CENTRAL CRIMINAL COURT.
CHALLIS, MAYOR. TWELFTH 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, October 24th, 1853.
Before Mr. Recorder and the First Jury.
MR. PARRY conducted the Prosecution, and MR. BALLANTINE the Defence. (The particulars of this case were unfit for publication.) (Several witnesses who had known the prisoner by the name of Scott, deposed to his good character.)
GUILTY . Aged 36.— Confined Twelve Months.
NEW COURT.—Monday, October 24th, 1853.
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY . Aged 19.— Confined Twelve Months.
GUILTY . Aged 29.— Confined Four Months.
GUILTY . Aged 52.— Confined Eighteen Months. (There were two other charges against the prisoner.)
GUILTY . Aged 20.— Confined Eighteen Months.
GUILTY . Aged 36.— Four Years Penal Servitude.
GUILTY . Aged 53. — Confined Twelve Months.
GUILTY . Aged 51.— Confined Six Months.
GUILTY . Aged 36.— Confined Three Months.
MR. GIFFARD conducted the Prosecution.
MICHAEL COLE . I am parish clerk of Great Walden, in Northampton-shire. I have known the prisoner more than thirty years, he was formerly groom to Lord Winchelsea—I knew Mary Richardson, she was living at her father's house—I was present at the parish church there on the 16th June, 1823; she and the prisoner were then married—I was present, and produce the certificate of the marriage—(Ready "John Davy, bachelor, and Mary Richardson, spinster, married by banns on 16th June, 1823,")—they did not live together more than six months after they were married—I believe be then went away—I did not see him afterwards in that part of the country—I have not seen him for thirty years after that time—his wife continued to live in the same neighbourhood with her father and mother, she is living now with a man named Plum, in the parish of Dean, which is four miles from Walden—she has been in the same neighbourhood ever since her marriage—I saw her alive on 27th Sept., it will be one month to-morrow.
Prisoner. Q. Do not you remember my being with you in 1826, and my wife was then in Kent? A. I cannot say about that; I cannot tell whether she is married to Plum—she has eleven children, and is living with him.
MR. GIFFARD. Q. Had she a child by the prisoner? A. Yes.
SARAH GAWTHORNE . I was a widow, till I married the prisoner. I married him at Spitalfields Church by banns, on 13th June, 1836, I have the certificate—I examined it by the books, it is a true copy (read)—the
prisoner never told me whether he was a bachelor or a widower, and I never thought to ask him—I never heard anything about his wife, till within the last six weeks.
Prisoner. Q. How long did you know me before you were married to me? A. About four years; it might have been twice four years—I had two children by you before we were married, but that was not my fault, you might have married me before—I was married about eight years, and was obliged to leave you through your cruelty—since that you have been living with a woman, and have got a family.
Prisoner. I married the second wife under the impression that I was single; I heard that my first wife was dead in 1830, a man sent me word that she died with the cholera; I afterwards married this woman, who had two children by me; her daughter would go out, and stay till 12 or 1 o'clock; I reproved her for it, and her mother said she should do as she liked, and they went out and lived at a common lodging house in Shadwell.
GUILTY . Aged 53.— Confined Four Months.
HENRY ARCHER . I am a butcher, and live in Lambeth walk. I sent three legs of mutton, and one leg of pork to Messrs. Hicks', in Newgate market, on 26th Sept.—I have never received the money for them—I went for it the next morning, but did not get it—I was to have had 16d. 11d.—I know the prisoner, but I did not send him for this money—he had left my employ three weeks, or a month before—I had once sent him for money to Messrs. Hicks'.
Prisoner. Q. Did you see me receive the money? A. No.
WILLIAM ADAMS . I am clerk to Richard Hicks and Son, of Newgate market; they are salesmen. I received three legs of mutton and one leg of pork from the last witness for sale—I sold them, the prisoner came afterwards and asked for the bill and money for Mr. Archer—he said for three legs of mutton, and one of veal for Mr. Archer; I said he was not correct, he had better go and get the correct account—he went away and came back afterwards, and said three legs of mutton and one of pork were brought—that was right and I paid him 16d. 11d., knowing him to have been previously in Mr. Archer's employ—on the next day Mr. Archer came, and asked for his money—I told him I had paid his man, and gave him a copy of the bill I had given to the prisoner.
Prisoner. Q. Why did you give two bills T A. I gave Mr. Archer a copy of the bill; I did not say I thought you were the person, I said you were the person—I did not give you in charge, it was not my place—I identified you as the person who bad received the money.
WILLIAM CARTER . On 26th Sept., I delivered three legs of mutton and one leg of pork to the last witness—the prisoner afterwards spoke to me and asked me what meat I took to Messrs. Hicks', and I told him three legs of mutton and one of pork.
Prisoner's Defence. Last July I was out of work, and I got Mr. Archer's place; he behaved very unhandsome to me; he promised me a shilling a week more after I had stopped a month, and he would not give it me; he
said when I weighed meat, I ought to call it so much more; I found him anything but an honest man; he had a great deal of bad money; he brought in a great deal, and put it in the till; he gave me one of the shillings, ant? told me to get it changed; I told him it Was bad; I bent it, and he put it on the block and flattened it with a weight, and told me to mind my own business.
GUILTY . Aged 20.— Confined Six Months.
OLD COURT.—Tuesday, October 25th, 1853.
Before Mr. Recorder and the Second Jury.
GUILTY .* Aged 19.— Confined Twelve Months.
Upon hearing MR. COOPER'S opening of the case for the prosecution, At COURT considered that the facts did not amount to a felony, and directed a verdict of
NOT GUILTY .
1062. GEORGE SMITH, SUSAN SMITH , and ROSINA CHURCHILL , were indicted for a robbery on John William Thompson, and stealing from his person, 1 watchguard, 1 chain, and 1 seal, value 27d.; his property.
MR. GIFFARD conducted the Prosecution.
JOHN WILLIAM THOMPSON . I am a shoemaker of No. 5, Harvey's buildings, Strand. On 26tb Sept., between 1 and 2 o'clock in the morning, I was on my way home—I had been drinking—several persons accosted me on my way home—I met two females in Maiden-lane, they asked me to go home with them, which I declined—I am not able to say who they were—they forced me down on my back, put their hands over my mouth, and some male person came up to rob me—they broke the ring and glass of my watch, and I lost my silver guard, and a steel chain intermingled with gold, about three inches long—I held my watch tight in my pocket—I kicked, and called, "Police!" the police came and took them into custody.
Cross-examined by MR. REED. Q. Where had you been? A. To a friend's house in St. Martin's-lane; I was not intoxicated: it was a drinking party, there were only three of us; there was no smoking going on—I have not told anybody before that I held my watch; I kept quiet from everybody, because I did not want my friends to know—I spoke to nobody between my friend's and my own house—I did not speak to some women when I came out of the house, they spoke to me, and I told them I was going borne—I did not stand still, I passed on—they passed by my side, I did not look at them—the gold chain was attached to a small swivel fastened to my buttonhole, which was broken; it was not round my neck, it was a demi guard Maiden lane is a thoroughfare, and is a short cut from St. Martin's lane to my house—it is not the principal thoroughfare, you can go by Chandos-street
—as far as I can judge, I met a great many people between St. Martin's-lane and my house; I met as many one part of the way as the other—I am certain I said nothing to the women, I only told them I had nothing to say to them, and that I was going home.
Cross-examined by MR. DOYLE. Q. Willyouventure to tell the Jury you were not decidedly drunk? A. I was intoxicated—I only remember part of what happened to me, because I was rather intoxicated—I know nothing of the prisoners—I was pushed down when I was unawares.
MR. GIFFARD. Q. At the time you were knocked down, didyousee a great many people about? A. No; it was very dark there—I was on the paved part of the street—I could have turned down opposite Coutta's bank, but I went round by the houses—I came all along Maiden-lane out of my way—I cannot tell how I came to do that.
WILLIAM PIKE (policeman, F 73). At a quarter before 2 o'clock on this morning, I was on duty in Tavistock-street, Covent-garden—I heard a cry of "Police!" in Maiden-lane; went there, and saw the three prisoners on Thompson, who was lying on the pavement, and was still crying, "Police!" when I got up to him—it was a stifling cry, as if some one bad their hand over his mouth—when I got about three or four yards from them they got up and ran away; I took the two females, and the man ran away—I pursued the females forty or fifty yards, but never lost sight of them—I took them to the station, and just as I went in the male prisoner was brought in by sergeant Humphreys—none of the prisoners appeared to be drunk—I went back to the spot about ten minutes afterwards with Serjeant Thomas, and saw him pick up part of a gold chain, and a seal, from the pavement.
Cross-examined by Mr. DOTLI. Q. What part of Maiden-lane was it? A. Within two or three yards of Southampton-street, on this side of the posts—Maiden-lane is a great thoroughfare; there are generally plenty of people there of a night—one policeman is not confined to Maiden-lane, but it is on his beat—Thompson was the worse (or drink, but he could walk very well; he was steady on his feet—the prisoners were able to run very well.
COURT. Q. You say Maiden-lane is much frequented by night? A. Yes; this was a quarter before 2 o'clock in the morning—I saw nobody but the prisoners—I saw nobody passing through Maiden-lane—I never lost sight of the women till I took them—I lost sight of the man when be turned the corner of Maiden-lane, end went down a court towards the Strand, about half way down—the police station is in Bow-street.
GEORGE HUMPHREYS (police sergeant, F 2). I was in the west end of Maiden-lane on 26th Sept., about 2 o'clock in the morning, and heard a stifled cry of "Police 1"—I ran towards it, and before I got up saw several persona on the ground—I saw the male prisoner get up and run away down Bull Ian-court, pursued by the prosecutor; he ran into the Strand, and down Salisbury-street—I followed him—there is a flight of steps leading to the water, at the end of Salisbury-street, which are closed up at night—I overtook him at the river end of Salisbury-street, and with the assistance of two other eon-stables brought him back to Maiden-lane—I was on his heels all the time, and never lost sight of him from the time he rose from the ground—I sound Thompson in Maiden-lane—he said he had been robbed of two chains, a seal, and I think he said a key; the ring of his watch appeared to have been wrenched off, and the glass was broken.
Cross-examined by MR. DOYLE. Q. Where were you when you heard the cry of "Police?" A. By the Cyder-cellars, in Maiden-lane—Bull Inn-court
is a thoroughfare into the Strand from Maiden-lane—Salisbury-street is very nearly opposite Bull Inn-court—the Cyder-cellars are fifty or sixty paces from where this occurred; I could see from one place to the other—there is a lamp in the middle of the court, which shines on the place, so that I could see the figures; but the spot is not well lighted.
Cross-examined by MR. REED. Q. There were three policemen when you came up to the man 1 A. There were two with me—the spot where I came up to him was 500 or 600 yards from where the occurrence took place—one of the other policemen was on duty in Maiden-lane, and the other in Salis-bury-street—one was behind me; I had just met him in Exchange-court, which opens into Maiden-lane, and J called to him to follow me; he was not actually in Maiden-lane at the moment; he was not above four or five yards from me, and could have heard quite as well as me—he is not here.
MR. GIFFARD. Q. Do you know whether the entertainment at the Cyder-cellars was over at that time? A. I do not think it was—there was no one in the street, except the persons on the ground; I could not distinguish their faces, but their figures I could—the Cyder-cellars are kept open till 3 or 4 o'clock in the morning, but the doors are shut.
MR. DOYLE. Q. Do you know whether they were closed? A. They are usually closed between 12 and 1 o'clock, but they will admit persons who knock—persons are constantly going in and out at that time—it is, in point of fact, an hotel, persons lodge there—a person coming along Tavistock-street could not see what happened till they got to the corner, but they could hear the cry I heard.
WILLIAM THOMAS (police sergeant, F 17). I live at Bow-street station. About a quarter before 2 o'clock, on the morning of 26th Sept., the prisoners were brought to the station, and in consequence of a communication made to me by Pike I went with him to Maiden-lane—he pointed out a spot to me, within two or three yards of which J found a seal, part of a gold chain, and a key made of steel and gold (produced.)
MR. DOTLE called
JOHN PEARCE . I am a greengrocer and general dealer. J have known George Smith for the last six months; he has been in my employment—I always found his character very honest; I have entrusted him with money—I do not know whether he was at work on 26th Sept., but the last day, Sunday, he was at work with me till 8 o'clock, and he was taken next morning.
Cross-examined by MR. GIFFARD. Q. Then the 26th was Sunday night? A. Sunday night was the last night be worked for me—I have known him by sight, it might be, for the last year or so, but never took notice of him—I cannot say where he was from Oct., 1851, to 1852, because I have no scholarship—I have heard something about his being in the House of Correction during that time.
COURT. Q. What do you mean by coming here to swear that as far as you have known he has borne a good character? A. While he was with me; I have got my bills in my pocket, to show that I have been paying a good deal of money away.
MR. GIFFARD. Q. Did you ever hear that he has been convicted of robbery? A. I never did.
(Policeman F 37 stated that George Smith was convicted, on his own confession, of picking pockets, in 1848, and confined three months; that he received
sentence of twelve months in Oct., 1851, for cutting and wounding the police; and was in custody in July, 1851, for assaulting a woman, and was discharged,)
GEORGE SMITH— GUILTY . Aged 18.— Transported for Fourteen Years.
SUSAN SMITH— GUILTY . Aged 19.
CHURCHILL GUILTY . Aged 18.
Confined Twelve Months.
(The COURT ordered the witness Pearce to be detained; and afterwards, at the rising of the Court, admonished and discharged him.)
MR. RYLAND conducted the Prosecution.
RICHARD NASH . I am a fishmonger, and live at No. 14, Fox's-buildings, Cole-street, Dover-road. On 4th Oct. I was at work at Mr. Fairburn's shop, in Lime-street, and saw the prisoner in the road, at the corner, by a post—there was a cart standing opposite the premises—I saw the prisoner go to the cart and take a cheese out—there was a small piece taken out of one side of the cheese—when he took the cheese he took it to the opposite side of the way, lifted it on his shoulder, and took it into Philpot-lane, and then threw it down, facing Mr. Croft's, the butter shop—I called a man in the market whom I knew, to watch him while I went to Mr. Brooke's, and fetched his clerk, Miller—he came and took hold of the prisoner—we did not say anything to him—he said he did not take it; that was when Miller took bold of him—I did not hear Miller say anything to him before he said that—at the station-house he was asked his name—he said he was a tradesman; he did not give any name.
Cross-examined by MR. RIBTON. Q. How far were you from the cart? A. About five yards; I was in the oyster shop; the cart was standing in the street, opposite the oyster shop—there was a man just before the prisoner, who lifted up the same cheese, and went away—he did not take the cheese; he lifted it up, and put it down again—I cannot say whether any one was watching the cart; there was no one there that I saw—it had not been standing there long—it was near Ship-passage, at the bottom of Leadenhall market—I was looking at the cart; I had not been desired to do so—I was serving in the oyster shop—there were persons in the shop—I saw the prisoner come and take the cheese out of the cart—the cart was about 100 yards from Philpot-lane—I do not know where the other man went to; he went away after he put down the cheese—I cannot say whether he went in the direction of Philpot-lane—I did not see him talking to the prisoner—it was a very few minutes after the other man took up the cheese that I saw the prisoner take it—I did not see above two persons passing at the time—I did not stop the prisoner at once; I let him get further away from the cart—Miller was at Mr. Brooke's, in the market—I left one of the men in the market to watch the prisoner while I went for Miller—his name is Brown; he is not here; he works for Mr. Howard, of Leaden hall-market—I lost sight of the prisoner while I was gone for Miller—I was gone about five minutes—I then returned with Miller, and found the prisoner in the middle of Philpot-lane, with the cheese in his hand—he had put it down, and taken it up again—he was just moving away with the cheese in his hand—I did not see the other man then—the prisoner said another man had given it to him to carry—that was when we got further on towards the station, when Miller began to move him—I did not ask him any question when I came up to him; I merely said, "That is the man that stole it;" and he said that somebody had given it to him—the street was not crowded; it was about a quarter past 3 o'clock—I had never seen the prisoner before.
SAMUEL HENRY MILLER . I am clerk to Messrs. Brooke, poultry salesmen, of Leadenhall-market. On 4th Oct. Nash came to me—in consequence of what he said I went with him into Philpot-lane, and saw the prisoner with the cheese—I went up to him and said, "Halloo! where did you get this? this belongs to us"—he said, "I did not take it; I was paid 2d. for carrying it"—the cheese belongs to Messrs. Brooke—I know it by a piece being knocked out of it in a peculiar way, and Mr. Brooke had complained of it in the morning—it appears to have been scooped out with a cheese iron—that enabled roe to recognise it immediately—I sent one of the boys for an officer, and held the prisoner till he came—it was taken from a cart which was in the course of being loaded.
Cross-examined. Q. What cheese is it? A. A Cheshire—all the cheeses in the cart were Cheshire cheeses—I could not say exactly how many there were in the cart, but I know how many were sent down—I cannot say now from memory—I know that a cheese was missed from the cart by the information I received from the man—I did not count them myself.
MR. RYLAND. Q. Do you know the cheese? A. I do; I can swear to it—it belongs to Messrs. Brooke.
CHARLES PIERCY (City-policeman 10). On 4th Oct. I was sent for, and found the prisoner in Philpot-lane, in the hold of Miller—the cheese was on the ground by the prisoner's side—I took him into custody—he stated that a man gave him 2d., to carry it to a public house in Philpot-lane.
Cross-examined. Q. He made that statement at once? A. He told me that on the way to the station.
(The prisoner received a good character.)
GUILTY . Aged 46.— Confined Three Months ,
MR. PAYNE conducted the Prosecution.
JOHN M'DONALD . I am a sailor, belonging to the Billow Queen, bound for Genoa. Last Thursday I was going along Whitechapel, between 10 and 11 o'clock in the day—Pedderson came up to me and asked me what ship J belonged to—I said I belonged to none—I had come home a fortnight ago from the Black Sea and was then going to see my steward—he said he was going as steward of a ship bound for Australia, which was shipping her hands, and if I went with him he would go on board and have a glass of ale with me—I said I would, and we went to a public house in Black Lion-yard, White-chapel-road, and sat down in the parlour—he called for two glasses of ale, and while we were drinking it, two men came in dressed as hawkers, in velvet coats, plaid shawls over their breasts, and oil-skin leggings—they said they belonged to Sheffield—the prisoner Jones then came in, and presented a memorandum-book for sale for me to Pedderson, who said it was not worth 1s., and he would not give it to him—Jones then offered me a black leather purse for 6d.—I did not buy it, I said I was not in want of it—Jones had not hawker's box, he produced the things from his pocket; he took three cards from his pocket, and said if we had no objection to playing he would have a game with us for two sovereigns or three sovereigns, as we liked—the game, was, to put the money on the cards, and if you said "black," and it was on a black card, you got the money—Pedderson put some money on, and I put 2d., and the other men put 2d.—I put my finger on the card so as they should not move it from me—there were several games, and I lost 10d. altogether—
I did not win any of the games—Pedderson saw me take half a crown from my pocket-book, and he put his hand in my pocket and took my pocket-book—I took him by the collar; he tripped my heels, flung me on my back, and made his escape—the other persons heard me say what I had lost; they were very sorry for it, and offered to go in search of him with me—they pretended to go to look for him, but when they got to the door one went in one direction tad one in another, and I never saw any more of him—when Jones got to the door, he said he would go up this street, as he was better acquainted with London than I was—I do not know what street that was—Jones was standing at the table with the cards when Pedderson took the pocket-book—Jones could see my book taken—he made no attempt to stop Pedderson when he went out with my pocket-book—next day, Friday, I saw all four of the men in White-chapel-road, standing talking together at the public house—I was going towards them—Pedderson cast his eyes on me, and ran away—I went for the police, and Jones walked down Cannon-street-road—I did not see them again that day, but on Saturday afternoon, at 8 o'clock, I was in Ratcliff-highway, and saw Pedderson standing at the Old Rose; 1 had Robert Williams, a ship mate, with me, and sent him for a constable—I went up to Pedderson, shook hands with him, and asked him if he knew me; he said, "Yes, I have seenyoubefore"—the police then came, and I gave him in charge, and said in hit presence that it was for stealing four sovereigns, a half sovereign, 2d. 6d. in silver, a written character which I had from my last ship, and a pocket-book—he said nothing—I have never seen the pocket-book, the money, or the character paper since;—when we were at the public house, Pedderson staked a sovereign on the cards—he won eight times, I believe—I saw him paid—Jones paid him—there was one sovereign left on the table; I looked at it, and saw that it was a medal and not a sovereign—that was when I got up from the floor, after Pedderson had taken my pocket-book—I saw the money lying on the card, it was yellow money—I did not take it in my hand—it had Britannia on it—I only saw one side—I have seen a medal produced by the constable, it was not a sovereign—I paid the 10d. which I lost—Robert Williams is not here, he has sailed in the ship—Jones is in a different dress now, but Pedderson has the same clothes on.
Cross-examined by MR. HUGHES. Q. You saw your shipmate yesterday? A. Yes; when I was putting my clothes on board yesterday morning—I joined the ship on Friday; I do not know who the owner is—I got my 5l. from my last ship—I have been in London a fortnight—I had 35l., I had spent all but this—that was the only glass of ale I bad for the whole fortnight since I came from pswieh, because I was not well when I came home—I met Pedderson between 10 and 11 o'clock in the day, it was not somewhere about 12 o'clock, the deed was done before 12—my pocket book was in the left pocket of my coat—this is not the coat; it is at Denmark-street, St. George's in the East—I boarded there; no one else lives there except two sons, no females—I did not speak to the landlord when I found myself robbed, because I went to look for the men—I fled out with the rest—I did not tell the police till Friday morning—I did not win a little money, I kept continually losing—we were ail gambling together for about twenty minutes—we were not drinking all the time, we only had two glasses of ale—we did not bet on the cards—the two men who I call hawkers were not locked up on my charge—I thought I would behave like a friend to them—I gave a description of two men to the policemen, that was of the prisoners; I did not give a description of two other men; I can identify these two—my pocket book was a black leather one—they both produced sovereigns, one
with the cards and the other to bet—when I saw Pedderson, on Saturday, went and shook hands with him; I did not tell him I was going to give him into custody—I had seen the publican in the interval, he is not here to-day.
MR. PAYNE. Q. When Jones came in, did he appear to be an acquaintance of anybody? A. No; a stranger to us all—he bad not time to get away before the policeman came; the policeman was standing on the opposite side of the road—I was in the public house twenty minutes, seeing them all the time.
JAMKS CLARK (policeman, 448 A). Last Saturday afternoon, I was outside the Old Rose public house, Ratcliffe Highway; Pedderson was given into my custody there by M'Donald—he heard the charge but said nothing—I searched him at the station, and found on him three imitation sovereigns, half a crown, a pocketbook and three halfpence—I received a description of Jones from M'Donald, and took him at the Lowndes Arms, at the corner of Went worth-street, Brick-lane, Whitechapel; I told him the charge, he said, "I think you are mistaken this time"—I have known the prisoners about twelve months; they are acquaintances, and the police have bad their eyes on them for some time.
Cross-examined. Q. Did not Jones say, "I think you are mistaken this time; I am not the man?" A. No; he said nothing about being at home in bed—I did not mention the house at which the robbery was committed.
COURT to JOHNM'DONALD. Q. Were there two other men shown to you? A. Yes; on Sunday morning, at the station—I could not identify them—I had not given them into custody, the police took them in charge.
PEDDERSON— GUILTY . * Aged 23.
JONES— GUILTY . * Aged 24.
Confined twelve months
MR. PARRY conducted the Prosecution.
WILLIAM WASKETT . I am foreman to Mr. Cuthbert, a tallow-merchant, of Paternoster-row. We melt tallow there—I know the prisoner—on 20th Sept. I received thirteen stone of fat from him in the name of Fairy—I gave him 2d. 10d. a stone—I gave him a ticket to take to the cashier with the weight and the price—that is our course of business—on the 21st be brought 9 stone 6 lbs. of fat—I gave him a ticket for that—J do not recollect his bringing any previously.
Cross-examined by MR. O'BRIEN. Q. What book is that you have? A. The book in which the fat is regularly booked—it is in my handwriting—I have no recollection of the date except by the entry—the date, the weight, and the price are entered in the book.
JAMES USHER CROSS . I am cashier to Mr. Cuthbert. On 20th Sept., I paid 1l. 16d. 10d. for thirteen stone of fat—I am not prepared to swear that I paid it to the prisoner, because I have so many applications of the same nature that it is impossible for me to recollect—I got a ticket—I have not got it—we return the tickets to the parties bringing them—I paid 1l. 16d. 10d. on the ticket—on the 21st I paid 1l. 7d. 7d. for 9 stone 6lbs. of fat—I paid it in the name of Fairy.
WILLIAM WASKETT re-examined. I have known the prisoner many years—I am quire sure that it was from him I received the amount of fat I have named on 20th and 21st Sept., and to him I gave the tickets to give to the cashier.
Cross examined. Q. I thought you said except from the book you had no
independent recollection of the transaction? A. Yes, I have a recollection—I cannot tell the day of the week—he came in the afternoon part of the day, on the 20th, from 3 to 6 o'clock—there were a number of persons coming in at the time—on the 21st he came between dinner time and tea time.
HENRY FAIRY . I am in the employment of my cousin, William Thomas Fairy, of the Ram Inn, Smithfield—he is also a batcher by trade—the prisoner was in his employment. On 22nd Sept., I received directions from Mr. Fairy to go with the prisoner to deliver the fat—he was to deliver it at Mr. Snowden's, in Elm-street, Gray's Inn-lane, and Mr. Knight's, in Old Gravel-lane, Wappiug—we had five sacks of fat to deliver—we delivered one at Mr. Snowden's, and four at Mr. Knight's—there was then one piece more, not a full sack, only a piece of a sack—I cannot say how that came into the cart—I did not see it when we started, not till the other sacks were removed—it was underneath the others—I could see the other five sacks—I did not always go with the prisoner—after we had delivered all the fat except the piece and one other, we drove to I rongate-wharf—a boy named John Fairhead was with us—I and the boy left the cart, and went into the wharf, leaving the prisoner behind—we had then delivered all the fat except one sack and the part of a sack—the full sack ought to have been delivered at Mr. Snowden's—I had not been in the wharf two minutes when the boy came running in after me—in consequence of what he said I went out, and found the cart was gone—I ran after it, and stopped it in Whitechapel—I got into it, and asked the prisoner to go back—lie said he would not—I asked what he drove away for—he said, what was that to do with me—I eventually took charge of the horse and cart, and went home with him—I then got out of the cart, and he wanted to throw the part of the sack out of the cart—I told him I would not let him, I would put it into the office till Mr. Fairy came—the prisoner said I wanted it myself—I locked it in the office, and when Mr. Fairy returned I communicated it to him, and gave him the key of the office.
Cross-examined. Q. Were you present on the Thursday when the cart was loaded at Mr. Fairy's? A. No, I was not—I had no paper with me to show how many bags of fat we had to deliver—we delivered one at Snowden's, and four at Mr. Knight's, and then a large sack and a portion of a sacs: remained—the prisoner was rather intoxicated when be drove the cart away from the wharf, and when he delivered the sacks—I had to deliver three sacks for him out of the four, because he was drunk and not capable of taking them—that was at Wapping—we were out about two hours and a half altogether—I am with Mr. Fairy in the butchering line—he employs a great many men in that line at times, sometimes half a score—the prisoner used to assist in butchering—I cannot say whether there are any perquisites belonging to the men after killing beasts—I believe there is a small something—I cannot say whether they let them accumulate till they amount to something—I do not know it—I do not know that all the men used to club their perquisites together, and then sell them—I believe the hide salesmen sometimes allow them something if they do not cut the hides, not fat—they are not allowed to take any cuttings of fat—I believe the foreman, Charles Fairy, used to make them the allowance, whatever it was—he is a relative of my master's—he is not here.
MR. PARRY. Q. What wages had the prisoner? A. I do not know—I have 30d. a week—my master is not in the habit of giving his journeymen perquisites to the amount of 1l. 16d. or 1l. 7d. 7d. a day, or anything of the kind.
Fairy was driving, and the prisoner was sitting with me at the back of the cart—while the cart was going on, the prisoner whispered in my ear whether J could take the small piece of fat away for him out of the cart—he asked me to get out at the back of the cart, and he could give it me out—he did not say what I was to do with it—I said I could not do it—this was as we were coming back, after all the sacks had been delivered but one.
Cross-examined. Q. You and Henry Fairy, I suppose, set out with the prisoner to deliver the sacks? A. I did not go with them at first; I net them against St. John's-street, Clerkenwell, between 5 and 6 o'clock in the evening—the prisoner was drunk then—it was about half past 7 o'clock when he asked me to get out of the cart—I helped Henry Fairy to deliver the sacks at Wapping—I was there when the prisoner drove the cart away, and when Henry Fairy came up to him; that was about quarter past 7 o'clock—he was not so drunk then as when I first met him—I am sore he whispered to me to take the fat, and he also made signs to me to get out of the cart.
MR. PARRY. Q. Did he appear at that time to know what he was saying? A. Yes; he was getting more sober.
WILLIAM THOMAS FAIRY . I keep the Ham Inn, and am a butcher—the prisoner was in my service, and was employed at the gut board to trim all the fat—in consequence of some suspicions, I directed Henry Fairy to go with the prisoner, on 22nd Sept., to deliver the fat—when they returned I received from Henry Fairy the key of the counting house—I fetched Mr. Teague, the inspector, and then went into the counting house, and saw the sack of fat there; the value of that fat was 12d. 8d.—that was not the perquisite of any journeyman—we do not allow them any of those sort of perquisites—we allow them the sweetbread, and the trimmings of the hides and tails—I had not given any orders for that particular sack to be placed in the cart; I do not Know how it came there—I was not at the place when the cart was loaded—he had six sacks to deliver, he only delivered five, and brought one back and the piece—I did not direct the prisoner to sell any fat to Mr. Cuthbert, on 21st or 22nd Sept.; he has never accounted to roe for the sale of any—he had no right to receive any money from Mr. Cuthbert for the sale of any fat; my fat always went to Mr. Snowden's and Mr. Knight's—I have not sold any to Mr. Cuthbert for these nine months—I had an account with Snowden, it was fat belonging to some beasts of Mr. Newcomb's that went there; they had been killed at my slaughter house—the sack that was brought back belonged to Mr. Bee.
Cross-examined. Q. How many sacks of fat went out that day? A. Six; they were all filled that morning—the small sack belonged to a person named Fairhead—that was brought from the same slaughter house; it was in my custody.
JAMES FAIRHEAD . I live at No. 53, St. John's-square, and live with my mother. I have known the prisoner for some years. On Wednesday, 21st Sept., he asked me to go with him; that was at the top of Mr. Fairy's gate—I had been in the habit of going with him to help him out with the fat; he used to pay me—I went with him to Wapping, and delivered four sacks there—we afterwards went to Mr. Cuthbert's, in Paternoster-row, and delivered one sack there—I had been with the prisoner the day before in the same way—we took four sacks to Mr. Knight, and one sack to Mr. Cuthbert—we went to Snowden's on both those days—he did not say anything to me about my having been there before—I was late on one day, that was on the Tuesday afternoon—I cannot recollect his saying anything
to me about my being late—I was examined before the Magistrate—I can read—this is my signature to this deposition. (MR. PARRY proposed to put the deposition into the witness's hands, that he might read it, and then to repeat the inquiry. MR. O'BRIEN objected. The RECORDER was of opinion that such a practice, would be dangerous; it might have the effect of reminding a witness of a false story, and without some authority he was not disposed to permit it. (MR. PARRY referred to "Rex v. Holroyd, Russell and Ryan, 28.") That was for the purpose of contradiction, here nothing beyond a failure of memory could be suggested. MR. PARRY did not press it). The prisoner used sometimes to give me 1s. for going with him; I had not been with him for a month before that week—I do not remember whether the prisoner said anything to me about being late on the Tuesday.
HENRY JOHN TEAGUE (police inspector). I received information from Mr. Fairy, and went to the prisoner's lodgings, No. 2. John's-court, West-street, on Thursday, the 23rd, between 11 and 12 o'clock at night—I found him in bed, and told him he was charged with stealing four stone weight of fat from his master; he said be knew nothing about it—he was intoxicated—I found on him 3l. 1s. 8d., and this ticket for seventeen stone of fat (read—"Fat, 17d. 3d. J. B.")
COURT to MR. FAIRY. Q. Was it his business to bring back the ticket to you? A. Yes; some tickets, and tome in a book—"J. B. "means J. Bee, the person to whom the fat was sold—in some sacks there is seventeen stone, and in some twenty stone—the prisoner was nine months in my service—I sometimes employ twenty people—he did not cart for other slaughterers—he could not cart unknown to me—he was not allowed the privilege of buying a small quantity of fat and selling it again—I do not sell fat to my servants; I give them charge of the fat of all beasts slaughtered, and I an responsible to the owner for everything.
JURY. Q. Would there be any one with him when you entrusted him with the fat? A. No, I had faith in him—it was his duty to take the fat to each fat shop, and bring me the notes.
GUILTY on the 1st and 2nd Charges , Aged 42.— Confined Bight Months ,
NEW COURT.—Tuesday, October 25th 1853.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 33.— Four Years of Penal Servitude.
MESSRS. ELLIS, BODKIN, and POLAND conducted the Prosecution,
SAMUEL JARMAN . I am clerk to the solicitor of the Treasury. I produce a copy of the record of the conviction of William Powell (read—At this Court, on the 13th of Dec, 1852, William Powell was convicted, on his own confession, of uttering counterfeit half crowns, and he was confined six months)—I was present, the prisoner is the person who then pleaded guilty.
HENRY HUNT . I keep the Rose, in Great Wild-street. On Monday, 3rd Oct., J saw the prisoner at the bar of my house, about 11 o'clock it night—he had been in the house during the day; I had seen him there once I—when he came to the bar he called for some beer or half and half—I served I him—it came to 4d.—he gave me a shilling—I said I thought it was not I good—he said, "Well, it is"—I looked at it, and put it into the machine, and it gave way—I put it on the mantelpiece behind the bar—the prisoner I stopped in the bar about half an hour—he then said, "You have a meeting I upstairs; is it free?"—I said, "Yes"—he went upstairs—my waiter, Jago, afterwards came down, and brought me a shilling—I took it, and compared it I with the other shilling, and it was the same make and die—I kept that with I the other shilling—I saw the prisoner again about 12 o'clock; he came down with the rest of the company—he asked for half a quartern of gin, and he gave Jago a shilling—Jago bit it with his teeth, and a bit came off it—the bit fell on the ground, and we have not found it—I took the remainder of it—I said to the prisoner, "Powell, you are acting very fast; you knew these were bad; this is the third this evening; I shall lock you up"—he said, "Do as you please"—I went to look for a constable, but I knew where the prisoner lived, and I let him go—I saw him again the next morning, at the comer of a street in Wild-street, and gave him in charge to Pocock, and I gave him the two shillings and the part I have saved of the one that was broken.
Prisoner. Q. Did you notice the money was bad when you took it? A. The first I said was bad—you said you thought it was good; your sister gave you rive shillings, and that was one of them—I marked it, and pot it aside—when I received the second shilling from Jago I suspected that you knew the first one was bad.
JOHN JAGO . I was waiter at Mr. Hunt's; on the night this happened, I was attending the meeting upstairs—the prisoner came up, and while he was there, he called for half a quartern of gin—I served him, he gave me a shilling; I took it down and my master marked it and put it on the mantelpiece; he said, "We shall catch him presently"—I continued to wait till 12 o'clock at night, when the prisoner came down with another shilling, and asked for half a quartern more gin—he paid with another shilling—I broke it in half—I gave one piece to my master, the other piece dropped down—it was only a small piece that was lost—the next morning the prisoner was seen at the corner of Wild-court, and was given into custody—I saw him after he was in custody—he was charged with passing bad money—he said he would make it all right with Mr. Hunt.
Prisoner. Q. Did you not serve me a pot of beer when I came first? A. No; I served you with half a quartern of gin, and you called for another down stairs.
WILLIAM POCOCK (police sergeant, F 14). I apprehended the prisoner on the 4th of Oct., Mr. Hunt pointed him out to me—I told him he was charged with uttering bad coin to Mr. Hunt—he said nothing—I took him to the station, and received two bad shillings, and part of another, from Mr. Hunt.
Prisoners Defence. It is strange Mr. Hunt should take the two shillings of me and not lock me up there and then.
GUILTY . Aged 26.— Four Years of Penal Servitude.
MESSRS. ELLIS and POLAND conducted the Prosecution.
JOHN KITCHENER . I am in the employ of Mr. Smith, a butcher, in Whitecross-street, St. Luke's. On Tuesday, 4th Oct., I was serving in the shop; I remember a person coming between 11 and 12 o'clock in the morning—I cannot swear it, but to the best of ray belief, it was the female prisoner—I served her with 2d.-worth of suet—she gave me a shilling, and I gave it to my mistress directly—I afterwards saw the female prisoner in charge.
