock, or half-past—we went to a public-house close by, and remained there till a quarter or half-past 11 o'clock—I then went with him as far as the yard, but I could not see any stable or coach-house, as it Was rather dark—he went up the yard, came back, said the door was open, and I went in—he asked me if I had any matches—I said, "Yes"—I went into the coach-house, and from there into the stable—I saw nothing to divide the stable from the coach-house: there might have been a door, but it was dark—there was not a wall between the two, that I saw; the coach-house and stable were one building—he turned the gas on, and I got a light—there was a bay mare tied up in the stable—Kelsey helped me to put the harness on, and we took her away to Smithfield; he walked alongside of me to the gate, and then walked a-head—he wanted three parts of the price we were to get for her, because he had all the trouble, and was responsible, working on the premises—I did not agree to that; I did not say anything till I gave him in charge; I did so because I was sorry that I had anything to do in it—I saw a door in the stable wall; I do not know where it went to—he told me there was a workshop there, and that be worked there for a person named Mellish.
Kelsey's Defence. What Ford states is quite false; I met him, and he asked me to buy some pawn tickets of stolen property; I said, "No;" he afterwards said, "I have nothing to do; is there any chance of getting a horse?" I told him where the horse was, and he went away and brought it—I saw it, and said I would have nothing to do with it; he had my hat and coat on; I said, "Give me my hat and coat, and I will go;" he said, If you do not take care I will turn round upon you in a moment."
KELSEY— GUILTY .* Aged 20.— Confined Eighteen Months.
FORD*—Aged 32.— Confined Twelve Month.
MR. O'BRIEN conducted the Prosecution.
GUILTY . Aged 24.—Strongly recommended to mercy by the Jury.— Judgment Respited.
OLD COURT.—Thursday, September 22nd, 1853.
PRESENT—Mr. Baron MARTIN; Mr. Justice CROMPTON; Mr. Ald. HOOPER; and Mr. Ald. FARNCOMR.
Before Mr. Justice Crompton and the First Jury.
MR. O'BRIEN conducted the Prosecution.
LOUISA AMBROSE . I live at No. 40, Lower Whitecross-street, in the second floor back room. The prisoner and her husband occupied the second floor front room—I knew the deceased child—it was three or four months
old—on Wednesday, 13th Aug., the prisoner's sister came to me—I went with her to the prisoner's room, and there found the child dead—it was lying on the foot of the bed, covered with a lot of dirty rags—there was no one in the room—it had been left by itself a great many times from 11 o'clock in the morning till 7 or 8 o'clock at night, when the father has come home, and one and fetched the mother—that has occurred a great many times—I have heard the child cry when it has been so left, and I have gone to it several times—I knew the prisoner by lodging in the house—I did not know of the child's being ill at all—the sister of the prisoner who called me is a married woman.
Cross-examined by MR. COOPER. Q. How long before you saw the child dead had you last seen it? A. Not for a week or more—I cannot say anything about the state of its health at that time—I do not know whether it was a weak looking child—I cannot say whether the mother was scrofulous—I am a binder by business—I am not a married woman, but I am as good as one—my door is generally open when I am at work—I can see what passes—the prisoner is a trowsers maker—she has to run about for work, and carry it home, and get the materials—she has a daughter, but she is married—she has a boy five or six years old—I do not know what her husband is—he is out at work from morning till night—he has been in work ever since I knew him—the door of the prisoner's room is generally shut, and there is a padlock on the door—I did not say on going to the Inquest that I knew nothing about the matter, and did not know what to say.
ELLEN WHEATON . I knew the deceased child—it was given to me on 11th Aug.—the father sent down to me to ask if I would suckle it—I was in bed at the time—I got up, and went and took the child—the prisoner was not there—it was about half past 10 o'clock at night—I kept the child until the Saturday, and then took it to Dr. Lloyd, in Basinghall-street—he said it was sinking—I went to the station, and an officer went with me, and found the prisoner in a public house in Golden-lane, about 3 o'clock in the afternoon—I kept the child until the following Tuesday—it was then given up to the mother—when it was first brought to me it was not capable of taking nourishment from me as another child would—it improved a great deal while it was with me—I did not see it after the Tuesday until it was dead—that was the Wednesday week after—it was then lying on the bed in the prisoner's room—I had been up in their room several times before the Thursday when it was given to me, and have suckled it—the prisoner was not there when I went—one day I went about 2 o'clock—there was no one in the room then but the little boy, four or five years old—the child was lying on the bed crying—I gave it the breast—I should say that I have gone there, and found it alone, and suckled it, two or three days a week, for about a fortnight before it was given to me on the Thursday—I did not then observe that the child was ill—it was very delicate.
Cross-examined. Q. How many children have you had? A. Only one, and one I took in to nurse—I do not know much about nursing children—I know that the milk of some mothers disagrees—if a woman's mind is troubled it influences the milk; and consequently often disagrees with the child—it would be very prejudicial to a sickly child—the mixing of milks is not good for a child—I have not seen scrofulous children—the prisoner was an industrious woman when she was at home—this has only lately come to her—she has seemed altered in her mind and disposition lately—she seemed kind to the little boy as far as I saw, and seemed a kindly disposed woman.
Aug., between 2 and 3 o'clock, Mrs. Wheaton came to me at the station, with the child—in consequence of what she stated we went in search of the prisoner—we found her at the William the Fourth public house, Golden-lane, about five o'clock in the afternoon—she was drunk—I kept her in custody—she was taken before the Alderman at Guildhall on the following Monday, and kept till Tuesday, and again remanded till Friday—in consequence of an examination of the prisoner by the authorities of the prison, to see if she could afford nourishment to the child, it was given up to her on the Tuesday—she remained with it in the prison till the Friday—I left her that day outside Guildhall-gate, waiting for her husband—I did not see the child again till the Wednesday following—I went to the house, and found it dead—that was about 4 o'clock in the afternoon—the child was in a very dirty state, lying naked on the bed—I went in search of the prisoner—I found her in Redcross-street, just coming from Golden-lane, where the public house is—the was excited by drink, but was not so bad as she was when I took her into custody before—I said to her, "The child is dead, I understand?"—she said, yes, she knew it—she said it died in the morning, but did not specify any time—she was taken to the station, but not detained—I went and fetched her husband from where he was at work, at Charing-cross, and brought him to the station while she was there—she said in his presence that the child had had some wine, and he corroborated the statement, and said that he himself had bought it.
JOHN COKER . I am the brother of the deceased child, his name was William Coker, he was about three months old—I was out all day at work—on the Monday previous to the Wednesday on which the child died, I came home about 7 o'clock in the evening—I found the child on the bed—there was no one with it in the house—my father came home about 9 o'clock—he went out and returned with my mother a little after 10 o'clock; the child was quite quiet during this time—next evening when I came home, I saw my mother nursing the child, that was at 12 o'clock on Tuesday night—I left to go to my work about a quarter to 8 o'clock next morning—the child was then dead—I saw it on the bed that morning—no one told me it was dead before I saw it—my mother was at home—I do not know at what time it died.
Cross-examined. Q. You have seen your mother with the child, I suppose, when you have been at home? A. Yes; she was kind to it—she showed all the love to it that a mother generally does—she worked as a tailoress—she had to go out in a hurry for things that she wanted, her time at home was quite uncertain—she had to buy materials, make the things, and take them home—she has been poorly lately—I have seen her suckle the child sometimes, and have heard it cry out after as if in pain, it always appeared delicate from the first, it was weakly and puking.
THOMAS LLOYD . I am a surgeon, and reside in Basinghall-street. The deceased child was brought to me by Mrs. Wheaton, on Saturday, 13th Aug., it was in a state of extreme exhaustion, proceeding partly from the diseased condition of the child, and partly from want of nourishment; it was affected with scrofula—that is frequently a result of want of nourishment—I saw it again the next day, the 14th, it was still in the charge of Mrs. Wheaton, it appeared very much better next day—I saw it again on Monday, and the improvement continued—I did not see it afterwards till it was dead, on Wednesday, 24th Aug., and on the following day I made a post mortem examination—the child generally was very much emaciated, and the mesenteric glands were enlarged, showing the evidence of scrofula, but not in an advanced
stage—the stomach contained a small quantity of fluid, apparently wine mixed with milk—the structure of the stomach was healthy, and the organs generally, but small—the mesenteric are the glands by which the food carried into the system passes—a child affected by scrofula requires a more frequent supply of nourishment—I attribute the immediate cause of death to a want of a proper supply of nourishment—I think it would ultimately have died of the disease, but it was not so far advanced as to be the immediate cause of death.
Cross-examined. Q. I suppose in consequence of the scrofula attacking the mesenteric glands, sufficient nutriment was not taken up into the system? A. The child required a more frequent supply in consequence of that disease—all women's milk is not equally nourishing—a good deal will depend not only upon the state of mind of the woman at the time, but also upon the food she takes, a deficiency in the quantity or quality of the milk might cause the want of nutriment—the scrofula in this case was no doubt inherited, the stomach was not much swollen—I had no opportunity of examining the mother—scrofula would influence the milk—the disease in the child was quite in an incipient state—as the disease advances it generally produces a great deal of irritability, but it goes on to a considerable extent before it produces death—that would depend upon the strength or weakness of the child.
COURT. Q. I understand you to say, that when the milk was changed the child began to get better? A. It improved—if it exhibited symptoms of pain after taking the mother's milk, it would be a sign that it was unwholesome.
NOT GUILTY .
MESSRS. METCALFE and GIFFARD conducted the Prosecution.
ELIZA EVANS . I am single, and live at No. 5, Glasshouse-street, White-chapel; I knew the deceased Julia Looney. On Sunday 21st Aug., I was sitting with her and two or three other women in Glasshouse-buildings, between 2 and 3 o'clock in the day—the prisoner came up—she attempted to put her finger into Looney's eye, and said, "You b—y young b—h, I owe it to you"—Looney said, "Do you?"—the prisoner struck her on the shoulder, and Looney resented the blow back again and hit her on the shoulder—they fought together, and the prisoner dragged Looney by the hair of her head from one side of the road to the other—I perceived that the prisoner was too much for Looney, and I parted them—Looney directly took up a handful of mud out of the gutter and dropped it on the prisoner's frock, she had on a new frock and white stockings—the prisoner was very vexed and said, "You b—y young we, I will be the death of you!"—she stooped down and picked up a handful of mud, but what was in it I do not know—she threw it at Looney, and it went on her head—I went to wipe the dirt off her head, and it was bleeding very much indeed—she had no bonnet on—she was taken into No. 5, Glasshouse-buildings—I saw her on the Tuesday following at Spitalfields workhouse, the same day that she died, and I saw her dead on the Wednesday.
Cross-examined by MR. O'BRIEN. Q. How many of you were there? A. Five; it was not above two or three minutes after I had parted them that the deceased threw the mud at the prisoner—it dirtied the frock very much—she did not run away after she had done it, she stood there and then
the prisoner took up some mud from the gutter and flung it at her, the gutter was close along side of her, she just stepped off the pavement to it.
ALFRED RICHARDSON . I am a surgeon, and live in Church-lane, White-chapel. On Monday, 22nd Aug., I was called to attend Julia Looney—I found her suffering from a great deal of inflammatory fever—I did not see her after death.
ALEXANDER MUNDELL CHAMPNEYS . I am a surgeon. I examined the body of the deceased—she died from the formation of matter on the surface of the brain, beneath the dura mater—that exactly corresponded with an external wound on the vertex of the head.
ALFRED RICHARDSON re-examined. I saw a wound on the top of her bead, it appeared to have been recently inflicted—it was not bleeding then, it was a very unhealthy-looking sore—it might have been inflicted the day before, but I should scarcely think it could have assumed that appearance in so short a time—my opinion certainly is that it could not.
NOT GUILTY .
1007. FREDERICK HERBERT , feloniously forging and uttering an order for the payment of 32l. 10s.; also one other order for the payment of 22l., with intent to defraud, having been previously convicted of felony: to which he pleaded
GUILTY . Aged 41.— Transported for Fourteen Years.
MR. O'BRIEN conducted the Prosecution.
BENJAMIN WATTS . I am a licensed victualler, carrying on business at the Admiral Keppel, at Brompton. On Friday, 26th Aug., I was on a cab passing through Tower-hill—there were three boxes on the cab—one of them contained a gold watch and some wearing apparel, belonging to my daughter—I had seen the gold watch in it—no one was inside the cab, I was sitting outside with the driver—when we got to the turning to go down to the steam boat, I missed the box—we had then got about twenty yards past the Mint—I was sitting alongside the driver—my wife, daughter, and sister-in-law, were in another cab, and I was watching to see it they were coming the same road—the cab had not been left standing, we were going on at the full trot—on missing the box I immediately jumped down, and went to the sentry opposite the Mint—in consequence of what he said to me I went for a policeman, and I went up Rosemary-lane by myself, and told all the policemen up Rosemary-lane, and asked every person I met if they bad seen the box—I was not present when the prisoner was taken—I have never seen the box, or any of its contents since.
CHARLES WILLIAMS . I am a private, in the 1st regiment of Grenadier Guards. I was on guard at the Mint on Friday, 26th Aug., and about 9 o'clock in the evening I saw a cab driving past the Mint; I cannot say how many boxes there were upon it; there were some—I saw a man behind the cab, standing on the springs of the cab, and I saw him take a box off the cab—that was while it was going on—he was there before the cab got in front of me—he pulled the box down behind as he was standing on the springs, and brought it from the centre of the road on to the kerb-stone, about three or four yards from where I was on duty—he stopped there about a minute, or a couple of minutes, and a man and woman then came up, and he asked the man if he would give him a lift up with the box—he did so, and he then took
it into Queen-street—I do not know Rosemary-lane—the prisoner is the person that I saw take the box from the cab—I am quite sure he is the man—I had never seen him before that night—I should say it was about ten minutes, or from that to a quarter of an hour after seeing the prisoner take the box, that I saw Mr. Watts—the prisoner was dressed in a black hat and black coat and waistcoat—I afterwards went with the policeman to the Blue Boar public-house—that was about half-past 11 o'clock—I there saw the prisoner drinking with three or four others in front of the bar; there were plenty more in the house—I said to the policeman, "That is the man that took the box"—he was dressed then as he was when he took the box—I have not the least doubt in the world that he is the man.
Cross-examined by MR. LILLEY. Q. What time had you gone on duty on this night? A. At 8 o'clock; it was about 9 o'clock when I saw the man take the box—I was on sentry from 8 till 10 o'clock, at the guard-room door—you can hear the Mint clock there, but there is such a noise just at that time, I did not hear the clock—it was about 9—the cab was going along at a trotting pace; it had been raining very fast, but it had left off then; it rained very fast afterwards, when I went to the public-house—the cab was close to where I was on sentry; it is not above four yards right into the centre of the road; it was just opposite my sentry-box that the man got down—it was not dark, not but what any one could take notice—the man was dressed in a black hat and a black coat—I cannot say how many men I had seen that day in black hats and black coats, but I noticed the prisoner—he was standing in front of me—I did not give any alarm when I saw this, because I did not think for a moment that he had stolen it—I thought he had put it on the cab to get a lift on the road—I did not think there was anything wrong in it—there was nothing to draw my particular attention to it—I have been eleven years in the Guards—when I went into the Blue Boar I saw the prisoner standing in front of the bar—there were three or four men standing, drinking with him—I did not see any other man there with a black coat and hat—I did not look for any other man; I knew the man that had taken the box—there were no other men there like the man I saw—it was raining at the time I went in—I did not notice whether the prisoner's coat was wet or not—I cannot undertake to say whether it was wet or not.
MR. O'BRIEN. Q. You say it was light; were the lamps lighted? A. Yes; there was a lamp just opposite.
COURT. Q. Then was it by the lamplight that you saw him? A. No, it was not that light that enabled me to see.
THOMAS TOWNSEND (policeman, H 54). I first heard of the robbery at a few minutes past 9 o'clock, and about half past 11 o'clock I went with Williams into the Blue Boar public house, in Rosemary-lane; that is about 150 yards from the Mint—Queen-street is not above 50 yards from the Mint—you would go up Queen-street to go from the Mint to Rosemary-lane—I had seen the prisoner, about a quarter past 11 o'clock that night, standing at the corner of Princes-street, which is the opposite corner of Rosemary-lane to the Blue Boar, just across the street—he went into the Blue Boar directly after—there were six or seven of them together, and one of them I knew—I sent for the soldier, and told him to go in and look round and see if there was any one there that he knew—I went in with him—he looked round, pointed out the prisoner, and said, "That is the man; I could swear to him from a thousand"—the prisoner was standing by the side of the bar, with his elbow down; I took hold of him—he asked me what I was taking him for—I told him for stealing a box off a cab this evening, just by the Mint—he said,
It is the first time I was ever accused of anything of the sort; it is not very likely I should do that, for I was going down to Liverpool in the morning"—when we got to the station I searched him, and found five tickets relating to where he was going to be chairman on the following Monday night, at a raffle in Rosemary-lane; this is one of them—(read—"To be disposed of, a cost, the property of James Stirling, at the White Hart and Fountain, Rosemary-lane, on Monday night Edward Wilcox, Chairman. Tickets, 6d. Music provided.")
Cross-examined. Q. Are you sure you tent for the soldier at all? A. Yes; I did not send for the prosecutor—he had been to the station—I did not go after another person on this charge—I am quite sure of that—I received no information that induced me to go after anybody else—I sent for the soldier, because I saw six or seven men go into the Blue Boar, and knew one of them to be a convicted thief—I have been six years in the police.
MARCUS CULVER (policeman, H 182). I was not examined before the Magistrate—I recollect Friday night, 26th Aug.—I beard of this robbery about 9 o'clock, as I came on night duty—I was then coming along Rosemary-lane—at half past 9 o'clock, there was a fight took place between two dock labourers, at the top of Queen-street; a number of persons were assembled round, and I saw the prisoner standing on the footpath, looking on at the fight—I did not see him on any other occasion that night.
Cross-examined. Q. How do you know this was at half past 9 o'clock? A. Because I had been only a short time on my beat, and had only been twice round; it takes me about ten minutes to go round my beat—it was not more than half past 9 o'clock, I am positive.
MR. LILLEY called the following Witnesses for the Defence.
HENRY BLANEY . I am barman at the Blue Boar, Sparrow-corner. I know the prisoner personally; I have known him nearly three years—I remember the evening of 26th Aug. quite well—I was engaged in the bar all the evening—I saw the prisoner in the house, and was talking to him—he came in at 8 o'clock, and stopped with his back against the beer engine for about an hour, reading the newspaper—I then touched him on the shoulder, sod asked him how he was going to manage about taking his wife to Liverpool with him—he told me he should stop down there about three weeks, till he was able to turn himself round, and then he should send up to London for her—my mistress then came into the bar, and looked very angry at me for gossipping; she told me I had better look after my customers—I then left the prisoner, and went about my business, and bustled about the bar—the prisoner still remained at the bar, with his back against the beer engine—I saw him still there at half past 10 o'clock, when I left the bar and went to bed.
COURT. Q. You saw him from time to time, did you? A. Yes; till half past 10 o'clock, we have a clock in our bar—it was about 9 o'clock when I was talking to him.
Cross-examined by MR. O'BRIEN. Q. It was just at 9 o'clock that you touched him on the shoulder, was it? A. About 9 o'clock—I was looking at the clock every minute, for I was keeping a little watch right—it was within a few minutes of 9 o'clock either way, I cannot say exactly—I was conversing with him about half an hour, as near as I can guess—we are rather slack on a Friday night—I am the only barman there—I cannot say how many persons there were in the bar at the time, I did not take particular notice—people come in and take a drop of beer, and go out again; there was no one serving but myself—I saw the prisoner there from time to time
from 8 o'clock up to half past 10 o'clock—he was not out of ray sight five minutes any part of that time—I did not miss him at all, he stood with his back against the bar the whole of the night, he did not go out at all, he did not leave the bar; I did not miss him out of the bar from 8 o'clock till half past 10 o'clock—I do not see how he could have gone out without my missing him; there was no one else there to serve him but me, and I did not leave the bar a moment from 7 o'clock—I will take my oath that be certainly did not go out of the bar.
