CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand,
JAMES DROVER BARNETT
Rolls Chambers, 89, Chancery Lane.
SESSION I. TO SESSION VII.
GEORGE HEBERT, CHEAPSIDE.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, November 28th, 1853, and following Days.
Before the Right Hon. THOMAS SIDNEY , M. P., LORD MAYOR of the City of London; the Right Hon. Sir Edward Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir William Taylor Coleridge, Knt., one of the Judges of Her Majesty's Court of Queen's Bench; Sir Thomas Noon Talfourd, Knt., one of the Judges of Her Majesty's Court of Common Pleas; John Humphery, Esq.; John Kinnersley Hooper, Esq.; Sir James Duke, Bart, M. P.; and William Hunter, Esq. Aldermen of the said City: the Right Hon. James Archibald Stuart Wortley, Q. C., M. P., Recorder of the said City: Francis Graham Moon, Esq.; David Salomons, Esq., M. P.; Thomas Quested Finnis, Esq.; Sir Robert Walter Carden, Knt.; John Carter, Esq.; William Cubitt, Esq., M. P.; and Henry Muggeridge, Esq. Aldermen of the said City: Edward Bullock, Esq., Common Serjeant of the said City: and Russell Gurney, Esq., Q. C., Judge of the Sheriff's Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
SIDNEY, MAYOR. FIRST 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, Nov. 28th 1853.
Before Mr. Recorder and the First Jury.
PLEADED GUILTY . **† Aged 20.— Confined Twelve Months.
PLEADED GUILTY .* Aged 14.— Confined One Month ,
3. WILLIAM CRUSE , stealing, on 29th Oct., 4l. 10d.; the moneys of John Miles, the younger, and others, his masters; also, stealing, on 12th Nov., 41 10d.; the moneys of his said masters: to both which he
PLEADED GUILTY . Aged 43—Recommended to mercy.— Confined Six Months.
4. FRANCIS BROOKS , feloniously uttering 4 forged receipt for 8d. 6d. each, with intent to defraud; also, stealing 8d. 6d. in money, and within six months two other sums of 8d. 6d.; of John James Grobá, his master; also, stealing 1 other sum of 8s. 6d. in money, of his said master: to all which he
PLEADED GUILTY . Aged 32. .—Recommended to mercy.— Confined Four Months.
PLEADED GUILTY .** Aged 38.— Confined Six Months.
PLEADED GUILTY . Aged 23.—Recommended to mercy.— Confined Six Days.
(He received a good character, and his father promised to take him back into his employment.)
PLEADED GUILTY . Aged 21.— Confined Six Months.
WILLIAM WILSON . I am assistant to Mr. Gill, a pawnbroker, of Wilmot-street. I produce three shirts pledged by the prisoner, for 2d. each, on 12th and 14th Nov.—I took two in, and was present when the other was taken—one was pledged in the name of Jane Williams, and the others in the name of Ann Smith—it is quite common, for honest persons to pledge in assumed names.
MARY ANN TARRON . I am single, and live at Whitechapel. I work for Mr. Singer, of Watling-street, a shirt maker—the prisoner worked there, on the premises—there were four other women there besides myself—we do not take any work home—last Saturday fortnight, when I was leaving work, there were three other women there—there were two shirts lying on the table; the prisoner took them up, put them into a handkerchief, and left the room with them—they were shirts which she was making, and were unfinished—I supposed that she took them home to finish them—it was not allowed to take shirts out of the house.
Prisoner. You are a day worker, and I am a piece worker? Witness. I work by the day, and have 9d. a week—the prisoner works at piece work; I do not know how she is paid—I do not know what orders she had with respect to shirts, I only know what orders I had myself—being a day worker, I had no right to take anything away—the other women all worked by the piece—I never saw them take away shirts to finish, but I have seen the prisoner do so two or three times—she did not come back to her work on the Monday—I have not seen her since—I have been in the habit of making shirts for five or six years—I have always been a piece worker—it is not an uncommon thing to take shirts home, and bring them back next morning; I used to do so—the prisoner overlooked the young women in the room where I worked, and she was under Mr. Kohen, the foreman—when the prisoner has brought shirts back of a Monday morning, they have sometimes been finished, and she would hand them to Mr. Kohen in the course of the morning—the shirts are left in the work room at night—I saw the shirts the prisoner was making; this one (produced) is one of them, the other is not—I know it by this peak to the wristband—I never made any like it—I had not done any work upon it myself, nor did I pay particular attention to it before she took it away—the wristband of this other shirt is different; it has a little narrow band—this third shirt (produced) is one she took home to put the wristbands and collar on—I know it because she had only got so much as this done of it.
JOSEPH COMBER KNIGHT (City policeman). I went with Mr. Kohen to the prisoner's house, No. 4, Windsor-street, Somers Town, on Monday, 14th Nov.—I told Mr. Kohen to ask for another party, merely to see if the prisoner was there—he asked at the door for Miss Roberts—the prisoner
did not answer the door; but she came out to where we were standing after we had left the door a short time, and said to Mr. Kohen, I hope there is nothing wrong with respect to Miss Roberts?"—Kohen said, No, there is nothing wrong respecting her—the prisoner said, You know I brought three shirts away to finish on Saturday night, which I intended to bring back this morning, but I could not get them done"—this was at 11 o'clock at night—Mr. Kohen said he was not aware of it till he was informed of it, and that she had no right to do so—she said that it was usual with most shirt makers—I said I was an officer, and had come with respect to the shirts; that it would be my duty to take her into custody; and asked her if she could produce them; she said, Yes," she could—I went, indoors with her, into her husband's shop, and she was allowed to go into the back room for the purpose of producing them—in about a quarter of an hour she came back, and said she could not let us have them to night, for two of them were with a friends of hers, Miss Randall—the husband produced this shirt (produced) from a drawer in the inner room, and said, This is the only one I can find in the drawer;" but the prisoner was not present then—I showed that shirt to the last witness, and she identified it at the Mansion-house—Mr. Kohen examined it at that time, and said he did not know that there was anything missing till he was told of it—the prisoner gave me Miss Randall's address, but I could not find her.
SAMUEL KOHEN . I am foreman to Mr. Singer, a shirtmaker, of 61, Watling-street. The prisoner was employed there at piece work, at 2d. a shirt, which is what I always pay; it is the best price paid in the city—she was the overlooker of the girls; they did the rougher part, and it was her business to finish it—the 2d. was not for finishing only; she engaged hands under her to work—she did not give security for work done on the premises, but if she takes work away she must—she got security signed, and took, work out about three months ago; but we did not like to give her any more out, because she did not bring home a shirt in time once when I wanted it; and I told her I would not give her any more at home, but that she might do them on the premises—that was about a fortnight before I missed the three shirts—I still have the security; I have not realised it—I am in the habit of cutting out the shirts—I know these shirts, the three are worth 15d.
Prisoner. Q. On Thursday evening did not you give me two bodies to take home with me? A. Not the same week, I did the week before; but I was obliged to put them down in my book—that was after I had taken the security—I then put a stop to your having the work home—I have not given you half a dozen fronts to take home of a night, and finish; you asked me for two fronts one night to take home to stitch, and next morning you brought them back; that might be the same week, or the week before—you left off work on Saturday night about half past 8 o'clock—this finished shirt was missing on Monday morning, therefore I inquired for it, and found it at the pawnbroker's on Monday morning, and I had it on Saturday—there is nothing left to be done to it except the. tab, with the button hole to it at the bottom of the bosom; but I can bring three dozen of your own make without tabs—I have not got the agreement here which. I signed, as well as you and your husband—I did not take the work in before the women left at night, if I had nobody could have taken it; but I went up stairs every night and looked for the work, except on Saturday, when I am busy, till half past 11 o'clock, and cannot do so; and I go on Monday mornings instead.
Prisoner's Defence. Last Friday and Saturday fortnight I was up at half past 3 or 4 o'clock in the morning, on purpose to get the work done, and all I took for my week's work was 4d. 7d.; it took three of us three days to make four shirts, as it was such very heavy work, there was a dozen button holes in each shirt; I had 2d. with each shirt made in the room, but I paid 8d. a week to each of the women; the reason I did not go to my work on the Monday morning is, that I had not a bit of shoe to my feet, and I had to walk from Somers' Town every morning.
SAMUEL KOHEN re-examined. She has been working a fortnight in the house, but she had work out of doors about four months—the security we took was 5l., besides which her husband was responsible for any amount of work she took out.
NOT GUILTY .
NEW COURT.—Monday, Nov. 28th, 1853.
Before Mr. Common Serjeant and the Fifth Jury.
PLEADED GUILTY .—Aged 17.— Confined Four Months.
PLEADED GUILTY .—Aged 16.—Recommended to Mercy by the Prosecutor.— Confined Twelve Months.
PLEADED GUILTY .—Aged 17.— Confined Three Months.
SAMUEL ALFRED GOLDNEY . I live at Langley Marsh. On Wednesday, 9th Nov., I had a sow in my field—I saw it safe between half past 9 and 10 o'clock that morning—I missed it between 3 and 4 o'clock—I made a search for it with a blood hound, but could not find it anywhere—I saw it the next day at Uxbridge, which is four or five miles from my place—it was my sow.
JOHN BURNETT . I am one of Mr. Goldney's labourers. On 9th Nov. I saw the sow in the field as I was going to dinner, about a quarter past 1 o'clock in the afternoon—I met the prisoners about five minutes afterwards—they were driving beasts about three hundred yards from Mr. Goldney's meadow, where the sow was—I missed the sow between 3 and 4 o'clock—I saw it again the next day at Uxbridge—it was Mr. Goldney's.
THOMAS HEARN . I am a wheeler, and keep a beer shop at Uxbridge. On 9th Nov., between 4 and 5 o'clock in the afternoon, I saw the two prisoners going by my door with a drove of beasts, and a black and white
sow—I am confident the prisoners are the men—I rather took a fancy to the sow, and I hallooed to the men, when they had got about fifty yards by me, to know whose sow it was, and where it came from—they still kept on, but one of them said it came from Iver Heath or somewhere there—Iver Heath is between Mr. Goldney's and where I saw the prisoners, and about two miles and a half from Mr. Goldney's—I did not like the appearance of the prisoners, and I ran for the policeman; I met him coming along—he ran after the prisoners—I could not keep up with him—I went with the policeman, and found the sow in Uxbridge pig market pens—there was a butcher chap with it who had took to it—it was the same sow I had seen the prisoners driving.
GEORGE BOUGHTON (policeman, 201 T). From what the last witness told me, I went after the two prisoners—I overtook them driving some beasts along—I asked Bristow about the sow; he told me he knew nothing at all about it—I then asked Howe: he denied it at first, but afterwards said he had left it with a butcher—I took Bristow down Uxbridge to the New Inn—he said the sow was in the New Inn yard—I looked for it, but did not find it there—I found it in the pen in the pig market, at the Chequers—Bristow said it was the same sow—I showed it to Mr. Goldney—Bristow told me the sow came from Slough. Bristow. I did not tell you so; I never was at Slough in my life.
MR. GOLDNEY re-examined. There is a gate to my field, and it was fastened; the sow could not have got out by itself—Iver Heath is between my place and Uxbridge—when I went to the field between 3 and 4 o'clock the gate was shut, and there was not a gap in the hedge—the sow was kept in the field, and never was out of it Bristow's Defence, The sow was on the road, and it got in with the beasts.
BRISTOW. GUILTY .—Aged 27.
HOWE. GUILTY .—Aged 35.
Confined Three Months.
PLEADED GUILTY . Aged 27.—(The prisoner received a good character.— Confined Four Months.
GEORGE HARE . I live at Uxbridge Moor, in Hillingdon parish—I am a carpenter. On 5th Nov., I had a plane safe, lying on a bench in the kitchen of a house in Cowley-road—I saw it safe between 12 and 1 o'clock—this is it—it is mine—here is my name on it—I missed it when the policeman came for me about 3 o'clock in the afternoon.
TIMOTHY HARRIS . I keep a stall in Uxbridge market—I never saw the prisoner till she came to me on 5th Nov.—she brought this plane to me, and asked me to buy it—I asked what she wanted for it, she said 1s. 6d.; that was a little after 3. o'clock—I asked her her name; she said Jones, and she lived at No. 4, Vine-street—I did not see the name on the plane; but about five minutes after she was gone, a man took it up, and I saw the name on it—I had bought it—I went straightway to where the prisoner said she lived, but could not find her—I went and gave the plane to Roadknight—the prisoner came afterwards to the stall, and said Have you sold that plane?"—I said, No; if you are right you are right; if
you are wrong you are wrong, I shall not let you go"—I gave her to Roadknight.
RICHARD ROADKNIGHT (police sergeant, T 11). Between 2 and 3 o'clock that day I received this plane from the last witness. I went with him to where the prisoner said she lived—there was no such person known there—I afterwards took her, offering some more tools.
Prisoner's Defence. I did not steal it; I bought it down at Iver; I saw a man selling few things; he had got this plane in his hand, and a rule; he said he was in great distress, and wanted to sell them; I said I did not want such things, but by persuasion I gave him 9d. for the plane and some pencils; I came to Uxbridge and sold the plane; this man gave me 1d. for it.
(The prisoner was further charged with having been before convicted.)
CHARLES JECKS . I am an inspector of police. I produce a certificate of the prisoner's former conviction (read—Convicted at Clerkenwell on 10th Nov., 1847, of stealing, and confined six months)—she is the person—she had also three months more for another robbery she committed the same day.
GUILTY . Aged 60.— Confined Twelve Month.
ROBERT BETSON WARWICK . I reside in Thames-street, and am a merchant. On the 17th Nov. I was returning home, about 2 o'clock in the morning; I came from Charing-cross to Thames-street—I had a watch in my left hand waistcoat pocket, and an Albert chain—the prisoner accosted me about Temple Bar; she asked me the way to St. Paul's—I directed her—she walked with me till we got about to the Old Bailey; she took hold of my arm once or twice, which I repulsed—she entreated me to go home with her, which I did not wish to do—when I got near the Old Bailey I missed my watch—I am certain I had it an hour previously—that is the last time I could swear I had it—when I missed my watch I entreated the prisoner to go with me in a cab to a brothel, but she would not go then—I was afraid to charge her, she being a powerful woman—I told her I would go home with her—we got near to Doctors' Commons, and I got a cab; she got in—I told the cowman privately to drive to Bow-street, and when we got there I gave her in charge—this is my watch and chain—the chain has been cut from the watch.
Prisoner. I asked you to go into a house, and you said no, you would go in A cab; you unbuttoned yourself in the cab, and stripped me, and tore me to pieces. Witness, No, I deny it—I did not see you take my watch.
JAMES HASPINALL (policeman, F 70). About a quarter before 3 o'clock on the morning of the 17th Nov. I was in Bow-street station, when the prosecutor arrived in a cab with the prisoner—he called me, and told me she had robbed him of a gold watch and chain—he gave her in custody—I asked her to get out of the cab and come in, and as she rose up I found this gold watch and chain on the seat in the cab.
Prisoner. I did not take the watch; I never saw the watch.
JURY to MR. WARWICK. Q. Were you sober? A. Yes, quite sober; the policeman can prove that—the chain has been cut.
JURY to JAMES HASPINALL. Q. Were any nippers found on the prisoner? A. No; there was 11s. 8d. found on her—I did not search her.
GUILTY . Aged 26.— Confined Twelve Months.
OLD COURT.—Tuesday, November 29th, 1853.
Before Mr. Recorder, and the Second Jury.
PLEADED GUILTY . Aged 17.—Recommended to mercy.— Confined Four Months.
PLEADED GUILTY . Aged 31.— Confined Two Months.
PLEADED GUILTY . Aged 17.— Confined Two Months.
PLEADED GUILTY . Aged 45.— Confined Six Months.
PLEADED GUILTY . ** Confined Twelve Months.
21. EDWARD BEAUMONT was indicted for embezzling the sum of 5l. 10d. which he had received as servant to Edward Wiggins.—2nd COUNT alleging that he was employed in the capacity of servant to the Great Northern Railway Company.
MESSRS. CLARKSON and GIFFARD conducted the Prosecution.
COURT. Q. Then you are not the agent of the Company, but a contractor with them? A. I contract with them just the same as Pick ford's; I contract for the delivery of their coals.
MR. GIFFARD. Q. For all money received on account of coals you are liable to the Company, I believe? A. Yes—when my men receive money from the customers on account of the Company, they have orders from me to pay it in to the Company's office—the prisoner was in my service on 11th and 12th Oct. last—it was his duty to carry coals from the Great Northern Station to the customers of the Company, receive the money for the coals, and then by my direction hand it over to the clerks of the Company—if he received a sum of 5l. 10d. from Mr. Wade, and did not give it to the Company, I should have to pay that sum to the Company—he did not account to me for the sum of 5l. 10s. received of Mr. Wade.
Cross-examined by MR. PARRY. Q. I distinctly understand that this man was your servant? A. Yes—I paid him wages out of my own moneys—I do not sell coals—I simply contract with the Company to deliver coals, and to be responsible to them for the coals I have to deliver, and for the moneys received.
at the foot of this contract—(the contract was here put in, and read; it was dated 31st Dec, 1851, and was between Edward Wiggins and the Great Northern Railway Company, by which the said Edward Wiggins was to find men, horses, and harness, for the purpose of delivering coals; and he moreover undertook that he or his servants should duly account to the Company for all moneys received by him or them in payment of coals.)
SAMUEL HEMMING . I am clerk to Messrs. Powell, of Lincoln's-inn. I attested the memorandum extending this contract—(this being read, continued the contract for three years and thenceforward, until six months' notice to rescind it should be given by either of the contracting parties.)
MR. PARRY to EDWARD WIGGINS. Q. Did you ever read this contract over to the prisoner? A. No—if I deliver five tons of coals to a customer of the Company, and they pay the money for them to the carman, he has orders from me to take it to the office of the Company—by the contract either myself or the carman is to do that—the coals in question were the coals of the Great Northern Railway Company—I believe the person to whom they were sent was a customer of the Company; I do not know—he was not a customer of mine—they were sent there from me by the Company's orders—I received the delivery note from the Company's servant—the name of Coles Child" is upon this delivery note, as sole agent for the sale of the coals brought to London by the Great Northern Railway Company—these notes come to my office from the office of the Company—I have no knowledge of the particular note—the vendor's ticket for the delivery of the coals, accompanied by the delivery note, comes to my office—this is the invoice—my carman receives it from the office of the Company, and brings it to my counting-house; I then make an entry of it in my books—that is the general custom—the invoice is given to the carman, who delivers the particular lot of coals to the customer—they are not receipted by me; they are receipted by the Company, or on behalf of the Company—this is the Company's receipt.
MR. CLARKSON. Q. If I understand you rightly, the general course of business was this; that your man should go for the coals to the Railway Company's depot, and there should receive the vendor's ticket and the invoice? A. Just so—he should then return from the Company's depot to my office, and present the two documents to me or my clerk, for the purpose of their being entered in my books; he would then take both the ticket and the invoice with him to the customer, and there, on the receipt of the money, he would deliver the receipted invoice to the customer, and the vendor's ticket.
COURT. Q. Then when he brings the invoice and the delivery ticket to your office, he comes with the coals also, does he? A. Yes.
THOMAS MARSHALL . I am clerk to Mr. Coles Child—he is the sole agent of the Great Northern Railway Company—his office is at the King's Cross station—this invoice is receipted by me—when we send coals to a customer, we send them through Mr. Wiggins, in our own wagons, and with his horses and men—it is the course of business to deliver to the servants such invoices as the one in question. On 11th Oct., I handed this invoice, with my own receipt to it, to the prisoner—he was to take five tons of coal with him to Mr. Wade, 18, Rye-terrace, Peckham Rye—I delivered that invoice to him as the servant of Mr. Wiggins—if he received the money, it would be his duty to hand it over to me, or return me the invoice—these coals were delivered on the 11th—on the morning of the 12th, the prisoner returned to me—he did not bring back the invoice; he told me that Mr. Wade would call in the morning and pay for the coals—
I, of course, asked him for the receipt, as he had not brought back the money; he said he had left the receipt—I said, It was very foolish of you to do so; if it was not such a distance, I should send you back for it; and if Mr. Wade does not come this morning, I shall certainly do so."
Cross-examined. Q. Was the prisoner your servant at all? A. No; Mr. Wiggins is not our servant—he contracts with the company for the delivery of coals—he supplies horses and carmen, we supply vans—the prisoner was Mr. Wiggins's servant—the carmen were bound, when they received money on our account for coals, to come to me and account for it—this 5l. 10d. was received on account of the company—Mr. Wade was a customer of ours, not of Mr. Wiggins's—the coals were supplied from the I coal depot of the Great Northern Railway Company, for whom I am agent—I expected to be paid by the customer through the prisoner.
COURT. Q. Mr. Coles Child is not the servant of the Company, is he? A. He is the agent of the Company—I am not prepared to say that he acts as their agent—I do not know whether he is a paid agent or a contractor of the Company.
WILLIAM TAYLOR . I am a clerk to Mr. Wiggins, the contractor. On 11th Oct., I have an entry in my book of the prisoner bringing me this invoice—they bring the ticket, not the invoice; they have the invoice as well—this invoice might have come with the ticket—I have my book here (producing it)—this entry on 11th Oct., was made by myself—he brings the ticket accompanied with the invoice—the name in the entry corresponds with the name in the invoice—this is the entry, Beaumont, the carman, to Wade, 18, Rye-terrace, Peckham Rye, four tons of coals"—that entry was made from the ticket—there was one ton entered afterwards; I did not enter that—five tons were ordered.
CHARLOTTE SKIPP . On 11th Oct., I was servant to Mr. Wade, of 18, Rye-terrace, Peckham Rye—I remember five tons of coals being brought to my master's house that day—the prisoner is one of the persons who brought them—he is the one I paid the money to—I paid him 5l. 10d.—there was another with him; it was Lewis—the prisoner delivered this invoice to me (read:—Great Northern Railway Company, King's-cross, London; Mr. Wade to Coles Child, sole agent for the sale of coals, brought to London by the Great Northern Railway Company, Oct. 11, 5 tons, at 20d. per ton, 5l., two miles extra cartage, 10d.; 5l. 10s.)."
Cross-examined. Q. You are quite positive about this man? A. I am certain; I have always been so—when he came, he was in his coal dress, therefore I did not at first recognise him; I was not positive at first; now that I have seen him at the police court and here, I am quite sure.
GEORGE LEWIS . I am what is called a trouncer in Mr. Wiggins's service. On 11th Oct., I accompanied the prisoner as his trouncer—we delivered five tons of coal at Mr. Wade's house, in Rye-terrace, Peckham Rye—I saw the last witness, Charlotte Skipp, and saw her pay the prisoner 5l. 10d.—he gave her the receipt.
(MR. PARRY submitted that upon this evidence there was no case to go to the Jury; the prisoner was clearly the servant of Mr. Wiggins, and of no one else; but it could not he said that he received the money in question on account of Mr. Wiggins, whose duty was merely to deliver the coals, and to receive the money for the company, and who received no money either by himself or his servants on his own account. The R ECORDER inquired whether there was any decision as to the meaning of the words, on account of," whether it necessarily implied that the money must be the properly of the
master. MR. PARRY believed there was no such decision; but he apprehended it was necessary that the money should ultimately have to come to the master, or it could not be received on his account. The RECORDER put the case of a person by business a collector of debts, employing a servant to assist him, and that being employed by A. B. to collect a debt due to A. B., he ordered his servant to go and get the money, and hand it over to A. B.; did not the servant in that case receive the money on account of the master who employed him? MR. PARRY thought not; it was in reality almost identical with the case now to be decided; the money in question was never in the possession of Mr. Wiggins. MR. CLARKSON contended that the money was in the master's possession as soon as it was received by the servant. The RECORDER was inclined to think that the money was not the property of the master: the question was whether it was necessary that it should be so. MR. PARRY urged that there was no evidence to go to the Jury that the prisoner ever received money on account of Mr. Wiggins; for how could a man he said to receive money on account of another, to whom he was not bound to account for it? The RECORDER suggested that the master was bound to account for it to the Company. MR. PARRY denied that he was bound to account for the receipt of the particular money; he was only so far bound as to protect the Company against a breach of trust on the part of himself or his servants. The RECORDER considered that in some sense the money was received on account of Mr. Wiggins, because if it was not paid over, he was liable; on the other hand, certainly, no debt was due to him: he was rather inclined to think it would not do; but he would not withdraw it from the Jury, he would reserve it if necessary MR. PARRY further submitted, that the allegation that the moneys embezzled were the moneys of Wiggins, was not supported; and unless it was alleged to be the property of Wiggins non constat, but that it was the property of the prisoner himself, and, of course, he could not embezzle his own property. The RECORDER certainly considered that it was inferentially required by the Statute that the money should be the property of the master, and it was difficult to say in the present case that that was so. MR. PARRY referred to Rex. v. Truman, 2 Cox's Crim. Cases, 307, and Rex. v. Townsend, 1 Denison's Crown Cases, 167; he did not address the Jury on the facts).
GUILTY .—Aged 32. Judgment Reserved.
(William Watson, of Ware, Hertfordshire, in the employ of a coal merchant, deposed to the prisoner's good character).
MR. PARRY conducted the Prosecution.
THOMAS STONE . I am a clerk to Messrs. Shoolbred and Co., drapers, of Tottenham-court-road. We have goods of the Patent Wadding Company, of Knight Rider-street, Doctors' Commons—on 27th Oct. we owed them two sums, 23l. 14s., and 12l. 4d. 6d.—on that day I paid these two checks produced, for those sums, on behalf of the Patent Wadding Company; they have been returned to us through our bankers—I paid them to the person whose signature I have in our cash book—I am not able independently of the cash book to say to whom I paid them—they were not crossed—it is at the option of the person receiving the money whether they are crossed or not—I cannot say whether I paid them to the prisoner or not, I pay money to about 200 people in the course of the day—I have the signature in this book (produced) of the person to whom I paid the checks; he signed it in ray presence.
Cross-examined by MR. RIBTON. Q. In whose writing is this column? A. Mine; this other column purports to be the signature of the person receiving the money—in one column is the name of the person on whose account the money is paid, and in another the name of the party who receives it—we should not pay him unless he signed the book; we take no other receipt.
ROBERT JACKSON BATES . I am an agent to the Patent Wadding Company. Mr. Joshua Proctor Brown Wested is one of the firm, and there are two others—Shoolbred and Co. were indebted to us in these two sums of money—the prisoner was a sort of junior clerk and town traveller to us—it was his duty to do the rough work in the counting house, and to take orders and collect accounts—if he collected any accounts, it was his duty to account to our cashier at Little Knight Rider-street, or to my brother, at Walworth, where our factory is.
Q. Look at the signature H. N. Overton in this book, and say whose writing you believe it to be in—(MR. RIBTON objected to this question being put, on the ground that if the book was inadmissible in evidence, it could not be put into the hands of the witness to examine. The COURT overruled the objection.) Witness, continued. This signature is the prisoner's writing. (Upon MR. PARRY proposing to put in the book, MR. RIBTON objected, upon the ground that the signature was a receipt, or in the nature of a receipt, and was not stamped. MR. PARRY did not tender it as a receipt for money, but as a receipt for the two checks, and therefore it would not require a stamp. MR. RIBTON contended that the receipt in the book was the only acknowledgment of the money having been paid; that as if the word received" had been put before the signature, there would be no doubt about it; so, as it appeared by Mr. Stone's evidence that the signature was put there for the purpose of its being a receipt, it would be as much a receipt as if the word received" was before it; and that if application was made again for the money, Messrs. Shoolbred would show the book, and say, There is the signature of your clerk for the receipt of the money;" therefore there could be no doubt of its being a receipt, and as such it would require a stamp. The COURT would consult the Judges, and reserve the point if it became necessary.—Cases referred to, Rex v. Starkie, and Regina v. Smith, 5 Carrington and Payne, page 201.)
COURT to THOMAS STONE. Q. What is this column immediately after the signature? A. Merely a memorandum of the different discounts; this large column, 17,000l., is the amount of cash brought forward; it has nothing to do with the payments; it is something which I do not wish to disclose—this 12,000l. odd is the cash paid.
JOSEPH COMBER KNIGHT (policeman, 437). On 31st Oct. I took the prisoner, at a refreshment room at Ramsgate, with a young woman, about seventeen years of age, named Dimsdale. I said I was an officer, and had come to take them both into custody—I said to the prisoner, I suppose you know what the charge is against you; it is for embezzling a sum of money which you have taken from Shoolbred's, the property of your master, Mr. Bates"—he made no answer; but the female said, Who, and what is Mr. Bates? I know nothing about it"—I said, From circumstances which have come to my knowledge, it is my duty to take you in custody also for receiving the same, knowing it to be stolen"—I asked them if they had any property—the prisoner said he had none; the female said the property she had belonged to her—the prisoner then said, Will you allow me to speak to her?"—I said, Certainly; you can speak to her in my presence"—I allowed them to speak privately, but I was in the same room—the female
then took out a purse, gave me twelve sovereigns, and said that was all she had—I sent for a fly to go to the railway; as we were going to enter it, the prisoner was going to speak, and I said that anything he might say would be used in evidence against him—as we were coming up in a railway carriage, he said, "What is the extreme sentence they can give me by law for this offence?"—I said, "You may be transported; but you are not found guilty yet"—he said, "But I am guilty; I took the money, and I don't mean to deny it; the female prisoner does not know anything about it; she does not know how I got the money, or how I came by it."
Cross-examined. Q. Did he say he knew what it was for? A. I said, "I expect you know what it is for?"—he made no answer; and I said, "For embezzling a sum of money, the property of your employers."
WILLIAM BUTLER . I am in the employment of Bates and Freeman. The prisoner was one of their collecting clerks; it was his duty to collect orders and receive money—on 27th Oct. I was going to Shoolbred and Co. to receive an account, and met the prisoner with a female—he asked me where I was going; I told him I was going to receive some accounts at the west end of the town—he said he was going to the west to collect orders, and he would also receive accounts, and save me the trouble of going—I had a list of the accounts I was to collect, and Shoolbred's was among the number.
Cross-examined. Q. You were going to receive accounts; was that your duty? A. It was, if no one else did it.
EDMUND HUMPHREYS . I am a cashier, in the employ of Bates and Co. When the prisoner collected money it was his duty to pay it over immediately either to me or to Mr. Henry Bates—I was the cashier at Little Knight Rider-street—it was his duty to account the same day, or the following morning—he has not accounted to me for this 23l. 14s., or 12l. 4d. 6d.
Cross-examined. Q. Have you your books here? A. I have not; if he had accounted to me I should have entered it in the books—I can speak positively without the books—I examined them the following morning, but I knew without looking at them—four other parties collect money; they have not particular districts—directions would be given to collect these accounts—a list would be given to the prisoner in the morning, and he would be desired to go and collect so and so—he was bound to account to me, or to Mr. Henry Bates, and to no one else—we are the only persons authorised to receive money from him—it is the custom to hand to a parti cular clerk a particular list of debts to collect on a particular day—I give out a portion of the accounts, but not that portion which he would collect; either Mr. Henry Bates or Mr. Butler would—I gave these two amounts to another clerk, who also went for them, and found that they had been paid—I did not give either of these accounts to Butler to collect; I gave them to John Collier, one of the clerks at Knight Rider-street, on 27th Oct.; he acts as clerk and collector.
Cross-examined. Q. Is there any other person besides yourself and Mr. Humphreys to whom the prisoner might account? A. Yes; to Mr. William Butler, the foreman.
(MR. RIBTON submitted that it teas necessary that the money should be received in discharge of the prisoners duty as a servant, but that instead of receiving it by virtue of his employment, he was deputed to collect it by another clerk, who had no authority to do so; the name of Messrs. Shoolbred not
appearing in the list given to the prisoner to collect The COURT overruled the objection. Cases referred to, Hunter's case, 2 Leech, p. 264; and 2 East's Pleas of the Crown, p. 928.)
COURT to THOMAS STONE. Q. On what authority do you pay the account when a person comes? A. We ask them what amount we owe the firm on whose account they come—we do not require them to produce any document—if we find that the amount corresponds we pay it, without reference to who the person is; but we require him to sign the book—if a stranger came and mentioned the right amount, we should pay him at once, unless we had any reason to suspect that there was anything wrong.
GUILTY .— Judgment Reserved.
MR. BALLANTINE conducted the Prosecution.
SAMUEL GREEN . I am in the employment of Messrs. Coster and Co., general warehousemen, in Aldermanbury. On 26th Oct. Mr. Dennant called my attention to the prisoner; he was down stairs, in the entering room, adjusting a parcel on the floor—I continued to watch him—Mr. Dennant told me something, and I went to the portico, outside the door, to seize him when he came out—he came out with the parcel under his arm, with an imitation invoice under the string; it turned out to be a blank piece of writing paper, but when folded up it had the appearance of a regular invoice—I said to him, "Well, my good man, how do you do?"—he said, "Very well, Sir, I thank you"—I said, "What have you got here under your arm?"—he said, "Some goods"—I said, "Whose are they?"—he said, "Mr. Jones's"—we have many customers of that name—I asked him what Mr. Jones—he said, "Mr. Jones, of Islington"—we have no customer there of that name—I then took him by the coat, and said, "Just let me have a look at them," and turned him into the warehouse—he turned round very quietly with me, and gave me up possession of the parcel; but the moment I got it he turned and threw away two small parcels which he had, and ran away—I ran after him, and caught him—the parcel contained two pieces of satinet, worth about 22l.—one of the parcels he threw away contained a piece of old common coarse canvass, of no value; it was about twelve inches square, and two inches thick; that also had a similar piece of paper under the string like an invoice—the other parcel was about the size of my hand; it was in silver paper, and contained a lady's silk tie, or handkerchief, and also a small piece of figured silk—those were no doubt blinds, to give him access to the warehouse.
Cross-examined by MR. CLARKSON. Q. How many partners has Mr. Coster? A. Two; there are three in all.
Cross-examined. Q. Has Mr. Coster any other name than James? A. No.
GUILITY . Aged 27.
(The prisoner was further charged with having been before convicted of felony at this Court, in Feb., 1843, by the name of George Thompson.) MICHAEL HAYDON (City policeman, 21). I know the prisoner. He was convicted in the way stated in this certificate (producing it)—I was present at the time.
Cross-examined. Q. This was a long time ago; are you quite certain about the person of the man? A. Perfectly certain, I have a clear recol lection of his face—I was present at the trial—I pointed him out from ten others in the yard of Newgate—I had seen nothing of him since his conviction until then—I did not speak to him when I saw him in Newgate—the turnkey was with me, I do not know his name—I think the prisoner was about twenty or twenty-one years of age when he was convicted, or about that; he was a young man—I was the officer in the case.
COURT. Q. Had you him in your custody? A. Not directly in my custody; I had the control of the case with which he was connected—there were two of them—I had his fellow prisoner; he was in the custody of another man.
MR. BALLANTINE. Q. Is there anybody else here who knows him? A. No; I have not the slightest doubt about him.
COURT. Q. What was his punishment? A. Seven years' transportation; the charge was stealing a piece of silk out of a shop in Cornhill; I have a perfect recollection of the circumstances.—(The certificate was read.)
NOT GUILTY on the previous Conviction.— Confined Eighteen Months.
MR. CLARKSON conducted the Prosecution.
CHARLES LACEY . I am a carrier. On 18th Nov., about a quarter to 6 o'clock in the evening, I left the premises of Mr. Warren, in Jewin-street, with my horse and cart; I had to call and take up some fenders at Mr. Hoole's, in Aldermanbury, for which purpose I took out two coppers which were in my cart, and put them on the ground; I afterwards put them over the fenders in the cart—when I got about half way up Aldermanbury Pos tern, I was walking at the side of my horse, and heard a ringing sound such as copper would make, proceeding from the back of my cart; I looked round, missed the coppers, and saw the prisoner about twenty-five yards off, walking along the pavement with them under his right arm—I called out, "Stop thief!" and he put them on the pavement, and ran on as hard as he possibly could!; he turned to the left down London-wall, and kept running in the road—I did not lose sight of him till he was taken—I picked up the coppers, these are them (produced)—the gas lights were burning, and I had the opportunity of seeing him—I only saw his back when he was running.
GEORGE CAVALIER (City-policeman, 124). On 18th Nov., between 6 and 7 o'clock in the evening, I was on duty in London-wall—as I came out of Old Basinghall-street, into New Basinghall-street, I heard a cry of "Stop thief!" and saw the prisoner running in London-wall, from Aldermanbury-postern, about forty yards from it—I took him into custody, and took him back to where I heard the cry, which was about sixty yards—there was nobody else running—Lacey was there, and said, "If you are the man who I saw running, and was stopped by the policeman, you are the man who stole my coppers; because I did not lose sight of you till you were stopped by the police."
GUILTY . Aged 32.
(The prisoner was further charged with having been before convicted.
LUKE DUNN . I am a greengrocer and lodging house keeper; I produce a certificate of the prisoner's former conviction thirteen years ago next February—I was then a policeman, and took him into custody; it was for stealing nine yards and three quarters of cloth from a cart in Basinghall-street—he pleaded Guilty, and was sentenced to be transported for fourteen years—by the time of his coming back I was out of the police—I did not see him from his conviction till I saw him at Guildhall for this offence—when I had him in custody he went by the name of Henry Daniels; the party who drove the cart on that occasion has gone to Australia, but I had the prisoner in my custody four or five days; he was put back to the Computer, and was afterwards taken to Guildhall again, and committed—since I was a policeman I have been carrying on a boarding house, and have been a greengrocer.
Prisoner. This can be easily proved by looking over the books of the gaol; I wish them to be produced.
EDMUND JAMES JONAS . I am clerk of the gaol. It is part of my duty to take the descriptions of the prisoners when they come into the gaol—the age we take from the party, the height from the officer, and we put the general description; I have no recollection of the prisoner (The prisoner wished the description of Henry Daniels to be read.)
Witness (reading the entry), 17th Feb., 1841; Henry Daniels, five feet eight inches high, twenty-seven years of age, fair complexion, brown hair, grey eyes, slender make, born in Bishopsgate, labourer, married, no family; can read and write imperfectly"—the Governor gives the description to me in general—this light will make a very great difference with regard to the features, and he would get darker with age—I call the prisoner's hair dark brown.
The COURT considered the prisoner to be a dark complexioned man, and suggested that the Jury had better give him the benefit of the doubt.
NOT GUILTY on the former conviction.
John Rule Ball, and John Stradling, City-policemen, 117, stated, that the prisoner was convicted at Worship-street, in Nov. 1847, of being in possession of house breaking instruments, and was sentenced to three months imprisonment; that he had also been convicted seven or eight times for assaults on the police; and that he had been the associate of thieves for the last eight or nine years. Confined Two Years ,
HORATIO EDINBOROUGH . I reside near Hollybush, at Chase-side, Enfield. I am a captain in the West Essex regiment of militia—I am in the habit of sending hay up to London—the prisoner was in my service twelve months ago, and I took him back about five or six weeks since; I keep two carters—I generally leave it to Monk to allow fodder for the horses; I have no settled rule as to the quantity—on 22nd Nov. I was called up about half past 3 o'clock, by sergeant Good all; I came down into the high road opposite my house, and found the prisoner there in a hay cart; there was a load of hay in it—there were two bundles of hay on the ground, and one of rowan, or second crop of grass—there was also a nose bag.
JOHN MONK . I am a labourer in the prosecutor's employment, and have been so three years—during that time I have had the superintendence of the carts going up to London with hay; we keep two carts and two horses;
we have sent up three a week lately, since the hay harvest—I used to give out to the prisoner the food for his horse; I have been in the habit of doing that—I gave it him over night on 22nd Nov.—I cannot exactly say how much I gave him, we never weigh it—I gave him from twenty-five to thirty pounds, as near as I could tell; I tied it up in a little bit of a band; I gave him as much as I thought the horse would want, we never stint it—I never gave him orders not to take more than I gave out; I asked him if there was enough, and he said he thought there was—there was no other carter besides the prisoner—I drive up to London sometimes—on that morning only one cart was going to London—I gave him out a peck and a half of corn to bait his horse, and to take with him; I gave him that in the morning, he had only one horse—the thirty pounds of hay was to take with him for his horse.
JONH GOODALL (police-sergeant). On the morning of 22nd Nov. I was in a field belonging to Mr. Edinborough, adjoining his yard, about forty or fifty yards from it; it was rather a dark night; I heard a noise in the yard which drew my attention in the first place—I waited a short time and then saw the prisoner come down from the stable with a bundle of hay on his back—he placed it by the side of the cart, and immediately returned to the stable—in a short time he returned again with something bulky; I could not distinctly see what it was—I then saw him get a fork and endeavour to put it on the top of the load of hay—he did not succeed; he then placed it in an empty cart by the side of the loaded one—he also put up a sack containing what I afterwards found to be chaff and corn; he put that on the top of the tilt, on the top of the load of hay—he covered over the chaff and corn with the two bundles of hay—he then went away with his cart; he had got into the high road when I went up to him—I asked him if his master allowed him to take such a quantity of hay away as that—he said, I have got hay for two horses, the other horse is coming out directly"—I called Mr. Edinborough up, and showed him the hay; I found two bundles of hay on the tilt, and under that was the sack containing fourteen pounds of chaff and corn—I weighed the two bundles of hay; altogether they weighed sixty-eight pounds—Mr. Edinborough said it was decidedly wrong—he ordered the carter to drive the cart back into the yard, and gave the prisoner into custody; he said he had no right to take the hay, and he had repeatedly told him so.