Davis. Q. Did I not buy something else? A. Yes; a liver—you gave the shilling to pay for both.
SARAH SMITH . I am the wife of Israel Smith, a butcher; the last witness serves in the shop. I was there on 4th Oct., when he sold some suet and a liver; to the best of my knowledge it was to the female prisoner—I saw him come away from her with a shilling, which he gave into my hand—I thought it was bad—I bent it—I came and gave it back into her hand.
ISRAEL SMITH . I was in the shop on Tuesday, 4th Oct., between 11 and 12 o'clock; I saw the female prisoner in the shop. I saw my wife give a shilling back into her band—I looked at it, and said it was very bad—I gave it back to the female prisoner, and she left the shop—when she left I taw a man standing opposite—I could not swear it was the male prisoner, but the female crossed over the road to him—I went to the corner, and there she was talking to him, and she passed something to him, but what it was I could not say—they then walked on up Chiswell-street—I followed them—when they got to the corner of Milton-street, I saw the female standing against a linen-draper's window, opposite the Paul public house—I lost sight of the man for I moment—after that I saw the man come and join her, and they went into he Paul public house—I went into the house in the course of a minute, and found them both there—no one else was there but the street keeper, who stood inside the door—I said something to the barman about bad money, but I do not know what—I said, "The woman has been in my shop and offered a bad shilling"—the barman said he had bent a shilling that the male prisoner gave him, and he had given it back to him—I said, "Was it bent before? I should know the one my wife bent"—the female prisoner said she was sure she did not know it was a bad one when she came into my shop, and that she had thrown away the one that my wife bad bent.
Allen. Q. You say that the one my wife offered was bad; how do you know that? A. It did not take me long to know it was bad when 1 saw it was bent—the one my wife bent had got a crown in the middle, on the woman side—I will swear it was not the same shilling that I saw afterwards—I asked the barman if you had given him any money, and the street keeper asked him also—I cannot swear whether the street keeper asked him if you had paid for what you had—I did not ask the street keeper, who had offered the shilling—he did not say it was you—you did not make any resistance; the street keeper said you should not go till the policeman came—I had lost sight of the female—I saw you join her, and she gave something to you.
MR. POLAND. Q. You did not see the woman throw anything away? A. No; I lost sight of her after she left my shop—I walked a little way up the street that she might not see me.
COURT. Q. Are you quite sure this was the woman? A. Yes; I cannot swear that Allen is the man I first saw across the road, but I am sure Allen is the man she was speaking to at the corner, and he walked up the street with her.
Oct. I saw both the prisoners come in together, between 11 and 12 o'clock I think—Allen asked for half a quartern of rum—I served them, and he paid me with a shilling—I bent ft with my teeth, and found it was bad—I told him it was bad, and he told the woman she must have taken it—she said, "No, you must have taken it"—the woman then gave me a 4d. pieco—I returned the shilling to the man on the counter, and the woman took it up—I saw the last witness and the street-keeper soon afterwards; one of then asked if the prisoner had passed bad money—I said, "Yes"—soon afterwards my master came in, and he sent for a constable; the constable searched Allen, and found the shilling that I had bent on him—I know it, as the mark of my teeth was on it.
Allen. Q. Did not my wife ask me where I had taken it? A. I do not remember; you told her it was one she had taken—either the street keeper or the witness asked if you had paid; I cannot remember which it was—you were searched before the bar.
EDWIN SAYER (policeman, G 68). I was sent for to the St. Paul public-house on 2nd Oct.—the prisoners were given into custody in the bar—I searched Allen, and found this shilling on him—he handed it to me as I was searching—another constable took the woman—I beard her give an address, No. 92, Shaftesbury-street, Hoxton.
HINRT ABBOTT re-examined. This is the shilling that Allen offered me—I marked it with my teeth when I bit it, when Allen gave it me. Allen. Q. Did not I give you a 4 d. piece? A. Your wife gave it me.
Allen. Q. Did you find any other money? A. There was 9l. 1l. 2d. in coppers, which I did not touch.
COURT. Q. Were you present when the woman gave the address? A. No; I received information, and went there—it is a large house, but it is entirely empty, except that room.
HENRY HEATH (policeman, N 428). I have been on duty in Shaftesbury-street for some weeks—I know No. 92; both the prisoners live thereabout a fortnight before the prisoners were taken, I said to the man, "Mr. Allen, you have not left this house yet"—he said, "They have used me very badly, and put an execution in, and I intend to stop as long as one stone stands on another."
Allen. Q. Have you ever known me to break the laws of my country? A. I have heard of it; I know you have been drunk and disorderly in the street, and both locked up together.
Allen's Defence. In the first instance I left my home to match a piece of cloth; my wife left to go to market; we went to Whitecross-street; I turned down Playhouse-yard, to get the cloth; I appointed to meet my wife at the corner of the street; I was there first, and I waited for her; on my overtaking her, she banded me something, and that was a shilling, but she doubted its being a bad one; we then walked on, and I placed the shilling in my pocket; we went into the public-house, and I gave the barman the already bent shilling, not recollecting that I had it; the barman instantly detected it, and returned it to me; my wife, supposing it to be another shilling, asked me where I had taken it; I replied it was the one that she had taken; nothing can be more preposterous than to suppose that I, knowing
what I was about, would have put down a shilling which in its good state was detected in a minute, with the idea of passing it; it was purely accidental and by mistake that I put it down; I was not aware that it was the one that was returned; I never attempted to leave the bar, relying on our not having any more bad money; it was the only shilling we had between us; 1 should not so readily have furnished evidence against myself if I had known it; I should have put it out of the way; with respect to the coins found at home, I purchased an old pair of drawers, three or four months ago, and in the drawers I found the coins, and, not considering it any harm, I placed them on the mantelpiece, never thinking that anything would occur of them; the policeman did not state that he found the coins on the mantel-piece; he told the Magistrate that he had searched the house, and discovered the coins, but did not state where; it is true that, a fortnight or three weeks before, I had a conversation with the policeman; I told him I should stay there till I was legally ejected, or my goods were restored to me; I should not owe 6l. till Michaelmas-day; I have borne an unblemished character. (Allen received a good character.)
ALLEN— GUILTY . Aged 35.— Confined Twelve Months.
DAVIS— GUILTY . Aged 29.— Confined Six Months.
NOT GUILTY .
MESSRS. ELLIS and POLAND conducted the Prosecution.
MARY ANN TURNER . My husband keeps the Chaise and Horses, at Heston. Last Friday night the prisoner came and asked for half a pint of porter—I served him, and he offered me a shilling—I told him it was bad, and I should not take it—I gave it to the ostler, Atkins, and either he gave it to the prisoner or the prisoner took it up—he paid me in coppers, and he went out of my house.
Prisoner. Q. Do you recollect what I asked for? A. Yea, half a pint of porter and a screw of tobacco—you offered me a shilling—I said it was a bad one—you said you had got a penny, and could not have the tobacco—I did not bend the shilling; I only looked, and said it was bad—I called the ostler to look at it, and he said it was bad—I cannot say whether I gave it back to you or laid it on the counter—I know it was bad by rubbing it, and it looked very black—I recollect you asked what time it was, but I did not notice the time.
COURT. Q. You do not know whether you gave the shilling to Atkins, or put it on the counter, or gave it to the prisoner? A. I think it was on the counter—I put it down again—I saw Atkins look at it.
MR. ELLIS. Q. Are you sure that the one he had, and was looking at, was the one you got from the prisoner? A. Yes, because I never moved from the bar.
THOMAS ATKINS . I am ostler at the Chaise and Horses, at Smallbury-green, Heston. Last Friday the prisoner came, between 11 and 12 o'clock—I stood inside the door—he called for the beer—I did not see him served, nor did I see him give my mistress anything, but my mistress called me to see a shilling; it was a bad one—she gave it into my hand—I am quite positive it was bad—I told the prisoner it was bad—he said he believed it was a good one—he went away, and I gave information at the police station—I saw the prisoner apprehended in the road, after I came from the police station—he
threw something away; I think it was rather before the constable took him—I did not see him throw it, but I heard something jingle—I saw him searched at the station—I afterwards went back with the officer and a light to where I heard the jingle—I found one counterfeit shilling, and the con-stable found another—I noticed the reign of the shilling the prisoner offered to my mistress; it was William IV., and the one I found was one of William IV.—I had told the constable the reign of the shilling before we found either of them.
Prisoner. Q. When you were called, you came and asked me to allowyouto look at the shilling? A. No; my mistress gave it me in my hand, and I asked you if you had any more—you said, "No;" you said you had ever; reason to believe it was good—I know it was a bad shilling—I did not bend it at all—I marked the shilling J found in the road—it was one of the same reign—I cannot swear that that was the same shilling that was in the house.
COURT. Q. Your mistress gave you the shilling; what came of it? A. I gave it to the prisoner.
JOHN SCOTNEY (police sergeant, T 18). I was on duty that night—I went outside the station, and stood under a wall till the prisoner came opposite me—he appeared to come from the Chaise and Horses—when he came opposite me, I said I wanted to speak to him—he said, "Yes;" and away he ran in the road; I caught him; but before J could secure his arm, he threw something out of his left hand which appeared to be money, because it made a noise—I took him to the station—I then went to the spot with the last witness, and a lantern—we found two shillings—Atkins saw one on the ground, I picked it op, and I found another—before I picked them up, Atkins said it was a William IV. shilling that he had offered at their place—there was nothing else found on the prisoner.
Prisoner. Q. Did you see anything pass out of my hand? A. I heard something, I did not see it—it was about ten yards from where I saw you pass to where I found the shilling—it was about half past 12 o'clock—you told me you threw down some tobacco pipes—I heard something go out of your hand—I did not hear it drop, because it was among the grass.
Prisoner's Defence. I went in the public house for half a pint of beer; I put down a shilling, believing it was good; I had only a penny beside; I am certain the shilling I offered was a good one; my wife was standing outside the door, we both tried it and could make no impression on it; I gave it to her; what I threw away was a tobacco pipe.
GUILTY . * Aged 29.— Confined Twelve Months.
GUILTY . Aged 28.— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
SAMUEL WOOD . I am a porter, and reside in Chapel-street, Islington. On the evening of 17th Sept. I was assisting the waiter at the White Swan, in Lower Thames-street; I saw the prisoners come in together in the evening—I served James a pint of porter—he gave me in payment a shilling—I took it to the bar for the purpose of getting change—I received 10d. in
change, which I gave him—Mr. Saunders and the barmaid were at the bar—shortly afterwards I served James with half a quartern of gin—it came to 2d.—the other prisoner, Jones, paid me for it with a shilling—I took that shilling also to the bar; I gave it to the barmaid—it was discovered to be bad, and the constable was sent for.
James. Q. I gaveyoua shilling; what did you do with it? A. I took it to the bar, and presented it for change; I think the landlord gave me change—I put the shilling on the counter—the landlord and the barmaid were there—other persons might have been standing there.
ELIZABETH PEEK . I am barmaid at the White Swan, Lower Thames-street; I have been there nearly six months, and have been in that line before. J was there on the night of 17th Sept.—the last witness came occasionally to help the waiters—on that night he came to the bar for a pint of porter—Mr. Saunders and myself were there—he brought a shilling, which he put on the counter—Mr. Saunders took it up, and the change was given—Mr. Saunders put the shilling into the till—shortly afterwards Wood came with another shilling, for half a quartern of gin—he gave me the shilling; I examined it; it was bad—I gave it to Mr. Saunders—I opened the till about three or four minutes afterwards, before any one had been there, I found several 3d. and id. pieces, and one shilling only—I examined it; it was bad, and I gave it to Mr. Saunders—the policeman was sent for, and the prisoners were given into custody.
GEORGE SAUNDERS . I am the landlord of the White Swan. On the night of 17th Sept. Wood came for some porter—he gave me a shilling—I gave him 10d. in change, and put the shilling into the till—in a short time afterwards he came again, and my barmaid served him half a quartern of gin—he gave her a shilling—she drew my attention to it as being bad—I examined it, and found it was bad—I marked it—the barmaid then went to the till, and took a shilling from the till and showed it to me; it was a bad one—I examined the till afterwards myself; there was no other shilling in the till—I gave the two bad shillings to the officer, and the prisoners were given into custody—I should say that no one had been to the till between the time the first shilling was given and the last—hardly two or three minutes bad elapsed.
WILLIAM YOUNG (City policeman, 443). I took the two prisoners into custody, at the White Swan—it was stated that they were charged with passing bad money—they did not say anything—I searched them at the station; I found on Jones 4d. Ad, in good money, and James had a half crown, a sixpence, and a 4d. piece, good—they had each of them enough to pay for what they wanted without changing—these are the two shillings I received from Mr. Saunders.
(James's statement before the Magistrate was read, as follows; "I do not believe in my own mind that either of the shillings we gave were bad; there is a practice among those who attend public-houses of having bad money, which they accuse their customers of passing.
JAMES— GUILTY . Aged 19.— Confined Eight Months.
JONES— GUILTT Aged 27.— Confined Six Months.
OLD COURT.—Wednesday, October 26th 1853.
Before Mr. Justice Cresswell and the Third Jury.
GUILTY . Aged 39.— Transported for Twenty Years.
(MR. CLARXSON, for the Prosecution, stated that the Prisoner had been twice convicted of uttering counterfeit coin, and had, on the present occasion, uttered five forged notes in the space of eight days.)
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
GEORGE HARPER . I am inspector of letter carriers in the London district, stationed at Charing-cross Branch office. The prisoner was a letter carrier in the employment of the post-office there—I was there on 15th Oct.; he was on duty that day—a few minutes after 12 o'clock he was employed in sorting letters for delivery—he was standing at a sorting table for that purpose, taking the letters in his left hand, and placing them in pigeon-holes, according to the different walks—for some reason I thought it right to watch him—the chief inspector, Mr. Edwards, was at the farther end of the office, at a raised desk, looking down the sorting table—it is my duty, while the letters are sorted, to walk backwards and forwards, to see that the sorting is carried on properly—I was about two feet from the prisoner, behind him, so that he did not see me—while I was so stationed I observed him put his letters in the usual course in sorting them—the usual course is to take them up in handfuls in his left hand, and with his right hand sort them into the boxes—I observed him come to a small letter, and with his finger and thumb press it and bend it, so as to ascertain whether it contained anything, and then place it underneath the letters that he had in his hand—he then lowered his hand with the other letters, and placed a few more on the top with his right hand—he had five or six letters in his hand, with the one underneath—he then leaned forward, took his pocket handkerchief out of his pocket, looking intently at the inspector at the desk, then dropped his handkerchief down, wrapped it round the single letter, and placed it in his coat pocket behind—I then drew a few paces back, keeping him in sight, and waited until the sorting was completed, and the prisoner gone to his proper seat—I immediately made the senior inspector acquainted with what I had seen, and he came with me to the prisoner's seat—I said to him, in the prisoner's hearing, "This man I saw secrete a letter in his pocket handkerchief, and place it in his pocket"—the prisoner was sitting on his seat with both hands behind him, looking up at us, and when I taxed him he drew the letter out with one hand, and the handkerchief in the other—it was a small letter—this is it (produced)—I immediately placed my hand on the letter, and said, "This is the letter"—he said he had not had the letter—I said, "I will swear I saw you take it from behind your coat"—I took it up, and asked the senior inspector if it belonged to the prisoner's walk—he said, "No, it did not"—I took possession of it, and proceeded to search the
prisoner—he bad two letters in one of his coat pockets, which had not been posted, and a third letter in his side pocket addressed to himself, and a pocket-book—he was then taken to the Chief Office, and given into custody—I opened the letter before the Magistrate—it contained a half sovereign, stuck in this card—I can, by pressing the cover with my finger, feel that there is an enclosure—it bears the 12 o'clock post mark of the 15th, and is addressed to Mr. Ellery, No. 5, Lower Crown-street, King-street, Westminster—that would come to the office at Charing-cross in the usual course.
WILLIAM EDWARDS . I was senior inspector of letter carriers, on duty on 18th Oct., at the Charing-cross office—about 12 o'clock that day I received a communication from Mr. Harper, in consequence of which I immediately went to the prisoner, who was then at the seat of the Lambeth-walk, to which he belonged—Mr. Harper said, "This is the man who I saw secrete a letter in his pocket handkerchief and put it in his pocket"—the prisoner had his hands behind him—he drew them from behind, and in his right hand was his pocket handkerchief, and in his left the letter which has been produced—he directly threw the letter down on the desk, and Mr. Harper directly seized it—he asked me if it belonged to the prisoner's walk—I looked at it, and said, "No, it belongs to the Whitehall delivery"—the prisoner said, "I did not take the letter"—Mr. Harper replied, "I saw you distinctly put it in your pocket"—he was then searched, and after being searched he repeated the statement that he did not take the letter—I said, "It is useless your denying having done so; Mr. Harper saw you put it in your pocket, we have seen you take it out"—if this letter had been posted at Walworth between 9 and 10 o'clock, it should be at Charing-cross at 12 o'clock.
CAROLINE ELLERY . I live at No. 12, Grosvenor-place, North Camber-well. I wrote this letter, and put this half-sovereign inside, in this card; I sealed it, directed it to my father, and gave it to Eleanor Bennett, my fellow servant, to put it into the post.
ELEANOR BENNETT . I am fellow servant with Ellery—she gave me this letter to post for her—I posted it at the Walworth post-office, between 9 and 10 o'clock in the morning of Saturday, the 15th—it was then sealed.
Prisoner's Defence (written). My Lord and Gentlemen,—Being upwards of 250 miles from home, without any relations or friends in London, and being unable, through want of pecuniary means, to obtain Counsel to defend me, I trust I may not be deemed impertinent in addressing these remarks to you, in answer to the offence with which I now stand charged. During the two years and a half I have been employed as a letter-carrier, I have been but two days absent from my duty; neither have I ever been reported, either for insobriety or any delay as to the delivery of any letter that may have passed through my hands. Respecting the letter now in question, I beg to repeat what I stated before the Magistrate on the day of examination, that I bad no intention to purloin any letter, and that the letter I placed in my pocket was the one directed to myself. I am married, and have a daughter eleven years of age. This is the first time that either myself or any of my family ever stood before a Magistrate, much less a large tribunal like this; and should it please God, through his goodness, to restore me to my family, I shall do all in my power to regain my character by a steady honest life.
GUILTY . Aged 34.— Four Years of Penal Servitude.
Before Mr. Justice Williams.
MESSRS. CLARK SON and BODKIN conducted the Prosecution.
CHARLES FRICKER . I am an Inspector of Letter-carriers, at the Branch Office at Pimlico. The prisoner was employed there as a letter-carrier—about the 1st of this month I had reasons for paying particular attention to the prisoner's conduct—on that Saturday morning a cash letter arrived from the Chief office—this is it; it is addressed, "Miss Jane Manning, No. 25, Wilton-terrace, Wilton-road, Pimlico"—it contains money—I placed that letter in the prisoner's desk for the purpose of its passing through his hands—it would not be his duty to deliver it; it would not be in his walk—it would be his duty to sort it to the Pimlico walk—his walk was Vincent-square—he was then engaged in dividing the letters on the Vincent-square walk, between hit own ground and his partner's ground—after he had done that, I looked among the letters which were sorted for the Pimlico carrier, and did not find this letter amongst them—the prisoner then left, carrying out with him the letters of his own walk tied in a bundle—I followed him, and brought him back to the office—I told him I had missed a letter addressed to "Miss Jane Manning, No. 25, Wilton-terrace, Wilton-road, Pimlico," and asked him if he had seen such a letter; he said he had not—the other letter carriers were present—two or three may have gone out, but the majority of them were there—I desired them all to put their letters down, and to stand away from the desk; they did so—I took the prisoner's letters from his hand, and put them down—I examined them; I did not at first find this letter—I then asked him if lie had any letters about him—he put his hand into his side coat pocket, and pulled out one letter (not this one)—I asked if he had any more; he said he had not—I then proceeded to search him, and I found one letter in his back coat pocket, and on taking off his hat, in a small cotton bag I found between sixty and seventy letters—I said, "You don't call these letters?"—he made no reply—after finding those letters, I again looked at his bundle, and then found Miss Manning's letter amongst them—he was then taken to the chief office, and given into custody—these are the letters—they have been posted—none of them have been delivered—they would all be in the prisoner's delivery.
Cross-examined by MR. O'BRIEN. Q. I understand you to say, that be had to sort for another man? A. For his partner, because the other man had gone off for two day's holiday—the prisoner had not to do his duty for those two days—a supernumerary was employed, whose name, I think, was Howell—it was his duty to deliver letters—the prisoner would have to divide the letters between himself and the supernumerary—the supernumerary had not left the office at the time I called the prisoner back—I did not examine him as to any letters he had—the prisoner's partner went off duty on that Saturday—the letters themselves have since been delivered; I have only brought the envelopes here.
MR. BODKIN. Q. This was the first day of the absence of the prisoner's partner? A. Yes; the supernumerary did the duty which he would have had to do—no additional duty was cast upon the prisoner.
COURT. Q. Was it part of his duty, then, to divide the letters? A. It was, that morning; I placed him in the front seat to divide them—that was the duty of his partner, but as he was off duty, and the prisoner was a regular man, I placed him to do it—that was not an additional duty—if he had not divided the letters, he would have had to sort them up at his desk in the pigeon holes—he had to divide the Vincent-square walk—there are six carriers for that walk, but they are in classes, two in each class; the prisoner was in the third class—the letters that were delivered by him and his partner
were put in one bundle, and he had to divide them—that was the common coune.
MATTHEW PEAK . I am a police constable, at the Post-office. On Oct 1st, the prisoner was given into my custody for stealing a letter—I asked him how he came to have Miss Manning's letter about him; he said he did not know it was among his letters—my attention was called to his hat, and I asked him how he came to have the other letters in his possession; he said it was a bad job, and it was all through laziness.
WELCOME COLE . I am an inspector of letter carriers, in the London district Post-office. On 1st Oct., I received sixty-six letters from Mr. Fricker—they were all in the prisoner's delivery, and all unopened, except one old one—in company with a letter carrier, who knew the district well, I took them to the persons to whom they were addressed; some few of the parties were not found, but I delivered sixty-three of them—the parties to whom I delivered them opened them, and I took possession of the envelopes—these produced are them—one or two of them bear date 27th Sept., and the rest the 28th, two or three different hours of that day—one is addressed to "Miss Burrows, Mrs. Henessey, George and Ball Hotel, Orchard-street, Westminster;" that would be in the prisoner's delivery—that contained a letter which Miss Burrows took possession of—this envelope, addressed to "Mr. Cooper, Yarmouth Ale-stores, Millbank-street, Westminster," contained a letter for him—there were three for that same address; I delivered them—Miss Burrows'8 letter was posted on the 27th, and all Mr. Cooper's on the 28th, this one at 1 o'clock—they all bear the London post mark, showing they have been through the Post-office in the London district—here is one addressed to "Mrs. Thurger, Dartmouth-street, Westminster"—it contained a letter, which is in it now—she read it and returned it—that was posted on the 28th.
Cross-examined. Q. Does the mark on the cover indicate when it was put into the Post-office? A. The receiving house stamp is on the back of Miss Burrows's letter, and there is the hour stamp, showing that it passed through the office at 8 o'clock at night on the 27th—it should have been delivered that same night—I cannot say how many letter carriers there are for that district—there are two for each delivery, unless it is very heavy, and then they would ask to have assistance, which is sometimes granted by the inspector—there are nine deliveries a day, not all falling to the prisoner—Mrs. Thurger's letter should have been delivered on the afternoon of the 28th, at 4 o'clock—it came in at 8 o'clock at night—the prisoner or his partner would have to deliver it, I cannot say which—Cooper's letter should have been delivered with the 1 o'clock despatch of the 28th; the prisoner or his partner would have to deliver that—I took a letter carrier, named Wiltshire, with me to deliver the letters—he is not here, to my knowledge—he was on that walk—I knew the district myself generally, but not minutely—these letters extend over the whole of the Vincent-square district—I succeeded in delivering all but three; one party had gone away, and the others were not known.
JURY. Q. You say one letter had been opened? A. Yes; it had been opened by a partyjof the name it was addressed to, but it did not belong to them.
CHARLES FRICKER re-examined. I know that part of the neighbourhood which constitutes the prisoner's walk—I have examined all these letters, and looked at the addresses—they are all addressed to persons living within the prisoner's walk—there are six regular men who deliver letters in that walk—they take different deliveries, at different hours of the day; they go over the
same ground, but at different hours—they go out in pairs, except at 8 o'clock and then there are four of them, a double class—all these letters have come' to our office—the hour stamp is put on at the chief office; we do not put on any stamp at our office—these letters would come to our office in due course and it would be the prisoner's duty among others to deliver them.
Cross-examined. Q. Is there any mark on that letter of Miss Burrows's to indicate whether it has passed through your office or not? A. No; it bears the stamp of 8 o'clock at night, Sept. 27th—that is put on at the chief office—it would arrive at our office either a few minutes before 8 or a few minutes past 8 o'clock—we have two bags sent; I cannot, of course, tell by which it came—it could not reach our office till after it was stamped—they are stamped previously to the hour they bear the mark of—it might have reached us before 8 for the 8 o'clock delivery—I cannot say when it was stamped—it would be sent out from our office a little after 8 o'clock at night—I cannot say who would deliver it, unless I had the book to refer to—there is a book that would enable me to tell—this letter, addressed to "Miss Rigby, 23, Holywell-street, Westminster," would arrive about 8 o'clock on Wednesday night, 28th Sept., and would be delivered between 8 and 9 o'clock—I do Dot know who would have to deliver that; I was not on duty at that time—I have examined all the envelopes—they are all within the district that would be covered by the six letter carriers I have spoken of; I know that of my own knowledge—the prisoner's partner did not come on duty on the Saturday.
MR. BODKIN. Q. You cannot say which of the letter carriers had these to deliver? A. I cannot; the prisoner is one of those who might have bad them—he had no authority to keep these sixty-three letters in his hat.
COURT. Q. With the exception of the double class, there are two carriers employed at each delivery? A. Yes; there is a joint bundle, which has to be divided between the two—on 1st Oct., it was the prisoner's duty to divide them; in the ordinary course, that would have been the duty of Tijou, the prisoner's partner—it would have been his duty on the Friday, but the prisoner was not on duty Thursday or Friday—he came to me between 11 and 12 o'clock on Thursday, and asked me to allow him to be absent for those two days; I granted him leave, and he was absent—it was Tijou's duty to divide the bundle on the Wednesday—the letters are first sorted into walks by six men, two for one walk and four for the other, at 4 o'clock—there are five walks—they first sort their letters into walks, and then they are subdivided between themselves and partners—a particular district is assigned to each—a letter carrier would not go over the same ground at each delivery—the prisoner was on duty on the 27th and 28th.
WELCOME COLE re-examined. The stamp of 8 o'clock on these letters might possibly be put on soon after 6 o'clock, because we commence stamping for the succeeding delivery as soon as the letters arrive from the different receiving houses—the stamp indicates the time the delivery is intended to take place—there is a 6 o'clock delivery, and as soon as that is despatched, we begin to stamp for the 8 o'clock delivery—all that come in between 6 and 7 o'clock would be marked 8 o'clock—there is no despatch at 7 o'clock; it requires from 7 to 8 o'clock to sort them—the letters are sent to Pimlico in two despatches, the bulk a little before 8 o'clock, and the rest about a quarter past 8 o'clock.
Cross-examined. Q. Who was sorting on the 27th and 28th at the General Post-office? A. There were sixty men, I believe; I do not know all their names—they sort from the bulk for all the districts, and they are
sorted again into the different districts for delivery—I think there are six appointed for that duty—I do not know them.
MR. BODKIN. Q. Do you find the stamp of your office on all these letters? A. Yes.
Cross-examined. Q. How late were you in the habit of receiving letters? A. Up to 10 o'clock at night, and sometimes after.
JURY. Q. Do you know the date you received them? A. On Saturday evening, 1st Oct.; I well remember it, because we had complaints about the non-delivery of orders.
GUILTY . Aged 36.— Confined one Year, Before Mr. Justice Cresswell.
MR. CAARTEN conducted the Prosecution.
DANIEL LANE . I am a labourer, and live at No. 5, Pleasant-row, High-street, Camden-town. On Monday afternoon 3rd Oct., about a quarter past 4 o'clock I was in Copenhagen-fields, where the works are going on for the New Market—I saw a load of slack brought to the ganger, that is a person who has charge of a gang of men—I saw the prisoner there, I did not know him before; he called the ganger over—his mate wanted a barrow of slack, the ganger would not let them have it—the prisoner said he was no man, and he was cheeking him and jawing him, and said he would have some—he afterwards challenged the ganger to fight, and struck him in the eye and mouth—the ganger did not fight—the prisoner and his mate went away—about half an hour afterwards the prisoner called the ganger over again, and challenged him to fight, he did not accept the challenge—while this was going on Drew came up from his work, and told the prisoner he was no man for wanting to fight an old man like the ganger—the ganger was an oldish man—the prisoner said to Drew that he had better take it up, and asked him what he had to do with it—he asked Drew whether he wanted to fight, Drew said he did not mind it and pulled off his coat—the prisoner had his coat off—they then began to fight, a great number of workmen were present—a ring was formed—they had seconds, I do not know their names—in the first round Drew laid hold of the prisoner by the hair of his head, and struck him about the head—the prisoner fell down on his knee—the prisoner was the first that fell—he got round Drew's legs in the first round, and struck him with his fist in the Drew said, "It is not a manly action to strike unfair"—that was all that took place in the first round; in the second round the prisoner again got his arms round Drew's legs—I saw no blows struck in the second round—they both fell, the prisoner undermost—they got up, and renewed the fight—in the third round blows were struck by Drew, the prisoner did not strike any—the prisoner fell on his knees, Drew did not fall—they had a fourth round, and they both fell in a scuffle—I did not observe anything in the fifth round, there were about seven rounds
in all—I did not observe anything particular in the seventh round, at the end of the fight 1 saw Drew fall from a blow, which the prisoner struck him under the ear, it was a violent blow—I heard Drew say to the prisoner, "You have struck me, you have given me a violent blow under the ear, but I won't be done yet," and he got up on his knee and one foot, and fell back again—he never spoke afterwards—a gentleman came op, and in a few minutes he was removed into the City of London Tavern—the prisoner escaped, he was drunk—Drew had had something, but he was not so drunk as the prisoner.
Cross-examined by MR. HORRY. Q. Did you see the whole from the beginning? A. Yes, I am quite sure it was the prisoner that began the disturbance; there were a number of navigators there—the prisoner's mate offered to fight the ganger in the first instance—T do not recollect any one challenging a man named Batty to fight; I do not know their names—one of the men was knocked down in the slack, it was the prisoner who knocked him down, the prisoner's mate knocked a man down before that—I did not hear the prisoner recommend them to go to their work quietly, or that the work might be done without fighting—Drew did not then say, "Who are you? I will come and fetch you out"—he said that half an hour afterwards, that was when the prisoner wanted to strike the old ganger—it was not while he was at work in the hole—the prisoner was all over blood in the first round, from his nose—he got pretty well all the blows—Drew was taller and much bigger than the prisoner, and a stout powerful man—the prisoner was nearly insensible once on his second's knee, there was a call to time and they put him up again—Drew seemed to do almost what he liked with him as to striking—this happened where the carts were going through—there are tracks of the cart wheels there, I did not observe a rut close by—I did not see that Drew tripped his foot in going back when he fell—he did not fall with his back across some earth, he fell on his left side.
JOHN QUINCET . I am a labourer, and live in Bemerton-street, Caledonian-road. On 3rd Oct., I was at work and saw the prisoner and the deceased fighting—I did not know either of them, the deceased was a big man—I believe they had had about one round when I got up—the first I saw when I got up was the prisoner knocked down—the deceased was not knocked down in that round—I never saw the deceased knocked down at all, until the last round—I did not see the prisoner lay hold of the deceased—they both fell together in the last round, the deceased was the most uppermost, but they fell sideways—I do not know what caused the deceased to fall, I never saw a blow struck at the last round by either party, they fell in the struggle—I did not hear the deceased speak—he did not get up again; I followed him to the City of London.
Cross-examined. Q. Did you see Drew take the prisoner by the hair? A. Yes; every time they met, every round—I cannot say whether there was a deep rut just at the spot—I did not see a blow struck by either party, at the last round—I saw no foul blow struck by either party, if there had been one I should have seen it—I stood two feet above the ground, it was a fair fight, and a fair ring kept for them.
JAMES PILBEAM . I am a bricklayer, and live at No. 24, Arthur-street, Somers-town. On 3rd Oct., I went through this field about 20 minutes past 5 o'clock, and saw two men fighting—I stopped to see them—I had never seen either of them before—they were then in the act of having the second round—I saw them both struck blows, and I saw the deceased take the prisoner by the hair and knock him down several times—the prisoner's
face was all over blood from the blows he received from the deceased, they both struck blows together—I should say I saw the prisoner knocked down about three times—I saw the deceased knocked down at the last round, in fact they both fell together—they both struck blows in the last round—I did not see whether the deceased was bit, I saw him fall—I was about four feet from him—I helped to remove him to the City, of London Tavern.
Cross-examined. Q. Can you describe the state of the ground, were there cart ruts? A. Yes; there were—I did not see the deceased fall across the raised earth—I saw no foul blow struck.
THOMAS MURPHY . I am a surgeon, living in Gloucester-place, Oakley-square. On 3rd Oct, about half past 5 o'clock in the afternoon I was near the New Market, at Islington, and saw a crowd—I afterwards saw the deceased taken into the house and examined him there, he was dead, there was no external appearance—I was afterwards present at the post mortem examination—there was nothing remarkable externally, with the exception of ecchyraosis round both eyes, and some bloody froth from the left nostril, and a patch of blood on one of the ears—on removing the scalp we perceived blood extravasated at the lower edge of each parietal bone to the occipital region, but we could not perceive any fracture—on removing the skull cap we perceived extensive extravasation over both hemispheres of the brain, which extended to the base—there was a quantity of blood clots round the medulla oblongata, extending as far as the third vertebra; there was also extravasation of the right and left ventricle—the extravasation under the scalp behind the ear would account for that, it extended all round—a blow or a fall might cause that extravasation—I apprehend that one blow would not produce such extensive extravasation—I could not positively swear whether a fall or a blow from a fist in fighting Would be likely to produce it most likely a blow; but a fall might da it—a blow of sufficient force to cause death might be given there, and yet no mark be left—death was caused by pressure of blood on the brain; and that might be caused by a blow or a fall, I could not positively swear which.
Cross-examined. Q. Might the appearances you observed have been occasioned by a fall? A. They might; a fall on the back of the bead from tripping over the ground might produce such appearances.
COURT. Q. He might have had all those appearances from his head coming in contact with the ground? A. Not the appearances between the scalp and the skull, I should say; but it is barely possible the others might be from apoplexy or excitement—the appearances under the scalp might be caused by one or more falls on the ground.
MR. HORRY. Q. You will not undertake to say how the injury was produced? A. I cannot positively swear; there was an appearance of extravasated blood in the stomach, but scarcely more than might be called normal—I do not attach any importance to it.
EDWARD COUSINS . I am a member of the Royal College of Surgeons. I have heard Mr. Murphy's evidence, and agree generally with biro—I attribute the cause of death to violence—I should be at a loss to attribute it to the blow of which there was evidence above the ear, or to assert that the ecchymosis on the back part of the head might not be caused by a fall; either of them might be the cause of the extravasation found in the head—there was a mark of contusion over the ear, I saw none under the ear.
Cross-examined. Q. There were three or four medical men with this case, were there not? A. There was Mr. Murphy, myself, and Mr. Lawrence; we examined the upper part of the spinal cord—a portion of a clot of blood
was pressing upon the head of the spinal marrow—I attribute the death to the pressure of the blood on the brain, specially at that part, where the spinal cord takes its origin from the brain.
GUILTY . Aged 26.—Strongly recommended to mercy. Confined One Month.Before Mr. Justice Williams.
MR. PLATT conducted the Prosecution; MR. DUNCAN the Defence.
NOT GUILTY .
Before Mr. Justice Cretswell.
1078. GEORGE WHITE and WILLIAM ANDERSON , burglariously breaking and entering the dwelling house of Abraham Borrowdale, Clerk, and stealing 3 pencil cases, a fruit knife, and other articles, and 13d. in money; his property.
MR. GIFFARD conducted the Prosecution.