COURT. Q. Neither he or you went out of the bar all the time; A. Neither he or I went out of the bar that evening, till I went to bed.
MARY HARDING . I am the wife of Peter Harding, I have lived at No. 5, Princes-street, Sparrow-corner, nearly fifteen years—I have known the prisoner all that time—I never knew him to be in for any indecent action in his life; I always found him to be honest—on Friday evening, 26th Aug., I was at the Blue Boar, I was standing at the door under the shed, from the rain—I went there at half past 7 o'clock, and stood there till the London Dock bell rang for 9 o'clock, or it might be five minutes past; about 8 or 10 minutes past 9 o'clock I moved just inside the door, I held the door in my hand, and called the prisoner from the bar where he was speaking to the barman; I told him if my husband came while I ran up as far as my door, to run as far as my place and let me know; he did not come—I blew out the candle and put on some coals, and ran back again—I had been at the public house door from half past 7 o'clock, and looked in to see what time it was, and saw the prisoner reading the newspaper, that was at half past 7 o'clock—I often looked in after that, but the chap was either reading or talking to some one in front of the place, while I stood there—there are two front doors, one leads out to the corner of Princes-street, and the other to Rosemary-lane—I stood at the one at the top of Princes-street, facing Queen-street—I could see both doors from where I stood—I did not see the prisoner come out into the street while I was standing there; if be had come out, I should have seen him—when I looked in he was reading the newspaper, with his elbow on the bar, or speaking to some more chaps inside.
Cross-examined. Q. He was reading the newspaper when you first looked in at half past 7 o'clock? A. Yes; I saw the clock then—I looked in to see what time it was; I remained there till 9 o'clock, occasionally looking in at the clock, and the prisoner—my house is the fourth door up the street—it rained very heavily the early part of the night, but it got lighter between the showers—I did not go home, because I expected my husband might call in at Mrs. Keymer's, as I expected he had some money from one of the steamboats where he was working—he had not come at 9 o'clock—I then ran home to see that the children and the candle were all right—I had left the fire alight at half past 7 o'clock, but not the candle, all I did was to put on some coals; I remained it might be about ten minutes—I then went back to the same place, and stood in the doorway again; I looked in to see if my husband was there, and the prisoner shook his head, he did not come out; I merely put my head in at the door, and asked if my husband had come there, and he shook his head—he had the newspaper in his hand, but he was talking to some chap at the time—I cannot tell how many persons there were at the bar when I looked in at 9 o'clock, they kept coming and going, I did not trouble about them, I was waiting for my husband—there might be twenty persons pass where I stood—I cannot tell how many there were there when I came back again; there were a good many, more than a dozen, but I cannot tell the number—I stood there until we were surrounded by the police,
and the soldier—my husband had not come then; I remained outside all the time—my husband came up in charge of two policemen, drunk, and I left the Blue Boar then—I did not hear of any fight in the street while I was standing there, before the policeman came up.
MR. LILLEY. Q. Did you see the prisoner when you looked into the house at 10 minutes past 9 o'clock? A. Yes; I noticed his dress—it was not wet from the rain, it seemed quite dry.
LUCY KEYMER . I am landlady of the Blue Boar. I have known the prisoner seven years—his character for honesty has been very good—I can speak as to his being in my house on the night the robbery was committed—I saw him come in at a quarter to 8 o'clock, and he stood at the bar till 25 minutes to 10 o'clock—I was at the bar when the policeman came in, at about 20 minutes past 11 o'clock.
Cross-examined. Q. Have you had any conversation outside with the person behind my friend while this trial has been going on? A. No; I did not see him—my brother was outside with me; he was in Court during the first part of the trial, and came out—he was in here when the soldier was examined, and they sent him out.
COURT. Q. Did the prisoner go out at 20 minutes to 10 o'clock? A. I left the bar then, and came back at half past 10 o'clock, and was there when he was apprehended.
MR. O'BRIEN. Q. You were not before the Magistrate, I believe? A. No; I was at the bar when the prisoner came in at a quarter to 8 o'clock—I spoke to him—I looked at the clock at the time—he asked me if I wanted the newspaper—he was reading it at the time—he was talking to Blaney about going to Liverpool, and I was cross with Blaney, and told him I thought he was talking too much—that was at a quarter to 8 o'clock—he was talking to Blaney till I left the bar—it was after 8 o'clock that I was cross with Blaney, that was about 5 minutes to 9 o'clock—it was a quarter to 8 o'clock when I went into the bar—he had been talking to him some time, and that detained me in the bar, and I told him I did not like so muck talk—he was serving and talking—I cannot tell when they began talking; they were talking when I came into the bar at a quarter to 8 o'clock, and I spoke to him about 5 minutes to 9; the clock had not struck 9—I saw the prisoner there up to that time—I stopped in the bar until 25 minutes to 10 o'clock, and the prisoner was still there, with his back against the counter—he could not have gone out without my seeing him, during the time I was in the bar—he went to the door once, a woman called him—he was not there half a minute, and he returned back again; he did not go out—there were about a dozen persons at the bar at that time—he was about half a minute talking to the girl—there were more than a dozen persons at the bar at that time—there were about a dozen when the policeman took him out—it was a very slack evening, and very wet—I believe there were two women there.
MR. LILLEY. Q. When you went into the bar at a quarter to 8 o'clock, was the prisoner there? A. He was, with his back to the counter.
COURT. Q. Was Blaney talking to him so early as a quarter to 8 o'clock? A. He was talking to him during the time I was in the bar till I spoke to him; he was talking to him at a quarter to 8 o'clock, and serving him at the same time, as he was standing against the beer engine—he remained talking to him on and off till I left the bar—it was about 9 o'clock when I was cross with him; it might have been a few minutes before.
(Moss Allen, a cigar maker, of No. 3, Princes-court, Drury-lane, also gave the prisoner a good character.)
NOT GUILTY .
NEW COURT.—Thursday, September 22nd, 1853.
Before Mr. Recorder and the Sixth Jury.
GUILTY . Aged 22.— Confined Four Months.
GUILTY . Aged 15.— Judgment Respited.
Before Mr. Baron Martin.
MR. COOPER conducted the Prosecution.
WILLIAM PODGER . I am one of the firm of Kidd and Podger, and live at Shad well; we carry on business as millers. Legerton was in our employ as foreman, and he had the whole charge of the flour and the mill—it was his duty to see everything brought into the mill correctly, and delivered out, and to make entries of flour and offal sold—we had a servant at the mill named Day—at the latter end of July, Day made a communication to me—on 12th or 13th Aug. he made another communication to me—in consequence of that, I went to the house of Digby, about 6 or 7 o'clock in the evening—I went into the shop; he was behind the counter; he is a pork butcher—I asked him if he had not been to Shad well mill on the preceding day—he said he was there—I asked him to show me his ticket for what be brought away—he looked about in a few places, and on the shelves in the shop, and said, "I cannot find it; it is gone to the wash in my coat pocket"—I asked him what he did bring away—he said so many bushels of sweepings—I asked him what he brought away the second load—he told me so many bushels of sweepings again—I asked him if he had brought away any flour—he said, "No"—I said, "Are you certain you brought away no flour"—he said, "Yes, I am certain: so help me God, I did not"—I then said, "It is no use for you to deny having brought away the flour; you can very well remember if you did bring it away"—he replied, "I did not bring away any yesterday; I brought away one sack about a fortnight ago"—I went into the back premises, and saw some flour on a form in a sack—I looked at it—of course I could not swear to flour, it was not in our sack—I asked him who he got that from—he said, "From Mr. Cooper"—I asked him if he would allow me to search the premises to see if I could find the sack—he consented, and I found an empty sack of ours in an outhouse, where he keeps his pig—I told him that that was the sack he brought away yesterday, for it was a new one—he still denied it, but after some considerable time he acknowledged it—before he did that, I told him it was no use to deny it, because Day saw the flour put into his cart—he then said, "Well, it is no use for me to deny it; I did bring away a sack of flour, for which I paid 41d."—the price of a sack of flour was 41d.—I have the book here in which it was the duty of Legerton
to make an entry of the flour sold—here is no entry whatever of any flour sold to Digby in July or August.
COURT. Q. Ought there to have been an entry in Legerton's book if any money had been received? A. Yes.
Cross-examined by MR. BALLANTINE. Q. Legerton was entitled to sell flour? A. Yes, and take the money for it, and account for it; it would have been a great irregularity if he had given credit for it without my authority—I bad not given him authority to give credit to Digby—I had no knowledge of Digby, I never saw the man before in my life—the goods sold and paid for are entered in a book by themselves—if they are not paid for, they are entered in another book, which is not here.
Cross-examined by MR. CLARKSON. Q. How long had Legerton been in the service of the firm? A. Upwards of twelve months, as foreman, and manager, and confidential person—we have two mills—I live at the mill at Shadwell; my partner lives at the other—Legerton had the sale of the flour and the middlings, and what we dealt in—he was in the habit of making entries according to my prices—I said to Digby, "It is no use for you to deny it, because my man saw it go; you had better tell me the whole truth."
WILLIAM DAY . I am in the service of Messrs. Kidd and Podger. It is my duty to be at the mill at Shadwell—I was there in July and August—I recollect, in July, Digby came to the mill with a horse and cart—he had three quarters of middlings, and a sack of flour—I was standing at the mill door, Legerton put part of the middlings into the cart, and he put in a sack of flour and Digby covered it over with another empty sack—I then saw him go away—I made a communication to my master—in consequence of that I afterwards watched, and Digby came again on 12th Aug., and I saw him take away thirty-four bushels of sweepings and a sack of flour in a new sack—I have seen the sack that was found in Digby's house—I could not swear it was the same sack that was taken from the mill, but I believe it was—Legerton put part of the sweepings in the cart on 12th Aug., I do not know who put in the rest—I saw the sack of flour put in—it was covered over; the sweepings were not—I saw Digby go away—he came again the same day, and bought some more sweepings.
COURT to MR. PODGER. Q. Where is the book in which the entry of these two sacks of flour ought to be? A. This is it (produced)—here is entered on 29th July, three quarters of coarse middlings, 3l. 12d.—there is no entry of any sack of flour—if that flour had been sold by Legerton and paid for, there ought to have been an entry—if it had been sold and not paid for, it would have been entered in another book, which is not here.
NOT GUILTY .
MR. PARRY conducted the Prosecution.
JOHN GORE . I was second mate on board the Lady Flora, I left Melbourne in her, there were passengers with us—I assisted in shipping three tons and a half of gold—Simpson and Branchett were passengers—we put into Rio—I had conversation with Simpson about the gold—there was gambling on board to a great extent, I had lost a considerable sum of money
—I know Simpson had lost money—he had deposited with a man of the name of Lucas, before the mast, a check on the Bank of Australia, in London and raised about 70l. on it—Simpson mentioned to me about the gold dust one day, about half past 10 o'clock—it might be five or six weeks before we got to Rio—he told me he had been an old smuggler; and after some conversation he said the ship might be taken, and the gold too, very well—it was agreed between us that we should plunder the ship to the amount of 2,000 ounces of gold, enough to make our fortune—he said it would be requisite to have another party, and there was one he could recommend of the name of Bryan—that was all that passed at that time—two or three days after, on the last dog watch from 6 to 8 o'clock, I was on my watch, and Simpson and Bryan came up—Simpson introduced me to Bryan, and Bryan said he had been thinking of the thing himself—it was agreed to, that he would be one of the party—before we got to Rio, as I was walking across the forecastle, Simpson said Crawcour was a fly kid, and we could not get it well up without having him in the matter—he said there was not a move on the board, they lived in the cabin right over the gold—after passing a few words I went to Crawcour, and told him, in Simpson's presence, that there was gold below—he said, "Do you know how it is stowed?"—it was agreed that we should go down and have an understanding, and it was agreed for the three to rob the ship as soon as we got into Rio—I was to get the gold out of the hold, and Simpson would go down and inspect to see how the gold was stowed—he and I went down, and he said a plank could be taken out without noise—there was a communication between the cabin that Crawcour and Branchett occupied and the lazaretto where the gold was—when we got to Rio, all the passengers went on shore—I went on shore—I came on board the ship again, and went on shore the next morning—I stopped on shore till Tuesday; and about 5 o'clock that night I was in a hotel, Crawcour came in and Simpson with him—I asked them if they bad got the gold—they said no—Crawcour called me outside, and Simpson came after—Crawcour gave me the key of his chest, and told me when I had got the gold to put it in his chest and lock it again—I went on board the ship on Wednesday afternoon, Crawcour came on board—he put his hand on my shoulder, and said, "Now is the time"—(the captain had found fault with me for going on shore, and said he did not consider me any longer as second mate)—when Crawcour said, "Now is the chance"—I went down, fully intending to take the gold—when I went down to Crawcour's cabin, I found Branchett there—an arrangement had been made that Crawcour was to keep them in conversation on the deck that we might not be disturbed—when I saw Branchett there, I found, after some time, that he knew as much about the robbery as I did myself—I and he struck a light, and went down where the gold was—we went down into the lazaretto—we put a box against the door, that no one could come in the cabin without our having time to get out of the lazaretto—I took a small chisel out of my pocket and pointed to a batten which could be forced, and then the plank was easily taken out—I did not stop to see the batten forced—I came up, and very soon after the large box was handed up to me, and shortly after the small one—we put the gold in Crawcour's chest, and locked it—I came on deck—I told Crawcour that the gold was got—he said, "Very well; all right, my boy"—we went to the gangway, and Simpson came on board the ship with a boat—there was only him and the man who belonged to the boat—I was sitting on a harness chest—I went and told him we had got the gold, and he asked me to come and have a glass of grog—the mate and doctor were by the harness chest where I
had been sitting—Simpson said he was going on shore again with some dirty clothes—he went and got his carpet bag—I gave him the key, and be went to Crawcour's chest and unlocked it—he took the big box out, and said it was too heavy, it would burst the carpet bag—he then took the small one, and I was to open the large one while he was gone—he and Crawcour went on shore, and I was going on shore, but the mate told me I had better stop, I had got into trouble—the next day Crawcour came on board, he brought me sixty sovereigns—he said he had sold seventy ounces—he had sold as much as he could; be could not give me more, he had not got more—the next day I and Branchett broke open the other box, and there were three bags of gold—I gave one to Branchett; he said it would be too much to take on shore all at once—he took one bag out himself, and said he would have nothing to do with the rest—he took the bag in a large cotton handkerchief, and went on shore, and came back and told me he had sold it, and got 150 sovereigns and upwards for it—the remainder of the gold was put in Crawcour's chest—one bag was put into Branchett's bed, or under it—he put it away; I did not see it after it was put away—after I came to England, Branchett told me he hove it away among the cotton bales—he was afraid of being searched for it—there was cotton or wool on board the ship—Crawcour came on board the ship on Saturday, I think about 11 o'clock—the gold was missed, I think, on Friday night—when Crawcour came on board on Saturday, I told him before several of them that gold had been missed—he took the remaining bag, lapped it up in a handkerchief, and took it over the side, but I believe before he did take it he went in the cabin and had some words with the captain, and told him he would not go home in the ship—Branchett said he was afraid of its being discovered, and he threw it amongst the bales of wool—I would not believe he had done such a thing—he told me that I should have 150l. when I came to England—I arrived in England about 2nd March—I arrived in a man-of-war, a prisoner, but when I got my freedom it was 2nd March—I was bound to appear in 100l.—after I arrived I went to Bough ton, in Kent, to see Branchett—I went there three times, I think, and once he came up to London to me, the last time—I saw him at Boughton the first time—I went to his house, and his wife took us through the fields, and we found him standing talking to a man that was working in the fields—I did not say anything to him about money; he asked me to come and have a glass of grog—we went to an hotel or beer shop—I asked him for money—he offered me 20l. at first—I told him I would not take it; I said I wanted 150l.—he said he hove away the half bag of gold, and he had been living very extravagantly; he had been drinking very hard, and he bad very little money left—he wanted me to take 20l.; I said I would not take 20l., I wanted 150l.—I got 30l. from him then, and the next day I got 40l. more from him; that was 70l.; he said that was the half of what he bad—when he offered me 20l., and I would not take it, we left the beer shop and went to his house, and he told me that I knew very well that Simpson had the greatest portion of it, and he would give me Simpson's direction—I went down again, and he would not give me any more money—after stopping a few hours, I came up to London again—he afterwards came to London, and brought his wife—he gave me 10l., and told me where Simpson was, and offered his services to go and find him—I went from London to Ipswich—then to Colchester, and then to Liverpool—Branchett did not go with me—he went down home, I believe—I did not find Simpson—I am now under conviction for using Simpson's name, a charge of false pretences.
Cross-examined by MR. BALLAKTINE. Q. You were charged with obtaining money by false pretences, and were convicted, and this man was the principal
witness against you on that occasion? A. No; the Bank was the principal witness—the Solicitor told me be could not get over the Bank—he employed counsel, and the counsel told me he could not get over the Bank—I have no doubt this man was a witness against me, and I was convicted though I knew all the time that he was concerned in this robbery.
Cross-examined by MR. METCALFE. Q. Your share in this plunder was to be 150l.? A. I was to have one-third—150l. was promised me—all the gold dust was sold at Rio, with the exception of some nuggets—I never saw any of it sold—the large box contained 115 ozs.—they only sold 60 oza.—the reason why they did not sell the rest was because the other pieces were large, and might be identified.
MR. PARRY. Q. Before you were tried at Liverpool, had you mentioned all about this? A. Yes; I was examined at Winchester, against Crawcour—I then stated all the circumstances of this robbery, mentioning Simpson's name—that was four weeks before I was tried.
RICHARD BRANCHETT . I live at Dunkeith, near Canterbury, and am a fruiterer—I am cousin of the prisoner Branchett—I know Gore; I have seen him at the Three Squirrels, at Boughton—the prisoner Branchett was there—Gore asked him to come out, and said he wanted to speak to him—Branchett told him to say what he had got to say there, before his face, he should not go out—Gore said he should not, he wanted him to go out—nothing more passed between them—I have not seen them together more than once—I asked Branchett what made Gore come after him, and he said that he thought he had got some of the gold dust that the ship was robbed of, and he said he had not—he said be found a bag under his bed, and he did not keep it, he threw it over some wool bags.
WILLIAM RYDER . I have followed no profession since I have been at borne—I was a passenger on board the Lady Flora—I shipped 110 ozs. of gold—I have lost it—I remember being at Rio, and the robbery being discovered—at that time I saw Simpson, both before and after the robbery—before the robbery I noticed him packing his dirty clothes in a bag—I do not know whether he went on shore that night or the next morning—I know Gore, the second mate—I saw Simpson after the robbery, on the day we set sail—there was nothing occurred between him and the captain, to my knowledge—I lost 110 ozs. of gold, amongst which there were some nuggets varying in weight from 1 dwt. to 3/4 oz.—I have witnessed gambling on board—I have seen Simpson play, and Gore—I cannot say that I have seen Branchett play—I have seen Crawcour play; I have heard Simpson say he has lost, and I have heard him say he has won.
Cross-examined by MR. BALLANTINE. Q. Was there a person named Lucas on board? A. Yes; I know Simpson deposited a bag of gold with Lucas three or four weeks before we reached Rio.
Cross-examined by MR. METCALFE. Q. Most of the passengers had gold on board? A. Yes.
RICHARD WILLIAM SMITH . I keep the Three Squirrels, at Boughton. I know Branchett very well—I saw him at my house before last Christmas—he showed me a watch and chain—I know Gore—he came down to Boughton twice—he saw Branchett—they came to my tap-room, and quarrelled—Branchett said, "I will give you no more money; if I had known as much as I know now, I would not have given you what I have."