Prisoner. I never said there was another horse coming. Witness. I am sure he did.
COURT. Q. How were the bundles done up? A. They were tied up with hay bands—both of the bundles were what is called rowan—there was one bundle of hay, and two of rowan—rowan is a kind of hay.
MR. EDINBOROUGH re-examined. Rowan is hay; I should not call it so myself, certainly—when I said there were three bundles of hay, it was as far as I could see at that time—I fancied there were three.
NOT GUILTY .
NEW COURT.—Tuesday, November 29th, 1853.
PRESENT—Mr. Ald. MOON; Mr. Ald. FINNIS; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY . Aged 39.— Four Years Penal Servitude.
PLEADED GUILTY . Aged 17.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
CHARLOTTE CUTHBERT . I am the wife of James Cuthbert; he keeps the Golden Last, in Cannon-street West. On 8th Nov. the two prisoners came there, and called for half a quartern of gin and cloves—Parker gave me a bad shilling; I gave it to my husband—I told the prisoners it was bad, and they went away after they had paid me.
JAMES CUTHBERT . I keep the Golden Last. I remember the two prisoners coming on 8th Nov.—I could not say which of them tendered the shilling—my wife gave it me—I afterwards gave it to the officer—when told the prisoners it was bad, James said, Give it me back, I know where took it"—I said, If you took it of any respectable man, Bend him to me; I will give it him back M—I proceeded to break it, and put it on a shelf—the prisoners then left—I followed them from my house to Mr. Walter's, in Shoe-lane—I heard them ask there for gin, or gin and cloves—I gave some information to the persons in that house—I noticed that the prisoners had a dog with them; it was a little half-bred terrier—I saw it at my house—it was at the other public house—the prisoners did not go straight from my house to Mr. Walter's; they first went towards Cheapside, and then round St. Paul's-churchyard—when I gave the information at Mr. Walter's, I had to leave the house to go in at the other door, which I did, and shut it—two policemen came in; I said to the policemen, Take care of their hands—James then said, Let me pick up my dog—she then put her hands to the dog—she did not raise him up, but directly afterwards the dog ran away—cannot say what James did to the dog, but directly she put her hands to him he ran away, without waiting for them.
James. I did not say that I knew where I took it; I asked this young woman if she knew where she took it. Witness. No, you said you did.
CHARLOTTE WIELAND . I am barmaid to Mr. Walters, who keeps the Blue Posts, in Shoe-lane. On the 8th Nov. the prisoners came there, and Parker asked for half a quartern of gin and cloves—I served them, and Parker put down a bad shilling—I directly saw it was bad—I bent it, and gave it to Mr. Walters—I should know it again—this is it—I saw a dog on the ground; he came in with the prisoners—I saw James stoop down and attempt to take the dog up, but I did not see it in her arms—when the door was open the dog ran away.
the last witness gave me a bad shilling; she said, These two women have tendered a bad shilling—the prisoners heard that—Mr. Cuthbert said they had been to his house, and passed a bad shilling—they heard that—I sent my waiter for a policeman, and two policemen came—I handed the bad shilling to one of them.
PARKER— GUILTY . Aged 19.— Confined Twelve Months.
JAMES— GUILTY .* Aged 35.— Confined Eighteen Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
SAMUEL JARMAN . I am clerk to the Solicitor to the Treasury. I produce a certificate of the conviction of Caroline Jones and another person, which I got at Mr. Clark's office—(read—"On Monday, the 3rd Jan., 1847, Caroline Jones and Rachel Levy convicted at this Court for uttering two counterfeit sovereigns, and confined eighteen months each")
Cross-examined by MR. PAYNE. Q. She was not tied up about her head as she is now A. No; but I have seen her once since, at the Mansion house, about four years ago—I am sure she is the person.
MR. BODKIN. Q. You were here when she was tried? A. Yes; and I saw her before the Magistrate—I saw her afterwards on another charge, in 1849; I produced the former conviction against her.
CLARA HOGAN . I am barmaid at the White Dog in Widegate-Street. On Tuesday, 25th Oct., I saw the prisoner at the bar, between 4 and 5 o'clock in the afternoon; she came for a glass of port wine and a biscuit; I served her—they came to 5d.; she gave me in payment a sovereign—I gave her half a sovereign and ten shillings in silver—the half sovereign I laid down was a good one—she said she did not like the half sovereign I gave her, there was a flaw in it—I said it was a very good one—she said it was, but there was a flaw in it—I took it up, and gave it to Mrs. M'Keen, and said the person did not like it—Mrs. M'Keen took it to Mr. Rule's, the baker's, and got change; she came back, and gave me the change; and while I was counting it Mr. Rule came in, and said the half sovereign was bad.
Cross examined. Q. This was between 4 and 5 o'clock in the afternoon? A. Yes; it was getting dark—I got the first half sovereign that I gave to the prisoner from Mrs. M'Keen, and she took the half sovereign that I gave her back to Mr. Rule.
HARRIET M'KEEN . I am the owner of the White Dog. The last witness is my barmaid—I saw the prisoner on 25th Oct.—I took the half sovereign that the barmaid gave me to Mr. Rule's, to get change—I took the change back, and gave it to the barmaid—she was about to give it to the prisoner, when Mr. Rule came in, and said the half sovereign was bad—I did not detain the prisoner, but desired her to give her address; she gave the name of Caroline Crick, Cornwall-road, Blackfriars—I gave the half sovereign to the officer Ferrett; he marked it, but did not take it away—I gave it finally to Gamble—this is it.
JURY. Q. Was there any particular mark on the half sovereign you first gave to the barmaid? A. No.
Cross-examined. Q. You did not give the prisoner in charge? A. No she gave her address, No. 70, Cornwall-road," I believe—I wrote it down; here it is; no, it is No. 70, Broad Wall—Mr. Rule brought in the half sovereign, and laid it on the counter—the policeman came in, and marked it immediately—he was at hand, I did not call him.
ROBERT BULK I am a baker. Mrs. M'Keen brought me a half sovereign on 25th Oct.—I gave her change; and immediately after she left the shop, I found it was bad—I took it back to her house, and put it on the counter—I believe the barmaid took it up—in consequence of what I said, the prisoner got no change.
Cross-examined. Q. You went out directly? A. Yes—I had changed the half sovereign for Mrs. M'Keen—it was not till after she was gone that I discovered it was bad—I had not taken it from the counter while she was there—she being a neighbour, I did not take notice of it.
MR. ELLIS. Q. You took it back, and laid it on the counter? A. Yes—I am not positive whether the barmaid or Mrs. M'Keen took it up.
JONATHAN FLOWER . I keep the Albion Hotel, in Albion-road. On 27th Oct. the prisoner came to my house about 1 or half-past 1 o'clock; she asked for a glass of port wine and a biscuit; they came to 4 1l. 2d.; she tendered me a sovereign in payment—I examined it; it was a good one—I gave her in change a half sovereign and ten shillings—she took it up, and said the half sovereign was cracked—I said, Is it? if so, I will give you another—I gave her another, and she threw down a half sovereign, which was not the one that I first gave her—I said, This is not the one I gave you;" she said, It must be, for I had no other—I said, Have you not got one in your basket?"—she said, No, you may examine the basket"—I did so, but I could not find it—I said I should follow her—she left the house, taking with her the second good half sovereign that I gave her—she had 30d. in all of me; two good half sovereigns, and 10d. in silver, and gave me a bad half sovereign—I saw it was bad the instant I she put it on the counter—I followed her round London-field, and I should think for a couple of miles—she knew I was following her, because I had a large dog with me, who kept running before and behind; and the prisoner turned, and saw me—she went into a broker's shop in Cambridge Heathroad; she came out in about ten minutes—I went in immediately, and made inquiries—the prisoner walked on, but did not go into any other place—she had opportunity to get rid of money; she was not out of my sight—she walked on, and every now and then she waited, as if waiting for a bus—I saw a constable, and gave her into custody—it was the first constable I saw, as it was a bye road—I did not see one for some time—I am certain that the half sovereign she gave me back was not the one I gave her—I did not look at the one I gave her, but I threw it down on the counter, as I always do, and it rang on the counter—the other one rang tike a tea kettle.
Cross-examined. Q. What is the front of your bar made of? A. Of metal—coins ring much better on metal than they do on any other thing—those who are accustomed to handle silver can tell it better on metal than anything else—the front of my bar is made of a great deal of tin and lead—my wife serves as well as I do—no one else serves.
MR. BODKIN. Q. How long have you been accustomed to take money at
your counter? A. In. the house where I now am about twelve months, but in the City for seventeen or eighteen years—I have taken some thousands of pounds—I gave the half sovereign to Gamble.
EDWARD GAMBLE (policeman, K 335). The prisoner was given into my custody on 27th Oct., by the last witness—he said it was for passing a bad half sovereign—the prisoner declared her innocence—she said that the one that she gave him was the one he gave her—I produce the half sovereign I received from the last witness, and one I received from Mrs. M'Keen.
Cross-examined. Q. The prisoner persisted in saying it was the same that she had received from Mr. Flower? A. Yes—these half sovereigns were straight when I had them; they have been bent by Mr. Webster.
WILLIAM WEBSTER . These are both counterfeit—I bent them to try them—I generally bend half sovereigns—I have tried the sound of gold on metal—the metal deadens the sound of anything—wood gives the sound fuller.
JURY to MR. FLOWER. Q. Can you swear that the first half sovereign you gave her was good? A. Yes, I have not the least hesitation in swearing it—I know it in the same way that I detected the counterfeit one, by sounding it on the counter.
GUILTY . Aged 30.— Four Years Penal Servitude.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
WILLIAM HATTON . I keep a beer shop at Turnham-green. On 18th Oct. the two prisoners came about 10 minutes past 5 o'clock in the after noon—there was a third man with them—Hitchman called for a pot of beer—he gave me a half crown, and I gave him 2d. 2d. out—I did not suspect it was bad—I put it into my pocket—I went to the till, and got the change—they went to the back part of the house, and sat down, and drank the beer; and then the other one who is not here came, and had a pot of beer, and gave me a florin—after they were gone, I got some information—I looked at the half crown in my pocket—it was the only one I had—it was the one I received from Hitchman—it turned out to be bad—I gave it to Thorne, the officer.
Hitchman. Q. Why did not you recognise me the first day? A. I did recognise you; I told the policeman you were the man, and you were remanded till Saturday.
WILLIAM BLACKMAN . I keep the Old Horse, at Turnham-green, about seven doors from the last witness. On 18th Oct. the two prisoners and another person came to my house—it might be about 20 minutes past 5 o'clock; I did not notice the time exactly—they asked for a quartern of gin, and gave me a florin—I took it up, and it was bad—Stewart had got the militia dress on—I said to him, "What company do you belong to?"—he said, "The third"—I said, "Your pay-sergeant did not give you this?—he said, "No; I brought it from London"—I said, "You will not take it back; give me good money;" and I put the florin on the shelf behind went out, and saw the militia sergeant; I told him—he said, "I must send for a policeman"—one was sent for, and took the prisoners.
Hitchman. Q. You did not recognise me before the Magistrate? A. Yes, I did, the second time; I was not there the first time—I believe you to be the man in company with Stewart—you arc the man.
K ELIZABETH WOODMAN . I am the wife of Thomas Woodman, a grocer, at Old Brentford. On 24th Oct., about 7 o'clock in the evening, the prisoner stewart came in by himself; he asked for a quarter of a pound of sugar and a packet of cocoa—I had not got the cocoa; the sugar came to 2d.—he paid me with a florin; I gave him three sixpences and 4d. change—I put the florin in the till—I had no other florins there—he went away, and soon after Hitchman came, and asked for half an ounce of tobacco and a herring—he paid me with a florin; I bit it, and told him it was bad—he said, "I have got but a penny, I won't take the tobacco"—he paid for the hierring, and I returned him the florin—I am quite sure it was bad—in con sequence of finding that bad, I looked at the other, which I had put in the till before—I found it was the only one there—I took it to Mr. Bond, my next neighbour, and it proved to be a bad one—Mr. Bond gave it to the Policeman—when I tried it I bit it, and made a mark on it—this is the one I tried—it has got the mark on it—Joseph Turner was in Mr. Bond's shop.
COURT. Q. How long was it from the time the first prisoner came till the second came? A. I think about a quarter of an hour.
JOSEPH TURNER . I am in the employ of Mr. Bond, who lives next door to the last witness. I remember her coming in with a florin—I saw Mr. Bond examine it—I took it from him after he tried it—I gave it to the constable—it was not out of my sight—about a week before that I had seen the prisoner Stewart, when I was at Mr. Voysey's, at Turnham-green—he was purchasing sugar and coffee—he gave Mrs. Voysey a half crown—I saw it, but did not take it in my hand—it was a bad one, and it was returned to him.
CHARLES BLAKE (policeman, T 177). I heard of this, and I went to the New Inn. I found Stewart there—it was on 24th Oct., about 7 o'clock in the evening—I took him, and found on him 1s. 10 1/2 d. in good money—I conveyed him to Mrs. Woodman's shop; she said, in his presence, that he was the man who passed the bad florin—I received this florin from Mr. Turner—when I took Stewart, Hitchman was with him, he was eating a herring—I did not take Hitchman.
WALTER FORD (policeman, T 225). On the 24th Oct. I went with Blake to the New Inn—he took Stewart; I took Hitchman—I found on hiin 1d. 2d. in good money—I noticed a hole in the canvass, near where he was sitting; I searched there, and found this florin, wrapped in a piece of paper—it was just at his back—he could put it there as he sat.
Stewart's Defence. I do not know this man; I was never in his company; when I gave the 2d. piece, as the man says, I told him I belonged to the third company, and why did not he give me in custody then? but I was never in the shop.
Hitchman's Defence. The man at the White Hart did not recognise me when he first came; it must have been somebody like me that gave him
the half crown; as to the house, I never was in the house in my life; I never spoke to this prisoner in my life, till we were looked up together.
STEWART— GUILTY .* Aged 20.— Confined Eighteen Montlis.
HITCHMAN— GUILTY . Aged 25.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JOHN OWES . I am a grocer, and reside in Victoria-row, Hackney-fields. On the evening of 9th Oct., the prisoner came for half a pound of sugar, and half an ounce of tea, it came to 3 1/2 d.—she paid me a crown piece—I examined it—it was bad; I told her so—she said she took it in Hackneyroad—I did not give it her back—she went away, and said she would go and get the proper money for it—she did not come back—on the 17th, a policeman came to me, and I gave him the crown piece—I had kept it in the meantime in my desk by itself.
ANN COLE . I am the wife of John Cole, who keeps a beer shop in Victoria-row, Homerton. On Thursday, 17th Nov., the prisoner came for a quarter of a pound of boiled beef, about a quarter before 8 o'clock—I served her—it came to 2 1/2 d.; she gave me a crown piece—I gave her change, and she went away—I put the crown piece in my bag—there was no other coin there—I put the bag in my box, and locked it up—I afterwards took it to Mr. Lambeth, and showed it him—I gave it to the policeman—I saw the prisoner in custody the same night, and recognized her.
JOHN DANIEL LAMBETH . I keep a beer shop in Brook-street, Homerton. The prisoner came there on 17th Nov., and had ten ounces of boiled beef which came to 6d.—she gave me a crown piece—I gave it to my wife to give change—she said she thought it was bad—I said, we should weigh it—the prisoner said, "You have no occasion to weigh it, I have money enough to pay for it"—while weighing it the prisoner made a snatch at it, but my wife held it fast—I sent for an officer, and gave her into custody, with the crown piece.
ELIZABETH LAMBETH . I am the wife of the last witness. I remember the prisoner paying for some meat with a 5d. piece—it felt very light in the hand, and I proposed to weigh it—the prisoner tried to get it out of my hand, but I kept it, and gave it to the policeman.
GUILTY .—Aged 24.— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
JAMES HODGES . I keep a butter shop in Liquorpond-street. On Tuesday evening, 4th Oct., the prisoner came to my shop, between 7 and 8 o'clock—I served him with some butter; it came to 6d.; he paid me a half crown; I gave him change, and he left—after he was gone, I found the half crown was bad—I tried it, and bent it—it had not been out of my possession—I kept it in my pocket till 6th Oct., when I gave it to the policeman—the prisoner came again that evening about half past 6 or 7 o'clock—he purchased half a pound of butter and a loaf of bread; it came to 10 3/4 d.; he gave me a crown piece; I gave him change, and he
left—I had laid the crown piece on a shelf behind the counter—I did not put it with any other money—I was serving another customer at the time, and while putting it down, I saw a sort of rusty cast on it—I afterwards I looked at it, and found it was bad—I immediately went out to see if I could see the prisoner; I could not, but I saw a policeman, and gave both the coins to him—I saw the prisoner again on 9th Nov., in Cheapside, I and recognized him directly; I followed him, and when I saw a policeman, I gave him into custody.
COURT. Q. Had you found that the half crown was bad before he came on the 6th? A. Yes, but I gave him change for the crown—it sounded well, and I tried it with my teeth—I knew he was the same man—the first time he came alone; the second time he came alone; and while I was serving him, a woman came in, who appeared to be drunk—that attracted my attention.
WILLIAM UNOLEY . I am ten years old. I live with my father and mother, at Mount Pleasant—I know the prisoner—I saw him four or five weeks ago—he said to me, "Go over to that eating house, and get me half a pound of boiled beef"—he gave me a crown piece, to pay for it—I went with it to Mr. Death's shop, in Mount Pleasant—I purchased the half pound of beef, and gave him the crown; he gave me change; I did not count it—I gave the prisoner the beef and the change, and he went away—I am sure the prisoner is the man, and the same crown he gave me I gave to Mr. Death.
Prisoner. Q. You said the man that gave you the crown was taller than I was? A. I fancied he was taller' by the jacket—it made him look different—I am sure you are the same man.
ROBERT DEATH . I keep an eating house in Mount Pleasant I remember the last witness coming to my shop for half a pound of boiled beef between 6 and 7 o'clock in the evening—I served him—he gave me a crown piece—I gave 4s. 6d. and the beef—I put the crown into the till—there was no other crown there—I went to the till again on Monday morning—I found only one crown in it, the same as I had left it ion Saturday—I paid the crown to Mr. Copeland—he brought it back in about an hour and a half afterwards—I discovered it was bad, and gave him five shillings—I gave the crown to the officer.
THOMAS COPELAND . I reside in the East India-road. On 24th Oct received a crown in payment from the last witness—I went to Coventgarden, and met with a friend of mine; I asked him to have something to drink; I then found the crown was bad—it was not out of my possession at all—I took it back to Mr. Death; he gave me good money for it.
JOSEPH MARSHALL (City policeman, 461). I was on duty in Aldermanbury on 9th Nov.—I took the prisoner into custody, at the request of Mr. Hodges—I touched him on the shoulder, and told him he was wanted, Mr. Hodges being some little distance behind—the prisoner turned round, and Mr. Hodges told him the charge—he said he did not know Mr. Hodges—there were one or two persons passing.
Prisoner's Defence. I never saw the gentleman before in my life till he
gave me into custody; a boy was by, and the policeman asked him if he knew me; he said that the man that gave him the 5d. piece was taller than I was; I had been working three weeks with Mr. Egerton; I get my living honestly, never by passing bad money.
GUILTY . Aged 25.— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
SAMUEL JARMAN . I am clerk to the Solicitor to the Treasury. I produce a certificate of the conviction of a prisoner which I received from Mr. Clark's office (read; Feb. 1853, Mary Ann Dyer Convicted of uttering counterfeit coin, and confined six months.)
Prisoner. Q. Are you certain it was me, and was not a twin sister of mine? A. No; it was you.
ALFRED HOARS . I keep a tobacconist's shop, in Clapham-road. On the 22nd of Oct. the prisoner came and asked lor a cheroot—I served her, she laid a shilling on the counter, I saw it was a bad one; I told her to sit down on a cigar chest in the shop, and I walked round the counter—she then stated she did not know it was a bad one (I had not said it was bad)—I waited till a constable came along, and I gave her in charge—before the constable came, I asked her where she got it—she said it was given her by an old gentleman outside—I went to the door, but could not see any person answering the description she gave—this was between 6 and 7 o'clock in the evening.
Prisoner. Q. Are you sure I am the person? A. Yes; you were given into custody at the time.
MR. BODKIN. Q. Did you attend before the Magistrate? A. Yes; she was remanded, and then discharged.
JAMES TAPLIN (Policeman, V 130). I received the prisoner in charge at the last witness's—I took her to the station; she was locked up that night—I took her to the Magistrate on the Monday, and she was remanded till the following Friday, and then discharged—having had those means of observing her, I have not the least doubt that she is the person—I produce a shilling I got from the last witness—the prisoner had a basket when she was taken—I looked in it and found a good sixpence—she gave her address, No. 17, Thomas-street, Old Kent-road; I went there, and found she lived there—I saw her sister in law.
ANN COTTON . My husband keeps a shop, No. 19, New-street, Brompton, On the 3rd Nov. the prisoner came there between 7 and 8 o'clock in the evening; I served her with two eggs, she paid me a bad shilling; I saw it was bad, I took the eggs from her—I had not given her change, I took the shilling in the parlour to my husband, and gave it him—my husband came in the shop and told the prisoner it was a bad one, and he would send for the policeman—he asked her where she was living—she told him the same that she told me, that Mrs. Saunders' servant had sent her with it, at No. 72, New-street—that Ls the street I live in, and there are only twentyseven or twenty-eight houses there—I told her there was no such No. as 72—she did not say anything to that; my husband gave her in charge.
COURT. Q. You gave the shilling to your husband; did you lose sight of it before you gave it to the policeman? A. No.
JOHN COTTON . My wife gave me the shilling. I examined it; it was a bad one—I asked the prisoner where she got it—she said Mrs. Saunders's servant gave it her to fetch two eggs—I said, "Where is the servant?"—she said, "She has gone to the greengrocer's to get some greens"—I said, "Where do you live?"—she said that was very immaterial—I got an officer and gave her in charge.
JOHN WRAY (policeman, B 137). I took the prisoner on Thursday, the 3rd Nov., about a quarter before 8 o'clock, at Mr. Cotton's shop. He said, in her presence, that she had passed a bad shilling, and he would give her in charge—she said that a young woman at No. 72, New-street, gave it her to get two eggs—there are only twenty-eight houses in that street—I received this shilling from Mr. Cotton.
Prisoner. I am not sure that this is the shilling. Witness, Yes, this is the shilling I received from Mr. Cotton.
GUILTY . Aged 18. — Confined Two Tears.
MESSRS. BODKIN and POLAND conducted the Prosecution.
DIANA HILL . My husband keeps the George, in Bedford-square. On the 2nd Nov. the prisoner came in the evening with a woman; they called for a quartern of gin, and the woman tendered half a crown—I drew the gin, but they did not drink it, became I saw the half crown was bad, and I took the gin away—I said the half crown was bad, and I gave it back to the woman—she gave it to the prisoner, and said, "Give me another"—he had no other, and they went away.
Prisoner. I never came in your house with any woman; there was nobody else with me; I was up stairs, and when I came down there was a woman, but I was along with no woman.
BENJAMIN HIGGS . I keep an eating-house, in Panton-street. On the evening of the 2nd Nov., about half past 5 o'clock, the prisoner came to my house, and called for 3d.-worth of pudding; my shopman served him, and he put down a bad half crown—my shopman gave it me—I said, This is bad; I shall nail this down on the counter"—there were three or four nailed down, and I nailed his down the same—he said he had had it given him, and he would take it back—I said no, I should nail it down, and he might do as he liked—he went away rather quickly when he saw what I was going to do—I do not know which way he went—the next morning I gave the half crown to the constable—it had been in the meantime nailed down to the counter.
ISAAC CAMR . I am shopman to the last witness. I saw the prisoner at my master's shop—I served him 3d. worth of pudding—he gave me half a crown to take for it—I found it was bad—I gave it to my master—he nailed it to the counter—the prisoner went away.
Prisoner. Q. I never was near the house; do not you think you might be mistaken? A. No; I am sure you are the man.
CHARLES SHEPHERD LENTON . I am a surgeon, and live in Leicester-square. On Wednesday, 2nd Nov., the prisoner came, about 6 o'clock in the evening—my assistant served him 3d. worth of medicine in a bottle—he put down a half crown on the counter—I examined it, and found it was bad—I told the prisoner it was bad—he said, Oh, is it?"—I said, "Yes, it is.
and you are perfectly aware of it"—I went to the door for a constable, and the prisoner left the shop—I followed him, and saw him go into a publichouse, in Green-street, near my house—the constable came up, and I told him the circumstance—I gave the constable the half crown—I pointed out the public-house to the constable—there was a woman with the prisoner—I did not see the prisoner taken.
Prisoner. Q. Can you swear I was the same man? A. I believe you to be the man; you were very drunk at the time—I cannot swear you are the same man.
MR. BODKIN. Q. You saw a man charged before the Magistrate; was that the man that was at your house? A. I believe so; I have no doubt of it.
JAMES SCOTT (policeman). On 2nd Nov. I received information from the last witness—he pointed out a public-house—I went there with him—I did not take the prisoner—I received a half crown, which I gave to Butcher, who took the prisoner afterwards.
ELKANAH BUTCHER (police-sergent, C 27). I took the prisoner on this charge on 2nd Nov.—I found him about 10 o'clock at night, in Whitcombcourt, Princes-street, Leicester-square—he was rather the worse for liquor, but he was capable of walking along—he was standing against the wall, talking to a female—I told him what I took him for—he said I must be mistaken in the man—I received this half crown from Mr. Higgs, and this other from the last witness.
Prisoner's Defence. I was in barracks on 2nd Nov., and a friend called, and asked me to go with him and have a drop of porter; I went to Leicestersquare, but I never was in his house in my life; it was 10 o'clock at night when I was taken; he says he saw me go into a public-house at 6 o'clock; why did he not give me in charge? there was nothing of the kind found on me—I have been fourteen years in the regiment, and had a good character.
GUILTY . Aged 32.— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
EMMA COATES . I live at Mr. Wiggins's, at Hoxton; my husband and I have apartments in the house, and I assist in the business. On 5th Oct. the prisoner came, about half past 6 o'clock in the evening—a young man was with her—they called for a pint of the best ale—the prisoner put down half a crown—I put it into the till, and gave her 2d. 2d. change—I am quite confident that when I put that half crown into the till there was no other half crown there—Mr. Wiggins was in front of the counter, and he came round, and I heard him sound some coin, but I had then left the bar—the prisoner was then gone; she only stayed about three minutes after she got the 2d. 2d.—I had not left the bar five minutes when Mr. Wiggins called my attention to a half crown he had in his hand—he marked it, and kept it apart till he gave it to the policeman—on 22nd Oct. I was coming down stairs, and saw the prisoner leaving the bar—my sister, Sarah Evans, was attending to the business—I spoke to Mr. Wiggins, who was in the bar, and my sister passed a shilling to me—I broke it, and I kept it till it was given to the policeman—on 3rd Nov. my sister came to me up stairs, and told me something—in consequence of that I went down—a female was just going out of the door; I did not see her face, only her back—Mr. Wiggins went after that person—my sister had at that time a shilling in her hand; she gave it to me, and I bent it—it was kept with the others till it was given
to the policeman, on 4th Nov., and at the same time I gave him a half crown I received from Mr. Wiggins.
Cross-examined by MR. RIBTON. Q. The 5th Oct. was the first time you saw the prisoner? A. Yes, about half past 6 o'clock in the evening—the gas was lighted—it was a wet day—the prisoner was in the shop about three minutes—on 22nd Oct. it was about 9 o'clock in the evening when I saw her—there were not many people there—she had just put the glass down, and was going out at the door—the third time I did not see her at all—I afterwards went to the police-court, and saw the prisoner in the cell—the officer said he had got a woman that passed bad money, and he wished to know if it was the same, and it was—she was dressed in a black velvet bonnet, a light gown, and a cardinal, or cloak—there were about sixteen women there—on 5th Oct. I put the half crown into the till; I am quite sure there was no other half crown there—I saw there was some sixpences and shillings there; not more than 10d.—I did not turn them over, but I am sure there was no half crown.
MR. BODKIN. Q. Did any other person attend or take any money that evening after you put the half crown in? A. No; the second time I was coming down stairs, and saw the prisoner leaving the bar—I saw her face, and recognized her, and she recognized me with a smile—I went to the police-court, and saw about sixteen women—the officer did not in any way direct my attention to any particular woman—I do not think I was a minute before I selected the prisoner—she sat on the right hand, and I picked her out immediately.
SARAH EVANS . I am sister of the last witness; I sometimes assist at Mr. Wiggins's. I was there on 22nd Oct.—I remember seeing the prisoner come in—I served her—she gave me a shilling—I put it on a slate book in the till; that kept it apart from other shillings in the till—the slate book is about three quarters of an inch thick, and I put the shilling on that—just at that time my sister came down stairs; she said something to me about the woman—in consequence of what she said, I looked for the shilling; I found it on the slate book, just as I left it—I am sure that I took from the till the same shilling that I put there—I gave it to my sister; I saw her bite it—on 3rd Nov. I was attending in the bar—the prisoner came again, and asked for a glass of the best ale—she gave me a shilling in payment—I remembered her as the person who had been there before, and in conesquence of that I handed the shilling to Mr. Wiggins—he said, That will do"—I told him I did not like the sound of it—the prisoner heard that, and, she said, I can give you another, Miss, if you don't like that"—I gave her the change, and put the shilling on one side of the till—there were other shillings in the till, but I put that shilling separate from them, because I knew the prisoner was the woman that came before—I went and spoke to my sister—she came down, and just saw the prisoner going out.
Cross-examined. Q. You saw the prisoner on 22nd Oct., and on 3rd Nov.; had you ever seen her before? A. No; it was about half past 8 o'clock in the evening when I saw her on 22nd Oct.—there were not many people in the shop—she was not there more than three minutes—there was other money in the till—the slate book was lying on the other money—I put the shilling on the slate book—the till is about half a yard long—three minutes had not elapsed before I took the shilling out again—when my sister came down stairs I gave her the shilling—on 3rd Nov. the prisoner was not in the shop more than two or three minutes—I took, the
last shilling, because I passed it to Mr. Wiggins, and he said, "That will do"—I put it on one side, in the till, away from other money.
MR. BODKIN. Q. And you found the first shilling away from other money when you took it out? A. Yes: I found the shilling on the slate book again.
THOMAS WIGGINS . I keep the beer-shop. On 5th Oct. I went and opened the till—I saw a half crown there; it was the only half-crown there—I immediately pronounced it bad—I marked it, and put it aside—I gave it to Mrs. Coates on 4th Nov., to hand to the policeman.
Cross-examined. Q. What time was it you took the half crown out of the till? A. It was in the evening; I cannot tell the time—there was small money there, but no other half crown—I know the half crown had not been there a quarter of an hour—on 3rd Nov. a shilling was handed to me, and I said, "That will do; "but I merely examined it cursorily.
JOHN SIMMS . I keep a beer-shop in Jubilee-place, Stepney. On Saturday night, 5th Nov., the prisoner came to my shop—I served her with a glass of ale—she tendered a florin in payment—I examined it—I said it was not a good one—I returned it to her—she seemed very much surprised, and said she had got some more good money—she gave me a half crown, and I gave her change—Evans, who was standing at the bar, took the florin out of her hand, and bit a piece out of it—a policeman came in, and the florin was given to him—I saw it given; it was the same.
Cross-examined. Q. How many people were standing at the bar? Three or four.
CHARLES EVANS . I was in Mr. Simms' shop on the night of 5th Nov.—I saw the prisoner there—she tendered a florin, which Mr. Simms returned to her—I took it out of her hand, and broke a piece out of it—I said, "Don't you know anything about it?"—the prisoner said, "I know where I took it, but I know they won't change it"—the policeman came, and I gave it him.
ROBERT YOUNG (policemen, K 126). I went into Mr. Simms' shop on Saturday evening, 5th Nov.—the prisoner was given into my custody—the last witness gave me this florin—I asked the prisoner where she got it—she first said she knew where she got it—I asked her where; she would not tell me where from—I asked where she lived; she did not make any answer.
GUILTY .* Aged 26.— Confined Eighteen Months.
OLD COURT.—Wednesday, November 30th, 1853.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Baron ALDERSON; Mr. Justice TALFOURD; Mr. Ald. HUMPHREY; Sir JAMES DUKE , Bart., Ald.; MR. RECORDER; Mr. Ald. MOON; Sir ROBERT WALTER CARDEN , Knt., Ald.; Mr. Ald. CUBITT; and RUSSELL GURNEY , Esq.
Before Mr. Baron Alderson and the Third Jury.
PLEADED GUILTY . Aged 36.— Confined Two Years.
(There was another indictment against the prisoner for b——y; upon which MR. BALLANTINE offered no evidence.)
37. FRANCIS FRIEND, JAMES FRIEND, ROBERT BRIND, JOSEPH HARPER, JOHN ROBINSON, MARTIN O'CONNOR, THOMAS CLARK , and JOHN COCKERELL , were indicted for unlawfully combining to deprive Frederick Spence of his employment.
MR. BODKIN conducted the Prosecution,
FREDERICK SPENCE . I am a journeyman copper plate printer. Some months ago I was employed in that trade, in the service of Mr. Tallis, of No. 100, St. John-street, Smith field—I was in his employment for some months—I left him on 10th Sept., on account of the slackness of work—on 13th Sept. I applied for employ to Mr. Jackson, of Angel-street, St. Martin le-Grand—he is a publisher—Mr. Jones is the manager of the copper plate department—I made an engagement with him for that week, and perhaps the next, but that week certain—generally speaking, the week terminates on the Saturday, but at Mr. Jackson's it terminates on the Friday—you write your bill up to Thursday night, and the week terminates on the Friday—I did the work I was employed upon, and on Friday, 16th, I was paid for my work; I had only been there three days then—the termination of the week was not specified to me when I was engaged; I understood it would be on Saturday—I did not expect the week to be seven following days—Mr. Jones paid me for what I had done—I asked him for more work—he declined to give me work—he did not pay me till after I had this conversation with him—before he paid me, I asked him why I was not to get any more work, and he referred me to Francis Friend; Francis Friend was the oldest workman on the establishment at that time—I saw him, in consequence of what Jones said—on the day before, the 15th, I had observed what is technically termed in the trade the calling of a chapel by the men—that was before dinner; it was attended by the whole of the defendants, and one besides, but he has been excluded from the prosecution—I was not present at the chapel; I was in the shop.
COURT. Q. How do you mean thatyouwere in the shop, but not at the chapel? A. I was excluded from the chapel; the chapel is a congregation of the workmen altogether to discuss a certain subject—that was held in the same room where I was—I saw the chapel called; I could not hear what they said—I did not ask to be a party to it; they did not call me.
MR. BODKIN. Q. How long were they conferring? A. It would be impossible to say how long, except by guess; it might be three, or four, or five, or six minutes; I could not say positively; it was a short time—they assembled at the opposite end of the shop to that at which I stood—after dinner I observed another assemblage of the men of the same kind the same persons attended it; I was at the same place as before, at the press—that was all that took place on the Thursday—before I applied to Jones on the Friday for more work, I saw Francis Friend, and said to him, "Mr. Friend, do you consider that the chapels held yesterday had any reference to myself?"—he said that he certainly did; it was concerning my being at Tallis's—I then expostulated with him upon the injustice of such proceedings, and cited the case of one George Shaw, who had been discharged from Mr. Tallis's and had been taken into the employment of Mr. M'Queen, the copper plate printer, of Tottenham-court-road, and that the men had not refused to work with him there—I also referred him to the case of Pyall, who had been employed by Mr. Bacon, and the men were working with him—Pyall had been in Mr. Tallis's employment—I mentioned several other cases; to all of which he said that he knew nothing about it; he did not trouble himself with trade affairs, and he could say nothing to it—nothing further passed on
that occasion—it was after that that I applied to Jones for more work—he referred me to Friend, and I went to him—the whole of the defendants were in the room at the time—Brind was sufficiently near to hear what passed between us; he was not more than fifteen or eighteen inches distant; the others were at their respective presses, at their work; it would be a matter of uncertainty whether they heard what passed—I asked Friend the reason why the men would not work with me—he said he thought I had a job to go on with (not a job at another place, but another job for Mr. Jones), and he was not prepared with an answer then; he had forgotten the reason; and if I would come after dinner he would be prepared with an answer—I think this conversation took place about 25 minutes to 1 o'clock—I then left the shop, and returned about half past 2 o'clock—I found Friend and the other defendants there; they were all at work—I spoke to Francis Friend, and told him I had come for the reason why they declined to work with me—he said there were two reasons; the first was my having gone to work for Mr. Tallis, which was a house they disacknowledged; and the second was my belonging to a third society, which they also disacknowledged.
COURT. Q. What do you mean by a third society? A. There are two societies in the trade; one is enrolled, and one is not; and this is a third society—there are two societies that they do acknowledge.
MR. BODKIN. Q. Did you then say anything to him? A. I reasoned with him on the injustice of this proceeding towards myself, and repeated the arguments I had made use of respecting the men, and finally asked him Whether this persecution was to continue against me always, or whether because I had worked at Mr. Tallis's house, I was never to get into any respectable house again, and why I was selected as a victim—to the first question he replied, that he could not give me an answer; and respecting My being a victim, he said I was not selected as a victim, or the only one, but it extended to the whole of the men employed in Mr. Tallis's house—I do not recollect anything more that passed—I then left the employment—I was requested to call at 6 o'clock in the evening to receive my money, which I did—there had been a difference between the employer and the workmen at Mr. Tallis's house before I went there.
Cross-examined by MR. BALLANTINE. Q. You are in employment now, are you not? A. I am, and have been ever since I left Mr. Jackson's, with the exception of a few days—there are other workmen there—it is not a permanent engagement, I am liable to be dismissed at any moment; it is at Mr. Tomlinson's, of Queen's-head passage, Newgate-street—there are six or seven workmen there—I was not aware of that engagement when I left the other house, I did not know that I was going there—I went to Mr. Tomlinson's direct, immediately after my dismissal—J was not hired at once, I was hired the following week—I am the prosecutor of this indictment, I am supplying the funds for the prosecution; I have received a little assistance indirectly, but not from my society, from various individuals; any one who feels interested in giving me a trifle I accept it, they are friends of my own—Mr. Tallis is not at all engaged in this prosecution, neither directly or indirectly.
CHARLES WILLIAM JONES . I am foreman and manager of the copperplate department, in the service of Mr. Peter Jackson—it is part of my duty to engage workmen in that department, and to discharge them—on 13th Sept. Spence applied for work at our house—I gave him work; the defendants were all working in the shop at that time—Spence worked there
on the Wednesday and the Thursday—on Friday, 16th, he applied to me for more work—I declined to give it him—before he applied to me for more work, a communication was made to me by Harper and Robinson, I cannot say whether that was on the Thursday or Friday—Harper asked if I knew anything of the man Spence—I said, No; I do not"—he said he was a party that he should not like to work with—he mentioned about his working at Tallis's—that was all that Harper said.
COURT. Q. Did Robinson say anything 9 A. No; he merely said yes, or no, to what the other said—I said, Well, I don't know anything at all about it"—Robinson merely said, Yes," in confirmation of what Harper said—I might have said something which caused him to say so, I do not know that I did say anything—Robinson did not say that Spence was a man he would not like to work with; he merely said Yes"—I do not believe he said Spence had worked at Tallis's—I do not know that the Yes" applied to anything in particular; I might, perhaps, have asked him if that was so; I do not know that I did—I might have asked him if the man had been at Tallis's, and he might have said yes—that is all I can remember about him.
MR. BODKIN. Q. Do you remember whether anything was said about associating or not associating with him? A. Yea; he said he was a person he should not like to associate with—either one or the other of them said that.
COURT. Q. That is in substance what Harper said before, He is a person I should not like to work with; "that what you mean t A. Or make a companion of, or associate with; he used the word associate."
MR. BODKIN. Q. Did either of them say what they would do, or what they would not do, if Spence was allowed to continue to work there? A. No, nothing at all was said about that—Spence applied to me on the Friday after for more work—I did not employ him for two reasons; the first was that I knew that the party wanted him where he was going to; that was at Mr. Tomlinson's—I did not give him that as a reason—I said nothing to him) about it—when he came to me, he asked, was there any objection to him, for he had seen that the men had come in to me—he said that the men had been in to me, and did they say anything about him, or was there any objection to him? and I said I did not know—he said, Can I ask the men about it?" And I said he could do so.
Q. If Harper and Robinson had not made that communication to you, should you have discharged him? A. Well, I engaged him for a very short time—the three days that I engaged him for were completed when I discharged him.
COURT. Q. Then why did you not re-employ him? A. Because I knew if he left us, he could go to Mr. Tomlinson, where he had been employed for a long time; and he expressed a wish to me to employ him again; and if he called on the Monday, he would do so—I thought several times in the course of the morning whether I should discharge him or not; and as this communication had been made to me by the men, I thought he was a person perhaps that would not be comfortable while he stopped there, that he might be sent to Coventry by them; so I thought, taking all things into consideration, as there was a place for the man to go to, that I had better discharge him—I thought he would be more comfortable in a place where he had been working than with parties who would not consider him as an associate.
NEW COURT.—Wednesday, Nov. 30th, 1853.
PRESENT—MR. RECORDER; Mr. Ald. MOON; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Fifth Jury.
PLEADED GUILTY . Aged 12.— Judgment Respited.
PLEADED GUILTY . Aged 30.— Confined Twelve Months.