Rev. ABRAHAM BORROWDALE. I live at St. Mary's parsonage, Vincent-square, Westminster, and am the perpetual curate of St. Mary's, Vincent-square; the house is my dwelling house. On the night of 12th Oct. I went to bed a little before 12 o'clock—I went over the house, as is my invariable custom, and left everything safe when I went up to bed—about 3 o'clock in the morning of the 13th, I was awakened by some person apparently trying the door between my room and the room adjoining—I called out, "Who is there?" I received no answer—I then got out of bed, and opened the other door of the room which opens on to the bead of the staircase—I again called, "Who is there?" and with a like result, no answer was returned; considering it might be one of the servants moving about, my wife rang the bell which communicates with the servant's rooms—I distinctly heard a person moving at the end of the passage to the right of my room—I called to know if any of the servants were moving, they answered that there was no one moving, that they were all in bed—I then distinctly heard a person pass me, and go down the stairs—I closed my door and locked it, threw open the window, and called for a policeman—I was answered in two or three minutes—I told him to go to the door, and I went and let him in—there were three policemen, two had arrived while I was descending the stairs—on going down stairs, I observed that the dining and drawing room doors were both open—they were both shut and locked when I went to bed—we went first into the drawing room; we there found that a cheffonier had been opened, two desks belonging to my children bad been taken out, and forced, and the contents were strewn on the ground, with the exception of the articles that were taken—I missed from those desks two pencil cases, a fruit knife, two florins, and some pieces of Maundy money, belonging to the children—none of those things have been recovered—we went down to the basement floor, and there we found everything in disorder, thrown and strewn about—I found that a pane of glass had been removed from the water closet window, and the window itself was standing open, having been fastened when I went to bed.
JOHN BURNETT (policeman, B 146). On the morning of 13th Oct., I was on duty in Regent-street, Westminster, about 200 yards from Mr. Borrow dale's house; and about half past 5 o'clock I saw the prisoners coming from the direction of Vincent-square—I had heard of the robbery at that time—took them into custody, searched them, and found this knife on Anderson.
the prisoners were there, locked up in two separate cells—I heard Anderson say to White that he had made his mind up for a stretch—White said he had not—Anderson said to White, "How about looking at the hands?"—White said, "Hold your b——tongue"—Anderson told White that he should say he had come to call him that morning—White said, 11 Yes;" he would stick to that.
Anderson. It is false, I never said such a word.
COURT. Q. What sort of place is this where the prisoners were? A. There are six cells; three on each side—I was in the middle one of the three, between the cells in which the prisoners were—they are divided by a brick partition, about ten feet high; the brick partition extends up to the ceiling, but not in front, there is a grating for the air to come through at the top of the doors—outside there is one common passage to them all; the officers are going to and fro in that passage at times—I was about three quarters of an hour in the cell between them—I was there for the purpose of hearing any conversation.
Q. Is that the usual course at the Rochester-row police station? A. I had charge of them altogether; it was not part of the charge given to me to get into a cell between them, and hear what I could—it was not the suggestion of my own mind—I had been ordered to do it.
Q. Do you mean you were ordered to do it on that occasion, or as a common practice? A. Only on this occasion.
WILLIAM MORAN (police inspector, B). About 6 o'clock on the morning of 13th Oct., the prisoners were brought to the Rochester-row station—I received the knife produced from Burnett; there is a very great peculiarity about the shape of the top of the knife—the top part of the back of the edge is quite flat.
COURT. Q. You mean that it is very blunt at the end? A. Yes.
MR. GIFFARD. Q. Did you go that same morning to the prosecutor's house? A. I did; I looked at the sash of the watercloset window, and found a square of glass had been removed out of the window, and in the window sash there was an indenture or puncture right through the putty into the wood work—I compared that mark with the point of the knife, and they corresponded—the top of the knife corresponded with the depth in the wood—I fitted the knife into the dent, they exactly corresponded—I fitted the knife in gently at the top without using any force.
COURT. Q. How deep was the hole that was made through the putty into the wood? A. Perhaps about one-eighth of an inch; that one-eighth of an inch corresponded.
MR. GIFFARD. Q. Did you examine the cheffonier? A. I did; I found it had not been opened by a jemmy; it was done by a knife.
COURT. Q. How do you know it was not done by a jemmy? A. There was no impression from the chisel in the wood, and there was a mark on it with which this knife exactly corresponded; I also examined a desk which was there, and found marks on that which corresponded with this knife—I have the desk here; there are marks of blood inside—I should also say that the knife slipped, and there is a long groove here, which corresponds with the blunt part of the knife (pointing it out)—it was done by something smaller than & jemmy,
MR. GIFFARD. Q. Did the marks of blood appear to be recent? A. Yes, quite iresh; I think there were several papers with blood upon them—I then went back to the station, and examined the prisoner's hands; 1 found on Anderson's left hand a wound from a knife; it was a recent wound; the cut was quite green—he said, "I did it yesterday, cutting an apple."
JAMES BEST (policeman, B 111). I was on duty on the night of 12th Oct, in the Broad Sanctuary, between half past 11 and 12 o'clock, and saw tie prisoners together—they were coming from the direction of Westminster bridge, and going towards Victoria-street, Westminster—that would be the nearest way to the prosecutor's house; it was about a quarter of a mile from it.
Anderson. He did not see me with White; J saw White at 6 o'clock, on Wednesday; I was at home, and in bed, at 11 o'clock.
Witness. I did not know Anderson before—I have seen White—I might have seen Anderson, but not to my knowledge.
White's Defence. At 6 o'clock, the evening before, Anderson met me, and told me to come and call him the next morning; 1 went, about half past 5 o'clock, and called him, and just as J got up to his house he was coming out of his door; we went in, and had a cup of coffee at a coffee-shop close by; when we went out of there a policeman stopped us, and searched us; then he let us go; we went on about 100 yards further; another policeman stopped us, and asked us to go to the station-house; we went; he searched us, and found nothing on me; he found this knife on Anderson; I was not with Anderson the night before.
Anderson's Defence. At 6 o'clock, on Wednesday, I met White in North Devon-road; 1 said, "I want to look after some work; if you have a mind to come, come and call me by half past 5 o'clock;" he came next morning; I was going to Whitechapel, to work for a gentleman that I had been used to work for, and at the top of Regent-street the policeman stopped us, and took us to the station.
NOT GUILTY .
NEW COURT.—Wednesday, October 26th, 1853.
PRESENT—Mr. RECORDER; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Fifth Jury.
GUILTY . Aged 18.— Confined Two Months ,
MR. RYLAND conducted the Prosecution.
WILLIAM JENNINGS . I am a cow-keeper, and live in New-street Mews, Dorset-square. On Friday, 14th Oct., I was in Smithfield, about half past. o'clock, endeavouring to buy a horse—a number of persons came round me, and shoved me about—I saw both the prisoners standing close to me—I felt a rush come round me, and I felt something go out of my right hand trowsers pocket—I had had in that pocket just before, a bag, containing 8l. 2d. 6d. in gold and silver—I did not see the person who took it; I think it must have been a person behind me—at that time I saw Mid die ton standing on my left hand side—I did not see Collins—I went to turn round, but was prevented by Middleton, who put his arm over, and hit me on the eye—I went to turn round to the right, and he put his right arm over my shoulder, and hit me on the right eye; J believe it was with his open hand, I think more to prevent my seeing than anything else—I then turned round, and a lad standing behind me said, "There goes the man that has got your bag"—I
saw Collins going across the market, under the pens or railings where the beasts and horses are tied—I followed him, and caught him by the collar—I did not give any alarm—he slipped his coat off, and ran away—I think he had one arm out of his coat, not both—I let go, and stooped under, and caught him again by the arms and round his waist—I caught him right in my arms—he went about ten yards before I first caught him—the second time he went but a very little distance—there were several persons round him, who stopped him—I saw a man come to him, and put his hands under him—I do not know whether he went to lift him up, or to take anything from him—I saw nothing pass—Collins was searched, but nothing belonging to me was found on him—I saw nothing more of Middleton till I saw him in custody—mine was a wash leather bag, but through wearing it, and carrying it in my pocket, it had turned dark.
Cross-examined by MR. PAYNE. Q. There were a good many people about you? A. Yes; I was not acquainted with Middleton—I never saw him till that day—he was standing flush with me, on my left hand—I did not have a black eye—he struck me in the face, right over the eye—it was a smack—it was not that he put his hand up to the side of my head, and prevented me from turning round—it was not the side of my head—I never said it was—I do not know whether I ever said he struck me—he put his hand to the side of my face—he made my eye split fire—when I turned round I did not see any more of Middleton.
Cross-examined by MR. GEARY. Q. You had never seen Collins before that day? A. Never in my life; I did not see him touch me at all—I followed him, because a boy said, "There goes the man that has got your hag"—that was said loud enough for Collins to hear it—he was not a yard from me at the time—he was walking, but after that he ran.
JAMES CRITTON . I live at No. 6, White Horse-alley, Pump-court, Cow-cross. I did work at Mr. Boyle's, a paper stainer—I am out of work; I was in Smith field on Friday, 14th—I saw the two prisoners, I did not know them before—I saw Collins put his hand into Mr. Jennings's trowsers pocket, I think it was his right hand pocket—he pulled out a black bag—Middleton was close against him, and he was shoving Mr. Jennings against the horse at the time—Collins gave the black bag to another chap with a white bag on his shoulder, who took it from him and ran away—Collins then ran away, Mr. Jennings ran after him, and I ran after the others—I saw Collins taken—after that I came back to where Middleton was, and he said to me, "Did you see that young man run across the market?"—I said, "Yes"—he said, "I am in regulars with him, I am looking after him, waiting to have my regulars out of the money"—regulars means having his share of the money—I pointed him out, and he was taken.
Cross-examined by Mr. PAYNE. Q. You know what regulars means, have you had it often? A. No; I have been to the police office twice—I had two months one time, and one month another time—I have not been charged with anything else before a Magistrate—I am sixteen years old—I have not a brother who is transported—I was present when Middleton was taken—he was walking down Smithfield—he was taken about five o'clock—he had been sitting on the rails—he was not sitting on them when the policeman and I came up—he had got down, and went on to a gentleman, and got hold of a handkerchief—I had the month for being with two more who took a handkerchief out of a gentleman's pocket—the two months that I had was before that—the last time is about two years ago—it was a little better than an
hour after I saw Collins give something to the man and go away, that I had the conversation with Middleton about the regulars.
Cross-examined by MR. GEARY. Q. How near were you to Collins when he put his band into the gentleman's pocket? A. As near as I am to you—Collins was the nearest to me—I was close to him when I saw him give the bag to somebody else—I mean that I actually saw him steal a black bag and give it with his left hand to a man who took it with his right hand.
Cross-examined by MR. GEARY. Q. Were you at the office when he was examined? A. Yes; I did not see any one who came to give evidence for him—there were several persons there.
Cross-examined by MR. PAYNE. Q. Where did you take him? A. In the horse market, in Smithfield—I bad not seen him before—he was not sitting on a rail, he was walking out of the market.
(The prisoners' statements before the Magistrate were read as follows—Collins says; "This here boy that says I took the bag, is a notorious thief himself, and is here under a false name—he has been convicted from this Court for picking pockets, and once at Bow-street—there was a man came into the police station, and said I was not the man—if he could be found I have not the least doubt he could prove me innocent—I was not nigh the man. "Middleton says;" There was a man outside the police station, who could prove I was innocent—I have witnesses who could prove where I was at the time.")
(Middleton received a good character.)
COLLINS— GUILTY . ** Aged 23.— Four Tears' Penal Servitude.
MIDDLETON— GUILTY . Aged 18.— Confined Six Months.
EDWARD HALL . I live at St. James's-place, Garlic-hill. On 12th Oct., I was in Leadenhall-street—there was a crowd, and I stopped at the corner of Lime-street; while I was standing there I felt a tug at my right hand coat pocket—I turned round, and the prisoner was standing close to my right hand; I missed my handkerchief, it had been in that right hand pocket—I looked at the prisoner, who was looking over the people's shoulders, and I saw my handkerchief underneath his coat—I seized it with one hand, and his collar with the other—I said, "You have just taken my handkerchief"—he said, "I have not your handkerchief"—I said, "No, you have not it now, because I have got it"—he struggled, but I held him till a policeman came—he said, "Do let me go this time."
Prisoner. The handkerchief laid alongside of my feet; I think the prosecutor did it only to take me.
(The prisoner was further charged with having been before convicted.)
on his own confession, Nov., 1852, of stealing a handkerchief; Confined six months)—the prisoner is the person.
GUILTY. Aged 23.— Four Years Penal Servitude.
MR. O'BRIEN conducted the Prosecution.
JOHN RYDER . I am hall boy at the University Club; I am fourteen years old. On 27th Sept. I was in Waterloo-place—I saw the prisoner about 3 o'clock—he asked me if I would go on a message for him, and he would give me a shilling—I said, "Very well"—I walked with him to the Commercial coffee-house, Chandos-street—I went in there with him, and saw him write a note—he gave it to me to take to Mr. Reynolds, in Vere-street, Lincoln'sinn-fields—I had not known the prisoner before—I left the coffee-house, and went to Mr. Reynolds, and delivered the note to the shopman—the prisoner at that time was just facing Vere-street—he had shown me Mr. Reynolds' shop, and told me to wait for an answer—when I delivered the note, I received in return twenty-four packs of playing cards—I gave the parcel to the prisoner, facing Vere-street, where I had left him—he put the parcel under his arm, and gave me a sixpence—I never saw him again till I saw him at Bow-street, about a fortnight afterwards—I have no doubt at all that he is the man I saw the first time—he told me when I delivered the note I was to say I came from Mr. M'Cleary.
Cross-examined by MR. BALLANTINE. Q. How came you to go and tell that lie? A. He told me to say so; he said he worked for Mr. M'Cleary—I had never seen him before—I have been in my present situation six months.
THOMAS SPIVEY . I am in the service of Mr. Reynolds. Between 3 and 4 o'clock, on 27th Sept., Ryder came, and produced to me this order—(read—"32, St. James'-street, Piccadilly. Could Mr. Reynolds possibly oblige by sending by the bearer fifty packs of cards, twenty-five packs at 27d. per dozen, and twenty-five packs the next highest price, as a lady is waiting for some. Mr. Reynolds will please send them with invoice, by boy, directed, 'H. J. M'Cleary. '")
JAMES CRAB (policeman, F 132). In consequence of directions from Mr. Reynolds, I watched his shop on 27th Sept.—I did not see Ryder go in—I saw him come out—the prisoner was in a public-house—Ryder went to him, and he came out, and Ryder gave him this packet of cards which I produce—I came up—the prisoner had the packet of cards under his arm—I took him into custody—Ryder told the inspector at the station that he saw the prisoner write the note in the coffee-house—the inspector asked the prisoner what he had to say—he said, "I must own I am guilty of doing this"—on searching him, I found this pistol in his pocket, loaded with small shot, and some small shot in a paper.
HENRY JAMES M'CLEARY . I am a stationer, at No. 32, St. James's-street. This order is not my writing—I did not authorize any one to write it—I do not know the prisoner—this is an attempt at my writing—I think it is not like it—the prisoner was never in my employ.
GUILTY . Aged 51.— Judgment Respited.
MR. O'BRIEN offered no evidence.
NOT GUILTY .
(Mary Wallis, the prisoner's aunt, and Sarah Harding, both of Bristol, gave
the prisoner a good character; but an officer stated that he was directed by the Magistrate to state that there were other charges against the prisoner.)
1084. JAMES EVANS , feloniously cutting and wounding Augusta Claxton. (The prisoner, being deaf and dumb, had the charge explained to him by an interpreter, but he refused to make any sign in reply. Mr. Bishop, the surgeon in the case, and Mr. M'Murdo, the surgeon of Newgate, stated that in their opinion the prisoner was not of sound mind.)
NOT GUILTY, being of unsound mind.
NOT GUILTY ,
THIRD COURT.—Wednesday, October 26th, 1853.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. HOOPER; Mr. Ald. LAWRENCE; and Mr. COMMON SERGEANT.—Before Mr. Common Sergeant and the Seventh Jury.
GUILTY . Aged 27.— Four Years of Penal Servitude.
GUILTY . Aged 16.
CORNELIUS BASSETT (City policeman). On 13th Oct., about 8 o'clock at night, I saw the prisoners following a gentleman on London-bridge—Newman walked close up behind him, and Hayes closed up by the side of Newman—I had seen them together, and had followed them from Grace-church-street—Newman took hold of the gentleman's coat with his left hand, and put his right hand into the pocket and then turned himself round, so that I could not see whether he took anything out—I spoke to the gentleman and then followed the prisoners into the Borough, the same way as they were going before—I took them, and told them I charged them with stealing a gentleman's handkerchief—they said they did not do it, they saw a lad do it, and they were looking for the gentleman to tell him of it—I searched them, and at Hayes' back, inside his shirt, I found these two handkerchiefs (produced), one of which the gentleman identified—Hayes claimed the other and I allowed him to keep it, but going across the bridge he threw it down.
Hayes. That handkerchief was not found on me, this is my handkerchief (producing one). Witness. I took this handkerchief from your back with the other.
GUILTY . Aged 16.— Confined Six Months.
(The officer stated that Newman has been three times convicted, and the Rev. Steven Turner, Chaplain to the Philanthropic School, stated that he had
run away from that establishment three times, and had been imprisoned three months for doing so.)
GUILTY. Four Years of Penal Servitude.
GUILTY .** Aged 20.— Four Years of Penal Servitude.
GUILTY .** Aged 38.— Four Years of Penal Servitude.
JOHN HARRIS . I live in St, George's-street. On 14th Oct., between 7 and 8 o'clock in the evening I was passing through Wellclose-square, and saw the prisoner and three others with him—I watched them and saw the prisoner go into No. 20, Wellclose-square, a private house, the door of which was open—I saw him take a coat from the passage, and come running out with it—I laid hold of him by the collar, and asked him what business he had with the coat—he said, "Let me go, I was only having a game"—I took him into the house, and the prosecutor came and owned the coat.
GEORGE GABB . I live at No. 5, Chapman-street, Cannon-street-road. This is my coat, I know it by the cut of it—I have had it about twelve months—I was employed at No. 20, Wellclose-square, and left it in the passage on a chair—I was called upstairs and found it on a chair, but I cannot say whether it was on the same chair which I had left it on as there were a great many chairs there—the prisoner begged me to let him go.
JOHN HARRIS re-examined. I took the coat from the prisoner in the street, and put it on my arm, a gentleman belonging to the house came and I gave it to him; I do not know whether he put it on the chair.
Prisoner's Defence. I did not take it with the intention of stealing it.
GUILTY . Aged 17.—Recommended to mercy by the prosecutor. He received a good character, and his master undertook to take him back into his service.
Confined Seven Days.
MR. THOMPSON conducted the Prosecution.
THOMAS NEAVE . In May last, I was shopman to Mr. John Grant, I used to sleep in the shop. On 16th May. I was awoke about 4 o'clock in the morning by a side door in the shop opening—I jumped out of bed, went into the back shop, looked through the window and saw a man at the back of the premises making his escape; that was Jackson, who has since been tried here and transported (seepage 207)—I went to the next house, undid the door and saw three men coming out of the next gateway, Carpenters'-hall—there was a policeman about twenty yards off, and I called his attention to them, by calling "Stop thief!"—two of them went on one side of the policeman, and one on the other—he was in the middle of the road, and the two went on the pavement about two yards from him—I cannot identify
the prisoner as one of them—I found two hats on the premises, which I gave to the policeman—the shutters of the first floor were riddled with a great number of holes, which had been made by a stock, and the roof of the plate, room had been lifted up—I found this chisel (produced) on the roof, and fitted it to the marks under the lead work, they were the exact size of the chisel—the premises were all secure when I went to bed at 11 o'clock—the house is in the parish of All-hallows On the Wall.
Cross-examined by MR. PAYNE. Q. The next house to yours is Messrs. Waterlow's? A. Yes, on the right hand side; they rent it of the Carpenter's Company—it is Carpenter's Hall—I noticed that one of the men had nothing on his head—I said on the last trial that two of them had caps on.
PHILIP CAPON (City-policeman, 71). On the morning of 16th May, about 4 o'clock, I was on duty in London-wall—from information I received, I went to Mr. Grant's, and received from Neave two hats, the stock of a centre-bit, and a chisel—I found the window-shutters drilled, and there were marks on the lead.
WILLIAM OAKLEY . I live at No. 16, Brook-hill, Clerkenwell, and am now a repairer of furniture. On 16th May I was in the City Police, and on the morning of that day, about 4 o'clock, I was on duty in London-wall—ail was by Sadler's-place, London-wall, about twenty yards from Carpenters' Hall, I turned to the right towards Mr. Grant's, and saw Neave at the door in his shirt; three men were in front of him, advancing towards me—I did not see where they came from—I advanced towards them; they looked at me full in the face, and the prisoner, who was one of them, made for the Circus, which is on the opposite side of the way, nearly facing—the other two pasted one on each side of me, and made down London-wall into Bell-alley, where I lost them—the prisoner had a brown coat on, and no cap or hat—the other two have since been tried and convicted.
Cross-examined. Q. How soon afterwards did you leave the police? A. I never took any notice—I joined the police on 24th Dec, 1838—I left about half a dozen days after the occurrence took place—I left of my own accord, in consequence of inability, not from any bad conduct—the Commissioner said that there was no blame to be attached to me; it was through injuries I received in detecting a prisoner—they gave me a compensation, I cannot call it a pension—a few days after this they said I was not competent to discharge my duties, in consequence of something which happened five years before, and discharged me—I had been dismissed before that, and an allowance made to me for my injuries, and then I was made a supernumerary—I gave evidence on the former trial—I did not say, "As I advanced they separated, one man struck off to the Circus, I could not perceive which it was"—there are often mistakes in print—I did say, "I can only swear to Smith," and I could only swear to him out of the two who were present then—I did not say, "I could not perceive which it was"—I said, "Two out of the three had no hats on," but I had not the prisoner before me then.
MR. THOMPSON. Q. On the former trial there were only two prisoners? A. Yes, Smith and Jackson; I could only identify Smith—I have never said that I could not identify the prisoner.
ALFRED GREEN (City-policeman, 376). In consequence of information I received, I went, on 26th May, to the Fish public house, in Baldwin's-gardens, and saw the prisoner and Jackson—I went to get assistance, and when I returned they were gone—I knew the prisoner before, but did not at that time know where he lived—I have been looking for him ever since, and took him on Turnham-green, on 15th Oct.—he denied all knowledge of Smith and
Jackson—neither of the hats fitted Smith; one fitted Jackson, and this one fits the prisoner.
CHARLES WRIGHT . I am a smith, of No. 49, Portpool-lane. The prisoner worked for me between a fortnight or three weeks before the officer Green came to me; which was, I think, in the latter end of May—just before the prisoner left my employ, I told him there was a gentleman looking for him to tell him of a job—he finished his job, and came again on the Monday morning, but did not stop, and I saw no more of him—I know this screw-driver, the prisoner made it in my shop—I have not the least doubt about it—when the prisoner was at my shop he asked me to lend him a centre-bit—I had not got one, and did not lend him one.
Cross-examined, Q. How much did he get a week? A. I employed him by the job; he could not make more than 18d. a week; he did not make so much with me—I know that he left me and went into the militia—I know this screw-driver, because it is made out of an old file.
MR. PAYNE called
JOHN COURTOY . I am a box-maker, of No. 22, Gloucester-street, Commercial-road. I have known the prisoner from a child—I should give him the character of an honest lad—he was never in custody, to my knowledge.
Cross-examined by MR. THOMPSON. Q. Where did he live in March last, and in May last? A. I do not know, he has not been in my employ for three years—I have seen him at his mother's eighteen months ago.
MR. THOMPSON recalled.
Cross-examined by MR. PAYNE. Q. Was he ever in custody in his life? A. Not to my knowledge, nor did I ever see him commit any offence.
GUILTY . Aged 20.— Four Years in Fenal Servitude.
MR. MEW conducted the Prosecution,
ELY STOTT . I live at No. 1, Cumberland-street, Chelsea. I went into the Admiral Keppel, Marlborough-road, yesterday fortnight—there was only one man there; I left the public house shortly afterwards with him, and he showed me a place to make water; he opened a gate for me, it was in the Brompton-road, six or seven yards from the Admiral Keppel—when I came out I was knocked down by the prisoner Lockyer; there were three others with him, Cogan was one of them—Lockyer then put his hand in my pocket, and then walked up the road; the others walked across the road—I never lost sight of Lockyer; I met a policeman, and gave him into custody—they took nothing from me, there was nothing in my pocket—I knew them well before.
Lockyer. Q., Have not you played fun with me before? A. No; I have not thrown water in your face—I did not speak to a girl there.
Cross-examined by MR. PAYNE. Q. It was about half-past 11 o'clock at night? A. Yes; I had not been in the public house above two or three minutes—I went there to have a glass of ale after I had shut up the shop—that was not the first glass of ale I had had that evening—I had nothing else there but the ale—people do not lark and play tricks with me—I saw no girls outside the house; I went out at the side door—the cab man showed me to the place, and then left me—I have known Lockyer about three months, by his coming to my shop; I have shaved him, and cut his hair.
MR. MEW. Q. Where was the policeman? A. Coming round by the Keppel—I was not drunk, I had just shaved a person.
WILLIAM GEORGE VINSON . I am a cab driver, and live at Chelsea. On 11th Oct., I was at the Admiral Keppel, about a quarter past 11 o'clock at night, and saw Stott there; I went out to show him where to make water and opened the gate for him—he went in and came out again—I saw three men there; the prisoners are two of them, they knocked him down; Lockyer held him with one hand, and put the other in his right hand pocket when he was on the ground, but I did not see which knocked him down—I did not see whether they took anything from his pocket, but they all ran together towards College-street, on the same side of the road—I had not been drinking; I was perfectly sober—I had seen the prisoners before, but not to know them—I lodged in the same house as Cogan's mother kept some years ago.
Lockyer. Q. How long had you been in the publie house? A. About an hour—I did not put my fist in your face as I came out, nor did I take my coat off, and want to fight—there were no girls standing out there with you, but there are always girls about there.
Cross-examined. Q. You had been an hour drinking? A. Yes; but not with the prosecutor—we had a pint of beer.
(The prisoners' statements before the Magistrate were here read, as follow: Lockyer says; "I was standing at the corner of Keppel-street, about 11 o'clock—prosecutor came out of the Keppel, and was larking with two girls; the man was never knocked down, he was never off his feet; the cabman came out and asked who tore the prosecutor's coat, and put his hand in my face; they were both drunk. "Cogan says;" I was standing by the Keppel, about 11 o'clock, talking to a young woman—prosecutor came out; he was much in liquor; they all know him about the neighbourhood, and generally lark with him; I saw one of them pull the tail of his coat; then be went and fetched the caiman; the cab man wanted to fight Lockyer for tearing the prosecutor's coat, then sergeant and constable came up, and offered to charge me; I went to the station house.")
Lockyer's Defence. It does not stand feasible, that I knowing him perfectly well, should go and knock him down and rob him; I am innocent; it is a spite the prosecutor bas against me.
NOT GUILTY .
GUILTY .* Aged 13.— Confined Six Months.
THOMAS TOWNSEND (policeman, H 54). About 1 o'clock on the afternoon of 13th Oct. I saw a crowd of persons on Tower-hill—there was a juggler there—I saw the prisoners looking at pockets, sometimes they would go and lay hold of the outside of a pocket, and feel it—they were together; they walked a little way round the mob, and I saw them together again, and saw Thompson put his band into a gentleman's pocket—they walked a little further, and Cavanagh put his hand into a gentleman's pocket, and then Thompson went close up to the prosecutor and drew back, and Cavanagh went up and drew out this handkerchief (produced)—I took them both into
custody—Cavanagh dropped the handkerchief—I searched them, and found a handkerchief on each of them.
Thompson's Defence. The other handkerchief found on me is my own; I was standing there, this boy came pushing by, and the constable took me.
GUILTY . Aged 26.— Confined Eighteen Months
OLD COURT.—Thursday, October 27th 1853.
Before Mr. Justice Cresswell and the Fourth Jury.
MESSRS. BODKIN and CLERK conducted the Prosecution.
CATHERINE SCOTT . I am the wife of William Scott—in August, I was living at 10, Enoch-court, Whitechapel—part of the court is in Aldgate—I knew the prisoner and his wife; they resided at No. 7, at the top of the court, in the front room—they have lived there between four and five months to the best of my knowledge—I did not know them before they came there—the prisoner has four children—I did not know what he was—I was in the court on the evening of 23rd Aug., between 6 and 7 o'clock, and saw the prisoner come home; he was very tipsy indeed. (MR. CLARKSON, on behalf of the prisoner, contended that by MR. BODKIN'S opening of the case the transaction was shown to confine itself to the day upon which the deceased lost her life; and objected to evidence being given of circumstances which occurred twelve or twenty-four hours previously, unless they could be shown to have some bearing on the actual killing. The COURT did not think it possible to exclude what passed the night before). The prisoner was very tipsy—I saw his wife at that time up at Mrs. Lancaster's, who lives on the second floor of the, same house—I saw her in the court that evening; the latest hour was half past 9 o'clock—after the prisoner came into the court, I went up to the gate, and the prisoner's little girl brought him some beer—I saw the prisoner at his window about 10 o'clock that evening, Tuesday—he was alone, only the children with him—on the following day, Wednesday, I saw him come into the court at exactly a quarter past 1 o'clock in the afternoon; he was sober—he said nothing to me as he came through the court—I said to him, "There you are," and he pointed his finger to me and said, "Hush!" and then went into his own house—I do not know where his wife was at that time—about a quarter to 3 o'clock, I was going to his room; he and his wife were there, and I beard her say that if she was what be represented her to be she never would have been his wife—that was the first thing I heard said—the prisoner said, "Never mind, never mind, it won't occur again," in a very low tone of voice—I then went downstairs,
and just as I got into the court I heard a noise proceeding from his room—I heard a cry of "Murder!" proceeding from his room—I could recognize the voice that screamed, it was Mrs. Mobbs's, and I called to him from the passage of No. 7, to let her out of the room—Mrs. Jones, who lives there went up stairs and knocked at his door, and at that time I heard a box drawed across the room—I was at that time in the passage—after that I heard the child cry out "Mother, mother!"—I then saw the deceased coming down stairs with the blood flowing from her neck (Mrs. Jones had come down before that)—the deceased was covered with blood, and when she came into the court we perceived that her throat was cut; she was not able to speak; her hair was all banging about her—she was assisted by some of the neighbours and carried out of the court—that was the last I saw of her—I saw the prisoner carried out of his house about an hour afterwards, with his throat bandaged—while I lived in the court, I observed that they lived unhappily together—I remember seeing the prisoner and his wife together on 13th Aug., and saw him do something to her.
Q. What did you then see the prisoner do to his wife? (MR. CLARKSON considered that it was not fair to the prisoner to call upon the witness to state anything which she was supposed to have seen eleven days before the transaction in question; that such evidence would not explain the difference between murder and manslaughter, which was the only argument in his. MR. CLARKSON'S power, MR. BODKIN stated, that he did not purpose to prove any expressions accompanying the acts but only the acts themselves; that it was not consistent with his duty to omit all mention of the matter, but having done so, he would now withdraw the question).
Cross-examined by MR. CLARKSON. Q. Your husband is a carman? A. Yes; I take in washing—when I went up stairs, it was to hear what the prisoner had to say against me; he had sent for me, his little girl came to me—this was on the Wednesday, at a quarter to 3 o'clock—that was all the conversation I heard, and that was heard with some difficulty—I do not know at what time in the day the prisoner had gone to his work—the door of his room was shut; I did not enter the room, nor yet knock, as I thought they might quarrel again, from what was passing—I could hear the words, they spoke plain—it was difficult to hear the words, but he spoke plain enough—I was not listening; I went to the door, and was just going to knock, and I heard her speak'—I was scarcely two moments at the door—he had been in the room from a quarter past 1 o'clock; he went home at a quarter past 1 o'clock—I had understood that be had something to say against me, and went up to hear what it was.
MR. CLERK. Q. You say they had been together since a quarter past 1 o'clock; do you know where the prisoner's wife was when he came home? A. No; but be went home to his room at a quarter past 1 o'clock—I had no means of knowing how long they had been together before I went there—I had had no quarrel with the prisoner on the previous day, nor at any other time—the little girl is about ten years old, I believe—she did not go up stairs; she came into the court to me, and remained there.
FRANCES LANCASTER , I am the wife of John Lancaster, a carman. He works in the docks now; we lived in the same house as the prisoner and his late wife, and occupied the second floor front room, which is immediately over the room occupied by the prisoner and his wife; there is only one room on each floor—I have known them living under me since the Saturday before Easter Sunday; I lived there before that—there were four children, which the prisoner had by a former wife—I have been told that the deceased had no
children; I never saw one—I remember the day on which she met her death—I was not in the court the day before that, Tuesday, 23rd—I saw the prisoner go in doors on the evening of that day; there was some disturbance in the court—he appeared to be rather under the effects of liquor—soon after he went in, the deceased came into my room; it was then about 6 o'clock, and from what she said to me, I allowed her to remain there till about half past 9 o'clock; when I lent her a cloak to put on, and she left the room—I saw nothing more of her after that—on the following morning, about 10 o'clock I think, I went down stairs, and found her coming with a pail of water, when she returned me the cloak I had lent her—I do not know whether she then went into her own room, I left her near the street door—after 2 o'clock I went down stairs; I had to pass the door of the room where the prisoner lived, and heard them talking quietly, in a subdued tone, not quarrelling; I did not hear what either of them said—I then went down into the court, and after I had been there about a quarter of an hour, I heard a cry of "Murder!" distinctly—it was the voice of Mrs. Mobbs; and then I heard faintly," Murder!" and "Help!"—I also heard the youngest boy, Nathaniel Mobbs, who I think is about four years old, cry "Oh, mother!"—on hearing these cries, I and some of the neighbours went to the door of the passage, and Mrs. Jones, who was there, went up to the door of the prisoner's room—I heard her knock at the door, and heard a noise as of a box being moved away from the door-Mrs. Jones then came down from the door, and Mrs. Mobbs came down after her, with her throat cut and her hair hanging down about her shoulders; blood was coming from her—I watched her walk about one or two doors, I did not go far—I did not see her again till I saw her in the hospital—I then proceeded up stairs, and had to pass their door again; it was open, and I saw the prisoner lying on the door, and his little boy sitting in a chair near him—there was a pool of blood by the door, near where the prisoner was lying—I did not notice whether his throat was cut—when I came down with my baby, I saw another pool of blood by the fireplace—I called the officers—I afterwards saw the deceased at the hospital, quite dead; her name was Caroline Mobbs—the prisoner and his wife did not live happily together when he was drunk—she was not a quarrelsome woman at all, and I never saw her otherwise than sober.
Cross-examined. Q. When you came down stairs you heard them conversing quietly together; you did not consider that there was any quarrelling at that time? A. No; at the time I heard the quiet conversation in the room I saw Mrs. Scott going up stairs.
JULIA ANGLING . I am single. In Aug. last I lived at No. 4, Enoch-court the prisoner lived in the same court—I knew him and his wife—on the morning of the day she died she was at my place; she had been there all night—she came about 12 o'clock at night, and remained till next morning—she slept in my room—there were two more young girls there, no one else—about half past 5 o'clock on the Wednesday morning the prisoner came to my place, and asked if his wife was there; I did not answer at all, I only got up off a chair, and stood by the side of his wife—the prisoner had got in by opening the street door, and a young girl opened the room door; he took a chair and sat down; I was right before his wife; he looked all round the room, and then saw his wife sitting down on a chair—I stood before her to try to save her, to hide her, because she did not wish her husband to see that she was there—when he saw her, he asked for to go and get a pint of beer; nobody answered him, and she said she would not go and fetch him no beer, because she was going up before the Lord Mayor in the day for proof that he
should not murder her—he then got up from the chair, and dragged her out of the room by her clothes, out into the court, and dashed her up against the gates where they live—there is a little garden before each house; she stood there, he dragged her to the street door, and she said she would not go up stairs unless I went with her—I went up stairs into their room, and stayed about ten minutes—only a few words passed between them while I was there—I do not recollect what she said, but I recollect him saying she was with a policeman all night; she said she was not, that she was in my place—I said nothing about that to the prisoner, I made my way and came down stairs——about ten minutes after I came down I heard her screaming—(this was before 6 o'clock in the morning)—I heard her say if he did not leave her alone she would jump out of the window—she opened the window—I did not hear her say anything to him when the window was open, but she said to me, "Was not I in your place, my dear, all night?" and I said, "Yes," and she said to him, "Now are you satisfied?"—he made no answer that I heard.
Cross-examined. Q. Do you live at No. 4, Enoch-court, alone? A. No; me and my mother—my mother was not at home on this occasion—she lives in the same house, and nobody else—the two young girls were at work for me that night—they had worked for me in that place before that night—I do not know the policeman on the beat—I had seen him—I did not see him that night, not till the morning, and he came up the court just as this person's wife was screaming out—I do not know his name, I did not ask—the girls do not know him—the expression the wife used was, "If you do not let me go out I will open the window and jump out"—this was at about 6 o'clock in the morning—the married lodgers, Mrs. Scott and Mrs. Lancaster, were all at home that night—I do not live in the same building as them—Mrs. Mobbs was not in the habit of coming to my house of a night, that was the first night she was in my place—my mother was up stairs in bed, very ill—from half past 6 o'clock, when I heard the conversation, I saw nothing more of the deceased till this had happened.