Cross-examined by MR. METCALFE. Q. Do you remember the night this was? A. No; Branchett came home in December, and I dare say it was a month or more after that when this conversation took place—the first
time he came, Gore brought a solicitor from Canterbury, and a superintendent of police, and two of his men, and they said "Do you know where Branchett lives?" and they went down to his house—the second time he came they had a quarrel—I heard Branchett say that the gold he had, he had got at the diggings.
GEORGE NORLET . I am a constable, residing at Dunkeith, near Canterbury—I know Branchett and Gore—I saw Gore at the Fox beershop on the 29th March—Gore and Branchett shook hands and drank together; and Branchett said "What do you want with me?" Gore said "Don't ask me that question, Branchett, you know what I want with you"—Gore invited him out—I heard no more of their conversation—I heard nothing about 20l.—I did not hear it from Branchett at any time—I am sure I don't remember any other conversation with these two men.
COURT. Q. Look at this deposition (the witness did so). Do you remember whether anything was said between Gore and Branchett about 20l.? A. No.
MR. PARRY. Q. Have you read what you are alleged to have said? A. Yes; I signed the depositions, they were not read over to me; and that statement I never made.
JOHN SHERWOOD . I am a silversmith and watchmaker at Feversham, about three miles from Bough ton—I saw Branchett at my shop about January last; he bought a wedding ring and paid me for it; and he had in his purse forty or fifty sovereigns, I suppose—I said "One would suppose you had just returned from Australia or California, seeing your purse so well lined"—he said "I am"—I asked if he had brought any gold home with him; he said he had—I asked him how much; he said "About sixty ounces"—I asked if he wanted to part with it; he said "Yes; what will you give for it?" I said it depended on the quality—I purchased sixty-one ounces of gold, and gave him 3l. 17d. an ounce—it was small nuggets; I suppose on the average not more than half a pennyweight each—there was one piece more than half an ounce—some weighed one pennyweight.
Cross-examined by MR. METCALFE. Q. You first proposed 3l. 10d. an ounce? A. Yes; thereabouts—I asked him to bring me a piece, and he did—I offered 3l. 15s., and he refused it—I ultimately paid him 3l. 17d.—he came twice—when I bought it, it was in the neighbourhood of Boughton.
GEORGE HORNZEE . I assisted in discharging the cargo of the Lady Flora—I found a bag of gold stowed in behind the bales of wool—I gave it to the foreman, and he delivered it over to the superintendent of the Docks.
THOMAS BALCHIN . I am a constable—I know Simpson—I was employed by him shortly before Christmas, in reference to a robbery upon him—I saw that he was possessed of a considerable sum of money—he had a great many sovereigns in a purse—I did not see any notes—he was robbed of a diamond ring, valued at 15l.
JAMES BRANNAN . I am a police inspector—I took Branchett into custody on 5th August, at Boughton—I asked him if his name was Henry Branchett; he said "Yes"—I told him I had a warrant against him for being concerned with others in stealing 580 ounces of gold dust, en board the ship Lady Flora, while lying under repair at Rio—I asked if he was a passenger; he said "Yes"—I said, "It is necessary to tell you I traced some gold dust from you to a jeweller's shop at Feversham—he said I sold some dust there"—on the Sunday following he asked me if I knew Daddy Appleby? I said Yes; I have heard of him"—he said He put fifty-seven ounces of gold in my pocket at Melbourne to take care of it"—
I said I traced to him sixty-one ounces of gold, sold to Mr. Sherwood at Feversham, for 234l. 17d.; he made no reply.
NOT GUILTY .
MESSRS. BALLANTINE and PARRY conducted the Prosecution;
MR. CLARKSON conducted the Defence.
(The particulars of this case were unfit for publication.)
GUILTY . Aged 14.— Transported for Life.
ANN PHIPPS . I know the prisoner. I was present on the 21st Oct., 1850, when he was married at St. Philip's Church, Bethnal Green, to Susanna Miller—I was a witness to the marriage, and signed the paper—they lived together after the marriage till last March—I then lost sight of them—his wife is now alive.
Prisoner. It was last Feb. that I left her. Witness. It was about Feb. or March—she was at my house, and you was with her.
LUCY WAITE . In Jan. last I was a widow, living in Wright's-row, St. George's in the East. I became acquainted with the prisoner in Jan. last—he was wearing a deep hatband at the time—he said he was a widower, with two children—he afterwards stated that he had been living with his deceased wife's sister, and that the two children were illegitimate—I continued my acquaintance with him till Aug.—on the 25th Aug. I was married to him at St. Mark's Church, Mary-street, Whitechapel—I lived with him afterwards as his wife till the 6th of this present month—in consequence of something I heard that evening, I went to a public house; I there saw a woman who claimed him as her husband—I told her he bad married me, and if she would be quiet I would give her a proper explanation—we had a proper explanation—she was very angry—the prisoner denied that she was his wife, and he wished to go home with me that night—I told him I could not allow it, while this woman claimed him as her husband—he went away, and I saw him no more till I gave him into custody.
Prisoner. One night I told you I was married. Witness. No, you did not—you said you would leave your course of life, and be an honest respectable man—I have letters in my pocket from you when you was at Bedford, and at Liverpool—you wrote word you would be glad to leave Liverpool—you came from Liverpool to marry me—I did not send to Liverpool for you, and send you money to come up; certainly not.
Prisoner's Defence. I was at work in Liverpool; she sent for me, and told me if I wished to come to London she would send me money to come, and she put up the banns herself in London, and sent me word that if I could not work her business would keep me, and it did not matter if I got a place if it was not so good wages; I had no money to be married with; she sent me money, and paid for it; she lived near where my wife lived when I went away; it would not have taken two minutes to have gone and inquired; she is not like a young girl that had never been married before; I was not aware that my wife was living.
GUILTY . Aged 40.— Confined Twelve Months.
Mr. PARRY conducted the Prosecution.
PAUL STORR . I carry on business as a wine and brandy merchant, in John-street, Crutched-friars, and have for nearly twenty years—the prisoner has been in my employ upwards of 16 years—he was my principal clerk and cashier—on Friday, 19th Aug., I was up stairs in my private counting house—in consequence of some investigation, I went down to the clerks' counting-house, where the prisoner sat—I asked him what might be my balance at my banker's at that time—he mentioned an amount that I do not remember—I fancied he was mistaken in the figures, and thinking he was incorrect, I took the rough pay-in book, the banker's book, the check book and the cash book up stairs with me, and on tracing the amounts that had been received by him, and paid in, to see whether they had been passed into the banker's—I found several of them missing—I copied the list off—I have not that list, it is destroyed—this sum of 27l. 6d. was one of the sums that was deficient—I went down to the prisoner again, and said, "You appear to have some amounts that you have not paid hi, why don't you pay them in?"—he made me no answer—I waited some time—I then spoke very loudly to him; "Do you hear me, Sir"—he passed out from the enclosure where his desk was, and came round to me, and seized me by the coat with both hands, and said, "For God's sake forgive me, Mr. Storr!"—I said, "You don't mean to say you have been robbing me?"—his reply was, "For God's sake forgive me"—I thrust him from me and went out, saying, "I have nothing to say to you"—I immediately gave the other clerk orders to lock up all the books, and the cash box—he did so, and gave me the key—I think the cash box was in the safe at the time, I will not be positive—I then left the house—on the following morning I went to the counting house about 11 o'clock; I found the prisoner there, he came up to me repeating the words he had said before, "For God's sake forgive me, if not for my sake, for that of my family?"—I replied, "I have nothing to say to you"—I left the counting house, and returned in half an hour—I found the prisoner had gone—I believe he was apprehended on Monday—I consulted my solicitor, Mr. Pinkerton, and what steps I took were under his advice—if the prisoner received moneys on my account, it was his duty to pay them into the bank most unquestionably, all of them—if he received instruction from me to pay money into the bank, it was his duty so to do most unquestionably—this 27l. 6d. was one of the deficiencies that I first discovered—this check (looking at it), has my signature—the body of it is in the prisoner's writing—it is for 247l. 15d. 6d., dated the 23rd Oct, on Glynn, Mills, and Co.—it was drawn for rum and wine duties—the Custom House do not take checks—it was the prisoner's habit to get them cashed, and another clerk paid the duty—I directed the prisoner to get this check cashed—I saw him afterwards, and he stated he had got the check cashed—the amount of the rum duty was 120l. 9d. 6d., and the wine duty was 127l. 6d., making together 247l. 15d. 6d.—I did not pay those moneys for them—I counteracted the order—looking at the payments I had to make, I said, "Don't pay that duty"—I told him to pay the money in again to the bankers—this is the rough pay-in bank book—all the sums that the-prisoner paid in it was his duty to enter in this book, the whole of them should appear here as they were paid in—on 25th Oct. here is paid in, rum duty, 120l. 9d. 6d., and on the 4th Nov. here is an item, wine duty, 100l. and that ought to have been 127l. 6d.—he has never in any way accounted to me for that 27l. 6d.—I have looked through this book carefully, to see whether any such payment has been made, and there has not—until 19th Aug., when I looked
and found these deficiencies, I was not at all aware that this sum had been retained by the prisoner—he never mentioned that nor the other sums—he had no right to retain that sum for any purpose whatever—he kept a petty cash book—since he left on 19th or 20th Aug., I have not been able to find that petty cash book—I have searched everywhere for it, and cannot find it—I was present at the Mansion House when notice was given to the prisoner to produce that book.
COURT. Q. Was he in the habit of making payments for you? A. Yes; he kept 30l. by him for that purpose—he always kept that amount in the house, and drew from it.
Cross-examined by MR. BALLANTINE. Q. I believe at the time the notice was given him he denied that he had a petty cash-book? A. I do not knot what the answer was, there was some answer—it was spoken in confidence to the Lord Mayor, and I did not hear it—here are the entries of these two sums, "Rum duty, 120l. 9d. 6d.; wine duty, 100l."—I was not partner with somebody else at that time—I had a partner—his name was Storey—the firm was Storey and Storr—Mr. Storey was the senior partner—his uncle had the business—I did not find the prisoner in his service—my partner died about three months since—at that time the prisoner was clerk, with a salary of 110l. a year—we had dissolved partnership about two years before my partner died—I retained the prisoner in the employ.
Q. He was to wind up the partnership affairs; there was some confusion? A. No, that was the mistake of the Lord Mayor—I kept the prisoner to post the books—he was to have his salary continued—his duties were even lighter, in consequence of the termination of the partnership bringing the accounts in a very small compass—he was in my employ first—he was paid by Mr. Storey and me jointly, to act in winding up the affairs—besides that, he attended to my business.
Q. Were there any wine duties due from you? A. Yes; those duties have not been paid at all—the check was differently prepared—I found my payments were more heavy than I anticipated, and I desired that the duties should not be paid—I did not desire that the notes he received should not be paid in at the banker's—I did not desire him to get other notes from the bank—I desired him to pay the money in again—I might have desired him to pay the money in at twice.
Q. What was it you really directed him to do? A. I said, "We will pay the money in; I see we can't easily spare it"—I said the second time, "I think you had better pay the wine duty in, and leave the rum duty"—that was all that I am aware of—I might have told him to pay it in at two payments—I did not authorize him to retain a small part of it—I gave him no authority, nor did I wish for or desire it—one portion was to be paid in by itself, the other to be paid in afterwards—he had got the cash from my bankers at that time—the cash was kept in his own tin, which he kept in hit desk—whatever money he received from me he had to put in the book, and it is acknowledged in the proper manner in this book, and the disbursement is not accounted for; he should have accounted for it in this red book, supposing it were not paid in.
COURT. Q. Does be credit himself with payments made to an amount exceeding this 27l.? A. No; in the cash book he accounts for it, but the assets are not forthcoming.
Q. Is more than 27l. after 23rd Oct. credited by him in this cash book? A. None but what are accounted for.
Q. Attend; you charge him with stealing 27l., that was the balance of
this check; have you ascertained that he may not have paid that, in current expenses, and only he deficient in that amount? A. No; he had money for current expenses.
MR. BALLANTINE. Q. This hook that has been produced accounts for the disposition of the money during the whole period that the hook represents? A. Yes; this is called the cash hook—there is a cash balance hook—it is here—this cash hook is open to my observation—I look over my hooks very often.
Q. How is it we have had no account of it from October last till now? A. Because he misrepresented the balance in hand.
Q. But how would the misrepresenting the balance in hand deceiveyouas to why this sum is not mentioned here? how is it you did not find it out? A. He represented there was a balance in hand, but when the books were examined these sums were missing, and this 27l. was among them—this 247l. 15d. 6d. ought to have been paid in two payments, and here is the book to show that it has not been done—the cash book does not represent the sums paid in—it is the credit given to cash—in this rough entry book there is no mention of it—the books were balanced by mis-statements.
Q. You say this-man was bound to pay in this 247l. in two sums; and if it was his duty to enter it, how is it that you did not observe that it was not entered? A. I did not observe it; I can tell that that 27l. has not been paid in by looking at this book with others, not from this book by itself—I bad the opportunity of looking at the other books, but I did not observe it.
Q. I find here the cash balance on 26th Oct., 1852; the cash in hand is 127l. 6s.: do you mean to represent that that is untrue? A. No; it is quite possible he might have had that—the money he received in the succeeding week, from 26th Oct. to 2nd Nov., was 101l. 5d. 6d., and the other 127l. 6d. brings it to 228l. 11d. 6d.; and in the cash balance book, on 2nd Nov., he represents that he had got 228l. 11d. 6d.—the cash in hand on 3rd Aug., 1853, was 83l. 15d. 6d.—I was exceedingly excited and angry—I spoke loudly; I do not know that it was violently—I do not know that I frightened him a good deal—I think he is about sixty years old—I did not threaten to bring in a whole regiment of policemen—I said I would have nothing to do with him—I did not say to Richard Sweeney, "If a parcel of policemen come here, point out to them Thomas Browning;" I said, "If a policeman comes in to inquire for him, point him out to him"—that was two days before he was taken—I do not live at that place—I am late in coming to business—I am a very great invalid—I have been for some time as late as 2 o'clock, I believe not later—during that time the prisoner had to disburse all the petty cash—I am married—my wife does not send in any little matters to be paid without I give leave—when little purchases were made, they were not paid by the prisoner without I gave him direction—if any one called before I went there, he would have told them to call again—it was not his habit to pay them—he informed me of the payments he made, and those payments which he had paid out of my money he drew a check for them, so as to keep his amount in hand—I have not known that he has taken his own wages out of the box, and repaid them when I have given him a check—I do not know that when I gave him a check for 10l., that he paid it in to answer a sum which he had drawn out for his own wages—he had not applied to me from time to time for his salary; he has applied to me for loans of money, which I have given him—he received his salary at my partner's death; he has not since—I have lent him about 40l.—his salary was 110l. a year.
COURT. Q. How much salary is due to him? A. Not quite three
months; and against that he is indebted to the estate in a considerable sum, the sums that have been advanced to him in the account currents.
MR. BALLANTINE. Q. How did you lend it him? A. At that time we were also connected with the hop trade; we were in the hop, and wine, and spirit trade, and he was anxious to speculate in a small parcel of hops—my partner permitted him to make a selection—he represented that he was to come into possession of money—he got the hops, and was not in a condition to pay for them, and a considerable loss was sustained by them—I call the money advanced for those hops a loan of money to him, but I lent him 40l. out of my own pocket since the death of my partner—his salary was paid from the joint estate, and the probate not being paid the assets could not be interfered with, and his salary in the mean time remained accruing, and at his request and for his comfort I lent him money.
COURT. Q. But was the money advanced for the hops deducted from his salary? A. No, he was paid his salary beside.
MR. BALLANTINE. Q. This hop transaction was ten years ago, was it not? A. Somewhere about eight years ago; I have not paid him any money in the last three months—I have lent him 40l. in checks—I do not know that in one check of 10l. be replaced money he was obliged to borrow in cones-quence of the advances he had made—I do not know anything of the kind.
Q. Am I to understand you to swear, that in the last three months you have advanced him a sum of 40l., or anything like it? A. Not in the last three months; I did not mean to mislead you—what I meant to say was, that since the dissolution of the partnership two years ago, he is indebted to me 40l.—I did not mean to say during the last three months—the 40l. has been lent since the dissolution, which is now about two years ago—the last sum was lent on 1st Aug., 1853—that was 10l.—he received the 10l., and debited himself with it—he did not pay it over to me—he debits himself in the book—I did not get the money—he debits himself with money that was lent him—that is not the only sum he has had this year; there are other amounts.
MR. PARRY. Q. For every petty disbursement that the prisoner has made, have you given him a check? A. I gave him a check for every one of them.
COURT. Q. You do not mean you gave him a check for every 5d.? A. No; when they have amounted to 5l. he has had a check, so as to keep the amount in his hand undisturbed.
MR. PARRY. Q. Is this an amount of a number of small items, amounting to 113l.? A. Yes; this is one of a great many similar instances that will appear here—supposing the prisoner, in a number of small items, paid 11l., I gave him a check for it—that was for the purpose of leaving always in his hands a balance of 30l., that he might not have to draw on his own money—whatever he paid, he called my attention to the items for the purpose of my giving him a check—any moneys that I gave him any special directions about he had not the slightest right to touch, certainly not—if he expended this 27l. for any purpose, I never heard of it—he has never named it to me—these balances of cash in hand are brought forwards till 3rd Aug., 1853, and he states cash in hand, 83l. 15d. 6d., which should be in his drawer unappro-priated—that amount is not in his drawer, neither has it been paid to the bankers—if I saw a sum as cash in band in the prisoner's writing, I should most certainly believe it was a true statement—such a statement was calculated to prevent me from inquiring.
MR. BALLANTINE. Q. Was he in the habit of putting in the cash book.
memorandums representing certain sums that he had taken out? A. I was not aware that he was; he kept it in his own desk—there were memorandums and little sums of money in paper in his drawer—I was not present when he was apprehended—there were moneys paid into the bankers after 3rd Aug.
HENRY WEBB . I am a policeman. I apprehended the prisoner on 22nd Aug., at his house, No. 47, Albemarle-street, Piccadilly—he was just outside his door—I told him I was an officer, and I was authorized by Mr. Storr, his matter, to take him for embezzling several sums of money, mentioning the 27l. and 30l.—he replied, "For God's sake, don't take me! if you do, it will rain me"—I said I had no alternative but to take him—he said, "Mr. Storr owes me 160l.; I will admit I am 40l. abort in my accounts; if Mr. Storr deducts the 40l. from 160l. there will be a balance in my favour"—s cash box was handed to me—I opened it, and found this account in it (produced)—the total amount of money I found in the box was 9l. 8d. 9d.; it consisted of different sums.
Cross-examined. Q. Though you only found that amount of cash, did you find a check for 30l.? A. Yes.
MR. BARON MARTIN was of opinion that there was no evidence to go to the Jury; that the specific 27l., the balance of the check, had been misappropriated; that some money had been misappropriated might be, but whether that was the case with the sum in question there was no evidence; and if it was called embezzlement the same objection would lie; he therefore directed a verdict of
NOT GUILTY .
MR. PARRY conducted the Prosecution.
PAUL STORR . (The first portion of the evidence given by this witness in the last case was read over by MR. BARON MARTIN)—It was the prisoner's duty to pay all moneys into the bank, and to enter what he received in the cash book, and then to enter them in the pay-in bank book when he does pay them in—I have looked in this rough pay-in bank book on the 4th May, 1853; here is not a sum of 6l. received for a rum vat, and paid in—in this cash hook here is a sum of 6l., which the prisoner acknowledges to have received—here is, on the 4th May, "A rum vat, 67."—he acknowledges by this that he had received 6l. from Mr. Rudd, and had to account for it—in this rough pay-in book here is an entry of 93l. 3d. 1d.—I find entered in the cash book, from the Rev. F. Storr, a check for 64l. 6d. 1d.; and a check for 28l. 17s., also received on the 3rd May, from George Russell; they together make 93l. 3d. 1d., which was paid in by the prisoner on 4th May—the 6l. which he received for the rum vat appears in the cash book between these two items, the 64l. 6d. 1d. and the 28l. 17d.; and supposing the prisoner had this cash book by him at the time he was making the entry of what he intended to pay into the bank on the 4th May, he mast certainly have seen the 6l.—I have carefully looked through the book to see whether he has ever paid in that 6l., and he has not—he never told me that he had not paid in that 6l.