PLEADED GUILTY .** Aged 22.— Four Years Penal Servitude.
MR. PAYNE conducted the Prosecution.
WILLIAM ALLATSON . I live at No. 68, Old Bailey, two doors from Shipcourt—I am a watchmaker and jeweller—I was at home last Wednesday evening, sitting at work in my shop, and a young man sitting beside me—I heard a report, which I at first thought was the report of a gun or cannon—I jumped up immediately, and saw a man's hand in the window—this stone had come through the window, and came to the inner sash and broke it all to pieces—if it had been an inch higher, it must have hit me on the head—I could see the hand, not the person—my young man went to the door, and could not open it—I went myself to the door and jerked it, and broke this rope, which had been tied to the handle of the door and to a staple—I saw the hand take a watch from the hook, and it jerked the others off—it was a gold watch, with a three quarter lever, worth sixteen guineas—I aw a little girl come across the road, she told me what she had seen—I live in the house; it is my dwelling house, and is in the parish of St. Martin, Ludgate.
Cross-examined by MR. COOPER. Q. It was a very foggy night? A. Yes; I thought about shutting up—the fog was not very thick—I do not know that it was one of the thickest fogs we have had for a long time—it was foggy, but I could see across the road.
COURT. Q. What lights had you in your window A. Three gas lights, and one on the counter in the shop—one light in the window is high up, which throws a light down, and there are two others in the window—the lights throw a light out of the window, and on to the other side of the road—I believe there is a street lamp on the next premises to mine, and there is a light at the corner of Mr. Williams's dining room—my house is exactly opposite Mr. Williams's boiled beef house—there is always a light in his window.
MARIA SANDS . I live in Norman-street, St. Luke's, with my mother, who is a brush maker—I was in the Old Bailey last Wednesday evening, about half past 6 o'clock—it was a foggy night—I was standing at Mr. Williams's boiled beef house—I was standing on the step, and I saw two men come out of the court opposite, on the same side that the robbery was
—the same Bide as the watchmaker's—the men stood peeping, one of them had a rope, and the other a stone—the prisoner is the man who had the stone—the other man tied the door with the rope—I went across the road to see what the man was doing; I thought he was going into the watchmaker's shop—there are lights in the shop—when I got across to the watchmaker's shop, I saw the prisoner throw the stone in the window, and take the watch—he then went away—he walked a little, and then he ran with the other one—I saw the watchmaker come out of the shop—I told him what I had seen—I am sure the prisoner was the one who had the stone—I think I saw him again last Friday—I knew him when I saw him.
COURT. Q. Where did you see him again? A. At Guildhall—I had noticed that the prisoner had a red handkerchief with white spots on it, and a brown coat doubled, at the time he took the watch—I looked at his handkerchief.
Cross-examined. Q. You saw white spots in the handkerchief? A. Yes—they were square spots—I cannot tell whether it was this handkerchief—it was like it—there are many spots on it—when I was first taken by the policeman to see this man, I did not see any one with a red handkerchief—I did not recognise any one—then the policeman put the red handkerchief round his neck, and I said that was the man—there were two other men besides the prisoner—I did not recognise any till the policeman put the handkerchief round him; then I said, That is the man"—I did not see the policeman put the handkerchief round him—I went out of the room; I then came in again, and saw him—it was very foggy that night, but it was getting a little clearer then—I never saw the prisoner before in my life.
MR. PAYNE. Q. How near did you get to the man, so as to be able to see him? A. I was on the pavement, not far from him—when I saw the prisoner with the handkerchief on, I recognised him.
COURT. Q. What were you doing? A. Waiting at Mr. Williams's to be served—I had a cloth with me—when I saw those two men come from the corner of the court, 1 went across, and got on the footpath nearer to Ludgate-hill—when I got on the footpath, I looked at this man who had the stone—he turned his face towards me, and then he turned his back—there was a bright light in the shop; it shone on the man's face—when I saw him at Guildhall, he was dressed just the same that he was that night, but he had not the handkerchief on then.
CORNELIUS DOLOHUNTY (City policeman, 367). I stopped the prisoner on some other affair, about' a quarter past 7 o'clock on Wednesday night, in Bridge-street, Blackfriars—he was taken to the station, and taken before the Magistrate on the Thursday—the last witness saw him on the Friday, in one of the waiting rooms—I had heard of the robbery in the Old Bailey, and I told the Alderman, and he sent for Sands, and the prisoner was remanded—when I came to the Court, I went in first, and put a handkerchief on the prisoner, as he was when I took him into custody—he had this handkerchief tied round is mouth when I took him—there were two other men brought up with the prisoner—Sands did not see him before the handkerchief was on in my presence—I got the prisoner himself to put the handkerchief on; and when Sands saw him, she identified him—she went round the three men, and went round the prisoner, and said that was the man—the prisoner said at the moment that he was at home (he had given his address at the station in Flint-street, Friar-street, Blackfriars-road), and I said, You could not be at home, as only three quarters
of an hour had elapsed from the time of the first robbery till the time I took you"—he then replied that he only wore the handkerchief ten minutes previous to my taking him—Flint-street is close to the Surrey Theatre.
COURT. Q. It would not take three quarters of an hour to go there? A. To go there and back, it would—he said he only wore the handkerchief ten minutes before I took him, and he had come directly from Flint-street—I had not received any description of the man at that time; but when I showed him to Sands, I had received a description from the station—it was me consequence of the description I put the handkerchief on him.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
HENRY MADDISON . I am assistant to a jeweller; I live in Tennison-street, York-road, Lambeth. On Wednesday night last I was on the London side of Blackfriars-bridge about a quarter past 7 o'clock—I saw the prisoner—he walked by my side for about two yards—he was so close that I could see him—I then felt something at my pocket—I had my watch in my waistcoat pocket, and this Albert chain on, as I have now; and at the instant I saw my watch in his hand—I instantly took my Albert chain with one hand, and the prisoner with the other, and called out, Police!"—there were other persons about—the prisoner got from me, but not above a yard or a yard and a half—he passed a female, and I saw him hold his hand out to her; but whether he had the watch in that hand, I would not swear; but just before he had my watch in his hand.
Cross-examined by MR. COOPER, Q. It was very foggy? A. Yes; there were not a great many people about—this took place in a minute; he got from me, but not above a yard and a half—it was foggy, but not so thick as it was an hour before—there was not a fight at that time—there were not several women about—there was one.
MR. PAYNE. Q. Are you quite sure you could see your watch in his hand before he got away A. Yes, quite.
Cross-examined. Q. Were there a great many people about? A. Yes; the prisoner came the same way that the prosecutor came—I only noticed two or three females—when I brought the prisoner to the prosecutor, I sup pose there were twenty persons about—I had to bring the prisoner back a yard or two—I was on the other side, and I stooped that I could witness what was doing, and I crossed—it was foggy, but not so thick as it had been an hour before.
MR. PAYNE. Q. Bid the prosecutor accuse any other person? A. No; he said he had not lost sight of him—a knife and 1 1/2 d. were found on the prisoner; he had this handkerchief on at that time.
GUILTY . Aged 18.— Four Years Penal Servitude.
MR. SLEIGH conducted the Prosecution.
the house. On Tuesday evening, 18th Oct., I had occasion to leave the house, between 7 and 8 o'clock, with Mrs. Hedge—I left no person in the house; I secured the outer doors—I returned between 11 and 12 o'clock the same evening; I went in at the front door—I found the outer washhouse door which I had left fast, open—it was broken open by forcing the bolts.
COURT. Q. Was the wash-house door outside? A. Yes; at the back of the premises—I found the front door the same as I left it—there is an inner door between the wash-house and the other parts of the house, which leads into the kitchen, that was broken open—it was forced open from the bolt—the bolt was pushed away—I went up to the bedroom, and found the drawer the money had been in, broken open, and the money taken away—I had left 12l. 18d. 10d. in that drawer—there were two half sovereigns, and all the rest in silver—it was in a canvass bag—there was one sixpence with a hole in it, which I had had by me for two or three weeks.
MR. SLEIGH. Q. I believe there was a watch taken away from a cupboard? A. Yes, a silver watch, from a cupboard in the front room down stairs—in the drawer in which the money was there was a silk handker chief, which was missing; and from my-wife's workbox two eardrops had been abstracted, and two small pieces of silver, one of which had a hole in it—this is my silk handkerchief (produced); here is the "G. H." on it, marked with silk by my wife—this watch is mine, I had had it about nine months—it belonged to Mr. Pitkins, who is here; I had it to take care of—I know this sixpence with a hole in it—I am quite satisfied this is it; I had had it three weeks before—I know it by its being an oldish one—these eardrops are mine.
Cross-examined by MR. O'BRIEN. Q. Did any one live in the house with you except Mrs. Hedge? A. No; there are other houses in the same street adjoining mine, on both sides—there are gardens at the back—it was dark before I left—it was between 7 and 8 o'clock—I locked the front door, and I had bolted the back door myself about two minutes before we came out—I recollect bolting it—I saw those articles again on the 19th, about 12 o'clock—my house is only one story high—I know Pluck well; he lives about 100 yards from me, in the same row of houses—there is a beer shop at the top of the street—the nearest public house to my house is the Eagle.
COURT. Q. Do you know Charlton at all? A. Yes; he lives next door to Pluck—I know Pluck well—lie was in the habit of coming to my house—he knew I was not without money; he had seen me with money in my pocket—I do not expect he had any means of knowing I had that money in the drawer.
SARAH FROST . I am the wife of George Frost; we keep a beer shop at the top of Claremont-street, Edmonton. I know the Eagle public house—on Tuesday night, 18th Oct., about 8 o'clock, I saw Pluck and Charlton at the top of Claremont-street—I knew them previously quite well—I cannot tell how far they were from the prosecutor's house—his house is at the bottom of the street, and these men were at the top—it is rather a longish street, about a quarter of a mile—these men were in conversation—Charlton came up at the time I was standing there, just in front of my house—I left them in conversation—I did not stand there above two or three minutes—I went into my own house—Pluck stood with his back against our sign-post.
Cross-examined. Q. Do they both live in the same street? A. They; both lodge there, I believe—I believe Pluck's house is nearer to where I saw them than Hedge's is.
JAMES BOSHER . I work in a brewery. On Tuesday evening, 18th Oct., I was at the Roebuck public house, which is about three quarters of a mile from Claremont-street, Edmonton—it was about 11 o'clock at night—I saw Pluck there—I had known him a little while—he had a bag with some money in it, but what there was I cannot say; it was a largeish bulk, and he had a handkerchief likewise—he pulled the bag out of his pocket; it was darkish, something like a sample bag—I think it was canvas, I could not say—it looked more like that—he had a handkerchief round his neck; he pulled it off and put it in his pocket—I should know the handkerchief again if I were to see it—this is it (looking at it)—lie drew a watch from his waistcoat pocket, and he showed it to all that were in the room—he tried to open it, but could not for a little while, and he said he would throw it across the room—at last he opened it, and showed it to all round the room—when he first came in he saw me, and said, "Will you stand half a pint of beer?"—I said I had got no money, and after a little while he drew the bag from his pocket, and said, "Never mind, I have got plenty of money, let us have a pot"—this is the watch he had—I did not have it in my hand, but I looked at it the same as others—there was no key or guard to it—he said he had left the key and guard at home on the shelf.
Cross-examined. Q. He had a handkerchief round his neck? A. Yes; this same handkerchief, that I can swear positively, without any doubt—I had not the curiosity to take it and examine it—I swear to it by the colours—I am not a particular good judge of colours—I took notice of it when he first came in—I had been in the beer shop about half an hour when he first came in—we had one pot of beer amongst four of us—I can positively swear to this handkerchief—I sat close to him—I saw him have it on his neck, and saw him take it off"—I did not describe it to any one before I saw it next—though I had not the watch in my hand, I can swear this is it—I sat close to him—he held it under the gas light for everybody to look at—I took such, a view of it that I can swear it is the same—I cannot tell how many were there—there were only four of our own party, one was Bail, one was Bass, one was Brown—Brown and Bass are at home at Tottenham—I do not know who served us at the public house, whether it was the landlord or the lady—the potboy always brings it in—the boy is not here, nor the landlord, nor the landlady—I think there were six or seven in the room when this watch was handed round—the bag was a dark canvas bag, I saw it had something in it: a large bulk—I cannot say whether it was leather, it was a dirty bag, like a sample bag, such as they carry samples of corn and seed in—it was something like this one—I did not look at the clock, when he came in—I know it was about 11 o'clock from the time we left our own place—we left just before them—Clark started first I know—Bail is here—he remained in the room with me till I left—we both went away at one time—we do not live one way—he and I were at work together that day—we work together now—we had only one pot of ale before Pluck came—I do not know how much more we had—we did not stop a great while—we had not above two pots between ourselves—Pluck called for one—somebody else came in with him—when I left, Pluck was gone—the party who came in with him left before him—it was two men who came in with him—I did not know either of them, they were strangers to me—I live at Tottenham; I work at the brewery which is near the Roebuck—one of the men who came in with Pluck had a smock frock on; I did not take much notice of the other—they did not remain long after they came in, perhaps a quarter of an hour—they did not sit down.
JOSEPH BAIL . I am a carman, and live at Tottenham. On 18th Oct. I was at the Roebuck when the last witness was there—I saw Pluck; I knew him previously by sight—I did not know his name—we were there just before 11 o'clock—I know the time by the time we left work—after we were there, Pluck came in the parlour where we sat—there were four persons in our company before he came—there were no strangers—Pluck first asked Bosher if he could stand half a pint of beer—lie said-no, he could not—Pluck then offered to toss for a pot, and after that he produced money in a bag, something similar to a sample bag—it was rather a dirtyish colour—I cannot say whether it was canvas or leather—it was not leather—I did not see him take any money out of it, but it appeared to have money in it—he took out a watch, and showed it round—it was in a silver case—I think this is the same watch—I did not have it in my hand—I was near to it—he handed it round in his hand—he showed a handkerchief—I believe this handkerchief before me to be the one—we did not stay long; we left Pluck there when we came away.
Cross-examined. Q. You say you and Bosher and two others went in together? A. Yes; there can be no doubt about that—I am sure that I and Bosher did not go in alone—we four went in—I live close by where I work—there was Bosher, and me and another one next door, and another one—we were all in the lane together when we met, 200 or 300 yards from the Roebuck—we found no one in the Roebuck when we went in—there was nobody in the parlour but us four when Pluck came in—he came into the parlour alone the first time—he went out, and was a very short time gone, and another one came in with him into the parlour.
Q. Are you sure it was only one A. When we came out there were two others—another came in, and looked in at the door—he did not come into the parlour, that I noticed—I do not know that he came in and partook of any of the beer—Pluck did not treat us with a pot of porter; if he did it was more than I knew of—he might have treated some of the other company—he offered to toss for a pot of beer; whether he stood any I do not know—I do not know whether he tossed any one or not—I do not know whether the other man did that he brought in—I have seen that man on the road; I do not know his name—I have not seen him since to my knowledge—he did not remain long—I can speak positively to the handkerchief—I saw it at the Roebuck, and I saw it at the Angel, where the Magistrates sat—I cannot say how many days that was after I saw it at the Roebuck—I was fetched, but what day it was I do not know—I think it was about 28th Oct.—it was in Oct., I know—I do not remember the day—it might be a week after I was at the Roebuck—it was on a Thursday; I was at the Angel—it was the Thursday week after I was at the Roebuck—that was the first time I had seen the handkerchief, except at the Roebuck—I saw sufficient of it at the Roebuck; there was plenty of time to see it—when I saw it at the Angel, I knew it as soon as I looked at it—I did not take it in my hand and examine it—I felt it—it was by feeling I knew it—I felt it at the Roebuck—I knew it because I saw the mark on it—Pluck did not show me the mark, but it happened to be where I touched it—I saw the mark at the Roebuck—I believe it to be a mark—this is the mark, here are the letters "G. H."—I swear I saw "G. H." at the Roebuck—I did not point out the letter when I was at the Magistrate's; I was not asked—I did not hear all Mr. Hedge's examination; I was not there quite so soon—I was there when I identified the handkerchief—I was not there when he pointed out the marks—I told Mr. Hedge I saw the letters on the handkerchief—I told
him so that afternoon, after we had been first to the hearing—I had mentioned it before I appeared before the Magistrate—I had mentioned it to those who spoke about it—I had mentioned it to Mr. Hedge and Mrs. Hedge—I cannot tell how many days that was before I went before the Magistrate—it was after I had the summons—I was not in the Roebuck above an hour—I walked to the Magistrate's with Bosher; we were both fetched together from our work—I heard of the robbery the following morning—some one came and told Bosher—I knew Hedge; he belonged to the same society that I did—I do not know whether Bosher knew Hedge—I heard of the robbery the next morning; some time before dinner—I saw Hedge three or four days before we went to the Angel—I did not go to Hedge's house after seeing "G. H." on the handkerchief—I do not know where he lives, to the present time—I know where the street is—I could find out the place of the robbery if I went to look; but I had plenty to do without going—I did not go to Mr. Hedge at all, I met him—I did not notice that any money was produced out of the sample bag in the Roebuck—he opened the bag, and nestled it up—I could see it was silver—by what I could see it looked very much like a sample bag—I do not say that I will swear to this watch without any doubt—I thought it was the same—it looks very much like it—I believe it to be the same; I had not it in my hand at all—when the money was shown in the room there were only us four and Pluck—there was one came in directly afterwards—the baker and Brown are at Tottenham.
MR. SLEIGH. Q. How was it you saw silver in the bag? A. He opened it, and put it up a little; I did not see it in his hand, but I saw it—all that I saw was silver—I went away from the Roebuck with Brown, Bosher, and the baker, Bass—while I and the others were there one or two came in, and went out again.
THOMAS HACK (policeman, N 411). In consequence of information, I apprehended Pluck on the morning after the robbery, in the tap room of the Bell, at Edmonton, about a couple of hundred yards from Claremont-street. I took him to the station, and I then went to the house where he lodged, in Claremont-street—before I left him, I said I was going to search him, and he pulled out what property he had in his pocket, and said it was his own—he pulled out a knife, 1l. worth of silver, and 6d. worth of copper—I then went to his lodging, in Claremont-street—his mother and sister live there—it is his mother's house—I searched, and found a 4d. piece and a 1 1/2 d. bit, I believe, or a 3d., or something of that sort—the big piece has got a hole in it—I think it is a id piece; no, it is a 3d. piece (looking at it)—in the bed room I found these two pieces of money and these ear drops, in a flower pot on the table—there was a flower pot there, and flowers, and dirt—they were deep in the dirt—these are the fear drops—I did not find anything else in that room—I found this watch and 11l. 18d. 10d. in money, buried in the lower part of the garden at the back of the house, five or six inches in the earth—the ground appeared as if recently disturbed—it was about ten yards from the house—this is the money (produced)—another officer, Maskall, was with me—I believe he scraped the dirt off, himself—this handkerchief was found in the garden—the money and the watch were in the handkerchief—I did not find anything else in the bed room when I found the silver pieces.
Cross-examined. Q. What part of the house was this bed room in? A. The back room on the ground floor as you go in—I did not search the top bed room—the mother was ill—it is a small house—there are three or
four rooms—there is a front and a back room on a floor—I have seen Pluck go in that house—I have been a policeman there, very nearly three years—this house is in a row of houses of the same sue and character—the gardens run all along—it would be rather difficult to get from one garden to another—they are paled off—I should say the palings are three feet high—they are spiked—I should not like to step over them—on the other side of the garden is a wall I believe nearly seven or eight feet high—no man can see over it—I went there about 8 o'clock in the morning—I was there about half an hour before I found the money—I apprehended Pluck about 8 o'clock—he handed me this bag out of his pocket, which had the money in it—when I went to search the house, I saw his sister, but no one else belonging to him—I believe the prosecutor was there.
COURT. Q. Did you see that the mother was sleeping in the bedroom up stairs? A. Yes, she was ill—I only know that from what the daughter told me—one of these pieces is a 3rf. piece; the other is a half cent, or a half dime.
GEORGE HEDGE re-examined. I had an American coin—I had a half dime—this is the piece—I may have had it two yean, or longer—there was a 3d. piece with a hole in it—this is it—this, and the ear drops, and the half dime, were in my wife's work box.
SARAH HEDGE . I can swear to this handkerchief—I marked it myself—I am positive of it—it is my mark—these ear drops are mine—I have the tops to correspond with them—both these silver coins are mine—they were in my work box—I saw them the same day, drops and all.
CHARLES MASKALL (policemen, N 70). On the evening of this robbery I saw Charlton, about a quarter past. 6 o'clock, in Claremont-street—he was going towards Hedge's house—I was with a brother constable when he first saw Pluck, but I left to go after Charlton—I was with Hack at Pluck's lodging—I assisted him in making the search in the bedroom—I believe Pluck's mother rents the house—I found 11l. 18d. 10d. and this watch, buried in the garden, in a silk handkerchief, about 20 yards from the house—I saw Hack find in the bedroom two ear drops and two pieces of coin, in a flower pot, buried in the soil—I examined the rear of Hedge's house, near the washhouse door—it was not paved, it was gravel, but about 100 yards from the house we could trace where footsteps had been—we traced them over the wall into a field at the rear of the house—I took off Charlton's shoes, and compared them with the footmarks.
Cross-examined. Q. It was 100 yards off? A. Yes—I saw Charlton on the evening in question, about half way up Claremont-street—he lives rather better than half way up the street—he was about fifteen yards from his own house, and was going towards it—I did not take Pluck's shoes off Hack did—I did not go with him.
COURT to THOMAS HACK. Q. Was any comparison made of Pluck's shoes? A. Yes—the size of some footmarks near the house were exactly like Pluck's shoes in size—I looked at the footmark, and looked at the shoe—I did not make a mark in the ground with the shoe.
Cross-examined. Q. You took the shoe, and looked at the mark? A. Yes—I have an accurate eye—the mark in the soil was equal in size to the shoe, and looked the same—I did this on the morning of the 19th.
COURT. Q. Do you know where Charlton lives? A. Yes, next door to the prosecutor's.
examined a drawer in his bedroom—there was evidence of its being forced open—I compared this knife with the mark on the drawer—it had been put in, and prized open—I placed the knife on the mark—I have the drawer here—the knife corresponds with the mark on the drawer—the lock has been pushed inside the drawer; it is not broken.
Cross-examined. Q. Was the drawer out when you made the comparison? A. Yes, as it is now, I put the knife on it.
JURY. Q. Is there any corresponding mark on the chest of drawers? A. Yes, but I could not bring that.
MR. SLEIGH to THOMAS HEDGE. Q. Is this bag your property? A. No, the bag in which my money was of a lighter colour than this, and cleaner.
PLUCK— GUILTY . Aged 32.— Four Years Penal Servitude.
CHARLTON— NOT GUILTY .
MR. O'BRIEN conducted the Prosecution
RICHARD WHITE (Thames police inspector). I went on board the schooner Antioch, in consequence of information, on 22nd Nov.—it is lying at Irongate—I saw the prisoner—I went down the forecastle with him—I asked him what he had in his chest; he said, Clothes—he sat down on the chest—I asked him if that was his chest; he said, Yes—I opened it, and found under the clothes twenty-six cups, twenty-four saucers, one basin, two dish covers, and seven jugs; and on looking behind the chest, I saw a shirt—I asked him if it was his; he said, Yes; and in it I found twenty-six plates; and in a bag which he said was his I found two large dishes—I asked him how he came by the property; he said he took it off the deck of the vessel—the cargo was conveyed to the deck from the hold, and put on a cart, and he said he took these from the deck.
Cross-examined by MR. PARRY. Q. Do you know the person from whom you received the information? A. Yes; he was not a sailor in the ship—I know where he is now, and there would be no difficulty in my producing him—Charlton was on deck lighting his pipe—I believe his chest had a lock to it, but the lid lifted up, on my asking him—I do not know the prisoner.
ROBERT FAIRBAIRN . I am sole agent in London for Anthony and Henry Scott—I received from the Antioch schooner, a cargo of earthen ware—I received a notice that a quantity of goods was at the police station—I went there, and saw these articles—they belong to Anthony Scott and Co.—I do not know any other house that manufactures the same pattern—these cups are the first I ever saw of the pattern—there were nine dozen sent, and we are two or three dozen short—I have not the invoice here.
Cross-examined. Q. You only know what is missing by the invoice, and you have not that here? A. No; it is at No. 249, Wapping—there are only two partners in the firm, Henry and Anthony Scott; I never knew any other master—this property would be common in some person's estimation.
give him authority to take any of these articles—this cargo was taken in at Sunderland—I cannot swear to it—I put the crates of sort and another in.
Cross-examined. Q. The prisoner is a good seaman? A. Yes; one of the best I ever crossed the water with—he has been at sea forty-three years—he has been with me nine months—I have had several cargoes, and many thousands of pounds worth of cargo—I do not know whether the prisoner was drunk that day—I gave them 10d. apiece, the day before he was taken—I left the money with Pye—I left the whole confidence to this man and the mate—the mate is not here—the mate ought to have been on board that day—the prisoner had a good character for anything I know—his friends live at Sunderland—the mate would not be entitled to give away any of the property.
GUILTY .—Aged 53,—Recommended to Mercy by the Jury.— Confined Four Months.
PLEADED GUILTY . Aged 32.— Confined Four Months.
MR. O'BRIEN offered no Evidence.
NOT GUILTY .
PLEADED GUILTY . Aged 34.— Confined Twelve Months.
PLEADED GUILTY . Aged 39.— Confined Four Months.
THIRD COURT.—Wednesday, November 30th, 1853.
Before Mr. Common Sergeant, and the Seventh Jury.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY . Aged 35.— Confined Twelve Months.
PLEADED GUILTY . Aged 23.— Confined Six Months.
PLEADED GUILTY .** Aged 29.— Confined Twelve Months.
GUILTY . Aged 19.— Confined Twelve Month.
MESSRS. ELLIS and GIFFARD conducted the Prosecution
JOSEPH WILLIAMS . On Monday, 14th Nov., about 10 minutes to 4 o'clock in the afternoon, I saw the prisoners together at Islington; after walking about fifty yards they separated; Gardner went to Compton-terrace, on the opposite side of the road, and Smith went into Mrs. Lawrie's shop—I followed her to the door, and saw Smith purchasing two small toys—I saw her give something in payment, and hold out her hand for the change; she then left, and I went in and spoke to Mrs. Lawrie—Smith then joined Gardner, and gave him what appeared to be the toys; she put them into his pocket—I followed them and gave Smith into custody—Gardner ran away, and I followed him—as he was running he threw something against the curb, on Islington-green; the paper burst, and I saw that it contained sixpences—I told Flynn to pick them up, and he gave them to me; I afterwards gave them to Brown.
JOHN FLYNN . I saw the prisoner crossing from Islington-green, towards River-lane—I ran after him; he threw something away which hit against the curb, the paper burst, and out rolled some sixpences; I picked them up and gave them to Williams.
HELEN LAWRIE . On Thursday, 14th Nov., Smith came to my shop for two small baskets which were a halfpenny each; she gave me a sixpence, which I put in front of the till by itself—when she left, Williams came in and said something; I looked at the sixpence, found it was bad, and gave it to the constable Brown.
JOHN BROWN (policemen, N 180). I took Gardner—I found on him 1s. 9d. in copper, a fourpenny piece, and these two little baskets (produced)—he asked me how many pieces I had got, I said eight—he said I had not got them all, for he threw away twelve, and that he should not give any trouble, but should plead guilty—I got this sixpence (produced) from Mrs. Lawrie.
Prisoner. Q. Did I speak in earnest when I said I should plead guilty? A. I do not know.
WILLIAM WEBSTER . I am inspector of coin to the Mint. This is a bad 6d.; the other eight are also bad; four of them are from one mould, three from another mould, and one from the same mould as that uttered by Smith.
Gardner's Defence. I met this young woman in Islington; I was slightly acquainted with her, and asked her to buy the toys for my little brother; I gave her the sixpence, I did not know that it was bad.
SMITH— GUILTY . Aged 18.
GARDNER— GUILTY Aged 19. Confined Twelve Months.
MESSRS ELLIS mid GIFFAIRD conducted the Prosecution.
and called for a pint of ale—he gave me a crown; I bad not got change, and my wife took it away and got the change, which I gave to the prisoner and he went away—next day my wife brought the crown to me and I gave it to Daborn.
Cross-examined by MR. PARRY. Q. I believe you know the prisoner very well? A. Yes; his father lives opposite me, and is a carpenter, I believe—the prisoner has used my house once or twice—I know a person named Lloyd, he never lodged with me, he was not in the tap room that evening till after the prisoner was gone—the prisoner did not go into the tap room or parlour; Lloyd bad not been playing at cards there that evening—I think no person named Lloyd was there playing at cards, either before or after Osborne came in; I am not positive—I am not afraid of saying—the prisoner remained fifteen or twenty minutes—there was another man with him, and while they were drinking the ale my wife went next door to get change, taking the crown with her—I had thrown it on the counter when my wife was coming in at the door.
MR. GIFFARD. Q. Whether Lloyd was playing at cards or not, was it before or after the prisoner came that he was there? A. He was not there before, it was after Osborne had left that he came.
CATHERINE NIGHTINGALE . I am the wife of the last witness. I came home, and received a crown from him—I took it to Mr. Lathwell, a neighbour, to get change, leaving the prisoner in the shop—next morning Mr. Lathwell brought me back the crown—I examined it, found it was bad, and gave it to my husband—I was present when it was given to the constable.
Cross-examined. Q. You were not at home when the prisoner came in? A. No; I saw Lloyd there that evening—I cannot say the time, but he was there when the prisoner was there—he was not playing at cards—I saw the prisoner speak to him—that was after I went out for change—I have no doubt about this being the crown the prisoner passed—I do not think David Scott passed it to us; certainly not—I have said that I thought Scott was with the prisoner.
MR. BODKIN. Q. You were not long gone for the change? A. Not a minute—I gave the prisoner the change, and as I did so, he said, Mrs. Nightingale, I have come to play Lloyd a game at Cobhams, but he will not play;" and Lloyd said, Not to-night."
WILLIAM LATHWELL . I am a pork butcher, of No. 17, Exeter-street, Chelsea. On Tuesday evening, 18th Dec, Mrs. Nightingale brought me a crown—I put it in my pocket, where there was other silver, but no crown, and gave her change—I found that it was bad the same evening, and gave it to Mrs. Nightingale next morning—she gave me five good shillings for it.
Cross-examined. Q. Do you know the prisoner? A. I have seen him before; his father has lived opposite to us two or three years, and is a carpenter.
WILLIAM DABORN (policeman, B 177). I produce a counterfeit crown, which I received from Mr. Nightingale on Sunday night, 28th Oct.—I apprehended the prisoner the same night, and told him that there were several charges against him for uttering base coin—he said, It is the first I have heard of it."
Cross-examined. Q. Was he passing the police station when you apprehended him? A. No; but he was coming straight towards it from his own home.
prisoner came for half a pound of steak, which came to 5d.—he gave me a half crown, and I gave him 2d. 1d. change, and put the half crown in a bowl on the parlour table—there was no other half crown there—I looked at it within five minutes afterwards, and found it was bad—nobody had interfered with the bowl but myself—I gave it to a constable the same evening—I sent the shop boy after the prisoner, and he was brought back within five minutes—he had then changed his dress; his coat was quite different from the one he had on first, which was brown, and the second time he had a dark coat, I cannot exactly say the colour—I did not recognise him at the moment, on account of his having changed his coat—I saw him afterwards before the Magistrate, and have no doubt at all that he is the man.
Cross-examined. Q. How long was the person with you when he changed the half crown? A. He was not two minutes in the shop—my boy, John Merrick, brought him back—I did not say, That is not the man—I said, The person that was here just now had an old brown coat on—I knew him by his features—he was allowed to leave on account of my being taken off my guard at the moment, but he was brought back again the same evening by my husband—I did not again say, That is not the man;" I said, The man who was here had a brown coat on—there was another man brought back with him, and my husband said, Is this the man?"—I said, No," but I never spoke to Osborne at that time—the other man had not a brown coat on—Merrick did not go out and fetch the other man while the prisoner was there, not till alter he was gone—I could not give the prisoner in charge at the moment, because he had changed his coat—I cannot say, but I think it was nearer 8 than 7 o'clock when the half crown was passed—Mr. Nightingale's shop does not exceed a quarter of a mile from mine.
JOHN MERRICK . I am in Mr. Elliott's service I remember a man coming on 25th Oct, for half a pound of steak; the prisoner is the person—I should say it was between 7 and 8 o'clock—Mrs. Elliott served him; it came to 5d.—he gave her a half crown; she gave him change, and he went away—not five minutes afterwards I was sent out after the man by my mistress—I found him at the Rose and Crown public house, 200 or 300 yards round the corner—I asked him if he had been and asked for half a pound of steak, and passed a bad half crown—he said be had been in the morning, but he was not aware that he had passed any bad money—I asked him to come back with me, and he did so—he then had on a black dress coat; when he came for the steak he had a brown frock coat—there was another man with him at the Rose and Crown, who came back with him; he has since been brought up—(William Williams was here put to the bar; see page 51)—that is the man—I saw him at the Rose and Crown with the prisoner.
Cross-examined. Q. And that young man was taken up for passing bad money in your neighbourhood? A. I heard so; when I went to the Rose and Crown I found the prisoner in the tap room; they were both together—there was another young man at first, but when I went in again he was not there—I swear I saw Williams and the prisoner in the tap room at the same time—my mistress did not say That is not the man;" she said, The man that came had a brown coat on—the prisoner did not come into the shop the first time, he stood outside, and my mistress came outside; he remained about five minutes at the farthest, not more—it was not when he was brought back the first time that I went to fetch another man—the prisoner went back to the Rose and Crown, and I went there not five minutes
afterwards, and found him sitting in the tap room; the other man was still with him—they were both sitting down—my master came in, and they went back with him—I did not hear Mr. Elliott say, You had better come back, we do not want a policeman;" nor did I hear the prisoner say, Yes, I wish the policeman to come along with us—the prisoner and Mr. Elliott walked by themselves.
MR. BODKIN. Q. When you first went into the tap room who did you find? A. The prisoner, and two others; Williams was separate from the others, but not above a yard; he was drinking a pint of beer, and the other two were eating—they were all three sitting at the same table—Williams was between the two—there were no plates on the table; they had what they were eating, on a piece of paper; Williams and the other roan had it—there was nothing else on the table but beer—I do not think there was more than one pot.
SAMUEL ELLIOTT . My wife showed me this half crown, and I nailed it on the counter—I afterwards took it off, and gave it to the policeman—I went after Merrick to the public house, after he had fetched the prisoner once—I found the prisoner and another lad in the tap room, sitting down, and my boy pointed out the prisoner.
Cross-examined. Q. Was not the prisoner coming along with your boy and met you? A. No; there was a policeman outside the door, but I said I only wanted the prisoner to come with me—I did not hear the prisoner say, "I prefer that the policeman should come with us—the policeman did accompany us.
HELEN EMERY . I am the sister of Mr. Emery, who keeps a coffee shop at Knightsbridge. On Wednesday, 26th Oct., the prisoner came for a cup of tea; he gave me a half crown, which I gave to my brother, who gave him the change for it—it was between a quarter to 5 and a quarter to 6 o'clock.
Cross-examined. Q. Whereabouts is your coffee shop? A. No. 12, Highroad, Knightsbridge; it is not a great way from Mr. Elliott's—I went to the station to identify the prisoner on the Friday following—I said there that I should know whether the prisoner was the person if he laughed; but he did not laugh in the same manner, he only smiled—I said so because his laugh was rather peculiar—I had been looking at him two or three seconds when I said that—I was sure it was him when I said I should know him if he laughed—he was alone—the police fetched me, and told me they thought the man who had passed the half crown was taken.
MR. BODKIN. Q. When you saw the man, did you recognise him? A. Yes; he is the same man.
FRANK EMERY . I am the brother of the last witness, and keep a coffee shop in Knightsbridge. I received this half crown from her, put it in my pocket, and gave change for it to the prisoner, who was in the shop—about half past 7 or 8 o'clock I discovered it to be bad, and put it in the cupboard, on a shelf—I afterwards gave it to the policeman.
Cross-examined. Q. Did you go to the station before your sister, for the purpose of identifying the prisoner? A. Yes; they said they had got a man who answered the description my sister gave—I said he was the man—I did not say in the inspector's presence, I think he is the man, my sister will know better than me"—my sister was not there at the time—I do not know whether the inspector is here—he ordered my sister to be sent for, because she took the money first—the prisoner sat just opposite me in the coffee room as I stood by the fire; he was about two yards from me, with his side face to me—I may have gone out on some small errand while he was there
—the prisoner had on a dark coat, and a hat—I may have said, before I saw the prisoner, that my sister would know him better than me—I was present at the station—I heard her say she should know the prisoner if he was to laugh—he said he had no objection to smile for any young lady, and he smiled—I fetched my sister myself.
JOHN WISE (policeman). I received this counterfeit half crown from Mrs. Elliott, and returned it to Mr. Elliott—I received it back from him the next day—this is it (produced)—I received this other half crown (produced) from Mr. Emery, on Wednesday, 26th Oct.
Cross-examined. Q. Were you present at Mr. Elliott's on the Tuesday evening when the prisoner was brought? A. I was passing the Rose and Crown, and Merrick spoke to me—Mr. Elliott came out with the prisoner, and the prisoner said, This policeman knows me; he knows I do not get my living by passing bad money, though he knows I am a rackety sort of a cove"—he did not say he wished me to go up with him to Mrs. Elliott, but I said I was going that way, and I would go with him—Mrs. Elliott said the man that passed the half crown had a dark coat on—I did not go into the Rose and Crown—I saw no other man brought to Mr. Elliott's shop while I was there.
CAROLINE AMELIA JANNAWAY . I live in Exeter-street, Chelsea, and keep a beer shop. On 26th Oct., about half past 7 o'clock, I received a bad half crown from Williams, and gave it to the constable—my house is thirty or forty yards from Mr. Nightingale's. (MR. PARRY objected to this evidence, on the ground that Williams was not shown to be in communication with the Prisoner. MR. BODKIN contended that it would be evidence for the Jury of guilty knowledge, as fie should be able to show that the half crown uttered by Williams came from the same mould as that uttered by the prisoner. The COURT considered that the evidence was not admissible.)
(The prisoner's statement before the Magistrate was here read as follows): I was not in Knightsbridge at all on Wednesday evening, and when the boy came and asked me to go to his mistress I went with him, and she said it was not a good half crown; I said I would give her another half crown for it, and put down another half crown, and she said it was not me, and she would not take it; and I went back to the public house again where I was fetched from, and his master came to me in the public house, and I came out with him, and saw policeman 75 B, and told him to come with me; that made the second time, and I was called back, and they said again it was not me before the police constable, and then I went away; I had a Hack dress coat on that night; all the other things were the same as I now have on; the 5d.-piece I changed at Mr. Nightingale's I got of my mother, and the reason I went there was to play a game with Thomas Lloyd, who lodges there.
NOT GUILTY .
MESSRS. BODKIN and GIFFARD conducted the Prosecution.
MARY ANN WELLMAN . I am the wife of Thomas Wellman, a baker, of Gibson-street, Waterloo-road. On 26th Aug., about 8 o'clock in the evening, the prisoner came for half a quartern loaf, and gave me a 5d. piece in payment—I tried it in the detector, found it was bad, and asked her where She got it—she said she was an unfortunate woman, and a gentleman
gave it her—she said she lived in Earl-street, Lambeth; but she did not know the number—she was given in custody with the crown.
JESSE DAY (policeman, L 168). I took the prisoner; she was taken to Lambeth-street police court, and discharged on 3rd Sept.—she gave the name of Emma George—I received this crown (produced) from Mr. Wellman.
Cross-examined by MR. PAYNE. Q. I suppose she was kept till inquiries were made, and was then discharged? A. Yes; there was only one charge against her.
MARY ANN NOTLEY . My husband is a stationer, of Archer-street, Haymarket. On 10th Sept. the prisoner came, and asked for half a quire of note paper, and a stick of sealing wax; it came to 5d.—she gave a 5s., piece to Elizabeth Winter, who gave her the change; it was bad—my sister took possession of it while I went after the prisoner—I never lost sight of her till I gave her in charge—she said she did not believe it was bad; that a gentleman gave it to her.
Cross-examined. Q. How long was she gone? A. Not three quarters of an hour; the crown never went out of my sight.
EDWARD PEARCE (policeman). I took the prisoner; she gave the name of Emma Watts—I received this crown (produced) from the last witness—the prisoner said she was an unfortunate woman, and received it of a gentle man—I asked her her address, and she said it was no business of mine.
Cross-examined. Q. Are they of two different years? A. Yes.
GUILTY . Aged 23.—Recommended to mercy by the Jury Confined Four Months.
MR. GIFFARD conducted the Prosecution.
CAROLINE AMELIA JANNAWAY . I am the wife of William Jannaway, a beer-shop keeper, of Exeter street, Chelsea. On 26th Oct. the prisoner came for half a pint of beer—I served him, and he gave me a half crown; I gave him 2d. 5d. change, and he left—I directly took out the half crown, and found it was bad; there was no other in the till—I kept it till Mr. Jannaway came, and it was then placed by itself on the back shelf—next morning I gave it to Daborn.
HELEN EMERY . On Wednesday, 26th Oct., the prisoner came to my shop, about a quarter to 8 o'clock in the evening, and asked for two eggs, which came to 2d.—he gave me 1s., which I passed to my brother for change.