MR. CLERK. Q. What was the work that you and the two girls were at? A. Sewing sacks; that is my employment—I was at work all night that night—the two young women were not at work all night; they laid down, and I did not—they had not often done so before, only there was a hurry for the work—the deceased was doing nothing all night, only sitting on the chair—she did not go to bed—it was just after the cries, the first time, that I saw a policeman come up the court—he did not interfere, he went away.
JANE JONES . I am the wife of John Jones; he works at a printer's—we live at No. 10, Enoch-court—that is not opposite No. 7; it is on the side, down the court. On 24th Aug., about 12 o'clock, I was at my door, and heard screams of "Murder!" proceeding from No. 7—Mrs. Lancaster, Mrs. Scott, and some other neighbours were called out by the screams—they were all at my door together, and we all proceeded to the door of No. 7, and the screams were so different from what we were accustomed to hear, that we went up stairs; the screams were so very violent—when we got to the door of the prisoner's room, the screams were fainter; it was "Murder! Help!" in a much fainter voice—I knocked very violently, and with shaking the handle I found the door was not locked—it opened a little, and I said, "You wretch, you, let the woman out, and don't you murder her"—there was something against the door which prevented my opening it wider—the screams then entirely ceased, and I heard no more till I heard a rustling in the room, and my neighbours called to me—it was somebody moving chairs, or something of that kind—I cannot say whether the noise was near the door—some person then opened
the door with a great crash—my neighbours called to me, and I ran down stairs—I never turned round till I was at the street door; I then saw the woman coming down stairs—I waited till she came through the passage to me—I saw that her throat was cut, and said, "Oh, God! she has got her throat cut!"—she did not speak—the neighbours came, and we tied an apron round her throat—I helped her, and led her to a chair—in half an hour, or it might be more, I saw the prisoner brought down the court with his throat bandaged—I knew very little of the woman, only by seeing her about the court—I never saw her anything else but sober.
JOHN REORDEN . I am a nautical instrument maker. In Aug. last I lived at No. 7, Enoch-court, in the same house as the prisoner—I lived on the ground floor, and he lived above me—Mrs. Lancaster lived above the prisoner—nobody else lived in the house—there are three rooms in it—I was at home on 23rd Aug., the day before the woman came by her death—I saw the prisoner at No. 7 that evening, about 8 o'clock—his wife was in the room—he did not want her there, and told her to go out; he did not say why she was to go out—he pushed her out of the room—this was not her own room, it was my father's room, the bottom room, the ground floor—I do not know whether they bad been quarrelling in our room before this—I heard words pass between them in that room before he told her to go out; he was talking to her, quarrelling—I had just come home from work, and did not know what it was about—he pushed her right out of my room—I think he stopped in the room, I am not sure; I do not know where she went—he told my father not to let her in again—he did not say why—my father rents the house—there is a street door; I do not know whether that was closed after the woman went out, or whether she remained in the passage—on Wednesday morning, the 24th, I was awoke between half past 5 and 6 o'clock—I heard a kind of scuffling noise in the passage on the ground floor, and heard the prisoner'8 voice and his wife's—I heard him talking to her—I believe be told her to go up stairs; he was speaking to her rather cross—I fell asleep again, and heard no more—I went out to work at the usual hour—I came home to dinner about 1 o'clock, went out to work, and returned again at 8 o'clock—there were plenty of people about in the court—I noticed Mrs. Lancaster there, but not Mrs. Jones or Mrs. Angling—from what I had heard, I went up to the prisoner's room; the door was open—the prisoner was then lying by the door, on his back, bleeding, with a brown handled knife in his hand—there was another pool of blood nearer the middle of the room—a constable, came soon after I got there, and also a surgeon—the prisoner got up after I went into the room, and the knife fell from his hand—he was taken to the London Hospital—I saw nobody else in the room—the prisoner has been in the house since Easter—they lived very unhappily together.
MR. CLARKSON to MRS. SCOTT. Q. Had not you had a squabble with the prisoner on the night before? A. On the Tuesday evening, when he came home, he had thrown some beer in my face; that is what the squabble was about—he was very tipsy—the girl brought him some beer; it had a string hanging to it, and he flung it.
MR. BODKIN. Q. Do you feel any offence? A. I asked him what he had done it for, and he came over to me, and I caught his coat, and the tail came off; it had been hanging off before—I treated him as a drunken man—he was always a very respectable, well-conducted man when sober.
FEATHERSTONE (City policeman, 526). On 24th Aug. I was on duty at the entrance of Enoch-court, and was called to No. 7—I went to the first floor, and found the prisoner sitting on a chair—I saw this brown buckhorn
handled knife there (produced)—it has blood on it—it was handed to me by some person in the room—I said to the parties in the room, "I suppose this is the knife that done the deed?"—the prisoner said, "No; it was a white handled one," and pointed towards the cupboard—I did not go to the cupboard—I sent for Mr. Holman, the surgeon—on his arrival, I said to him, in the prisoner's presence, "Will you look in that cupboard, and see if there is any white handled knife there?"—he went, found a white handled knife all over blood, and handed it to me—this is it (produced)—it is in the same state now, only it was wet—the prisoner then gave me twenty-two duplicates to take care of, and he was removed to the hospital—after we got there, and his neck was sewn up, he said that he saw his wife the night previous with a county policeman, in the middle of the night.
Cross-examined. Q. Were you before the Coroner? A. No; I was examined at the Home-office, by Mr. Jardine.
MR. CLERK. Q. Did you give those two knives to ROOTS? A. Yes; the inspector found this whetstone (produced) on the table in the room—there was also on the table about a quarter of a herring uncooked.
JAMES SAMUEL ROOTS (City policeman, 577). On Wednesday afternoon, 24th Aug., I was called to No. 4, Enoch-court—I went up to the first floor, and found the prisoner there, held up on a chair by two parties—he told me to tell George, the cellarman at Mr. Walter Hall's, the wine merchant, at Water-lane, to deliver the things all right—a surgeon was sent for, and I assisted in taking the prisoner to the London Hospital—I should say he was sober at the time I went—after his throat was sewn up at the hospital, and he was got to bed, he said his wife had been out all the night before, and he saw her along with a policeman, one of the Metropolitan policemen, and she was out the best part of the night before that—he said no more then—on the 27th he said he should not have done it if she bad not taken the white handled knife and said she would stab him; that he took the knife from her and cut her throat, gave her two cuts, and then put the knife down, took up his child, who was in the room, and kissed it, and then took up the brown handled knife and cut his own throat—I produce the two knives—they were handed to me by my brother officer—I was examined by the Coroner on 1st Sept., the Thursday week following—I had four communications made to me by the prisoner, three before, and one after my examination before the Coroner—I have named two—they were on 29th, 27th, and 24th Aug.—I did not make any note of them—on the 24th he said, at the hospital, that his wife was out all the night before with a policeman, and part of the night before she was out—I had asked him no question whatever—I was by the side of the bed, standing up—I bad said nothing to him; he used those words, and that was all that passed—I remained with him in the hospital every day—he spoke again on Saturday, the 27th—I never asked him a question—he said he should not have done it, only his wife took the white handled knife, and said she would stab him, and he took it away from her, and cut her throat, giving her two cuts; that he laid the knife down, took up his child and kissed it, and then took up the brown handled knife and cut his own throat—that was all that passed then—on the Monday following, the 29th, he said to me, "Oh! Jim, I wish I could die! for they are only making me better to hang me"—that was all that was said before the inquest—after the inquest, on 4th Sept., he said he sharpened the brown handled knife on the whetstone, which was on the table, before he cut his own throat—he addressed me by my Christian name—I have known him a long while—I was examined by the Coroner on Thursday, 1st Sept., after the prisoner had told
me that his wife had attempted to injure him with the knife—I remembered I that when I was before the Coroner—I told the Coroner all I knew then—this is my signature to these depositions (looking at them).
Cross-examined. Q. How long have you been in the police force? A. Thirteen years.
HORACE DEBENHAM . I am house surgeon, at the London Hospital. The body of the deceased was brought there on 24th Aug., covered with blood, her clothes were saturated with blood; there was a wound across the front of the throat about six inches long, and on the face and neck there were ten other smaller wounds; there were also wounds on the fingers of both hands—the wound in the throat divided three of the jugular veins, but not the arteries; that caused her death—there was a post mortem examination on the following day; the organs of life were healthy—I examined a wound across the front of the prisoner's throat, it was between five and six inches long—it opened the wind pipe in two places, and divided one of the principal arteries, it was a dangerous wound—I did not think he would live an hour when he came in—the wounds on the woman and on the man were such as might have been inflicted by these knives.
COURT. Q. You attended the man? A. Yes; throughout—there were no wounds on his fingers or hands, there were two distinct wounds on his throat.
GUILTY . Aged 32— DEATH .
NEW COURT—Thursday, October 27th 1853.
MR. WOOLLETT conducted the Prosecution.
JOHN MASON . I am the son of the unfortunate deceased. He was in the habit of keeping an oyster stall in Mortimer-street; he had done so for four or five years, off and on—I know nothing of this accident—I was present, but I saw nothing of it till I was struck myself, which stupified me for a moment; I was taken to the hospital with my father—I stood on the side of my father, nearer to Langham-place—I did not see the omnibuses coming—I was struck by the Chelsea and Islington omnibus on the ear and side of the head, and my father was struck too—the bus passed on from me, I got away—I cannot say where my father was struck—a gentleman who was having oysters pulled the table away, and we both got entangled somehow—I had the flaps of my coat torn off—I know that locality very well—there is a large public house directly opposite that stall—it is what is called a gin palace—there is a great deal of light there—there are four large lamps in front of that house in Mortimer-street, and one lamp in Portland-street, and there are some smaller jets in the window—the stall was directly on the pavement, opposite that public house—the four legs of the stall stood on the pavement, about three or four inches from the road—I do not know who was driving the Chelsea and Islington omnibus—I have had conversations with both the prisoners since—I spoke to Wood on the Sunday after the Saturday night when this happened—he said he did not know of it till the policeman told him on Sunday morning—he did not know there had been an accident at all—I said it was odd his conductor had not seen it—he said he had had a few words with his conductor in
the morning, and that was the reason he had never mentioned it to him—in a day or two afterwards he said, when he got round the corner he was going to get down, because he thought his splinter-bar was broken; and somebody on the roof said, "No, it is not your splinter-bar; it is the other one;" and then he did not get down—I had no conversation with May—I saw my father in the hospital, and saw him after he was dead—his name was James Mason.
Cross-examined by MR. BALLANTINE. Q. This was at the corner of Mor-timer-street and Great Portland-street? A. Yes; as you go along Mortimer-street towards Regent-street, it was on the right band—the stall was not projecting into the road, not the least—I believe my father stood between the gutter and the kerb—he generally stood with one foot on the kerb, because he would not wet his feet more than he could help—he did not generally stand in the road—I never heard that he had been spoken to by the police—the omnibusses pass very frequently down that road—there is a cab stand close to it, on the right hind—these omnibuses came out of Regent-street down Mortimer-street—there is not a cab stand between the spot where they enter Mortimer-street and where my father kept his stall—the cab stand is in Portland-street, on the right hand, and they turn to the left; and they avoid the cab rank.
THOMAS CHALKLEY . I live in Tower-street, St. Martin's-lane, and am a cab driver. I knew the deceased by sight, I did not know his name—on 17th Sept., between 8 and 9 o'clock, I was in Mortimer-street, about two yards from the public house, which is at the corner of Mortimer-street and Great Portland-street—I believe it is what they call a gin palace—I think there is a great deal of light there—I saw the two 'busses coming along at the rate of between eight and nine miles an hour—they were from fifteen to twenty yards from me—I saw the Chelsea and Islington 'bus coming along very nearly on the kerb—the wheel was grinding the kerb, and seeing the old oyster man in danger, I called to the Chelsea and Islington man to hold hard—I do not know whether he heard me, or whether he could not pull his horses up, but I think he was not coming so fast but he could have heard and have pulled up—when he came near the old gentleman, the roll-bolt, as we call it, that is, the bar which the traces are fastened to, caught the old gentleman at the bottom of the belly—he vomited blood very fast—it went on the 'bus, some touched the panel.
Cross-examined by MR. BALLANTINE. Q. If the driver of the omnibus had been looking forward must he have seen the old man? A. Yes; he must have seen him, but not the post—the old man was leaning against the post—if the driver had looked at his horses' head, be must have seen the old gentleman—he could have pulled up his horses at seven or eight yards distance at the pace they were going—I should think any man could have pulled his horses up—I think the old man had one foot on the kerb—when I saw the omnibusses, the Clapton and Hackney was a horse's head and neck before the other—I should say it was three or four yards, and he was on the outside; so that the Chelsea and Islington 'bus was pressing forward inside against the kerb.
Cross-examined by MR. PARRY. Q. The Chelsea 'bus was on the inside? A. Yes; if it had been going to pass the other it ought to have passed on the other side—it was on the inner side, and the wheel was grating the kerb—the off horse of that 'bus was a grey one—it had a graze on its right shoulder, but I cannot say how it was done—I had known that oyster stall twelve months; I do not know whether it was tied to the post—I cannot say whether the old man was deaf or not—when I spoke to him he has always given me
I an answer—I hallooed out when the 'bus was seven or eight yards from where the man was standing—I should say the old man must have heard me call, 11 and could have got out of the way—I do not know whether the man hallooed or not, but the noise of the wheels must have been heard—the Clapton omnibus did not pull up, it went on—the deceased was standing with one foot in the gutter—he was as much as eight or ten inches from the kerb—he generally put one foot under the stall and the other in the gutter—the Chelsea omnibus stopped, a man got hold of the horses' heads—the driver was not given into custody—he went away afterwards with the 'bus.
JOSEPH WATTS . I live at No. 99, Great Portland-street, and am a painter. I have seen the deceased man, for the last twelve months, standing at the corner—there is a large public house opposite, which has five lamps, four in Mortimer-street, and one in Great Portland-street—on the night of 17th Sept. I was standing directly opposite the stall—the deceased was opening oysters for a young man who was standing near him—the deceased's son was standing opposite me, alongside of his father, to the left—I saw two omnibuses coming up the road at the rate of from eight to nine miles an hour—it was the noise of the two omnibuses that drew my attention to look round—I do not know the width of Mortimer-street; there is plenty of room for three omnibuses to pass—when I looked round the omnibuses were from twenty to twenty-five yards off—the Islington and Chelsea was half an omnibus' length in front of the Clapton—the Clapton was behind nearly the length of the horses—I saw them distinctly, there was nothing to obstruct my view as they came along—I caught hold of the stall, and said, "By G—d you will be killed!"—it struck the son, and the bar caught the old man and crushed him against the post—I said, "0, my G—d, you have killed the man!"—I took hold of the tub the oysters were in, and handed it in at the bar of the public house—I came out immediately, and said, "You had no right to gallop like that"—it was either to the driver or the conductor of the Islington omnibus that 1 said that—the Clapton had then gone away—when I said that, the driver and the conductor were together; they were both off the omnibus, at the horses' heads—I said it in presence of the driver, if not to the driver—he said I had better mind my own business—I heard that the horse had grazed the fore leg—I went round to see, and saw a mark of mud as if the fore leg of the grey horse had been touched with the hind wheel of the other omnibus—it was too high for the fore wheel to have made the mark—I heard the driver of the Chelsea omnibus say, "He fouled me"—the other omnibus was then gone.
Cross-examined by MR. PARRY. Q. The Chelsea omnibus stopped, and pulled up immediately? A. Yes, it was obliged; it could not get away—the driver did not attempt to get away—he said, "The other omnibus fouled my horse"—there was a mark of mud on the shoulder of the fore horse, such as a wheel would make—I could not see whether the other omnibus was fouling him—the stall was unfortunately fixed to the post; if it had not been fixed, I do not think the old man could have got away—he was jammed between the stall and the omnibus—I wheeled the stall round, and he was jammed against the post—if I had got the stall away he might have escaped—I did not hear any one call out—I do not know that the old man was deaf; he was very busy opening oysters—I caught the stall, and while I was doing that the omnibus caught the son, and tore his coat tails—the old man had not time to get out of the way.
WILLIAM HAWES . I live at No. 118, Great Portland-street, and am a stationer; I knew the deceased—he was in the habit of standing at that stall. On that evening, about a quarter to 9 o'clock, I was crossing Great Portland-street,
at the end of Mortimer-street—I was coming to the post to where this stall was—I first heard a noise of omnibuses coming at a furious pace—I got to the middle of the road in front of the first cab, as I saw there would bean accident of some kind take place from the position of the two omnibuses being so close together, and close on the corner—what I thought would happen was, that one of the omnibuses would be upset, and break in the public house front—I then saw the collision at the corner; and what appeared to me was, that the splinter bar of the Chelsea omnibus had caught the old man, and jammed him against the post—there was a stoppage for a moment, and the Clapton 'bus drew round the corner—I then ran across the road, and saw the old man lying in some one's arms with his head back, as if he was dead—in my judgment, these two omnibuses were driving at a pace dan-gerous to each other—they were driving at a dangerous pace.
Cross-examined by MR. BALLANTINE. Q. At what pace were they going? A. As fast as the horses could trot, in my opinion—there was a very great noise; two omnibuses being so near would make a great noise—almost as soon as the omnibuses were seen, the accident happened—I was a little excited, for I thought the omnibus would be upset, and the people killed on it.
Cross-examined by MR. PARRY. Q. Could you see whether the Clapton omnibus drove the other on the post? A. That is the impression I received, from what I witnessed—I did not hear anybody shouting out, nor do I believe any one did; I must have heard it—the Chelsea driver backed, and turned the horses' heads towards the middle of the road—my impression was, that the Clapton omnibus had driven him on the post.
COURT. Q. Did you see him drive against him? A. I did not see him drive against him; I derive that impression from the omnibuses being so close together—the Chelsea apparently had got the lead—when I first saw them, the Chelsea was not so close to the kerb as it was afterwards—I saw it get nearer to the kerb from the time I first saw it till the accident happened; I am sure of that.
MR. PARRY. Q. When you first saw the Chelsea omnibus, it was not close to the kerb? A. No; my impression is, that if it had kept the same distance from the kerb the driver would have got it round the comer, and have missed the deceased.
THOMAS WARS . I live in Caledonia-crescent, King's-cross, and am a tailor. I was on the top of the Clapton omnibus on 17th Sept.—I got up at Regent-circus, Oxford-street—the Chelsea and Islington omnibus was there at the same time—they both started very nearly together—there might be half a minute difference—they went a slow pace at first—about halfway to Mortimer-street they commenced racing, and continued to do so until the accident occurred—so close were they the greater part of the way through Mortimer-street, that one might have stepped from one 'bus to the other when the accident happened; the driver of the omnibus that I was on cleared and got away, and in a minute and a half or two minutes, he turned to some one that sat behind him, and said, "That is the way to lick them off the perch"—I cannot say who was the driver who said that, as my back was towards him—both the drivers whipped their horses through Mortimer-street—they were galloping, I should say, from eight to nine miles an hour—in my judgment they were going at a dangerous pace.
Cross-examined by MR. BALLANTINE. Q. You were not examined before the Coroner? A. No; I mentioned this in a shop where I was working; a shop-mate told me the deceased man was a neighbour of his, and he mentioned it to the widow, and I had notice to attend—I was sitting on the roof of the
Clapton omnibus—I have gone by several omnibuses—I know I have seen the driver's face—I have probably seen him in Regent-street—I cannot say that they were going at nine or ten miles an hour, I am not capable of judging—they came up from the Circus, drove up Regent-street, and turned into Mortimer-street—they were so close together that there was no particular difference between them; there might have been a little difference, not so much as four or five yards—the Chelsea omnibus was between the Clapton omnibus and the kerb—the Clapton might have gone straight on without the accident occurring—he was the outside omnibus.
Cross-examined by MR. PARRY. Q. Do you recollect that the Clapton omnibus was behind, owing to a wagon? A. It might have been, but sitting on the roof I did not observe it—they were about level from the Circus to Mortimer-street; I do not recollect anything particular happening—during the racing, I was very much afraid that they would come in contact with each other in Mortimer-street—the Chelsea omnibus was on the near side.
GEORGE RILEY , Cross-examined by MR. PARRY. Q. Was the stall tied to the post? A. Yes; I think if it had not been tied to the post his life might have been saved—when the Hackney and Clapton omnibus pushed the other, the man would have fallen down, but I think the stall kept the man up—the Clapton omnibus struck the Chelsea omnibus on the pavement—if the stall had not been fixed the accident would not have been so serious as it was.
COURT. Q. Did you see the Clapton omnibus come against the horses of the Chelsea omnibus? A. Yes; I was just going to cross the road—the Clapton omnibus crossed, and caught the horse of the Chelsea omnibus on the shoulder; during that time I heard a woman scream—the Clapton omnibus went on and never stopped—I went round and saw the man, and assisted to carry him to the hospital—it was immediately on the strike that I heard a woman scream.
MR. PARRY called
CHARLES STOKE . On the evening of this unfortunate business, I was a passenger on the Chelsea omnibus. It was standing at the corner of Regent-street, when I got up; it was the first—the Clapton omnibus started from very near the Circus; it overtook us at the corner of Mortimer-street—there was a van or wagon in the way, just coming out of Mortimer-street, as we were turning round—we turned into Mortimer-street—the Chelsea omnibus was on the near side; we were going a moderate pace on to the corner where the oyster stall was—just as we were going to turn that corner, the other rushed right across, and that was what caused the accident—supposing the Chelsea omnibus had not been swerved from its course, it would have been able to turn the corner, and to have avoided the stall.
Cross-examined by MR. BALLANTINE. Q. What are you? A. A cabinetmaker—I do not know the man who was driving the Chelsea omnibus, to my recollection—I have travelled that road before by the same company's omnibuses—I did not go before the Coroner—when I got down that night I gave my address to the driver—I rode with him to the Angel, and was on the same seat that he was—there might have been a word said about the accident, but no detail at all—I cannot recollect what was said; he said it was a bad job—I do not know that I made any reply—I might
have said it was the other man's fault; I will not swear that I said so—I might have just said a word, nothing more—I did not make any remark at all—there was another gentleman between me and the coachman; he kept talking to him—the coachman did not say to me it was a bad job, but I heard those words pass—I did not hear the gentleman or any one say it was not the coachman's fault—I did not know a man had been killed—I knew a man had been squeezed—I did not get down—I did not see a man vomiting blood on the omnibus window—I was on the other side—it had not been racing; it was going at a moderate pace, about six miles an hoar—I do not recollect the Clapton omnibus being three or four yards before the other—I will swear it was not two or three yards before it in Mortimer-street—it was not at all before it—it might have been up with it, but I will swear it was not at all past it—it was going between six and seven miles an hour—I could see ahead—I did not hear anybody call out—I cannot tell whether the coachman was looking ahead—there was no difficulty in pulling up the horses if there was any danger seen.
MR. PARRY. Q. Where were you sitting? A. On the off side, on the front seat—I was on the side on which the Clapton omnibus came—there was a person between me and the driver—I heard there had been some conversation, and I gave my name and address to the coachman at the Angel—I knew nothing of either of those parties before.
COURT. Q. You speak of the Clapton omnibus forcing your omnibus to swerve? A., Yes; as we turned the corner, the wheel of the other omnibus caught the wheel of the omnibus I was on—I was afraid I was going to be squeezed—their wheel struck our fore wheel, and passed and struck the horse—their omnibus never was before ours at all—they made the rush to go right across.
CHARLES WILLIAM KINNERSLEY . I was a passenger by the Chelsea omnibus. I was sitting on the offside, next the coachman—I got up in the middle of Regent-street—I remember the Clapton omnibus—I cannot recollect seeing the last witness; there was a person sitting on my right—the Clapton omnibus was at the corner—the Chelsea went on, and the Clapton followed it and turned Mortimer-street—when we got near the stall, and got the horses pretty well over the place, the Clapton driver turned his horses round, and pressed the Chelsea omnibus round, supposing that this pressure on the Chelsea omnibus had not taken place, in my opinion the Chelsea omnibus would have cleared the man and his stall—it is my full impression that there was plenty of room.
Cross-examined by MR. BALLANTINE. Q. What part of your omnibus was it that caught the man? A. I was not on that side; I should say it was the fore wheel—our driver was in the act of turning the corner—the stall was at the corner of Mortimer-street—I did not get down, and was not aware the accident was so serious till the coachman came up again after he got down—I should say we were going seven or eight miles an hour, that was a little over their usual pace—they were going quicker than usual, we were not exactly late—I go habitually by that company's omnibuses—the driver asked me to come, but I said I would rather not—I have not seen the driver since—he was only a casual driver, he was quite a stranger to me.
JOHN MARTIN . I am living at King's-cross. I am a servant, but am out of service now—I was a passenger by the Chelsea omnibus—I sat on the near side—I remember coming near this oyster stall—I saw the collision, it was occasioned by the Clapton omnibus pushing across, and pushing the horses on the pavement—the near side of one omnibus caught the off side wheel of the other—supposing this pressure had not occurred, and the off
wheel had not been caught by the wheel of the Clapton omnibus, and the Chelsea omnibus had gone straight on in its course, it would have cleared I the stall; both omnibuses might have passed, there was plenty of room.
Cross-examined by MR. BALLANTINB. Q. Where was the stall? A. At the corner of Mortimer-street; it was off the kerb—the poor man was at the end of the stall in Mortimer-street—I think it was the splinter bar or the pole that struck him—I could not speak positively, because it was momentarily done—the splinter bar is where the traces are fixed to I believe—if it had been the pole, the near horse's feet must have been on the kerb—the man was struck, and then squeezed between the post and the fore part of the body of the omnibus—it was going at a moderate pace, the-ordinary pace, the way that I have seen omnibuses go, about six miles an hour, or may be a little over: not hurrying in the least—I have travelled by the omnibuses of that firm before.
WILLIAM DUCKWORTH . I was a passenger on the Chelsea omnibus. I sat on the roof—I had my face towards the oyster stall—I remember the collision/; as we were going along Mortimer-street, the other omnibus came up along side of us—their wheel caught our front wheel, and turned the omnibus round on to the post—there was room to have passed without touching the omnibus—if the Chelsea omnibus had not received this blow, but had gone straight on, it would have cleared the stall—it would have cleared the post; I was sitting looking at it.
Cross-examined by MR. BALLANTINB. Q. Your omnibus was the inside one? A. Yes; it was about a foot from the kerb—at the time the wheel of the other omnibus caught our wheel, I was sitting with my back to it—I saw where it had caught, I got up and looked at it—the other omnibus drew back, and went on—I saw the man struck, I saw the blood come from his mouth—he was struck with the splinter bar—the horse's feet were on the pavement.
WILLIAM LUCKEY . I reside in Dorset-street, Queen-square; I live on my means; I have some freehold property. I was in Mortimer-street at the time this happened—I was walking from Regent-street, on the left hand side—I remember the collision—I might be four or five yards from the omnibus, but it was the work of a moment—I saw the two omnibuses going on—the outside one was about three parts of the omnibus behind, and in less than a minute I saw the horses of the inside omnibus turned round on the pavement, and driven on the man—that could have been done in no other way but the collision of the other omnibus—the other omnibus had then gone in front, just before the inner one—whether the Clapton omnibus touched the other I do not know.
Cross-examined by MR. WOOLLETT. Q. They were both going a good pace? A. The inside one was not going an unusual pace; the Clapton one must have gone faster, because in four or five yards it had got the length of the omnibus.
WILLIAM ROBERT BARNETT . I was riding on the Clapton omnibus. I was the outside passenger on the near side—there was one person between me and the coachman—I saw the accident, and I remember the oyster stall, and the poor man who was jammed, and the Chelsea omnibus—the Chelsea omnibus was passing the stall, and pulled up—the Clapton omnibus shot across, and caught the Chelsea omnibus' wheel, and then the wheel caught the splinter bar and drove it against the post—supposing the Clapton omnibus had not struck the Chelsea omnibus, and the Chelsea omnibus had gone on, it would have cleared the old man and the stall—there was quite
enough room on the off side of the Chelsea omnibus for the Clapton omnibus to have passed easily—after it had occurred, Wood said he owed him one, and he had given it him.
Cross-examined by MR. BALLANTINE. Q. Are you sure those were the words he used; just repeat them? A. He said, "I owed him one, and I have given it him;" "I owed him a knock, and 1 have given it him."
Q. Now I ask you, on your solemn oath, did he say, "I owed him a knock?" A. Yes; I cannot say I am quite positive—I am a gentleman's servant—I do not know the prisoner May at all—I told this story to one of the drivers of the Islington and Chelsea omnibuses—I went home with him one night, and I asked him how the man was getting on—he said he was dead—I did not have anything to drink with him—I have lived with my master nearly six months—it was after the Chelsea omnibus pulled up that the Clapton one shot across.
WOOD— GUILTY . Aged 35.
MAY— GUILTY . Aged 43. † Confined Six Months.
Before Mr. Recorder.
GUILTY . Aged 20.— Confined Six Months.
THIRD COURT—Thursday, October 27th, 1853.
Before Mr. Common Serjeant and the Eighth Jury.
SAMUEL THOMAS . I am assistant to William Sent, hosier, of the Royal Exchange. On 17th Oct., about 8 o'clock in the morning, the prisoner came, and asked to be shown some black silk cravats—I showed him some; he did not approve of any of them—he spoke English—he described another sort, which we had not got; and in describing them, he leaned over the counter and motioned with his hand, as to the kind of border to it—while he was doing so, I saw his other hand go to his pocket—I looked and saw part of a cravat, projecting from his pocket—he asked if I could get what he wanted—I said yes, if he liked to call again—he asked me for a card—I should have had to turn round to get one—I said there was no occasion for that, as every one knew the Royal Exchange—he left the shop, and I followed him and overtook him; I walked close to him till I saw a policeman, and then gave him in charge—he was taken back to the shop, and these cravats (produced) were taken from him—they have my own private mark on them.
Prisoner. Q. Did I ask you whether I could have a sample of these neck handkerchiefs to show? A. No; you said if he did not call in, be would send some one else—when you went out of the shop, I did not call you at all; I tapped you on the shoulder—you stopped—when you came back to the shop, you did not take the cravats and give them to me—you did not speak a word.
COURT. Q. Did he take them out of his pocket himself? A. I cannot
positively say; I saw them come out of his pocket—he did not ask me to let him have some to show as a sample; I never give samples—I did not give him these particular ones as a sample—I did not see him take them openly—one hand was lying on the cravats while he was leaning over; as he was doing so I saw them.
Prisoner. Q. Will you swear you brought me back to the shop? A. Yes; the prosecutor accompanied me—you did not take the cravats out of your pocket and give them to me; I took them out—they were not wrapped up in paper, or anything; they were loose.
GUILTY . Aged 26.— Confined Six Months.
MR. RIBTON conducted the Prosecution.
GEORGE NASH . I am a wheelwright, and live at Parson's-green, Fulham. I recollect the month of Nov., 1852—I knew the prisoner about six weeks before—he called at my house on the 21st Nov., at 10 o'clock in the morning; it was Sunday—he remained with me until 4 o'clock in the afternoon—he had luncheon, and dined with me—there were two guns in the room where we were sitting; he had them both in his hand, and said how well he could shoot with them if he bad them—he also saw two coats; one was an over coat, and the other an under coat—I lent him the over coat because it rained, but he returned it in about half an hour—I did not lend him the other—we left the house at 4 o'clock, and went to the Duke's Head, half a mile off—the housekeeper, Elizabeth M'Donald, was left in the house; she has left my service, and I do not know where she is—I stayed at the public house until half past 10 o'clock—the prisoner and myself were drinking porter until 8 o'clock—he asked me to pay for a pot of beer for him, and I said that I would—we drank that, and he said, "Pay for another, that will make 8d., and I will pay you on Saturday night"—the second pot was standing on the table when the housekeeper came in—that was at 8 o'clock—he desired her to take a drink of porter, which she did—he then said, "I shall go out for a little while; I shall not be long before I am back"—he went out, and the housekeeper remained along with me till half past 10 o'clock—I expected him back—at half past 10 o'clock I went home; I found the outside door locked; the sash of the bedroom was broken, and the glass out—the bedroom was on the ground floor, and any one could have got in from the street—I missed the guns the same night, and the coats on the Tuesday following.
JAMES COX . I live at Sands-end, Fulham, and am a carman. I was in the Rose public house, on a Sunday in Nov. 1852, and saw the prisoner come in there about a quarter past 9 o'clock in the evening, with two coats and two guns—he asked me to buy the two old coats, saying they were of no use to him, and I bought them for 1s.—the policeman came and asked me for them, I think at the latter end of the week, and I gave them to him—I am sure these are the coats, I saw the two guns; the prisoner had them in his possession.
GEORGE PENFOLD . I am a carman now. In Nov. 1852, I kept the Nell Gwynne public house—I knew the prisoner a month or two before—in Nov. 1852, he came to my house on a Sunday evening, between 10 and 11 o'clock, and had one gun which he said he had just taken out of pawn—he said he
had had two, and had left a single barrelled gun at the Rose public house-in the parlour there were four young men sitting, who had been working with him at some time—he went off to sleep—one of the young men said I had better take care of the gun, and I put it in the bar—the men woke the prisoner up, and he went away with them about 11 o'clock—he came the next morning, and asked me to let him have the gun—I said, "You owe me a score, you had better pay it before you have the gun"—he had two pots of beer and some bread and cheese, and then he wanted a sovereign, and said he would pay me on Saturday night when he came for the gun—I gave him a sovereign and kept the gun—he went away, and I saw him no more—the policeman came for the gun on the next Sunday, and I gave it to him; this is it.
(The prisoner was further charged with having been before convicted.)
GUILTY. Aged 26.— Four Years of Penal Servitude.
GUILTY . Aged 25.— Judgment Respited.
GUILTY . Aged 32.— Confined Four Months.
1103. EDWARD SMITH and FREDERICK SMITH , burglary in the dwelling house of Robert Jones, and stealing therein 2 dresses, 1 shawl, 4 spoons, 2 knives, and other articles, value 14l.; his goods.—2nd COUNT, receiving the same: to which
EDWARD SMITH pleaded GUILTY to receiving.—Aged 22. *— Four Years of Penal Servitude.
MR. RIBTON conducted the Prosecution.
ROBERT JAMES . I am a builder; I reside at Aschurch-villas, New-road, Hammersmith. On Tuesday, 11th Oct. last, I went to bed—I fastened the house up in the usual manner—my stepdaughter, my wife, and myself slept in the house—I fastened the house up about 11 o'clock—I did not see my stepdaughter go down stairs the next morning; I got up myself about 7 o'clock—in consequence of something that my stepdaughter said, I examined the house—I went down stairs, and found the doors, both back and front, open, and the scullery window wide open—I closed the windows the night before—I am quite positive the two doors were closed the night before—I found two coats, a hat, two dresses, and various other articles taken away; four silver spoons, two silver thimbles, two silver knives, two silver pencil cases, two pairs of spectacles—the value of the whole is about 14l.—I had
seen a portion of these the day before—the hat I had worn that day; I had used the spectacles on the Sunday previous—whoever had broke in had been regaling themselves upon my wine—some was apparently gone; the gin was gone—a gun was taken from the fire place, and placed on the ironing board—an Indian tomahawk was removed from its place.
JULIET CHARLOTTE JAMS MATTHEWS . I am the stepdaughter of the last witness. On Tuesday night, 11th Oct., I went to bed about a quarter of an hour before papa—I came down before him on the following morning, about 7 o'clock—the drawing room door was open, the cupboards were open, (he decanters taken out, and the stopper was out of the wine, and a little distance from it—I went down stairs to the kitchen—as I went to the window, I stumbled against something; I saw it was papa's double barrelled gun—the kitchen window had not been opened—I went to the scullery door; it was wide open—I did not go in—I stayed in the lobby, and ran back and went up stairs, and called papa—I first went into my sister's room, and found that it had been ransacked in the same manner that the others had—my sister was not at home—the front door was unbolted, top and bottom—it was not open; it had been shut, though not bolted—the scullery door leads to the garden; it was wide open—the door shut the window out from my view—I made a communication to my father, and he came down stairs—amongst the property taken away there were some spectacles—I saw them on the evening before; mamma used them—on the Tuesday, they were lying on the table—two pairs were taken—I only saw one on Tuesday—I should know them if I saw them.