Cross-examined by MR. BALLANTINE. Q. The answers you gave me in the last case you mean to abide by? A. Yes.
Cross-examined. Q. What time did you receive it? A. Between 10 and 11 o'clock in the morning.
MR. STORR re-examined. This is the prisoner's writing.
MR. STORR re-examined. These checks are mine—on the counterfoil of them are the items of which they are composed—the check of 6th May is for 7l. 17d. 1d.—in the counterfoil of that check, the prisoner asked for 24d. as having been paid for Joe—on 24th June, he charges 1l. for Joe out of a check for 12l. 10d. 5d.; and here is 1l. 2d. 11d., and 11d. 2 1/2 d., and 1l. 14d. 7d. and 11d. 2d., all for Joe; and on the same check here is "Lent Storr, 1l.;" on the 23rd, cash 1l., he charged me with that 1l. again, and I gave him this check—this check of 1st July is for 6l. 0d. 3d.—here is an item here on 29th June, Joe, 1l.—the check of 2nd July, is for 5l.—there is no reference to petty cash there, but there are sundries that he had paid—on 6th July the check is 7l. 2d. 8d., the petty cash charges there are 1l. 13d. 11d.—here is the detail; they are petty things, the whole are charged as petty cash.
Q. At the time he asked you for these checks, did he tell you that he was appropriating the 6l. received for the rum vat for these charges? A. No; he never mentioned it, and right or wrong J would not have sanctioned it.
Mr. Baron Martin was of opinion in this case also that there was no evidence for the Jury of the stealing of the particular sums charged.
NOT GUILTY .
MR. PARRY offered no evidence.— NOT GUILTY .
THIRD COURT.—Thursday, September 22nd, 1853.
PRESENT—Mr. Ald. HOOPER; Mr. Ald. CUBITT; Mr. Ald. MUGGERIDGE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY . Aged 18.— Confined Two Months.
WILLIAM HENRY FORFAR (Thames police inspector). On 3rd Sept., about a quarter past 8 o'clock at night, I saw a boat coming in a direction from a tier of steamers off the Tower—I went on board the boat; the prisoners were sitting in the afterpart of it, and another man was rowing it ashore—when I got alongside I said, "Who have we here?"—some one made an answer, which I did not understand—I then got into the boat, and the one who was rowing jumped out into the water up to his middle, ran to the shore, and escaped—I secured the prisoners, shoved the boat out into deep water, and found a portmanteau, which they had been sitting on; the
sitting bench had been removed—one of them laid they got a cast over the water in the boat, but knew nothing of it.
Cross-examined by MR. RIBTON. Q. Was it not the man who ran away who said something whichyoudid not understand? A. I believe it to be him—I have not said that the portmanteau was under the bench; I said under where the bench ought to be—they might have been sitting on the locker or on the portmanteau; it was very dark—the boat belongs to a young man named James, a waterman, at Tower Stairs.
BENJAMIN PERRY . I am in the employ of Mr. Ward. On Saturday night, 3rd Sept., I received a portmanteau, at Michaelmas-wharf, to take to a vessel lying off the Tower—I was to deliver a package besides—I went on board the vessel to deliver my order, leaving the long boat, with the portmanteau in it, alongside the vessel—when I came back I missed the portmanteau—it was shortly before 8 o'clock on Saturday night.
EMILY CARPENTER . I am servant to Joseph Fisher, of Park-villas, Not-ting-hill. I saw a portmanteau before the Magistrate; it was Roland George Fisher's property—I had packed it; it contained four coats, five pairs of trowsers, six pairs of socks, six shirts, and other articles.
NOT GUILTY .
1020. WILLIAM THOMPSON , burglariously breaking and entering the dwelling house of Richard Longman and another, and stealing therein 1 coffee pot, 1 candlestick, 4 forks, and 2 spoons; the goods of said Richard Longman: and 1 pencil case, 1 work box, 5 spoons, 1 pair of sugar tongs, and 1 thimble; the goods of James Moore.
MR. LILLEY conducted the Prosecution.
JAMES MOORE . I am porter to John and Richard Longman, seal engravers, of Waterloo-place, Pall-mall; I live in the house. On Saturday night, 27th Aug., there was nobody in the house but me; I secured every fastening, and west to bed about a quarter past 10 o'clock—I slept in the attic—about half-put 2 o'clock I was alarmed by the creaking of a door—I got up, looked over the banisters, and saw a light—I put on my clothes, lighted a candle, went down one flight of stairs, and armed myself—I heard a rustling noise and footsteps—I was going down to the bottom of the house, and saw the prisoner and another man making their escape—they shut the street door after them; I found it unlocked but shut—I heard the street door open and shut, and I threw up the window, and gave an alarm—I then saw the prisoner getting up the area; he got on the coping stone, and got over, and the other one got over the gate opposite the front door—I saw them both get over the area railings—they ran towards Pall-mall—I saw a constable almost directly, and let him in, and another constable went in pursuit—I found an entry bad been made into the back kitchen; they had taken down two bars in the window, a square of glass was broken, and the window was open—the door leading from the front to the back kitchen was broken open, and also the door leading from the front kitchen—the lock of a closet in the front kitchen had been picked, and I found on the table a silver coffee pot, a pair of silver candlesticks, four silver forks, and two silver spoons, which had been locked up in the closet the night before—these are the articles (produced)—they belong to Richard Longman—these five spoons (produced) are mine; they were in the closet when I went to bed—I went into the shed, and found a double skeleton key, a screw driver, a gimblet, and this wrapper (produced.)
Cross-examined by MR. RIBTON. Q. Do you sleep alone in the house? A. Not usually; this was the first night I had slept there alone for some years; I have lived in the house for six years—all that I saw of the
prisoner was when he was getting out of the area—I was looking out at the second floor window, and the two men ran off immediately into Pall-mall—the whole thing lasted, I should say, about two minutes, it was not less—I have never said that there were three men—there was no crowd about the house afterwards; I saw nobody but a female outside, when I let the policeman in—I never saw the prisoner before that night to my knowledge—I saw him again that night; the policeman came and told me he had got the man, and took me to the station to identify him—he showed him to me, and asked me if I could identify him; I said, "Yes; that is the man."
MR. LILLEY. Q. Didyouknow him without the policeman pointing him out to you? A. Yes; it is the dwelling house of Richard Longman, and is in the parish of St. James, Westminster.
EDWARD HENRY BEAVER . I am a cab driver, and live at No. 9, Hudson's-terrace, Earl-street, Westminster. On Sunday night, 27th Aug., about half past two in the morning, I was walking my horse across the bottom of St. James'-street, and saw two men get over the railings of Mr. Longman's house—an alarm was given, and they ran towards Charing-cross—a policeman came up, got into my cab, and I drove on and overtook the prisoner; the policeman took him, searched him, and put him in my cab—he is one of the men who got over the railings, I never lost sight of him.
Cross-examined. Q. Is not this the first time you have said you never lost sight of him? A. Yes; my fare was paid by the Police Commissioners, and I was rewarded with 10d. for the time I had lost, as I came backwards and forwards to the house with the policeman, to fetch the things—I was very well rewarded with 10d.—I still expect my expenses—I had had two or three half pints of porter during the evening, but no gin—when I saw the men I was right in the centre of the road, crossing over towards Charing-cross—I was about equal between the A then as um Club-house, and the United Service—when I first saw the policeman, he was nearer the Athenaeum than I was—I saw him a couple of minutes after the men got over; they had gone round the corner then, and my horse was going the same way—I told the policeman that there was something wrong going on, that two men had got out of the house; and said, "Get up on the box," which he did, and I drove after them—it was a fine night—the prisoner was taken about 200 yards further than the statue of the man on horseback, close by the Cockspur hotel—I was driving at a rapid pace—I do not know what became of the other man, he disappeared towards the Horse Guards—there were no other cabs about, there were some on the rank at the Haymarket—it was very quiet there at that time of night.
MR. LILLEY. Q. If you are going down Waterloo-place, is the Athenaeum on the right or the left? A. On the right—it was in consequence of what the policeman said that I drove towards Charing-cross—I never lost sight of the prisoner; he was walking when I overtook him; he had been running before that—he was on the Pall-mall side, nearer to the Haymarket than to Charing-cross.
ROBERT LISTER (policeman, C 143). I was on duty in Pall-mall on 28th August, about half-past 2 o'clock in the morning, near Waterloo-place, about seventy or eighty yards from Mr. Longman's—I saw two men get over Mr. Longman's railings—the first one made his escape; the prisoner was the last—he wore a cap—I spoke to Beaver, jumped on his cab, and overtook the prisoner in Cockspur-street—he ran first, and then walked very slowly—I said, "Wait a moment;" he said, "What do you want me for?" I said, "I want you at No. 1, Waterloo-place;" he said, "Dead licked at last, Leicester"
—I searched him on the spot, and found two pieces of wax taper in his pocket—I put him in the cab, and afterwards found another piece of taper in the cab; which corresponds.
Cross-examined, Q. Are you sure he said "at last?" A. It was either "Dead licked at last, Lister," or, "Lister, dead licked at last"—I swear he said "at last"—I had seen him before, and he had seen me—I know him by the names of Moody, Thompson, and Brown—I lost sight of the other man immediately on his getting over the railings—I came up with the prisoner within five yards of the turning leading into Spring-gardens—he was nearer to Pall-mall than to the statue of Charles the First—he was on the Cockspur-street side—I afterwards went back to the house—I have been in the police turned fifteen years—I lost sight of the other man immediately; I could not overtake the two, they took reverse directions—I did not lose sight of the prisoner while I was speaking to the caiman—I merely said, "Don't be too fast," as I was afraid he was going to double his pace; he did attempt it.
MR. RIBTON to JAMES MOORE. Q. Did you at any time say, not before the Magistrate, that you thought it must have been somebody belonging to the firm, as that was the first night you had slept there alone? A. I never said such a thing; I might have mentioned to two or three parties that it was the first night I had slept there alone, I cannot say.
GUILTY ** †. Aged 19.— Four Years of Penal Servitude.
ROBERT JOHN MAJOR (Thames-policeman, 86). On 20th Sept., between 8 and 9 o'clock in the morning, I was in a police galley off the City Canal—I received information" and went to a barge lying alongside the Eliza Ann, at he tier off the City Canal—I saw the prisoner in a boat off the vessel's bow—I asked him where the rope was—he said, "What rope?"—my brother constable found a coil of rope concealed—the prisoner said Tom had given it to him—I said, "What Tom?" he said, "Tom Dockeray"—I am sure he said "Dockeray"—I have forgotten whether he said anything more than "What rope?"—this is my signature to these depositions—(read: "He said, 'What rope? I know nothing about it;' at that time the rope was produced, and the prisoner said Tom had given it to him, by which I understood him to mean Tom Dockeray")—he said positively that Tom Dockeray had given it to him.
JOHN JOSEPH SCRUTTON (Thames-policeman, 51). I was with Major, and found this coil of rope (produced) under the barge's head-sheets—I chucked it on the timber before the prisoner—he said he had put it there—I am sure of that.
Prisoner. Q. Did you see me on board the vessel? A. I saw you with your legs in the boat, sitting on the barge, and saw the policeman collar you—the rope was safe the night before at 6 o'clock.
NOT GUILTY .
MR. RIBTON conducted the Prosecution.
HENRY PETIT HALL . I live with my father, at No. 49 1/2, Chenies-walk, Chelsea; he is a tobacconist. On Sunday, 4th Sept., between 2 and 3 o'clock in the afternoon, the prisoner came and asked for a threepennny cigar—I gave him one—he threw down a French coin on the counter, and asked me for
change for a sovereign—I took it up to ray mother, who gave me a 5d. piece and six half crowns—I changed one of the half crowns, and gave the prisoner 19d. 9d.—between five and ten minutes afterwards, and after the prisoner had left, a man with a moustache came in, and I sold him a manilla for 2 1/2 d.—he laid down a coin which I took up to my mother—finding it was a bad one she came down stairs, and eventually the man paid with a good half sovereign and went away.
Cross-examined by MR. GIFFARD. Q. Are you sure the first man asked for change for a sovereign? A. Yes, I am sure he used the word "sovereign"—I cannot exactly remember all that was said—the coin was good gold.
ELIZA HALL . I am the wife of William Hall, tobacconist, of Chenies-walk, Chelsea. On Sunday, 4th Sept., my son came up to me with a gold coin—I did not touch it—I saw him put it on the drawers—this is it (produced)—he left it there, and about two minutes afterwards I went to put it by, and saw that it was not a sovereign—he came up a second time with a second coin, which drew my attention—I am sure this is the coin I received first'—I had no other gold about me—the second coin was given back to a man with moustaches, and he paid with a good half sovereign.
WILLIAM HALL . I am a tobacconist. On Sunday, 4th Sept., I saw the prisoner in my shop, and saw my son bring down change from his mother, and give to the prisoner—a second young man with black moustaches afterwards came in.
Cross-examined. Q. Were you there when the prisoner came in? A. I was in the next room, and heard the boy ring the coin on the counter—I said, That sounds right; take it up to your mother"—the boy afterwards gave him change for a sovereign—I heard the prisoner say, "I want a cigar; can you give me change for a sovereign?"—I am sure he said "sovereign."
AMELIA GINGER . I am the wife of Henry Ginger, a greengrocer, of No. 2, Battersea-square. On Sunday evening, 4th Sept., about 6 o'clock, the prisoner and a person with moustaches came together—they asked for I pint of plums, which came to 3d.—they threw down this coin (produced)—I think it was the prisoner who threw it down—I gave them 19d. 9d. change, which they both took up together—they left together—I afterwards went to wrap it up in a piece of paper, and found it was not a sovereign—I have kept it ever since—I afterwards heard that the prisoner was taken.
HANNAH ROBBINS . I am the wife of Henry Robbins, a general dealer, of Bridge-road, Battersea. On Wednesday, 7th Sept., between 11 and 12 o'clock, the prisoner came and asked for a cigar—while I was getting it he took a small leather purse out, and selected a coin, which he kept ringing on the counter, and said, "Will you give me change for a sovereign?"—I sent my servant across to Mr. Berry's to get change for it—she was not away more than three minutes—she brought me the full change—I gave the prisoner the whole of it—he pushed a sixpence towards me, and I took 3d.—I followed him to the door—he went over the bridge, walking very quietly—Mr. Berry brought the coin back about two hours afterwards.
GEORGE BERRY . I am a baker, of Bridge-road, Battersea. On 7th Sept. Elizabeth Cane brought me a gold coin, which she threw on the counter, and asked for change for a sovereign—I did not examine it, but gave her the full change, and put it in the till—there was no other gold there—about an hour and a half afterwards, I found it was not a sovereign, and took it to Mrs.
Robbins—this (produced) is it—I have retained it ever since, and am quite certain it is the coin the girl gave me.
JAMES STILL (policeman, V 51). On Wednesday, 7th Sept., the prisoner was given in my custody, at Sands, in the parish of Fulham, by Mr. Barr, the landlord of the Hand and Flower public house, who showed me a coin—I asked the prisoner if he had tendered that coin as a sovereign—he said, "No"—I asked him what the value of it was—he said, "16d. 8d.; "but at the station he said that the value of it at the Bullion-office was 16d.—I searched him, and found three similar coins, 19d. in silver, a good sovereign, and three smaller gold coins—I asked him where he got the coins—he said a friend bad given them to him to change.
SAMUEL SPRY . I am a clerk, in the employ of Messrs. Bower and Co., brokers and bullion dealers. I am accustomed to look at foreign coins, and know their value—these three large coins are worth 16d. each, and these three small ones 8d. each—this one tendered to Mr. Hall is worth 16d. 6d.
GUILTY on 1st and 3rd Counts. Aged 18.— Confined Four Months.
ABIGAIL LEVY . I am the wife of Nathan Levy, a butcher. The prisoner was in our service for nearly a week—this cloth (produced) is mine; I know it by the colour—I missed it last Sunday week, having had it about a fortnight—the prisoner saw me put it in a box, in one of my lodger's bed rooms—there was no lock to the box—I put almost all my things in my lodger's room—I found the cloth on Friday, my daughter brought it to me—I did not authorize the prisoner, as I know of, to pledge any of my goods; I cannot be certain if I sent her to pledge things—she lived with me not quite a week—I did not authorize her to pawn any of my goods.
Prisoner. Q. Did you ask me to pawn a black velvet dress? A. No; I did not see you pawning a black scarf belonging to my daughter.
ANN COSTA . I am the wife of Gabriel Costa, and the daughter of Mrs. Levy. The prisoner lived with me; I discharged her, and she went to live with my mother two days afterwards—last Friday morning I was sleeping at my mother's, and went into the prisoner's room to awake her—her clothes were lying on the ground; I picked them up, and put them on her bed—as I did so, a handkerchief fell from them and these duplicates, one of which produced this Orleans cloth—it is my mother's—I have a piece of the same colour—I took the duplicate to the pawnbroker's to be satisfied about it, and took the cloth out of pawn with it—I have not authorized her to pawn things, nor has my mother, in my presence.
Prisoner's Defence. Mrs. Levy had a ticket of a shawl which was in for 2d. 6d.; she said to me "Mary, you may have the shawl, go and look at it," I did so; the name of Mrs. Pepper was on the ticket; I put it in in my own name, and came home; she is married, but keeps a fancy man; I did not see her put the cloth in the box; there is a lodger in that room.
NOT GUILTY .
ANN COSTA . I am the daughter of Mrs. Levy, and the wife of Gabriel Costa. On 13th Sept., I was staying at my mother's house—I went into the prisoner's bed-room, picked up her clothes from the floor, and a pair of gloves and the duplicate of a miniature dropped out of a handkerchief—
I had missed a miniature about a week before; I found it at the pawnbroker's—I never authorized her to pawn it.
Prisoner. Q. Did you not give me a shawl for myself? A. Yes; I did not give you the ticket of the miniature.
HENRY SMITH . I am assistant to Mr. Barker, a pawnbroker of Aldgate—a miniature was pawned with me on 2nd Sept., by a woman with a child in her arms, in the name of Ann Levy—I gave the person a duplicate—this is the miniature (produced)—I lent 4d. on it.
Prisoner's Defence. I have been taken for other people's crimes; I do not know anything about the miniature; my young mistress said the other servant took it.
NOT GUILTY .
GEORGE WATKINS . On 17th Sept, I was in Bishopsgate, about twenty yards this side of Spital-square, and saw the prisoner take a handkerchief from a gentleman's pocket; I took him into custody—he knocked me down in the street, and I could not get up to the gentleman.
Prisoner. Q. Did not you say you were on-top of a buss? A. No; I was four yards from you when I saw you take it; you put it down, and told me you bad picked it up.
Prisoner's Defence. I saw the gentleman put a letter in his pocket; the handkerchief dropped out; two women tried to pick it up, but I picked it up, and when the policeman came I tried to run away, as anybody else would.
GUILTY . † Aged 21.— Confined Six Months.
Before Mr. Common Serjeant.
GUILTY . Aged 17.— Confined Three Months.
MR. THOMPSON conducted the Prosecution.
JOHN BROWN . I am in the employment of the prosecutors, at the Stratford station. I am cattle man and goods porter—I unload the cattle that come up by the train—the prisoner was a smith, in the employment of the Company at Stratford; Mr. Gower is his foreman—on 19th Aug., about half past 7 or 8 o'clock at night, I saw the prisoner with a quantity of malt coming from a bullock truck which had a sheet over it like a roof, and bars, and a door at the side—I had seen that truck previously; it had come from the country—
I bad seen ten quarters of malt in it, in twenty sacks, some of which had been moved before I saw the prisoner there—I walked up to the prisoner and asked him what he had got, he made me no answer—he had got half a peck of malt in a handkerchief—he was five or six yards from the truck, when I first saw him—there was no grain round the struck outside, but what he spilled when I went to him—I arrested him, and the clerk sent for a policeman—after I came from the station I went to the truck, and found one sack was lying down, and another was lying across it which had been untied—it was tied with a bow, and the others were tied in a knot—it could not hare come untied of itself, if it had fallen—it contained malt—I have Been in the service of the Company since 21st June, I am well acquainted with the rules—no one is allowed to take sweepings of grain away, without a written order—the prisoner had no business to be in the truck.