FRANK EMERY . My sister gave me a shilling when the prisoner was in the shop; I tried it; it was bad—I told the prisoner he was aware it was bad by his manner—he said he was not, and that he had more money—I gave him in charge, and gave the shilling to the policeman.
GUILTY . Aged 20.— Confined Twelve Months.
MR. GIFFARD conducted the Prosecution.
MARY ANN WHEELER . I am the wife of John Wheeler, who keeps an eating house, at Hammersmith. On 1st Oct. the prisoner came and asked for fourpenny-worth of meat; he gave me a shilling; I gave him eightpence change—I thought the shilling was bad, and took it to my husband, who bent it, and put' it in a glass on the mantelpiece—I afterwards gave it to the policeman.
Cross-examined by MR. O'BRIEN. Q. When did you give it to the con stable? A. Nearly a month afterwards, after the man was taken—it remained on the mantelshelf in the parlour till then—only me and my his band go into the parlour—I had known the man by his coming to the shop several times for meat—I am sure he is the person.
WILLIAM SIMPSON . I keep the Hope beer house, Queen-street, Hammersmith. The prisoner came there with another man about half past 7 o'clock for half a pint of porter; the prisoner gave my wife a florin—she said, How light this is—I took it, bent it nearly in two, and chucked it on the counter—the prisoner caught it up, and tendered me a good one—I said, I want no more of these, your wife tried it on here a day or two ago—the prisoner went away with it.
GUSTAVUS VKRIEZ . I am shopman to Mr. Finchell, a draper. On Saturday, 29th Oct., the prisoner came for a pair of braces—he gave me a bad half crown—I told him it was bad; he said, Give it me back, and I will give you a good one for it—he said he received it at Atkins's, the pork butchers, in King-street; but there is no such shop; for I was going there with him, and while I went to fetch my hat, he ran out of the shop—I went after him, and found him in custody of two men, about 200 yards off—they brought him back, and he was given into custody—he said he had run away because he did not wish to have any bother about the half crown—I kept it in my hand, and gave it to Kirby.
Cross-examined. Q. Are the gentlemen here who had him in custody A. No.
JOHN KIRBY (policeman, T 201). On Saturday night, 29th Oct., I took the prisoner at Mr. Finchell's shop—I produce a counterfeit half crown, which I received from Mr. Veriez, and another, which I received from Mr. Wheeler.
Cross-examined. Q. Was the prisoner searched? A. Yes—I found 1d. 10d. in good money on him.
GUILTY . Aged 40.— Confined Six Months.
OLD COURT.—Thursday, December 1st, 1853.
Before Mr. Justice Coleridge and the Fourth Jury
MR. THOMPSON conducted the Prosecution.
BARTHOLOMEW HART . I am a labourer, and live at No. 11, Hosier-lane, Smithfield. On Sunday, 18th Sept., between 1 and 2 o'clock in the morning, I was in company with Michael Buckley, going up Holborn towards Gray's Inn-lane—there were two men and a woman walking behind us—we stopped at the corner of Gray's Inn-lane—the prisoner was one of the two—he came up, and said, Talking to me V—I said, No, go and mind your own business; we are not talking to you—with that he walked away from us—there were no more words—Buckley and me went into a coffee-shop in Middle-row, and had a cup of coffee—we saw the two men and the woman there—they came out before us—Buckley walked out before me, and I came out after him, and he bad some words with the prisoner—he was standing in the road with the other two—with that I se both Buckley and the prisoner in the act, as if attempting to fight, with their arms up—I stood as I was, and the other man and the woman also—they went across the road to the other side, and the prisoner fell down on his back—he came against the kerb—Buckley was down upon him; his head laid just on his breast, and the prisoner was using both his hands and arms at Buckley's head, and he down—I walked across the road, and picked Buckley up—I gave him time to get up—I did not think he was anything ill-used—as soon as the prisoner got up, he made an attempt at me—I put my arm up, and defended myself as well as I could—we were about a minute or two like that—there was a crowd of persons round us, and he stabbed me with something short in the side of the head, when they hallooed out, The man is stabbed 1 and with that he ran away—I was taken in a cab to the hospital in Gray's Inn-road—I did not see any more of him—I did not know him before—I was as sober as I am now—I had not made any offensive remark to the prisoner while we were coming up Holborn—nothing as I know of passed in the coffee-shop between the prisoner and Buckley and me.
Cross-examined by MR. PABBY. Q. You say, "Not that I know of? A. I did not see anything pass between Buckley and him—there were other persons sitting in the coffee shop—there was another man with us—his name is Bryan—I think he is an Irishman, and so is Buckley, and so am I—before the prisoner came in, one of us had not passed him, and shaken our fist at him—there was a woman in his company; I do not know whether she was young—I and my friend did not sit opposite to him in the coffee shop; he sat further up than we did—I did not see any one shake their fist at him in the coffee house—I must have seen it if it had been done, because we three were sitting at one table.
Q. There have been disputes in this neighbourhood between the Irish and the Italians, have there not? A. I heard something about it—I have not taken any part in them; I have not been there—Buckley was a little gone in liquor—he did not run at the prisoner first—he was standing off the footway, in the road; and when. Buckley came out, they both spoke—I heard the words, but I do not know what they said; and they both began to fight—while the prisoner was on the ground, I did not kick him on the head with my boots—I swear that—I did not kick him anywhere whilst he was on the ground, nor did Buckley or Bryan, that I saw.
MR. THOMPSON. Q. Was Bryan in your company before you went into the coffee shop? A. Yes, he was coming along with us—he was not in the
street when the fighting was going on; he stopped in the coffee shop after us.
COURT. Q. There are a great many Italians living in Leather-lane and about there, are there not? A. Yes, and about Baldwin's-gardens.
JURY. Q. Did you see the prisoner and his companions go into the coffee shop before you went in? A. No—I did not know which way they went from the time he said, "Are you talking to me?"—I did not see them go in; they were there when we got in.
MICHAEL BUCKLEY . I live at No. 10, Sharp's-alley, Cow-cross, and am a labourer. On 18th Sept., between 1 and 2 o'clock in the morning, I was in company with Hart and Bryan, in Holborn—we were talking, and the prisoner came up, and asked us if we were talking to him; we said not, and to mind his own business; and he went away—we then went into the coffee shop, and had some coffee—I saw the prisoner go up the street, but I did not see him go into the coffee shop—he was inside when we got there—I saw him leave before us—we went out when we had done our coffee—we did not remain long inside—when we came out, the prisoner was standing in the carriage way, and he came over to us, and asked us if we wanted to fight—we said we did not—he kept talking in some different language, but we did not understand what he said; and he gave me a kick on the foot as he was going away—T followed him, to ask why he did it—I was catching him by the collar of the coat, and he turned round, and stabbed me in the right side of the head—there was no fighting before he stabbed me—I was going to ask him why did he kick me in the foot, but I had not time, when he turned round, and stabbed me in the head—he was making a second attempt to stab me, and I put up my left hand, and he stabbed me in the arm, above the elbow—I caught him round the two arms, to hold his hands still, and with that he pulled himself back, and fell on the kerb stone, and I fell a top of him—I was holding his arms, and saving myself as well as I could, and he stabbed me in the body—I had three or four stabs in the body, but they never reached my skin—my clothes were all cut—I had two stabs on the shoulder—they did not reach the skin—only two stabs reached my skin; one in the side of the head, and another in the arm—my ear was cut right through—Hart then came up, and took the prisoner off me—I saw something in the prisoner's hand which appeared to me to be a knife—I did not see the handle of it, but I saw the blade—he had the handle in his hand—Hart gave the prisoner time to rise up; and as soon as he rose up, he ran at Hart, and stabbed him, and then ran away—I fell when Hart left me—I ran after the prisoner—I saw all the people running after him, and the police with them—I fell down before I ran—I did not run far—I did not go down Southampton-buildings; I did not turn out of Holborn—I was taken in a cab to the hospital by the policeman—I was not sober, and I was not drunk; I had taken a little beer early in the evening, but I was not drunk.
Cross-examined. Q. Had you been drinking all that day? A. No; I was at work that day, I had drank a pint of beer or two in the evening—Hart and I did not follow the prisoner into the coffee house, we were going there before we saw him, to have a cup of coffee—we met him before we went in; one of us did not attempt to strike him, or shake our fist at him, nor in the coffee house, I did not see any fist shaken, it was not done—I did not see Hart or Bryan do so—I did not see Hart kick him brutally about the head several times when he was on the ground; I did not see any
man kick him, neither did I kick him myself, he was not crying out, Police, police!" all the time; I swear that positively—I have heard of the disputes existing between the Italians and the Irish in this neighbourhood, but I do not know anything about it.
JAMES THATCHER . I was a policeman at this time, F 69; I am not now—on Sunday morning, 18th Sept., between 1 and 2 o'clock, I was on duty in Holborn; my attention was called to two men, one of whom was the prisoner, and a woman, standing in High Holborn—during the time they were standing there, I saw three or four men come out of a coffee house opposite—they all assembled together—I heard one man speak in Irish, and say to the person with the prisoner, "Why, you b——, you can't fight"—I then heard rather a loud reply in a foreign language; I could not understand what it was, it was uttered by the prisoner and his companions—as some little disturbance was likely to take place, I went up to them, and requested them to be quiet, and to go home to bed—they all walked away together up Holborn, towards Southampton-buildings—just at that time a man and woman asked me to direct them the way to the Bank; I did so, and then turned myself round again to go up Holborn, and saw some persons apparently fighting together, some distance up Holborn—that was about fifty yards from the coffee shop—I hastened to them, and on getting up to them, I saw the prisoner and another man get up off the ground—the prisoner then ran to another man who was standing a little way off) that was Hart—a fight took place between them, and Hart fell down—the prisoner then got up and ran away—just at that time some person hallooed out," Oh, he has stabbed the man!"—I went up to Hart, he was bleeding very much from the head—the prisoner was at that time forty or fifty yards further up Holborn, just against Southampton-buildings—I followed him—he turned down Southampton-buildings, in company with a woman—on getting near to the prisoner, he turned round and saw me and several other persons following him—some persons then hallooed out," Stop thief!" the prisoner then ran off with great speed—when he got to the turning in Southampton-buildings, he turned to the left, and ran to the gates leading into Staples Inn; they being shut he could not get through, but he turned to the area railings of No. 28, Southampton-buildings, and made an attempt to jump over—in doing that his trowsers caught on to the top of the railings, and he fell to the bottom and was secured—he likewise broke a window—there was a hole in the knee of his trowsers, and a stab upon his person just opposite it—I believe it was a stab from the appearance of it—I do not think the area railings would do it; I took him to King's College Hospital—about two hours afterwards I went to the house, No. 37, Southampton-buildings, and found this knife (producing one) in the area, it opens with a spring; there is some blood upon it, and a few hairs—the spring keeps it from shutting, it was open when I found it—the prisoner passed by that area while I was following him—neither Buckley or Hart passed by there, at least not to my knowledge.
Cross-examined. Q. When you first saw this disturbance, how many persons do you think there were near this man? A. When I first saw it there was only the two that were in company with the prisoner, and three, or four men that came out of the coffee house; that makes seven persons; afterwards, during the disturbance, there was a greater number—I could not tell who it was that made use of the coarse expression I have spoken of, I did not hear it more than once; I do not know whether it was Buckley or Hart—it was an Irishman, it was said in rather a rough tone—when the
prisoner ran away, there were a few persons shouting after him—he ran with considerable speed—he seemed very much frightened.
COURT. Q. What were the persons shouting? A. That he had stabbed a person, and "Stop thief!"—I went to the area of No. 37, because I fancied that the prisoner had thrown away the knife that he had stabbed the man with—I went to search in the direction he had run; I searched the buildings right through, and in that area I found the knife.
SAMUEL BELL . I am a tailor. I did live at No. 45, Greek-street, Soho; I am now living at Cambridge. On Sunday morning, 18th Sept., between 1 and 2 o'clock, I was coming through Holborn from the City, on my way home, and my attention was attracted by Buckley, Hart, and the prisoner standing in the middle of the road, opposite Middle-row—I saw the prisoner and Buckley fall to the ground—Buckley came into the road, and I went towards him—I saw the blood running from his arm, and I said, "You are stabbed"—Hart and the prisoner then began quarrelling—I did not hear any words pass with either of them—they were in the act of hugging one another, fighting, and they both fell to the ground—I did not see the prisoner stab Hart, but I saw him with the knife in his hand after he had stabbed him, up above his head—the policeman then came up, and the prisoner ran away—I followed him down Southampton-buildings, and saw him taken.
JOHN WHITAKER HULK . I was house surgeon at King's College Hospital when Buckley was brought there, on 18th Sept. I found that he had received a wound on the right side of the head, from near the outer angle of the eye, running backward through the ear—there was very profuse bleeding from this wound—it was about three inches in length—I cannot say the depth; it was deeper in the middle than at either end—the ear was completely divided—he had a slight wound near the left elbow—such a knife as this would be likely to produce it.
Cross-examined. Q. I believe you examined the prisoner? A. I did—I found a wound on his thigh, it was a severe one—I should say the wound on Buckley's head was a quick wound, struck quickly, a sharp, quick, sudden blow—I also examined a graze on the prisoner's knuckles, that was all I examined.
COURT. Q. Was the wound on Buckley's left elbow such as to make blood flow through the clothes and down the arm A. When I saw it it was not bleeding much, and was of a slight character—I should not think any quantity of blood would flow from it—there was profuse bleeding from the ear—that was on the right side.
MILDRED KALTENBACH . I am a widow, and live at No. 37, Southampton-buildings. I am a housekeeper there—Mrs. Crouch, the solicitor, is the owner of the house—I am quite sure that this knife does not belong to any person in that house.
MR. PARRY called the following Witnesses for the Defence. GEORGE COORT. I reside at No. 3, Fulwood's-rents, and am a looking-glass and picture-frame maker. I am an Englishman—on Sunday evening, 18th Sept., I was passing down Holborn towards the City, and when I got opposite Mr. Watkins' coffee shop, I saw two men, one in a flannel jacket, and one in a smock frock, struggling in the road—they were Buckley and Hart—they were struggling to get at a tall young man, a foreigner, and a little man with him—the one in the smock frock was struggling to get at the tall young man (the prisoner), who was waving his hand to tell them to go away—the prisoner then turned round, and walked away arm in arm with a young
man and a young woman—the two Irishmen were struggling in the road—the prisoner had got about thirty yards away, when Buckley broke away from Hart, and they both ran towards the prisoner, and both fell upon him; in the struggle, Buckley and the prisoner fell on the ground, when Hart went round and kicked him five or six times most brutally about the head and body—in the struggle, the prisoner got up; he was quite lame in the side, and could hardly run away; he limped away as fast as he could, and ran across the road toward Southampton-buildings—he looked quite bewildered when he got up, and he ran along quite lame—he looked round and saw the people—there was not anybody there when he first looked round, but he saw the mob of people coming, and then he ran away—while he was in the struggle with Buckley he called "Police! police!" and the young woman in the road was screaming, and saying," For shame!"—I caught hold of Hart by the arm of his flannel jacket, and found some blood come on my arm—it came off of Hart and splashed on my arm—I said it was a shame for them two to ill-treat the poor man, and kick him when he was down and struggling—the whole of it did not last more than about three or four minutes altogether.
Cross-examined by MR. THOMPSON. Q. What time in the morning was it? A. As near as I could guess about 25 minutes to 1 o'clock; at least, to 2 o'clock, I mean—I was in company with my brother—I am working for Mr. Comitti, a picture frame and looking glass maker, in Fulwood's-grents—I do not know whether the prisoner is an Italian; I never saw him before—I did not know the man that was with him—I knew none of them—I have not seen the other man since—I was not before the Magistrate—I saw the prisoner taken into custody; I did not tell the policeman what I had seen—there was no policeman there at the time this happened—the policeman came when Buckley was standing in the road, and the people were hallooing out something about two men being stabbed—the policeman asked Buckley which way the man went, and he said, "This way;" and Buckley ran down Southampton-buildings along with the mob; he ran down to the bottom of the buildings, where the man was lying in the area—he ran down to the door—I distinctly saw that—I was by the side of him, running along with him—I did not know Buckley; I never saw him before—I was not in the coffee shop: I never use the house—I did not know the young woman who was with the prisoner—I saw her here yesterday morning—I first gave information about this to my brother-in-law, Mr. Comitti, whom I work for—another gentleman came up, and said, If you saw anything in it, you must do the poor man good; if you saw any ill-treatment"—I have not had a subpoena; I came up of my own accord—I was told by a friend of his that he was going to be tried—I have seen a solicitor in the case; I first saw him at Bow-street when the prisoner was examined—I was not in the court during the examination; I was waiting outside—I do not know whether the solicitor knew that—I had not seen the solicitor before then—a young man came and asked me about it—I was not examined as a witness before the Magistrate—when I first saw the parties fighting there was no one there but the prisoner, his friend and the young woman, and Buckley, and Hart; I cannot exactly swear there were no more, I did not see any more—when they were fighting they had got about thirty yards from the coffee-shop door, facing Gray's Inn-lane; at least, that is where they were wrangling in the road—where they were fighting was against the tobacco shop, against the shutters, in the dark—Hart kicked the prisoner as hard as he could about the head and body—I did not see any blood come; I saw him bleeding afterwards, when he was led away by two policemen—I did not see whether
there was any bruise on his head; I did not go near enough—I did not see Hart and the prisoner on the ground at all, Hart never fell—I only saw Buckley and the prisoner on the ground once, the prisoner limped away; he walked double when he got up, and when he got into the middle of the carriage way, he ran away up Southampton-buildings—he began to run before he got to Southampton-buildings; he limped as well as he could—I did not hear the cry of Stop thief 1—I did not follow him, I stopped by Buckley—I followed till he was taken—I never heard Stop thief I mentioned; I heard some of them say, He has stabbed a man—as far as I saw, the prisoner ran all at one pace; he did not quicken his pace to my knowledge after he got into the Buildings, but I did not see him after he got into the Buildings—before he got to the Buildings he went on a kind of a run, a limp, between a walk and a run—the chap was so doubled up it was as much as he could do to feet along—I did not see any knife at all to my knowledge; I saw him use his fist—I saw nothing in his hand—I saw him when he got up and looked round; he was sparring up to the man then, and then he turned round and limped away—the men both fell together; they had hold of one another when they fell—they were about two feet from the kerb stone—the prisoner's back was not to the kerb stone, but to the shutters—there was only one young woman there, and she was along with the prisoner, screaming—there was a young woman along with Buckley, but she stopped behind when they ran.
MR. PARRY. Q. You say you did not know the prisoner before; did you know either Buckley or Hart before? A. No; I had never seen them before—they were equally strangers to me—I have seen Mr. Shane, the solicitor, of Bedford-row—I did not know the young woman who was with the prisoner—I believe her name is Coort; that is the same name as myself, but she is no relation of mine; I have not got any in London.
COURT. Q. Did you marry Mr. Comitti's sister, or he yours? A. He married my sister; I have a brother in London, I call him a relation; but I mean in regard to a cousin, or anything of that—I do not know how the prisoner is employed.
MR. PARRY. Q. While the prisoner was going towards Southampton-buildings were there several persons following him? A. Yes; I never heard any shouting, only the police came up, and asked which way the man went, and then they all ran—when the prisoner got up he looked round, and saw Buckley fencing at him, and he made a motion with his fist, turned round, and limped away—he looked as if he did not know what he was doing, as if he was knocked any how.
JAMES COORT . I am the brother of the last witness; I work with Mr. Comitti, in Fulwood's-rents. On 18th Sept. I closed icy master's shop, about 12 o'clock, or a little after, and my brother and I then walked down Holborn, towards the City—we stood for a short time at the corner of Gray's-inn-lane—I saw two foreigners and a young woman come out of Watkins' coffee-shop, and directly after I saw two men, one in a smock frock, and one in a flannel jacket, follow them out—they seemed as if they were going to make a quarrel with the foreigner—the foreigner turned round, and beckoned with his hand, as much as to say, Me no fight' as well as I could understand it; I cannot exactly say that he said that; I heard him mutter something, which I believe to be that—he then walked on a little distance, and one of the Irishmen, the one in the smock frock, was wrestling with the one in the flannel jacket, to get at him—there was a female along with them, but she ran away and left them—as soon as the one in the
smock frock got away from the other, he ran up, closed with the foreigner, and knocked him down—by the foreigner 1 mean the prisoner—he had not been down above a minute or so when the man in the flannel jacket ran up and gave him two or three kicks in the head and ribs, while he was down—I directly went up and said, "Are you not ashamed of yourself to ill-use a man like that?" and they directly complained; one said, "I am stabbed," and the other one said, "So am I"—the prisoner then ran away, up Southampton-building, limping, and he looked as if he was a regular wild man—there was a mob coming up—I have not seen Louisa Coort here to-day; she was here yesterday all day, and she was here last Session.
Cross-examined. Q. How long have you worked for Mr. Comitti? A. Two or three years; he keeps three men, me my brother, and another—Fulwood's-rents is about 150 yards from the coffee-shop—it was ten minutes, or more, after I closed the shop that I saw this—it was after 12 o'clock when I closed the Shop—the prisoner seemed to limp along somehow—he was like a wild man, with the mob coming up to him; he thought he was going to get killed quite, I suppose, with such a mob after him—I did not see any one there at the first part of it, only me and may brother, and the parties that were kicking up the quarrel—I was at Bow-street, but was not examined—I saw the prisoner taken into custody by the policeman, in Southampton-buildings, just up in the corner, where he tumbled over the railings—the prisoner came out of the coffee-shop about a minute or half a minute before the others—he had got about five yards away from the coffee-shop when this happened.
GUILTY . Strongly recommended to mercy by the Jury, on account of the provocation he received.— Confined Six Months.
Before Mr. Justice Talfourd.
60. CHARLES VOS , burglariously breaking and entering the dwelling house of our Lady the Queen, on 2nd Nov., and stealing therein 2 bags, 1 letter stamp, and 2l. 10d.; her property; and other property of different persons.
MESSRS. CLARKSON and POLAND conducted the Prosecution.
DAVID AIRTH . I am a messenger in the General Post-office, and live at the Branch Post-office at the corner of King William-street and Lombard-street—that office is occupied during the daytime by the clerks, until about half past 7 o'clock in the evening—I sleep in the house, over the office—on the night of 2nd Nov. the clerks left about half 7 o'clock—I then took charge of the premises—I went to bed about 11 o'clock that evening—before doing so I examined the office, and found all secure—the breakfast things were laid in the office for the clerks next morning, according to the usual custom—I got up about a quarter to 7 o'clock in the morning and came down into the office—I missed two silver forks off the table, and a salt cellar; and on looking further round I saw that the window had been thrown open—I had noticed the forks there the night before; I put them on the table myself—I found a chair had been put on the stamping board, close under the window, and the window was open—it had been shut over night—I saw that one of the drawers had been forced open, and the money drawer had been tampered with, but not successfully—other drawers had been forced open—I gave information to the police—on the evening of 8th Nov. the clerks left, as usual, at half past 7 o'clock—I saw the premises quite safe that night when I retired to rest—I heard nothing particular in
the night—when I came down in the morning I examined the window and saw that some person had been cutting away the putty—there had been an unsuccessful attempt—no one had got in that night—in consequence of this, an arrangement was made with Mead and Carroll, two constables, and after that night they remained on the premises, in the inner office—on 15th Nov. I retired to rest at the usual time—I let the constables in at 10 o'clock—I left the premises all safe—soon after 12 o'clock I heard a noise at the window, as if some person was cutting; and later, about half past 2 o'clock, one of the officers rang the bell from the office to my room—I ran down, and found the prisoner in custody—the office is in the parish of St. Mary Woolnoth, and is the property of the Crown.
MESHACH MEAD (City policeman, 426). In consequence of what was communicated to me, I and Carroll were placed in the post-office in Lombard-street, for the purpose of watching there at night—we were there on the night of 15th Nov.—we placed ourselves at the end of the office, behind a screen—about 12 o'clock at night I heard a noise at the window, as if some one was trying to cut the frame away—(referring to a model) it was at this window, which looks into the office—the noise continued, with the exception of short intervals, and at half past 2 o'clock a square of glass was broken—none of the glass fell inside—the prisoner then came through the hole; the place was quite light from the lamps outside; he came through legs first—he dropped down on to the bench, and from there he got on to the floor—we waited till he came down to us, and then we seized him by the arms—he gave a scream, and said, I am Dutch—he had no coat or shoes on—he had a chisel in his hand, and a dirk in his waistcoat pocket—I found on him a purse, containing four sovereigns and a Swedish dollar—the window through which he came opens on to the roof of the vestry of St. Mary Woolnoth's Church—a person could get from there into King William-street very easily—I took the prisoner to the station, and he was examined at the Mansion-house the same day—I afterwards went to the house of Mary Galvin, of John's hill—she pointed out a room to me as the prisoner's; and this canvas bag was handed to me by a lodger, from a closet in that room; that bag contained another bag, marked, Lombard-street, Foreign, Paid; it is a Post-office bag—that contained a salt cellar, a spoon, two forks, and a ladle—I also found at the lodging some pieces of woollen cloth, which I produce, and a comb and a brush which I took from the mantel shelf—I went next day to the same lodging, and this clothes brush was handed to me—I also obtained this letter stamp and shaving brush—I have compared the pieces of cloth I found with a cape that has been produced to me, and it appears to have formed part of it.
PATRICK CARROLL (City policeman, 454). I was with Mead on 15th Nov. in the post-office in Lombard-street, and assisted in apprehending the prisoner—I left him in charge of Mead, in the office, and went into the street I proceeded to the railing of St. Mary Woolnoth's Church, in King William-street, over which I climbed into the churchyard—I then climbed up to the leads of the vestry room, and there found two pieces of rope, a poncho wrapper or cape, a coat which the prisoner wore at the Mansion-house, a pair of shoes, two legs of old stockings which had been apparently used as overshoes, part of a bottle containing tar, and a piece of a foreign newspaper, over which the tar had been spread, and to which some glass was adhering—I also noticed that the framework of the window on the outside, the beading, was entirely cut away, evidently for the purpose of taking the window sash out—one square of glass was covered with tar, and partly
broken—the square by which the prisoner entered was knocked clean out, and the contents lying on the paper—I took possession of all the things I found there, and brought them into the office; I showed them all to the prisoner—the shoes he seemed to own, as he put them on, and also the coat; they fitted him; he has on the same coat now—Mrs. Smith identified the cape—I produce it, and all the other things.
MARY GALVIN . I am the wife of John Galvin, of 5, St. John's-hill, St. George s-in-the-East; he keeps a lodging-house for all nations. The prisoner lodged there in a room with three foreigners—on a Wednesday, I do not know the date, I went into his room, about 12 o'clock; he was not there, and he was out till between 4 and 5o'clock in the morning, to the best of my belief—I heard him come home, and called the servant—I go to see that they are all in—on the Friday or Saturday the prisoner was in, and he had on a new shirt, and new stockings and trowsers—I saw him either making or repairing a cape, with a needle and thread; I did not see him cut it—on that Saturday night he paid me 4d. in silver, and told me he had lost 5d. in coppers, and he suspected the sweeps had been taking it, who slept in the other room—I said I would speak to them about it—on Tuesday, 14th, he gave me a sovereign to pay his board, which was 14d. a week, and he said, Never mind the change out—on that Tuesday he had his tea between C and 7 o'clock, and I never saw him after that till he was before the Lord Mayor—Mead, the policeman, came to me, and I pointed out the room in which the prisoner used to sleep—three of the foreigners were there, and one of them asked for the key to open the cupboard where the bag was—I gave him the key, and saw the officer find this bag (produced—there was a chamois leather bag inside it, which contained some spoons—the officer took a hair brush and comb from the shelf in that room, and a salt cellar from the mantelpiece; and on the next day a clothes brush and a shaving brush—the prisoner spoke English to me perfectly well; I understood every word he said, and he understood me—these pieces of cloth (produced) were found in the room; they are what the cape was being altered or repaired with.
HENRY HUTCHINGS . I am one of the clerks of the Branch Post office, Lombard-street. On 2nd Nov. I left it quite safe, at the usual time—this silver fork, ladle, clothes brush, and comb, are mine; they were safe in the office when I left—this leather bag is the property of the Queen, and so is this letter stamp.
EDWARD JAMBS SMITH . On 2nd Nov. I was one of the clerks at the Branch office in Lombard-street. This fork is mine, and was safe when I left on the evening of 1st Nov.—it is electro plated—this poncho has been made from a wrapper of mine, which I lost that night; the corners have been cut off, and it has been cut down in front—it was safe on the evening of 1st Nov., and I missed it on the morning of the 3rd.
THOMAS LLOYD POWELL . I am one of the clerks at the Branch Post-office. On the evening of 2nd Nov. I left the office safe—I left a drawer secure, which contained 2l. 10d. belonging to the Post-office, and 4l. belonging to me—there were five sovereigns and a half sovereign, and four packages, each containing 5d. worth of halfpence—I came back on the morning of the 3rd, and found the drawer broken open, and the money gone.
GUILTY . Aged 24.— Confined Twelve Months.
NEW COURT.—Thursday, December 1, 1853.
Before Mr. Recorder and the Sixth Jury.
PLEADED GUILTY . Aged 16.— Confined Two Months.
PLEADED GUILTY .— Confined Eight Months.
PLEADED GUILTY . Aged 17.— Confined Twelve Months.
PLEADED GUILTY . Aged 16.— Confined Three Months.
PLEADED GUILTY . Aged 36.— Confined Twelve Months.
PLEADED GUILTY . Aged 17.— Confined Six Months.
TROTTER— PLEADED GUILTY . Aged 41.
FOSTER— PLEADED GUILTY . Aged 33.
Four years Penal Servitude.
MR. COOPER conducted the Prosecution.
JAMES FISHER (City-policeman, 672). On 16th Nov., about 3 o'clock in the morning, I was on duty in Bishopsgate-street; my attention was called by my sergeant to Mr. Hawkins's premises; I went to the front entrance, and rang the bell—it was answered by Page, Mr. Hawkins's warehouseman—I went in and searched the premises—I went through the, shop, and into the warehouse in the rear of the premises, and on the second floor of the warehouse I discovered Williams—he was in the act of opening a window in front of the warehouse, which leads on to some leads which communicate to the dwelling house of Mr. Hawkins—I secured him, and then took a survey of the premises—I found an entrance had been effected through the roof of the warehouse—the tiles had been taken off, so that a man could pass through the rafters into the warehouse—I took Williams to the station—when I took him, he said, It is all up with me; I know you, Fisher.
Williams. I never spoke till you got me out; I then said, Don't pull me about, Mr. Fisher; I did not say it was all up. Witness. Yes; you said that.
DANIEL CARTER (City-policeman, 82). I received some information from Wheeler, and in consequence I went to Catharine Wheel-alley—I waited there two or three minutes; I heard something in an adjoining yard at the rear of Mr. Orpwood's premises, which is six doors from Mr. Hawkins's—on hearing the noise I got a ladder, and got on the top of a wall—I saw a man on the top of a warehouse adjoining Mr. Orpwood's premises, but on the other side from me—between Mr. Hawkins's and Mr. Orpwood's, I could not tell who that man was.
COURT. Q. Did you see what became of that man? A. He crouched down, and went in the direction of Mr. Hawkins's premises—those were warehouses in the rear of the houses which front up to Bishopsgate-street; you can get right along the tops of the warehouses—when I saw the man he was going along one warehouse, but the next place happened to be lower than the one on which I saw him—he was creeping along when I saw him—I traced marks on the tops of the warehouses, from one to another.
GEORGE WHEELER (City-policeman, 622). I was on duty at 2 o'clock in the morning, on 16th Nov.; I heard a noise in Mr. Orpwood's yard—I went to the back door, put it on one side, and I saw Wells standing in the yard—I forced the door open, and laid hold of him—it is a temporary door, it did not properly hang—he said, I am done now—I took him to the station, and found on him a pocket book and 7d.
Cross-examined by MR. O'BRIEN. Q. Were there some repairs going on on these premises? A. Yes; when I took Wells he stood in the yard, he was pulling up his trowsers—whether he was buttoning them or making believe, I could not say—I sent for Carter.
JOHN PAGE . I am warehouseman to Mr. George Hawkins, No. 88, Bishopsgate-street Without, an oil merchant. On 16th Nov. I was called up by the policeman—on the night previous I had seen the warehouse at 8 o'clock, it was all safe then—on being awoke in the morning, I went with the policeman round the premises—the tiles had been taken off, and there was a hole in the roof—I saw William found on the premises—I know Mr. Orpwood's premises, they are six houses off our place—the back premises join all along; a man can creep from one to the other.
Cross-examined. Q. Did you ever try to crawl or creep yourself? A. No; but I could do it if I liked.
COURT. Q. What are the tops? A. Leads and tiles; they are all nearly flat—where there are tiles, there are leads by the side—there is not much difference in the height.
William. Q. You saw me taken; did you hear me say anything? A. I do not remember that you said anything—I did not hear you say, It is all up.
GEORGE ORPWOOD . I am a silversmith and jeweller, at No. 82, Bishopsgate-street Without. On the morning of 16th Nov., I looked out at my window immediately after I was alarmed; I found a window broken, and I saw marks on the wall, as if some one had got over and broken off part of the wood work in getting down to the yard—the end is a wooden building, and part of the wood was broken—a person to get to Mr. Hawkins's must get over this wall, and they would have to get over roofs and warehouses—a person could get to Mr. Hawkins's by keeping the roofs.
Cross-examined. Q. What time did you examine your premises? A. About a quarter past 2 o'clock, I was alarmed—I examined the wall about 9 or 10 o'clock—I saw a policeman that night on the roof of my parlour—I do not know how he got up—I was asleep when he got up—I did
not see him where the breaking was—it was at a different part of the premises.
JOHN HARVEY (police-sergeant, G 14). I know the two prisoners; I have seen them together—I last saw them on the Saturday night before this charge at the Telegraph coffee house, in Holywell-lane, Shoreditch Wells was waiter there, and Williams I suppose was a customer—on that Saturday night they were standing talking together—I have seen them sitting in one box together; I thought Williams was a lodger there.
Williams. Q. How often have you seen me there? A. I cannot say—I believe I had seen you a week before.
Williams. I believe there are witnesses to prove I had not been in London above a week.
COURT. Q. How often have you seen this place? A. Frequently; when I pass it is my duty to go in—I will speak to having seen the prisoners for a fortnight or three weeks, I cannot go further than that—I will speak to the Saturday before the 16th, that was the 12th—I have seen Williams there several times, and took him to be a lodger—I called two or three times during that week, and saw him there with Wells—I believe I had seen him before that week, but should not like to swear it.
COURT to JAMES FISHER. Q. What time did you find Williams? A. Between three and four o'clock.
COURT to DANIEL CARTER. Q. What time did you first go to Catharine Wheel-alley? A. At half past 2 o'clock, and in two or three minutes afterwards I heard something—I saw Wells taken to the station; I then went to the wall, and saw a man on the wall.
MR. O'BRIEN. Q. Was it not nearly two hours after Wells was taken before Williams was found? A. Yes.
William's Defence. I was rather intoxicated; I turned into this place, and heard somebody coming after me; I got upon the roof, and my foot went through, and I was taken.
COURT to JOHN PAGE. Q. Was anything disturbed in the warehouse? A. No.
JURY. Q. How did the tiles appear to have been moved? A. Carefully; they were piled up on one side—Williams had come down two flights of stairs.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
GEORGE WHEELER (City-policeman, 622). About half past 2 o'clock on Wednesday morning, 16th Nov., I was on duty in Bishopsgate-street, and heard a noise at the back of Mr. Orpwood's—I heard a window break; I went to a door at the back of the yard—the door was barricaded up—I pushed it aside and saw Wells—I forced the door open and took him—he said, "I am done now"—I took him to the station—I did not return again for some time.
Cross-examined by MR. O'BRIEN. Q. Is it a large yard? A. Not very large; not so large as this court—he stood beside the wall—there were bricks and mortar and boards about, and ladders in the yard—the door was barricaded, I had to force it open—it was not a great deal of trouble to force it open—I would not swear whether Wells was buttoning up his trowsers, or making believe to do it—he told me he had got in there for that purpose—I was in Catharine-wheel-alley, when I heard the window
break—I came back after I had taken Wells to the station, and saw the window was broken—I left a policeman in charge, who is not here now—I sent him down to the yard, and told him to wait—I thought there was another one; that was a very few minutes after I saw Carter—I searched Wells, and found on him a pocket book and 7d.—I did not see any other person—no one could get in the premises the way I went, without forcing the door open.
COURT. Q. How high is the wall in which the door was? A. About nine feet. I saw the window broken, about 4 o'clock in the morning—it was the lower window, and was about six or seven yards from where I took Wells.
GEORGE ORPWOOD . I am a silversmith and watchmaker, No. 62, Bishopsgate-street Without. On the morning of the 16th Nov., I was awoke by a noise between 2 and 3 o'clock, I got out of bed and saw two men on the roof of my parlour, which is under the first floor—it is a leaden flat—I opened the window, and sang out to them—they said, "Don't be alarmed, we are policemen"—I came down and found the window broken in the parlour, which looks into the yard—I found the window of the kitchen at the back of the parlour had been opened, and the bolt had been endeavoured to be put off the 'staple—there were appearances on my wall of a person getting over, and descending into my yard—I have no doubt that that was the road pursued by somebody—the glass was sound the night before, and the shutters all safe—it was in the yard of No. 81, where the man was taken.
Cross-examined. Q. How far is that from your premises? A. There is a wall ten feet high between those premises and mine.
COURT. Q. Was that door that was barricaded up in your yard? A. No; that is at No. 81—it was on that ten feet wall, that I saw the marks I spoke of.
Cross-examined. Q. Your back parlour window was broken? A. Yes; I saw that immediately after I was alarmed, and went down—it was that part of the window nearest to the kitchen, that was broken—the glass was entirely broken out—the window was smashed—I think there are twelve panes of glass in that window, and one was smashed—I examined the kitchen window between 7 and 8 o'clock in the morning—no one slept in the kitchen—I had not examined the kitchen window at all before; it was my servant's duty to attend to that; but I always see my house fastened—I would not swear that I bad seen that window fastened that night—there were marks of an instrument being used on the window, and a piece of iron that was in my yard, for the purpose of lifting up a sink trap, was bent—the policeman got a ladder, which was about, and got on the roof of my parlour—the wall that separates me from No. 81 is perhaps four feet from my parlour, and by jumping across my yard a person would come to the flat of my parlour—the kitchen window is level with the surface of the yard.
MR. COOPER. Q. What marks did you see on this wall? A. The marks of a person having descended into my yard, and there was evidence of some one having been in the yard by the lifting of the window—the parlour window seemed to have been broken by a person getting up out of the yard on to the roof of the parlour.
JAMES FISHER (City policeman, 672). I was in Bishopsgate-street on the morning of 16th Nov.—I went to the warehouse of Mr. Hawkins's premises, and found the prisoner Williams—he had come in by an entrance made through the roof of the warehouse.
them together more than once at the Telegraph Coffee-house, in Holywell-street, Shoreditch.
COURT to DANIEL CARTER. Q. When you were near the premises, you heard a noise in the yard? A. Yes, not in Mr. Orpwood's—I got a ladder, and looked over, and saw a man on the roof adjoining Mr. Orpwood's, and he crawled back again towards the back of the next warehouse, which is rather lower, and he disappeared in the direction of Mr. Hawkins's premises.
Williams's Defence. When I went to these premises I found the window open; I got on the roof, when I heard a noise of persons after me; I had no intention of committing a burglary; I had no things to commit it with.
(Wells received a good character.)
WELLS— GUILTY . Aged 22.
WILLIAMS— GUILTY .* Aged 23.
Confined Eighteen Months.
MR. ROBINSON conducted the Prosecution
JAMES JONES . I am an officer of the Customs, and inspector of the Thames police. On the morning of 19th Nov., between 4 and 5 o'clock, I was in the police galley with three constables, very near Mr. Cockerell's coal wharf—as we were rowing up I observed Geal and Warren on the deck of a sand barge, alongside of a loaded coal barge, and Bennett in the coal barge—I saw him stoop down once or twice—he had his back towards me—he stooped towards the coals, and lifted himself up towards the sand barge, and reached to the sand barge—the coal barge was down lower in the water—the sand barge was light—when I first saw this I was about three boats' length from them, going towards them—when we went towards them they all three began to shove the sand barge from the side of the coal barge, and after the sand barge got astern of the coal barge, Bennett jumped on board—they were then all three on board the sand barge—I turned my light on, and saw that coals had been taken out of the coal barge by no frost being on the places where the coals had been taken out—there was frost on the other parts, but where the coals had been taken it was black—I had my boat put alongside of the sand barge, and Geal went down in the cabin as fast as he could—I went after him, with a constable—the other two prisoners were on the deck—when I got down I asked Geal how many coals he had got on board the barge—he said, "None"—I said, "Are you sure of that?"—"I am positive of it," he said—I opened a locker, and found four very large pieces of coal with frost on them—I then asked Geal to move himself—he did not seem to like to move—I lifted his legs, and found a very large lump of coal, with the frost on it—I said to him, "I believe you have stolen these coals from Mr. Cockerell"—he made no answer—I then moved the steerage ladder, and found sixteen or eighteen large pieces of coal, in the space leading from the main hold into the cabin—I said, "I believe the whole of these coals have been stolen from Mr. Cockerell, by the frost being on them"—he made no answer—I went on deck, and found on the starboard side a large number of pieces of coal under some boards in the forecastle—by that time the other two prisoners were gone—they were just at the end of the wharf, going through the wharf—I and another officer followed them, and took them just on Blackfriars-bridge—I saw them stop, and look over the bridge—I took
Bennett, the other constable took Warren back—I said, "I believe the whole of these coals were stolen from Mr. Cockerell's barge"—Bennett said he knew nothing about the coals—I went back to Mr. Cockerell's; I found three coal barges there—I found a great many marks in the Clara, where a great many pieces had been taken away—the whole of the coals I found in the sand barge was 890 lbs.—the whole of them had frost on them—I took the prisoners to the station ship; I then went back for the coals, and took them—I took the prisoners to the Wapping station, and after they were charged, and were going to the cell, Bennett said, "Mr. Jones, I hope you will be as lenient as possible with us; we are not allowed coals in the barge"—Warren made the same observation, and Geal said the same—I went over the barge afterwards with Mr. George Jones.