HENRY BUBRETT (policeman). I was on duty in the beginning of this month, at Shepherd's Bush Market, half a mile from the prosecutor's house. I saw Edward Smith that night—I did not know him before; but I am sure he is the man—I saw him in Shepherd's Bush Market, he was coming towards town from the way of the house—I saw him on the opposite side of the way with a bundle—I crossed, and when I got about two yards off he said, "Good morning, policeman;" I said, "Good morning, what have you in the bundle?"—he said "My militia clothes"—I said, "I should like to be satisfied, come across to the lamp;"I then took him across the road, and was about to undo the bundle when he started off and ran—I immediately dropped the bundle and went after him—I overtook him at a distance of about sixty or seventy yards—I brought him back to where the bundle was, and took him to the station—I examined the bundle as soon as I got to the station—I opened it myself—I found in the bundle a butter knife, two small knives, one plated spoon, two silver thimbles, a stiletto, a black dress, a shawl, two coats, two lady's dresses—I did not find a pencil case, nor any spectacles.
GEORGE MILLER (policeman). I am stationed at Hammersmith. From information which I received, I apprehended Frederick Smith, on the night of Wednesday, about 11 o'clock, the day following the robbery—I asked him first what his name was; he said, "Frederick Smith"—I asked him if it was Stevens; he said, "No;" afterwards he acknowledged it was—I apprehended him at the police station; he was brought there with another man for a row at a public house—I asked him if he knew anything of a pair of spectacles; he said no, at first, afterwards he said he had a pair which he picked up near Turnham-green—I went to his lodgings in Gunnersbury-place; he did not accompany me—he was not at any time with me at those lodgings—I ascertained where his lodgings were—it was the house of Mrs. Poore; there is no number to it.
Prisoner. Q. When you apprehended me, did you not ask me about the spectacles? A. I asked you if you had a pair of spectacles.
Prisoner. I told you first where they were, and described it. Witness. He did afterwards; he acknowledged it afterwards.
MR. RIBTON. Q. Did he tell you where he lodged? A. Gunnersbury place—I went to the house, and searched the room—I found a pair of spectacles on the washing stand; these are the spectacles—I found these in the room—I had left him at the station—I had no conversation with the prisoner about it after I had found these—I have kept them ever since.
HOPHNI ALLAND (policeman). I was on duty in Hammersmith, on the night of Tuesday, 11th Oct. I saw Frederick Smith coming down the road from Aschurch Villas; I saw him about half a mile from Aschurch Villas—it was a few minutes after 3 o'clock; I did not say anything to him; I am positive he is the man; I took particular notice of him, and am able to swear positively that it was him.
Prisoner. Q. How do you know I am the man? what clothes had I on? A. A black coat, and dark trowsers; you had a hat on when you passed me.
MR. RIBTON. Q. When did you see him afterwards? A. The next day in the cell, in the station—he then had a cap; he asked the sergeant for his hat; when he passed me he had a hat on—I had a light with me, and turned it on his face.
MARIA POORE . I live at Gunnersbury-place. There is no number to the house, it stands alone in a garden—I know the prisoner, Frederick Smith, he went by the name of Thomas Stevens, he lodged in my house from Friday, till he was taken; he slept there on Friday and Saturday nights; on Sunday and Monday he did not; on Tuesday he came home; he was out all night on Tuesday night, and came home between 8 and 9 o'clock on Wednesday morning—I did not observe anything with respect to his coat; he slept in the room with George Stevens; George Stevens slept at home on Tuesday night—there were three militia men absent from my house on Tuesday night.
GEORGE STEVENS . I lived at Mrs. Poore's house, in Gunnersbury-place. I know Frederick Smith, he lived in the same room with me—I recollect Tuesday, 11th Oct.; he was not at home that night—I was not at home when he came home on Wednesday morning—the first time I saw him was about half past 11 o'clock—he offered me a pair of spectacles; these are them; be wanted me to buy them.
Prisoner. Q. You say I was not at home on Tuesday night; how doyouknow that? was you at home? A. I was told so—I was at Turnham-green.
ROBERT JAMES re-examined. The dresses and one coat are mine—the spectacles are mine—I saw them on Sunday—this coat I saw on Tuesday evening, and my hat—there was nothing that I particularly noticed the day before the robbery but my coat and hat.
ROBERT HODGSON . I am a sergeant in the Royal West Middlesex Militia. I know the prisoner Stevens—I have seen the other prisoner in the regiment before—I saw them together on a Wednesday in October—I have
seen them together two or three times—I saw them together on Tuesday, 11th Oct., between 5 and 6 o'clock in the evening, at the Crown Tavern, Gunnersburry-place—I had a pint of beer—We left the public house together between 5 and 6 o'clock—I saw Stevens come home the next morning, between 8 and 9 o'clock—I lodged at the same house, Mrs. Poore's—I slept in the next it room—he was in a very wet and dirty state—I noticed that he had a hat on in the morning; when he went out he had a carpal asked him where he had been out all night—he told me he had been to London—I did not ask him anything more.
MR. PAYNE, as Amicus Curiae, suggested that as the two counts in the indictment were antagonistic, the prisoner, Edward Smith, by pleading Guilty to the second count, had exhausted the whole indictment, and was not and could not be charged to the Jury on the first count for burglary. MR. COMMON SERJEANT (after having consulted with the learned Judges) said there was very great difficulty in the case; not so much in the antagonism between the two counts, but because the prisoner had never specifically pleaded: he had pleaded Guilty to the second count, and the first was only got at by implication; as he had not pleaded Not Guilty to it, he could not be charged; the whole case must therefore be tried over again, or a verdict of Not Guilty must be taken on the first count. MR. RIBTON elected the latter.
FREDERICK SMITH— GUILTY.** of receiving the spectacles, knowing them to be stolen. Aged 22.— Four Years of Penal Servitude.
SAMUEL PEGLER (policeman, K 169). On the morning of 23rd Oct., I was called to take the prisoner out of a house in Shadwell—the party belonging to the house called me—I found him sifting on a bed, and another man by the side of him—I asked him to come out several times, which he refused to do—I then got behind him, and he Walked out—I walked a way, and left him for ten minutes—I asked him to go away after he got outside—when I came back in ten minutes he was knocking at the door for admittance—I asked him again to go away—he went away in front of me to High-street, Whitechapel—it was not my beat to follow him—I walked behind him several yards—when he got to High-street, Whitechapel, be picked up a stone and threw it at me, and it struck me on the head—he then ran away, and I ran after him—I had not done anything besides follow him—I have not done duty since—the blow cut me—I went to Dr. Ross, and he attended to my head—the cut in my head with the stone was three quarters of an inch long—this is the stone—I picked it up after I took the prisoner into custody.
Cross-examined by MR. METCALFE. Q. You swear that is the stone? A. Yes; the illness has affected my head—I saw the stone coming—I was about a dozen yards from the prisoner when he threw it at me—I had time to look at the stone and see it coming—I went to look for it about two minutes afterwards—this took place about 2 o'clock in the morning—it was in a brothel where I found him—I followed him some distance, walking behind him; I continued walking behind him about five minutes—I was walking my beat—I did not say anything to him during the time; not one word was said from the time we left the brothel till the stone was thrown—without speaking to him, or saying anything to him, he took up the stone—I did not use my truncheon to him; I did not pull out my truncheon on any occasion—I did not see a wound on the back of his head; I did at the
station—the same surgeon who dressed my head dressed his—I do not know how deep the cut was in my head—the surgeon did not tell me what sort of a wound it was at all, nor say so in my presence—I knew the wound was three quarters of an inch long, from the glass; I looked in the glass, and I knew it was three quarters of an inch long, from a measure I had in my hands—I put the measure on my head, and I could see the reflection in the glass—the surgeon had examined the wound at that time—I measured the wound, in order to give evidence if I was asked such a question—there is an actual wound existing now—the surgeon has not dressed it since Sunday—he dressed it on Sunday—the occurrence took place last Sunday morning, at 2 o'clock—the surgeon dressed it on Sunday, and has never dressed it since—he has seen it since; he saw it on Monday—the prisoner was sober—I left the other man in the house that was sitting on the bed, and took this man away—he walked out of the room after my going behind him—I was not obliged to use violence at that time—it was on the Sunday morning that I saw the wound on the prisoner's head—there was fresh blood on his head.
COURT. Q. Before you were struck with the stone had you touched him at all? A. I had not.
MR. METCALFE. Q. When was it you measured the cut, after the surgeon dressed it, or before? A. On the Sunday afternoon—the sticking plaster was on the middle of the cut—it did not extend to the end of the cut—I had my truncheon in my pocket—I did not take it out—I never touched him at all.
JAMBS BURT (policeman, K 317). I saw the prisoner running, and Pegler following him; I went and stopped him, but he made a fault and ran further off; he was rushing towards the wall, and Pegler after him—I never saw any staff drawn—after I got to the station 1 saw blood on Pegler; and blood on the back of the prisoner's head—I did not see anything to cause that, unless he struck it against the shutters.
Cross-examined. Q. You say he was running in the direction of the shutters? A. He was running from one side to the other—I cannot tell whether or not running with his face towards the shutters he turned round, and knocked the back of his head—there was no man with him—I had not seen Lewis, I have seen him since—not then, I did not see him when he was running; I did not see anything of the parties till the one was running, and the other running after him; the blood was running from the back of the prisoner's head.
JOHN ROSS . I am a dresser at the London Hospital; I am a medical student there. I examined Pegler's head; it was on Sunday morning, a quarter before 3 o'clock; I found a slight contused wound—I examined the prisoner, he had a wound at the back of the head; it might have occurred from a truncheon—it might have occurred from a fall—I should say a fall was the most likely of the two—my father is surgeon to the police; if the man had fallen it might have broken his head lower down; he might have fallen and caught the bolt; I do not think he could have done it if he ran against it with his face; it might have been done with a truncheon; if I had heard that a truncheon had been used, I should not have thought it impossible to have such a blow as that—the wound on the head of the policeman might have been more than half an inch long—I told the policeman to keep the wound covered—I think I did not strap it so as to leave the edges of the wound exposed.
MR. METCALFE called,
vessel; she has gone straight away; I waited for the express purpose of giving my evidence; my things are on board, and are gone—I saw something of what took place on Sunday morning—the prisoner was away all night, he is a sailor also; we had been living together; we boarded together in the same house, at James Ward's, Ratclift-street—the girl he had been stopping with he went down again to stop with, at the house where he was found; there was another man in the house; the girl came and told the policeman to make the prisoner quiet if he could; the policeman came in to him, and the man came out quietly—he was walking beside the door, and the policeman came and gave him three shoves; the man told him he was walking quite fast enough for himself: the policeman made no more to do than take out his truncheon and strike him over the head, and knocked his cap off; then the man, as he was picking his cap up, picked up a brick or a stone—whether the same produced I do not know—he hove it at him, and struck him on the head—he then ran away, the policeman ran after him, another caught him, and then the man got hold of him—I went away—there was not any tumbling against shutters—I took him to the doctor to dress him; his head was perfectly sound and well before—I saw the policemen get their truncheons, and strike him on the head; as he was picking up his cap the policeman struck him.
COURT. Q. You had been with him all night? A. All the night; I did not go to the brothel, I went to my house with him—when the policeman went in I walked outside—after the prisoner got outside, the policeman went away a little, then the policeman came back and ordered him away—he was walking slowly away, and the policeman shoved him three times—the other man remained in the house till the morning. (The prisoner received a good character.)
NOT GUILTY .
MR. GIFFARD conducted the Prosecution.
SIR ROBERT PIGOT, BART . On 19th Aug. last I was residing at Hill-street, Berkeley-square. The rings now produced are my property—it is difficult to say what is the value of them—the larger ring I stated before the Magistrates I thought was not worth less than 50l.—I have heard it stated to be worth 100l.; the other I purchased myself, and gave 18l. for it—I did not miss them myself—I was in the house at the time the search was made for them—I was not present so as to be able to tell of the search, or the missing of them.
ELIZABETH SOMERS . I am lady's maid to Lady Pigot. I was in her ladyship's bedroom on 10th Aug.—I looked for the two rings, and missed them—I saw them safe about half past 11 o'clock on 19th Aug.—I looked for them about half past 2 o'clock—these are the two rings that were missed—I know nothing about the prisoner.
WILLIAM HENRY MAIDENS . I am a gilder and dealer in enamels, living at No. 419, Oxford-street. I remember the prisoner coming into my shop on 19th Aug.—I believe it was about 12 o'clock—there was some conversation about some pins, and the prisoner asked me if I had any rings—I told him no—he asked me if I bought rings—I said yes, if they suited me—he told me he was commissioned by a lady to sell several hundred pound's worth of jewellery; she had a heavy lawsuit pending, and she did not wish to have her name mentioned—he said he would bring two rings to me to see—he came back again in perhaps not quite half an hour—he showed me these two rings,
and said that one cost 150l., the smaller one 30l.—I asked him what be wanted for them; he said he wanted 23l.—I said 1 did not understand them they were too expensive; I must have the opinion of a jeweller before I could buy such rings as these; and he said, "Then let us go to a jeweller's?"—We went to a jeweller; and when he went in he had the larger ring on his finger and the smaller one in his hand—he was standing by the counter—he turned round to me, and said, "I am afraid I shall not be able to get them out again"—he went to a pawnbroker's, and he told the pawnbroker the larger one cost 150 guineas—he asked him what he wanted for them, and be hesitated, and said, "30l."—the pawnbroker examined them, and said, "I would not lead you 22l. on them"—he said, "What do you want?"—I said, "He has said what he wants;" and he said, "I would not lend 18l."—we came out, and he said, when we came out, "This man does not seem to understand them"—I said I knew a pawnbroker in Wardour-street, Mr. Harrison, if he would like to go there—he complained of the distance, but be ultimately went—I asked Mr. Harrison 30l., and Mr. Harrison offered 25l.—the prisoner did not go in he waited outside—the first pawnbroker we went to was his choice—he took me to the first, and I took him to the second—I did not tell him what the pawnbroker had said—I ultimately bought the rings for 22l.—I had seen the young man previously in my shop—I have not the slightest doubt that he is the same person.
Prisoner. Q. Do you mean to say that on 19th Aug. I came to your shop? A. Yes; you certainly did not meet me at the corner of James-street, Covent-garden, on the left hand side.
JEREMIAH LOCKERBY (police sergeant, S). On 24th Aug. I heard of the robbery—I received a note, directing me to go to Lady Pigot's house—in consequence of inquiries which I made, I went to No. 10, Milton-place, Euston-square; that is where the prisoner lives—he came in about a quarter past 2 o'clock in the morning—I arrived there between 9 and 10 o'clock at night, and remained in the room till he came—I asked him if his name was Williams—he said it was—I told him I was a police officer—I was in plain clothes—I was going to take him into custody on suspicion of stealing two rings of Sir Robert Pigot's—he said, "I know nothing about any rings"——I said, "I believe you sold two rings to Mr. Maidens, in Oxford-street?"—he said, "No, I did not"—I asked him if he knew Mr. Maidens—he said, "Yes; but he will not say I sold any rings to him"—before I took him to the station, I sent for Mr. Maidens—Mr. Maidens was a short distance away with some other officers; he came in half an hour afterwards, and said, "That is the man I bought the rings from"—on the road to the station he said, in the cab," Do you mean to say I sold you any rings?"—and Mr. Maidens said, "Yes, you did"—on 20th Sept. I received a letter from the prisoner, from the House of Detention, which was put into my hands by another officer; in consequence of which I went to the House of Detention—he asked me if I had received a letter—I told him I had—he then told me that he wanted to see some papers which I had, as some of them were in reference to the date when he purchased the rings; be had bought them from a person, and would bring witnesses forward to prove that upon his trial; and that the reason he did not say so at Marl borough-street police court was, he thought the parties were out of town from whom he purchased them—I told him to name any paper he wanted, and he should see it—he said he could not do that—I looked over the papers, and I found none of them had reference to rings of any description—the letter was dated, "House of Detention, Sept. 19, 1853," directing me to let him have any papers, or see them, which I had got of his
—I subsequently received another letter, which I have no doubt is in the same handwriting—I have seen him write his name (the letter was here put in and read)—I went to the place to which 1 was directed in that letter—I saw the prisoner at Newgate on the receipt of that letter, and he asked me if I had received that letter—he then told me that John Blacklock was the person from whom he received the rings—I told him that unless he could bring respectable witnesses to prove it, I should not take him into custody—he directed me to Mr. Bodley—I went and saw him, and he gave me such satisfaction that I went no further in the matter—so far from Mr. Bodley being willing to come forward to say anything in evidence to prove be bought the rings, he said he did not—I had the letters in my hand, the prisoner might have seen them.
Prisoner. Q. Did you produce the letters, or either of them? A. I had them in my hand; I told you you could see any one you thought proper—I went and saw a party of the name of Bowers—he said he saw you buy them.
COURT Q. Is the man here? A. He has never been here at all.
The prisoner called GEORGE BODLET. I live at No. 2, Barnard's-buildings, Crown-street, Soho. I know the prisoner—I do not know anything about this transaction of the rings—the prisoner wished me to come forward, and say I saw him buy the rings; I did not see him buy them—there is a letter he sent from the House of Detention—I know his handwriting. (The letter was put in, and read; it contained a draft of the evidence which the prisoner desired the witness to give.) I do not know anything about the rings; I never saw them.
GUILTY of receiving. (The prisoner was further charged with having been before convicted.) WILLIAM FORD (policeman). I produce a certificate of the prisoner's previous conviction (read)—I was present at the trial—the prisoner is the person.
GUILTY>. Aged 20.— Four Years of Penal Servitude.
1106. MARY HOOPER was indicted for being accessory before the fact of stealing 16 spoons, 1 coffee pot, 1 tea pot, and other articles, value 70l.; the goods of Joseph William Schlessingher, her master.
MR. COOPER conducted the Prosecution.
ANTONIO SCHLESSINGER . I am brother to Mr. Joseph William Schlessinger; he occupies a house, No. 30, Osborne-terrace, Clapham-road. On 19th and 20th Sept., my brother was absent from home—I was not left to take care of the house with the servant; 1 was residing in the house—the prisoner was the only servant—I think she had been in the service of my brother about four months—I am in the habit of leaving in the morning, coming to the City, and returning home at night—on Monday morning I left at past 9 o'clock; I returned near 7 o'clock—I did not find the servant at home—she came borne about half past 10 o'clock—she made an excuse that she was sorry she left the house before I came home, but her brother was taken ill, and she went to him in the house of a butcher; he had met with an accident—I do not recollect that she gave me the name of the butcher—on Tuesday night, when I got home, I heard a conversation in the hall, a male and a female voice—I did not then say anything to the prisoner on that account—after the robbery was committed, I spoke of Tuesday night; she
said it was the laundress and the son—before I left home on Thursday morning, she asked what time I should be home—I asked her what reason she had for putting the question; she said, as her brother was sick, and she had not seen him for two days, she wished to go out and see him—on Thursday, I returned home about 7 o'clock—on returning home, I missed a coat in the hall—when I came home, I found the police—I looked, and missed a great deal of property; a silver knife, table spoons, tea spoons, and other things—I have seen none of the things since.
MARGARET QUARE . I live at No. 29, Osborne terrace. I am a single woman—I live next door to the prosecutor—on Thursday morning, 22nd Sept, about a quarter past 1 o'clock, I saw a cab come to the door—I saw two men come out of the house, and get into the cab—I saw the cab drive up, and they went out immediately—one had a carpet-bag, the other a black travelling bag—I did not notice how the door closed—I do not think I should know the men again if I saw them—I did not see their faces—later in the day the prisoner came to my house, J think about half past 3 or 4 o'clock—I had not observed her pass the house before she came to it—on coming to my house I did not see her—the housemaid saw her.
MARY ANN DEDMAN . I am housemaid to the last witness. On Thursday, the day mentioned, I saw a cab at the gate—I did not see any one enter it—I did not see it drive away—between 3 and 4 o'clock in the afternoon, I saw the prisoner pass our house—she appeared in rather a hurried state—I saw her enter the gate of her master's house, and go up to the door—she went in—there is a little garden before the house—after she had been in about ten minutes she came to our house—she did not come into the house—she stood on the top of the steps, and put her hand to the bell, which she could reach from the front door—she asked me if I had seen any one come in, and whether I would come in a minute—I went into their house, and when I went into the parlour she said, "Every room is the same, even my box is turned out"—I do not remember that she said anything further—I saw the room in confusion—she kept saying, "What will be done?"
Cross-examined by MR. BALLANTINE. Q. She appeared to be in a great state of excitement and agitation? A. I do not know that I noticed it again—when she passed the house to go in at the gate she appeared in an agitated state.
HARRIET JONES . I am a servant, living at No. 31, Cambridge-terrace. The back of our premises overlooks No. 30, Osborne-terrace—on the morning of the robbery a cab came on the terrace—I was looking out of a back window—the cab was against No. 30, Osborne-terrace—whilst I was looking out I saw the cab stop at the door, and immediately the cab stopped two men came out of the house—I cannot say that I observed anything with respect to the door—I cannot say that it banged to—the first man had a black bag in his hand—at the distance the other appeared to have a brown paper parcel—I saw the cab drive away—after the cab drove away I observed a man come down the terrace five minutes after—he stopped at the house No. 30, and a female came out and joined him—she came out of No 30, at the front door—the man only went as far as the gate—upon her coming out she went to the man—they went in the same direction as the cab—I saw the female again in the afternoon—I cannot tell whether I had seen the man who came to the door before or not—I saw the men enter the cab—I cannot say anything with respect to the men—the distance is too great—I saw the young woman again in the afternoon, between half past 3 and 4 o'clock—she was standing at the door, ringing the next house bell.
HARRIET JONES re-examined. In the morning the young woman had a black bonnet and light dress; in the afternoon she had a shawl on, all the same kind of dress, black apron, and black bonnet—I saw her stand at the door when the policeman was called in.
HENRY LOWE . I am a house painter. On 22nd Sept., I was coming from Pimlico to Vauxhall, and I met the prisoner on the bridge, at a quarter past 1 o'clock; I looked after her, and that was all I saw of her.
THOMAS NEWMAN (policeman). I was not called in respecting the robbery—I took the prisoner into custody afterwards—she did not say a word to me—I went to Mr. Bennett's, a butcher, because I understood that she had a brother employed by him; I went there to make inquiries about the brother—the prisoner was not with me, she was in custody—I could not make out whether he was ill or not; he had left Mr. Bennett's employ on the 5th Sept.; Mr. Bennett told me so—I have searched after him; I cannot find him anywhere—there are twenty constables in search of him.
Cross-examined. Q. What did you find? A. I found he had absconded—he had been robbing his employers to a large amount—I have every reason to believe, from inquiries made, that he is connected with this robbery, in company with some other person—I believe there is a letter in which he asks the prisoner to come and see him—handbills have been circulated.
NOT GUILTY .
(The prisoner received an excellent character).
(The Jury added, that they believed the prisoner left the Court without a stain on her character).
OLD COURT.—Friday, October 28th, 1858.
Before Mr. Justice Williams, and the Third Jury.
MESSRS. RIBTON and GIFFARD conducted the Prosecution.
MARY ANN RYMELL . I am the wife of James Rymell, of No. 17, Shepherd's-bush-market. I know the prisoner by sight, and I knew his wife by sight—on Saturday evening, 10th Sept. last, I was at the Stuart's Arms public house, between half past 10 and 11 o'clock—I saw the prisoner there—I said to him, " There stands your wife"—his wife was close by him—he turned round, and said, "And that will be the last time"—I passed on, without saying a word, to my own home—I believe she was perfectly sober, from her appearance—the prisoner did not appear as if he was much in liquor.
Cross-examined by MR. SLEIGH. Q. Were you going home at this time? A. Yes; I was not walking rapidly past; I was standing there, talking to other persons.
Q. What called your attention to Hayes and his wife in particular? A. I
saw him standing there, and his wife, and I did not think that he saw his wife there, and I merely said those words to him, and that was how he answered mi—his wife was about five yards from him—I did not know anything of them previously—I did not know upon what terms they were living—I was talking to other persons there—my husband was there—as soon as the prisoner said this I passed on—the words he made use of were not, "I don't care if it is the last time"—he said the words I have told you—I cannot lay when I first told any one about the words he used; when he was taken, I believe—I was not at the inquest; I attended before the Magistrate; policeman procured my attendance there—I did not see these persons more than just a moment—I had not a sufficient opportunity to say whether the woman was sober or not—I did not see the prisoner go up to her, or see her go up to him and enter into conversation; it was the work of a moment.
MR. GIFFARD. Q. How soon was your attention called to this matter after the Saturday night; when did you first hear of it? A. On the Sunday evening; my attention was then called to what I bad seen on the Saturday evening.
THOMAS TAYLOR . I work at the Brickfields. I know the prisoner—I have seen his wife: I knew her by sight—on Saturday night, 10th Sept, about half past 11 o'clock, I was standing with the witness, George, near the Stuart's Arms—the prisoner and his wife were standing, looking in the shop window, in Shepherd's-market when I first saw them—I heard the woman ask the prisoner to go home—he up with his fist and knocked her down—the blow was about the body, but I could not say whereabouts—she got up, and he knocked her down a second time—she then ran behind me and George for protection—I told her to get away, as I thought perhaps her husband might think I was harbouring her—I saw him kick at her, and he said he would kick her b—brains out; and when she was running away, be said, "I will do for you;" that was when she was running away from behind me—she ran towards Mrs. Steele's, the Queen's Arms—I did not see anything more of them that night—there were a few people in the market; there might be twenty or thirty, or perhaps more; I cannot say the number exactly.
Cross-examined Q. How long have you known the prisoner? A. I dare say five years—he is a bricklayer's labourer—there are brickfields in the immediate neighbourhood of Shepherd's-bush—there are not many Irish brickmakers—the brickmakers are generally called brickeys—a great number of persons are employed there in the brickfield—I had not known the deceased for any length of time—I knew her when she used to bring his dinner—that may be two years ago, I dare say—I dare say I have known her for two years—I have never seen her in liquor—I only knew her by sight, no further than bringing his dinner.
Q. You say she ran behind you and George, and you did not protect her; why was it that you did not protect her? A. The Irish and English people are not always on the best of terms, and I did not wish to interfere—there were a good many people there.
COURT. Q. Then you did not interfere because of the Irish people; is that so? A. Yes.
MR. SLEIGH. Q. I am afraid it is a very quarrelsome neighbourhood? A. At times it is—they are not only the brickeys that quarrel, but the bricklayers' labourers as well—there were a great many Irish labourers among the crowd that was there.
COURT. Q. And brickeys also? A. Yes; the brickeys are not Irish—I
do not know one that is an Irishman—the labourers are Irish, and the brickeys English.
MR. SLEIGH. Q. How long were Hayes and his wife standing outside this shop before you saw the act of violence committed? A. Not two minutes—they were both looking into the shop—they were standing close to each other, close enough for him to reach her with his fist—they were not both standing together looking into the shop, they were both looking, but not as if they were on good terms with each other—one was at one end and one at the other, about half the distance of the window—it was a bonnet and cap shop, not a grocer's—there is a grocer's on this side of it.
COURT. Q. How long were they in your sight altogether? A. Not a quarter of an hour; it might have been that at the outside—George was with me all the time.
EDWARDGEORGE. I am a brickmaker. I have known the prisoner about five years, and his wife about eighteen months, or from that to twenty—on Saturday night, 10th Sept., I was in Shepherd's-bush market with Taylor, near the Stuart's Arms—I saw the prisoner and his wife together—I saw him knock his wife down—she got up, and he knocked her on to the ground again—she got up a second time, and walked behind Taylor and me—we were about six or seven yards from the spot where she was knocked down—the prisoner came behind me and Taylor for his wife, and she walked away from us, and they went away together, Hayes saying that he would kick her b—y brains out—I saw him kick at her, but I cannot say whether he kicked her or no; it was while he was kicking at her that he said those words—she then went away towards Mrs. Steele's—I did not see her go that way, but Taylor did—I could not say whether they went away separately or together after he said he would kick her brains out—I saw them again a few minutes after, I should say it might be ten minutes, walking gently up the market, Mrs. Hayes before him—he might be fourteen or fifteen yards after her, following after her—that was all I saw of them—she appeared perfectly sober that night.
Cross-examined. Q. Was it because you were afraid of the Irish people that were there that you did not interfere to protect this woman? A. No, it was not on that account; but I did not think any other violence would occur afterwards—this took place in the street—there were about six or seven persons in the street at the time, most of them females—they were close to Mrs. Hayes—there were several Irish bricklayers standing on the path.
COURT. Q. Then what did you mean by saying there were but six or seven persons in the street? A. Six or seven stood along with me and Taylor—they were mostly females—some of them were Irish—they were standing at a distance from us, near the doctor's shop—a few yards off, standing round.
MR. SLEIGH. Q. You have been examined twice, have you not, before the Coroner, and before the Magistrate? A. Yes—there was a bit of a row in the street that night—I bad not anything to do with it, nor had Taylor—Taylor was locked up that night, by his wife having her things knocked about—the row in the street was a few minutes before this—Taylor was locked up all night by the police.
Q. Was not the reason why you did not attempt to protect this woman because you were afraid of the people who were engaged in the row? A. Yes; they had not been quarrelling with Mrs. Hayes in my sight.
Q. Had not Mrs. Hayes been engaged in the row that night, and was not that the reason why you were afraid to protect her when her husband struck her, for fear of the Irish? A. Certainly it was.
COURT. Q. You say that Mrs. Hayes had been in the row? A. No, the
reason I was afraid to protect her was for fear of the Irish, not because I believed she had been in the row with them—I could not say whether she had been in the row—I did not believe she had.
MR. RIBTON. Q. At the time you saw the prisoner knock his wife down, was there any row? A. No, there was not—the row occurred before that—Taylor was locked up because of his wife's things being knocked out of her lap into the street.
THOMAS TAYLOR re-examined by MR. SLEIGH. I was locked up that night—that was some time after this occurrence—the Irish row was in the same street where Hayes struck his wife, and a few minutes before it—I never saw Hayes nor yet his wife at the time the row was—it was a good bit after the row, to the best of my recollection, when I saw Hayes hit his wife—I was not in the row at all—I had nothing to do with it—I was in the street—I did not see it, I only heard of it—I was in the street at the same time—I was locked up that night through my wife's things being knocked over on to the pavement—they were knocked over by some drunken men; who they were I do not know—I went and interfered with it when I saw them—the police took me into custody because I was there, and would not come off until I had picked up my things.
COURT Q. How long was that after you saw Hayes knock his wife down? A. I should think three quarters of an hour.
MR. RIBTON. Q. Did you interfere to protect your wife? A. Yes, and to pick up my property, what I had bought at the shop—it was grocery—I was taken before the Magistrate on the Monday, and they acquitted me directly.
EMILY SHIRLEY . I am the wife of George Shirley, of No. 3, Back-gardens, Shepherd's-bush. On Saturday evening, 10th Sept., I was coming home between 10 and 11 o'clock, and saw the prisoner in the market—I had known him before—I saw him knock a woman down—she got up again, and went down the market—I did not see any more of her then—I stopped with my husband at the top of the maket—about an hour and a half afterwards, as I was going home, I saw the woman again—that was near 1 o'clock, about half past 12 o'clock I should think it was—it was the same woman I had seen knocked down by the prisoner—she was going round by the Royal Hotel, down the island—there is a place called Robinson's-gate at the end of the island—the Royal Hotel and Robinson's-gate are on opposite sides of the road—the island does not run out of the turnpike road, it runs alongside the market—the Royal Hotel is at the corner of the island, nearer the turnpike road—the island is also called Shepherd's-bush Back-gardens—you go down the island in order to get to Robinson's-gate—when I got past the Royal Hotel the woman and I came together to Robinson's-gate, and just past the gate I saw the prisoner standing.
COURT. Q. Does the gate lead from the island into the market? A. It stands in the middle of the island, about three parts of the way down—you do not go through it into the market, you pass it—it leads into a large carpenter's yard.
MR. GIFFARD. Q. The yard is at the back of the houses in the market, I believe? A. Yes—when I got up to the gate the prisoner turned round, as if he was coming up the island again—the woman turned round to follow him—the woman and I were on the Royal Hotel side of the gate—when the prisoner got about the middle of the gate he stopped, and took the woman's head, and rammed it against the rails of the gate with both his hands, and he said, "Take that, you b—w—! I will do for you soon"—I then went
indoors, and saw no more of them—the woman appeared perfectly sober—she had on a plaid shawl and a dark brown bonnet, trimmed with plaid ribbon (the policeman Searle here produced a bonnet and shawl)—these are the same the woman had on—there was a gas light at the corner of the hotel—the woman and I passed that corner together—I did not look at her dress, I looked at the bonnet and shawl.
Cross-examined, Q. I should like to know a little more particularly about the exact hour at which this occurrence took place? A. The first time I saw them was between 10 and 11 o'clock; that was in the market—there were not many persons there at the time; it must have been about that time—I am not speaking from what the policeman said afterwards—I had no watch—I am sure it was not between 11 and 12 o'clock, because it was about twenty minutes past 10 o'clock when I was in the grocer's shop getting my things, I looked at the clock in the grocer's shop—I was out with my husband; he was not with me on the second occasion when I saw the woman; I had just left him in the public house—I had been in the public house with him—I was not tipsy; I had had some beer, nothing else—I did not look at the clock there before I left; it was the Royal Hotel—I had been in there about an hour—I went straight home after this occurrence; it was close to my own house—it was while I was walking with the woman that Hayes appeared in sight, standing against Robinson's-gate—she went up to him; he walked away, and she followed him—he had got about half the length of this court before he laid hold of her head—I could not hear anything pass between them before he did that—I did not hear any word spoken at all till I saw him take bold of her—I had never seen the woman before that night—I have not seen the body of the deceased—I did not see her next morning while she was alive—except from the bonnet and shawl, I have no means of saying who she was—to the best of my belief this bonnet and shawl were on that woman that night; I have no other means of knowing that it was the prisoner's wife—it was a very dark night, and very foggy—the place against which he pushed the woman's head was wood—they were flat rails—he pushed the woman against them with very considerable force; as hard as he could several times—I should think it could not but have injured her head—I could see the prisoner's features—I was not fifty yards from the gas light—there is a sweep's in the middle, and their lamp was alight—when I saw him he was about three parts of the way down the island—he was about as far from the gas light as I am from the wall of the court—there were no other people about—there were a great number of men and women in the hotel where I left my husband—the men were brickeys—after Hayes inflicted the violence on the woman, she walked up the island, went in doors, and I saw no more of her—that was after her head had been pushed against the rails—that was the last I saw of her—I do not know what became of the man—I went into my own house.
MR. GIFFARD. Q. What time does the public house close on a Saturday night? A. Twelve o'clock—it had not closed when I left it—I was out buying grocery that night, between 10 and 11 o'clock, and I had the grocery with me when I was going back through the island, and saw the prisoner knock the woman down—I was taking it home, and except during the time I was taking it home, I was with my husband all the evening—there was about half an hour between my leaving the Royal Hotel and the time I saw this transaction take place—I left my husband in the public house, and when I returned the public house was closed—I saw this matter happen as I was returning from the public house the last time—the
sweep's gas light is nearly opposite Robinson's-gate—the road is just wide enough for a horse and cart to go down—when the prisoner did what I have described, he was just across the road, just opposite the gate;—I knew him before; I have no doubt he is the roan.
COURT. Q. When they close the public house, do they turn the people out, or do they let them stay? A. They all go out.
JOHN SEARLE (policeman, T 69). My beat is at Shepherd's-bush, in the parish of Hammersmith. On Sunday evening, 11th Sept., I was on duty at the top of Shepherd's-bush market, near the Royal Hotel, about 20 minutes past 1 o'clock—there are some unfinished buildings at the other side of the turnpike-road—I heard a scrambling across the road—I could not see, as it was very foggy, and thinking that it was a brother constable, I crossed over—there are some railings which separate the ground where the buildings are from the road—I waited about two minutes, heard no further sound, and then stooped under the railings—I walked ten or twelve yards further on the building ground, with my light turned on, listened for a moment, but did not hear any thing—when I had gone about twenty-eight yards inside the railings, I saw the prisoner standing in front of me—it was a very dense fog, and I could not see two yards from me—I was standing close to the prisoner when I saw him—I asked him what he did there—he said, "What the b—h—is that to do with you?"—he appeared in a very trembling state—he appeared stupefied, and I thought he was under the influence of drink—I told him he had better follow me into the road, thinking he had lost himself; and I went three or four yards, thinking he was following me; but he did not—I went back again, and found him nearly in the same spot, but about six yards nearer to the spot where the deceased was afterwards found—I requested him to come away, and told him if he did not choose to do so, I should be compelled to take him up—he said it was all right; he had stepped off the road, it being foggy, and bad lost himself—he remained in the position in which he was two or three minutes, and then unbuttoned his trowsers, and gazed on the spot which has since been pointed out to me—I turned myself round, and stood by the side of him for about a couple of minutes, and then told him again, if he did not follow me, I should be compelled to lock him up, as he had no business there whatever—he followed me into the road, after stooping under the rail, and then said to me, u I thought I knew you"—I said, "You don't know roe, and I don't know you; by that means go away"—his reply was, "If you don't know roe, J wonder at your speaking to such a character as I am"—after that he went away, and I followed him to Norland turnpike-gate, about twenty yards from there, in the direction of Shepherd's-bush; that was all I saw of him that night—I then went back to the spot we had come out from, and remained there some time; but he did not return, as 1 thought he might.