Cross-examined by MR. RIBTON. Q. No one is allowed to take sweepings away without an order? A. No; you must get an order from London—there are sweepings—this truck was close to the platform—children are in the habit of playing about there—it is not open to most of the public—there is a thoroughfare through the goods department, that is about thirty yards from the platform, children are in the habit of playing round the gate—there were twenty-five quarters of malt in the truck, before it was touched—I cannot say whether the truck had been there a week or a month—I know by the bills that there were twenty-five quarters in it—I looked at the bills when it arrived—I do not know how long before that was, because I am at other departments as well—I had a right to take these bills, because I am stationed in that department—I am in the habit of receiving most of the bills from the guards, and I take them to the clerk—I cannot say whether I received the bills of this truck from the guard—I have told you all the conversation I had with the prisoner, I swear that—he said he had been picking up some grain—I swear he said "grain," and not "sweepings"—did not say, "You are just the core I want"—I did not say that I was on the balance of the sack; nothing like it—I said nothing to him at that time about Mr. Capper, but it was mentioned at the police station by Mr. Richardson, the clerk, and several other parties—Mr. Richardson said that grain had been missing from the station, and that Mr. Capper had tent a letter from London, saying that if the Company's servants did not take notice of the grain going away they should all be discharged—I had heard of that before—I said at the police office myself that there had been a letter from London about a quantity of grain being lost at Stratford station, and if we did not take particular notice of the grain going away we should all be dismissed—I know the Mr. Copelands, there are two brothers, they deal in poultry, one of them used to be at that station, he is now in business for himself—he was in the Company's service—he is not now, I de not know why—I know nothing about their affairs—I know Angel-lane, it is a thoroughfare, there is a fence broken down there—the platform is about half the length of this Court from that fence; about seven or eight feet—the prisoner as carrying the malt in a handkerchief, he did not give it to me—I did not take it in my hand—I saw what he had spilled on the ground—he has been it on bail, and has been working for the Company up to the present day—saw inside the handkerchief as he was closing it up—I kept him in custody till a policeman came; he did not make resistance.
MR. THOMPSON. Q. Were there any sweepings on the platform or about the station at that time? A. No; children play about there, but the bolt of the truck is seven or eight feet from the ground, and the bottom of the truck
about three feet—the bolt can be undone from the outside, but a child could not undo it—the truck was about eight yards from the thoroughfare—there are workmen about there, and the public too—the invoice bills give a description of what comes to Stratford—I am in duty bound to look at them.
WILLIAM GOLLARD RANSOM . I am clerk at the Stratford station, in the goods department. I remember a truck, containing malt, being at the station on 19th Aug.; there were other trucks bolted to it—I saw the prisoner that evening jump off the platform next to the truck on to the ground, and saw Brown catch hold of him—I said, "You hold him tight while I fetch a policeman"—I saw the grain in his possession; there were holes in the handkerchief, and there was a little grain on the platform which had been spilled—I could not see a policeman, and went to the police station—as I returned with one I met the prisoner in the town, in custody—there were twenty sacks of malt in the truck—I found two of them lying down, one across the other, and at the mouth of one a small quantity of grain appeared to have been swept up—it was dark, as there was a sheet over the truck; I counted the sacks by feeling them—I afterwards opened one, and took out some malt, which I have compared with that found on the prisoner, and it corresponds.
Cross-examined. Q. You were not before the Magistrate? A. Yes, I was; but I did not give evidence—I have been subpoenaed here to-day—there are a great many depredations about the railway, and we are very anxious to catch the thief.
Cross-examined. Q. Was the prisoner dressed as he is now? A. No, he was in his working dress; he is a smith—I did not notice whether be had cleaned himself for the day—it was a quarter to 8 o'clock—this is not the handkerchief the malt was in, that is at the station; it was all to pieces, and I could not bring the malt me it—(the malt being examined by the Court, appeared to be sweepings, there being straw mixed with it.)
MR. THOMPSON. Q. When you examined the truck next day, was there any straw at the bottom of it? A. Yes; there was sufficient light, when I was in the truck, for me to see that it was malt—one of the sacks was opened—there was a little malt just by the mouth of the sack; it had fallen on some straw—it was as if it had been shot from the mouth of the sack, and then scraped up into the handkerchief with the straw—there was no straw on the platform, but there was in the truck—I examined the truck early next morning.
WILLIAM JOSEPH GAVIN (Railway police inspector). I examined the prisoner's house, and found some grain—there was a quantity of grain in some troughs for the ducks, and a number of ducks in the yard—the station master at Stratford pointed out the prisoner's house to me.
Cross-examined. Q. Did you see his wife there? A. No, she was gone to the Court, at Ilford; but I saw her children—I was told they were her children.
MR. THOMPSON. Q. The addresses of the workmen are kept at the station? A. Yes, by the timekeeper.
JURY to JOHN BROWN. Q. After the malt was seen in the prisoner's hands, how soon did you see the sack? A. About half an hour afterwards—there was about half a peck of grain in it—I am not aware whether there was more than half a peck missing out of the sack.
(The prisoner received a good character.)
NOT GUILTY .
Before Mr. Recorder.
THOMAS LOND . I am a farmer. I am lodging at the Spread Eagle Tavern, Greenwich. I rent some ground at Westbourne-park, Blackheath—the prisoner occupied a lodge there, belonging to the estate—I had a room there for my use, where I was in the habit of leaving some clothes—I left there two carpet bags and a packing case, containing wearing apparel and a hamper containing wine and liquor—on Sunday, 11th Sept., I went there about 7 o'clock in the morning—I found that my packing case had been opened, and re-sewn with a thread—I missed from it a travelling cloak, a great coat, two waistcoats, and a pair of trowsers, which had been lying outside the packing case—there was a snuffbox in the pocket of the great coat—I had left the things all safe on Saturday evening, at 7 o'clock—the prisoner was there that Saturday evening—he came from his employ at the time I left—he was intoxicated—after missing the things on Sunday morning, I re-packed the package, and left the lodge—I returned at 3 o'clock, and then found the prisoner standing in the middle of my room, over the hamper, with a quart bottle of Hollands in his hand—he was intoxicated—the hamper had contained one quart bottle of Hollands and live pint bottles of port—I examined the hamper, and missed the five bottles of port and the Hollands, which he had in his hand—I then asked him what he was about; he said he did not know what he was about—he fetched me two pint bottles to put into the hamper, and asked if I wanted any more—I said, "Yes," be knew there was more—he was so very bad I could not be angry with him—I have never seen the other three bottles—about half of the bottle of Hollands was left; I have never seen the other half—I told the prisoner I had lost some things, but he seemed in a sort of stupor, as if he did not know what he was about—the hamper was secured with a proper hamper cord—I gave information to the police on the Monday evening, and the prisoner was apprehended on the Tuesday—he went away—his wife endeavoured to find the things.
CHARLES NASH . I am assistant to my father, a pawnbroker, in London-street, Greenwich. I produce a coat and pair of trowsers, pledged by the prisoner, on Monday, 12th Sept., about 9 o'clock in the evening, for 10s., in the name of James Smith.
EDWARD CARTER , I am a pawnbroker, in Bear-lane, Greenwich. I produce a travelling cloak, pledged by the prisoner, on Monday, 12th Sept., for 8d.—I asked him if it was his own property; he said it was, and that he had pledged it at times for 15d.—he was sober.
THOMAS SAXBY (policeman, R 37). I apprehended the prisoner on Tuesday, 13th Sept, about 5 o'clock in the afternoon—he was in a cellar under the floor of the lodge at Westbourne-park—he was intoxicated—I told him what he was charged with; he said if the prosecutor would allow him a few days, he would put all things right again—I have known the prisoner for about two years—he is a hard working, industrious man—he is not in the habit of drinking.
was in the package, and this coat also—these trowsers are what I left on the top of the passage.
Prisoner. I hope you will show me a little mercy, and you will not see me any more.
GUILTY . Aged 35.— Confined Four Months.
Before Baron Martin,
MESSRS. ROBINSON and LILLEY conducted the Prosecution.
JOHN THOMAS . I am acting mate to a steam boat which plys between Woolwich and the North Woolwich Station. On Saturday night, 20th Aug., we left Woolwich on our last journey, at 11 o'clock, and got over about 10 minutes past 11 o'clock—the passengers had all gone ashore except about half a dozen, when I observed the prisoner leaning on the after companion—I went up to him, and asked him to go ashore; he turned round, and said he was not going—I told him he must go, for we bad done, and were not going back any more—I left him standing there—Captain Allen gave me orders to moor the vessel, and I went to throw the stern rope out to do so—while I was in the act of mooring the vessel, the prisoner came behind roe, and put me right over the vessel—he chucked me over the rail at the stern of the vessel; as I fell, I caught hold of the lower rail with my left hand, and so saved myself from falling into the water—the prisoner then knocked my fingers with his fist, and tried to make me let go, and tried to lift my fingers up—I called out to Captain Allen for assistance; he came, and took bold of my legs, and said, "All right! I have got hold of your legs"—I could not have held on any longer if Allen had not come—the water is about twenty feet deep there—it was nearly high water—Allen palled me on board, and the prisoner was given in charge—he had been drinking, but he knew perfectly well what he was about—I went to the station with him—before he was taken, he caught hold of Allen by the hair of his bead, and said, "You b——r, I should like to drown you for saving the other"—the stern of the vessel from which I was thrown was from ten to fifteen feet from the pier.
Cross-examined by MR. O'BRIEN. Q. The prisoner was a perfect stranger to you till that night, was he not? A. Yes; we never had any dispute or quarrel—the side of the vessel I was at was next to the pier—my feet touched the water—they were wet—Captain Allen stooped down, leant over, and took hold of my legs—he was on the pier when it happened, and when he heard me cry out he ran on board—there was no one on board but the prisoner—I do not know how many there were on the pier—I was making the rope fast, and did not notice.
JURY. Q. You say you asked the prisoner to go ashore; what did you say to him? A. I tapped him on the shoulder, and said, "Now if you please for the shore"—it was done in a civil manner—he answered, "I am b——d if I am going ashore."
WILLIAM ALLEN . I am master of the Kent steamboat. On our arrival at North Woolwich on Saturday night, 20th Aug., I was standing at the gangway—the passengers were all out except about two that were on the gangway—I heard a voice call out, "Allen! help!"—I was then on the pier, at the gangway—I directly went on board, and went to the after part of the vessel—I saw Thomas hanging over, holding by his left hand, and the prisoner was hammering away at his fingers—seeing I could not do anything there, I leant through the timber head, and caught hold of his legs—he said,
Hold me! hold me! he is knocking my hand"—I said, "I have got you, never mind"—as I held him the prisoner went ashore, and had got half way up the ground when 1 caught hold of his collar, and said, "I shall give you in charge"—he said, "Oh, I will kill him, I can fight him; I can fight Caunt, and I can throw any roan"—he tried to throw me—the policeman came up, and took him in charge—the prisoner made use of very bad language, and said to the policeman, "You shake, you shiver; I don't care for you; you b——, I will throttle you"—I said to the policeman, Call for assistance," and he called me—the prisoner tore a handful of hair right out of my head—we got him into a skiff, to take him to Woolwich—we had to use a little violence to get him down—as we were going across he said, "Can any of you swim?"—one of them answered, "No"—there were eight in the boat—the prisoner then said, "Here goes, then."—I got up in the boat, and said, "If you offer to move from your seat I will cut you right down with my hand"—he did offer to move—when we got into the middle of the river he spat in my face, and said, "You b——, I should like to drown you for coming to the other man's assistance," and just before we got to the shore he said, "I can do it for you nicely now"—the prisoner was a little me liquor, but not a great deal—he knew perfectly well what he was doing, or he would not have done what he did.
Cross-examined, Q. Is that your reason for thinking he knew what he was about? A. Yes—there were seven or eight of us in the boat—the prisoner was sitting down—the policeman had hold of one of his hands, and the stoker of the boat the other—he was trying to keep him quiet till we got across, and he said to him, "I am a prisoner as well as you are."
JURY. Q. Is your mate a civil sort of man? A. Yes; I never heard any complaint of him—I had never seen the prisoner before.
GEORGE HORNSEY . I am a waterman, and live in Taylor's-buildings, Woolwich. I was standing at the pier at North Woolwich on 20th Aug., a few minutes past 11 o'clock at night—I saw the prisoner on board, leaning on the after companion—I saw the prosecutor walk from the wheel to the prisoner—I did not hear what he said—he walked back again, and chucked the rope out—I saw the prisoner come after him, take him between the legs, and heave him over the rails—I should say that part of the vessel was from twelve to fifteen feet from the pier—the prosecutor called out for assistance, and Allen went to him—I saw him hanging over the vessel's side with one hand on the rails—I ran on board to his assistance, and found that Allen had conveyed him on board.
Cross-examined, Q. Where wereyoustanding when you saw the prosecutor come up and touch the prisoner? A. On the pier, about twelve feet from him—I did not hear anything that was said.
WILLIAM SORRELL (policeman, K 410). The prisoner was given into my custody—I saw nothing of the transaction—Allen and Thomas came to me, and Allen said, "This man has attempted to throw this man overboard; I give him in charge"—I explained the nature of the charge to the prisoner, and told him he must consider himself my prisoner—he was very reluctant, and refused to go with me—he had certainly been drinking, but I consider he was fully conscious of what passed, from a remark which be made to me—he said, "You shake, you tremble; I don't care a b——for you"—I cannot say whether I did shake—I might have been a little excited under the circumstances—he was very violent—I was with "him altogether near about half an hour—I judged that he knew what he was about from his general way of expressing himself—upon saying, "You shake, you tremble," he
endeavoured to get hold of my stock with his fingers—we had great difficulty in getting him into the skiff.
Cross-examined. Q. Did he say in the boat, "Can any of you swim?" A. Yes; some one replied, "No"—he said, "I can," and jumped up twice—we held him down after that, not on his back, I sat on his left, and the stoker on his right, and held him down in a sitting posture—when first I took him into custody he asked for more beer—I said, "I cannot allow it; I consider you have had sufficient"—he then became very violent.
MR. ROBINSON. Q. When you got him out of the skiff, did he walk to the station? A. He did, with the assistance of another constable.
(The prisoner received a good character.)
NOT GUILTY .
GUILTY . Aged 39. — Confined Twelve Months.
Before Mr. Recorder.
1031. JOHN GRAHAM and PATRICK BRYAN , stealing, at Charlton, 13 keys, 1 watch, 1 guard chain, 1 coat, and other articles, value 14l. 16s.; and 13d. 6d. in money; the property of William Reid: 1 jacket, value 15d.; the goods of James Smith: and 1 watch, value 8l.; the goods of Alexander Slaker, in a vessel on a navigable river: to which
GRAHAM pleaded GUILTY .** Aged 20.
BRYAN pleaded GUILTY .** Aged 20.
Four Years of Penal Servitude.
Before Mr. Common Serjeant.
JAMES SHAND . I live at Plumstead-terrace, Kent. On 26th Aug., between 11 and 12 o'clock at night, I was in a coffee-shop, in Wellington-street, Woolwich, in company with some sergeants of Artillery, taking coffee—the prisoner was not in our company at all; he was not in the same room as we were—I and one of the sergeants of Artillery had a discussion about English and Scotch; I said that there were as good Englishmen as Scotchmen; upon which the sergeant struck his hand on the table—my wife was there, and, in consequence of what passed between the sergeant and me, I and my wife went down stairs, and went out at the door—I had not got a yard from the door when I was struck right above the eye with a stick or umbrella, and knocked down—I called out, "They have knocked my eye out"—I became insensible for some time—I beard my wife moaning and crying—I went to Guy's Hospital, and am still an out patient—I had not spoken to the person who struck me—I do not know who struck me.
Cross-examined by MR. WOOLLETT. Q. You and your wife were very drunk? A. Quite sober; we went there between 11 and 12 o'clock at night—we had been to Old Charlton—I was conveying my eldest daughter home; it was a wet night, and I was invited in by these sergeants—I cannot say I had not been wetting my lips—I and my wife were not turned out of the room by Mr. Melton, in consequence of an altercation with the sergeants; I went down by myself—I believe Mrs. Melton did order me out of the room—I was quite sober—I had not my coat off; I swear that—I did not offer to fight any man in the house, or any b——y soldier; I never uttered such words—I never said I would set fire to the house—the prisoner did not push me out; I did not attempt to push him out; I never seed him to my knowledge
—I did not strike him, or knock his hat over his eyes; nothing of the kind—it was not me at all—my wife was not drunk—the prisoner had no provocation from me—it struck me as very extraordinary—there were perhaps four or five of us in the coffee-room—I was not turned out of the Queen Victoria public-house, Wellington-street, Woolwich, at half-past 12 o'clock, the night before; I left of myself—I was not asked in a civil manner to go oat; I went out of myself—I had had a pint of ale and a penny biscuit.
CHRISTIAN DESSON SHAND . I am the wife of the last witness. I was with my husband, and saw some sergeants up stairs, who were all Scotchmen but one—my husband said that the English were as good as the Scotch, and there was great noise, but no fighting—I went out, and my husband followed—he was struck, and hallooed out "My eye is knocked out"—I ran and said, "You wretched man to do so to my husband," and then I was struck at the same time—it was very dark—I took hold of my husband, and as I did so I gots stroke in my face, was knocked down, and became insensible—I was struck with an umbrella across the jaw bone—I did not see it, but it could not be anything else—I had no recollection till a doctor was washing my face—I do not know who it was struck me, it was so dark—I did not see the prisoner at all—he was up stairs.
Cross-examined. Q. Had you been drinking at all? A. No; I mean that I was not turned out at all, nor was my husband—I did not hear Mrs. Melton tell my husband to go out of the room—my husband took the part of the English, and be is a Scotchman himself, but there was no altercation.
CHARLOTTE BROWN . I was at Mr. Melton's coffee shop between 11 and 12 o'clock on this night, when the prosecutor and prosecutrix came in—I was not in the same room with them; they were up stairs, and I was in the shop—about half-past 12 o'clock I heard words up stairs between some sergeants, and saw Mr. and Mrs. Shand come down stairs and go to the door—Mrs. Shand said, "I was not aware it was such a house as this"—they left the house, and the prisoner, who was down stairs in the back room, followed them—as he went out I heard him say to Mr. Shand, "I will be your match"—he had an umbrella with him, and I saw him strike Mr. Shand in the face with it—I had not seen Shand do or say anything to him—it was a push, and it hit his head; but I did not see where, as it was dark—this was about seven or eight yards from the door, and Mr. Shand fell down in the road—Mrs. Shand went up to the prisoner to take her husband's part—she said to him, "You have hurt my husband," and he struck her several blows on the back with his umbrella—she fell down on the path, and bled very much—the prisoner returned into the coffee shop, and began playing at dominoes.
Cross-examined. Q. You did not see the prosecutor strike the defendant? A. No; I followed them out—the row happened up stairs—there was a great noise, a regular row—they both appeared as if they had been drinking—I believe they bad some spirits up stairs, because the sergeants brought the bottle down—I had nothing to drink with Shand and his wife, I was not in their company.
ELIZA M'DONALD . I was at Mr. Melton's, down stairs—Shand and his wife were up stairs—I saw them come down, and saw the prisoner come out of the back room down stairs—as he went out be said, "I will be that man's match"—the Shands did not say or do anything to the prisoner—I heard a noise outside, and went out two or three minutes after they left—when I got out the prisoner was striking Mrs. Shand across the face several times with the point of the umbrella, and Mr. Shand was standing in the middle of the road with his band up to his eye, and bleeding from his eye—the prisoner was in
private clothes—I saw him go back to the coffee room—I called "Police!" the police came—I pointed the prisoner out, and he was taken into custody—I did not hear him say anything—I saw four artillery sergeants outside, and one went away; they were standing at the corner when the prisoner was striking the man—I do not know whether they could see it.