Cross-examined by MR. O'BRIEN. Q. What time was this? A. Between 4 and 5 o'clock in the morning; it was a very nice sharp morning—there was no fog at all at the time—I could see these men quite plainly—I had seen them all before—they are employed in the sand barges—there were two others with me; Dell was not before the Magistrate—I did not look at the coals in the barge before I went in the sand barge—I put my light on, and that showed me at once a deficiency—the frost was not very thick on the coals; it was a slight frost—there was a frost on each lump of coal—I examined three places on the barge by my light—there was one barge by the side of the sand barge, and three or four more—only two of them were loaded, the other one was empty—the other barge was loaded with different coals; small coals—they were all covered with frost, which was not disturbed—I went in Mr. Cockerell's barges after I went with Mr. Jones—West macott was with me—we walked round the gunwale; they were filled with coals—I did not examine before only with my light—I did that when I came alongside the coal barge—the sand barge was close by the coal barge; when we got up they shoved her away—I have seen Geal above one voyage in that barge—the prisoners repeated one after another," Mr. Jones, be lenient"—the same words.
MR. ROBINSON. Q. You have known Warren and Bennett some time? A. Yes; I saw them on the wharf, and followed them—this coal corresponds with the coals on board the barge; they are the best coal, called Tees—I mentioned twice that these had been stolen from Mr. Cockerell's barge.
GEORGE JONES . I am a weigher, in the service of Mr. George Joseph Cockerell. We had some barges of coals on the evening of 18th Nov.; three were loaded, and one partly loaded—I went over the barges that evening—there were several large lumps of coal lying on the top—on the morning of the 19th I examined the barges with James Jones; I missed several large lumps of coal—I have seen the coals found on board the sand barge—I have no hesitation in saying they were a part of Mr. Cockerell's coals—I have been in the business three years and three months—I know Geal by sight—the prisoners had no business with any of these coals.
Cross-examined. Q. You have been three years in the coal trade; does that enable you to distinguish Mr. Cockerell's coals from all others? A. No; but I missed coals that morning, and these coals were found with frost on them—I saw them in the galley soon after 5 o'clock, and the frost was still on them—there were other sand barges there, but no coal barges but Mr. Cockerell's—it is Mr. Cockerell's wharf—Mrs. Cockerell had three barges loaded, one half loaded, and two empty—there were no other coal barges nearer than Blackfriars-bridge, which is 100 yards off I dare say—there were no barges with small coals.
COURT. Q. Were they all the same sort of coals? A. Yes; all the barges had large pieces on the top in the same way.
MR. O'BRIEN. Q. I suppose the large pieces were all on the top? A. That is according to how they come out of the ship; I had noticed them the night before—I always notice whether the small or large are at the top—I left at half past 5 o'clock the night before—the barges had not lain there above one day—I saw them at 5 o'clock on the evening of the 18th—there is no watchman on the premises, who has charge of the barges—I saw them again soon after 5 o'clock in the morning—I heard of the robbery from some of our men, and I went down and saw where the coals had been taken from—they had been taken from all three of the barges—it was not daylight, but we had lights in the other barges which were on shore—it was not a very clear morning; it was clear enough for me to see that—there was a heavy frost that night—two of those barges were emptied on Monday, and one was kept there six days—I have a book which contains an invoice of the amounts of the coals in the barges—one barge was 61 1/2 cwt. short; I know that by the invoice—it is not here—I was not present when the coals were weighed from the ship, but I was when they were weighed from the barge.
JAMES DELL (Thames policeman, 12). I was with Mr. Jones, in the police galley, on the morning of 19th Nov. I saw all the prisoners; two were in the sand barge, and one in the coal barge—I have no doubt at all that the prisoners are the men—I went with Mr. Jones down into the cabin, and found the various pieces of coal—I noticed the frost on them—I was at the station when the prisoners were brought there—I heard them all three, one after the other, say that they hoped Mr. Jones would be lenient with them, as they were not allowed coals on board the barge.
Cross-examined. Q. Did you leave the boat in which you were, to go on any of the barges? A. I was put in possession of the sand barge with Geal—it was not loaded; it might have a ton of sand in it—I had not been in any of the coal barges. (The prisoners received good characters.)
GEAL— GUILTY . Aged 18.
BENNETT— GUILTY . Aged 39.
WARREN— GUILTY , Aged 41.
Recommended to mercy by the jury and Prosecutor. Confined One Month each.
71. ARTHUR CONNOR and ELIZABETH CONNOR , stealing 1 oil painting and frame, value 100l.; also, 1 other painting and 5 books, 1l. 10d.; also, 1 pair of slippers, 5d.; also, 24 engravings and 1 medal, 1l. 5d.; also, 1 clock, 10l.; also, 2 spoons, 36d.; the goods of Frederick Oldfield Ward, the master of Elizabeth Connor: to which
ELIZABETH CONNOR PLEADED GUILTY . Aged 38.— Confined Twelve Months ;
(MR. RIBTON offered no evidence against Arthur Connor.)
ARTHUR CONNOR NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
WILLIAM RANCE . I am carman to Mr. Arthur M'Namara. About 6 o'clock in the morning, on 28th Nov., I was going down Mincing-lane with some fish from Billingsgate-market—I saw the prisoner come behind my van, and take a pad (a small basket) of herrings off the hind part of the van—he put it on his shoulder, and went up Mincing-lane—I stopped my horse, and ran after him; I stopped him at the top of Mincing-lane, with the pad
on his shoulder—he first said he did not take it off my van, and afterwards he asked me to let him go—I saw an officer, and gave him into custody.
FRANCIS LEE (City policeman, 550). About a quarter past 6 o'clock last Monday, I took the prisoner—he said he saw the pad fall off the van, and he picked it up—when at the station, he said he took it through want.
GUILTY . Aged 18.— Confined Three Months.
MR. LILLEY conducted the Prosecution.
THOMAS AVERY (policeman, E 121). About 3 o'clock in the morning, on 25th Oct., I was on duty in Percy-street, near the premises of Mr. Wells—I observed the street door of his house was unfastened, but it was put to, as close as it could be—I rang the bell, and knocked—I went in the house, and went up stairs; I met Mr. Lancaster on the first floor—I searched the house with Mr. Wells—I went down in the kitchen, and found the window had been broken into—the hinge of the shutter had been broken off; the bar had been forced out, and bent—the window was shut down again, and the shutters put to, as close as they could be.
WILLIAM CHARLES LANCASTER , I lodge at No. 23, Percy-street. On 25th Oct., about 3 o'clock in the morning, I heard the noise; I heard the rap at the door, and on coming down I found the last witness in the drawing room—Mr. Wells and the other members of the family were present—I examined the secretary in my room; it was wide open, the lock having been forced—I immediately missed this cash box (looking at it)—I cannot say whether I had seen it the night before, or the day before, but I am in the habit of seeing it every day, and opening it—there was 180l. in money in it—there were six 10l. notes, three 5l. notes, thirty-three sovereigns, and 10d. in silver, and 100 bonds in the Mexican and South American Company—they were all in the box the last time I saw it, the day before—I never opened the secretary without seeing the box.
Cross-examined by MR. RIBTON. Q. Can you pledge yourself that you saw the box the day before? A. Certainly; I also lost various articles, silver spoons and forks, two coats, a plated cream jug, two gold pins, and the silver tops were wrenched off the cruet stands—I discovered the loss about 3 o'clock—I had gone to bed about half past 12 o'clock.
MR. LILLEY. Q. When you went to bed, in what state did you leave the door of the room? A. Open, I think; I am not in the habit of shutting it.
JOHN WELLS . I am a solicitor, and live at No. 23, Percy-street; the last witness lodges with me. On 25th Oct., about 3 o'clock in the morning, I was disturbed by the ringing of the door bell, and the knock—on coming down, I discovered the policeman, Avery, in the passage—I accompanied him over the house—I went in the kitchen—the window had been forced open; the bottom hinge was broken off—most of the things in the kitchen had been removed—the hinge had been a strong one; very great force must have been used to break it, and an iron bar was bent—I should not think one person could have done it—I missed the whole of my silver, I should think to the value of 7l., or it might be more—I lost a silver watch, an opera glass, and a gold eyeglass—I was the last up in the house—I did not go down stairs, but the door was secured with two bolts, three locks, and a chain—the other rooms were safe.
Cross-examined. Q. What was it you lost? A. The silver tops of the
cruet stands, a silver thimble, taken out of the workbox, which was broken open, a gold eyeglass, silver tongs, salt spoons, tea spoons, some table spoons, but I cannot tell how many—I have not missed any clothes.
CHARLES DENHAM LANGHAM (policeman, E 168). About half past 2 o'clock in the morning, on 25th Oct., I was in Russell-square—I saw the prisoner at the comer of Southampton-row, which is about half a mile from Percy-street; as she passed, I saw something bulky under her cloak—I stopped her, and said, "What have you got under your cloak?"—she said, "What I have got is my business"—I said, "If it is anything you have come honestly by, you need not be afraid of telling what it is"—she made no answer—I then asked her where she brought it from; she said she brought it from home, and was going to take it home—I am sure that was what she said—she said her home was in Ogle-street—I said, "This is a rum way to come to Ogle street; Ogle-street lies in a contrary direction n—she said she was going round by Red-lion-square to get to Ogle-street, as she only knew that way home, being a stranger in these parts—I attempted to raise her cloak to see what she had got, and she snatched the cloak out of my hand—I asked her if she would satisfy me what she had got, and she said, "No"—I said, "Then you must go with me to the police station"—I took her to the station—I removed the cloak at the station, and from under her left arm I took this cash box; it wad not wrapped up in anything—I asked her where she got it; she said, in coming round by the enclosure of Russell-square, she stumbled up against it" and she picked it up, but when I stopped her she did not think she was obliged to tell me what she had got—she gave her address, No. 63 or No. 66, Ogle-street—I went to Ogle-street, and could not find any one that knew her by name—she mentioned several other numbers in the street—she gave the name of Mary Ann Seeley.
Cross-examined. Q. Are there more Ogle-streets than one? A. Not that I am aware of; I have not inquired—this box was locked when I took it from her—she was searched by a female; 2d. 6d. was found on her—the box was opened about an hour after the prisoner was taken.
COURT. Q. Which way were you coming? A. From Southampton-row, towards Guildford-street—the prisoner was coming round from the enclosure up Southampton-row—she had passed from the euclosure to the corner of Southampton-row—she came straight towards me, and passed me, and would have gone on if I had not stopped her.
MR. LILLEY. Q. Do you know that part of the town where you are stationed? A. Yes; there is no other Ogle-street in that part.
WILLIAM CHARLES LANCASTER re-examined. This is my cash box which I lost from the secretary—I saw it again at the station house, in Hunter-street, about half past 4 o'clock the same morning—when I opened it, the property that I have named was in it, the money and the bonds likewise—the money was given up by the Magistrate.
GUILTY of receiving. Aged 19.— Judgment respited.
THIRD COURT—Thursday, December 1st, 1853.
PRESENT—Mr. Ald. MUGGBRIDGE and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Ninth Jury.
PLEADED GUILTY . Aged 53.— Confined Three Months.
MESSRS. ELLIS and BODKIN conduced the Prosecution.
WILLIAM SYMES . I am an eating house keeper, of Vere-street, Clare-market. On 7th Nov., about 8 o'clock in the evening, the prisoner came—I had a bladebone of mutton in my shop, he offered me 5d. for; it was eventually agreed that he was to give me 6d. for it—I put it in paper, and gave it to him—he tendered me a good half crown, and I gave him two good shillings in exchange—he then said, "I did not mean to give you 6d. for it"—I said, "You did"—he said, "I will not have it, "and put 2d. down on the counter, one underneath the other—the underneath one was a bad one, and not one of those I had given him—I said, "That is not the shilling I gave to you, you have substituted a bad shilling in the place of my good one"—he said he had no more money about him, only a few halfpence—I sent for a constable, and the prisoner said, "You can search me, I have got no more about me"—(he had taken up the bad shilling)—while he was being searched, I heard the sound of coin dropping on the floor, and then saw him putting something into his mouth, which he pushed down his throat from the outside—three counterfeit shillings were found on the floor—he was then taken into custody.
Prisoner. Q. Was I drunk? A. I should say not—you asked me to send for a policeman because I would not give you up your half crown—if you had taken the bone I should have allowed you to go away—I took the shillings from my pocket, there were there—my wife serves in the shop; she may have taken some of them, but I always make a practice of looking at them—I do not know the date or the reign of the shillings I gave you.
WILLIAM COX (policeman). On 7th Nov. I was called to Mr. Symes house, and found the prisoner there—he said, "You can search me"—I was going to do so—in pulling off his great coat these three bad shillings (produced) fell from him on to the floor—as I was picking them up Mr. Symes said, "He is swallowing something"—I did not like to put my hand into his mouth, so I took my truncheon out, upon which he said, "Don't ill use me, it is too late"—I took him to the station, and he said, "That money you have got is mine"—I found on him 2d., and a pocket book.
Prisoner's Defance. I am labouring under disadvantage; I have been in prison nearly a month, during which time I understood that I had to answer a different charge; it was not till I was arraigned yesterday that I knew what I was charged with—it is not impossible that Mr. Symes gave me a shilling which turned out counterfeit.
GUILTY .* Aged 38.— Confined Eighteen Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
SARAH ALICE PAYNE . I am going on for ten years old; my father is a shoemaker, of No. 20, Devonshire-street, Mile-end-road. On Saturday evening I was running along Globe-road, and met the prisoner—I did not know him before—he stopped me, and asked me to go on an errand—I said, "No"—he said, "You shall go, or else you shan't go home all night"—I then said I would go, and he asked me to go to Mrs. Fowler's, and get half a quartern new loaf—he gave me a 2d.-piece—he said, "Make haste, and bring it back here, and Bay it is for your brother"—I went, and Mrs. Fowler said the 2d.-piece was bad—I went to look for the prisoner, but could not find him—
I afterwards saw him at Arbour-square, and am sure he is the man—I know him by his fustian trowsers, his green coat, his little eyes, and his cap over his face—it was between 6 and 7 o'clock in the evening.
Prisoner. I was at Hackney at the time.
FANNY FOWLER . I am the wife of Charles Fowler, a baker. On 2nd Oct. the little girl Payne came for a half quartern loaf, and gave me a bad 2d.-piece—I marked it, and kept it, and gave it to the policeman.
EMILY TURNER I am fifteen years old. On Saturday, 29th Oct., I met the prisoner—he said, "Will you earn a halfpenny?"—I said, "Yes, "and went to Mrs. Pantlin's, and got half a quartern of gin for him, and paid with half a crown which he gave me—Mrs. Pantlin said it was bad—I took it back to the prisoner, and told him so—he said I was to go up and stand against the corner, and he would go and get a good one—he went down the court and did not come back—I did not stop, but went home to my mother.
WILLIAM DODD . I am eleven years old. On Monday, the last day of Oct., between 5 and 6 o'clock, I was coming along with a man with a drum, and saw the prisoner—he said, would I earn a halfpenny—I said, "Yes," and he said, "Go and get a quartern loaf and an ounce of coffee at Mrs. Nicholson's," and gave me a 2d.-piece—I went, but Mrs. Nicholson would not take it—I looked after the prisoner, and then went home, and sent my little sister, Harriett, to Mr. Felstead's beershop with it, to get change.
GEORGE FORD (policeman). On 31st Oct. I received this bad florin (produced) from the last witness—I afterwards took the prisoner at his lodging, No. 2, Victoria place, and asked him if he knew anything about giving a little boy a 2d.-piece—he said he knew nothing about it—the boy was with me; he said, "That is the man that gave it to me."
GUILTY . Aged 18.— Confined Twelve Months.
MESSRS ELLIS and POLAND conducted the Prosecution.
HENRY BURTON . I keep the Stewart Arms, New-road, Hoxton. On Sunday evening, 22nd Oct., the prisoner came—I served him with a glass of ale; it came to 11l. 2d.—he tendered me a bad 5d.-piece—I asked him if he had got any more of the same sort—he said he did not know it was bad, put his hand into his pocket and pulled out a sixpence—I paid myself out of that for the ale, and gave him change—I bent the crown double with a hammer, and returned it to him.
Prisoner. I never was in your house, and never saw you before.
Witness. I am positive you are the mail—I saw you again, two hours afterwards.
BENJAMIN AGONBAR . On 23rd Oct. the prisoner came to my house for a glass of sixpenny ale; it came to 11l. 2d.—he threw half a crown on the counter—I gave him the change, showed it to my wife, tried it in the detector, and then told the prisoner it was bad—he said the conductor of a Chelsea omnibus had given it to him—I sent for a policeman, and gave the half crown to him—it had not been out of my sight.
JOHN COOLEY (policeman). The prisoner was given into my custody on 23rd Oct.—I only found one shilling and a half farthing on him—he said he lived at No. 6, Chapel-street, Pimlico—I went to two Chapel-streets, but could find out nothing about him—I received this half crown (produced) from the last witness.
Prisoner's Defence.. This is not the half crown I gave him.
GUILTY . Aged 28.— Confined Six Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
JOHN ST. LEDGER . I am the husband of Eliza St. Ledger; she is ill with typhus fever, and is not able to attend; I do not expect she is living by this time—here is a certificate (produced) from the surgeon.
(The deposition of Eliza St. Ledger was here read, as follows:—"I am the wife of John St. Ledger, who keeps the George the Fourth public-house, in Royal Mint-street; the prisoner came to the house yesterday evening, and asked me to serve him with half a gallon of beer, in a can; he gave me half a crown; I tried it, and bent it nearly double; he demanded it back, and I called my husband from the cellar—my husband went outside the bar, and said, 'How much more have you got about you? I shall give you in charge;' I saw my husband pick up a bad shilling from the floor; I gave it to the constable; the beer came to 6d. Signed, E. St. Ledger.")
JOHN ST. LEDGER re-examined. I keep the George the Fourth, Royal Mint street. On Wednesday, 7th Nov., my wife called me up from the cellar, and I went and saw the prisoner outside the bar—there was no money on the floor then—I kept my eye on him, and stood between him and the door—he had his hand in his jacket pocket, and before the policeman came I saw a shilling on the floor, between his feet—I had not seen it fall—I picked it up, and found it was bad—a constable came, and I gave him in charge, with the shilling—he gave it back to me to mark, and I returned it to him.
JOHN M'KAY re-examined. On 7th Nov. I was sent for to the George the Fourth, and took the prisoner—he said he found the coins in the gutter in the street—I searched him, and found 81l. 2d. in coppers on him—I received this half crown (produced) from Mrs. St. Leger, and this shilling from Mr. St. Leger—the prisoner said he picked them up in the street—I asked him if he knew they were bad; he said he did not—he said he lived at No. 4, Lambeth-walk—I went there, but could hear nothing of him.
Prisoners Defence, I found them in a cesspool.
GUILTY . Aged 32.— Confined Six Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
THOMAS LOCKNER . I am a tobacconist. On Sunday, 6th Nov., about 4 o'clock in the afternoon, the prisoner came for half an ounce of tobacco, which came to 1 1/2 d.—he gave me half a crown, and I gave him change—I not liking the appearance of it, he said, "Do you fear it is a bad one?"—I said" Yes, "and he handed me a second one—I sounded them, and found that they were both bad—he said, "You had better give me my money back, "and gave me a bad shilling—I went round the counter, followed him, and gave him in charge—the bad shilling could not have been the one I had given him, he gave me the change before that—he said, "You let me go, "and tried to go away—I kept hold of him, and gave the 3d. to the policeman.
THOMAS HODGE (policeman, F 124). I took the prisoner, and got these coins (produced) from Lockyer—the prisoner said he found them in a privy, where he lodged—I searched him at the station, and found a good sovereign, a good 6d., 2 1/2 d. in copper, and a quarter of an ounce of tobacco on him.
Prisoner's Defence. I picked up the money; I did not know it was bad; I had not had them half an hour, and I never looked at them.
GUILTY . Aged 53.— Confined Six Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
WILLIAM ROMAIN (policeman, L 14). On Sunday night, Nov. 13th, I went with Walters to No. 11, Monmouth-street, Dorset-place, St. Martin sin-the-fields, between 7 and 8 o'clock in the evening—I was in plain clothes—I knocked at the prisoners' room door, and the prisoner Emma Irons let us in—I said we were police officers, and had come there to take her into custody, on a charge of robbery, and commenced to search the back parlour, which was the apartment they rented—the three prisoners were there, and a little boy, two or three years old—(the outer door of the house had been answered by another person, who let us in)—I saw Mrs. Irons go to a cupboard, and take out something rolled up in a piece of paper, and go towards the fireplace—I called out to Walters the officer," See what she has got in her hand"—he went to look—she tustled with him, and struggled to wrench his hand away—he got the paper from her, and unrolled it—it contained four florins and two half crowns, counterfeit—Mrs. Irons said, in the other prisoners' presence, that she would account for how she got possession of it—I took the prisoners into custody—Mrs. Irons said at the station that she had brought the coins into the house without the knowledge of her husband.
Chandos-street—I let the back parlour to Mr. and Mrs. Irons, who gave the name of Jackson, about six weeks ago.
JAMES ALLEN . I keep the King's Head, Cumberland-street, Middlesex Hospital. On Friday, 8th Oct., Collins came, and I served her with a quartern of gin; she gave me a bad 2d.-piece—I told her it was bad, and asked what address she came from—she said, "No. 5, Charlotte-street;" then she said, "No. 5, Charlotte-place;" then she said, "No. 14, Cumberland-street"—when she saw I was positive in giving her in custody, she ran away—I ran after her, brought her back, and told her if she came from a proper address, I would send a man there—she would not send there, and I gave her into custody with the florin.
JOHN NUTTALL (policeman, E 92). Collins was given into my custody at the King's Head, for passing a bad 2d.-piece; she said she did not know how she came by it—I took her to the station, and asked her where she lived—she said she had been in service at Hommerton—I took her before a Magistrate next day, and she was remanded till the Thursday following, and then discharged—I saw Mrs. Irons at the police court; she came to give Collins a character, but was not examined—this is the florin (produced).
John Irons' Defence. I have lost my sight, and cannot tell what my wife brings into the house; I am helpless, and cannot even see to eat my dinner; I had a good situation before I was so bad, given me by Mr. Gladstone, who my wife served as wet nurse for six months; I think I ought not to be responsible for what my wife does when she is absent from me.
Emma Irons' Defence. I went out to get some bread, and met a young man whom I knew; he said he was going to the theatre, and asked me to mind this parcel for him; I never opened it, or touched it, but put it in a corner of the shelf; when the policeman knocked at the door I thought it was the young man come for it, and took it down from the shelf; I had not said a word to my husband about it.
JOHN IRONS— GUILTY .* Aged 38.— Confined Eighteen Months.
EMMA IRONS— GUILTY . Aged 30.— Confined Twelve Months.
COLLINS— GUILTY . Aged 21.— Confined Six Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
GEORGE MILLER (policeman). On 27th Oct., in consequence of information, I went to the Six Bulls, at Hammersmith, between 8 and 9 o'clock in the evening, and found the prisoner there—I told him I had received information that he had a quantity of counterfeit coin in his possession, and he was to give it up to me—he said he had nothing of the kind—I said I did not feel satisfied, and he must come with me to his sleeping-room (he was billeted there with the West Middlesex Militia)—he went up to his bed room with me, and I asked him if he had a box or bag—he produced a carpet, bag from under the bed—I told him to take the things out—he took out several things till he came to a paper bag, into which he put his hand, gave
me something wrapped in paper, and said, "There it is, take it"—I found it to be nine shillings, a crown, six half crowns, and two florins, all counterfeit, and wrapped up in separate papers—I asked him how he accounted for the possession of them—he said they were given to him by a man in the Strand—I asked him who it was; he said he did not know, nor where he lived—I said, "You must know these are bad"—he said, "Well, I did."
Prisoner. Q. You were in disguise? A. I was in plain clothes; I did not tell you I was a policeman till I got you into the parlour—there was no lock to the carpet bag—four of you slept in that room; it was the club room.
WILLIAM WEBSTER . This crown, six half crowns, two florins, and nine shillings are bad; three of the half crowns are from one mould, and two from another—the two florins are from the same mould—four of the shil lings are from one mould, and three axe from another.
Prisoner's Defence. I had no guilty intent.
GUILTY . Aged 24.— Confined Eighteen Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
JOHN INGRAM , I am barman, at the Red Lion and Still, Drury-lana On Saturday night, 5th Nov., the prisoner came for a quartern of the best rum, which came to 5d.; he threw down a shilling—I looked at it rather particularly, and he said, "Here is a sixpence, if you do not like it; do not bend it"—I put it between my teeth, found it was bad, and returned it to him—this is it (produced)—I told my master, and he went out after the prisoner.
JOSEPH MITCHELL (polite sergeant, F 6). On Saturday evening, 5th Nov., the prisoner was pointed out to me by Mr. Clark—I took him into custody, and asked him where the bad shilling was—he said, "The shilling is about me"—I took him to the station, and found on him the shilling produced, and two others, a good sixpence, and 7 1/2 d. in coppers—he said he had come up from Brentford.
Prisoner's Defence. I did not know I had a bad shilling about me.
GUILTY . Aged 50.— Confined Twelve Months.
NOT GUILTY .
JAMES ELLIS . I am an engineer, of Houndsditch, and work with my father. On Saturday last, about a quarter to 12 o'clock, I was on Cornhill and saw the prisoner and another woman standing by a lamp-post, about four doors from Gracechurch-street, with a young man, about twenty-four or twenty-five years old; she asked me the way to the Monument; they were disputing which was the way, and I directed them—the prisoner stepped a little more towards me, and said, "You will show me, won't you, old son?"—she put her hand in the right pocket of my trowsers, and took it out again—I immediately put my hand in, and missed about 10d. worth of silver—I had 1l. worth when I was at the Royal Exchange, and I missed half of it—I took hold of her by the wrist, and said, "This will not
do for me, you have robbed me—after a few minutes' contention she said, "Is this yours?" and held out her hand, and offered me 4s. 6d., or 5d.—I said, "You have more of my money; I shall give you in charge—an officer came up, and I gave her in charge—on the way to the station, she offered me 1d. 7 1/2 d., and said she would give me the rest if I would go with her over the water—the policeman fetched the man to the station; he was discharged.
Prisoner. Q. Did not you pull me away from the young man? A. No; on your examination you said you were so tipsy that you did not know anything; you had both been drinking, but you knew what you were about.
WILLIAM BUNTING (City-policeman, 632). I took the prisoner—on the way to the station she said to Ellis, "If I give you all I have got, you ought to be satisfied?"—I said I would not allow anything of that kind—she gave up 7 1/2 d. at the station, and nothing farther was found on her—she was very tipsy I thought.
Prisoners Defence. It is false, I came out with half a crown, and I had 1d. 7 1/2 d. when I was locked up—I offered him the money not to be locked up.
GUILTY . Aged 24.— Confined Six Months.
MR. RYLAND conducted the Prosecution.
ELIZABETH GRAY . I am single. I was living last month as cook to Jabez Jackson, of No. 5, Compton-terrace, Islington—on Monday, 14th Nov., I was the last person up; I secured the kitchen window with an iron bar, and the window fastening—I slept at the top of the house, there were two stories between—about three o'clock in the morning I was disturbed by a noise; I laid awake, listened, and heard some one trying to get from the back kitchen (there is a door on the staircase, which was fastened over night)—I called my master, who threw the window up, and sprung a rattle—I looked out and saw three men running out of our house up the area steps into the back yard; it was then, I think, about a quarter to 4 o'clock—they got over the wall, went down two or three gardens, and I could see them running over the walls—my master came down with me directly, and we found the kitchen window forced open, the wood work cut away, and they had got the bar out, so that anybody could get in—I have lived there four years—the house is in the parish of St. Mary, Islington.
Cross-examined by MR. O'BRIEN. Q. Was it a dark night? A. No; it was quite light—directly the rattle sprung, I saw three men run up the area steps, and along the stone pavement—the housemaid was with me—there are gardens at the back of the house.
WILLIAM LABCOMBE (policeman, N 99). On the night between the 14th and 15th Nov., I was on duty in Compton-mews; and about 20 minutes before 4 o'clock, heard a noise in Mr. Jackson's garden, No. 5; I got over the wall, but did not see anybody—I heard somebody in the adjoining garden, rushing away from No. 5—I sprung my rattle, and went over the wall into the mews, and saw the prisoner Hawkins on the wall, three or four houses from Mr. Jackson's—he jumped over into the next garden; I followed him through several gardens, and he was taken by some one else—in the course of the pursuit I caught Foster in a garden behind the chapel, standing against the wall, about 130 yards from the premises—I took him into custody, and as I brought him away I saw Hawkins on the wall by my side, going back towards Mr. Jackson's—I took Foster into the mews,
and then found Hawkins in the custody of another constable—I went back to Mr. Jackson's house, and saw a file picked up in the garden, I saw it fitted to the timber work where it seemed to have been used, and it fitted very well.
Cross-examined. Q. Did not you find Foster in an open place, attached to the chapel? A. Not in an open place—there are no means of getting in without getting over a high wall—the door is kept locked and bolted—I got over several walls—the soil was not very soft, it is grass chiefly, and some gravel—there may be a few flower-beds—it was a light night—I heard a noise in the garden first, and immediately afterwards I heard a rattle spring—I was in the garden of No. 5 when I heard the rattle spring, and I saw nothing—I did not stop to look at Mr. Jackson springing his rattle—I got over from the mews into the gardens—the wall is about seven feet high—I did not get out into the mews again till I had caught Foster—the rattle continued sounding for some time—there were people looking out of their windows—the chapel is about twenty yards from the public way—I do not know that I ever saw Hawkins before.
JAMES BELLEW (policeman, N 6). On the night of 14th Nov. I was on duty—I heard a rattle spring when I was 700 or 800 yards from Compton-terrace—I came along from the New North-road, and saw Hawkins about fifty yards from Compton-terrace, running from Hyde's-place—I stopped him, he resisted, and I struck him with my truncheon, and secured him—he said, "I give myself up quietly, do not strike me again"—I took him to the back of the terrace, where he was identified—I examined Mr. Jackson's house—part of the woodwork of the kitchen window was cut away, the marks on which corresponded with this chisel and file—I found this candle in the back area, and this chisel in the back kitchen—I also found marks on the door leading from the kitchen to the staircase, as if it had been attempted to be forced—the back kitchen door and window were both open—this (produced) is the bar of the kitchen window—I found it on the kitchen floor, broken in two—it had been wrenched off.
Cross examined. Q. Where was Hawkins when you struck him? A. In Hyde's-place—there is a thoroughfare right through the mews into the New North-road—that may be 100 yards from the chapel.
JOHN BARTROP (policeman, N 65). I was on duty on Compton-terrace on that morning—I heard a rattle a little before 4 o'clock, and went to the back of Compton-mews—I saw Larcombe in the garden of No. 17 or 18, and heard him say, "Come over and assist us, here they are"—one or two constables got over, I remained, and in a little time saw Hawkins run from the wall, and come up the mews towards where I stood—he halted at the corner, under a lamp post, so that I had a correct view of him—I went after him, and met him coming back in the custody of Bellew—I had not known him before, but am sure he is the person—when he was brought back he denied having been there at all, but I had a good view of him under the lamp, and it was a full moon—I have not the least doubt about him.
Cross-examined. Q. Was not the person in the mews more than fifty yards from you? A. When he came over the wall he was, but he came nearer to me, within fifty yards as near as I can tell—I followed him along the mews, and saw him directly he was stopped by Bellew, but did not see him stopped.
terrace, and about a quarter to 4 o'clock heard a rattle—I went, and heard Larcombe calling out, "Here they are, over the wall"—I went over the wall, and saw he had got Foster in custody—he told me something, and I went over the next wall, and saw Hawkins going over another wall—I saw no more of him till I saw him in Bellew's custody—I know he is the same man because I had a good look at him as he was getting over the wall—it was a very light moonlight night, and I was within ten yards of him.
Cross-examined. Q. How far was this from Mr. Jackson's? A. About 200 yards—I had not known Hawkins before—he went over the wall sideways—I first saw his back, and then got a side glance—I swear he is the man I saw in custody.
FOSTER— GUILTY . Aged 21.
HAWKINS— GUILTY . Aged 20.
—Four Years of Penal Servitude
OLD COURT.—Friday, December 2nd, 1853.
Before Mr. Justice Talfourd, and the First Jury.
MR. ROBINSON conducted the Prosecution.
LOUISA WESTON . I am single, and reside at No. 11, Finch-lane; I keep a house there, called the Louisa Chop-house—I know nothing of the prisoner. On Monday, 14th Nov., I received a letter from the hands of a boy; this is it—(read:" Madam,—I am truly sorry to trouble you, but I am very much in want of a little money. The fact is, I know your secret, Miss; and unless you wish to be the laughing-stock of a parcel of waiters, and a thing to be despised by those who do not sell their virtue, you will send me the sum of 7l. 10d. Madam, it may be some satisfaction to you to know that I have spent more than 100 times the sum I demand of you in your house, and I promise that it shall be faithfully repaid in three weeks from this time; but remember, madam, if I do not receive the money this morning, I promise you that you shall rue it before to-morrow's sun sets. You need not fear being again troubled by me, as I shall in a few months set sail to America. You must make a bundle of it, as though it was clothes; and if the bearer waits, give it to him: if it comes per post, direct it to Richard Jackson, Criterion coffee-house, Stone's-end, Borough, London. 'If you are so foolish as to try and brave me out, you will very soon see the effect of my tongue upon your business. Yours to command, if you choose, Jackson.") I never saw the prisoner, that I am aware of—there was nothing owing by me to him in any way—I do not know any person of the name of Jackson—upon receiving this letter, I communicated with the police—a bundle was made up, and sent to the Criterion coffee-house by a boy—I addressed it to" Geo. Jackson, Criterion coffee-house, Stone's end, Borough."
CORNELIUS BASSETT (City policeman). This letter was communicated to me by Miss Weston. In consequence of that, on Monday, 14th Nov., a parcel was taken by Edmunds to the Criterion coffee-house, and I followed
him—I made some communication to the landlord—we got there with the parcel about 4 o'clock in the afternoon, and waited until the prisoner came; that was about a quarter to 6 o'clock—he came in, went up to the landlord, and said, "I have called for the parcel that was left here in the name of Jackson"—the landlord handed the parcel to him, saying," You must speak to that gentleman before you go," pointing to me—the prisoner turned towards the door, as if he wished to make his escape—I said, "Are you the person that this parcel was sent here for?"—he said, "I am"—he went outside with the parcel; I allowed him to do so, to see if there was any one else there, and I found Simms standing outside—I said to the prisoner, "Is this young man your companion?"—he said, "He is"—I said, "How am I to know that the parcel is for you? perhaps you had better step inside, and write me out a receipt for it" he then wrote this receipt, "Received, of Mr. Bassett, a parcel left at the Criterion coffee-house; Robert William Smith, Nov. 16, 1853 George Banks."—that "George Banks" was put afterwards—after the prisoner had signed it, I said to Simms, "Perhaps you had better sign it also"—the prisoner whispered to Simms, "Sign George Banks"—I heard him say that, and he signed, "George Banks"—I took the letter from my pocket, and saw that the prisoner's writing to the receipt corresponded with it—I then said, "We are two police officers; and you are charged with sending this letter to Miss Weston, of Finch-lane, and endeavouring to extort 7l. 10d. from her"—the prisoner said, "This young man knows nothing at all about it"—after Simms heard me say we were police officers, he immediately said, "Stop! I have signed my wrong name; I will write my right one"—he then gave me his right name and address, which I found to be correct—in fact, I had a knowledge of the lad; I did not think he was guilty—the prisoner went on, and said, "He merely came, to see me; I asked him to take a walk with me"—he also said, "I wrote the letter; I wrote it at home; nobody was with me at the time; I sent it by a boy"—I said, "Where are you going to take the parcel to?—he hesitated a moment, and then said, "Over to Kennington"—I said, "You must go with us to the station house;" Edmunds, the other officer, took charge of the prisoner, and Simms walked with me—when we got to the station house, I searched the prisoner—I found on him three or four envelopes, one addressed to the housekeeper, at No. 14, Walbrook—that is the place where his mother is housekeeper—in consequence of a communication that Edmunds made to me, I took the prisoner in a cab over to Kennington Church—it was about two or three minutes past 7 o'clock when we left the station; I told the cab man to drive as fast as he possibly could, as it was a case-of importance, and he did so—I do not know the time we got there—the station house was in Seething-lane—I should think it was not more than twenty minutes past 7 o'clock when we got over there—I left the prisoner and Edmunds in the cab—I should say that the prisoner described a man to me, and I said, "You had better remain in the cab, and I will go and see if I can see the man, or a person answering the description; as, if he saw you, he would most likely make his escape"—I looked for him, and also made inquiries of the police, but could find no such person—I then said to the prisoner, "You had better take a walk round with me, and see if you can see him"—I took him round with me, and down all the by-streets round the church, and backwards and forwards in front of it—we waited there, I suppose, about half an hour, and could find nobody at all answering the description—in going back, I took the prisoner into the Criterion coffeehouse, and saw the landlady; she said, in the prisoner's presence, "I
believe that is the young man that called here on Sunday afternoon, and said he had taken the liberty of having a parcel directed to that house in the name of Jackson, and would we be kind enough to take it in?"—the prisoner replied, "Yes; that is the lady that I saw."
Cross-examined by MR. GIFFABD. Q. The Criterion coffee-house is just opposite the Stone's-end police court, is it not? A. No; about a minute's walk from it—there is a station house there, but I took the prisoner to the station in Seething-lane, on account of the letter having been received there—Seething-lane is about ten minutes' walk from Stone's-end—I am not aware of the distance from Seething-lane to Kennington Church—you would go over London-bridge.
WILLIAM EDMUNDS (City policeman). I went with Bassett to the Criterion coffee-house—I have heard his evidence; it is correct—I was with the prisoner when we went to the station, in Seething-lane—as we went along he told me that he was going to take the parcel to a tall man, about my height, in a blue coat, who was to be close to Kennington Church at a quarter past 7 o'clock—nothing further transpired, only he asked me my advice as to whether he had better give his right name and address, and all that sort of thing—I said, being a constable, I could not give him any advice, but I thought it would be more honest if he did—I afterwards went in the cab to Kennington Church—I should say it was about 20 minutes past 7 o'clock when we arrived there—we told the cab man to drive as hard as he could, and he did do so, and we tried every possible means to trace out the party—as we went along the prisoner said that he wrote the letter, he wrote it at home—I asked him what made him write it—he said the man that met him in the street—when he told me that he wrote the letter at home I said, "Then you must have a copy of it"—he said "No, the man dictated to me what to write"—he said the dictation was in the street—he said he had seen this man a good many times—I asked him if he could refer me to anybody who had ever seen him with the man—he said he could not.
Cross-examined. Q. Neither you nor Bassett, as I understand, looked at any clock at Kennington? A. No, we did not; it was quite dark when we got there.
WILLIAM SIMMS . I am clerk to a merchant, at No. 14, Walbrook; the prisoner's mother is the housekeeper of the chambers there. On Monday evening, 14th Nov., I was leaving Walbrook with him, at a quarter past 5 o'clock—he said he was going as far as Newington-causeway to look at a pianoforte that he was going to buy—I went with him—when we had got a few steps past the Criterion coffee-house, he said, "Stop a minute, I am going in here to see if there is a parcel left for me"—I said, "You must make haste, because I am in a hurry"—he went in, and in about three minutes came out with this parcel—the officer came out with him—he asked him for a receipt, and said, "I suppose this is your friend"—I went in, and saw him sign a receipt—I was also asked to sign it—the prisoner said to me, "Sign George Banks; don't sign your own name"—I did sign "George Banks"—I asked him why I was to sign that, and he said, "Hush, hush"—I afterwards said it was not my right name, and gave my name and address—I was discharged when I got to the station.
Cross-examined. Q. What time was it when you were in the station house? A. About a quarter to 7 o'clock—that was while I was being examined—I was asked some questions by the inspector—the Criterion coffee-house is before you come to Newington-causeway.
(The prisoner's statement before the Magistrate teas read, as follows:" I wish to say that the evidence is rather imperfect; the officer did not show me any letter, neither did he tell me the charge on which I was taken; and I have no doubt, if I had been at Kennington Church before half-past 7 o'clock, I should have discovered the man who instigated me in writing the letter, but it was half-past 7 o'clock when we were passing the Town-hall. I have met this man several times, and he said he had lost hundreds in this house, and it had been the means of his ruin, and that if he could get a few pounds he could go over to America, and redeem his fortune, and begged of me to write it His excuse was that he had St. Vitus's dance in his hand, so that he could not for any length of time hold a pen. It was not only twice or thrice that he tempted me to do this, but he pleaded poverty, and dogged my footsteps wherever I went; and at last, without intending to gain one farthing by it, I consented to do it.")