Cross-examined. Q. This place is separated from the the road by a railing which runs parallel with the road? A. Yes; there is a footpath before you get to the railing—the place is an excavation for building—perhaps there are three houses built—the excavation is for foundations—when you get under the rails you pass three houses in shell first, which is twenty-eight or thirty yards, and then you can descend a little into the excavation—there is a slope there, but very little—I did not go down; I descended a little—the excavation adjoins the houses, and the rail is to prevent people from going in; but there are from twenty-eight to thirty yards to go before they would fall into the excavation—they are wooden rails—I got under them—it is very nearly half the distance more than the length of this Court from the road to the excavation—the railing does not go in a line with the houses which are in shell—the houses turn off from the road—the rail does not go to
the excavation, bat it prevents persons from walking off the road into the excavation—it extends the whole of the way along the road, with the excep tion of about three feet at each end—the whole of it is about sixty yards—in the excavation, just under the perpendicular wall which forms the cellars, there are two or three brickbats—the excavation has been there about two years, or it might be rather more; I cannot say exactly—the perpendicular wall on side, forming the cellars, is about five feet from the surface to the bottom; and right under there is where the brickbats are—the man whom I saw that night 1 say is the prisoner—I might have seen him before—I did not know him by sight—I did not see him again till he was in custody; that was on Sunday evening—on the night in question he walked very well—he was not very much intoxicated—I thought he was labouring under the influence of drink—he appeared stupefied, trembling and sighing very much—the night was so foggy I could not see two yards before me—it had been so for two hours before.
MR. RIBTON. Q. How many carcasses of houses are there built? A. Three—the corner house faces the road, the other houses do not—there is to be a road formed-there—the corner house is about ten yards from the road, across the foot path and all, but from the railing it is not above five or six yards—the ground behind the other houses presents nearly the same surface as the road—the road is not formed yet—I have no doubt whatever the prisoner is the man—I was in his company five minutes at the least, and I took particular notice of him—I saw him in custody on the next Sunday night, and identified him—I attributed his being in that trembling and sighing state to the influence of drink, but he walked away very well, without staggering, and he spoke very well to me, with the exception of sighing.
COURT. Q. When, you saw the prisoner on Sunday night at the station house, did you see him singly, or was he with other persons t A. He was with one other prisoner, a man thirty or thirty-five years of age—the prisoner was lying on his back, with his hands behind his head—I was not aware at the time that he was in custody.
RICHARD KENNETT . I am carter to William Scott, and live at No. 10, Clifton-street. On Sunday morning, 11th Sept., I was going to my work, at a few minutes past 6 o'clock, and in consequence of something I heard, I went into the building ground, and found a woman lying down in the excavation, which is about nearly as far again from the railing, as I am from the wall of this Court—she was lying on her stomach and face, and her shawl was turned over her head—she had a bonnet on—the shawl was not muffled round her head—I pulled her over on her back, and unpinned her bonnet strings—she was alive, but senseless—her right eye was very much blackened, and also the corner of her mouth—the eye was swollen—when I pulled her over she vomited—she appeared to have been nearly strangled—I asked some men who were standing by if they would fetch a policeman.
Cross-examined. Q. Was not her shawl pinned round her neck? A. It was pinned a little distance off her neck, but it had got pushed up, and somehow or other it was turned over her head.
COURT. Q. Did you observe whether the vomiting smelt of liquor? A. I did not take notice.
JAMES STARLING . On Sunday morning, 11th Sept., I was going on duty at Shepherd's Bush, and in consequence of something I heard I went to these buildings, and found a woman lying on her side, vomiting—she appeared to be insensible—it was then about a quarter past 6 o'clock—I did
not see Kennett there—her right eye was very much swelled, and her right jaw—I had her taken on a stretcher to the station, and I went for a doctor—on Sunday evening, the 11th, about 7 o'clock, I assisted Rogers another constable, in apprehending the prisoner—he asked Rogers what he wanted him for—Rogers told him it was respecting his wife—he said if his wife liked to get drunk, and knock herself about with a brick, he could not help it—I pointed out to Searle the spot where I found the woman—it was at the end of some unfinished buildings, opposite to the Royal Hotel, outside the buildings in the excavation—her head was about twelve or thirteen feet from the perpendicular part of the brick work—from the surface to the bottom of the excavation is about five feet deep.
Cross-examined. Q. Was she lying on her right side when you found her? A. Yes; to the best of my recollection—the prisoner's words were, "If my wife likes to get drunk, which she will do, and knock herself about with a brick, I cannot help it"—he did not say, "If my wife likes to get drunk, as she will do, and allow herself to be knocked by brickeys, I cannot help it."
HENRY ROGERS (policeman, T 13). On Sunday, 11th Sept., I apprehended the prisoner at the Norland Arms public house, Notting-hill—he asked me what I wanted with him—I told him it was respecting his wife—he asked me if she was dead, and I told him yes—he said, "If she likes to get drunk, and knock herself about with a brick, that has nothing to do with me"—he said he had not seen her since 9 o'clock the night before—that would be Saturday.
Cross-examined. Q. You know what the meaning of the word" brickeys" is in that neighbourhood? A. Yes; brick makers—the prisoner did not say, "If she likes to get drunk, and allow herself to be knocked about by brickeys"—I adhere to my original statement, that he said "with a brick."
EDMUND LINES . I am a labourer. I knew the deceased, I married her sister—on Sunday, 11th Sept., in consequence of something I heard I went to the prisoner about 3 o'clock, and saw him standing against the Queen's Arms—I asked him if he bad heard anything about his wife—he said, "I heard a little about it, but, thank God! I did not do it"—I told him she was at the station house very bad, and that nobody would be let to see her, only her sister or husband—I met him again about an hour afterwards, and he asked me if she was dead—I said, "No, I have not been at home since"—I said I had been at another place—he said, u Success to the be brickeys that done her at last, I would not wish to hurt a hair of her head"—he has not been living with her for about two years, and when they lived together, they lived in Earl-street.
Cross-examined. Q. When had you seen the deceased previously? A. I saw her on the Saturday evening; we had a little to drink in a public house—William Linch and Michael Hayes were there—Linch is a neighbour of mine—the deceased did not go into the public house with us—she was standing outside the door when I met her, talking to her husband and Michael Hayes—it was then about 6 o'clock, by the public house o'clock—this was the Prince of Wales public house, which is about a quarter of a mile from the Royal Hotel—I was not in the Prince of Wales five minutes—I went away, leaving the deceased, her husband, and Michael Hayes, standing at the bar—during the five minutes that I was there, I ordered half a pint of gin—the deceased drank part of it—Linch then ordered another half pint of gin—the deceased took the decanter, and poured out the first half pint into glasses—I ordered that, but Linch paid for it—that was soon disposed of
and then I ordered another half pint, and paid for it—I do not know whether the deceased partook of the second half pint—the first half pint was taken between the four of us—the prisoner drank a portion of it—the four persons were the deceased, the prisoner, Michael Hayes, and myself—the deceased poured out the second half pint, as she had done the first, and I left her in the public house with the other two persons—Linch is a bricklayers labourer, and I believe Michael Hayes is a labourer too—I do not know whether he is a relation of the prisoner—I never knew him before that night—the deceased and her husband appeared on very good terms—there was not the slightest quarrel between them.
MR. RIBTON. Q. You say four persons shared in the first half pint? A. Yes; and I believe the same persons shared in the second, but there is a regular thoroughfare through the public house, and I think the deceased gave two women a share of it—Linch had not a share of it—he did not drink any—I was not there above five minutes.
JOHANNAH LINES . I am the wife of the last witness, and the sister of the deceased. On Sunday, 11th Sept., a policeman came and fetched me to the station—I saw my sister there in a very bad state—I scarcely knew her—she was knocked about, bruised, and disfigured, and had a black eye—she was not sensible—she was removed from the station to my house at 5 o'clock in the afternoon, and I continued to attend her till her death, which was at a quarter to 6 o'clock on Sunday afternoon—she never spoke—this is her bonnet and shawl (produced)—I have seen her wear them—the wore them in my own house on the Wednesday before the murder happened.
JOHN BROWN . I am a surgeon. On Sunday morning, 11th Sept., at 7 o'clock, I was sent for to the station house, and found a female very ill, totally insensible—she was very much bruised about the face—her right eye was swollen very much from a blow, and was very livid—there was also a severe bruise on the lower jaw—the left side of her face was as if she bad been struck with some gravel, as if it had been sliped down with gravel—by "sliped down" I mean, that it was as if she had been dragged over some gravel—I saw her again at 10 o'clock—she was then in a more sinking state, and totally insensible—5 o'clock was the last time I saw her alive—on the Monday week afterwards I made a post mortem examination—on opening the head, there was a great effusion of blood on the substance of the brain, underneath the second covering, and also in both ventricles of the brain—there was about two drachms in one ventricle, and a few ounces in the other—the other organs of the body were generally healthy, except the heart, which was very flabby, and had thin walls—I have no doubt that death was caused by the quantity of blood effused on, and in, the ventricles of the brain—a blow or blows would be likely to produce that.
Cross-examined. Q. I understand you to say that the immediate cause of the death of the deceased was the effusion of blood on and in the brain? A. It would gradually produce death—I attribute death to that state of the parts which I discovered—I say decidedly that that effusion of blood may have been caused by a blow or blows—a fall might do it, too—it must be a very great degree of excitement indeed to do it—I never met with a case in which it has been done by a high degree of intoxication—in that case it is doubtful if you would have blood in the ventricles—I think you would not, but you would if the concussion was caused by a blow or a fall—I made a careful post mortem examination, particularly of the brain—I made an incision into the brain—
the small vessels which ramify the brain were not in a congested state—the substance of the brain was free from any effusion.
Q. If a body is examined a day or two after death, do not you find that part which is next to the substance on which it was lying gorgedswith blood? A. The skin is; a portion of the blood follows the laws of gravitation, and goes to the lowest part—it would depend on the state of the weather whether I should find structural change in a body after the lapse of a week after death—in the present case, I think it made no difference—I should prefer making the examination within two days, of course—I examined the meningeal artery—it was in a sound state—no portion of the brain was lacerated—the chief source of effusion of blood, in cases of fulness in the brain, is not caused at all times by a rupture of the meningeal artery.
Q. Is this statement correct of Professor Taylor: "The chief source of the effusion of blood to the head arises from a rupture of the meningeal artery, and this may occur from the mere shock or concussion, with or without a fracture of its bony canal?" A. I believe it is; concussion of the brain, and effusion of blood, may be occasioned in the brain without any marks of external violence—the most severe bruises I discovered were on the right eye and the right jaw—what I have stated was, that there was great effusion on, not in, the substance of the brain.
Q. Do you coincide with this remark of Professor Taylor, "When the marks of violence are slight, a witness must exercise great caution before be alleges that the extravasation was produced by a blow, especially when it ii found that the deceased was of intemperate habits?" A. Yes, I consider that is correct, scientifically speaking.
Q. Can you give your assent to this: "If a man, excited by passion and intoxication, is struck on the head, and the blow is very slight, such as an unaffected person would have sustained without injury; yet, if insensibility and death follow, and on examination a quantity of blood is found extravasated in the substance of the brain, can it be a matter of doubt with the practitioner that the extravasation was chiefly due to the excitement under which the deceased was labouring?" A. I should think that would be the case, generally speaking—I think a blow on the eye, to produce the effect which was produced, would be quite sufficient to cause effusion of blood into the brain—it must knock a person down.
Q. In the case of a person falling, in a state of intoxication, and being previously much excited, might not concussion and effusion have been the result, independently of any blow? A. I should rather doubt it myself—if a person fell a distance of four or five feet, having been previously drinking and in an excited state, I think there would be external marks to corroborate it—I have known cases of concussion and effusion, and death supervening, without any external mark—I have even known fracture of the skull without external marks.
COURT. Q. You say, supposing a person to fall five or six feet, who was in a state of excitement from liquor, that the mere fall would not account for it? A. Not for the quantity of blood which I found in the ventricles.
MR. SLEIGH. Q. Do you dissent from this opinion of Dr. Taylor, that extravasation may occur from violence, with or without fracture, and it may take place without any external marks of injury to the head? A. Extravasation might, but that would be in a different place—this was in the ventricles as well.
MR. RIBTON. Q. You said the small vessels which ramify through the brain were not in a congested state; if the person had been in a drunken
state, would they have been congested? A. I should think they would have been fuller than they were—I saw the woman at 7 o'clock on Sunday morning—she did not vomit at the station, but there was some food just inside her mouth—I am not able to say whether she had or had not been drinking.
MR. SLEIGH. Q. You examined the heart, and you say that the walls of it were flabby; do you mean the auricles or the ventricles? A. The ventricles—they were thinner.
COURT. Q. Do I understand you to say there were, or were not, any appearances which enabled you to connect the effusion of blood with the appearance of any external bruise? A. Not any—I think the external bruise must have been caused by a blow, because there were no scratches, or anything of that kind—the skin was not abraded—I have seen the excavation, and I do not think that the appearances which I found, and which caused death, could be accounted for by the woman falling down there—I think, if she had fallen on her head, there must have been some external bruise, and I do not think the shock would be sufficient to cause those appearances, supposing she was in a state of excitement, unless she did fall on her head, I have a confident opinion of that, nor could it be produced by her falling on any other part of her body—if she had fallen on brickbats, at the bottom of the excavation, that would not be reconcilable with the appearances I found on her eye, because the skin would have been cut by the sharp edge—I opened the head first, and under the scalp above the right eye I found a small mark—it was on the temple, and was as if she had fallen on a small piece of brick or gravel, which was not sufficiently large to cut through the skin, but to mark it underneath—the mortal appearances could not have arisen from that at all.
JURY. Q. Were there any bruises on the back of the head? A. None at all, nor on any other part of the body, except what I have mentioned.
JOHN KNIGHT . I am a grocer of Shepherd's-bush-marker. On the Saturday evening of this occurrence, the prisoner and his wife came into my shop—I did not know them before, but I recognised the body of the deceased at Hammersmith—it was about a Quarter or twenty minutes after 12 o'clock—the prisoner bad some grocery goods, but I was otherwise engaged, and cannot tell what they were—the woman appeared perfectly sober—the prisoner ordered the goods, but I did not serve him myself.
Cross-examined. Q. Did they appear to be on perfectly good terms? A. I never heard anything particular about it. MR. RIBTON. Q. Was it the next day that you saw the body of the woman? A. No; it was on the Monday—I can say that that was the Woman who I had seen in my shop with the prisoner on the Saturday night—I saw the body at a house at the back of the station—the policeman, Searle, took me there to see it.
GUILTY of manslaughter. —Aged 39.— Transported for life.
NEW COURT—Friday, October 8th, 1853.
PRESENT—Mr. RECORDER; Mr. Ald. LAWRENCE; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Fifth Jury.
GUILTY . Aged 28.— Four Years Penal Servitude.
MR. PARRY conducted the Prosecution.
RICHARD WILLIAM TOMLINSON BROOKS . I am a surgeon, at No. 168 Fleet-street. The prisoner lodged in my house with her husband, and her mother occasionally—I think it was in May last she came to lodge with me—for some time previous to the 20th Oct. I had missed money from my till—I did not know who to accuse; I discharged one of my errand boys—I marked 2l. worth of money, and on the night of the 13th Oct. I put 15d. in the till; the next morning it was all gone—I had marked the money after the errand boy was gone—I called in a policeman, who watched for five nights—on the night of the 21st Oct., 15d. which were marked were left in the till—I found that the whole of them were gone at 8 o'clock in the morning.
Cross-examined by MR. BALLANTINE. Q. What is the husband of this lady? A. He is with Mr. Kirkham, a jeweller—I believe she is within t week or two of her confinement.
Q. Do you believe that upon matters of pilfering she has been affected by the state she is in? A. It is more than probable, almost certain, that it was under the influence of her pregnancy that she did this—that is not uncommon—medical men always know that females in that state are affected with peculiar longings and desires, and are likely to do many things that they otherwise would not do—they are scarcely accountable for all their actions, because many of them are done without a motive—I sent a letter to the pie-siding Alderman on the subject—I wished the prosecution to be withdrawn.
MR. PARRY. Q. How much money altogether have you missed? A. I should say between 20l. and 30l.; I could not say exactly.
Q. Do you think that a person who admits that she has taken 5l. that that may be caused by a state of pregnancy? A. There may be great excuses for it; I could not say that it would cause it—I should not think it was possible that she was aware that the policeman was watching—I did not miss any money during the time the policeman watched—the second night, after he left, I missed the money—she lodged in my second floor—she could get in my shop by coming down stairs—the shop is always open—there is no private entrance—my till was not locked—from many circumstances I believe the prisoner was scarcely conscious of many actions of which she has been guilty—there was so much folly in them—I go by other circumstances that I have since become acquainted with.
COURT. Q. Did you ever observe any other action of her which betokened the absence of a sense of right and wrong? A. Yes; in making the infant's robe, cutting up expensive lace caps, and trimming the dress with them, when she might have purchased the thing for much less—that, in my judgment, betokened the absence of a sound mind—in Aug., 1851, when I was called to attend her, she suffered much from a severe affection of the brain, almost amounting to inflammation of the bruin.
JAMES FROST . I am shopman to Mr. Brooks. On the morning of 14th Oct. I missed the sum of 30d. from the till—I had seen it safe the night before—I saw 7d. given up by the prisoner in presence of the policeman—they had been marked by me—I have missed money from the till several times—I do not know how many times within the period of two or three months.
Brooks to watch his till during the night—I watched it five nights, and no one came—on 22nd Oct., about half past 10 o'clock in the morning, I was sent for—I saw the prisoner's mother go to Mr. Mitchell's, a butcher, No. 48, Fetter-lane—I saw her pay something, and when she went out I went into the shop, and examined two shillings which her mother had given to Mr. Mitchell; they are marked—I went back to Mr. Brooks, and waited the-return of the prisoner's mother—she produced some more money, and I found one more marked shilling—I sent for the prisoner down stairs; I told her I was an officer, that Mr. Brooks had been robbed of a large sum of money at various times—I asked her if she knew anything about it—she said, "No"—I "asked her if she had given her mother any money to go to market; she said she had given her 5d.—I asked if she had any money about her, she said, "No"—I said I must search the premises—search her place—she then said, "01 have the money about me"—she then unbuttoned the front of her dress, and took these seven shillings in this paper bag from under her left arm—Mr. Brooks's assistant was there—Mr. Brooks was down stairs with the prisoner's mother—then went down into the parlour to Mr. Brooks—I took the prisoner with me—I told him I had found seven shillings—he said, "This is a very serious job, I have lost between 20l. and 30l."—the prisoner said, "I am very sorry for it; but I have not taken the whole, I have not taken more than 5l."—she said, "I am very willing to make you any recompence, if you say you have lost 20l.; I shall be very willing to give you 20l."—I then took her to the station.
COURT to Mr. BROOKS. Q. How long have you been acquainted with the prisoner and her husband? A. Since 1851; they had lodged with me since May last—we were merely on friendly terms, as between a landlord and lodgers—sometimes I did not see them for a week—Mr. Freeman had a key of the shop—sometimes if he were detained late at business, he would let himself in—she never went out in the evening.
NOT GUILTY .
MR. HUDDLESTON offered no evidence.
NOT GUILTY .
MR. GIBBS conducted the Prosecution.
JULIEN JANKOOSKY (through an Interpreter), I am a native of Poland; I live at No. 12, Featherstone-buildings. I arrived in London from Paris on 1st Sept.—I saw the prisoners three or four days after my arrival in London, at an hotel, No. 23, opposite the Post-office, where I was then living—they spoke first to me, and asked me what I was doing—I told them—I am not certain which spoke—they both spoke; they said that they knew Mr. Nicoll, that they were intimate with him; they did business with him, and they could do business to the amount of 10,000 or 20,000 francs a week or a month, I am not certain which—they asked me about my power to manufacture certain articles—that was embroidery, to embroider shirt fronts and different articles, and particularly embroidering gold for uniforms—they spoke both, but it was particularly the male prisoner—I told them I could reply to that request, that I could do them; not yet, but perhaps in a little time after—I told them I could embroider the shirt fronts directly, but the gold embroidery in a little time—I said we could do business together first to a small amount, till we saw how we got on, and then to a larger amount—they gave their address in Oxenden-street—I do not recollect the number—they ordered a piece of cam.
bric and six shirt fronts—I took the piece of cambric, and the day after I took six embroidered shirt fronts—I took them at the request of both the prisoners—I took them on the 5th or 6th Sept.—I removed from the hotel to my present residence in Featherstone-buildings about the 8th or 9th Sept.—the order the prisoners gave for the piece of cambric and six embroidered shirt fronts was the fair value of 5l. 18d.—three or four days after I delivered the goods in Oxenden-street, I called for the money there—I saw both the prisoners—I asked them if they had sold the goods to Mr. Nicoll—they said yes, and Mr. Nicoll was in Dublin—they stated that on all the four occasions when I called—I got the same reply—they said Mr. Nicoll would return from Dublin on Saturday, and he would pay them—on the third time one of them produced this paper—I am not certain which, but they were both together—they said the paper came from Mr. Nicoll, and they produced this envelope—I know how to read English, but do not understand it—I can read English writing, but I cannot translate—they said the letter came from Mr. Nicoll, that he said in the letter that he would arrive on Saturday, and he would pay them—the man prisoner showed me the letter in his hand, but knowing it was English I did not read it—I went on 16th Sept., the last time, for my money—I saw a cab at the door—I saw them put many things in it in order to move—I spoke to both of them—first of all I asked them for the money—I told them I had doubts, and from seeing the cab I thought they were moving—I asked them if they were moving—they said, "Yes, to Berners-street"—they gave me a paper with something written on it—they said it was the new address where they were moving to—the prisoners went away, first walking—the cab followed them, and I followed the cab—it went towards Oxford-street—I got the assistance of King, the police officer—we went to the Euston-square station—after we bad been there some time, the cab arrived first, and the prisoners arrived afterwards—I gave them in charge to the officer, and went the next day before the Magistrate at Guildhall—I would not have trusted the goods to the prisoners without the representation that they made that they were intimate with Mr. Nicoll, and did business with him.
Cross-examined by MR. COOPER. Q. Had you known this man before? A. No; I know Mr. Wokleby, he is my partner—I know that he is not a friend of the prisoners—I beard him speak of the prisoners after they came to the hotel, and before I took the goods to their house—when I went to the prisoners' house, Mr. Wokleby was always with me—when I went to the house on the 16th, when the cab was there, I asked for my money—the prisoner said, "Take patience; Monsieur will arrive on Saturday, then he will pay me, and I will pay you"—he did not say, "Or return the goods"—he said he had sold the goods—I did not offer to go no further if the money was paid—he has presented that to me, but I would not accept it—'after he was in custody, Mr. Ribot, who represented himself a wine merchant, called on me, and said be would pay the money and the expenses if I would not prosecute.
COURT. Q. Do you know Mr. Nicoll? A. Yes, Mr. Nicoll in Regent-street, by reputation—I know he buys and sells a great deal of embroidery goods—I do not know Mr. Nicoll, the tailor—I know the one in whose window are shirt fronts.
CHARLES ROGERS HOOPER . I am foreman in the employ of Mr. Benjamin Nicoll, in Regent-circus. We deal in shirt fronts, and cambric, and embroidery—we are accustomed to buy these articles from the French manufacturers—the embroidered shirt fronts are such articles as we buy—I am the buyer—I have no knowledge at all of the prisoners—if they had been intimate with
Mr. Nicoll, and done business with him within the last four or five years, I should have known it—this letter did not come from our house—neither of the prisoners sold to our house any cambric, or six embroidered shirt fronts within the last six months, and never anything to my knowledge—they did not sell any portion of these six embroidered shirt fronts—Mr. Nicoll was not in Dublin on 17th Sept.
Cross-examined. Q. Has your house an establishment in Dublin? A. No—my employer is Mr. Nicoll, of Recent-circus—the Mr. Nicoll in Regent-street is a brother of my master's—I believe the other Mr. Nicoll does not do business in shirt fronts and buy them, because we have orders from them—the cambric is used for handkerchiefs as well as fronts—I am always in the shop—I very seldom am missing a day—I do not go into the country to purchase goods—I may leave the shop for a day—I am absent from the shop during the day—when I am absent no one buys—if any one called to sell, they would say, "call on Saturday"—they would not look at the goods at all if the buyer were absent—I have not seen the Mr. Nicoll in Regent-street lately—I do not know that there is a Mr. Brown from Mr. Nicoll's—there are very few Mr. Nicolls whose name is spelt in the same way as my employer—all our circulars are "Regent-circus," not "street."
MR. GIBBS. Q. There is only a door or two between the circus and the street, is there? A. Regent-circus is Regent-street—there is no No. 42, Regent-street—the numbers continue from the circus to the street—I do not travel for the house—I may be out in the City to buy, but only for a few hours.
CHARLES KING (police sergeant, C 39). On 16th Sept. I saw the prosecutor—I went with him to the Euston-square station—he gave the prisoners in charge for obtaining goods under false 'pretences to the amount of 5l. 18d.—I took this letter from the place where the prisoners were then lodging, at a coffee shop, opposite the Camden-town luggage station.
Cross-examined. Q. You found in their possession, altogether, goods to the amount of more than 100l.? A. They were not worth half that; they were household goods, and there was wine amounting to 7l.
COURT to MR. HOOPER. Q. How long have you been with Mr. Nicoll? A. Between four and five years; the other Mr. Nicoll sells more hosiery and cravats than shirts—I think there are very few shirts in their window.
MR. COOPER called PETER RIBOT. I live in Brompton-road, and am a wine merchant. I have known the prisoner, Bogard, about ten years—I never heard anything against him—he has dealt with me, and always been honest; he is well known in London—I know a friend of his, Mr. Morell, in Berners-street.
Cross-examined by MR. GIBBS. Q. Was it you who took the message to the prosecutor, after this person had been before the Magistrate, that he would pay all the money and the expenses, if he would not prosecute? A. No; I said I would pay the 5l. 18d. and the costs, if he would let him go—Bogard wrote to me—I took somebody with me, and went to the prosecutor—I said, "You arrested Bogard?"—he said, "Yes"—I said, "For how much?"—he said, "5l. 18d., and 3l. expenses "—I said, "I shall pay you;" he said, "Very well"—I made an appointment to come and pay at half past 10 o'clock the next day—I came, and he took the money—the receipt was signed—the policeman was coming; I showed him the receipt—he said the matter was gone too far, and I took my money back again and put it in my purse.
MR. COOPER. Q. You went to pay this money out of respect for Bogard? A. Yes; because I felt sure I should be paid again.
(Augustus Reinshaw, an agent, gave the prisoners a good character,)
COURT to JULIEN JANKOOSKY. Q. After you first saw the prisoners, and before you took the goods to Ox en den-street, did you make any inquiries? A. No; a Mr. Astier, a Flemish gentleman, spoke to me about the prisoners the day before they came to me—Mr. Astier is not a friend of mine—he saw I was a foreigner; he spoke to me.
BOGARD— GUILTY . Aged 42.— Confined Two Months.
CLARA— NOT GUILTY .
THIRD COURT.—Friday, October 28th, 1853.
PRESENT—Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Eighth Jury.
MR. BODKIN conducted the Prosecution.
MOSES LAZARUS . I am a grocer, and am a member of the Working Man's Equitable Building Society, of which the prisoner was secretary; our meetings were held every Wednesday evening at No. 71, Old-street, St. Luke's, for the purpose of receiving the contributions of the members. On 22nd June, I was indebted to the society 15l. for my rent, and the prisoner called on me in the middle of the day, and said that my rent had become due that day, and he should be very thankful if I would let him have it, and accordingly I gave him a check, and he signed my books (produced)—each of these three books refers to 5l.; they are books furnished by the society—he said my rent was due, and said how much was due, 15l.—it was due to the society—I considered when I paid him that he had authority to receive it.
JOHN MURRAY . I am a licensed victualler, of Old-street, St. Luke's. I know the prisoner—I gave him cash for a check for 15l., which I paid into my banker's—I cannot say whether this (produced) is the check, or when I cashed it.
FREDERICK HART . I am one of the trustees of this Building Society. The prisoner has not accounted to me for this 15l.—I was not on duty at the time: nor has he accounted to the society to my knowledge.
Cross-examined by MR. BALLANTINE. Q. Nor for any part of it? A. I am given to understand not.
Cross-examined. Q. Is there any trustee here to whom he might have accounted? A. They are all here.
(The COURT considered that no false pretence had been made by the prisoner, but that he merely requested payment of the rent, and may have intended to make it good to the society.)
NOT GUILTY .
OLD COURT.—Saturday, October 29th, 1853.
Before Mr. Justice Cresswell and the Second Jury,
(MR. CLARKSON, for the prisoner, expressed his contrition for the offence he had committed. The ATTORNEY-GENERAL, for the prosecution, did not press for punishment, the prisoner having retracted in writing the calumnies he had published,— To enter into his own Recognizance in 1,000l. to appear and receive Judgment when called upon,)
(MR. RYLAND, for the prosecution, stated that, having read the depositions in this case, he was of opinion that no criminal responsibility could be said to rest upon the prisoner, and therefore, with the sanction of the Court, he was prepared to offer no evidence.
MR. JUSTICE CRESSWELL expressing his entire concurrence, the jury found a verdict of
NOT GUILTY .
(An Acquittal was also taken upon three other Inquisitions, the deaths having resulted from the same accident,)
1115. RICHARD PARDENTON and JOSEPH WOODS were indicted for unlawfully and negligently driving a certain railway engine, in an incautious, careless, and negligent manner, and without regarding a certain signal of danger, in consequence of which they drove against a certain obstruction, whereby the life and limbs of divers persons were greatly endangered.—Three other COUNTS, varying the manner of stating the charge.
MR. SERJEANT WILKINS and MR. PARRY appeared for the prisoners,
(From MR. CHAMBERS' opening, it appeared that the prisoners were the engine driver and fireman of an express train on the Great Northern Railway, and that, through their omission to notice a signal of danger, a serious accident had occurred. The indictment was founded upon 13th and 15th sec. of and 4 Vic, c, 97; and it was a question for the learned Judges whether the facts came within those sections, or whether they amounted to an offence at common law, A difficulty occurred on the three first counts, founded on the 13th section, as to the jurisdiction of this Court; it being directed that, upon the Magistrate declining to act summarily, the complaint should be removed to the Quarter Sessions; and upon inquiry, it had been ascertained that the Central Criminal Court did not, as had been at first supposed, possess that jurisdiction. Upon the 4th Count (founded on 15th section), the question arose whether the omission to see the signal was such a wilful act on the part of the prisoners as to bring them within the meaning of that section, MR. JUSTICE CRESSWELL was clearly of opinion that the first three counts disclosed no offence at common law of which this Court could take cognizance; he had certainly supposed that this Court had the jurisdiction of a Court of Quarter Sessions, but it appeared that was not the case, and that the Middlesex Sessions stood in that position. With respect to the true construction of 13th section, it would be well that it should be ascertained whether the omission to see a signal, or, in other words, to keep a good look-out,
came within that section, because, if it did, it would be an offence upon any part of the journey, whether an accident occurred in consequence of it or not. Upon that point he offered no opinion. As to the 4th count, he considered that the omission to see a signal did not come within the meaning of 15th section. MR. JUSTICE WILLIAMS was of the same opinion.—The three first counts were directed to be quashed, and on the 4th count the JURY found the prisoners
NOT GUILTY .)
(The prisoners had the evidence explained to them by an interpreter.)
MESSRS. BODKIN and CLERK conducted the Prosecution,
THOMAS GOLDS WORTHY . I was a seaman on board the Queen of the Teign; I shipped at Sunderland. At Singapore there were a number of Lascars shipped on board—the two prisoners were part of the Lascar crew—I think there were sixteen or seventeen Lascars on board altogether when we left Singapore, and there were nine English on board—I recollect the evening of 22nd July very well—we were then out in the open sea—the captain's watch terminated at 12 o'clock at midnight—the mate's watch began at 12 o'clock—William Treat was the mate—I was in his watch—Robert Mills was also In that watch—there were three Englishmen altogether, and five Lascars—Ahalt was one that was in that watch—a man that we called the tindal was another; Awang, and Lartan, and Hamet; they were the five Lascars—during the commencement of the mate's watch I was at the wheel—while I was there my attention was attracted by something on deck; I did not know what it was—I saw the blacks going about the deck to and fro, and looking under the boat—I did not hear anything said that attracted my attention—the first thing I observed was two of the Lascars, the tindal, and a man called Awang, came up and attacked me and the mate—I had not observed that anything had passed between the tindal and the mate, or Awang and the mate, before they attacked him—I had not said or done anything to the tindal or Awang—at the time that the tindal and Awang made the attack I did not see either of the prisoners—the tindal and Awang attacked me and the mate with daggers, or Malay kreeses—after I was attacked in this manner, I ran into the cabin and gave the alarm—these are the sort of daggers I saw that night (produced)—I never saw the Lascars wear these upon them till that night—when I went into the cabin and gave the alarm, the captain came on deck—I did not come with him; I ran into the steerage, and gave the alarm there; I rattled the door, and sung out for the Englishmen; I sung out, u Murder!"—the Englishmen came on deck; they were up before me—when I came on deck I saw there was a great deal of fighting going on—the men were attacking the mate—the mate was very nearly killed—the tindal and Awang were two that were fighting with the mate—I did my best towards it; I lent a band to knock them down; if I had not done it you would not see me here now—when I came on deck, the captain, and Northalt, and the mate, and the second mate, Cummings, were being attacked by the Lascars—I am sure I could not mention the names of the persons who attacked them; they were the blacks—I saw they had kreeses and iron bars in their hands—I did not see either of the prisoners at that time—I was armed with cutlasses when I came up again on deck—four of the Lascars were killed that night, and Cree jumped overboard—the tindal was one that was killed, and Awang, Draman, and Seden—none of them were any of my watch that night, but the tindal and Awang—after I came on deck and
cut down some of these men with the cutlass, the Lascars ran forward, and went down into the forecastle—the Lascars were afterwards lashed to the rigging—I believe all were lashed except the boatswain, and the steward, and a Chinaman—the two prisoners were part of those who were lashed—they were kept in that state till we got to Gibraltar—I did not see either of the prisoners do anything on the night of 22nd July—they had done all their deeds before I came on deck.
Cross-examined by MR. SLEIGH. There were sixteen Lascars shipped at Singapore. Do you mean that those sixteen persons all spoke the same language? A. I cannot tell you that; they were persons that belonged to different parts of the country—these men were lashed to the rigging, and they were kept there exposed to the weather till we got to Gibraltar.
WILLIAM BURFORD TREAT . I was chief mate on board the Queen of the Teign. I believe we shipped fifteen Lascars at Singapore, and one Chinaman, and we had nine English—on the night of 22nd July I was at my watch from 12 till 4 o'clock—the captain's watch had turned in—about 1 o'clock I was sitting abreast the wheel aft, on the starboard side—in the course of my watch I had not observed anything unusual—there were men there who were not on the watch—it was unusual for men who are not on the watch to remain on deck—I saw two or three of the watch below, on deck—men who ought to have been in bed—they were moving about—I saw nothing particular done by either of them before the attack was made on myself—the prisoner Ahalt was on my watch—he was one who was on deck, I could not swear to the other prisoner being there—I first heard Goldswortby call to me, "Look out, sir, there are some men coming here!"—I looked, and saw Cree coming on one side of me, and the tindal on the other side—the tindal had a kreese in his hand—I could see it—Cree came aft, and when he came abreast of me he raised an iron bar which he had with both his hands, and made a blow at me—I jumped up, and received the blow on my back—I think it took me on the loins—I jumped inside the man's arms and took him by the shirt—I carried him off the poop, which is about three feet high, and threw him down on deck—while I was struggling with John Cree, trying to get the bar away from him, Awang came up; he made a blow with a kreese, which went through my coat and waistcoat, but did not touch the skin—it was a stab—he made a second attempt, a second stab; I saw it coming—I let go John Cree, and received the blow of the kreese on my arm—I seized Awang's hand with my left hand, and held him, and while I was holding him, the tindal stabbed me several times—the stab once entered my belly, and five or six other Lascars were on me at the same time with knives and bars—as near as I can recollect, as I was in such a state of excitement, the captain was the first man who came to my assistance—he took the kreese out of Awang's hand—he took the blade out of the handle—I received three blows in the body, one in the arm, and several in the back—the wound in the back is quite well; the one in the belly is very dangerous—I have an abscess now in my back—I became disabled; I was carried below, and laid, I think, a fortnight; I could not get out of bed at all—I think the captain did not assist me down; I was in that state, almost fainting, that I hardly knew who was there—the first thing I saw was the Sevang's wife; she brought me to—I think she had been using brandy—I had fainted; I could not tell whether the fighting continued after I was below—I know Ahalt was in my watch that night—I did not see him near me at the time I was being attacked.