Cross-examined. Q. It was very dark? A. Yes; I heard a great row of stairs—Shand and his wife had been drinking—the prisoner was not up in the room where the row was—there was not a row down stairs, only outside.
EDWIN ROB (policeman). On Saturday morning, 27th Aug., I was on duty in Wellington-street—about a quarter before 2 o'clock I heard screams of Police!"—I went and found Mrs. Shand lying on her face in the road, in a pool of blood—I helped her up, and took her to the coffee shop—the prisoner was inside, playing at dominoes—Mr. Shand was there—he said, My eye is knocked out"—the prisoner bad this umbrella (produced) resting between his legs—I ordered him to go with me—he made no reply, but got up and went with me—I saw several sergeants of artillery when I got round the comer, and asked them if they saw the assault committed; they said no—going along, the prisoner said, "Do not take me; it will be a bad job for me, and will get me into a sad scrape"—I told him I could not help that, and took him to the station.
Witnesses for the Defense.
CHARLES MELTON . I keep a coffee shop at No. 59, Beresford-street, Woolwich. On the night in question I was at my father's coffee shop, in Wellington-street, and was called in from the yard, with my sister, as a man was going to fight upstairs—I went up, Mr. Shand bad struck a sergeant of artillery, and I had to turn him out; his wife walked out—when he got to the bottom of the stairs he challenged any man to fight, and said he would fight any b——y soldier—he had his coat on—the prisoner came out, and said, "I am his man," and then Shand took his coat off of his arms—finding they were going to fight at the bottom of the stairs, I took hold of him, and turned him out—the prisoner followed me out, and then Mrs. Shand rushed at him, knocked his cap off, and said, "Don't touch my husband"—he pushed her away, and Mr. Shand rushed at him, and struck him on the bead with his fist—that was the first blow that was struck—Mrs. Shand rushed at him again, and he poked her in the face with his umbrella, and she stood bleeding, and after a minute or so fell down—at that time Shand and the prisoner were fighting—the prisoner had a pipe in his mouth, and an umbrella in his left hand—it was with his left hand that he struck her—Shand was very drunk, and his wife was as bad as himself—the defendant was drunk also—Mr. and Mrs. Shand, and four sergeants of artillery, had been drinking rum up stairs—they were all drunk together.
COURT. Q. About what time was it? A. From half past 1 to 2 o'clock—when Mrs. Shand came out and said, "Don't touch my husband," the defendant was walking towards Mr. Shand—Mr. Shand did not fall—I saw his wife fall; I turned round and asked him to pick her up, he was leaning against a post, and said he had enough to do to take care of himself—he is not in the habit of frequenting my father's house; I have seen the defendant there once or twice before—it was very dark outside.
EMILY MELTON . I reside with my father, at No. 57, Wellington-street, Woolwich. I am the sister of the last witness—on this night there Was a great row up stairs—I went up, and saw Mr. Shand throw a cup and two saucers at one of the sergeants—I asked him to walk down stairs; he said, "No," and if I did not go out of the room he would twist my b—y neck
off—I went down and asked my brother to go up; he came up and ordered them down stairs, and they went down—Shand stood at the bottom of the stairs, and asked for his hat—he said he would fight any man, or any b—y soldier—my brother asked him to go out, and took him by the shoulder and pat him out—Charlton followed, and then the wife went outside and flew at Charlton, to scratch his face, but he pushed her away, and Shand hit Charlton on the face, and knocked his hat off—the woman immediately ran at Charlton again, and he struck her with an umbrella, which he had, I believe, in his right hand—he had a pipe in his mouth—the woman fell, and my brother called to me to pick her up—I asked two females to assist me in doing so, and then a policeman came—I did not see Charlton strike Shand—it was very dark—Shand and his wife were drunk—they were drunk when they came to our house; they brought a bottle of rum with them, which they took up stairs—I did not notice Charlton till he followed them out, I was in the shop attending to the business, and up stairs there was a great scene of confusion.
COURT. Q. What time did they get there? A. About half past 12 o'clock—they were quite drunk—they had a basket with the bottle of rum in it—they stayed till half past 1 o'clock—we keep our house open all night—I did not see the prisoner strike Shand, but I saw Shand with his hand up to his eye—that was after he had struck the prisoner—my brother asked Shand to help to pick up his wife, and he said he had enough to do to mind himself, his eye was knocked out—the second time the woman struck the prisoner his cap was off.
(The prisoner received a good character.)
GUILTY ; but the Jury considered that the assault was committed under great provocation, given by the prosecutor. Judgment Respited.
JAMES LEIGH . I am a soldier in the marines, at Deptford. Between 1 and 2 o'clock on Saturday morning, 18th Sept., I met the prisoner near the Old Dockyard—I did not know her before—I went home with her to a house in Old King-street—I had a silver watch, a guard chain, a neckhand-kerchief, and about 2d. in silver—I took my watch out of my fob, and put it in my jacket pocket, and my handkerchief in my cap—I put my jacket under my pillow—we went to bed, I slept about two hours, and then the landlady roused me up, and the prisoner was gone—my jacket was on the chair; I missed my handkerchief, money, watch, and chain—this is my watch and chain (produced).
Prisoner. He gave me the watch when he went to bed at night, he put it round my neck. Witness, It is quite false.
CHARLOTTE CLARK . I am single; I live in this house, and was sleeping in the next room—I heard a noise about two o'clock in the morning, looked through a hole into the next room, and saw the prisoner take the young man's jacket from underneath his head, and some coppers fell out; she picked them up, put her hand in the pocket, and took the watch and a sixpence or shilling, put them in her pocket, and walked down—in a few minutes a gentleman came, knocked at my door, and asked me if I had heard anything, and I told him what I had seen.
WILLIAM NASH (policeman), I was on duty about 4 o'clock, and met the prisoner, and asked her if she had been with a marine; she said, "No"—I said, "I believe you have, and have stolen his watch"—I heard the
watch ticking, and said, "You have got it in jour bosom;" she then took it out and gave it me, this is it.
Prisoner's Defence. I told him I could not stop out long, or T should get into disgrace with my parents, and that was the reason I left; he gave me no money, but gave me the watch, and said he should see me on the Monday; I would not satisfy the policeman when he asked me, because I was not far off the house.
GUILTY .** Aged 24.— Confined Twelve Months.
MR. ROBINSON conducted the Prosecution.
WILLIAM ANDERSON . I live at Greenwich, and am clerk to Mr. Thomas Wheatley, a coach builder and coach proprietor there. The prisoner has been in his service about two years—we took him as a poor man; his salary was 12d. a week—it was his duty to pay in money, which I gave him from time to time, into the bank in Nelson-street, Greenwich—on 15th Aug. I was going to the bank, and I met him, and as I had occasion to go to London, I gave him 73l. 14d. 9d. in gold and silver—he was to take it to the bank, and a check, which was sealed up—I gave him the pass book—it was his duty, on paying in the money, to bring back the pass book—it was his duty to attend the next day—I did not see him again—I gave information to the police—the money was Mr. Wheatley's.
Prisoner. My wages were 12d. a week, and my time was from 7 or 8 o'clock in the morning till 8 o'clock at night, and Sundays as well.
MR. ROBINSON. Q. Where did the prisoner come from to you? A. He had recently come from the Union workhouse; Mr. Wheatley did not require his services, but he found employment for him.
JOHN CARPENTER (police sergeant, R 38). On 16th Aug., I received information. I went to Mr. Collins's house, in Greenwich—I ascertained that the prisoner lived there—I had seen him go to that house; I live just opposite the street—I found some books, with his name in them—I found a "Bradshaw's Railway Guide," with the leaf turned down right upon the express train which leaves London for Dover and the Continent—in consequence of that, I went to Calais and Lille—I saw the prisoner there—I followed him to the Hotel de I'Europe—I went into the room, and said to him, "Good morning, Mr. Henin!"—I looked at him, and said, "I suppose you know me?"—he said, "No, I don't"—I said, "My name is Carpenter, a sergeant of police, of Greenwich; I suppose you know the object of my mission?"—he said, I suppose you are coming after me for Mr. Wheatley's money?"—I said, "I have; and I hope you have not spent much of it;" he said, "I have not more than 7l. or 8l."—I said, "Where is the remainder?"—ha said, "I have it"—he unbuttoned his waistcoat and trowsers, and took from round his waist this belt, which contained a great deal of money, it was very heavy, and from his pocket he took this bag, which was also very heavy; it was full of French silver money—he gave me the key of his carpet bag, and told me the remainder was in there—he told me he had changed the 42l. for Belgian notes, and there were 460 francs in Belgian notes in the bag—he said they bad charged him 1l. 13d. 6d. for the exchange—just at that period the French police appeared, and asked for his passport—I saw the passport, and there was the name of John Thompson, London, 11th Aug.; I saw it, and heard it read—I said to the police, "That is not his name, it is John Henin;" they said if that was the case, they must take him before the commissary
—I said there was no need of that, he had given me the money, and was willing to go to England; but they insisted on it, and before the Magistrate they made me give up the money, and would not allow me to count it—I was going to open the carpet bag to look at the notes, and the Magistrate got up and took it from me, and locked it up in his cupboard, and he told me I must go to Paris and see the English ambassador, and get a letter of identity that I was an English officer, and then he would give me the prisoner and the money—I went to the English ambassador, got it, and the Magistrate said it was right, but he sent me to the Prefect, and he said he would not give me the prisoner nor the money—I came back, and found the prisoner on 13th Sept. in Westminster; I saw him coming, and stood on one side—when he came, I said, "What are you doing here? I thought you was in France;" he said, "No; I had my liberty on Friday or Saturday; they gave me my discharge, and gave me twenty francs"—I said, "Was that to pay your passage over?"—he said, "No, it was to pay some money that I had to pay; and I went to the minister of the English Church at Lille, and he gave me twelve francs"—when he was before the authorities in Lille, I charged him with having stolen 73l. 14d. 9d., and a check for 240l.
Prisoner. When he came to me, he said, "Do you know me?" I said, "No;" he said, "My name is Carpenter;" he said he came for Mr. Wheatley's money; he said, "He won't prosecute you, if you give it up;" I gave him all up immediately, and gave him every information; he afterwards strengthened his depositions.
MR. ROBINSON. Q. Did you say, that if he gave up the money Mr. Wheatley would not prosecute him? A. No.
Prisoner's Defence. I made an application to Mr. Wheatley to make me so increase of 5s. a week to support my wife and family, and he refused to do it; I had been in the service of Mr. Wheatley fifteen years before, and had two guineas a week.
GUILTY .* Aged 60.— Confined Eighteen Months.
Before Mr. Baron Martin.
GUILTY of an attempt. Aged 17.— Confined Six Months.
Before Mr. Justice Crompton.
MR. CAARTEEN conducted the Prosecution.
ELIZABETH GAMPTON . I am the widow of William Stone Gampton, and live at No. 2, Victoria-place, Bermondsey—my husband was an officer of the Customs—I remember 11th April last—his health was very good at that time—he left his house at 8 o'clock that morning to attend to his duty—I saw him again about 7 o'clock that same evening—he was then very much excited, and complained of having been very much ill-used—his face was very much bruised and cut, and he had a lump at the back of his head, not close behind the ear, rather more at the back; it was like an immense bruise—his nose had been bleeding—he said he had received a violent
blow and likewise a kick—he seemed to stagger when he walked, through dimness of sight; he complained of his sight and said it was dim—I bathed his head with vinegar and water—he complained of much pain—he at first laid down on the sofa, and then I persuaded him to go to bed—he was very restless during the night; he did not sleep at all; he was complaining very much of pain in his head all night—next morning he had to go to the police office—he got up about 7, and left home about 8 o'clock, but he went to the door twice, and came back and laid on the sofa, he felt so ill—about 12th May he went to Mr. Parker, a surgeon, in Great George-street; I led him there—he had no medical attendance before that; but he had been continually in pain in the head—I think the pains increased during that time—he did not continue under Mr. Parker's care; he only had one dose—on 29th May, Dr. McWilliam attended him—between 12th and 29th he was getting quite delirious—his eyesight was much more dim—he went to Dr. Mc William on the morning of 29th May; came home and went to bed, and Dr. McWilliam came to see him in the evening—he continued to keep his bed after that till 1st July—he then became quite insane, and was removed to St. Luke's Hospital that day—I saw him twice a month while he was in the hospital—the last time I saw him alive was on 16th Aug.; I saw him dead on 18th.
Cross-examined by MR. O'BRIEN. Q. Were you aware of an injury that he received from a gun shot wound in the head? A. Yes; some years ago—I never heard him say that he suffered from the effect of that—I think it was twenty-two years ago—he used to go out a little before 8 o'clock of a morning; sometimes he was back by 5, and sometimes 6 or 7 o'clock—he would always lie down directly he came home—he continued discharging his duties in the Customs till 29th May, but in great pain—he went out to his duty every day except two Sundays.
WILLIAM TAYLOR . I am an acting surveyor of the Customs, and live at No. 83, Prince's-road, Bermondsey—I knew the deceased very well. On 11th April last, I saw him about 8 o'clock in the morning; we were on duty together during the whole of the day—he was my waterman—he appeared perfectly well that day—I had known him for sixteen years; he appeared a very healthy man—I was not then aware of his having received a gun-shot wound—I left him at the water-side between 4 and 5 o'clock that afternoon, and went home—I saw him again about 5 o'clock; he came to my house in company with the prisoner, who charged the deceased with having stolen a cloak, and also with having contraband goods in a bag which he was carrying—the deceased had a cloak with him; he was in uniform—I asked the prisoner who and what he was—he said that he was one of the detectives, and he wished to examine the bag, stating that the deceased had taken Jesse Wilson, and that he should be revenged—there is a person called Jesse Wilson, who has been several times convicted of smuggling—I told the prisoner to be quiet, and that if he was one of the detectives, we would go to the police station with him, and there he could examine the bag—we left for the purpose of going to the station; when we had got about one hundred yards up the street, the prisoner asked if we intended to go to the police station; I told him that I was Gampton's superior officer, it was a very serious charge, and I should go there—upon that he came to a stand still all at once, and while the deceased was in the act of turning his face round, the prisoner struck him right and left on the head, and knocked him down; he hit him on both sides of the head—I cannot positively say whether he struck him on the face—after knocking
him down he fell upon him—I laid hold of him to pull him off, and while I was pulling him away he kicked him, I think, in the chest, but I would not be certain where—when Gampton fell, he fell backwards—I think his head struck the ground—the blows were severe ones—while I had hold of the prisoner he attempted to strike me—I let him go, and he ran away—Gampton got up himself—he staggered as if he was in liquor—we both followed the prisoner, and saw him taken into custody by inspector Bolas—I did not know the prisoner before—I saw Gampton next morning, at the Southwark police court—he appeared very much agitated and in very great pain—he complained to me of pain in the head and face—I heard the prisoner say before the Magistrate that he was sorry for what had occurred, and he was tipsy—I saw Gampton twice afterwards before he left duty; he still complained of pain in the head and general weakness.
Cross-examined. Q. Was he of an excitable disposition? A. Not in the least—the prisoner was fined 405. for the assault—I left Gampton on the 11th, immediately after giving the prisoner into custody at the police station—he had about five minutes' walk to get borne when I left him—I met him at the Custom House next morning, and then walked with him to the police court—we went back again to our ordinary duties—the prisoner had gone about two hundred yards when we came up with him—he had been stopped by Bolas at the water side.
WILLIAM BOLAS (Thames police inspector). The prisoner was given into my custody on 11th April last, a little after 5 o'clock in the evening—I took him, with Gampton, over to the police station, in the police galley, at Wapping, and Gampton there preferred the charge against him—I observed blood on Gampton's face, and marks on the cheek—the blood was running down the side of his face from a scratch; it was as if it had been grazed.
ROBERT BROWN . I am a superannuated officer of Customs. I knew the deceased for twenty-two years, and had seen him often during that time—his health was good up to 11th April last—I saw him several times after that, about the beginning of May—he complained of being unwell, and of pains in his head, both back and front.
JAMES ORMISTON M'WILLIAM , M. D. I am medical inspector of the Customs. I knew the deceased very well for nearly seven years—I had ample opportunity of forming an opinion as to the state of his health—his general health was good; he came to me in the morning of 29th May last—I examined his head—above and behind the left ear there were faint marks of ecchymosis, in the last stage; I mean discoloration by the effusion of blood; I observed nothing else—he complained of intense pain on that side of the head—he had a faltering gait, and his vision was slightly impaired—I concluded that he was labouring under pressure on the brain, and I inferred that it was from violence from the discoloration: there had been a blow or violence of some kind—I ordered him home immediately, to be kept quiet in a dark room, and I saw him again in the evening—he was then in bed—I continued to attend him until 1st July—on commencing my attendance upon him I immediately put him under a course of treatment, under which he seemed, for some time, to recover—the treatment was directed to the pressure on the brain—he seemed to improve considerably for about a week—he was kept perfectly quiet in a dark room—about 11th or 12th June the symptoms turned, the legs became again very tremulous, his speech faltered, and his reason began to be affected—he gradually grew worse after that; his reason became gradually more impaired, the symptoms of paralysis or palsy increased, the urine and other dejections were occasionally passed in bed, and he became
in fact, insane and unmanageable by his wife—in consequence of that I gave a certificate to that effect, and sent him to St. Luke's Hospital—I saw him twice while he was there.
Cross-examined. Q. Was he in a very excitable condition on 29th May, When you saw him? A. Rather so, not particularly; he had the excitement of irritative fever from the compression, none beyond that—I attributed it to pressure on the brain at that time—I applied no surgical means to relieve that—an injury to the spinal marrow would not produce the same effects; it would produce a different class of symptoms; it would not affect the nerves of the brain, it would produce paralysis of the limbs—it might secondarily affect the brain sympathetically—the discoloration was the only outward symptom; that might have resulted from any force applied to the surface—I did not think it desirable to bleed him—he was not very bright when be first came to me; that is to say, he answered hesitatingly, and his memory seemed to be deficient—it was about 11th or 12th June that he began to get incoherent—he was not of a delicate habit of body, he was a man of good frame; his general health was good up to 11th April—he had occasionally a cold or diarrhoea, and things incident to most men—I was not then aware that he had received a gun-shot wound some years before—I am now aware of it; I was not present at the post mortem examination.
HENRY STEVENS . I am resident medical officer of St. Luke's Hospital. I saw the deceased there on 1st July—he had delusions both of sight and hearing, and he had a reeling, faltering gait, like a drunken man—his speech was hesitating, a good deal affected, and his manner was nervous and agitated—he was evidently suffering from pressure on the brain, or it might hare been disintegration of the brain, some morbid alteration of structure—I examined him every day—I examined his head, I think, the morning after he came in—I observed a little thickening under the scalp, which was the remaining evidence of a bruise—I put him under a course of treatment generally; to relieve the symptoms of the head—he gradually improved after the first few days up to the commencement of Aug., when we considered him well—he was to have been discharged about the 19th of that month—after the 8th a change took place, he gradually became more dull—he did not seem to be very joyful at the idea of going out, and then symptoms of pressure on the brain again gradually appeared; he got worse—he was treated for it unsuccessfully, and he died on 17th Aug.—I afterwards made an examination of his head and body—there was nothing material the matter with the body—on removing the scalp I found a shot flattened on the frontal bone, just over the right eye; it was about one-eighth of an inch in diameter, or rather more, as it was flattened—it did not penetrate the skull—I removed the skull cap, and on opening the dura mater I discovered a large clot of blood in the arachnoid membrane, the next membrane to the dura mater—the arachnoid is a double membrane, and the clot was between the two layers of the arachnoid; it occupied almost the whole of the surface of the left hemisphere of the brain—the pressure on the brain from that would be very great indeed—I think that pressure was quite sufficient to account for the symptoms I observed—that clot of blood had arisen from the rupture of a vessel of the brain—I have no doubt at all about it—it must have been caused by a blow of some kind; a blow on any part of the head sufficiently violent would do it—I could not form an opinion as to the exact time at which that clot had been formed, but it must have been some time, because it was partially invested in a false membrane; it occupied the whole of the left side of the head, some part of it was under the mark—in the pons varolii I found another
clot of blood; that is at the base of the brain—that was also an old one in the process of absorption—it was about the centre of the middle of the base of the brain—my opinion is that was caused by the same violence that caused the other—they were simultaneous—that would no doubt affect the gait; the latter perhaps more particularly, as that part is supposed to preside over the motion of the body.