(MR. GIFFARD submitted that the letter in question did not contain such a menace as was contemplated by the statute upon which the indictment was framed (7 and 8 Geo. IV., c. 29; sec. 8); the word "menace" as used in the first clause of the section, must be taken to have some peculiar meaning, such as injury to person or liberty, as distinct from the threats enumerated in the second clause of the section; otherwise that second clause would be wholly unnecessary; there must be some threat of personal injury, and not a mere threat to do something which might be disagreeable; by the Libel Act, a threat to publish with intent to extort money, was made a misdemeanour; and the case would seem rather to come within the meaning of that Act, than to amount to the felony charged. Mr. JUSTICE TALFOURD was clearly of opinion that the objection could not be maintained; it would entirely defeat the object of the first clause of the Act of Parliament, if the word "menace" were to be construed as implying only some personal attack; threats might be made importing far more serious mischief, and more likely to result in obtaining the money demanded; but the use of the words, "without any reasonable or probable cause, cast back a reflective light upon the word" menace "and gave to it its full effect; those words showed that the thing was something which might be excused by there being a reasonable or probable cause for it; now if"menace" was construed to mean some specific act of personal violence or injury, it was difficult to see how there could be any reasonable or probable cause for any such thing; therefore if the Jury were of opinion that the prisoner sent the letter, and that the demand contained in it was without reasonable or probable cause, he was satisfied that it came within the statute.)
LOUISA WESTON re-examined. My house is a chop-house, not a coffeehouse; a place where gentlemen come to lunch or dine—there are no rooms for general entertainment—I have but one room, that is the shop.
GUILTY .—Recommended to mercy by the Jury on account of his youth.— Confined Six Months, the first and last week solitary.
87. ANTON TOMASINI , feloniously stealing 15 watches, 3'chains, and other articles, value 42l.; the goods of Ferdinand Bernhard Brown, his master, in the dwelling house of Mary Sumner; and afterwards burglariously breaking out of the said dwelling house.
(The prisoner pleaded Guilty to the larceny, and MR. COOPER, for the Prosecution, offered no evidence as to the burglary.)
GUILTY . Aged 27.— Confined Eight Months.
MR. CAARTEN conducted the Prosecution.
KEZIAH YORK . I am the wife of John York, of No. 1, Vine-court, Burn-street, Marylebone; I know the prisoners by sight. On 4th Oct. last I went into the King William the Fourth, in Salisbury-street, Lisson-grove, with another woman—some time after I had been there the prisoners came in; it appears that the woman who was with me went out and fetched them—I had 5d. or 6d. in money with me when I went into the house; it was in a handkerchief—I had 25d. altogether at first—I took the woman in to give her something to drink—I was not sober—the woman saw my money—I do not know that she knew the prisoners—I never saw them in her company—besides the 5d. or 6s., I had placed 15d. in the hands of the landlord of the public house; I do not know his name—I had 5d. of it back, and 10d. was left—I asked him for the 10s., and he gave it me—I put that in another handkerchief—one handkerchief was a blue one, with a white flower on it, and the other was blue, with a white diamond spot on it—the prisoners were not in the house when I got the 10d. from the landlord, they had not come in then—they saw it, because I took it out of the handkerchief and gave it to the potboy—they told me why could not I take care of it myself—they both said that, and I had it back from the potboy again—they saw that—I put it into the same handkerchief it was in before—I afterwards left the house—I went out before the prisoners—there was another in company with the prisoners, but I did not know him—the prisoners followed me out—Lamb asked me to "go somewhere else—I refused, and he then tried to get the handkerchiefs out of my hand—I fell down on I my knees; Lamb then took both the handkerchiefs out of my hand; he I twisted my hand round, and here is my gown to prove how I tried to struggle for them—the other prisoner took the handkerchiefs from Lamb, and they both ran away—I told them not to take my money, but they did, and ran away—I tried to follow them, but they escaped, and I did not see them any more till they were in custody—I was thrown down in the struggle by both of them.
Lamb. I went into the public-house along with my father and mother, and three or four working men, to have something to drink; the prosecutrix and another woman were there; she was speechless drunk; when she went out, three or four men followed her; I followed her too, but not to rob her; one man snatched her handkerchiefs from her; she said, "Don't rob me of my money? he ran away; I ran after him, but could not overtake him, and when I came back she was in another public house. Witness. I am not aware that Lamb's father and mother were in the public house; I did not see them—I know his father, I do not know his mother—I am quite sure that Lamb is one of the men that robbed me, because I caught hold of him, and he handed the handkerchiefs to the other man—I was not sober, but not so tipsy but what I knew them.
Lamb. After I was in custody she went to my wife to ask her for some money. Witness. I did not, his wife and her mother came to me to ask me what I would make it up for—they came to me several times before I went to them, and I said I did not wish to harm them if they would make up for the place in my gown—I went to the mother, and she gave me 5d. to keep away—I went to her on the Sunday evening, and she brought the 5d. to me
at the Green Man on the Monday—I took it and offered her 1d. back out of it, I spent the rest with them and more also.
JONATHAN CROMPTON . I am a chemist, and live at No. 8, South-street Islington. I was in the William the Fourth on 4th Oct., from 11 o'clock till half past 3 o'clock—I saw the prosecutrix and heard her ask the landlord for some money, I saw him give her 10d.—she wrapped it in the corner of a pocket handkerchief—I saw the prisoners in the house before that—there is a partition in the house—they were on one side of the partition before she received the money, and on the other side of it after she received it—at the time the landlord handed the prosecutrix the 10d. I think only the taller prisoner (Lamb) was there, he no doubt observed the money passing—I noticed that he then went out for perhaps half a minute, and then I Hainsbury came in with him—they went to where the prosecutrix was, I saw her in conversation with Lamb—she afterwards went out, Lamb followed her and said something to Hainsbury, and at the same time made some sort of side motion which I interpreted to mean that he should pull the handkerchiefs away from her—he made a sort of snatch with his hand and looked at her, she was close to them and had the handkerchiefs in her hand under her shawl—after they had left the house I heard a noise, I went to the door and saw three men pushing the prosecutrix, the prisoners were two of them—I saw her knocked partially down, I think on one knee—while she was down I saw Lamb pull the handkerchiefs away from her, and directly afterwards I saw Hainsbury take the handkerchiefs from Lamb, put them in his trowsers pocket and run off—she ran after them—they both ran away—while Lamb was snatching the handkerchiefs from her, she was attempting to keep hold of them—I did not hear whether she said any thing or not at the time—I saw nothing more until an hour and a half afterwards, when I think I saw Lamb just put his head within the public house door and then immediately go out again, he did not stay there more than a few seconds—I think when the 10d. was given to the prosecutrix, she might have had 3d. or 4d. in her hand—I saw silver and copper in her hand—I have no doubt whatever as to the prisoners being the persons.
JURY. Q. Did Lamb's father and mother come in with them? A. I do not know them; I saw several persons, they might have been there—I never saw the prisoners before.
WILLIAM SPRATLIN . I am a coach joiner, and live at No. 38, Burn-street, Marylebone. On 4th Oct., about 2 o'clock in the afternoon as I was passing the William the Fourth, I saw Mrs. York come out of the door—I saw two persons, Lamb I can swear to, but I cannot exactly swear to the other, with the handkerchief partly in their hand and partly in hers—they pulled her from the door and she went on the ground by the strength of the handkerchief, she laying hold of it—the handkerchief was taken from her, I could not say by whom, and 2d. or 3d. flew out of it—I heard her say, "Don't take my money"—that was after she was down on the ground—both the men then ran up Earl-street—the prosecutrix stood there and seized hold of a third person who came up, but I did not observe him being there, and I told her I did not think he knew anything about it—she afterwards let him go, and I do not know what then became of her—about an hour afterwards I saw Lamb at Cooper's beer shop in Bell-street Lisson-grove, where I happened to go in, I spoke to a policeman and had him apprehended—I am certain he is one of the men that took the handkerchief from Mrs. York.
COURT.Q. What do you say to the other man? A. I could not exactly swear to his being the other; he may be, he is something about the same size—I cannot say it was not him.
WILLIAM HYSON (policeman, D 81). On 4th Oct., Spratlin came to me—I went with him to Cooper's beer shop, and into the skittle ground—Spratlin there pointed out Lamb to me, and I took him in charge—I told him what I took him for—he said it was not him, he tried to catch the other one—I took him to the station, searched him and found on him a 4d.-piece and 4d.
WILLIAM MURRELL . I am barman, at the William the Fourth. On 4th Oct., I saw Mrs. York there—I saw her receive 10d. from my master, she I put it in her handkerchief—she afterwards handed the money to me—I returned it to her again—she put it into the same handkerchief again—I saw both the prisoners there—I knew them by their using the house—they were in the private entrance at the time she received the money from the landlord—they saw her give the money to me, and Lamb asked her to get it from me—he said, "Get the money, and let us go somewhere else—with that she got it, and he went away with her to go somewhere else—I do not know what happened outside—I know Lamb's father and mother by sight—I believe they were there, they had been in there before Lamb came in, and they remained after he left—Mrs. York was rather the worse for liquor—she was not so far gone as to lose her senses, she was in a state to know who robbed her, but I heard that she had more drink afterwards at another house—when she gave me her money she asked me to take charge of it, but she kept bothering me for it and I gave it her again.
JOSEPH BAWLINS (policeman, D 142). On 12th Oct a lad came to me about 6 o'clock in the evening, and in consequence of what he told me I went to Lisson-grove—I there saw Hainsbury and two others standing at the corner of a street, when they caught sight of me they took to their heels and ran away—I followed, and took Hainsbury out of a private house in Hereford-street—as we came along he got me down on the pavement, and kicked me very violently on the knee—I was laid up for three weeks, the two others were present at the time and assaulted me as well—they had not gone into the house that he had, they took another road, but they came up just as I brought him out of the house, and they all three knocked me down on the pavement—I did not tell him what he was charged with, I had no chance—my brother constable, Grantham, did; he came up and assisted in taking him to the station—he was told what he was charged with, and he said, That b—d."
Hainsbury. I was going in at my own door, when he came behind me, and said, "I want you my man;" I said, "What for V he would not tell me; he took me round a street; I asked him again; he said, "Come a little further, and I will tell you;" I would not go any further, and stuck to the railings; he got my hands away, and put his knuckles in my neck and knocked me down; another man came and knocked him down, and before he could get up, another policeman came by, and they took me. Witness. I did not knock him down; they knocked me down—what he states did not pass.
GEORGE GRANTHAM . (policeman, D 38). I saw Hainsbury at the corner of Lisson-street, with my brother constable—I saw Hainsbury run away—he was in company with two more—his cousin, who was one of them, struck Rawlins in the head—I did not see Hainsbury taken, because I went round the other way to meet him, in case Rawlins should not overtake him—I heard that he was taken, and went back, and found him in Rawlins' custody
—they were struggling very much—I saw him kick Rawlins in the knee, and I seized hold of him—I said, "I want you, for being concerned with another in robbing Keziah York of 14d."—he said, "That be b—d next morning he said that he took 8s., and it was all settled.
Hainsbury. I was on the ground, and you assisted in taking me up, and nearly choked me. Witness. Oh, that is an old Lisson-grove story—you have to be squeezed, and held somehow, that you do not get away.
Lamb's Defence. I beg for the mercy of the Court, for the sake of my wife; lama hard working man, and was never in custody before; I am innocent of the charge.
Hainsbury's Defence. The prosecutrix is a common prostitute; she is a well-known bad character, and I believe she has been convicted two or three times; she exposed herself in the public-house, and wanted a man to go with her; I and my cousin went in together to have half a pint of beer; this woman was inside, and five or six men and two women round her; in five or six minutes she went out; I went out to see what was the matter; I saw the woman down, and saw a man take the handkerchief from her, and runaway; I saw Lamb follow the man that took it.
HAINSBURY— GUILTY . Aged 22.
LAMB— GUILTY . Aged 20. Confined Twelve months.
(Hainsbury was further charged with having been before convicted.)
HENRY MARINER WHITE (policeman, D 13). I produce a certificate of Hainsbury's conviction—(read—Convicted at Clerkenwell, in Aug., 1852, of larceny; confined six months)—I was present at his trial—he is the man.
GUILTY.— Four Years' Penal Servitude.
NEW COURT—Friday, December 2nd, 1853.
PRESENT—MR. RECORDER; Mr. Ald. MOON; and Sir ROBERT WALTER GARDEN, Knt., Ald Before Mr. Recorder and the Fifth Jury.
MESSRS. BALLANTINE and POLAND conducted the Prosecution.
EMMA RICHARDSON . I am single, and live at No. 60, Margaret-street, Cavendish-square. On 9th June I left my house about 11 o'clock in the morning, to go to Ascot races—I left my servant, Martha Farmer, in the house—my niece was at home, she is a little girl—she was gone to school—I left my pocket book in my drawer in my bedroom—I believe the drawer was locked—there was in my pocket book two 20l. notes, three 10l. notes, and three 5l. notes—there was in the same drawer seventy-five or seventy six sovereigns, a watch and chain, four bracelets, one of which was a diamond one, and two sets of earrings and brooches—I left some plate, but not in that drawer—it consisted of forks, and spoons, and knife rests—I returned about 11 o'clock at night, or a very little after—I left Windsor by the half past 9 o'clock train, and came away immediately—I do not think it was later than 11 o'clock—when I got home, I went in my bedroom—there was no appearance of a robbery, the drawers and everything were shut—the room was in better order that night than I have ever seen it—I went in the kitchen to have my dress unfastened by my servant, and she asked me if I
had locked up my plate—in consequence of what she said, I looked, and missed the plate—I did not open the drawer immediately, because I had no suspicion, but in two or three hours afterwards: I then found that the jewellery, and the things in the drawer, had been taken—I took the key out of my dress pocket, and the drawer came open very easily—I believe it was open—there are no handles to the drawer; I pulled it with the key, and it opened very easily—I never saw either of the prisoners before they were in custody, to know them—I knew that Griffith used to come to see my servant—I had seen him at my door, but never spoke to him.
Cross-examined by MR. COOPER. Q. I believe a good many gentlemen come to your house 1 A. No, not many gentlemen, two or three, perhaps—some of the plate was marked, and some was not—it might be two or three hours after my servant gave me information before I looked at the drawer—I went to bed, but I was very unhappy in bed, and after two or three hours I opened the drawer—I was alone in bed—the servant does not sleep with me—my niece does sometimes, but she did not that night—the servant sleeps in a room near my bedroom—I do not know that she had a great many lovers come to her.
Cross-examined by MR. SLEIGH. Q. Griffith was a lover of hers? A. I know he used to come to see her—I saw this property safe on the morning of the 9th June—I went to the drawer and took some money, a few minutes before I left home that morning.
MR. BALLANTINE. Q. Would your servant be justified in letting gentlemen go in your bedroom while you were at the races? A. No; if gentlemen do come, they come to see me—I have never got any of my gold back again—I never saw any of the sovereigns back—I value the whole of the money, and plate, and jewellery, at about 300l.—I lost all that was valuable—they did not take my furniture.
MARTHA FARMER . I am now living with Mrs. Richardson, I left her service; but having come to London to give evidence, she allows me to stay at her house—I was in her service in June last—I recollect her going to Ascot Races on 9th June—I have known Griffiths more than twelve months—I was living servant in the same house with him—I know Le Raique—he was a fellow workman with Griffith—he worked with his brother in the chocolate business, at No. 10, little Titchfield-street—I lived servant there with Le Raique's brother, and Griffiths and the prisoner—Le Raique used to work there—I left that service on 5th Feb., to go to Mrs. Richardson—Griffiths used to call to see me after I left, and went to Mrs. Richardson's—he was not exactly paying his addresses to me, because he had a wife alive—he merely called as a friend—I recollect his calling on 9th June—I went to fetch the dinner beer at 1 o'clock, and I saw him in the street—he came across, and I said, "We have all met together"—the little child whom I had left at the door, Mrs. Richardson's niece, was on the step of the door—I do not perfectly recollect what Griffiths said—I said, "My mistress is gone from home, will you step in f"—he said, "Not now, I will call when I come from dinner w—I do not recollect telling him where my mistress was gone—he went away then—I am sure of that—when I came back with the beer, the young lady and I went and had our dinner—I saw Griffiths again about 2 o'clock—he came to me much about that time—I let him into the kitchen—while he was there, a gentleman called—he came inside the door—I told him my mistress was not at home—I did not leave him more than a moment—I found Griffiths in the kitchen when I came back—I left Griffiths while I went to fetch some
porter—I had had dinner at 1 o'clock, but I went to fetch porter because he asked me—that was after the gentleman came—I had to go opposite Oxford-market for the porter; that took me some little time—when I came back, Griffiths was still there—he remained till about three, and then he left—I went for the dinner beer at 1 o'clock, and for the porter between 2 and 3 o'clock—except that gentleman who called, nobody came into the house except Griffiths, to my knowledge—the gentleman went up stairs—he took a bonbon from the drawing room table, and went out again—I never lost sight of him at all—the plate was kept in the front parlour—my mistress's bed room is on the parlour floor—she has the parlour apartments, a sitting room and a bed room—the sitting room is just over where I was with Griffiths—I knew there was a drawer where this money and jewellery was kept—I knew my mistress had money in that drawer, I could not tell how much—I had not mentioned this, that I am aware of—Griffiths was very intimate with me—my mistress came home about 11 o'clock at night—I missed the plate about 7 o'clock in the evening—when my mistress came back, I asked her whether she had locked up the plate, and it turned out it was gone—I knew nothing about the jewellery and money being gone till my mistress found it out, in the middle of the night—I and Griffiths and I were given into custody on 25th June—I had seen Griffiths two or three days after the robbery—he came to me—I was talking to him—he seemed much surprised about the robbery—I do not know whether it was on that day or another that he said to me, "Don't say I was in the house, or the suspicion might fell on you and me"—Griffiths has seen me with plate—I cannot positively say whether he has seen where it was put or not—there was nobody in the house that day beside Griffiths, as I know of.
Cross-examined by MR. SLEIGH. Q. Your mistress went out early in the morning to the races; did you not go out during that morning till you went for the dinner beer? A. No, I did not—I was acquainted with Griffiths as a friend—I cannot say that it was more than a friendly intimacy—it was not greater than that between persons merely on friendly terms—he used to visit me—I knew he was a married man—I refuse to answer the question, whether I ever had any improper intimacy with him—gentlemen are not in the habit of calling and bringing ladies with them to Miss Richardson's house—several gentlemen do not call there almost daily—on that day I met Griffiths when I went out for the beer, and about 2 o'clock he came to the house, and while he was in the kitchen a gentleman came to the house, I went to the door and opened it—I know who he was—I have seen him several times—he has been in the habit of going to that house always alone—I never saw him go there with any other person—he has never met any other person at that house by appointment—when I let him in, the first room he went in was the parlour—I went in with him—I do not think we remained in the parlour a minute—he then went up in the drawing room—I saw him up, but I did not go with him into the room—he merely went up and down, as I may say.
Q. Did he ask you to go and fetch a clothes' brush? A. Not in the drawing room but in the parlour, and I did—he did not take it with him up in the drawing room—he asked for it to brush a bit of dirt off the toes of his boots—when he went in the drawing room, I went down in the kitchen—before I got down in the kitchen he came down the drawing room stairs, and said, "I must go;" and I let him out—the bedroom in which this property was is on the parlour floor—there is a door which communicates between
the parlour and the bedroom—not folding doors, but a door—that door is not locked—it is merely necessary to turn the handle to go in—I got the clothes brush in the back kitchen—the gentleman was in the parlour, and I brought it to him—he then went in the drawing room—I went in the kitchen, and he came down and went away—I made a mistake when I said I did not lose sight of him—I saw Griffiths two or three days afterwards; he came to the house—I told him of the robbery, and he seemed greatly surprised—I am not certain whether it was on that day that he told me not to mention that he had been at the house that day, because it might cause suspicion to fall on him—but it was before he was taken into custody—he was taken on 25th June—I do not know whether it was on the Saturday before that he called.
Q. lam not asking you his name, but I merely ask you whether the person who called that day, and for whom you got the clothes brush, is here to day? A. I do not see him—I hare not seen him this morning—I have seen him once since—he said to me as he was going out, "Tell your mistress I will call to-morrow;" and he did, and that was the time I saw him.
Cross-examined by MR. COOPER. Q. Miss Richardson keeps a part of this house? A. Yes; there is only the landlord in the house beside—there is no charwoman employed occasionally to wash or clean—some one comes to do needlework occasionally—no one is employed to assist me—I do for the landlord—we only keep one servant—I am Miss Richardson's servant—I make the landlord's bed, and do everything for him—he is not, in fact, my master—I decline to answer whether he and my mistress live together—I decline answering whether they sleep together; I have not seen them in bed—persons occasionally call to speak to the landlord—I am in the habit of looking after my mistress's room—she is not in the habit of leaving her drawer unlocked—I never saw into this drawer where the money was—I have heard her say that she kept money there, but I do not think I have ever seen into her drawer—I am not in the habit of dressing my mistress—I heard her say she had money; I do not know how much—I heard her say so a week or two before this robbery—I do not recollect whether it was more than a week or two before—I am not aware that I mentioned to any one that the told me that she had this money—she talked about putting it in the bank—I did not know which drawer it was in—the said it was in the drawer—I know her jewellery was there—the money was with the jewellery—I was very seldom in the room—I may have seen her put her jewellery in that drawer—I am sure I cannot tell whether the money was in a box or a bag—I do not know on which side of the drawer it was—on that day I had to go to opposite Oxford-market for the porter—it takes, I believe, about four minutes to go there—my mistress's nieer was not there the last time I fetched the porter; she was gone to school; she always goes to school in the afternoon—I think Griffiths that—Griffiths was in the habit of coming to me about once or twice a week; he did not take tea or dine—he used to chat with me—we did not talk over the matters of the house—I had not other visitors and friends come to see me—I do not think one person came to see me but him—I do not know any female servants—the last time I went for the porter I might be about four minutes—when I came back to the house I only saw Griffiths—it was about 7 o'clock in the evening when I found that anything was gone—I had not cleaned the plate that day, and I went to take the basket, and it was empty—I told my mistress when she came home—I said, "Have you locked up the silver?" and she said, "No"—she seemed much alarmed, and could not have any sleep
after it, and she got up—I went to bed, and when she missed her money she came in the bedroom to me—this money was in the bedroom drawer—the landlord was not at home either of the times when I went for the porter—I was left alone with the niece, and she goes to school—when I came back the first time from getting the beer, I did not look about; 1 went and got my dinner.
MR. SLEIGH. Q. Was it before you went out for the beer that the gentleman called? A. Before I went out for the porter the second time.
MR. BALLANTINE. Q. This gentleman called between 2 and 3 o'clock, while Griffiths was with you in the kitchen? A. Yes, I let him in, and spoke to him on the mat—he went into the parlour first to have his boots brushed, and I had to go down stairs to fetch the brush—I went very quick—I came up, and brushed his boots—he was still in the parlour—it was after that that he went up stairs, and took the bonbon, and he came down, and I let him out—he had not the plate, or gold, or any other article about him—he is a gentleman who had called on this lady before—he is, in point of fact, a gentleman who calls on her—I am quite sure after he had got the bonbon I did not lose sight of him—the plate basket was kept in the cheffonier in the parlour—I might have said some of my mistress's affaira in conversation with Griffiths—I cannot say what particularly.
Q. When you learned from your mistress that she had got the money, did you hear from her from whom she got the notes? A. On one occasion, her landlord, Mr. Goyard, had come in, and left a 201. note on the table—my mistress was not at home—I took the note, and put it into my pocket, and gave it her when she came home—that might be about a month before the robbery—I cannot say how long—I never recollect mentioning anything about that to Griffiths—I never remember saying anything about it—he was in the habit of visiting me—the child was in the habit of coming from school in the morning about 1 o'clock or a few minutes before, and she goes to school about 2 o'clock—Griffiths knew that between 1 and 2 o'clock the child was always at home—he did not come back till after the child was gone.
Cross-examined by MR. SLEIGH. Q. Bid you let Griffiths out of the house at 3 o'clock when he went away) A. Yes; he had not anything with him that I-saw.
EMMA MATILDA RICHARDSON . I am eight years old; I live with my aunt at No. 60, Margaret-street, Cavendish-square. I go to school at 10 o'clock in the morning—I return home at 1 o'clock to dinner—I return to school again at 2 o'clock—I remember the day my aunt went to the races, 9th June—I went to school as usual that day, leaving Martha Farmer at home—I returned to dinner as usual at 1 o'clock—I saw Griffiths that day at 1 o'clock at the step of the door—I did not see him go away—he did not go into the house then—Farmer was talking to him—I did not see him afterwards on that day.
Cross-examined by MR. SLEIGH. Q. Were you at home only between 1 and 2 o'clock? A. No—I went to school at 10 o'clock—I was up when my aunt went away—she was not gone when I went to school—I went back to school again about 2 o'clock—no person called at the house between 1 and 2 o'clock—I am sure of that—I saw Griffiths outside the house, at the step—I was standing at the step while Farmer was gone for the beer—I had been in the house before she went away, and I stood at the door and waited for her—I returned from school at 5 o'clock—I do not know what time my aunt came back from the races—I went to bed—there was a knock
at the door while I was in bed—I do not know who knocked or who came in—I went to bed between 8 and 9 o'clock—a gentleman called before I went to bed, but he did not come in—he saw Martha—he came to the street door, and went away.
MR. BALLANTINE. Q. Where did 70a sleep that night? A. In the little bed room by the side of the back door, on the same floor that my aunt sleeps—I heard a knock between 8 and 9 o'clock, and Martha went to the door—I heard the door shut immediately.
COURT. Q. I understood you at first that you heard a knock when you were in bed? A. I was in bed—I only heard one knock that evening, and the gentleman did not come in.
MR. SLEIGH to MARTHA FARMER. Q. Before this little girl went to bed, did any person call at your mistress's house 1 A. I do not know whether she was in bed; a gentleman called after she went to bed—there was one knock, a person that did not come in.
FRANCIS GOYARD . I am a sculptor and modeller. I know Miss Richardson—since the new year I have given her 70l.—I know the notes that I gave her—I kept the gold for my use, I did not give it to her—that is my house; I am the landlord—I have plenty of business, all that I can do—I am well paid—I go out between 8 and 9 o'clock—I come home about 10 o'clock—I sometimes take my dinner in the house, but very seldom—on the night of the robbery I came home, and Miss Richardson was crying—I said, "I shall fetch the policeman"—I did not take back my 20l. note—the notes were the result of three checks of Mr. Jackson's, in Raytheon-place—I am employed by him in making designs—these are the checks (produced) for which I got the notes—I came home that 'night, I suppose about 10'clock, before Miss Richardson.
JAMES COFFEE (police sergeant, E 31). I took Griffiths into custody on 25th June—Farmer was in custody too—after the first examination at the police court, the prisoners were in the waiting room, and Griffiths said, "I was never near Miss Richardson's house on the day of the robbery; it is all spite on your part to say that I was"—Farmer had said that he was—he further said, "If you say I was not there, we shall all get off"—at that time none of the property was found—they were remanded one week, and then discharged.
WILLIAM SMITH (police sergeant, E 16). I apprehended Le Raique on 11th Nov., at No. 10, Little Titchfield-street, his brother's place of business—I knew where he lived, at No. 13, Bath-place, New-road—I went there, and found some spoons and forks in his bed room, the second floor bed room—some were in his bed room, and some in his sitting room—I found this ring there.
Cross-examined by MR. COOPER. Q. Where did you find this plate t A. The major part was in a drawer in the bed room—I know it was his bed room—his wife took me there—when I first went I found Mrs. Le Raique—I took some rings off her fingers—I went home with her, and she produced the keys, unlocked the drawer, and showed what she had—it is not a very large house—it is decently furnished—there were other lodgers—I brought away all the plate they had, except these two knife rests—I went afterwards, and she gave them to me—I spoke to her about them, and she said, "Yes, I have them; you can have them"—Le Raique's brother has been in this country ten years, I believe, from information—he is a chocolate maker, and the prisoner Le Raique has lived and worked with him about four years.
EDWARD JOHN FIELD (policeman, E 165). I went with the last witness to Le Raique's house—I found one fork, one spoon, and one gold ring, in a drawer in the front parlour, not the drawer the others were in.
HENRY LE RAIQUE . I live at No. 10, Little Titchfield-street, and am a chocolate manufacturer. The prisoner Le Raique is my brother, he worked for me, and so did Griffiths—I remember my brother being taken into custody on the last occasion—I received a communication from his attorney, and in consequence I went to the cellar of my own premises—I found this jewellery there, and this 20l.-note—this property was in the middle of the cellar floor concealed under a brick, so that a person going in the cellar without information would not know where it was—Mr. Randall's clerk took away what I found with him—Griffiths was a fellow workman with my brother, and he had access to that cellar, which was used to put charcoal in—my brother and Griffiths were in the habit of going there for charcoal, and I used to go there.
Cross-examined, by MR. SLEIGH. Q. How long had Griffiths been in your service? A. About three years and a half; he bore an irreproachable character—I have two persons in my employ for business; I have no other persons in my employ besides the prisoners, in the same capacity—we have females—all the persons in my employ may have access to the cellar, but they do not go there—it was the business of my brother and Griffiths to go there, and I used to go there myself—this property was not discovered till Nov.—between June and Nov. I had been in the cellar frequently, and this was so concealed that I did not see it.
Cross-examined by MR. COOPER. Q. How long has your brother been here? A. About six years—he has been with me great part of the time—he has been very steady, and has been my head man next to myself—I do not know exactly how long he has been married—I did not know his house—there was a little dispute between me and my brother's wife.
COURT. Q. You remember Griffiths being taken into custody in June A. Yes; he came back to my place after that, and both he and Griffiths continued to work till Nov.
EDMUND SUMNER . I am clerk to Mr. Randall. I was sent to the last witness to make inquiries—I received this property—I took it to Mr. Lewis, the solicitor for the prosecution—I left it there according to my instructions.
JAMES LEWIS . I am a solicitor, and live in Ely-place. I received these articles in a sealed parcel—they are in the same state in which I received them—I had the prisoner's brother summoned, and he accounted for them as he has to day—the parcel contained this 20l. note.
MARTHA ANN MILES . I am single—I know the prisoner Le Raique, and I know his wife—I have never seen this jewellery before—I have seen some of this plate—these two spoons, these four table spoons, these spoons marked "E," and two not marked—these six I saw—Mrs. Le Raique showed them to me in the month of June—she made no secret of it.
WILLIAM HENRY ROTHOMLEY . I am clerk to Sir Samuel Scott and Co., Cavendish-square. Jackson and Sons keep an account with us—these checks are my paying—I have the numbers of the notes that were paid for them, a 20l. note, No. 12994, and two 10l. notes, Nos. 70629 and 36682.
—I asked him to sign some papers for me Mr. Goyard, the landlord desired me to do it—I asked Le Raique to sign the names Johnson and Morrison—I had taken a note with the name of Morrison on it—these are the papers he signed—I see how Johnson is spelt by him—it is "Jonhson."
Cross-examined by MR. COOPER. Q. Had you ever seen him write before?A. No.,
MR. BALLANTINE. Q. From seeing him write on that occasion, are you able to form an opinion of his handwriting? A. I believe the "Jonhson" on this note to be his writing—there is a resemblance between that and the writing on this paper—this note is No. 12994—the word" Jonhson" on this other note I believe to be his writing also (No. 36682)—I should say that there has been an erasure on these spoons, and this engraving put over it—I should think these have been erased, and these others have not—these spoons are English make, and these others are French or German.
Cross-examined by MR. COOPER. Q. You cannot positively say that the engraving is over a previous one? A. I should say so from the appearance of them—in second-hand plate that is a common occurrence—French and German plate is common in this country—I do not do all the writing in our shop, but generally so—persons who come to pawn anything do not write—I have not been in the habit of comparing writing—in my opinion "Jonhson" and "Morrison" on these notes is the same writing.
EMMA RICHARDSON re-examined This plate is all mine—it was counted to me—these six articles were made in Germany, and had "H. S. "on them—these English articles were not marked—these forks are also marked "H. S."—they were made in Germany—these others were not marked—these tea spoons were marked with "E."—here is one of them that I know by a. particular mark; a child bit it—these spoons were not marked—here is all I lost—this gold chain and these rings are not mine—this other ring is mine—I lost it eighteen months ago—this other ring was stolen at the time—this bracelet I had intended to wear that same morning, but I put it back in the drawer—this is not all the jewellery I had—the stones have been taken out of these bracelets—they were not valuable—here is my own watch—there was a branch broken off this bracelet—none of the stones have been taken out of it—these notes I received from Mr. Goyard—I cannot at all account for the loss of this ring that I missed eighteen months ago—Martha was staying with me then, but I had another servant at that time—I do not think Martha ever saw this—I have heard that Griffiths had been at my house.
Cross-examined by MR. SLEIGH. Q. Had you ever seen him at your house at that time? A. No—at my front door there is a latch lock—there is only one key to it—it is a Chubb lock.
Cross-examined by MR. COOPER. Q. You say that Martha was with you eighteen months ago? A. Yes—here is one watch here that does not belong to me—I know this plate well.
COURT to MARTHA FABMER. Q. How long have you been at Miss Richardson's? A. I was residing there in May, 1852—I went from there to Mr. Le Raiques, and Griffiths was there—I went to Miss Richardson's in Feb. this year.
MR. COOPER called
CHARLES INWOOD . The prisoner, Le Raique, lodged with me about a year—I had a reference to his former landlord, and heard an excellent character—he was always very steady, and very regular to his work in the morning, and at home at night—he bears a good character, as far as I know.
Cross-examined by MR. BALLANTINE. Q. Is he a foreigner? A. I believe he is a Frenchman or German—I could not tell you whether he is a German, Frenchman, or Italian—I do not know whether he is a foreigner or an Englishman—I have no idea about it; I do not think at all about it—I do not know what countryman he is—I am an Englishman.
Q. Do you know whether this man is an Englishman or a foreigner? A. I believe he is a Frenchman—I know his brother is a Frenchman.
MR. COOPER, Q. Do you know what the term foreigner means? A. Yes, not an Englishman—I mean by an Englishman a man born in England—I could not tell whether he was born in England, but I believe him to be a Frenchman.
COURT to HENRY LE RAIQUE. Q. You looked in the cellar in consequence of a communication from your brother's attorney? A. Yes; my brother was then in custody.
LE RAIQUE— GUILTY . Aged 30.
GRIFFITHS— GUILTY . Aged 26.
Four Years Penal Servitude
THIRD COURT.—Friday, December 2nd, 1853.
MR. PLATT conducted the Prosecution.
THOMAS DOWDEN . I am a builder, of Halton, in Hampshire, and officiate as parish clerk there. I knew the prisoner there, and his wife, Mary Louisa Gray—I was present at their marriage, in Halton Church, on Aug. 5th, 1840, and took my part in it as clerk—an entry was made in the parish register; this is a true copy of it (produced)—I have examined it with the register—(read—Richard Thomas Clement Gray and Mary Louisa Burnt married Aug. 5th, 1840)—they lived together, to my knowledge, three or four years, and kept a grocer's shop.
Cross-examined by MR. DEARSLEY. Q. Did you extract this copy? A. No; the clergyman did it—I examined it with the register, bit by bit.
MARY ADAMS . I am a widow, living in Prescott-street, Whitechapel, and am the mother of Mary Bagnall Adams. She was married to the prisoner on 20th Aug., at the Register-office, Stepney—the prisoner informed me that the proper notice had been put up—I had known him six years—while he was paying his addresses to my daughter he said he had had a wife, and that he was married to her at Halton—he said he had had two children, but one was dead, and that his wife was dead—I had one of the children staying with me four months.
Cross-examined. Q. I believe part of the time he was paying his addresses to your daughter, he was in the Queen's Bench, and you used to go with your daughter to see him? A. Yes, twice or three times; we dined there twice—he has behaved very kindly to my daughter since her marriage—he had no money with her—a man could not behave more kindly than he has done.
MARY BAGNALL ADAMS . I am the daughter of the last witness, and am twenty-one years old. I have known the prisoner six years—I went through the ceremony of marriage with him before the registrar, on 25th Aug., 1852—when he proposed marriage to me he said he had a wife living, but she
was living in adultery; that she had been in a madhouse, and that he was separated from her, but he said that she was alive—at the time of my marriage with him I believed it to be a good one—when he first proposed, he said he had better wait a little time till he was settled in business—I lived with him five months, up to the time of his apprehension.
Cross-examined. Q. I believe he has treated you with great kindness? A. He has; we lived together as man and wife for some time before we were married—I knew that his wife was living, but thought he was separated from her on the score of adultery—he took a house, and has kept me ever since.
CORNELIUS FOAY (police-sergeant, H 7). On Sunday morning, 24th Nov., I took the prisoner, at Poplar—I told him he was charged with intermarrying Miss Adams, his wife still living—he said, "Very well; I considered myself a single man; my wife has been living in adultery for the last five years, with an omnibus proprietor; I suppose I must go with you"—I said, "Yes; I have come for that purpose"—I showed him both the certificates—the first he said he knew nothing about—this is the second (produced)—he also said his wife had been in a madhouse, and that Miss Adams knew that he was a married man.
(MR. DEARSLEY submitted that the case being closed there was no evidence to go to the Jury; that the prisoner's wife was living; and that a similar case had occurred at York Assizes, before Mr. Justice MAULE, who would not allow the prosecuting counsel to recall a witness after his case was closed The COURT considered that the prisoner's statement, that his wife was living with an omnibus proprietor, was evidence for the Jury upon that subject)
GUILTY . Aged 35.—Recommended to mercy by the Jury Confined One Month.
MR. DEARSLEY conducted the Prosecution.
MARY PATTISON . I am the wife of William Pattison, of No. 28, Hoxton-square, Shoreditch On Wednesday, 23rd Nov., about half past 10 o'clock in the evening, I and my husband were sitting in the parlour, and I heard a scratching at the door, which I thought was the cat—I lit a chamber candle, put it on the end of the table just by the door, and opened the door to let in the cat—I saw the prisoner in the passage, rather behind the street door—I called out to my husband," Here is a man; "and said to the prisoner," What do you want?"—he instantly got round to the other side of the door, sprung down the stairs, and ran away—I went down the steps after him; I saw him turn the corner, and heard a cry of something—I cried," Stop thief! and he was brought back not more than five minutes afterwards—I recognized him instantly, only he had dropped his hat—I found a skeleton key left in the lock—the door had been fastened with a strong lock; I saw it safe half an-hour before—the prisoner had a hat on when I saw him in the passage; I had a light, and I was close enough to him to put my hand on his shoulder—I had time to observe his features, and I have no doubt he is the man.
Cross-examined by MR. O'BRIEN. Q. Was the street door open when the man ran out? A. Yes; he had not closed it—it was a very dreadfully foggy night, but it had cleared off a little—he could not run away the moment I came out, because the door was partly closed—his back was to me—I suppose, from the noise, he was endeavouring to get the skeleton
key out, and the light from the parlour door shone on him sideways—there was also a large candle burning on the table, and a strong fire—there was no lamp in the hall; they are very small passages in Hoxton-square; the front parlour opens near to the street door—the prisoner turned to the left from our house—there were no servants living in the house; but my daughter and grand-daughter were up stairs going to bed—I am confident they had not been to the door, because they must have passed the parlour door—the parlour door was not open.
MICHAEL O'BRIEN (policeman, N 107). On 23rd Nov. I was on duty in Hoxton-square, and saw the door of No. 28 standing open about twelve inches; it was about a quarter past 10 o'clock—I heard Mrs. Pattison say, "Who is that at the door?" there was no reply—she again said, "Who is that?"—presently the prisoner darted from the door into the square; I am sure he is the man—he had his hat on, and ran in the direction of Old-street road—I ran after him, crying" Stop thief!"—he was six or not exceeding nine yards before me—he did not pass me—there was a dense fog at the time, but I could see him as distinctly as I can now at the distance he was from me—he was taken by another constable—I lost sight of him for about a second, not more, as he turned the corner—there was nobody between me and the person who apprehended him—I found this skeleton key (produced) in the lock.
Cross-examined. Q. The nearest you were to him was six or nine yards? A. Nine yards was the farthest; I may have been five yards and a half from him—I had never seen him before to my knowledge, but I could see him as distinctly as I can now, in that dense fog—I swear that; the reflection of a lamp was by—the fog was not so bad in Hoxton that you could scarcely see the lamps.
JAMES GRIMLEY (policeman, N 90). I was on duty in Murray-street, Hoxton, and heard a cry of "Stop thief!"—I met several persons running, the prisoner was rather before them; he came close to me—I took him into custody, searched his pockets, and found this skeleton key and gimlet (produced)—this key will pick the lock, the other will not—he struggled, j and O'Brien came to me, and said that he was the man he had been following—after taking him to the station I went back to the spot where I took him, and found these other three skeleton keys—I had seen his hand in his pocket there, and heard something drop that sounded like keys; it was then that I put my hand in his pocket, and found one key and the gimlet—when I took him, his hat fell off in the scuffle.