Cross-examined. Q. After you left Singapore, and previous to this unfortunate occurrence, had there not been a serious altercation between the boat-swain's
mate and several of the Lascar crew? A. I believe there had, Sir between the serang and the tindal—the serang was a black—I never knew that part of the Lascars took the part of the serang, and the Others took the part of the other side—they appeared to be very comfortable in general.
MR. BODKIN. Q. Had the English party anything to do with it? A. No; it was amongst the Lascars in their own language—it was all talk.
ROBERT MILLS . I was a seaman, on board the Queen of the Teign. I was in the mate's watch on 22nd July last—I remember two bells striking; that was 1 o'clock—Goldsworthy was at the wheel at that time—I observed the Lascars, who were on the watch on deck—just before the two bells struck, 1 saw Kishner on deck; he was not on the watch—he went to the cask to get some water—about half an hour after, I was sitting down with my hands in my pockets between the winch and the 'midships, near the long boat, and a man knocked me down with an iron bar; that was the first thing I noticed—the man who knocked me down was Seden—he was not on the watch, he was the cook of the Lascars—it was not usual for him to be on deck at that time—he had a right to be below, from 8 o'clock at night till 4 o'clock in the morning—I got up, and be knocked me down again; he knocked me down three times, and when I got up the third time, Alie stabbed me in the jacket with a knife—it did not touch my flesh—I saw a knife in his hand—I do not know what became of it, but I know he had a sheath knife in his hand—I grabbed a piece of wood out of the long boat to defend myself—I made the best of my way aft—there were five after me, and they had iron bars and sticks in their hands—I could not recognise any of them, only the two that strnck me first; they were Seden and Alie—when I got to the back of the poop, a man shoved me down against the rail; that was Ahalt—he jumped off the poop, and got hold of the stick that I bad in my right hand—I hauled it away from him—he let go, and I fell on my back against the topsail brace, and he stabbed me in my left foot with a knife; he gave me three stabs in my left foot, when I had my back against the brace—at that time the chief mate was on the starboard side, and some of the Lascars were round him—at the time Ahalt stabbed me in the foot, there were no other Lascars round me; the others bad left me just between the poop and the mainmast—I should say it was half a minute from the time that Alie cut my jacket with the knife, till Ahalt stabbed me in the foot—Alie was not on my watch; he had been on the watch up to 12 o'clock, the first watch—he belonged to the captain' watch—I do not know where Alie was at the time that Ahalt stabbed me in the foot—the mate was on the starboard side; I was on the larboard side, on my back, on the poop against the topsail brace, when I was stabbed—when I got up again from the poop, I jumped down in the cabin—as I was going down in the cabin, the captain was coming up—I did not see the second mate till they were all lashed.
Cross-examined. Q. This 1 o'clock was in the night? A. Yes; about half past 1 o'clock—it was not blowing hard; it was a very light wind—we had no light on board, except that in the binnacle—at the time of the commencement of this violence on me, I was sitting between the winch and the 'midships, just astern the long boat—I did not see Treat, the mate, at that time—the poop was three feet or two feet and a half above the deck.
WILLIAM TAPLING STOOKE . I was master of the Teign. I am related to the owners—I had a general cargo on board, chiefly consisting of sugar and pepper—I shipped sixteen Lascars at Singapore—on the night this occurred, my watch had turned in at 12 o'clock; I generally turn in a little before 12 o'clock—I was disturbed about half past 1 o'clock—I went on
deck, and saw the chief mate and the Lascars straggling—there were about four or five Lascars, as well at I could see; it was moonlight, but cloudy and dark at times—one of the Lascars, who was engaged with the mate, had a kreese in his hand—I could not see whether the others had any weapons—the mate appeared to be wounded; he was crying out, saying he was stabbed to the heart—he was leaning against the side of the vessel—I interfered—I seized the kreese in the Lascar's hand, and drew the blade out of the handle—the mate was carried below—I saw his wounds afterwards, and dressed them—he was seriously hurt, so much so, that I thought he would have died—Awang was one of the men that were about, the one I took the kreese from; I could not swear to any of the others—I did not notice either of the prisoners that night—I should say I continued on deck about ten minutes—I then went below to dress the mate's wounds—I returned to the deck in about ten minutes; there was no fighting going on then, it was all over—while I was down, dressing the mate's wounds, I heard the noise of scuffling and fighting going on, and when I came up I found four of these men lying dead.
Q. Did you at any time have any conversation with either of these men as to what caused this? A. Yes; Ahalt told me without my asking him—I could not say when, but be told me repeatedly at different times that they intended to murder the English, to take the ship, and take her to California, and that David Fair fold was going to navigate the ship—Fairfold was one of my crew—I had occasion to disrate Fairfold during the voyage, sometime previous to this—he had been an able seamen, and I bad sent him forward—he messed by himself, but I sent him forward with the Lascars—he slept in the same part of the ship with the Lascars by way of punishment—at the time there was this disturbance on deck, and there was an alarm, which caused the English sailors to come on deck to render assistance, Fairfold did not come, with them; he remained below till it was all over—I did not notice the prisoners do anything in the course of that night—I cannot say that they were on deck.
Cross-examined. Q. I believe some of the Lascars were men of very bad character? A. I heard so—I did not know before that one of them had been engaged in a mutiny on board another vessel—I believe the tindal attempted to murder the Sevang's wife during the voyage, on board the vessel.
Q. You had conversation with Ahalt; through what medium was it? A. I speak their language a little myself, and be speaks broken English—he did not say that that portion of the crew who were killed or thrown over-hoard had that mutinous and piratical design, and he himself had not—I do not perfectly understand Malay.
ADAM CUMMINGS . I was second mate on board the Queen of the Teign. I was in the captain's watch, and was below when this disturbance began—I came up on deck in consequence of being alarmed—as I was going up, I got a blow on my head with a stick, or bar of iron, I could not say which—it was Alie that struck me—when I got on deck, I saw the mate and three of the Lascars struggling together—when Alie struck me, he was sixteen or twenty feet from where the mate and the other Lascars were—I did not see Mills or Ahalt.
(The Captain stated, that during the voyage he had had the means of observing the general conduct of the prisoners, and they were well conducted, quiet, offensive men.)
ALIE— GUILTY . Aged 24.
AHALT— GUILTY . Aged 39. Recommended to mercy by the Jury, on the supposition of their ignorance of the value of life.— Transported for Fifteen Years.
Before Mr. Common Serjeant.
ELIZA WATSON . I am the wife of William Watson; we lire at Ilford, On the afternoon of 20th May, I went to a field where I had a cow—I drove the cow home, and milked it—I had a pony in that field—I left the gate open, and about a quarter of an hour after I saw the pony in the road—I went afterwards to look for the pony, but could not find it—I saw it next day, about 1 o'clock, at the Red Lion stables, at Ilford—the policeman came and told me—it was mine—it was worth between 8l. and 9l.
JOHN HOCKING (policeman, K 65). I was on duty in Barking-lane on the evening of 20th May—I saw the prisoner riding a pony with this bit of cord tied to its mouth, which drew my attention—I asked him how far he was going—he said, "That is my business, not yours"—I asked him whose pony it was—he said, "It is my pony, and d—d well I know it, for I gave 7l. for it"—I took him into custody, and the next day I told the last witness—she went to the Red Lion, and saw the pony, and claimed it.
Cross-examined by MR. GIFFARD. Q. How was it the prisoner was not tried before? A. He was up here, but it appeared he was insane—I heard that he had escaped from a lunatic asylum—I was not in Court when he was called on to be arraigned. (See page 239).
NOT GUILTY .
Before Mr. Common Serjeant.
MR. GIFFARD conducted the Prosecution.
HANNAH COLE . I am the wife of Mr. Thomas Cole. In Dec. last, a club called the "Slate Club" was instituted for the purpose of providing funds for sick persons—my husband was appointed treasurer of it, and the prisoner secretary—the quarterly payment to him in respect of his secretary-ship would be 10d. 6d.—on 5th Jan., he brought me this paper (read—"Jan. 5, 1853. Sir, pay Mr. Tookey the sum of 10d. 6d. on account of the Slate Club. James Howe and Rt. Penny, Stewards;" on the back of which was written, "Jan. 5, 1853. Received of Mr. Thomas Cole 10d. 6d" being a quarter's salary for the Slate Club. William Tookey ")—that on the back was already written when he brought it—I paid him the 10d. 6d.—he came to me three times with those papers, and I paid him the same up to Midsummer—there were thirty or forty members at the commencement, each of whom was to pay the prisoner quarterly at the rate of 1d. a week, but some did not pay up, and were thrust from the books, so that there was not more than 105. 6d. quarterly due to the prisoner—at Midsummer there could not be more than 21d. due to him—it might be less, but it could not be more—he continued living at Greenwich up to 5th Sept., and then left, in consequence of which inquiry was made—the stewards looked over the papers, and these were found among them.
Prisoner. Q. Should you have paid me if those names bad not been on the paper? A. I should—immediately I paid it it was entered in the books among other articles of expenditure.
JAMES HOWE . I am one of the persons authorized to give orders for the payment of money on this Society—I am steward—orders require the signature of my fellow steward as well—this order is not my writing, neither did I see it till after the prisoner had absconded—I did not authorize the prisoner to sign it.
Prisoner. Q. Did not I, on 5th Jan., in consequence of my ill health, ask you to allow me a quarter's salary in advance? A. No, nor did I reply that the money was lying idle, and that you might as well have it then as at any other time.
Prisoner's Defence, I asked him if—he would allow me my quarter's salary in advance; he said, "Yes," positively, and I entered it on the books for their inspection; there was no fraud on my part; the mistress would have paid me equally as well without the signature as with, but there were new hands in the house, and I merely put the names there that they might know who the stewards were, and refer to them to ask them any question; I keep a marine storeshop, and have been rewarded by the Lords of the Admiralty three times, in five years, for stopping stolen property; I am in the last stage of consumption, and have eight children entirely depending upon me; up to the time I was given into custody I had only received three quarter's salary, and I was entitled to three quarter's salary from the middle of Dec. to the middle of Sept. (The prisoner received a good character?)
GUILTY .—Strongly recommended to mercy by the Jury.— Confined Six Months.
GUILTY . Aged 38.— Confined Three Months.
FREDERICK AUGUSTUS DAY . I keep a beershop, in Francis-road, Plum-stead-common. The prisoner came there last Tuesday three weeks, in the morning—he said he was a gentleman, and had a crossed check in his pocket—he asked me if I would allow him to have eatables and drinkables till the Friday, when he would change the check, and pay me my demands—I believed him, and let him have bread, meat, tea, ale, and lodging, from Tuesday till Friday; it amounted to 1l.—on the Friday I asked him for the money; he said, "You need not doubt my word, here is the check," and showed it to me, but kept it in his hand—he said he was going to London to get it cashed—he said it was for 25l.—I saw enough of it to know it again; it was an old bill of exchange—I told him I doubted it—he said if I doubted it he would give me an I O U, but I did not like that any better, and went and asked advice of a Magistrate, who sent a constable to take him into custody.
Prisoner. Q. What time did I come to your house? A. I cannot exactly tell, but about 8 o'clock in the morning, or it might be before—you-never showed me the check till the Friday—you did not, in my presence, say to
one of Moore's draymen, when I was having beer in, that you had one of Mr. Moore's old checks in your pocket, and pull it out—I deny seeing any thing of the check till the Friday morning—I know this paper (produced by the prisoner)—it is a list of what you had of me—I charge you 2d. here for two night's lodging; you had a room to yourself and a good feather bed—Mrs. Day is not here, she was not subpoenaed.
Prisoner. I went to Woolwich with him to see a dog cart started; I bad two glasses of ale with him, and he charged me 2d. for it in the bill.
JOSEPH GALE (policeman). I took the prisoner on 7th Oct.—I told bin he was charged with obtaining things under false pretences, and he must come to the station with me—he said he did not care for that, as it was not the first time he had been before a Magistrate—I searched him at the station, and found this old bill of exchange, which is exhausted, and several papers.
Prisoner's Defence. I am put on my trial without having any one to defend me, through the stopping of my letters by the governor of Newgate; I have had a very respectable position in life; I kept the City farm house, and have farmed twenty-one parishes of the City poor, from 1826 to the passing of the New Poor Law; I had Mrs. Akers, an excise officer's wife, to take charge of; she was a little bit deranged, and not so sharp as she should be; when persons came to my house they never left it till it pleased God to take them; I had three servants, who lived with me upwards of 100 yean, putting all their years together, and I have accumulated sufficient property to live independent, but unfortunately I was persuaded to go into the country by a doctor here, and his prescriptions; I went to Lancaster to take my native air, but nobody cared about me there; I had a brother-in-law at Plumstead, and I went down there; his house was very small, and I could not see my two nieces take the bed from the bedstead and lay on the ground for the accommodation of their old uncle, so I went and took a small place myself; my landlord lives at No. 2, Pinner's-hall, Broad-street; I had every wish to pay Mr. Day, honest, true, and faithful; his wife and he had a few words respecting his going to London with me to fetch my phaeton and horse; she said he should not go; he said he should; I said I was very sorry, Mr. Day should not go with me, and then he said to me, "You shall not go yourself;" I went to my brother-in-law's to get shaved, and Mr. Day placed five extra men round the house for fear I should run away; I have been committed to Maidstone for a week, but I was very well treated there, and when I came out I went before the Magistrate again; the under governor, Mr. Ellis, came and brought me some very nice steak, which cheered me up, and then I came here. Gentlemen, I put myself in your hands; it is for you to say if I have not had enough punishment by Mr. Day's swagging my ale and baccee; I have been summoned several times on the Grand and Petit Juries, both here and at Hicks's-hall, and if my Lord will postpone the case I will spend 1,000l. rather than I would not beat such a thing as that (Mr. Day), though he is such a big lump; I have been deprived of a defence, even though those gentlemen (the Counsel) actually sit here for the purpose; I can afford to pay Mr. Day or any other person to the tune of 20,000l.
GUILTY . Aged 66.— Confined Eighteen Months.
(John Owen, policeman, stated that he had been convicted in Sept., 1852, of obtaining goods by false pretences to the amount of 58l.10d. 4d., and was sentenced to twelve months imprisonment.)
MESSRS. BODKIN and POLAND conducted the Prosecution.
SARAH BURROUGHS . My father is a grocer, in Henry-street, Woolwich. On 12th Sept., about 9 o'clock in the evening, the prisoner Jackson came and wanted one ounce of tea and half a pound of loaf sugar—I served her, and she gave me a shilling—I saw it was bad, and I said, "This is a bad shilling"—she said she was very sorry, that she had taken it for needlework, in Shoreditch, and she would-change it the next day—I bent it, and returned it to her—she gave me a good shilling, and I gave her a sixpence in change—she left, and crossed the road, and joined the male prisoner—I saw him waiting for her, and she went and joined him—they went on down Henry-street, which leads to Sandwell-street—I put on my bonnet, and followed them—they went on to Mr. Leeder's; they both went in there—I waited till they came out, and I went in and made a communication—the officer was called, and the prisoners were taken into custody.
Bailey. Q. What did you do with the shilling that you say my wife gave you? A. I bent it, and returned it to her.
MR. BODKIN. Q. Did you examine it? A. Yes, and it bent easily—I am in the habit of taking silver, and am a pretty good judge of it—I bent it so that it could not have passed again—she did not complain of that, nor did she deny that it was bad, but she said she was very sorry.
MARTHA LEEDER . I am the wife of Thomas Leeder; we keep a cook's shop, in Bowling-green-row, Woolwich. On 12th Sept., the two prisoners came into my shop together, about 10 o'clock at night—the man asked for six ounces of pork, which came to 6d.—before I cut it, he asked for a bottle of ginger beer—I served him that, and afterwards cut the pork—he gave me shilling—I was to take 8d.—I gave him a 3d. piece and a penny—the prisoners went away, and the last witness came in; she said something to me, and in consequence of what she said I looked at the shilling which the man had given me—I found it was bad—I had dropped it into the till—the till was locked—when the witness came in I unlocked the till and took the shilling out—there was but that shilling in—I marked it, and gave it to the officer—I had emptied the till just before, and left only some 3d. pieces in it Bailey, Q., Did not you say that you did not know that you could give change, for you had taken nothing but shillings? A. No, I did not.
DANIEL MOTNAHAN (police-sergeant, R 14). On the night of 12th Sept., I went to the shop of the last witness—I received from her this bad shilling—the prisoners were not there—they were pointed out to me afterwards—they were together—I followed them to Church-street, Woolwich—I there took them into custody—I said they were charged with uttering a counterfeit shilling at the shop of Mrs. Leeder—the man said he did not know anything about it—the woman made no reply—I took them to the Globe public-house—I searched the man, and found on him 1s. 3d. in good silver, and 4d. in copper—the female prisoner was taken to the station, and the female searcher produced Is. 8d. in silver, and 4d. in copper—I asked their address—the female prisoner gave her address; the man refused.
Bailey's Defence. I can prove that the shilling my wife offered was good, for she threw it away, and she told me where, and I went and found it, and
in the morning I found it in my pocket; when I went to Maidstone I asked the policeman if I could have something to eat; he said, "Yes;" I gave him that same shilling, and he got some bread and cheese for us; both the police, men who drove the van to Maidstone could prove that; if they were sent for I have not the least doubt that they would speak the truth.
BAILEY— GUILTY . Aged 31.— Confined Twelve Months.
JACKSON— GUILTY . Aged 24.— Confined Six Months.
Before Mr. Justice Cresswell.
MR. RYLAND conducted the Prosecution.
MARY LONG . On 16th Sept., I was living as housemaid in the service of Mr. Trood, of Tulse-hill—the prisoner was cook there—she came on 22nd Aug.; I was her bedfellow—before 16th Sept., I and my fellow servants thought she was in the family way—I had not said anything to her on the subject—on Friday evening, 16th Sept., she complained of the toothache; that was about half past 8 o'clock—she said she was going to bed, and I said, "So do," and she went—two other servants slept in the same room, in another bed—I and the others went into the room to go to bed at half past 10 o'clock—I asked the prisoner how she was—she said she was still very bad with the toothache, and had a pain in her back—as I was undressing she gave a sudden shriek, and cried out as if she was in great pain—I went to her bedside, she desired me to hold down my head, that she wanted to speak to me—I did so; she took hold of my band and desired me to place it down in the bed; I did so, and felt what I conceived to be the head of an infant—I said, "For God's sake what is it?" and she burst into tears—I said, "We all suspect you are in the family way, is the baby born?" she answered, "Yes; what shall I do?"—I instantly went and communicated what had happened to my mistress—Mr. Finch, the medical man, shortly after came, and I saw him take the child alive from the bed, it was a male child—as far as I could judge, it was a fine healthy child—I attended upon the prisoner and the child from time to time, I fed it that same night; I cannot say whether it swallowed or not—the prisoner had not provided any clothing for the child; some clothes were provided, and it was dressed in shirt, a flannel, a bedgown, cap, and napkin; there were strings to the cap, tied under the chin, I believe there were also strings to the shirt; there were strings to the bedgown round the neck—on Saturday I fed the child again—I did not notice that it swallowed anything then—it had been put to the breast, I did not notice that it drew anything—I saw the child, and looked at it particularly in the course of the Saturday afternoon, and observed a red mark round its neck, such as would be caused by a string or tape—nothing was said to the prisoner about it in my presence—I did not say anything to her about it—Mrs. Smith, the gardener's wife, was there on the Saturday—I was not present when she spoke to the prisoner about it—I last saw the child alive on Sunday morning at half past 7 o'clock, it was then in bed with its mother—it had been in the mother's care during the Saturday night—she was left alone in that room the whole of Saturday night—I went into the room with Mr. Brown, the doctor, about 11 o'clock on Sunday, and we
then discovered that the child was dead—as far as I knew the prisoner was a tingle woman.
Cross-examined by MR. RIBTON. Q. You say there were strings to the bedgown? A. Yes; and to the shirt and petticoat, and tapes to the cap—it was on Saturday afternoon that I perceived the red mark, I cannot say the correct time—I had attempted to give it food before that, I attempted to feed it a few hours after it was born, on the Friday night; I did not notice that it swallowed—I also attempted to feed it on the Saturday morning, that was after I saw the mark—I had not attempted to feed it on the Saturday before I saw the mark—I had not put it to the breast before that—I do not know whether the mother had done it—I first dressed the child—Mrs. Smith dressed it on the Saturday afternoon—the prisoner appeared to treat it kindly as far as I witnessed.
COURT. Q. Were the strings to the bedgown drawn round the neck? A. Yes; they were enclosed in a hem—I cannot say exactly how broad the mark on the neck was, it was not particularly narrow—I noticed that the child had a difficulty in breathing; I first noticed that two or three hours after the birth; after it was dressed I left it with the mother—I was in the room the whole of the Saturday morning—the child's breathing got better as I thought—Mrs. Smith undressed it on the Saturday morning—I did not see it undressed from the time when I dressed it, till after Mrs. Smith had it on the Saturday.
CHARLES DENVER FINCH . I am a surgeon, practising at Tulse-hill. I was sent for to Mr. Trood's on Friday evening, 16th Sept.; I got there about half past 10 or 11 o'clock—I was taken into a bedroom, and there found the prisoner in bed—I was told that a child had been born, and I proceeded in the usual way to make such an examination as would be necessary, and I then found a living child by the side of the mother; it was still attached to the mother by the umbilical cord—I separated it—it was a male child, and to all appearance a full-grown healthy child—it was handed over to the women who were there to tend it—I then left—I went again about 10 o'clock next morning; the child was by the side of the mother—after speaking to the woman, I said, Let me look at the child"—it was removed by the last witness, and I took it into my arms—I then saw what struck me as being something unusual about the child; the face was very much suffused, and bloody froth was oozing from the mouth and nostrils—I said to the prisoner, "What is this about the child? this ought not to be; have you been lying upon it, or smothering it in any way? now you have got the child, you must take care of it, it is no use making bad worse;" or something to that effect—she said something, to show that she denied having done anything to the child—I then left her; I did not see the child again alive—I saw it dead about 2 o'clock on the Sunday afternoon—I should think it had then been dead a few hours—I examined it in the presence of the mother and Mary Long—I observed a mark round the child's neck, as of a cord, or something having been fastened round it, or drawn tightly round it; the mark went almost entirely round the neck; it was more marked in the front—the skin was broken in the front, and slightly on the left side, I think—the abrasion of the skin showed that it had been done with some considerable force—I do not recollect whether the cap was on then—I have seen the cap with the strings attached to it—in my judgment that certainly could not have caused what I observed—I was present when Mr. Brown made the post mortem examination—the principal mark of injury was this mark of a cord encircling the neck—there were two or three little marks, but they might have occurred after death, from the extravasation
of blood, in the usual way—there were internal appearances of Injury, slightly corresponding with the external appearance on the throat—there was a considerable amount of congestion about the lungs—I thought it probable that the child had died from injury received during life—I should think the congestion of the lungs was the cause of death—that was most probably produced from some circumstance applied externally, interfering with the breathing.
COURT. Q. Was there anything to show the application of anything externally to interfere with the breathing, except the mark round the neck? A. No.
Q. Then you think that the interruption of the breathing was caused by that which produced the mark; do you mean that? A. If you ask me if that in my judgment was the only cause of the breathing having been interrupted, I must say no—I do not mean that whatever injury was done by that which caused the mark was not of itself sufficient to cause death—I thought the question put to me was, Was that injury to the neck the sole cause of the congestion of the lungs? or might there have been any other? I think there were some others—my reason for saying so is, that I saw the marks of an interruption of the breathing before the mark of the cord was observed on the neck—my own impression is that there were other causes in existence, probably sufficient, independent of that, to cause death—if I had been called in and knew nothing of the case, except seeing the dead body, and the mark round the neck, I should have thought that the injury that caused that mark was sufficient to cause death—there was no mark there on the Saturday morning—I did not see the child on the Sunday till it was dead—I know there was no mark on the Saturday, because I made an examination to see whether there was such a mark to account for the symptoms which I have already described—if I had found the child's breathing defective on the first night, soon after it was born, I should not have been surprised at the congestion of the lungs, and the consequent death—I observed how the bedgown was tied round its neck; it was tied behind loosely—I think it was possible, accidentally, to draw the bedgown so tight as to produce an injury, that is, to produce an effect; but there was no evidence of its having been drawn so tightly when I noticed this exudation of bloody froth—it is a common thing for children not to breathe freely from their birth; but if a child breathe freely after it is born, congestion does not usually come on, except from some definite cause.
ROBERT BROWN . I am a surgeon. On Saturday, 17th Sept., I was sent for to the house of Mr. Trodd, between 12 and 1 o'clock—I was shown into a bedroom, where I found the prisoner and her child in bed—the prisoner was quite under the clothes, and in a state of great perspiration—I asked her what made her so—she gave me no answer—I asked her if she had been scolded, thinking it might be the effect of agitation—she said, "Yes"—I told her to uncover the child and show it to me—I examined it—it was breathing badly, and it bad bloody froth exuding from its mouth—I told her to give it more air, that she was smothering it—I went again next day, Sunday, between 12 and 1 o'clock—I then found the child dead; it was in bed with the mother—I asked her how long it had been dead—she said about an hour—I had the body removed to another room, and examined it—I observed marks round the neck, particularly in front of the neck—it was rather a broad mark in front, with the skin abraded; the mark was nearly a quarter of an inch broad at the widest part of it—that mark must have been made by something applied tight round the neck—I observed nothing more—I afterwards, in conjunction with Mr. Finch, made a post mortem examination—we opened the body, and found
a good deal of extravasated blood under the skin where we supposed the ligature had been applied, and also some froth within the windpipe; there was also great congestion of the lungs—I did not observe anything else of an unhealthy character—the immediate cause of death was the congestion of the lungs—I attribute that to something which impeded the respiration—the mark round the neck was sufficient to account for the respiration being impeded.
COURT. Q. But you had seen impeded respiration before that? A. Yes; the mark would not account for that—I did not observe the mark then; I cannot undertake to say there was no mark then—I supposed that it was impeded by her having it too close in bed—I do not mean merely by being under the clothes, but by its being pressed upon.
Cross-examined. Q. Is it an uncommon thing for children, at their birth, to suffer from congestion of the lungs? A. It is a common thing for them to breathe imperfectly when they are first born; it is not a common thing for them to suffer from congestion after they have once breathed perfectly, unless there is some cause to produce it—it sometimes happens that children are born with diseased lungs—the injury might have been caused by the child having been lain upon; she might have done it in her sleep—women are generally in a very weak state for tome days after their confinement—they do not sleep particularly heavy after a short labour like hers; after a severe and lengthened labour it is so.
SUSANNAH SMITH . My husband is gardener to Mr. Trood. On Saturday afternoon, 17th Sept, between 3 and 4 o'clock, I went to Mr. Trood's house, and saw the prisoner and the child—I took the child, and washed and dressed it—I observed a blackness round the throat, and corruption about the mouth—I mean blood and matter oozing out of its mouth—it bad its cap on when I took it; the strings were tied very slightly under the throat—I asked the prisoner whether she had been laying on the child; she said, "No"—I said nothing more to her.
Cross-examined. Q. Was that the first time you dressed the child? A. Yes.
NOT GUILTY .
Before Mr. Justice Williams.
MR. ADDISON conducted the Prosecution.
ELIZABETH HIGGS . I am single, and live at 3, Peter-street, Berwick-street. About eleven months ago I had a little boy. I suckled him till Tuesday, 4th Oct., and then put him out to nurse to the prisoner Nash, who I have known, I should think, nearly three years—I knew her by the name of Burch at the time I put the child out to her to nurse—she was then living with the male prisoner—they passed among their neighbours as Mr. and Mrs. Burch—I was to pay her half a crown a week for nursing the child, and I was to find food for it—she was then living with Burch, at 6, Little Dean-street, Soho—the child was with them from the 4th till the 14th, when it died—I was in the habit of seeing it twice or three times a day; sometimes she brought it to me, and sometimes I went there—I last saw it well on Thursday evening, the 13th—the last time I suckled it was Wednesday, Oct. 12th, between 1 and 2 o'clock—I did not hear that anything was the matter with it till Friday morning—about 2 o'clock on Thursday the female prisoner told me that the baby looked pale and faint, and I bought a sole, and desired her to boil it, and give the baby some of the water to drink first,
and then some of the sole—I took the sole myself to Little Dean-street between 6 and 7 in the evening, and saw the child fast asleep, wrapped up in a cloak; I did not disturb it, but returned home—on the following morning Nash came to me at 3, Peter-street,-and said that the baby was dead—I went directly, and saw it at 13, Bond-street, Borough-road, on a bed, in the first floor back room—I observed that it was very much bruised on the forehead; and when the person in the next room was washing it, I observed a bruise on its back and side—it had had no convulsive fits while it was in my care; its health was generally very good.
Burch. Q. Were you not aware that we were going to Bond-street nearly a week before we went? A. Yes; you moved there on Thursday night, the 13th—I was willing that the child should go there with you—it was ill sometimes while it was under my care—I cannot say what was the matter with it, but I had a doctor to it twice—he did not say each time that the child would not live—I do not remember telling the Coroner that the doctor had told me that the child would not live, on the night of the inquest—I do not think I said so; the doctor did not tell me so—I came to see the child at your house every day till the last day, Thursday—I had the child in my possession fur three or four hours of the Saturday afternoon before it died, and the whole of Sunday—previously to the Saturday I had the child home twice or three times of a night on Tuesday, Wednesday, and Thursday, the 4th, 5th, and 6th Oct.—I first observed marks on its side on the Sunday before it died.
Nash. Q. Did not you tell the summoning officer that you could show two letters from two different doctors who said that the child would not live? A. No; I told you I had two letters, one from the Dispensary, and one from the Hospital; and the remark I made was, that perhaps the medicine the child had would show what it died with—I said that on Friday morning, immediately after the child's death—you brought the child to me on the Monday night previous to its death—I did not examine it then—it was in my possession about two hours—I did not suckle it then; I was weaning it—it was brought to me about half past. 9, and remained with me till near midnight—I took it back myself, to 6, Little Dean-street—at the time it came to you it had a snuffling at the nose.
MR. ADDISON. Q. How many times had you a doctor to the child? A. Twice; it had a cold on both occasions—it was at 7 o'clock on Thursday night that I saw the child wrapped up in a cloak, the same night that they removed.
COURT. Q. Did you say that you thought that the child had water on the brain? A. Yes; I cannot state the time—it was after the prisoners had the child—I said so to them—my other children were rather affected in the head, three of them are living, and three died of typhus fever, not of water on the head—I had the child in my possession three or four hours on the Saturday, and during the whole of the Sunday, before it died; I stripped it, and washed it all over on the Sunday; there were no bruises then.
ANN DAKIN . I am the wife of John Dakin, a porter, of 6, Little Dean-street, Soho. The prisoners lived there for one fortnight—they occupied the first floor back room and I the front—the doors of the two rooms were not opposite each other; they opened on to the same landing—I remember the prisoners arriving; it was on Friday, the last day of September—they had no child then that I am aware of—I first heard that there was a child there on Tuesday, 4th Oct.—I heard it cry, and on the Wednesday, about 2 o'clock in the afternoon, it cried heart-rending, and I heard it being beaten at that time—after I had heard it beaten three times within ten minutes, I got up and said at the
door of my room, "For God's take don't beat the baby to"—I heard the voices of both the prisoners in the room—the female prisoner said that they would do as they liked with their own; I had no business to interfere—their door was open, they opened it—I was sitting in my room—the male prisoner came to my door and gave me a great deal of abuse; and in the course of the conversation the female prisoner threatened to break my neck down the stairs if I entered there again—the male prisoner was in his shirt sleeves; he called me a great many names, which I cannot repeat—I told them that if they beat it again I would call a policeman—the male prisoner said I might fetch three—they were in the lodging about nine days after that; they left on the following Friday week—I heard the child cry several times after that, as if it was being beat, and I could hear the blows—this occurred repeatedly, daily—I afterwards saw the child in their arms twice, but not to notice it—I did not think it was so old as eleven months.
Burch. You make a mistake about the child being beaten on the Wednesday, it was Tuesday. Witness. No, it was Wednesday—when you gave me abuse you must of course expect retaliation—of course when you abused me I spoke in return—you passed the baby off as your own, and the female prisoner said she would not rear her child to thieving, as I reared mine.
COURT. Q. You say you heard the child beaten; did the blows sound as if from a closed fist, or from the hand? A. Slaps from the hand on the bottom, open-handed blows.
LYDIA ARMSTRONG . I am the wife of John Armstrong, of 6, Little Dean-street, Soho. We occupy the second floor back—the prisoners were there about a fortnight; they occupied the room under us, the first floor back—they might have had a child with them on the Saturday night—I was not aware when I let them in whether they had one—I first beard the child cry on the Monday, I think; I am not certain—I think there was one child there before the other came; I am not sure—I saw the deceased child twice; the first time was on a Tuesday, the first week they were there—I think the first time I heard the child cry was on Tuesday—I heard nothing else besides crying—I did not hear the child smacked on the Tuesday—on the Wednesday I heard the prisoners beat the child three times in ten minutes—I know it was them because I heard both their voices—I could not hear what was said—the next thing I heard was that Ann Dakin, who lived in the first floor front, interfered—I did not hear either of the prisoners say anything to the child oil that day; but on the Thursday afternoon I heard them beat the child again, and heard Burch call it a little devil—between 11 and 12 o'clock on that Thursday night, as I was lying in bed, I heard some one beat the child in their room, and heard Burch call it a little b——r—on the Friday, between 4 and 5 o'clock in the afternoon, I went down for a pitcher of water, and as I came up stairs I heard the child cry; I listened, and heard them beat the baby—the smacks were flat—I beard the voices of both the prisoners—there is a crack in the wainscoting; I went and looked through, and the child was lying on its belly, by the crack, and the man had hold of it by its arms, by both arms, and he knocked its bead against the wainscoting, eight times: I counted—I heard him say, "No, you little devil, I am d——d if you shall master me"—I heard the woman's voice as well—I went up stairs to my own room then, and the child was crying still—on the Saturday the child was crying, and they were beating it, but I did not hear any voice—the child was there very nearly a fortnight, during which time I heard the child beaten a great many times; I did not count—it was beaten every day—I did not make a complaint to anybody—the child was eleven months old—I did not
interfere through fear; because the person in the front room, Mrs. Dakin interfered, and they threatened to break her neck down stairs—I am quite correct in saying that the child was beaten every day; I heard it—I last heard the child cry on the Thursday as it died on the Friday, and I heard it beaten then—there was a difference in the cries then, it cried very weak, and the cries were muffled, as if somebody put their hands before its mouth, and I heard both their voices then in the room—I saw the child twice alive, and also after it was dead—there was no child but that there at the same time-when I saw the child dead there was a bruise on its cheek.
Burch. Q. What time of day on Wednesday was it that you say you heard me beat the child? A. 1 do not know—it was on the Friday, between 4 and 5 o'clock in the afternoon, that I looked through the chink—the chink is close to the window on the staircase—I could look through without a ladder or a chair; I can touch it with my hand as I walk up stairs—the summoning officer looked through—I did tell the Coroner, at the Inquest, that on the Thursday before the child's death, about I or two o'clock in the afternoon, I distinctly heard you beat the child, but I had forgotten that—I stated to the Coroner that I heard the child beat every day—I mentioned to Mrs. Dakin about the child being knocked against the wall eight times—I did so in the same week, I believe.
MARY ANN BURMA . I am the wife of Joseph Burman, a lath render, of No. 13, Bond-street, Borough-road. I occupy the two rooms, back and front, on the first floor—the prisoners came there to lodge; they occupied a back room on the same floor—they came on Thursday the 18th, between 9 and 10 o'clock at night—I was called in on the Friday morning, between 9 and 10 o'clock, to see the child; it was dying, and I told them to take it to a doctor—it was taken away, and I saw it brought back dead in about a quarter of an hour—I assisted to wash and lay it out, and while doing so I saw three bruises on the front of the forehead, two on the arm, and one on the side.
Burch. Q. What time on Thursday morning was it you first saw me? A. Between 9 and 10 o'clock; but I heard you bring something up into the back room earlier than that—there was nothing more brought in on that Thursday—I saw you at Bond-street, between 11 and 12 o'clock in the day on Thursday—it was 1 o'clock when you went out with a barrow—when I was washing the child I pointed out the bruises to the mother, and she said it used to stand up by the box, and that it might fall down.
Nash. Q. Did you hear the mother say anything about the child being ill? A. No.
MR. ADDISON. Q. Did the mother say that the child had fallen, or that it might have fallen? A. She said it might have fallen—that was immediately after the child died.