COURT. Q. Had the shot anything to do with the cause of death? A. Nothing on earth; or with the appearances I observed in the head.
Cross-examined. Q. If I understand you rightly, when first you saw him all you could say was that some morbid action had set in in the brain; you could not tell whether it was a morbid disease, or the result of violence? A. it was not easy to say at that time whether it was the result of disintegration or not—I did not find any vessel of the brain ruptured, but that might have escaped me—vessels of the brain may be ruptured by great excitement without any actual violence, if the vessels are diseased—emotion would hardly rupture a healthy vessel; strong emotion, or excitement, might do so. Q. You say the large clot of blood covered the surface of the membrane; supposing that clot of blood had been the result of a blow, do you think a man could attend to his business, labouring under that for five or six weeks afterwards? A. Oh, yes, probably be might; perhaps not with so much effusion as he had when he died, but with a great amount of effusion—the amount I found killed him—I am hardly able to say whether, he could have continued attending to his business with that amount of effusion, he might; the brain bears a great deal of equal pressure; no morbid action bad been set up in the brain, nothing organic—I have no doubt the effusion was in some measure absorbed or relieved in the first instance, and there was subsequently an increased effusion, probably from the same cause; it might have been from some other cause—he had no other blow while with me—he was not subject to violent fits—I attended him continually up to the time of his death.
COURT. Q. What length of time would account for the false membrane? A. I should say such a membrane might have been formed in a couple of months perhaps, or three months, they vary very much—from finding no rupture, I concluded that the effusion was from a very small vessel; it very often happens that you cannot find the aperture—if a large vessel had been ruptured the pressure on the brain would have been more sudden, and would have destroyed life sooner—finding no rupture, I should conclude that it was slowly progressing; under those circumstances a man would be more likely to be able to go about his business, and we should have the better chance of relieving it; it might afterwards go on increasing.
(The prisoner received a good character.)
GUILTY . Aged 38.— Confined Four Mouths.
MR. EWART conducted the Prosecution.
JAMES COMLEY . I am a potman, and live at No. 2, Trevor-square, Cottage-row, Knightsbridge. On Thursday, 15th Sept., about a quarter to 3 o'clock in the morning, I was in the York-road, Lambeth, going home—I saw Clark come up to me; he approached me from behind; he put his right hand on my shoulder, and his left hand on my mouth—then Howe comes up—he came from behind also; I had not seen either of them at that time—Howe up with his fist and hit me in my right eye—he came round in front of me to do that; he hit mc very severely—I did not fall—I just had power to
halloo out "Stop thief!"—he hit me very severely—he knocked me senseless against the wall—Howe put his hand into my right band pocket, and tore the pocket and waistband totally out—there was 7d. 6d. in the pocket—they did nothing else—I just had the power to say, "Stop thief!" and the constable came up—when they saw the constable coming up, they ran away—they ran away first, and then I cried, "Stop thief!"—to the best of my recollection, the money I had in my pocket was a half crown, 4d. 6d., and 6d. in copper—I told the constable I had been robbed—I was quite sober—there was a lamp-post near where this took place—I had the power to see the persons that robbed me, and I did see them.
COURT. Q. When did you first see them; because you say they came up behind you? A. They came behind me, and then they ran away; I first saw their faces when they turned round, when the constable had got them—I did not see their faces before the constable caught them—they had not time to run far—I had never seen them before—I know them by their dresses, and everything—I know from their dress which it was that struck me, and which came up first—Clark is the man that laid his hand on my shoulder, and Howe is the man that struck me and robbed me.
Cross-examined by MR. O'BRIEN. Q. How soon after you were attacked in this way was it that the policeman brought these two men? A. I followed the policeman—they were not both caught together—I saw Clark first—Howe was not taken by the same policeman—I knew him by his red handkerchief—it is the same he has on now—I knew him by his handkerchief, and by his cap and his dress—when I saw his face it was in the York-road, near Sutton-street, in the custody of the policeman—I never lost sight of Clark till he was taken—I lost sight of Howe—it was when he was running away that I caught a glimpse of his handkerchief—I saw his face when he was brought to the station house—I did not see his face till then—that was quite half an hour after—the men began to run before I had the power of calling "Stop thief!"—it was near Sutton-street that I saw Howe—as he ran he turned his face sideways, to see who was coming—I was running after Clark—Howe ran one way, and Clark another, coming towards the policeman—I cannot say what street Howe ran into—Clark went a straight road, down the York-road, going towards Westminster-bridge—I could not say which way Howe ran—I was at the station house when Howe was brought in—it was Tower-street station, I believe—I never heard his name before that night—Clark was brought in first—I saw him taken, and I said, "That is the man that stopped me, and put his hand over my mouth"—I never lost sight of Clark, I am quite sure of that—I did not see Howe taken—I had not been drinking anything that night—I had been to see my brother and sister in Broadwall, Stamford-street—I went there at 8 o'clock, and remained there till a quarter past 2 o'clock—I took a crust of bread and cheese—that was all.
Cross-examined by MR. PEARCE. Q. Did you take anything with your crust of bread and cheese? A. Nothing at all—I am a potman—I have been a teetotaller—if my brother and sister had taken a glass of ale I should, but as they did not I did not—I was potman to Mr. Benn, of the Fox and Bull, Knightsbridge—I left on the Wednesday as I was robbed on the Thursday morning—I saw Clark taken by the policeman against Sutton-street—I was attacked in the York-road—Sutton-street turns out of the York-road.
COURT. Q. Was he going down Sutton-street? A. He was going, only he turned round and came back again, and ran into the constable's hands—he was going down York-road, and turned round when he saw the constable
running after him—the constable was coming towards him, down York-road, so as to meet him, and then he came back towards me—he was running towards me and the policeman at the same time—he at first ran from me—the constable was not coming the other way—he was coming behind.
MR. PEARCE. Q. The constable was behind you; you were nearest to Clark? A. No, the constable was nearest to Clark—I was not sensible after receiving the blow for a long time—I have not been sensible to this present time—I have not been sensible since—I got up somehow; I cannot tell how—I laid a few minutes, I should say somewhere about six minutes, before I got up—I then ran after Clark—I swear that I ran after him—I overtook him near Sutton-street—I knew him by his smock frock behind—he had not time to get out of sight—I was not on the ground the whole of the six minutes—I was trying to get up.
COURT. Q. You say you lost sight of Howe? A. Yes; I did not see his face till he was brought to the station, half an hour after—I remained some time insensible after I got up—when I got up I saw the constable running, not Clark at first—I just saw him run, and I knew him again—he ran down the York-road—the constable was running after him—I came behind the constable—he saw the constable coming, and turned round—the constable laid hold of him, and I went up—he was holding him when I came to him—I did not see his face till then, but I did not lose sight of him—I was rather insensible before I saw him running, not much—I had not lost sight of Clark before I saw him running—it was when the constable came up that I first saw him running.
CHARLES STEWART (policeman, L 185). I was on duty about a quarter to 3 o'clock last Thursday morning in Manor-street, York-road, Lambeth—I heard a cry of "Police!" proceeding from the corner of Sutton-street—I saw the prisoner Clark running from the cries, with another man dressed as a coalheaver—I am not able to say whether Howe was the other man—I could not swear to him, the street was dark—I caught hold of Clark, and held him—he said, "Let me go, I am after him"—I had been in the street for some time, I suppose ten minutes, and no one had passed between the time of the cry of "Stop thief!" till Clark came up—he ran up to me—I met both of them in the street, running—the other man continued running, and escaped—I held Clark, and he said again, "Let me go, I am after him"—I held him till the prosecutor came up—he said, "That is one of the men that robbed me"—Clark replied, "You are a false man to accuse me"—I then sprang my rattle, and my brother constable Fermeger came up—I told him what I had seen, and he went after the other man, and while the charge was being taken against Clark, Howe was brought in—the prosecutor directly pointed to him, and said, "You are the other man"—Howe said he was not the man, it was a falsehood—I searched Clark, and found on him one shilling, two sixpences, a 4d.-piece, and 1 1/2 d. in copper—after locking Clark up I went back to the spot where I had taken Clark into custody, searched, and found this pocket, and part of a waistband of trowsers, containing a half crown, a shilling, a sixpence, and 6d. in coppers—it was within a yard of where I took Clark, and about twenty yards from where I heard the cry of "Stop thief!"—both the men ran in the same direction out of Vine-street into Manor-street—they ran down Sutton-street, and turned the first turning into Manor-street—I met them at the corner of Manor-street—Manor-street leads into Vinestreet—it is near the Belvedere-road.
COURT. Q. Which way were they coming? A. They were just turning the corner of Sutton-street—I did not see them running down the York-road
—I first saw the prosecutor as soon as I got to the corner of Sutton-street——he was staggering towards me, without his hat—I did not see him till I got to the corner of Sutton-street—he could not see me catch hold of Clark—he saw me with him in custody—Clark must have been out of his sight at the time I caught him—I found this pocket just at the corner of Manor-street and Sutton-street.
Cross-examined. Q. Manor-street is nearer Westminster-bridge than Sutton-street, is it not? A. It runs from Sutton-street towards Westminsterbridge; it does not run parallel with Sutton-street; it is the first turning on the left out of Sutton-street—I was in that street when I heard the cry of "Stop thief!"—it was at the corner of Sutton-street that the prosecutor was knocked down—when I came up with Clark in custody I was in Suttonstreet: when I saw the prosecutor, he was coming towards me from the corner; he was about four or five yards from the corner when I got up to him—I caught Clark at the Manor-street corner of Sutton-street.
AMBROSE FERMEGER (policeman, L 142). On Thursday morning, 15th Sept., I was in the Belvedere-road, and heard a rattle spring in the York-road—I ran towards it, up Vine-street, into the York-road, and saw Clark in custody of Stewart—he told me something; in consequence of which, I went back to the Belvedere-road, and there I met Howe—he walked up to me, and asked me to give him a light of his pipe—I told him to go to the toll-bar of Hungerford-bridge, he might get it there; and as there were two or three more at the time coming off the bridge, I did not take him into custody then—I followed him along the Belvedere-road, along the Commercial-road, till he came to the Old Barge house public-house, at the corner of Upper Ground-street—he there laid down on a seat in front of the house—I went up to him, and told him he must go the station with me—he said, "I am an honest man; I have no objection to go"—I then asked him which way he came to the Old Barge house—he said he had just come out of Holland-street, Blackfriars-road, and Holland-street is in quite a different direction from the way he came—I searched him, and found two shillings, two sixpences, 8d. in copper, and a duplicate—the coppers were in his right hand trowsers pocket, and the silver in his fob.
Cross-examined by MR. O'BRIEN. Q. Whereabouts in the Belvedere-road was it that you had been speaking to him? A. It might perhaps be fifty yards from Vine-street, or rather more; he was going towards Waterloobridge—I was in the Belvedere-road when I first beard the rattle—I then went up Vine-street, into the York-road, not through Manor-street—I heard a man running up Vine-street, but I was not in time to stop him—that was while I was in the Belvedere-road, after hearing the rattle; he was going into the end of College-street—I saw him cross the Belvedere-road into Collegestreet.
COURT. Q. You said just now you did not see him? A. I saw a roan; I could not say who it was—I did not go down College-street, because I heard the rattle spring again, and I thought it my duty to go and see what the matter was there, and I went into the York-road—when I came back from the York-road I came down Sutton-street, not Vine-street; I turned towards College-street, and met Howe by Hungerford-bridge.
HENRY BAIRD . (policeman, L 67). On the morning of 15th Sept., at a quarter past 2 o'clock, I saw both the prisoners at the corner of Stamford-street, Waterloo-road—they were together—there were two gentlemen getting into a cab, and Clark stood close to the cab; I stopped directly, and took notice of him—he went to a coffee-stall at the corner, and had a cup of coffee
there—I am quite sure the prisoners are the men—I had seen them about the streets, and am quite sure of them.
Cross-examined by MR. PEARCE. Q. They are coal porters, are they not? A. Yes; there are a great many coal porters employed about there.
COURT. Q. When you saw them, were they standing close together, or talking? A. They were standing close together, not talking—Howe remained standing on the path after Clark went away; he was close to the coffee stall while Clark had the cup of coffee—there was no one with them; there Were two girls near, but no other men.
MR. PEARCE. Q. It Is not at all an unusual thing, is it, to see coal porters about in that neighbourhood at that time? A. It is at that time, 2 or 3 o'clock; they commence work about six o'clock—Clark is always walking about at all hours of the night.
COURT. Q. After Clark had the coffee, what became of them? A. I cannot say where they went to; I left them there.
CLARK— GUILTY . Aged 35.— Six Years of Penal Servitude.
HOWE— NOT GUILTY .
Before Mr. Recorder.
(The witnesses did not appear.)
NOT GUILTY .
Before Mr. Common Serjeant.
MR. RYLAND conducted the Prosecution.
JOHN HANCOCK . I am a grocer's assistant, at Walworth. On Sunday evening 14th Aug., I was opposite the King's Head in Walworth-road, about five minutes before 11 o'clock—I had a watch in my left hand waistcoat pocket, and a purse, and some money in it in my other pocket—I was standing still against a post—the prisoner Jones passed behind me, and she said, "Well, my dear, where are you going?"—I said I was going in—she said, "Will you take a walk a little distance?"—I walked with her a little distance down the Walworth-road, and into York-street—when we got there she said, "Just come up here a little way"—there is a turning there, called James-street—I went in that turning with her, about six or seven yards from the corner, she then placed one of her hands under my waistcoat—I placed my hand on my pocket, where my purse was—my watch was secured by a guard round my neck—a shortish young man passed just at the same time that the female was talking to me, and I had my hand on my purse—that was a short young man, not the male prisoner—as soon as the young man had passed, the female placed her hand on my watch guard—she took the watch out of my pocket—I saw her break it from the swivel of my guard—I got hold of her wrist directly, and said, "You have taken my watch"—she said, "I have not got your watch"—I said, "You have"—and I was trying to get it from her, and the male prisoner came from the corner and knocked me down while I was trying to get the watch from the female prisoner—I had not seen anybody at the corner before he appeared and knocked me down—I pulled the woman down with me when I fell, and the man placed his hand
across my throat, and he said, "You ought to be ashamed to strike your wife in this manner"—I had not struck her at all, but I kept hold of her wrist and tried to get the watch from her—the man placed his hand on my mouth—I turned my head, and called "Murder!"—some people came up, and as I got up I let go the woman—the man made his escape, and the woman followed him—she left her shawl and handkerchief behind her, but not the watch—I took the shawl and handkerchief, and went after her—I overtook her, and said, "You have taken my watch out of my pocket"—she said, "I have not"—I caught hold of her, and a man said, "Hold her tight, I will go for a constable"—I held her till the constable came up.
Cross-examined by MR. SLEIGH. Q. This was about 11 o'clock at night? A. Yes; five minutes before 11 o'clock—I was going home—I was standing just against my own door—I had been taking a walk round the Strand, and likewise in St. James's Park from 6 o'clock—I went into one public house, and had a glass of stout—I had nothing more all the evening till I met this female, with whom I had conversation—I am not in the habit of entering into conversation with young ladies in the street at 11 o'clock at night—I am not married—there is a dead wall on each side of the place down which I went—the lamp is at the end of the passage—it is ten or a dozen yards from where I and she were to the nearest lamp; it might be twenty yards, I cannot say—I cannot swear it was not fifty yards—there were several men round when I hallooed out, but when I found the watch being dragged from my pocket, there was no one there—I was not so interested in the conversation that I did not know how many persons were there—I saw a shortish young man pass by at the time the watch was being drawn—that was not the male prisoner, but it was the male prisoner who knocked me down; that I have no doubt about—he was not the person whom 1 had seen pass before—I have never said that the man who knocked me down was the person who passed before; I swear that—I have not stated that the man who hit me in the breast and knocked me down was the man who passed before—this is my handwriting to this deposition.
Q. Now listen to this—(reads: "Just then the same young man who had passed, and that was the male prisoner, came up and hit me in the breast with his fist and knocked me down;" now, your statement to-day, and that before the Magistrate, are both contradictory; one of them cannot be true, which is false? A. The one I made before the Magistrate is false.)
Cross-examined by MR. PAYNE. Q. I think you say you were standing outside a public house? A. Yes; I was opposite the public house, the King's Head—I was not going in the public house—I told the woman I was going in, meaning in my own house, which is opposite the public house—she asked me to take a walk—I did not think she was a respectable young lady—I had never seen her before—I cannot say whether she was in the family way, I did not notice—I went into York-street, and then into James-street—I did not go anywhere else, I stood in James-street—I stood up just aside the wall, and she put her hand under my waistcoat pocket, and I placed my hand on my pocket—I did not go into this place for anything—I was not leaning against the wall—she put her band under my waistcoat—I became alarmed for my money—I knew she could not get my watch without my knowing it, because of the guard—I am sure there was a watch at the end of the guard—I had had the watch some years—I went there because she asked me to take a walk, and we did—she said, "I suppose you have been taking a walk and enjoying yourself?"—I said Yes, I had," and the young man passed, and then she put her hand under my waistcoat—I had not sufficient time to go
away—I did not give her anything—I was not attempting to take any liberties with her—she had begun unbuttoning my trowsers—I was not there more than five minutes before the watch came out of my pocket—I was talking all that time—I had been drinking one glass of stout—I came out at 6 o'clock from the Caledonian-road—I had had nothing more from my dinner—I had half a pint of porter for my dinner—I stopped at home in the afternoon, and had tea at home; I then went to walk about the Strand and St. James's-park—I walked four or five hours for my own pleasure, up one street and down another—I was assistant to Mr. Diplock, a grocer—I went on the Monday morning and told the foreman I had lost my watch, and I was going to Kennington-lane, and the foreman told the proprietor, and he gave me a written month's notice to leave—I was with him a year and eight months.
MR. RYLAND. Q. You have been asked if the deposition was true or false; did you say that the same young man who had passed hit you in the breast with his fist and knocked you down? A. No; that is false—I know it is false.
Q. But how came you to say it, if it was false? A. I stated the flame thing as it occurred—I am not aware that this was read before I signed it—I do not recollect that it was read to me—I know this is false, because it was not the man that passed that knocked me down.
COURT. Q. How came you to tell the Magistrate that that you now say is false? A. It is quite a mistake—I stated before the Magistrate what is written down.
MARY ANN PRESTON . I am single, and live at No. 5, York-buildings, East-lane, Walworth. I remember being in the Walworth-road, near the King's Head public house, on a Sunday night in August—I do not know the date—I saw the prosecutor standing against a shop door—I passed him—I came back to the corner and saw him again, and the female prisoner with him—I saw her face—shortly after, I went down York-street as far as the corner of James-street—when I got to the corner I heard a cry of "Murder!"—I turned round the corner on bearing that, and I saw the prosecutor and the female lying on the ground—I saw the male prisoner; he bad his knees on the prosecutor's breast, and his hand on his mouth—the female struggled to get away—I saw she had a watch, and she gave it to the male prisoner—he ran away—I told a man who was there to call a policeman—I have not always told the same story that I have now, because I saw the state the woman was in, and I took compassion on her—I felt for her as if she were my sister, but she has offended me since—I told the Magistrate the first time that I did not see the male prisoner—the female was in her confinement; I took compassion on her, but she has offended me since.