Cross-examined. Could you see far before you? A. Not far; it was rather foggy at the time—I think it was about the worst foggy night we have had—I heard that the omnibuses and cabs were obliged to cease running—I could see more than nine yards away, so as to recognise a person—the prisoner was the first person I met running; he was three or four yards before the others—four or five persons came up before the police—three or four seconds, or a minute, elapsed before O'Brien came up—I think he came up at the time I got the key—it was twenty minutes or half an hour before I came back to the spot.
GUILTY .— Confined Twelve Months.
92. THOMAS WILLIAM BOWDON , burglariously breaking and entering the dwelling house of Edwin Kenworthy, and stealing 122 yards of cloth, 10 yards of silk, and other articles, value 160l. 10d.; his goods.
MESSRS. SLEIGH and LILLEY conducted the Prosecution
EDWIN KENWORTHY . I am a tailor, of No. 20, Cropley-street, Hoxton, in the parish of Shoreditch. On 16th Oct. I and my family retired just after 11 o'clock—I believe I was the last person up—I saw to the fastenings of the front door, and I believe other members of the family had secured the rest—between 2 and 3 o'clock I was called up by a policeman, and found the front door wide open, and a quantity of cloth tied up in a bundle by the shop door; the back parlour window was right up, and a ladder reared against it—my place appeared to be ransacked; the things were removed from the shelves of the shop—there was about 270 yards of fine cloth, and 10 or 12 yards of silk removed, which were worth 140l., and a silver watch was taken out of the stand in the back parlour, which I had seen on the Sunday evening, at 11 o'clock—two boxes were taken from the sideboard in the back parlour to another part of the room—these goods (produced) all belong to me, and were safe on the night of the 16th—I found two chisels on the shop counter, which are not mine, nor were they there the night before—it was my ladder which was against the window—it was at the back part of the yard when I went to bed.
CHARLES BUSAIN (police sergeant, N 25). On 17th Nov., a little after 2 o'clock in the morning, I was at the corner of Wenlock-street and Cropley-street—I had a view of Mr. Kenworthy's door from that point—I looked up and down the street, and saw the prisoner and another man emerge from the prosecutor's doorway—they stood apparently talking together for about half a minute, and I crossed over to them—there was not a soul else in the street, I had looked up and down before—seeing me they came towards me, and met me at the corner of Cavendish-street, which runs into Temple-street, between where I was standing and the prosecutor's shop—it was a beautiful moonlight night, one of the lightest nights I ever was out in—the prisoner was on the outside of the pavement, and as he passed by me I had a full view of his countenance, but the other I could not see so well, as he hung his head down—the prisoner wore a coat similar to what he has on now, and a plaid scarf, and a hat—I suspected that it was not all right, and found the door of the prosecutor's shop about a foot open—I then saw the prisoner and the other man running down Cavendish-street—I drew this plan (produced) of the streets, and know it to be correct—I ran to the corner of Cavendish-street and saw them running—I sprung my rattle, and called "Stop thief!" pursuing them across the New North-road to Minton-street, where I lost sight of them—I went back to the prosecutor's shop, and found three immense bundles of cloth tied up in the doorway, and the shop ransacked; the parlour window was open, and a ladder reared up against it—Mr. Kenworthy took a couple of chisels from the counter—I tried one of them to the marks in the window, and found that it fitted—the back parlour window had been forced—I found a box of matches there—I returned to the station and reported the robbery to the inspector, and on looking up I saw the prisoner, and said, "That is one of them that I chased"—he made no answer—the inspector went to the shop, brought the property down, and told the prisoner he would be charged with breaking into the tailor's shop—he said he could prove he was not there.
Cross-examined by MR. PAYNE. Q. Had you ever seen him before? A. Not till I saw him come out of the house—he had a different tie to what he has now—the moon was shining, and it was full at the time—they came towards me, but not till I was in the shade of the houses—they could not see me till I moved towards them—they could see I was a policeman; I had my great coat on—they did not run the other way; they did not pass
me, but they turned the corner as I got to it—I was then not more than two and a half yards from them, and I looked at the prisoner well, having some cause of suspicion—I did not pick out the prisoner at the station—there was no other prisoner there; he was sitting by himself, very comfortable, and I was very much surprised when I saw him.
MR. LILLEY. Q. Was Alsworth present at the time you saw the prisoner? A. No; I did not see him for an hour afterwards.
WILLIAM ALSWORTH (policeman, N 71). On 17th Oct., about a quarter to 3 o'clock in the morning, I was in the Whitmore-road, which is a quarter or half a mile from Devonshire-street, and saw the prisoner with an umbrella in his hand—he seemed to have been running, for he was out of breath, and was looking round, as if to see whether he could see any person—he stopped, and went into a front garden; he seemed frightened, and was looking about him—he came out of there, and went into another garden, came out of that, and went into a third—I went to him, and asked what business he had there; he said he should not satisfy me, it was not my business to ask him that question—I said that if he did not satisfy me I should take him to the station—he said, How many of you?—I took hold of him to take him to the station, and after I had got him some distance, he said, I will satisfy you now—I said, You would not satisfy me at first; I shall take you to the inspector, and you shall satisfy the inspector—he did not give his address at the station in my presence; but in consequence of directions I went to his brother's house, No. 2 Wilson-street, Drury-street, Drury-lane—I believe the prisoner did not give any address at the station.
EDMUND PAYNE (police inspector, N). On 17th Oct., about a quarter or ten minutes to 3 o'clock, I was on duty at Robert-street police station, and the prisoner was brought there by Alsworth on suspicion of entering the enclosed premises in the Wigmore-road, with intent to commit a felony—I asked him what his business was there; he said the fact was, he had been lodging at a house for a week, but had left there that morning, and the parties with whom he was lodging were to get him another lodging in the same road at the house of a person named Howard, or Coward, and he was looking for the house when he went into those places, he mentioned a number, but I forget it—as I thought there might be some truth in that statement, I directed a constable to go back and inquire whether he had really a lodging there or not—before the constable went, I said, How do you account for being out at this hour of the morning?—he said, I can explain that; I have been over in Long-acre to spend the evening with my brother, producing a card—I believe this to be the card (produced)—I asked him if it was his card; he said, No, it is the card of my brother—I sent a constable to the place where he said he had been lodging to ascertain the truth of his statement, and directed the prisoner to go and sit down—in a few minutes sergeant Busain entered, and said that there had been a burglary at a tailor's shop in Cropley-street—casting his eyes across the station to the prisoner, he said, That is one of them—I asked him for an explanation, because the prisoner had been brought from a distance—he explained the circumstances, and the prisoner made no reply whatever—I went down and examined the prosecutor's premises, and on my return the prisoner was sitting there still—I said, Well, sir, it is my duty to inform you that a much greater charge will be made against you; you will be charged with being concerned in this burglary—he merely said, I can prove I was not there—after the remand, I directed Alsworth to make inquiries at his brother's.
Cross-examined. Q. The prisoner was remanded for a week, was not he?
A. Yes—since his committal he has been admitted to bail—he surrendered yesterday, but I cannot tell who admitted him to bail—the question of bail was proposed by Mr. Robinson, when the committal took place, and I saw the prisoner out and about.
HENRY STURGEON (policeman, K 492). On Sunday night, 16th Oct., about half-past 10 o'clock, I was on duty in Shepherdess-walk, City-road, about 300 yards from Cropley-street and Devonshire-street, and saw the prisoner and three others standing at the door of the Standard public house, talking very loudly—I went to them, and requested them to move on—they said nothing, but walked into the public house—I was standing at the same place at a few minutes after 12 o'clock, after the public house was closed, and saw the prisoner and seven others with him—I told them to leave the place I would not have them loitering about at that hour of the night, and the prisoner and three others walked away in the direction of Wenlock-street—I followed them into Wenlock-street, and at a short distance up the street the prisoner turned round, and said, Look at the b-y copper, see how he is larking us—I followed a short distance, met another constable, and told him—I did not speak to the prisoner personally, but I am able to say he is the man who addressed that to me.
JAMES PARSONS (policeman, N 276). On the night of 16th Oct., at a little past 12 o'clock, I saw the prisoner and three others at the corner of Remston-place, New North-road; that is about 150 yards from Cropley-street—I saw him again about half an hour afterwards, at the corner of Shaftesbury-street; that is about 150 yards from Cropley-street—he was then in company with one person—they went along the New North-road—I touched him with my arm the first time, and the second time I was five or six yards from him—I am able to speak with confidence that he is the man.
HENRY HEATH (policeman, N 428). On the morning of 17th. Oct., about a quarter before 1 o'clock, I was on duty in Nile-street, Hoxton, and saw the prisoner at the corner of Provost-street, with two others—they were about 200 yards from Cropley-street.
Witnesses for the Defence,
EDWARD OSBORNE . I am a baker, of No. 2, Union-court, Cow-cross, West Smithfield. On the Sunday evening when the prisoner was taken I was going from the Pewter Platter, St. John-street, which is a house of call for bakers and goldbeaters, to my own house, and met the prisoner in, Berkley-street, Clerkenwell; it was about a quarter past 10 o'clock—he said, Ned, where are you going? and I went back with him to the Pewter Platter, and remained there with him from half-past 10 till 20 minutes past 12 o'clock—Mr. Banks keeps the house; he was at the bar with me and Bowden—we went out of the house together—he wanted me to go and have a cup of coffee, but I did not; I bade him good night, and never saw him any more till he was in custody at Worship-street.
Cross-examined by MR. LILLEY. Q. On what day did this happen? A. On 16th Oct.—I know that, because I have got it down at home—I put it down the very day when I read the paper—I can say the time I was in the public house with him, because I saw a clock in Berkeley-street—I met him outside Mr. Pugh's public house, I do not know the sign—I went in with him, and after we had had some rum we went back to the Pewter Platter, in St. John-street—Berkeley-street is in St. John-street, adjoining St. John's-lane—my attention was called to the time I left, because I wanted to get home—I am a baker, and mine is nightwork—I was in duty
bound to stop at the Pewter Platter to see for work—I looked at the clock and said, Thomas, it is too late for me to stop further; I positively swear that—I will undertake to swear that it was full half-past 12 o'clock and not a quarter past only, although I can give no positive reason for it I am not working anywhere now—I was then on my duty; if I had not been there I should have been under a fine—I was not at work at the time—I have been at work since—I have got work two days a week in Bag nigge Wells-road—that is all the work I have had in the interim—Mr. Whittington, of Cromer-street, was the last person I worked for before the 16th Oct.; I worked for him nine months, and left him about ten weeks ago—I am a housekeeper, at No. 2, Union-court, Cow-cross, Smithfield—I have known the prisoner about eighteen months.
MR. PAYNE. Q. You are bound by the rules of your Society to go to this house to see for work? A. Yes, or pay a fine—I was the first turned man for a job, as the rules of our Society go—I do not know how far the Pewter Platter is from Cropley-street.
MR. PAYNE to EDWIN KENWORTHY. Q. How far is your place from the Pewter Platter? A. I should say rather better than half a mile.
GEORGE BANKS . I keep the Pewter Platter, No. 77, St. John-street; it is a house of call for journeymen bakers and gold-beaters. I know Osborne—he came to my house with the prisoner on Sunday night, 16th Oct., and had 4d.-worth of rum and a screw of tobacco—they remained from about half past 10 o'clock till about 20 minutes past 12, when I closed my house—I have known the prisoner seven or eight months—he is a gold beater, and belongs to the Society.
Cross-examined. Q. You have known him merely by using your house? A. Yes—I cannot speak positively, but it may be a mile and a half or two miles from my house to Hoxton—it may be half a mile for what I know.
MR. PAYNE. Q. How far is it from your house to St. Luke's Church, in Old-street? A. About half a mile.
CHARLOTTE TERRY . My brother keeps the Camden coffee house, No. 28, Old-street, St. Luke's, near the church, on the opposite side of the way—I live there. I heard on 18th Oct. of the prisoner being taken into custody—on Sunday night, or rather Monday morning, the 17th, he came about a quarter to 1 o'clock, and remained till about a quarter past 2—he had some refreshment, and then fell asleep—I awoke him—we keep open all night—there is no objection to that by the police.
Cross-examined. Q. Had you known him before? A. Never—his falling asleep drew my attention to him—that is not an unusual thing at our house—I had no reason to notice the time he came in—I cannot say it was a quarter to 1 o'clock precisely—it may have been ten minutes later—it was not near 12 o'clock—I noticed the clock when I awoke him, and he went away—it was a quarter past 2 o'clock, that was about the time—I have been in that house about eleven weeks, but had not seen the prisoner before—I knew he was taken into custody, because his brother came to me at my house.
CATHERINE GRIMSLEY . My husband is a gold beater; we live at No. 12, Whitmore-road, Hoxton. The prisoner lodged close handy to us up to a week before this transaction—he left that place on the Sunday evening, about a week before this happened, and my husband let him lodge in our house—I undertook to find him another lodging, and found him one at No. 12, Whitmore-street, nearly opposite where we live, which is Whitmore-road—I have known him fourteen or fifteen years, and always considered
him to be an upright, honest young man—on this Sunday I went out to a funeral, and left him at home—I did not see him again till about half past 2 o'clock in the night—I saw the people at the lodging I had found for him, and they engaged to sit up for him—about half past 2 o'clock I was asleep, and he knocked at the door—I sent him to the lodging, not knowing it was so late, or I would not have sent him, because they are very early people—an inquiry was afterwards made by the policeman, and I gave him an answer.
Cross-examined. Q. Has your house any garden in front? A. Yes, all the houses have, on each side down the road—the house in which I had taken him a lodging had not a garden in front, but he made a mistake, and went there instead of to the street opposite—I had told him where it was, but he thought it was No. 12 opposite, instead of which it was in the street opposite, twelve doors down—I recollect that H was Sunday, 16th Oct., because I went to a funeral, and returned home at half past 8 o'clock in the evening—I did not see the prisoner, but I heard him at the street door—I know what time it was, because he said to me, Do you think they will let me in, Mrs. Grimsley? and I said, They are sitting up for you, not knowing it was so late; but after he was gone I took a candle, and looked at the clock—I did not tell the policeman that I had left the prisoner at the Pewter Platter—I never saw him, nor did I say that he said he was going to his brother's.
MR. PAYNE Q. You got that information from your husband? A. Yes, that they were all gone to the Pewter Platter—I did not tell the policeman they had gone there, nor did I go there.
(The prisoner received a good character).
NOT GUILTY .
Before Mr. Recorder.
FREDERICK SAMUEL MARTIN . I am a timber merchant, carrying on business at Stratford, in the parish of West Ham. On 26th Oct., a little after 8 o'clock in the evening, the prisoner was brought in charge to my house by our timber hewer—he brought two window sills with him; they were mine—I had seen them about 6 o'clock that evening—they were worth half a crown.
URIAH DORRINGTON . I am timber hewer to Mr. Martin, and live at Dagenham. I met the prisoner coming out of my master's yard, about 20 minutes past 8 o'clock, with these two window sills under his arm—I stopped him; I told him to walk on his way, and take his load with him—he said they did not belong to him—I took him up to the counting house door to my master, and a policeman was sent for.
Prisoner. Q. When you took hold of my collar, did I have any of your master's property upon me? A. You dropped them down by the side of you, by the side of the fence—that was in the yard—I sent a man back for them, and he found them against the fence where you left them—I am sure you were inside the yard when I met you, I led you through the gate—you were not two yards from the gate.
COURT. Q. Did he work on the premises? A. No; I never saw him before.
FREDERICK SAMUEL MARTIN re-examined. These are my property—I had seen these window sills at 6 o'clock that evening, when I went to take account of the work the sawyers had done; they were then in the sawpit, in the inner yard—they are all one premises, but that part of the yard is made more secure by having a gate—it was in that same yard that they were afterwards found—I did not see them found, but it was about twenty yards from the place where I had seen them—the man is not here who found them; he is a mate of Dorrington's.
URIAH DORRINGTON re-examined. The man who I sent for the sills was working along with me, and we were going down the yard together—I held the prisoner while he went to fetch them—he was close to me when the prisoner dropped them.
Prisoner's Defence. He has taken a false oath; I never touched the wood at all; as I came from the railway station, there is a gate on Mr. Martin's premises that I came through, and I came through the yard, but I did not touch the wood.
FREDERICK SAMUEL MARTIN re-examined. There is no pathway through my yard—it is the nearest way from the Eastern Counties Railway to a brewery, but it is not a way that any one has a right to go; any one by trespassing might go that way—the brewery yard adjoins mine—there is a shorter way still to the brewery, by going down the brew house yard.
(The prisoner was further charged with having been before convicted.)
JAMES NICHOLLS re-examined. I was present when the prisoner was tried here in Jan. last—I produce a certificate of his conviction (read—James Palmer, convicted on his own confession, of embezzlement, after a previous conviction—Confined six months)—the first conviction was for embezzlement in 1851, he then had three months—he has also had twenty days for stealing apples—he has done nothing for his living since he was here last time.
GUILTY. Aged 29.— Confined Six Months.
THOMAS WATKINS . I live at the Globe beer shop, Langthorne-street Stratford. On 23rd Nov., between half-past 7 and 9 o'clock, the prisoner came, and asked for a pint of fourpenny half-and-half, made very hot—I told the young man to take the chill off it—I then went into the back parlour, and saw the prisoner putting something into her pocket—I said, What are you doing there t—she said, I am trying to see if I have money enough to pay you—I said, Never mind about that; just let us see what you have got—I hit her pocket, and heard something rattling—I called my young man, and then pulled out these three pint pots (produced), and gave them to a policeman.
ROBERT COWARD . I am barman at the Railway Tavern, at Stratford, kept by Mr. William Sims Cobb—two of these three pots belong to him—I know the prisoner by seeing her at the house frequently for the last two months—she was there on the night of 23rd Nov., and my master was sent for to the Globe.
Prisoner's Defence. I have to work for three children and myself; I was led into this, but it was to shun bad company; there was a woman rather intoxicated, who I did not wish to have anything to do with, going to the station, and she put the pots into my bundle; if I had wanted to do away with the pots, I had plenty of time to do it instead of taking them to another public-house; I told them that I was going to return them to Mr. Cobb.
GUILTY . Aged 32.— Confined Three Months.
Before Mr. Common Serjeant.
MR. DUNCAN conducted the Prosecution.
JOHN PECK . I am a little cow keeper and market gardener; I live on the edge of Wanstead-flats, which is a part of Epping Forest In the month of Sept, I had a heifer; I turned it out on the flats—it was marked W. H. M. on each rump; I marked it myself—the letters were in a triangle, the M was at top, Won one side, and H on the other—I missed my heifer on Thursday, 13th Oct—I know that Sharpless had two heifers there—I had marked them on one single side—I marked my own on two sides—Sharpless's heifers were turned out on the forest, and he missed his the day that I missed mine—he and I walked miles looking for them—we went to Brentwood fair, and had them cried in the town; we did not find them—we went the same night to Mr. Saul, a butcher, and he gave us some information—we asked for heifers marked with my particular marks—on account of what he said, I went the next day with Sharpless and Benton to Messrs. Hepburn and Co., in Long-lane, Southwark—I saw there the hides of three heifers, which I had marked for myself and Sharpless; I also identified the hide of Mr. Glenny's heifer, and one of Joseph Hewes's with the Wanstead mark on it—I had not branded that, but I had seen it ever since it had been calved—I knew it as well as I knew my own.
Cross-examined by MR. METCALFE. Q. When you saw them, they were in the tan pit? A. They were pulled out for me to look at; that was on Tuesday, 18th Oct—my heifer had been turned out all along; I marked it on 13th Sept., about a month before it was lost, and I marked Sharpless's at the same time—I am the forest reeve—there is only one to a pariah—I am the West Ham marker—these heifers were on Wanstead-flats—I cannot tell how many cattle were on the flats—there are two or three scores at different seasons, but at thin time the biggest part of them turn them off—it is an iron brand that I brand them with—sometimes on one side, and sometimes on both—I have not the brand here, nor the hides—Mr. Glenny'S and Mr. Hewes's beasts were on the same manor, but I did not brand them—Mr. Hewes lives at Wanstead.
COURT. Q. You missed these heifers on 13th Oct? A. Y es; I saw them safe the day before.
JOHN SHARPLESS . I am a grazier and cow keeper, at Forest-gate, West Ham. About 12th Sept I was in possession of a couple of heifers; I had them marked about that day by the last witness—I saw the mark put upon them—it was a triangle, with M. W. H. on it—I turned them out on Wanstead-flats—they had been out all the year—I got them marked about
four times a year—I missed them on 13th Oct.—I searched for them with the last witness—we could not find them anywhere—from some information I went with the last witness to Mr. Saul's, a carcass butcher, in Whitechapel, on Monday, 17th Oct.—we both went afterwards to Messrs. Hepburn's; I found the hides of my two heifers there—the value of my heifers was 20l.—I did not give authority to anybody to drive them away.
Cross-examined. Q. You found two hides at Messrs. Hepburn's? A. Yes; I knew they were mine by the colour, and the marks on them—they were white heifers, with the forest brand on them, and they had spots tinted with red in various places—I did not see any like them on the forest.
JOSEPH HEWES . I am a labourer, and live in Wanstead parish, near West Ham. About 12th Sept. I had a heifer; it was marked with the Wanstead mark, a round ring and a flew-de-lis on it—I saw it with that mark on—I was accustomed to see it from day to day, or I sent to look at it—I missed it on Thursday, 13th Oct.—we went in every direction, but could not find it—Peck had seen it—he was with me when I bought it; he knew it as well as I did—I knew it by certain marks—it never could escape my eye while I was living there—there was not one equal to it on the forest—it would have been three years old next April—it was worth 11l., and more—I did not authorise anybody to take it away, nor to drive it anywhere.
ROBERT MOUSLEY GLENNY . I am a potato salesman, at little Ilford. I had a fold heifer, about three years old—I turned it out on Wanstead-flats—it had been marked, but it had grown out—I should know the hide of it—there were certain marks on it by which I should know it—I saw it on 9th Oct., and missed it afterwards—I think about Wednesday, the 19th, I heard of its being away—I caused search to be made for it——I did not go to Mr. Saul's—Peck had seen my heifer on the forest—where that was there was Peck's heifer, and Sharpless's, and Hewes's, and several others were there—mine was about three years old—I have seen the hide of it since, at Messrs. Hepburn's the tanners, and am quite sure from the marks about it that it was mine.
Cross-examined. Q. What marks had it got? A. A white scar on the forehead, and several streaks about it—the hide had been in the tan pit before I saw it—there were other heifers on the flats with mine.
WILLIAM TREACHER . I am a butcher; I live in Scarborough-street, Tenter-ground, Goodman's-fields—my place of business is at Mr. Saul's—I never saw the prisoner till he came to me at Mr. Saul's, in High-street, Aldgate, about the middle of Sept., about half-past 6 o'clock in the evening—he said he had got six heifers left out of nine, on Wanstead-flats, and he wanted to dispose of them, because three of the nine were lost in calving—I said, "If you wish to dispose of them, I will go and purchase them"—he said no, he did not wish to sell them alive; but if I could recommend him a respectable person to have them killed and sold, he would be much obliged to me; and accordingly I did, to Mr. Saul—he went into the counting house with Mr. Saul—I do not know what took place there; but when he came from the counting house, he said he was much obliged to me—I advised him not to send his articles to market that week, on account of the badness of trade—nothing more took place till about a fortnight afterwards, when he came to me at Mr. Saul's, and said he had come to make an apology to me for not sending the heifers before—my reply was, it was nothing at all to me whether he sent them or not—he said would I have anything to drink—I said, "No," I required nothing to drink of any one
—he said he would send the heifers on the Wednesday following; that would be 12th Oct.—on Thursday, 13th Oct., I saw six heifers at Mr. Saul's, going to be slaughtered—the prisoner had before given me a description of the heifers—he said they were middling sort of goods—he did not describe the marks they had—when I saw the six heifers on the 13th, they answered the description the prisoner gave me, as far as my judgment went—one of them was a fold heifer—they were killed, and the hides went to Mr. Hepburn's, in Long-lane, Bermondsey—the prisoner did not give me any name—I had no name with the six heifers—they were slaughtered at Mr. Saul's—Mr. Hepburn has the sole consignment of Mr. Saul's hides to dress—after these six heifers had come in, the prisoner came to Mr. Saul's on the Monday, and asked me if the heifers were sold—my answer was, I believed they were; in fact I had purchased one of one of the boys—Mr. Saul was in the counting house, and I ushered the prisoner in—I then lighted the gas, and went to my business.
Cross-examined. Q. Do you prosecute this case? A. No; I am a witness—I do not know who prosecutes; I suppose the persons to whom the heifers belonged—I saw the skins of six heifers leave the premises—the prisoner came to me in September; I could not say whether it was in the beginning or the middle—he was an entire stranger to me before that—from the time of his first coming to the heifers coining was about a month, or a little over—he did not send them before by my advice, because trade was bad.
ABRAHAM SAUL . I am a carcass salesman, in Whitechapel On 12th Oct., some time in the evening, six heifers were brought to my place by a drover—I could not mention what sort they were—the drover said they came from somebody—I paid him for bringing them—they were slaughtered at my place—the hides were conveyed to Messrs. Hepburn's—I did not see the hides go away—on the Monday following, the prisoner came to me for the money for the six heifers he had sent to me to slaughter; I told him to sit down, and I would write him out his account—I did so, and gave him a check for the amount—I requested hi™ to put his name on the back of the check, which he did in my presence, T. Smith M—I subsequently recovered the check; this is it—(read—London, 17th Oct., 1853; Messrs. Jones Loyd, and Co. Pay Mr. Thomas Smith 40l. 7d. 2d. Abraham Saul) Peck and Sharpless came to me about 8 o'clock the same evening—they had some conversation with me—I gave them all the information I could—on the Tuesday morning, somebody came to me about the money for the check—I said I wanted to see Mr. Smith; the prisoner came to me afterwards—I got the check from the man who came, and I would not return it in consequence of previous information—I gave the prisoner into custody.
FREDERICK HEPBURN . I am one of the firm of Hepburn and Co.; we are tanners, carrying on business in Long-lane, Southwark—I am accustomed to receive hides from Mr. Saul, for tanning. On 14th Oct., I received six heifer hides; on that afternoon we received no others—on the Tuesday, which I think was the 18th, Peck and Sharpless came with a police constable—they brought a note from Mr. Saul; I gave them what information I could—I showed them the six hides we had received, and they identified, I think, four out of the six.
Cross-examined. Q. By whom were the six hides received; by yourself? A. No; our carman received them from Mr. Saul's—I looked them over, and valued them after they were received, and they were placed in the lime-pits by one of our men; I cannot say which—we put from 1,000 to 1,500
hides in the pit every week—on that afternoon we had received no other heifer hides from Mr. Saul—every butcher has a separate mark on his hides, certain marks on the nose which we know them by.
THOMAS BERRING . I am carman to Messrs. Hepburn. I remember taking six heifer hides to Messrs. Hepburn's from Mr. Saul's, on 14th Oct—no one at Mr. Saul's gave them to me—I knew where the hides lay, and went and took them—I know there were six—the men told me there were six heifer hides, and I took them to Messrs. Hepburn.
Cross-examined. Q. You took the six heifer hides to your master's? A. Yes, by the men's orders; I only noticed the mark on the nose, because they were commission hides, different from Mr. Saul's other hides.
GARRARD BUTTON . I am a drover, and live in Angel-lane, Stratford. I know the prisoner—the first of my seeing him was on 12th Oct., in the evening, as I was coming from Romford with my drove—he asked me if I was a London drover—I answered, Yes—he said, could I oblige him with taking up six heifers to Mr. Saul's, in Whitechapel, and we might draw our charges there, for his man was not fit to trust with them—I said I would take them, and he went and fetched from a lane leading to the Flats six little heifers—I did not see how they were marked—they were wild young heifers—there were two light ones, one much bigger than the other; another was a little reddish one, and one was a good fold heifer—it might be about 6 or 7 o'clock in the evening—I drove them part of the way, and Maine drove them part of the way—I asked the prisoner if there was any note to go, and he gave me a card of Mr. Saul's—as I turned away I thought, I know nothing of you, and I said to him, What name is yours, pray? and he said, Smith, of Barking-side—I and Maine came on, and I put my sheep in one place and another—I did not come all the way myself; I left them in the charge of Maine, at Stratford—Peck and Sharpless came to me to say something about their heifers.
Cross-examined. Q. Had you been to Romford market? A. Yes; that market is held every Wednesday, it is a large market—there are many beasts sold there, some from Wanstead-flats—I believe the prisoner is the man who gave the heifers to me.
BENJAMIN MAINE . I am a drover. I was driving up with Button on 12th Oct.—I saw the prisoner that evening, I believe it was him—he met us going towards the Rabbits, he asked if we were London drovers—we said, Yes—he said he had got six heifers, he had brought from Barkingside, he did not like to trust his man with them, and we should oblige him by driving them up to Mr. Saul's and he would pay us—he went away from us up a lane, and brought six heifers to us—there were two light ones, one a fold one, and three others—Button came on to Stratford and left me, I drove them to Mr. Saul's—Button gave me the card he got from the prisoner—I saw him give it him as I was in the road—I left them at Mr. Saul's.
JOSEPH BENTON (policeman, K 381). I was on duty at Stratford on the night of 17th Oct., and in consequence of some report about heifers being taken away from the Flats I made inquiries—I took the prisoner on Tuesday the 18th, at a public house in Whitechapel—I told him the charge; he said the man that was with him that assisted in driving the beasts out was a stranger to him, he knew nothing of him, that he gave him a drop of beer to assist him, and said, Whatever has been done I did all by myself, nobody else was in it—this case was heard before the Magistrate at Ilford.
Cross-examined. Q. Are you the attorney in this case? A. No; there is an attorney—I believe he is here to day.
JAMES SANDEMAN . I am a printer, and live at Forest-gate. One morning, Sharpless and Peck left me at Mr. Saul's, to see if anybody came about the check—Mr. Saul was detaining the prisoner, and he said to me "This young man will tell you something more"—I said to the prisoner," What is your name? he said Smith—I said, "Where from V he said Wanstead—I said, think not"—Mr. Saul's business began to increase, there were several persons there, and I said, "I will take charge of him myself, he shall not get away from me"—the prisoner and I then went to a public house and had some beer together; and he said" I am very sorry it has come to this; if I knew the parties the beasts belong to, if I could get the check I would have given it to the parties, and made up the difference, rather than let Benton know anything about it, because he knows me.
Cross-examined. Q. When did you first mention this conversation? A. I mentioned it to Mr. Benton when he came to me—I did not tell this before the Magistrates, because they took Mr. Benton's evidence and not mine—we had one pint of beer with the prisoner, and smoked a small Pickwick.
JURY to FREDERICK HEPBURN. Q. Did the parties describe the marks on the hides before they saw them) A. Yes; before I got them out they told me there was one with a scar on the forehead—these six hides had two cuts on the nose, which was what I knew them by—Mr. Saul's mark is one cut on the nose; but these six being killed for somebody else, he put two cuts to distinguish them from any hides of his own; to distinguish them as commission hides.
GUILTY . Aged 33. †— Recommended to mercy by all the prosecutors.—Four Years of Penal Servitude.
Before Mr. Common Serjeant.
PLEADED GUILTY . Aged 26.— Confined Three Months.
DANIEL MOYNEHAN (policeman, R 14). I brought this paper (produced) from the doctor—I was present before the Magistrate when this case was heard—Mrs. Kelday was there, and gave her evidence in the presence of the prisoner, who had the opportunity of saying anything about it—(The deposition of Sarah Kelday was here ready as follows:" I am the wife of William Kelday, of Woolwich, a hawker. On Wednesday morning, 26th Oct., the prisoner came to my house, at 8 o'clock in the morning; she had come to me the night before; she said she was going to leave Mr. Benton's, and I said if she would come and mind my little boy I would be a friend to her. She said she had no mother. She came next morning, and I sent her out with my baby. She came back about 11 o'clock. In the evening I
missed three pairs of boots, three pairs of shoes, a pair of trowsers, and the next day I missed a shirt. When I missed these things on the Wednesday evening, she had' gone away without my knowledge. The value of the articles is 5d.; they belong to my husband. The two pairs of shoes and the pair of trowsers are now produced. I missed the articles from my shop. I, deal in secondhand clothes.)
MARY FORD . I live in Union-buildings, Woolwich, and deal in secondhand clothes. On 26th Oct. I saw the little girl (the prisoner)—she brought an old pair of trowsers to my place—I asked her who sent her with them—she said, My mother—she offered them for sale—I asked her where she lived—she said, Mrs. Dible's, Hog-lane—I bought them for 3d.; and in less than five minutes t found that they were stolen, and gave them up to Mrs. Kelday.
DANIEL MOYNEHAN re-examined. On 26th Oct. I took the prisoner into custody, at Harding's-lane, Woolwich—her mother is dead, and her father is at sea—she was living with her sisters and brothers—both her sisters are older than her, one is about nineteen, and the other fourteen or fifteen—the prisoner is eleven or twelve, and the brothers are younger; they are very bad characters—I told the prisoner what she was charged with—she said, I did not do it; I know nothing about it—I searched, and found three pairs of shoes, three pairs of boots, and a pair of trowsers—two pairs of shoes were under the bed the prisoner had been sleeping on.
Prisoner's Defence, It was another girl that took the boots, and she told me to take the trowsers.
GUILTY, but the Jury considered that Mrs. Ford ought to be reprimanded for purchasing of a child so young, as it would tempt her to steal again.—Judgment respited.
PLEADED GUILTY . Aged 18.— Confined Twelve Months.
FANNY SARAH LOFT . I am single, and am a servant, at Greenwich. On Tuesday night, 18th Oct., I went to Charlton fair with my sister and a young man—we came out of the fair between 7 and 8 o'clock, and a constable spoke to me, opposite the Swan public house—I felt in my pocket, and missed a new sixpence, of 1853, and threepence in halfpence; it was safe about five minutes before.
JAMES WILLIAM CROUCH (policeman, R 118). I was at Charlton fair, in plain clothes, and saw the prisoners and another man in the fair about 5 o'clock—about 9 o'clock I saw Cole go by the side of the female, covered by Lloyd, who was close behind him, holding his coat open—I had seen them together before that evening—I saw Coles' hand go to the prosecutrix's right side, closed—I immediately caught hold of his hand, and took out a new sixpence and threepence in coppers—I spoke to the prosecutrix, who felt, and said she had lost something.
JOHN NEWELL . I was with Crouch, in plain clothes, and saw the prisoners in company with another man—I first saw them about 3 o'clock in the afternoon, in Charlton-lane—I afterwards saw the prosecutrix, and saw Cole go to her side, and Lloyd close behind him, holding his coat up with his left hand, to prevent anybody seeing—I stepped back, and when Crouch took
Cole, I took Lloyd, and said it was for being concerned in robbing a female—he said he did not know anything about it—I had seen them together from 3 till 8 o'clock.
Lloyd's Defence. I went down to Woolwich to see a party, and as I came home I was taken in custody and charged—I am innocent.
LLOYD— GUILTY . Aged 21.— Confined Twelve Months.
MR. DEARSLEY conducted the Prosecution.
WILLIAM CHENHALL (policeman). On Wednesday, 26th Oct., about half past 5 o'clock, I was on duty in Trafalgar-road, East Greenwich, and met a man coming in the direction of Greenwich, with a sack on his back, which I examined, and found it contained half a firkin of butter, a piece of cheese, and two jars of pearl barley, covered over with a blue slop—in consequence of what he said, I went to a house in Hatcliff-street, East Greenwich, about 150 yards from where I stopped him—I knocked at the door, a female came; and, in consequence of what the man told me, I asked for a person named Evans—the prisoner came, and I asked him if he saw that the man was stopped with the butter—he said, Yes, and that he had the other part himself—I asked him where he got it—he said, From a ship, near Woolwich; and said he gave 10d. a pound for it—I asked him how many pounds there were—he said, About 105—I asked him what it would amount to in money; and he said nearly 4l.—I said I should take him to the station, and charge him with stealing it; on that the other man ran away, leaving the property behind—I took Evans, and going to the station be made a statement to me—I had not told him it would be better if he told me; I said nothing of the kind—the only words I Raid were, Where did you get the butter from?—he said, It is as well to tell the truth; I stole it from a railway truck in Angerstein Wharf—I afterwards went up stairs at the prisoner's house, and found half a tub of butter, which he said he had, before I took him to the station—it was half a firkin, and there was another half firkin in the sack; I compared them, and they corresponded—after the prisoner was committed, I went with sergeant Carpenter and weighed the butter; the two portions together weighed about 90 lbs.
Cross-examined by Mr. Robinson. Q. There were two or three examinations before the Magistrate? A. I think there were three—I mentioned on the first examination what the prisoner had said.
WILLIAM PEARSON (policeman). I was at the station when the prisoner was there—I took the charge, and read it over to him—he said, I did take it, it was part of a wreck; it is the first thing that I ever did, and I hope you will take my bail for my appearance to-morrow.
Cross-examined. Q. You were not before the Magistrate) A. No; Clenhall was present at part of the statement, but I sent him away in a hurry after I had taken the charge, to see what property he could find—I am satisfied he did not hear all that was said, but I think he did hear apart—the first time I mentioned that statement was on Tuesday last, to the solicitor.
JOHN MOXEY HEARD . I am manager at the Angerstein Wharf, of the South Eastern Railway Company. The prisoner was a jobbing man there on the two preceding days—from 12th to 26th Oct., we received ninety trucks from Folkestone, containing spirits, wines, and other cargo—the
prisoner was employed on 26th Oct. in discharging a ship of coals, and could have got at the cargo from Folkestone.
Cross-examined. Q. You mean he might have gone aboard the ship if he had liked? A. Yes, it was off the wharf—I have known him about ten months—he is a hardworking man—I knew nothing against his honesty before.
GUILTY . Aged 28.—Recommended by the Jury on account of his good character.— Confined Three Months.
Before Mr. Common Serjeant.
FITZGERALD PLEADED GUILTY . Aged 32.
MUNRO PLEADED GUILTY . Aged 20.
Confined Eighteen Months. Before Mr. Recorder.
CATTERMOLE PLEADED GUILTY . Aged 53.— Confined Four Month. MR. BODKIN offered no evidence against
SMITH— NOT GUILTY .
Before Mr. Common Serjeant.
PLEADED GUILTY . Aged 19.— Confined Six Months.
Before Mr. Recorder.
PLEADED GUILTY . Aged 22.— Confined Twelve Months.
MESSRS. BALLANTINE and CHARNOCK conducted the Prosecution.
DAVID NICHOLSON the younger. I carry on business, in partnership with my father and brother, as builders, in High-street, Wandsworth. In July and August last, we were engaged merecting some warehouses for the London and South Western Railway Company, at Nine Elms—the prisoner was in our service as foreman of the works; it was his duty to take on what men he wanted to carry out the works, and to discharge them when their services were not required—he engaged a good many men for us—he paid them their wages—it was his duty as foreman to make out what we call pay sheets—he fixed the amount of the wages the men were to receive—it is our custom to pay from Saturday morning till Friday evening—if a man was engaged on Monday, he would be paid from Monday to Friday; that would be five days in that week, and the next day, Saturday, would go into the following week—we pay on Saturday, but the pay sheets are made
up to the Friday—I generally send' the money to the different jobs to pay the men with—the money for the workmen at Nine Elms was sent to the foreman of the job, the prisoner—these produced are the four pay sheets for 30th July, 6th, 13th, and 20th Aug.—in the first sheet there is the name of Webster put down for six days, 1l. 10d.; on the third sheet, that of 13th Aug., Webster is put down at seven days three hours, 1l. 16d. 6d.; and on the 20th, six days nine and a half hours, 1l. 14s. 9d. and 5d. for a back day—that means the last day of his services; he was to leave on the Saturday afternoon, 21st Aug.—we had only one person of the name of Webster in our service at that time—he has since been taken into our service; I think he returned some three or four weeks afterwards—he was not a perfect tradesman; I mean, not a first rate hand by any means—he is a carpenter—a first rate hand would be entitled to 5d. a day; I am now paying him 3s. 6d. a day—if he had been a first rate workman, he would demand 5d.—the prisoner's wages were 2l. a week—these sums of 1l. 10d. and 1l. 16d. 6d. in these sheets are calculated at the rate of 5d. per day—if he had been a perfect workman, and entitled to 5d. a day, these sums would be correct, if he had worked that time—if the prisoner had by mistake paid to any of the men more than he was entitled to pay them, and it was returned to him, it would be his duty to enter it on the pay sheets previous to returning them to our office on the Saturday afternoon, and to refund it with the pay sheets—it would be his duty, not merely to account for it, but actually to refund the cash—he did not, on 30th July, 13th Aug., or 20th Aug., return to me 3d., 9d. 3d., or 7s., or any money overpaid to Webster; there is no mark or alteration in the pay sheets to show that he has corrected it—my attention 4s. not called by the prisoner to those sums as having been returned—these pay sheets are not in the prisoner's handwriting—there is no person in particular appointed to bring the pay sheets to the office; it depends upon whoever is coming there, probably a labourer leaving the job would be told to leave it at the office as he passed by going borne—these pay sheets came into my hands the first thing on Saturday morning, at 6 o'clock; that is the course of business—60l. 6d. 1 1/2 d. was advanced on this first pay sheet—that was on 30th July; the 12. 10a. forms an item in that account—the men were paid at the place where they worked, at Nine Elms—my brother was present on that occasion—it is the course of business to have the pay sheet at the time the men are paid, and their names are called out from it; on the other occasions, a person named Watkinson was present—on 13th Aug., 67l. 6s. was given; the 1l. 16d. 6d. forms part of that total—on 20th Aug., 66l. 11d. 8 1/2 d. was paid out; the 1l. 19d. 9d. is included in that in two items of 1l. 14d. 9d. and 5d.—I gave the money to Watkinson—I could not positively swear that I gave it into Watkinson's hand, for I am shut up in a private office the first thing in the morning—I have a clerk alone with me—I count out the money myself, and put it into bags myself, and give it to him to pass to the persons that take the money—at other times, I give instructions as to who shall take the money—I had not the slightest knowledge that Webster was engaged at a less sum than 5d. a day; I did not know that he had only been five days engaged the first week, instead of six—the prisoner was not allowed to make any profit upon the employment of any of the men.