JOHN WILLCOCKS WAKEM . I am a surgeon, and reside in London-road. About 9 o'clock on Friday morning this child was brought to me by two persons—the female prisoner was one—it was nearly dead—it died almost immediately after I saw it; about half a minute afterwards, or it might be rather more—I examined it externally, and found two or three bruises on the fore-bead—I did not take off the clothes, I merely passed my hand along the spine, and examined the arms—next day I saw it undressed—I then examined it externally, and observed bruises on the forehead—the child had laid on its back some time, which had caused the blood to gravitate, and prevented my making a proper examination there, as that had produced discoloration of the skin, which made it difficult to discern whether there were bruises there or not—on the next day, Saturday, I made a post mortem examination—I removed
the upper portion of the skull, and examined the brain—I found very great congestion of the brain in its membranes, and an effusion of serum into the ventricles of the brain—I examined the viscera—they were all healthy—I found no symptoms of water on the brain, and no trace of any organic disease, no symptoms of any disease of any standing—there was no old disease—there was nothing about the state of the child to account for its death, except the appearances I observed on the brain—there was no trace of softening of the structure of the brain, nothing but the congestion and effusion—if a child of eleven months old had been beaten day after day for eight or nine days, that would be likely to produce congestion of the brain, and effusion, such as I found.
Q. Do you think it would be likely to be produced by weaning, and separation from the mother? A. I have not seen that effect; but I should wish to add, that anything which would excite the passions would produce it—any excitement has a tendency to produce such a state—fits and convulsions produce the same appearances—I have not ascertained anything to lead me to think that the appearances I saw were produced by fits and convulsions—the appearance of the child was not such as led me to suppose that it had been subject to fits or convulsions—danger to the child from beating would depend upon its age—the beating of so young a child as this would be likely to produce a dangerous state of excitement—the beating of a very young infant, eleven months old, such as has been described, would be liable to produce congestion of its brain—congestion is an engorgement of the blood-vessels of the brain—they would be over-filled with blood, an unnatural fulness; and when the blood is too plentiful, then the serum pours out, and that causes death—the serum is the watery portion of the blood—congestion might have lasted for several days—I cannot say the exact time—it might have been only twenty-four hours—in my opinion it could only have been twenty-four hours, to the extent I saw it—there might have been a less degree of congestion for two or three hours, and an intense degree for twenty-four hours; in my judgment effusion had taken place seven or eight hours, or it might have been to a small extent more—the effect of a great degree of congestion or effusion is to produce a state of stupor—a person suffering from an intense degree of congestion or effusion appears to be in a state of heavy sleep, so that it is possible that a mother, seeing a child under such circumstances, may have supposed that it was fast asleep—I suppose that, if the mother had seen the child asleep at 7 o'clock in the evening, and it died between 8 and 9 o'clock the following morning, that it was suffering from congestion at the time she saw it.
Burch. Q. The only question is, whether congestion of the brain might not have been coming on for some days previous to the death of the child? A. I have stated that it might—taking the child away from the mother at such a period might add to the congestion still more—I think I have stated that a convulsive fit is sufficient to cause the death of a child when it is suffering under congestion.
MR. ADDISON. Q. I suppose congestion, as soon as it exists, immediately shows itself by external symptoms? A. It does—the child could not be considered to be well when it was suffering from slight congestion—very shortly after congestion commenced, it would not appear well—there would be a degree of heat about the head, and it would put its hands to its head, and it would he restless—the eyes do not generally show it in infants.
COURT. Q. I wish to learn from you, as a man of science, as a surgeon, whether, supposing a child to be beaten by slaps on the buttocks with the
open hand, that could be done without leaving marks? A. It would depend on the severity—it would produce a redness of the skin in a child of that age, but would not produce marks of bruises, unless it was very severe—I observed two or three bruises on the forehead—judging from my experience, I should say that they had existed four or five days, or it might have been more; it is very difficult to ascertain—I should say they must have been there four days at the least—it is very uncertain how long marks of bruises remain—it depends on the severity, and on the degree of effusion.
Burch's Defence. The child was brought to me on Tuesday, 4th Oct., by the mother herself; she has been in the habit of seeing it three or four times a day; sometimes she had it three or four hours at a stretch of a morning; it was labouring under a severe cold, and had a dreadful snuffling of the nose, which produced a very unpleasant noise; on the Tuesday, as I was washing myself to go out to work, there was a button off my shirt; the female prisoner, who was nursing the child, put it down to put the button on my shirt; the child made a noise; I took it up, and it dirtied me, and I gave it two or three smart pats on the bottom; Mrs. Dakin then came, and the female prisoner spoke to her; she gave me abuse, and of course I gave her the same—I found it was getting too hot for the female prisoner, and I went out, and told Mrs. Dakin to mind her own business, and attend to her own children; she said she would fetch a policeman; I told her to fetch three; she used bad language to me, and I thought it was high time to retaliate; on the Wednesday we went out to tea at the female prisoner's sister in law's; we returned at half past 7 o'clock; on the Thursday I went out in the morning into the city, and did not return till past 8 o'clock; I went to my uncle's, and stopped there, and it was during that time, they say, that she heard me beat the child, and call it unnatural names; on the Friday, when the woman says she was listening through the wainscot, I was at my brother's in the Borough-road, and from there I went to my mother's, in the Artillery-road, Westminster, who had heard of a place for me; it was then half past 6 o'clock—I wrote a letter there, and did not get borne till past 8 or 9 o'clock; on the Monday we both went over to my brother's, about 8 o'clock in the afternoon; we were living in Dean-street, Soho, and he in Bond-street, in the Borough; my brother is a costermonger; he had cut the quick of his toe nail, and he asked me if I would go round with him and push his barrow, for which purpose I went to his house again on the Tuesday, at 6 o'clock, and did not return home till half past 8 o'clock at night; on the Wednesday I did the same, and the female prisoner came to me at 6 o'clock, and returned with me at a quarter to 10 o'clock; on the Friday I left Dean-street, Soho, between 6 and 7 o'clock, and have not been in the house since, therefore it is utter perjury for the woman to say she heard my voice in the room, beating the child; my brother is here to prove what I assert; on the Thursday night in question the child would not eat its supper; I took it down to my sister in law, and gave it a spoonful of castor oil, as its bowels had not been opened; on the Thursday I went to my brother's, and when I returned the child bad got out of bed; but it could get no blow, because we sleep on the floor; I went on my rounds again with the barrow, and the female prisoner sent for me, and I found the child in a convulsive fit; the women came and advised her to take it to a doctor, and when she brought it back it was dead; it stands to reason, that if I had hit the child eight times against the wall, it would have hurt the skull; if I had beaten the child, it stands to reason that the women would have told the mother.
Nash's Defence. The child was very cross, but I never beat it to that extent; I have had one of my own.
Witnesses for the Defence.
GEORGE BURCH . I live at No. 1, Bond-street, the house to which the prisoners removed. They came there on the Friday afternoon, about half past 4 o'clock, with the child—I sent my brother to my mother's about getting a situation for him in a public-house, and she was to tell him where to go—he came again to me on Monday, the 10th, about a quarter past 7 o'clock in the morning, and I wished him to take the barrow round for me, as I had got a bad foot, and was not able to take it myself, to serve my customers with greens—I left home, at a quarter past 0 o'clock in the evening, and left him there—my house is, I should say, a couple of miles from Dean-street—on the Wednesday morning, the 12th, he came, about the same time, with a box—Nash was at my house on the Wednesday night—it must have been about half past 7 o'clock in the evening when she came—my brother was still there, and I left him at the Surrey Theatre at 9 o'clock that night—on Thursday morning, the 13th, he came again, it might be about 7 o'clock, and brought a couple of beds with him—he did not go home at all that night.
COURT. Q. You say he came to your house each morning, and left each night; do you know what became of him in the daytime? A. He was with me till dinnertime each of those days, wheeling the barrow for me; I speak of Tuesday, Wednesday, and Thursday, when he was with me all day long, barring Thursday, when he went out with some apples—he was with me all day Tuesday and Wednesday; and on Thursday he was standing in the London-road with a barrow load of apples for sale, from 1 to 6 o'clock, and I was in the habit of going to him every half hour.
Cross-examined by MR. ADDISON. Q. You say you were with him on Tuesday and Wednesday; how long? A. From half past 7 o'clock till the evening, and on Wednesday he was with me till 9 o'clock at night; I went out with my green stuff, and he was out with me in the morning, and at home in the afternoon—while I was at my morning's labour he was pushing the barrow for me; that was on Tuesday, Wednesday, and Thursday—he was wheeling it for me, because I was not able—I was with him the whole time—I walked on the pavement, with a bad foot, on the Tuesday, Wednesday, and Thursday; but on the Thursday I went away at 1 o'clock—I was with him—after dinner on Tuesday and Wednesday—he was sitting at my house all day long, and I saw him occasionally in the London-road from 1 to 6 o'clock on the Thursday.
ANN BURCH . I am the wife of the last witness. On Friday, the 7th, Nash came over to me with the child—it appeared very poorly, and was snuffling at the nose—the prisoners both came together, between 3 and 4 o'clock in the afternoon, and from my house they went over the water—on Monday, the 10th, they came again together; I cannot say at what time, but, as near as I can guess, it was in the evening; and Joseph came over again on Tuesday, the 11th, by himself, about half past 7 o'clock in the morning—on the Wednesday he came again, about half past 7 o'clock in the morning, and went and worked with my husband—on Wednesday night they stopped with us late, and I left them at 9 o'clock, by the Surrey Theatre, both together—on the Thursday morning Joseph came again alone, about 7 o'clock, and that night they slept at our house—I know that, because I live underneath, down stairs—that was the first night they slept there, and I saw the child that night; that was Thursday, the 13th, but I saw the child first on
Friday, the 7th—when I saw it on the 13th it had a severe cold, and I said "If I were Nash I would take it home to its mother"—Joseph brought it down to my room that day, and gave it some castor oil; and on Friday, the 14th, Nash called Joseph up stairs, and I followed up after him, and saw the child dying—I said she had better go across to Mr. Wakem's, the parish doctor, with it—we took it to him, and he said it was dead.
Cross-examined. Q. You say you saw them often together; was the child with them? A. I only saw the child twice; the first time was on Friday, the 7th, and again on the Wednesday—those were the only times I saw it, barring the morning it died—the prisoners came to my place on Thursday, about half-past 8 o'clock at night, and the child died on Friday—as far as I know, it was 9, or half past 9 o'clock at night, when the castor oil was given to the child—it seemed very poorly then, and looked very bad indeed—I do not know why a doctor was not sent for before—I had no business to do so—I did not tell them to send for a doctor the night before when the castor oil was administered—it slept all that night very well indeed, as she said—I do not know whether it was a very heavy sleep, or whether the breathing was heavy—I was not there—I have children of my own—I never saw a dying child before—the breathing did alarm me the night before—I did not take notice that it was breathing heavily at the time the castor oil was administered—I have got two small ones of my own to look to—I think it was breathing heavily—I cannot say whether it was asleep or not when Nash brought it.
ELIZA DIXON . I am the mother of the prisoner, Burch. I recollect sending him after a situation—I cannot say positively as to whether it was Friday, or whether it was four or five days before the Coroner's Inquest; but he came to me, and I sent him to Mr. Lloyd—I should say it was after dark; but whether it was after 6 o'clock I cannot say—he said Mr. Lloyd had told him to call again; but that he would not call the day following, as it was Saturday; and I told him to go on the Monday morning—he has had a child of his own, and was very fond of it.
BURCH— GUILTY . Aged 22
NASH— GUILTY . Aged 22.
Four Years of Penal Servitude
Before Mr. Common Serjeant.
MR. LILLEY conducted the Prosecution and MR. COOPER the Defence. The 'particulars of the case were of a nature unfit for publication.
NOT GUILTY .
MESSRS. SCRIVFN and CLERK conducted the Prosecution.
FRANCES SWEENEY . I keep the Champion public house, in Bond-street, Vauxhall. On 18th Oct., the prisoner Francis came for half a pint of porter—he gave me in payment a shilling—I put it in the screw, and bent it—I said, "This is a bad shilling"—he looked up, and said, "I am very sorry, but I am glad you found it out, it might have got me into trouble"—he took the shilling back, and paid for his porter with a penny—he then left the house—it was then about 5 minutes after 8 o'clock in the evening—my house is about 150 or 200 yards from the Three Goats in the Wandsworth-road.
Cross-examined by MR. THOMPSON. Q. Is yours a very crowded neigh-Bourhood?
A. Not particularly so—I do not do a very great deal of business—there was not any one but Francis in my house at the time—he had the same coat on that he has now, or something of that kind—I remember his face—he had a cap on—I do nut think he was in the house five minutes—the gas was lighted—I saw him go out—he did not seem in a particular hurry—after I returned him the shilling, he said, "I do not think I have got any more money," but he felt in his pocket, and found a penny—I heard of the other charge against the prisoners the same evening—I went to the police office on the Friday after the Tuesday on which this happened—I did not see Francis between the Tuesday and the Friday—the policeman Bromley came to ask me to go to the police office—I went to one of the cells—the two prisoners were there—I did not see anyone else but the policeman—I did not say to the policeman I did not know which of the two men it was—the policeman did not tell me it was the shorter of the two—I had not seen Hilkins before—I saw these two prisoners there, and the policeman said, "Which is it?"—I said, "This one"—I bent the shilling a very little at the edge—I rang it on the counter—I am certain it was bad—I had never seen Francis before—I saw no others in the cell but the two prisoners—I do not know which of them was standing in front—I do not think the policeman said anything to Francis.
EMMA WATKINS . I live with my aunt, at the Three Goats. On 18th Oct., I saw both the prisoners, about 20 minutes before 9 o'clock—Francis called for two glasses of stout—they came to 3d.—Francis paid with a half-crown—I gave him 2d. 3d., change—I put the half crown in the bowl in the till—there were four or five shillings in the bowl, but no other half crown-Francis then called for two more glasses of stout, which I gave them—they both drank them, and Francis gave me a shilling—I bit it, and it was bad—I told him it was bad—my aunt came out, and took the shilling of me, and said it was bad—Francis said I must have given it him in the change for the half crown—I said I had not—I can tell that the shilling he paid me was not the same that I had given him—I had not given him a bad shilling, I am certain—he then said he supposed he must put up with the loss of it, and he gave me 3d.-worth of halfpence—my father was on the other side of the bar, and he went out in search of a constable—the prisoners went out a little time after my father was gone—I then opened the till, and examined the half crown—I found no other half crown there—I bad not taken any other half crown between the times—there was only me in the bar—I found the half crown was bad—I ran out into the street to my father, and gave it him—the prisoners were both standing by my father—they came in afterwards with my father.
Cross-examined. Q. Do you know these men at all? A. No; only by seeing them come in that evening—I had not seen them before, to my knowledge—Hilkins was in front of the bar when the half crown was paid—I did not notice whether he was paying attention to what was going on—I do not know whether he saw the half crown paid—at the time he was accused he said he was willing to come in, and when he came in he said he had nothing to do with it—I do not remember his saying he had not passed any money—the half crown was paid and change was given, and they afterwards tendered me a shilling for some more stout—they were talking together, and did not seem in a hurry to go away—they drank the two glasses of stout, but they gave me the shilling at once—then there was this dispute and they went out, and came in again with my father without a policeman—my father had hold of them both—Francis said he was not going to be collared—he said, "I
demand to be searched"—I am quite certain that both the shillings I gave to Francis were good, because I am always so very particular in taking money, I never took any bad before—there has been bad money taken in the house—other persons take money as well as me—I am ready to swear there were no other half crowns in the till—I am quite certain that was the one that was given me—I found that the half crown was bad before the prisoners were brought back—I opened the till, and put this half crown into the bowl—there were three or four other coins there—the prisoners afterwards came back with my father—I did not see them searched—when the prisoners came it was 20 minutes to 9 o'clock, as near as I can guess—it was 5 minutes to 9 o'clock when the policeman came—I looked at the clock.
MR. SCRIVEN. Q. Did the prisoners come back with your father voluntarily, or had he hold of them? A. He had hold of them.
MARIA FENNINGS . I am the aunt of the last witness, her father is ray brother. On 18th Oct., I saw the prisoners served with two glasses of stoat, it was about 20 minutes to 9 o'clock as near as possible—it would take about five minutes to go from my house to Mrs. Sweeney's—I saw Francis give a half crown to my niece—when the second two glasses were given, a shilling was given, and my niece said, "This is a bad one"—I took it out of her hand, and found it bad—Francis said he had just taken it in change for the half crown—I said, "You had a right to look at your money beforeyoutook it, I shall not change it"—he then took it up, and paid 3d.—ray brother was in front of the bar, and he went to the door to look for a policeman—after he was gone, the two prisoners went out—the moment they left, we found the half crown was bad—my niece ran to her father and told him, and he put his hands on the prisoners' shoulders, and told them they should not go.
Cross-examined. Q. When the prisoners went out, did they go in a hurried manner? A. Just as another person would leave the house—they were then seized by my brother—he brought them in the house and called the policeman—I said, "It is a bad half crown, I shall not allow you to go"—just at that moment the policeman came in, and I gave him the half crown—there were six or seven other persons at the bar at the time—I had been taking money all the evening, but we had very little silver—I had given change for a sovereign—my niece might have given a bad shilling in the change—H ilk ins did not pay any money—I saw both the prisoners searched.
WILLIAM WATKINS . I am the father of Emma Watkins. I received a half crown from her on 18th Oct.—I was then six or seven yards from the door—the prisoners came out, I kept them in conversation as long as I could, and when my daughter said the half crown was bad, I immediately laid bold of both the prisoners—Francis said he was not going to be collared—J said I should not think of letting him go—Hilkins said he did not want to be collared, he would go in, and he did—I kept hold of Francis.
Cross-examined. Q. When you first heard your daughter object to the shilling, was there not some discussion? A. Yes; Francis said she had given it him—when I let go Hilkins, my impression was that he would go in—he said he would not be collared—they both agreed to be searched—Francis tried to get away from me—he did not run away, because I kept hold of him—Hilkins walked back into the house, but I had handled him first—they were standing quietly at the bar, as if Francis was standing treat—I did not see Hilkins pay anything.
Francis in the parlour—I found in his waistcoat pocket a good shilling and one half crown—I found in his hand one bad shilling—I found on him a tobacco-box—I searched Hilkins, and found on him 10 1/4 d. in copper, and a 4 d. piece—I went to Mrs. Sweeney's on the Wednesday afterwards—she went to the cell on Friday, and I showed the prisoners to her—she identified Francis as coming to her house and tendering a counterfeit shilling.
Cross-examined. Q. Had you known Hilkins before? A. No, I never saw him—I never took a person to identify a prisoner before—I have seen persons taken to a cell to look at prisoners—Mrs. Sweeney identified Francis—she did not hesitate—I did not say anything to her.
(Hilkins received a good character.)
FRANCIS— GUILTY .— Confined Twelve Months.
HILKINS— NOT GUILTY .
MESSRS. SCRIVEN and POLAND conducted the Prosecution.
ANN KELLY. I saw the prisoner on 27th Aug. at my shop, in Parsonage-row, Newington—she came between 4 and 5 o'clock in the afternoon for a London Journal and half an ounce of tobacco—I served her, and she gave me a shilling—I gave her change, and put the shilling into the till—there was one sixpence in it, but no other shilling—I kept it till my husband came home—he tried it, and found it bad—I saw the prisoner again on 10th Sept.—my husband served her then—I saw her pass a shilling to him; I saw him trying a shilling—he took it of her, and put it into the till—I was writing at the desk, and on looking up I recognised the woman—I was so near to my husband that I touched his foot, and he put the shilling into the till where there were some halfpence, but no other silver—when she was gone I took the shilling out of the till.
COURT. Q. On that second occasion did you see your husband take the shilling from the prisoner? A. Yes; and he rung it, and put it into the till with some halfpence, not with the silver—I afterwards saw it broken in pieces.
MR. SCRIVEN. Q. On 24th Sept. did you see the prisoner again? A. Yes, she came for a Family Herald and half an ounce of tobacco—she paid me a shilling—I took it, and bit it—I found it was bad—I said, "This is a bad shilling; it is not the first you have brought, it is the third you have given me"—she said I was mistaken, it was not her—I said I was sure it was her—I gave my husband the shilling—a constable was sent for, and the prisoner was given into custody—I suppose the shilling was destroyed that was broken on the 10th.
Prisoner. The shilling was not brought up at the station; you had to go and get it when I was remanded. Witness. Yes.
JAMES KELLY. I am the husband of the last witness. On 27th Aug. I went home about half-past 4 o'clock—my wife gave me a shilling—I examined it—it was bad—I locked it up in the casbbox—I afterwards gave it to the officer—on 10th Sept. the prisoner came again—I served her—she gave me a shilling, and I gave her change, and put the shilling into the drawer with some halfpence—my wife nudged me, and after the prisoner was gone I examined the shilling—it was bad—I broke it in two or three pieces, and they were destroyed in the fire—on 24th Sept. I was called into the shop, and saw the prisoner there—my wife gave me a shilling in the prisoner's
presence—I went to the door, and prevented the prisoner going out—I examined the shilling—it was bad—I sent for a constable, and gave her is charge—I gave that third shilling to the same policeman I gave the first one to.
GUILTY . Aged 23.— Confined Six Months.
MR. PAYNE conducted the Prosecution,
ELIZABETH QUINNELL . I am the wife of the prisoner; he is a French polisher, and lives in Elizabeth-place, Waterloo-road. On Monday, 19th Sept., at a quarter before 10 o'clock, he went out—he said he was going to the shop to get some work, and he would be back in half an hour or three quarters of an hour—he did not come back—I went to look for him—he afterwards brought in the work, six dozen of chairs, and he went out again with the intention of asking the master for some money to get some materials—he did not come home, and I went out; I think it was then about half past 10 o'clock—I found him at the Spanish Patriots, in the Lower-marsh—his mother and one or two friends were there, and they were having some beer; I bad some beer, and he and I came out of the house together—I said to him, "George, willyoucome home to breakfast?"—he gave me a shilling, and said he should be home in half an hour—he went into the public house—he asked me to come in; I said I should neither come in nor go home, I should stop outside—I stopped out about five minutes—I then went in, and stopped about ten minutes—I had some beer with my husband and his mother—I asked him to come home to his place, as the children wanted their breakfast; he said 1 was to go home, and give the children their breakfast and have mine, and he would come home in about half an hour—I said, "I will not go out till you do come"—I asked him if he would come out, and go towards the Westminster-road—he did, and we went to a house in the Westminster-road with another man, of the name of Barnes—J changed the shilling my husband had previously given me, and we had a pint of beer—we drank the pint of beer, and we all three came out and came down to the Cut, and went to the Spanish Patriots again—my husband said he should go in with his mother—I went in with him, and stopped a little while—he said, "You had better go home to the children, and have your breakfast;" I said I would not go till he came—he said I had better go, as I had left the baby so long; I said I would not go till be came—he then asked me to give him the 10 1/2 d. change, and he would go and give the children their breakfast, and bring the baby to me if I would stay at the Spanish Patriots—I said if the baby cried ever so much, I would not go home—he said if I would give him the 10yd. he would go and fetch it; I said, "No," I would see him d—d first, and he lifted up his foot and kicked me in my back part, in the private parts—I had only my shift and gown on, no petticoats—I felt pain—some one went with me to the doctor—I was taken to the hospital; I remained there a fortnight—I was not sensible when I got to the hospital—when I came to myself I felt weak, but I felt no pain in the private parts—I bled much from my private parts—I had been confined six weeks that day.
Prisoner. Q. With what motive did I give you that shilling? A. To
get the children their breakfast—you asked it back, as you said, to get the children their breakfast—I called you a b——y rogue—I stopped out all night on Sunday night—I refused to tell you where I had been all night—you brought your work home with you when you started out—6 dozen of chairs—I had kept the children without food four or five hours after you gave me the money to get it, because I stopped to drink—I cannot say how long I kept the baby crying; I left it by itself from half past 9 to 1 o'clock.
MR. PAYNE. Q. In what state was the prisoner? A. He was not sober—he had been drinking' all night—I had one little girl, seven years old, at home; she was left with the baby and one little boy four years old—the prisoner went out at first about 9 o'clock, or a little after, to fetch the chairs—I went about five or ten minutes past 9 o'clock—I was going home from the public house as soon as I had a drop of beer—I told his mother I would stop a little longer, I knew the child would not cry—my not going home had nothing to do with his not going home—I should not have gone home, perhaps, till the afternoon—I should have gone home then—I have stated all this about leaving the baby—I said I would not go till be went.
SAMUEL SALMON . I live in Regent-place, Kennington-lane—I was near the Spanish Patriots that day—I saw these persons; I did not know that they were man and wife—I heard a conversation taking place between him and his wife—he asked her to give him the money she had got; she refused—he asked again, and she still refused—he said "If you don't give me the money you have got, I will have your by life," and he gave her a kick, and the blood instantly flowed from under her clothing—she was taken to a doctor—a policeman came up in about a quarter of an hour; the prisoner was then gone.
Prisoner. Q.. What part were you standing? A. At the door; I heard her refuse to give you this money—I decidedly heard you say you would have her life.
HENRY WILLIAM HOWARD . I live in Short-street, Charlotte-street, Newcut. I was coming past the Spanish Patriots on the day this happened—my attention was drawn by a sweep—the Spanish Patriots is at the corner of a street—I saw the prisoner and his wife—they might have been on the threshold, or just outside the door of the Spanish Patriots—I heard him say to her, "Will you give me the money?"—she said, "I will not"—he said, "I will have your by life"—I came round, and saw a woman had her hand on his shoulder—I saw his wife afterwards coming to the doctor, and the blood was flowing very fast from her as she walked—she made the print of her feet in the blood all the way to the doctor's.
Prisoner. Q. How was it you were not at the first examination? A. I was not asked at the first, nor at the second; they did not tell me at the third examination to stand back—I said the same words—I did not hear what my friend said—a man did not tell me to stand back, and say I knew nothing about it—he asked me whether it was inside the threshold or outside—my friend did not say to me, "You say the same as me"—I was not told to stand back, that they would riot take my evidence; nothing of the kind—the reason they told me to stand back was, I said it was inside, and there were three witnesses said it was outside—I said it might be just inside the threshold, or just outside.
MR. PAYNE. Q. Did the policeman fetch you? A. Yes; I did not hear the other witnesses examined; it was impossible; I was not in the same room—I have been threatened, and called a swell-mob's many and everything that is bad, if I came to give evidence.
CATHARINE WETTON . I was going down Johanna-street that morning—I saw the prisoner hold his hand to his wife—I heard her say, "No," and as she turned from him, he kicked her on the back part of her person—I saw the blood flow directly—she turned, and said, "Oh! George, you have kicked me"—he seemed very sorry, I went to the doctor with her—I saw the wound on the left side of her private parts, bleeding a great deal—she was taken to the hospital.
Prisoner. Q. Did you hear me use any threat? A. No—when I was examined, we were called in one by one.
ROSINA WRIGHT . I live in Lower Marsh, Lambeth—I was present that morning, and saw the prisoner speaking to his wife—I could not hear what was said—after he had done speaking to her, he gave her a kick—I saw the blood flow from under her clothes—I went with her to the doctor; I did not stop to see the examination.
Prisoner. Q. Did you hear me make use of any threat? A. No; I should have heard you if you bad—the second witness was put back.
GEORGE THOMAS KEILD . I am a dresser, at St. Thomas's Hospital. The prosecutrix was brought there on 19th Sept., about half past 1 o'clock; she was in a state of great exhaustion, what we call collapse, her face was very pale, and her pulse hardly perceptible; I thought she would hardly live to reach the ward—I examined her, and found two large clots of blood hanging from her private part, and a deep lacerated wound in her private part, about an inch and a half long—I gave her stimulants—she was in great danger for five days; a kick with a boot would produce such a wound as I saw.
Prisoner's Defence. On that Sunday I went to see my father; I stopped till about 11 o'clock at night, I went home and found my wife was out; I went out and stopped till 12 o'clock, I came back, and she was not come; I walked about till 1 or 2 o'clock, and she had not returned; I heard the children crying, I had no way of getting to them; I walked about till about 5 o'clock in the morning; I then broke the shutters, and broke two panes of glass, and got in; I went in the morning to the shop to get my work; my wife had come borne, I asked her where she had been, she refused to tell me; I told her to get a fire, and I would go to my master for work, which I did; I met my mother, and went to get a drop of porter with her; my wife came there, and asked if I had any money; I said, "Yes," and I gave her a shilling, and she said she would go home, but she came back in half an hour without the baby; I said, "What have you done with it?" she said she had left it at home; I asked her if she had got them their breakfast; she said, "No;" I said, "Give me the money, I will go and get it if you will not;" she made use of very bad language; I tried to humour her; I said, "Come with me and have a pint of porter;" we went, and she paid for a pint of porter out of the shilling; I went for the glass paper which I use in my work, and I said to her, "J may as well go and bid my mother good bye;" I went in, and she stopped outside; she then came in, I told her to go home; she said she should go where she had been all night; I said, "Give me the money, I will get them victuals if you will not; ought you not to be ashamed to keep these children without food for four hours?" she said that was her business; I said, "Give me the money, I will fetch the baby to you?" I came out at the front door, and she was at the side door; I said, "Are you coming home, once more?" she said, "No; I shan't come home today;" I said, "Give me the money" she said, "No. I shall not give it you, nor no such by rogue;" I raised my boot, and said, "Go in, and keep there altogether;" and as the door was open, my foot got entangled with her clothes,
and she said I had hurt her; I said I was very sorry I had; it was not my intention, I declare it was not my intention; I never injured her before by word or action; it was purely accidental.
Witnesses for the Defence.
CHARLES BARNES . I was in the public house when the prisoner's wife entered—she asked him if he was coming home—he said, "I shall be home presently"—she said, "I have no money, have you?" and he put his hand into his waistcoat pocket, and gave her a shilling—there was another party there, having some beer, and as they were in conversation the prisoner turned and said to his wife, "You have not gone"—she said, "I shan't go till you do"—she remained there; and a little time afterwards he said, "I am going round to my mother's," and be left to go there—his wife followed, and I followed her—we went to his mother's premises—he said to his mother, "Have you got any tobacco?"—she said, "No"—there was some meat on the table—the prisoner took some, and he wanted some bread, and there was none in the cupboard—he came out with his wife, and wanted a pint of beer to drink with his meat—his wife said, "I wish to get him home," and I said, "We will go further up towards home"—we went into a public house, and there she paid for a pint of beer out of the shilling—he ate his meat in the public house, and we came out from there—as we came out his wife said, "You had better come home"—he said, "They will think it very strange, after I have been drinking with all my mates, to go without bidding them good bye"—he went back, and she followed, and was aggravating him, and called him names—we went up the Cut, and before he went in the public house he was standing at the post—he said to her," You have given yourself a deal of trouble to follow me; if you don't go home, give me the money back, I will go and make use of it"—she said, "No, I will see you d-d first, you by rogue"—she turned round, and he put up his foot and kicked her—it was momentarily done—I saw the blood come.
COURT. Q. How far was this from the door of the house? A. About two yards—he did not kick her into the house—I have known the prisoner twelve years—he was never in trouble, to my knowledge, nor locked up—I never heard anything against him—he is not a quarrelsome man—he gets drunk a little—I should say he was not sober then.
GUILTY , but under circumstances of great provocation. Aged 30.— Confined Six Months.
Before Mr. Recorder.
GUILTY .—Aged 20.—He received a good character.— Confined Three Months.
MR. POLAND conducted the Prosecution.
WILLIAM GOMAN . I am a greengrocer, and live in Long-lane, Smithfield—William Badgery was in my employ—I was in the habit of sending him with my horse and cart, to obtain coals at Stanton's wharf, Tooley-street—I sent him for a ton of coals on 30th Sept.; he brought back half a ton—I sent him for a ton on 1st Oct., and he only brought half a ton—'James Badgery was not in my employ, but he was very often assisting his brother with my horse and cart.
Cross-examined by MR. REED. Q. You are a greengrocer, and sell coals? A. Yes; William Badgery was in my employ—it was not his duty to deliver these coals without my orders—I had, on one occasion only,
ordered him to take coals to a person who had purchased them—I bought the business on 6th Sept., and he bad been in the service of the former proprietor.
CHARLES LYONS . I am wharf clerk at Stanton's wharf, Tooley-street—I know both the prisoners—William Badgery was in the habit of coming for coals for Mr. Goman; sometimes he came and sometimes his brother-one or both of them came on 30th Sept. for two and a half tons of coals; I cannot say which it was, but two and a half tons of coals were delivered to him—on 1st Oct., one or both of them came and had three half tons; I cannot say which.
JOHN WISKENDON . I carry on business for my brother in the Broadway, Ludgate-hill—I know both the prisoners. On 30th Sept., William Badgery came to my shop—I have an entry in the book made by his own hand—I do not think James Badgery was with him—on 1st Oct., William Badgery came by himself.
NOT GUILTY .
MR. POLAND conducted the Prosecution.
Cross-examined by MR. REED. Q. How often have you sent him for coals? A. Very often, having my own horse and cart I used to have my own coals drawn home—James very often assisted his brother—they were in the same yard, and would very often go together—I kept a pass book, but I believe it is destroyed—on 3rd Oct., when they came back, I inquired for toe book, and William Badgery said they had left it at the wharf—there was nothing in it but the coal orders—my servants sometimes went to that wharf every day—I always had half a ton at a time—my accounts came in every week, and I used to compare them with my pass book—I never saw that book after 3rd Oct.
MR. POLAND. Q. Do you remember whether, on 3rd Oct., you tent William Badgery for more than half a ton? A. No, only for half a ton—they were to be delivered at No. 42, Clothfair, and he brought me back the money for the half ton, 14s.—they were the best Wall's-end coals—I did not send him for any other coals after that.
CHARLES LYONS . I am clerk to the Great Northern Coal Company. I remember, on 3rd Oct., William Badgery came for the coals alone—I served him with two half tons that day, for Mr. Goman—he brings a book to the office, and says I am to get half a ton of coals in Mr. Goman's name, and they give him a ticket, and he comes to me, and I serve him—the book contains the order given him by Mr. Goman, and the coals given to him are entered in the book, and he took the book home—he came and brought me a ticket from the counting house to supply him with two half tons of coals—I have not the ticket here.
JOB WEBB . I am clerk to the Great Northern Coal Company, at Stanton's-wharf, Tooley-street. I know both the prisoners—I remember William Badgery coming on 3rd Oct.; be asked me for a ticket for half a ton of coals—he came again in the afternoon, and asked for another—I had seen him before, and knew whose servant he was—he did not mention his master's name; he gave me his master's book on each occasion that he came—if he had not given me the book, I should not have given him the ticket—he gives
the ticket to Lyons, the wharf clerk, and he orders the men to load the coals—Lyons keeps the tickets, and enters them in a hook—on 4th Oct., James Badgery came in (Mr. Goman was in the cart outside)—James Badgery said to me, "Will you do me a favour?"—I said, "What is it?"—he said, "You see that man outside, in the cart?"—I said, "Yes"—he said, "That is my master, Mr. Goman; if he comes in, and asks how many coals my brother had yesterday, you say half a ton"—I told him I would not.
Cross-examined. Q. Do you give orders for coals? A. Yes; persons who are in the habit of dealing with the company come to me—it is my duty, without communicating with any one to give a ticket—I gave this ticket without communicating with Horace Cattley—on 3rd Oct., William Badgery came in the morning, and had half a ton of coals—the order was entered in our book, and in a book ha brought—he came again in the afternoon—we keep entries in our own books of orders given on particular days—our books are not here, they are at home—I recollect these occasions quite well—I cannot say how many half tons ha had on the day before, or on the day before that, or bow many in the course of the week—all I know is ha came for half a ton of coals, I gave him a ticket, and I entered it in the books—on 4th Oct., James Badgery cane to me in the office, Mr. Lyons was there, and beard the conversation.
MR. POLAND. Q. Did William Badgery ever come after 3rd Oct.? A. No, that was the last occasion he came for coals.
COURT. Q. When did you first hear of anything being wrong about the coals? A. On 4th Oct., Mr. Goman came to me, and asked how many loads of coals William Badgery bad the day before t I told him two, and he said he would go and have him taken up.
JOHN FAUCETT (City policeman, 212.) I took William Badgery on 6th Oct.—I told him he was charged by Mr. Goman with obtaining three or four half tons of coals, and-making away with them—he said, "I know nothing of it, I am quite innocent—I took James Badgery the same evening—I said he was charged with being concerned with his brother William in obtaining coals, and disposing of them—he said he knew nothing about them.
NOT GUILTY .
ADJOURNED TO MONDAY, NOVEMBER 28TH, 1853.
The following Prisoners, upon whom the Judgment of the Court was respited at the time of Trial, have been sentenced as under:
Vol. xxxviii. Page Sentence