Cross-examined by MR. SLEIGH. Q. You told the Magistrate that there was no man there at all? A. Yes, the first time; but the Magistrate heard me again afterwards—that was on the Thursday after—I had not had any conversation with the policeman.
GEORGE BUTT (policeman, P 340). I went to the prosecutor on that Sunday evening—I found him in York-street—he bad hold of the female prisoner—they appeared very dusty, as if they had both been on the ground—the prosecutor charged her with robbing him of his watch—I took the man prisoner on the Tuesday—I told him he was charged with this offence—he denied it.
Cross-examined by MR. PAYNE. Q. This woman has been confined in the prison? A. I am not aware of it—she was committed on the 18th of
last month, I believe, first to Horsemonger-lane—there appeared to have been some struggle; she and the prosecutor were very much excited—her shawl and handkerchief were off—I have not found any watch—the prosecutor could not give any number of it.
Cross-examined by MR. SLEIGH. Q. There was another man taken, who has been discharged? A. Yes.
The prisoner' statements before the Magistrate were read, as follow:—Jones says: He gave me a shilling, and because I would not let him do as he liked with me, he laid hold of me and threw me down."—William says; "I was not there at all, I do not know anything of it."
WILLIAMS— NOT GUILTY .
JONES— GUILTY . Aged 23.—Recommended to mercy by the Jury.— Confined Five Months.
MESSRS. POLAND and GEARY conducted the Prosecution.
SUSAN BURROWS . I am barmaid at the Father Red Cap, at Camberwell, On the 20th of Aug. the prisoner came to the bar for half a pint of porter—she gave me a sixpence—I saw it was bad, and directly passed it to my matter.
WALTER HOOKER . I am the landlord of the Father Red Cap. On the 20th of Aug. I saw the prisoner at the bar—she was served with half a pint of beer by the last witness—I was standing close by her at the time—she took a sixpence of the prisoner, and handed it to me—I said, "This is bad"—I doubled it, and broke it—I went round the bar, and said to the prisoner, "Have you any more of this sort?"—she made no answer—it was then between 11 and 12 o'clock at night—I gave the prisoner and the sixpence to the policeman.
GEORGE RUNNINGTON (policeman, P 188). I took the prisoner on 20th Aug., at the Father Red Cap—I took her to the station—the sergeant took the charge—he asked her what she had upon her—she said, "Nothing"—he asked her to turn out her pocket—she turned out her pocket, and produced a good sixpence, and some trifling articles—she was token to Peckham station, and searched—I produce this sixpence, which I got from Mr. Hooker.
JOHANNA KELLICK . I searched the prisoner at the Peckham station, between 1 and 2 o'clock on Sunday morning, the 21st Aug.—I found no money in her pocket—I took her clothes off, and shook them, and this shilling fell out, wrapped in a bit of tissue paper—the prisoner saw me pick it up, and she said, "Mast you show that?"—I said, "Oh, yes."
Prisoner's Defence. I am an unfortunate woman; I received the money, not knowing it was bad.
GUILTY . Aged 27.— Confined Twelve Months.
MESSRS. POLAND and GEARY conducted the Prosecution.
SAMUEL JARMAN . I am clerk to the solicitor of the Treasury. I produce a certificate from Mr. Clark's office (read—At this Court, on 10th May, 1852, William Gillard and Jane Gillard were convicted of uttering counterfeit coin, and severally imprisoned for one year.)
Cross-examined by MR. LILLEY. Q. Had you the prisoner in custody? A. No, I had his wife—he was tried in the name of William Gillard—I will undertake to state that he is the same man.
SARAH GIBLING . My grandmother keeps a tobacconist's shop, in Longlane, Bermondsey. I was there on Friday, 12th Aug.—the prisoner came, and I served him with a quarter of an ounce of tobacco, which came to 3/4 d.—he gave me a half crown, which was a good one—I gave him 5 1/4 d., and took the half crown to my grandmother to get the two shillings—I returned to the shop, and my grandmother with me—I then saw my grandmother give the prisoner two shillings—she laid them on the counter—the prisoner asked for the half crown back, and said he had got a penny—he had taken up the 2d. 5 1/4 d., and when he asked for the half crown back he put the 2d. 5 1/4 d. down on the counter, and when my grandmother went to take it up she said, I did not give you this shilling."
COURT. Q. Your grandmother gave him two shillings? A. Yes, she put them on the counter—the prisoner then asked for his half crown back, and said he had got a penny—my grandmother then said, "I did not give you that shilling"—that was a shilling that he bad laid down—I could not distinctly see what he did—I did not see him produce any shilling—he afterwards took the two shillings, and went away.
Cross-examined. Q. Did you see him take up the two shillings at all? A. Yes, when he went away—I did not see him take it up before that—I did not see him lay any down.
MR. POLAND. Q. Where was he standing? A. In front of the counter—the shillings were lying on the counter near him—his hands were on the counter—I only saw him lay down the penny.
MARY HEADFORD . I keep a general shop, in Long-lane. I was in my parlour on Friday, 12th Aug.—my granddaughter brought me a half crown—I returned with her to the shop—the prisoner was there—I gave him two shillings—she had given him the 5 1/4 d.—I put the two shillings by the 5 1/4 d.—he moved the shillings, and said, "Never mind the change, I have a penny"—I looked, and saw there was a bad shilling substituted for one of my good ones—I am positive the two shillings I put on the counter were good—I said, "That is not the shilling I put down on the counter, I will be upon my oath"—he said, "It is as good a shilling as ever was; it is a very good shilling; it is only a little dirty"—I said, "Why abstract my shilling, and give me this instead? I shall not give you your half crown back"—he took up the change, and went away, and said he wished he had a thousand of them—that was about a quarter after 1 o'clock.
Cross-examined. Q. Had you ever seen the man before? A. I think he had been once in the shop before; I will undertake to say that he was once—I think it was about a fortnight before—I do not think it was a month—I could not say it was not—when I went in the half crown was lying on the counter—I saw the prisoner make a move, I saw him touch the money—my counter is not very large—I saw him put his hand down on the money—I cannot tell in what reign the shillings I gave him were coined—I know they were legible and good—I took particular notice that they were good.
MR. POLAND. Q. Are you confident that one of the shillings which was on the counter afterwards was one which you had not given him? A. I am confident that the first two shillings were good, and that one of them, which was on the counter afterwards, was bad.
MR. LILLEY. Q. Could you tell where you took those two shillings that you gave him? A. No, because I took them from other shillings that
were in my private drawer—my attention was drawn to those two shillings I took particular notice of them—I could not say of what reign they were—I am positive they were good—I am between sixty and seventy years old—I wear spectacles—I had not them on then; I can see very well without them.
ALFRED GIBBETT . On Friday, 12th Aug., I was in the Star and Windmill, at the corner of Long-lane, Bermondsey, having a glass of ale. The prisoner came in about five minutes past 2 o'clock; he asked the barman if he would give him a half crown for 2s., a 4d. bit, and 2d.—the barman said, "You want to best me"—the barman gave him the half crown, and he went away, and about ten minutes afterwards I saw him, facing Mr. Nicholls's house, in custody—I saw him knock something out of Mr. Nicholls's hand.
Cross-examined, Q. How do you know it was the 12th of Aug.? A. Because I am sure it was; I was in there having a glass of ale—I was just looking at the paper—I have an almanac at home—I did not look at it, because I did not think anything about the case till I saw him in custody—I know it was Friday, because I was going to work to pull up a bit—that is the only reason why I think it was Friday—I work at the Spanish leather business, for Mr. Jacob Tout.
MR. POLAND. Q. Was this the same day that you saw the prisoner in custody? A. Yes; I know Mary Headford's, it is right opposite to where I work, at Mr. Tout's—her house is about 150 yards from the Star—I know Mr. Nicholls, a greengroeer—that is about 20 yards from the Star—you would have to pass the Star to get to Mr. Nicholls's.
ELIZABETH NICHOLLS . My husband keeps a greengrocer's shop, at Star-corner, Bermondsey. On Friday, 12th Aug., the prisoner came about 2 o'clock; he purchased a cucumber; he paid me with a half crown—I gave him in change 2s., and was about to give him the halfpence, and he said he had halfpence, and told me to give him the half crown back—I did, and he gave me back two shillings—he put them into my hand, and the halfpence for the cucumber, and he said, Old woman," or Mother, give me an onion?"—I told him to take one out of the bin at the door, and he did, and went away—I discovered directly that he had given me a bad shilling—one of them was bad—I am confident the two shillings I gave him were good; I had no other shillings in the till—I make it a rule every day before dinner to put the silver away—I had done so, and left only two shillings in the till, which I know were good; and those were the two I gave him—when I discovered that one of the shillings he had given me was bad, I showed it to my husband, and he marked it, and gave it me again, and I gave it to him again about five minutes afterwards.
Cross-examined. Q. Had you ever seen the man before? A. I thought I had some recollection, but I am not quite positive—I will not undertake to swear that I ever saw him before—I am fifty years old—he was rude enough to say to me, "Old woman," or "Mother"—I cannot say how many shillings I had in my box before he came in, but I know those were good—I examined the shillings before I gave them to him, and that was the second time I examined them—I did not notice what reign they were, and I cannot tell—I examined them so far as to know that they were good.
JOHN NICHOLLS . I keep the greengrocer's shop. On Friday, 12th Aug., I saw the prisoner standing at the door, talking to my wife—my wife afterwards said something to me—I went to look after the prisoner, but could not find him—my wife showed me a bad shilling—I continued looking for the prisoner for some time, and I saw him in custody of a policeman—I said to
the policeman, in presence of the prisoner, that he had passed a bad shilling in my shop; the policeman told me to fetch it—I went across to my wife—got the shilling, marked it, and took it to the policeman on the opposite side of the way—I was about giving it to the policeman, and the prisoner said, D—nand b——r the shilling!" and he knocked it out of my hand, and said, "Now you have lost all trace of it"—it fell on the footpath—a person picked it up, and gave it me—I said to him, "Never mind, my boy, it is marked; I can swear to it, and so can my wife; there is no mistake about it, let it go where it will"—this is the shilling; you will see a mark under the nose.
Cross-examined, Q. The prisoner was rather the worse for liquor? A. He had been drinking, evidently—I think I had seen him before, but I will not swear it—it might be seven or eight minutes after I saw him talking to my wife that I saw him in custody; I think not so much as ten minutes.
MR. POLAND. Q. Have you any doubt that he is the man? A. No, not the least; I noticed him particularly for certain reasons, but we do not want to make a bad case worse.
JAMBS HOWELL . I live with my uncle, who keeps the Star and Garter, at Star-corner, Bermondsey; it is about thirty yards from Mr. Nicholls's. I was at the bar, on 12th Aug.—the prisoner came, and asked for a quarter of an ounce of tobacco—I served him—he gave me a half crown; I laid 2d. 5d. change on the counter—I saw a shilling drop from the prisoner's hand amongst the change which I had put on the counter—I went to draw a pint of beer, and the prisoner said, "Give me back my half crown, I have got a penny;" I said, "I will attend to you presently"—I then examined the money on the counter, and saw one shilling was bad—I kept it, and told him it was no use to come that practice on me, I took more money than he saw in a week—he said strike him b—y blind, he would have his shilling—I did not give it him—I ordered him out of the shop—he threatened to thrust a steel down a man's throat that was in the shop—I shoved him out of the shop, and gave him into custody, there and then, in the Grange-road—I kept the bad shilling in my hand till I got to the station; I then gave it to the inspector—I saw him give it to the constable.
Cross-examined, Q., Was the prisoner drunk? A. Yes; I told him to go, and he would not—he might have gone—I put the shillings on the counter, and I was by the counter and moving to another position—I saw a shilling fall from his hand amongst the change—his hand was just over it, and I saw a shilling drop—I am positive the shillings I gave were good—I know I had no bad ones—I have taken bad ones, but I did not take that one—I cannot tell the reign in which the two shillings were coined, nor the date of them—I cannot say whether the bad shilling was like either of those I gave him.
JOHN EADDY (policeman, M 168). On 12th Aug. the prisoner was given into my custody by the last witness, for passing a bad shilling—he gave the shilling to the inspector, and he gave it me—while I was with the prisoner, Mr. Nicholls came up with a bad shilling, which he produced to me, and the prisoner knocked it out of his hand—I heard the prisoner tell Mr. Nicholls he had lost all trace of it.
Cross-examined. Q. The prisoner was drunk, was he not? A. Yes; this shilling was given by Mr. Howell to the inspector, and he gave it to me.
GUILTY . Aged 62.— Confined Two Years.
GUILTY . Aged 20.— Confined Twelve Months.
JOHN CALNON . I live at Rotherhithe. On 30th Aug., about 6 o'clock in the afternoon, I was at Trinity-wharf, and saw Murphy cutting the lead off a cistern, which was sunk in the ground—he tied the lead up in a blue handkerchief, and went away with it till he came to Cow-lane—he went down there—there is a marine store shop there—Alexander Smith was with me, but he only saw him tie the lead up—he went and brought a policeman, and we went with him to Hulkin's shop in Cow-lane, and saw Murphy there in the shop, between the front door and the passage, which leads into the back room—he had a match in his band, and his pipe—I am sure he is the man—he worked on the next wharf, about three days before—I saw Hulkins in the shop close to Murphy, and then they shut the door.
ALEXANDER SMITH . I am eight years old. I was with Calnon, and saw Murphy, who I knew by sight, cutting the lead; he tied it in a blue handkerchief, and went down the wharf to Cow-lane—I got a constable, and we all went to Cow-lane, and saw Murphy in Hulkin's passage; the constable went up to him, but I did not hear what he said.
Cross-examined by MR. ROBINSON. Q. Did you go into the front room? A. No; I did not see Mrs. Hulkins.
JOHN CARTHY (policeman). Smith came to me, and I went with him to Hulkin's marine store shop in Cow-lane—I saw Murphy close by the door of the front room, and asked him what he had done with the lead; Hulkins was about a yard from him—Murphy said he knew nothing about the lead, and he took no lead—Hulkins said he saw nothing of the lead, he bought no lead; and said, "If he brought lead here, I know nothing about it; he came in to light his pipe"—I went into another room, and found these three pieces of lead (produced) under the counter—they were not in any handkerchief, but I found a blue handkerchief in Murphy's pocket—I know that the lead belongs to the cistern, because I live on the premises to take charge of them, and had put these marks on the lead three days before (pointing them out)—it is the property of Mr. Charles Churchill.
Cross-examined, Q. Murphy was lighting his pipe when you went in? A. Yes; I did not notice Mrs. Hulkins there, she might have been.
HULKINS, NOT GUILTY .
(Murphy was further charged with having been previously convicted.)
WILLIAM HUMPHRIES . I produce a certificate (read: Central Criminal Court, William Murphy convicted, Sept. 1845, of stealing a purse and money, confined six months)—I was present, Murphy is the person.
GUILTY . Aged 28.—- Confined Twelve Months.
1044. JOHN ADAMS , burglariously breaking and entering the dwelling house of Francis Atkinson, and stealing therein, 1 teapot, and a large quantity of plate, value 150l.; his property; to which he pleaded
GUILTY . † Aged 40.— Four Years of Penal Servitude.
1045. MARY SMITH , stealing 1 scarf and 1 handkerchief, value 8d.; and within six months, 5 handkerchiefs, and other articles, value 5l. 5s.; and within six months, 1 couch cover, value 45.; the goods of Samuel Bradley: to which she pleaded
GUILTY . Aged 30.— Confined Eight Months ,(There was another indictment against the prisoner.)
(Upon MR. SLEIGH opening the ease to the Jury, the Court was of opinion that there was not sufficient evidence against the prisoner, and directed a verdict of
NOT GUILTY .)
MR. METCALFE conducted the Prosecution.
JAMES RHODES . I am a painter of Robinson's-place, Stockwell. On Monday, 15th Aug., a little after 12 o'clock, I came out of the Sportsman beershop, with Charles Hook, Edward Goldspink, and the prisoner—I and Hook left and went home, leaving Goldspink and the prisoner standing there by Mr. Fenton's house.
EDWARD GOLDSPINK . I live at Ingledon-street, Brixton, and am a labourer. I came out of the Sportsman with Hook and the prisoner, we stood by Mr. Fenton's shop—Hook and Rhodes left, and I remained with the prisoner—I was looking at the Vauxhall fireworks, and in a few minutes I heard a window smash, and saw the prisoner at Mr. Fenton's window alone—he came towards me, and told me that he had put his handkerchief round his fist, took his cap in his hand, and thrust it into the window—I pasted on, he walked by my side, and when I got into Ingleton-street, where I lift, he said, "If I take the things I wish you to shift them, to take them of me"—I said, "No, John, I will not have anything to do with it"—I then went borne—I saw the prisoner again next day, and told him that an officer was after him to take him into custody—he said the things were at his own home, and directly after that he left the beer shop and went away—I had not seen Rhodes, or a policeman, or made any communication; as the next day I had to go to Blackwall, I did not come back till evening.
Prisoner. Q. Did you see me break the window? A. No; but there was nobody there but you—I would not swear you broke it—I did not tee you take anything from it—I did not stay till the prosecutor came home and give information, because I did not want to have anything to do with it whatever—I was not taken into custody on 16th Aug.—I went to the station with you, and denied knowing anything about it, that was because I did not wish to harm you—I did not appear at the first examination, at Kennington-lane, because I had got too much drink overnight—I was compelled to state what I knew in order to clear myself.
MR. METCALFE. Q. You were not taken into custody? A. No; I said nothing about it till I was examined upon oath.
GEORGE ALFORD (policeman, 236 P). On 15th Aug., about twenty minutes past 12 o'clock, I passed the prosecutor's house, and saw the prisoner and Goldspink a short distance from each other—the prisoner was nearest to the prosecutor's house—he was close by the front of the window, and Goldspink was about five yards from him—the Vauxhall fireworks were going off, and Goldspink was looking at them—the prosecntor's window was then quite safe—I went round again, about twenty minutes to 1 o'clock to see, and found it broken, so as to give access to the things in the
window; which was common jewellery—I did not see the prisoner—Goldspink was perfectly sober—there was no shutter put up at the window.
Prisoner. Q. Where is the button that was found? A. The Magistrate said it was not necessary to bring it, as it could not be sworn to—I do not know what became of the shirt studs which were found by a little child—nobody could swear to them.
ANTHONY FENTON . I am a hairdresser, of No. 29, Robert-street, Brixton. I went out on this night, leaving my window safe—I returned a little before 1 o'clock, and found a pane of glass broken—there was no shutter up—I missed several brooches, a pair of hair bracelets, and other common jewellery, which had been in a glass case in the window; a person putting their hand in could lift up the lid and take them—I have not found any of them—it is my dwelling house, and is in the parish of Lambeth—I lost some shirt studs and waistcoat buttons, and some of the same description have been shown to me by the policeman.
Prisoner. Q. Did you examine the shop that night, to see whatyouhad lost? A. No, because I considered some person had fallen against it—I put the shutters up—I remember your coming to the shop next day, to ask me something about a pipe—I did not say anything to you about the robbery.
Prisoner's Defence. If Goldspink was standing at the short distance of three or four yards he must have seen me break the window; but when he was taken to the station he strongly denied all knowledge of it, and of me as well; he never appeared at Kennington-lane, and I got a remand for the opportunity of getting him to state what he stated at the station, and when he came he stated a different thing altogether; he is rather a light character, and has been sent to Wandsworth, and there is a man in Court who can prove that he was found early one morning at the back of a gentleman's house for an unlawful purpose.
Prisoner. Q. Did not you challenge him, in the watchhouse, with being found at the back of a gentleman's house? A. He was found there drunk, and was confined for one day.
MR. METCALFE. Q. Should you have known if he had been at Wandsworth? A. Yes.
NOT GUILTY .
ADJOURNED TO MONDAY, OCTOBER 24TH, 1853.