Cross-examined by MR. PARRY. Q. Bid you know that the prisoner had been eighteen years foreman at Cubitt's. A. I did not; he was taken on by us expressly for this particular job—he engaged the carpenters himself—if he engaged them at 4d. or 5d. a day, that was to be stated in the accounts
—of my own knowledge I knew nothing of any arrangement that might have been made by him with the men—I did not interfere at all—I did not myself hand the money to the prisoner to pay the men in any single instance—this cross opposite the name of Webster, in the sheet of 30th July, is made in the office by the party, whoever it is, that pays the money—I do not know whether my brother paid that money, I did not—what I gave was in the gross, to Watkinson, our general foreman—we have taken Webster back into our employment—that is since this proceeding, not since this charge was preferred against the prisoner, we had him on before that; I cannot say it was before we knew of it—it was after I knew of this charge that we took him back—we pay him 3d. 6d. a day now—we knew nothing of him before this—we took him back because I did not want him to go away just at the present moment.
MR. CHARNOCK. Q. Had Webster been difficult to be found? A. On one occasion he had; the case was brought before the Magistrate, and remanded, the prisoner was out on bail, and Webster could not be found.
COURT. Q. Do I understand that you took him back for the sake of keeping him within reach, or because it was difficult to get hands? A. The principal reason was to keep him within reach.
CHARLES WEBSTER . I was in the employment of Messrs. Nicholson, at Nine Elms, in July last. The prisoner engaged me—he said I was to have 3d. 5d. a day—we did not make any agreement—my wages were settled with him—I went first into the employment on a Monday—I do not recollect the day of the month, it was in the early part of July—I was there four weeks altogether—I was paid 1l. at the end of the first week, by Mr. Powell—I worked six days that week, and I was paid for five days, keeping a back day—they stopped a day—I was paid on the Saturday, but the Saturday went into the next week—after I had been paid, Powell said there was a mistake of 3d. in my reckoning, and I returned him 3d. out of the 1l.—that was about an hour after he had paid me, the same night; he said, "You must meet me at such a place, and pay me this 3d. back again," which I did; he said he had to pay it back again to Mr. Nicholson—I was to meet him at the Three Goats' Heads, which I did, and paid him the 3s., outside the door—I was paid the 1l. at the office at Nine Elms—on the following Saturday he paid me 1l. 5d. 8d.—that was for seven days and a half—on the third Saturday he paid me 1l. 16d.—that was for seven days three hours—that was made up of overtime—before I was paid, Powell said, "There will be a dambling mistake in the reckoning this week, and you will receive 1l. 16d."—he said the mistake was 9d. 3d.—I suppose a dambling mistake meant a shocking mistake—he paid me the 1l. 16d. about a quarter past 4 o'clock—he mentioned about the mistake both before and after he paid me—he did not mention it after he paid me, I did not see him any more that night—on the Monday following he called me off, and it was then he said it was a dambling mistake—he said it before he paid me, and after also—I paid him back 9d. 3d. on the Monday—Mr. Watkinson was present on the Saturday when he paid me the 1l. 16d.—I was paid at the same time as the rest of the men—Mr. Watkinson was present on the Monday when I paid the prisoner back the 9d. 3d.—it was in the pay office—I am sure Mr. Watkinson was present—on the fourth Saturday I received 1l. 19s. 9d.—I was paid in the evening, by the prisoner—before I was paid, he said to me, "Your wages will be 1l. 19d. 9d.; there is a mistake, and after you have received the money you will have to meet me at the Southampton Arms and return me back again 7d."—Mr. Watkinson paid me the 1l. 19d. 9d. in the prisoner's
presence—I afterwards met the prisoner at the Southampton Arms, on that same Saturday night, and handed him over 7d.—I did not at any time borrow any money of the prisoner—I was not to pay him any money for the use of any tools at any time—we had no private money transactions between us.
Cross-examined. Q. Had you known Mr. Powell before? A. I did not know him before he engaged me—I was discharged by him after the fourth Saturday, on the ground that there was no more work for me—the work was getting short—there were more discharged besides me—I had some tools of my own when I went to work there—I used other tools besides my own—I have been a carpenter three or four years—I used to get beer while I was at my work; what I got I had to pay for—I did not get beer from the Three Goats; I might have half a pint or two, but that I paid for—I never got an order from Powell to get beer, I had money in my pocket—I swear that—I am now in Mr. Nicholson's employment—I was able to count my wages to know what I received—I can do a sum—Mr. Powell asked me for 3d. back the first week I went there; he explained it to me, and said he had to give back to Mr. Nicholson what he had paid over—that was the reason I returned it to him, and it was on the same ground that I returned him the 9s. 3d. and the 7d.—I knew that the 1l. 19d. 9d. was more than my wages; I knew it was more than I was entitled to—I received it from Mr. Powell—I knew that the 1l. which I received the first week was more than my wages—I received it each time by his telling me there would be a mistake in the reckoning—the second week there was no mistake—I last worked for Sharp and Hall—I got 10d. a week there—I am now getting a guinea a weak from Mr. Nicholson—it was last summer that I worked at 10d. a week, just on a twelvemonth ago—I have never been apprenticed to the trade, I used to go along with my father—I do not get any overtime from Messrs. Nicholson's—they have not told me that they would give me a guinea a week as long as this matter was on—they did not say anything about my being a witness here—Mr. Nicholson promised to give me work as long as I liked to stay—he did not send for me, he said I could go if I liked—I go there to work every day when I am not here—I work regular hours—it was a sovereign I received on the first occasion; I was paid in silver, 20d. in amount.
MR. RIBTON. Q. About how many men were discharged at the same time with you? A. I should say five, if not more; the work was getting short—the reason I gave the money back to Mr. Powell, was to give it back to Mr. Nicholson—I received it, because Powell told me I should receive so much money, and that I was to return him some back again.
COURT. Q. Did he tell you that before you received the 1l. at the end of the first week? A. Yes; he told me that I should receive 1l., that it was too much, and I should have to return him 3d. out of it—I am sure he told me that before it was paid.
MR. RIBTON. Q. Was it in consequence of his telling you that, that you received it? A. Yes; he said he did not like to make any piece of work at the time the other men were being paid; he told me that, and it was in consequence of that that I received it.
COURT. Q. Do I understand you that your wages were 3d. 5d. a day? A. Yes; I kept 17d. out of the pound; I was only paid for five days—I did not notice that that would be 1d. short; nothing was said about that.
RICHARD PRATT . I am a carpenter. I was in Messrs. Nicholson's service in the beginning of Aug. last—I was in the habit of writing letters for the prisoner on business, and of making out the pay sheets for him—I made the book out according to his instructions, and then copied the sheet
from the book—these pay sheets (produced) are in my writing; they were made out by the prisoner's directions—he used to look them down after I had written them—he was always in the habit of seeing that they were correct—he saw all these before they were sent in—I was sometime present at the pay table—these four sheets were to be used at the pay table—I do not recollect Mr. Nicholson being there when the men were paid—I was never there when he was—Powell delivered the money into the hands of the men—he was in the office on the occasions to which these four sheets refer; but I am not positive that he paid the men all the times—I think he paid the two before the last—I am not positive—that would be the second and third—after I wrote these, he examined them—I do not remember his saying anything about them, no more than they were correct, and they were sent to the office—they were made out and examined by him on the Friday—I did nothing with them afterwards—they were sent to the office, and next day, when the men were paid, these sheets were used.
MR. PARRY. Q. Are you able to swear that Mr. Powell saw and examined these particular sheets? A. Not positively; he was generally in the habit of looking over all the sheets—these are made up from the book—it is the book that is made up by his directions—he always looked over the sheets before he sent them away—I saw him examine these—I can say so—I say I saw him examine some of them; I am not positive as to all—I cannot point out which he examined—I have not got the book.
MR. CHARNOCK. Q. Whose book is it, Mr. Nicholson's, or the prisoner's A. Mr. Nicholson's; it is the day book—when I made out these sheets Powell examined them, and sent them to the office done up in the shape of a letter—they were open when I delivered them to him—I am sure these sheets were used at the time the men were paid—I was not always present when they were paid, I was three times out of the four—I called out the amount of the men's wages; Powell was there, and Mr. Watkinson.
Cross-examined. Q. How long have you known Powell? A. Four or five years—he was foreman of the job altogether; he was in the habit of advancing money for the men from his own money in the course of the week, and repaying himself afterwards out of their wages—I have known him to be responsible to the landlord of the Three Goats, for beer supplied to some of the men—I am not able to say whether he was responsible for Webster, or whether he advanced him any money—most of the men working on this job were strangers to the neighbourhood; I believe Webster was, he was an entire stranger to me, and to Powell also, I believe—I have seen Powell advance money for some of the men; I do not know which—I cannot speak as to the amount, 1d. or 2d.—I myself once borrowed 10d. of him, and paid him again out of my wages; it was out of my wages, but not on the Saturday night; there were perhaps thirty or forty men employed—I cannot say how much beer money he was responsible for in the course of a week; some of the men were in the habit of having board at the public house as well as beer.
MR. CHARNOCK. Q. Did Webster, to your knowledge, have board on the liability of Powell? A. Not to my knowledge.
CORNELIUS NICHOLSON . I am one of the partners in the firm of Nicholson and Sons, builders, at Wandsworth. This pay sheet of 30th July, contains an entry of the various sums to be paid to the workmen; the gross amount is 60l. 6d. 1 1/2 d.—I find Webster down for 1l. 10s., to be paid to him
on 30th July—that forms part of the 60l. 6d. 1 1/2 d. which I paid to the prisoner on the Saturday—he was to pay that away in wages to the different men—the men are called in rotation, and the sum opposite their names is paid to them by Powell; they were paid by Powell on this occasion—I doled the money out to Powell, and he paid the money to the men—I was present when they were paid—according to this entry, 1l. 10d. was due to Webster—I gave Powell the sum of money that is entered here—I cannot say whether or not he handed over the whole of it to Webster.
COURT. Q. Where is the money paid? A. In the office—I looked in this list, and paid to Powell the sum that appeared in it—he called out the names of the men, and I doled out the money to him—I held the list in my hand—I did not call out the names; I paid him the sums opposite the names, and he called the men and gave them the money; he did not call them into the office, he paid them through a window—I could not see the exact sum that Powell paid to the men.
Cross-examined. Q. On any other occasion have you paid money? A. No, I have not; only on that occasion.
SMALLWOOD WATKINSON . I am a foreman to Messrs. Nicholson. The aggregate amount paid to workmen on 13th Aug., appears by this sheet (looking at it) to be 67l. 6d.—I paid that to the prisoner in one sum; it was on a Saturday—I had the pay sheet with me, when I handed him over that sum—it was for him to pay the several men with it, which he did—this name of Webster appears here for him to be paid 1l. 16d. 6d., and I saw the prisoner pay Webster that sum—I did not call over the names, the prisoner called in the men and paid them—on 20th Aug. I paid the men myself; the amount was 65l. 6d. 8 1/2 d.—Powell did not take part in it at that time, but he was present and the pay sheet lay on the desk by him—I think he called the names—I mentioned the sum to be paid—he was at my elbow—on the pay sheet of 20th Aug. here is 1l. 14d. 9d. down to Webster's name, and an additional 5s., making 1l. 19d. 9d., which I paid to Webster—the prisoner has never returned me any money that I overpaid Webster.
Cross-examined. Q. Was the 9d. 3d. returned in your presence by Webster to him? A. No; not to my knowledge, nor did I hear Webster say that I was by when it was returned—if he has said so, I cannot say whether it is true or not.
MR. CHARNOCK. Q. If he returned it you did not know it? A. I did not.
Witnesses for the Defence.
JOSEPH BENNINGS . I am in the employ of Nicholson and Co., and worked in the same gang as Webster—I had been there six weeks at the time of this occurrence—the gang consisted of eight men, and the prisoner was foreman over it—I know that he was in the habit of supplying the men of the gang with money and beer when they needed it—I used to have some myself, and the other members of the gang at the same time—Webster had beer at the same time I had—we used all to have it at the same time, at 11 o'clock, or at 3 or 4 o'clock in the afternoon, and in the evening sometimes, at 6 o'clock—it was supplied by Mr. Trimmings of the Three Goats' Head, in the Walworth-road, on the prisoner's recommendation, and we used to pay him at the end of the week on the settlement of our account, and he used to pay Trimmings—we used to pay Powell back, on the Saturday night or Monday morning—I have been present when Webster had beer, but I did not see that he paid at the time for it, nor did I pay for mine at the time—
when Webster came to work there he had no tools of his own, and Mr. Powell supplied him with tools—I know that of my own knowledge, and that Webster had no tools of his own during the whole time he was employed.
Cross-examined. Q. What tools were they? A. A saw, a plane, and some chisels—he did not lend me any, I was a labourer and did not want any—other men have borrowed things of Powell, he has a chest—we do not make a general practice of lending tools—I have seen Mr. Trimmings, the publican; I do not know whether he is here—I can pledge my oath that Webster has had beer; he did not pay the landlord for it—he paid Powell, but not in my presence—my week's beer would come to 3d. 6d. or 4s., and I did not have any in the evening—my score amounted to 4d. 9d. one week—I am not in Messrs. Nicholson's employ now.
MR. SLEIGH. Q. Was Powell in the habit of charging for the loan of those tools? A. Certainly—I am only a labourer, and never had the privilege of borrowing.
EDWARD GREGORY . I was working in the same gang with Webster and Bennings, as a labourer—I am not a carpenter—Powell was the foreman of the job, and I was in the habit of being supplied with beer by him—it was obtained from the Three Goats' Heads—I sometimes paid him for it on Saturday, and sometimes on Sunday, after I received my wages—the other members of the gang used to have beer on Powell's orders—Webster had the same beer as the rest—when Webster went on the job he had no tools, and Powell lent him some—Powell used to charge for the use of his tools, but I was not along with him and Webster when they agreed for the tools—I never knew others to borrow tools of Powell.
Cross-examined. Q. How do you know that Powell lent Webster tools? A. I know Mr. Powell's tools when I see them—I saw him using a mallet, a chisel, and a hammer—I know he brought no tools, because I saw him when he came first, about a quarter to 6 o'clock in the morning.
JOHN GUMBRELL . I was a carpenter, in Messrs. Nicholson's employment, and had been so about seven weeks when this occurrence took place, but am not now—I was one of the gang in which Webster and Bennings were sometimes, but not constantly—Gregory was also in the gang—when Webster joined the gang he had no tools to work with, and I was present when Mr. Powell lent him a gimblet, a mallet, and so on, things which it was necessary for him to have—I do not know, of my own knowledge, on what terms they were lent him—I have not had a conversation with Webster on the subject of the terms—whenever a man without tools joined a gang, it was Powell's habit to lend him tools, and it is not very likely that he would lend them for nothing—Powell was in the habit of supplying the gang with beer of course be had to pay his share as well as the others—I have been present when Powell has procured the beer from Mr. Trimmings', and have partaken of it, and I have seen Webster partake of it, but never saw him pay for it—I have not been present when settlements have taken place between Powell and Webster—I never could get trust from the Goats' Heads myself; Mr. Powell used to pay, and I used to pay him when I received my wages—the most I paid in a week was from 10d. to 13s., eating and drinking, and for money I had borrowed of him—I do not know whether Webster ever had any board—I have known Powell since 1818—he has been in the employment of Mr. Baker, Mr. Cubitt, and various others—I never knew a blemish on his character.
Cross-examined. Q. You did not go before the Magistrate? A. No—I am not in the service of Messrs. Nicholson now. (The prisoner received a good character.)
NOT GUILTY .
NOT GUILTY .
PLEADED GUILTY . Aged 31.— Confined Eight Months.
PLEADED GUILTY. Aged 15.—Recommended to mercy by the Prosecutor. (The Rev. Charles M'Kenzie, Incumbent of St. Bend, Gracechurch and master of St. Olave's School, Southwark, under whom the prisoner had been a pupil seven years, and John Hardcastle, wholesale grocer, gave the prisoner an excellent character.)— Judgment Respited.
Before Mr. Justice Talfourd.
MR. CLARKSON conducted the Prosecution.
HANNAH GRINNEY . I am the prisoner's wife. We have been married fifteen years—I have three children by him; the eldest is a daughter, named Eliza; she will be fifteen next Feb; and I have two younger children—on Monday, 24th Oct., we were living at No. 35, Little Park-street, Kennington-cross—I was living there with my husband—he is a wheelwright by trade—my brother, Peter Westbrook, had recently before this transaction lost his wife, and had since that come to live in an unoccupied room in our house—he came on the Wednesday as this happened on the Monday morning—it was a room on the ground floor—my brother had an acquaintance named Henry Lee—before this Monday my husband had threatened me—I went to bed on Sunday night about 10 o'clock, with my husband—my daughter Eliza slept in the same room—about three o'clock in the morning my brother came home—I was asleep at the time, but, my husband awoke me, and said, "Did you hear a knock at the door?"—I said, "No, I did not hear it; but if there is a knock, it is not for us, so you can let them knock"—I did not know that my brother was coming home that morning—my husband got up, and looked out of the window, and asked who was there; and Thomas (who is a young lad that my brother brought up) answered him—his name is Thomas Sears—my husband said, "Do you wish to come in?"—he replied," Yes"—my husband shut down the window, went down stairs, and let them in—I remained in bed—he asked them if they wanted to sleep there—he said, "Yes"—my husband came up stairs, and my daughter got out of her bed, and went into bed to her two little brothers, and my husband carried her bed down stairs into the room my brother occupied, for their accommodation for the night—Henry Lee was with Thomas, but not my brother—as soon as my husband had done the business, he desired me to cover them over with a pair of
blankets—I took down the blankets to him, and covered them over—neither of them were undressed—I said to my husband, You had better bring the light, as they wish to get up at 4 o'clock in the morning, because it is not worth while burning a light for only an hour—he brought the light, and shut the parlour door, shutting them in; we then both went to bed again—that was a few minutes after 3 o'clock—when he got into bed he said to himself, There is not much chance yet—I fell asleep after that—at 4 o'clock my husband got up, and lit the candle, and went down stairs to the parlour where Henry and Thomas slept—he called them both up, and let them out—I could hear him do that—he bid them good morning, and bolted the door—after that he was down stairs, in the back room, for some minutes—he then came up stairs—his trowsers lay on a chair, close by the bedroom door—he went to his trowsers pocket, I could not see what he was doing there, he had his back towards me—he then came to bed—after he came to bed I heard him say, It is most too soon, I shall wait a little longer—I felt very fearful—I remained in bed till 10 minutes after 6 o'clock—I do not know whether my husband slept; I did not, I laid quietly—nothing occurred after he made that observation till I got up—after I got up I dressed myself in the bedroom, with the exception of my gown, and then went down stairs into the back room, and began to wash myself—I had not been down stairs many minutes before my husband came down—he walked across the back room, and went into the front parlour, and said, Henry and Thomas, are you gone?—I said, "Philip, anybody would suppose you were foolish; you know you let them out yourself, at 4 o'clock this morning—he said, Oh yes, so I did, and he came into the back room, and said, We are all alone, then, now—I said, "There are as many here as are required; there, is you and me and the three children—he then went up stairs; I remained below, finishing dressing myself—I asked him what time it was—he came on to the stairs, and said. It is just 7, my dear, and came down stairs—I had been washing myself, and putting my hair to rights, and he came down and stood by my right side, apparently buttoning his right hand trowsers pocket—I was putting on my things to go out; I was going to my sister's, No. 24, James-street, Camberwell, and I was putting my black brooch in my dress—he said he should like to have my brother Peter to himself—I said, Well, you know, Philip, my brother Peter will not be with you by himself, as you have threatened both our lives.
COURT. Q. What was your object in going out that morning? A. I was going along with my brother and sister to buy my children some mourning, on account of the death of my sister-in-law—she had been buried a week—it was Peter Westbrook's wife that was dead—I was going with my sister to buy mourning for the children.
MR. CLARKSON. Q. As you were fastening your dress with your brooch, what happened? A. My husband put his hand to the back of my neck and drew a knife from his right hand pocket, exclaiming, Now is the time, you b—;" and began cutting me across the middle part of my throat—his left hand was at the back of my neck—I screamed Murder! and struggled violently with him, and endeavoured to get the knife away from him—I was cut in the throat—I at length succeeded in getting the knife from him; it was a black handled table knife—I got hold of it by the blade with my right hand; I was on my knees struggling—after I got it from him, I threw it across towards the passage—the door of the room was open—I threw the knife towards the door, and called out—I still kept struggling with him till
I got into the passage, and there he forced me backwards—at that time my daughter had come to my assistance, but she could not get the street door unbolted—when my husband forced me backwards, he drew a second knife from his right hand pocket, and commenced cutting me in the left side of my throat—he had hold of me by my hair—I struggled with him, and succeeded in getting up on my feet, and told my daughter to open the parlour shutters, and give an alarm—she was trying to get the door open, but could not—my husband was then cutting me in the left side of my throat, and I was struggling with him—I had hold of the blade of the knife with my right hand, and as my daughter passed through the parlour door, my husband made a terrible strike at heir in the back with the knife; had she not stumbled the knife would have passed through her between the shoulders—when she had got the shutters open, he said to her, You b, I will pay you for this—she got the shutters open, and screamed Murder! during this time I was struggling with my husband—I at last succeeded in wrenching the second knife from him, and as soon as I had done so, and threw it down, he tried to force his fingers through the left side of my throat, and tore the flesh towards the left ear—I was then on my feet in the passage he then dragged me by the hair into the back room, and got a third knife—where he got it from, whether he picked it up, or took it out of the table drawer, I cannot say, for I was almost exhausted—I was then on my knees and he commenced cutting my throat again with the third knife—he did not say anything during this time, till the last part of it—I struggled violently with him, and got into the parlour, where he endeavoured to get me down with my head against the cupboard door, and then he exclaimed, Now I have got you, you b, I will do for you—after he had used that expression, assistance came, but he had the knife, point downwards, trying to force it through the left side of my throat, but I clasped the blade so tight with my right hand, that he could not force it as he would have wished to have done; I fear I must have lost my life if assistance had not come—I do not know who it was that came; I was too far exhausted—I only recollect getting out of the house door into the gateway, and I recollect no more, till I found myself in the hospital the same morning—there were three knives used—I threw two away in the passage; he dragged me into the back room before he got the third knife—they were all three black handled table knives.
Q. About a week or more before this morning of 24th Oct., had your husband made use of any threat to you? A. Yes; on 12th Oct.: I had been out with him on some errands; he wished me to go somewhere, and I refused; upon which he said Either your brother, or Henry Lee, or some b—or other has been having what I ought to have, and he then threatened my life; he said Mark my words, you shall not live long—I felt very fearful, and wished to get home—I said, Philip, you must be a very bad man indeed to accuse a woman of such an act, in the midst of death—my sister-in-law was then lying dead—I went with my husband to my brother's that night, at No. 9, Little St. Andrew-street, Seven Dials—my brother is a master drover; he is my own brother, by the same father and mother—next morning I went to buy some mourning, and on my return, I said to my husband, I have no time to stop for any dinner, Philip, there is plenty of dinner in the cupboard, you can get it yourself—I and my sister-in-law then took up our mourning, and went to Porter-street, leaving my husband in my brother's room; that was on Thursday, the 12th or 13th Oct.—on the day after the funeral of my sister-in-law,
I was at the house of my brother with my children; my brother said he wished to have my children over there, and I fetched them—my husband was also there—that was on the Monday, a week previous to this transaction—my husband came in a few minutes after me—he said, You have been across the common; I said, Well, Philip, I don't consider there is any harm in going to my own sister's—he then said You hussey, you shall die, and die before long, and by my hands—my husband and Henry Lee had been out together, and it was on his return that this took place—Lee did not return with him; he returned alone—he went out again, and returned in the course of the afternoon to my brother's house—he came up stairs, and said Hannah, your brother wants you—I went down to him; he had come home, and was waiting in the passage—my brother said he hoped I should not think it strange of him, but he wished to have a little recreation, and he should like to go to Astley's Theatre—I said, Well, Peter, please yourself—he said, Me, and Philip, and Henry Lee, and my nephew John, are all going together—as they went, my husband returned back from them, came to the stairs, and said to me, You mark my words, you shall die, and die before long—he went out with them, but did not stay with them; he returned a little after 7 o'clock—I was then up stairs, in my brother's room, putting on my bonnet, to go to the butcher's for his supper—he said, Where are you going?—I said, I am only going over to the butcher's, Philip; you can come too—he said he would not come—I and Charlotte Westbrook went to the butcher's, and just as we got to the Three Tuns we met Thomas—whilst we were in conversation with him my husband came up and said, You hussey, I have caught you, have I?"—I said, Philip, I don't consider I deserve to be called that name; I have done nothing—he then went away—I got as far as Little Earl-street, when he caught hold of me by the left shoulder, and said, Where are you going?—I said, We are going home, Philip?—Charlotte Westbrook was still with me—he said, How dare you move without my leave?—he had not told me to remain in any particular place—I Raid I did not consider it worth my while to stand about in the damp, as he did not tell me to wait there—lie said, You mark my words, you shall die, and die before long—we then went back to my brother's house—my husband slept with me that night, and on Wednesday after the funeral I returned with him to our own house—my brother moved his goods on the Wednesday from his own room to ours, and I was in the van—in consequence of what I heard, I went to a public-house right opposite, and there found my husband and Henry Lee—they had had a quarrel there, and Henry Lee struck my husband—my husband called me on one side, and said, You hussey, will you stand here and see me struck, and not take my part?—I was in very ill health at that time—I said, Well, Philip, I am not capable of taking your part—he said, Mark my words, you shall be the sufferer for this—I slept with him that Wednesday night—while we were going up stairs he told me to prepare myself, for my time was getting short—next day, Thursday, I and my brother, and my husband, went together to the Three Tuns, in Moor-street, Soho—Lee was there—my husband went up to him, and asked him to shake hands with him—he did, and drank with him, and they made up their difference—when we got home, as soon as my brother had gone to lie down, he began scolding again—I talked to him, and asked what was the reason that he kept threatening me—he said he should not be happy till he had had his revenge—I have never given him the smallest ground of suspicion of unfaithfulness towards him
either with Henry Lee or any other man—I have never been guilty of any levity or unfaithfulness with my brother—my right band was dreadfully cut on this occasion—it has been attended to at the hospital.
Cross-examined by MR. RIBTON. Q. Is your husband older than you A. He is thirty-six, I am thirty-four; he was not a widower when I married him—I never saw Henry Lee before the day my sister-in-law was taken ill, that was a fortnight before this transaction; she was taken ill on 2nd Oct. as this happened on the 24th; it was on 2nd Oct. I first saw Henry Lee—I will swear that was the first time I saw him—I have seen him twice since this transaction, at the hospital—he came there with my brother and sister—I have not seen him to-day—my husband and I occupied the whole of the house in Park-street; there, are three rooms; we had been living there just upon a twelvemonth—he is a wheelwright, he can earn 30d. a week—no one is in possession of the house now; my daughter is in a room, and what little furniture I have she has got in that room—the three rooms were not furnished, I had not sufficient—I believe, my brother has moved the furniture to the room in Devonshire-street; my daughter is living with a Mrs. Cambridge—I did not accompany the party to the theatre; I was not asked to do so—I had never been to Astley's with any of them—it was on the Monday morning that I heard my husband use the expression to him self—I was alarmed—I went down a few minutes before him in the morning—I should have gone out as soon as I had dressed myself—I was not going out to spend the day, but I felt anxious to get away to tell my brother and sister what fear I was in—that was not my only reason for going away, I was going to buy my children some mourning—I should have gone out for that purpose whether I had been alarmed or not, but not so early my daughter slept in the same room as me and my husband in the early part of the night, and when the two men came, she went into bed to her two little brothers in the same room—we all slept in one room—I never planned to take the children away from my husband—I did not go down stairs to the two men before my husband went down—I went down to cover them over with a blanket, and my husband stood, alongside of me—I only had on my night clothes—I had not been down stairs at all from them time till I went down at 6 o'clock, or a little after—it was at a public-house in St. Andrew-street that the quarrel took place between Henry Lee and my husband—I saw Henry Lee strike him—I had not been there at the commencement of the quarrel—I suppose I had been in there about ten minutes before I saw Lee strike him—I was very angry with Lee about it—I scolded him, and said he should not do so—the knives, that were made use of were my brother's knives—they had been moved from my brother's house to ours on the Wednesday—my brother brought them with him—I saw my daughter this morning, when I was coming in here—the lad Thomas is about seventeen years of age—it was on Thursday, 13th Oct., that I told my husband there was plenty of dinner in the cupboard, and. he could get it himself—it was at my brother's house, about 2 o'clock in the day—my husband was there, and Henry was there—by "Henry," I mean, Henry Lee—they were together, and I and my sister-in-law—I do not know how old Henry Lee is—he is a young man—my husband did not ask me to get the dinner for him—I told him I had not time to stop—there had been no conversation. about the dinner, only I had not time to stop to get it—I spoke to him about it first, and said he could get it himself, as there was plenty in the cupboard—I was in ill health at the time of the quarrel between my husband and Henry Lee—thatwas
on the Wednesday as he cut my throat on the Monday—that was one of the reasons why I did not assist my husband when I saw him struck—I could not assist—I had not strength—I had never been to the Three Tuns with Henry Lee, when my husband was not there.
MR. CLARKSON. Q. Your brother, we understand, is a master drover? A. Yes—he is obliged to leave home early in the morning, for his business—Henry Lee and my husband had been sitting up with my sister-in-law whilst my brother was away, when she was ill—that was the means by which I became acquainted with Henry Lee.
ELIZA GRINNEY . I am the daughter of the last witness. I was living with my father and mother at this house in Park-street, Kennington, when this happened—I slept in the front room up stairs, in the same room as my father and mother and my little brothers—early on the morning in question, when the men came, my father awoke my mother, and that awoke me—I was awake when my father went down stairs—I got up, and my father carried my bed down stairs to my uncle's room—I went into bed to my two little brothers—I was in the bedroom about 6 o'clock, after my mother had gone down—I heard her scream Murder and ran down stairs—I found my mother lying down by the foot of the stairs, and my father by her side, with a knife in his right hand, cutting the left side of her throat—my mother was struggling very hard—I did not see what became of that knife—my mother struggled, and got it away from him, and threw it across the back room, but I did not see that—I ran to and fro in the house, screaming—in consequence of what my mother said, I went to the shutters of the front parlour, opened them, and screamed Murder!—I ran out of the parlour when I could get away, ran to the street door, and opened it, and then two men came in—before that, as I ran out of the passage to open the parlour window, my father made a strike at my back, but I stumbled round the door, and that was how I saved myself—when the two men came in, my father jumped up from my mother, and ran at them with the two knives, and said he would stick them through if they dared to venture inside his door—my mother was then lying on the floor in the parlour, down by the cupboard door, bleeding dreadfully—the two men ran out again into the street, and my father ran back to my mother, and said, Now, you b—I will do for you!—he knelt on her head, and held the knife in his right hand, and was just in the act of jobbing it into her throat, saying, Now, I have got you, you b—, I will do for you, when a man that lives almost opposite rushed in, caught my father by the back of his neck, and took the knives out of his hand—when they had got my father outside the door, my mother got up off the floor and came out to the door, and the words she said were, Look at me—she said that to the persons outside—she was taken off to the hospital—the man who took the knife from my father threw it on the bed in the front parlour—it was a black handled table knife.
Cross-examined. Q. How old are you? A. Fifteen, the 25th of next Feb.—I have not been particularly fond of my father.
MR. CLARKSON. Q. Why do you say so? A. Because he ill-used my mother so.
JOHN LAW . I am a bricklayer, and live at No. 24, New-street, Park street, Kennington-cross. On Monday, 24th Oct., about half past 6 o'clock in the morning, I was going home, and when within about 100 yards of my house a person came running round the corner, saying, For God's sake, do come round to the front parlour; there is a man murdering his wife—
when I got to the prisoner's house I found the window thrown up—I looked in, and saw the prisoner at the far end of the parlour at the end of a bed, the wife underneath, and the prisoner cutting her throat—she was bleeding—at the instant I was looking through the window, one or two persons rushed in at the door, seized the prisoner by the back, and brought him out—immediately after, the woman was either led out or walked out to the door, and leaned her back to the fence—I saw the wounds in her throat—I pulled out my handkerchief, and wrapped it round the cuts; the daughter, or another person, brought out something better, and wrapped round my handkerchief—I then led her round to the side of the road, assisted in placing her on a barrow that was passing, and she was carried off to the hospital.
JOSEPH SMITH . I am a cabinet maker, living at No. 77, Park-street, Kennington-cross. About half past 6 o'clock in the morning of 24th Oct. heard cries proceeding from the window of No. 35, Park-street, right opposite where I live—I saw Eliza Grinney looking, out of their window—ran across, went into the house, and took hold of the prisoner—I took a knife out of his hand, and chucked it over the bed—after bringing the prisoner out of the front parlour, I went in again to assist the woman to get up—she met me at the door, and fell back against the railings—I afterwards went in and picked up two knives, one where I had chucked it, and the other at the foot of the bed; the bed was on the floor—I delivered those knives to the policeman, Masser—I did not see a third knife—those that I picked up were all covered with blood—they were black handled table knives.
THOMAS MASSER (policeman, L 39). On the morning of 24th Oct., about half-past 6 o'clock, in consequence of being called, I went to the house No. 35, Park-street—I found the prisoner outside the railings—he said, Is that you? I know you, and I will go anywhere with you—I took him to the station—on the way there he said, I hope she will die, I shall be hanged, and then I shall be happy—I produce the knives I received from the witness Smith, at the time I took the prisoner; they are smeared with blood now—I also produce a third knife—after leaving the prisoner at the station I went to Guy's Hospital, and saw the wife—I afterwards returned to the house, No. 35, Park-street, and in searching the premises I found this knife under the bed, in the front parlour, and on the floor in the back room I found this black brooch, covered with blood and hair—the third knife was more discoloured with blood than the others.
JOHN TIMOTHY HUGHES (policeman, L 20). I was at the police station on the morning of 24th Oct., between 6 and 7 o'clock—the prisoner was brought there by Masser, who produced the knives—the prisoner said, I only used one—nothing was said to induce him to make any statement—he also voluntarily said, If she is dead I shall feel happy to be hanged for it; and when I had killed her I intended to have cut my own throat—on my saying, Why did you do this? he said, Because she had two men in the house with her all night, and she was going away with them in the morning, and leave me and the children"—I observed that his hands and the sleeves and front of his shirt were all thickly clotted with blood.
(HENRY LEE was called, but Counsel on neither side desiring to put any question to him, he was not examined.)
JOHN PENFOLD MORRIS . I am house surgeon, at Guy's Hospital. On the morning of 24th Oct. I was called upon to attend the prosecutrix—I found a wound between three and four inches long on the upper part of her
throat, in the middle—on the left side of the throat there were two wound communicating with the central one; they were either the terminations or the commencements—they could not all have been done with one stroke; it was not a deep wound, though there was a considerable amount of hemorrhage—I am speaking of the whole of the wounds—it was all one wound but two commencements or terminations—the edges of the wounds were rather rough, but not very so; they could not have been inflicted by a very sharp instrument—no large vessels were injured—the direction of the wounds on the left side were one up and the other down; they were two wounds, but communicating with the central wound—there was also a contusion on the left cheek, and a little bleeding from the left ear—there was one wound on the throat, but branching off in two directions—there must have been two cuts; I cannot answer for how many more—it was a transverse wound across the throat, branching off one a little up, and one a little down, on the left side—her right hand was very much injured—there were a number of cuts on the palm, one very deep wound on the ball of the thumb, another between the thumb and first finger, and across the fingers—almost all the fingers of that hand were wounded more or less—there was also one wound, not an extensive one, on the back of the left wrist, and several cuts across the palm of the left hand—the wound on the ball of the thumb was between a quarter and half an inch in depth—one finger of the left hand was injured at the joint, in consequence of which she will have a straight finger as long as she lives—the knives produced might have inflicted the wounds—she has remained in the hospital ever since—she has been attacked with erysipelas, but it was very slight—she has had two or three abscesses in the neck, the result of the erysipelas—in my opinion her life has not been in any danger since she has been there.
Cross-examined. Q. From the first time you saw her up to the present time, her life has never been in danger? A. No.
(The prisoner's statement before the Magistrate boas ready as follows: One of the men in the court (the police court) Henry Lee, came with another man, Tom, my wife's brother's man—they came together at half past 3 o'clock this morning, and knocked me up—I and my wife took the bed down to them, and my wife then said, I shall not stop with you any longer I shall go down And sleep with those two—they had been together on the Sunday before, and had dined together—my wife denied my coming there, and said if I offered to follow her she would run it through me, and she took a knife in her hand, one of those same knives—I had been over once, and carried a basket with her clothes, and she said she was going into the country; that her brother was going to take her, and Henry Lee was going with her; and that she should never come back again to me, or the two children; and that I had my own hands and strength, and could support them—I said, 'You must let me know where you go to before you go out—the reply she made was, 'I shall not; you shall never find me any more; and she said she would go with them she liked better, and that washenry Lee—she was going away—the two knives were on the table; she took one and threatened to stick me—I picked up the other, and drew it across her throat, as she was going to put her brooch in—that is how the two knives came to be over blood, because she had the knife in her hand—she ran to the street door, and 1 after her; the door was bolted, and she could not get out—then she ran into the front room, and as she was going over the bed, I threw her down—the girl threw up the window, and screamed 'Murder!' and the man came and took the knife away—she was up stairs in bed with me comfortable
till these two men came and knocked me up, and then she would go down stairs to the room where the two men were.
HANNAH GRINNEY (re-examined). I did not say to my husband, I shan't stop with you any longer, I shall go down and sleep with those two—I dined at my sister's on the previous Sunday—Henry Lee and Thomas were there—my husband was at home—I did not say to him that he should not come there, and that if he offered to follow me I would run something through him—I did not take a knife in my hand—I never took a knife in my hand to my husband—I never told him that I was going into the country, that my brother was going to take me, that Henry Lee was going with me, and that I should never come back to him and the children—I never told him that he had his own hands and strength, and could support himself and the children—he did not tell me that I must let him know where I was going«to before I went out, nor did I reply, I shan't; you shall never find me any more; I am going with them I like better, and that is Henry Lee—it is false, I never said such a thing—I did not take up one of the knives that were on the table, and threaten to stick him—I saw no knife till he drew the one from his right pocket, and began to cut my throat.
(William Haseltine, a coach wheelwright, of No. 36, Park-street, Kemington—Gopel, coach builder, of Clapham-rise; George Bradford, gardener, of No. 9, Robert-street, North Brixton; and Mary Bowles, wife of a wheelwright, deposed to the prisoner's good character).
GUILTY on 1st COUNT.—Aged 36. DEATH RECORDED.
MR. DEARSLEY conducted the Prosecution.
THOMAS AVERT . I am a labourer in the employ of the South Western Railway Company, and live at No. 2, Elizabeth-place, Hampton-street, Wandsworth-road; the prisoner is my wife. On Saturday night, 23rd Oct., I came home with her from the public house, about 12 o'clock—I was perfectly sober—my wife was not, she had been drinking—I do not think she knew what she was about—I went into the beer house, which is my landlord's, to tell him I was not going to pay him that week—a friend of mine, named Parsons, was in there—he asked me to drink, and we had a pint of beer each—my wife followed me, and took a seat along with four women that were in there, and partook of part of the beer—the beer shop is within one door of my house—we left the beer shop, and went home, and Parsons was to bring in a pint or pot of beer—when I got in doors I sat down in a chair at the entrance of the kitchen—my wife was standing at the far end, at the other end of the table—I said, I wonder where Parsons is?—she broke out into a passion, making use of some angry words, cursing, and saying, I am d—d if he is coining here, unless his wife comes—I said, Don't you be quarrelsome, don't be disagreeable most likely his wife is in bed and asleep before now, where we ought to be—she still kept on with those words—I said, If you mean to quarrel, you shall not quarrel here; don't disturb the people that have gone to bed—she then stripped up her gown sleeve, put her fist in my face, and said, I defy you, you b, to stop me—from those words I could see she was going to ill use me, and before I could get on my legs, she caught hold of me by the hair of my head with one hand, and by the throat with the other, trying all she could to choke me—I bit the heel
of her hand, and she seized the axe, and gave me two wounds, one right across the nose, and one on the bone of the ear—she had pulled me down on the ground, and fell a-top of me, and kept me down—when I receive the two blows, I became insensible for some time—I felt that my face was smothered with blood, which was running into my mouth—I was found lying at the front door, half in and half out—how I got there I cannot say—the witnesses came to my assistance, and took me first to the station, and then to the doctors—I have been attended by Mr. Ayres.
Prisoner. Q. Tom, answer me truly; you are on your oath, I am not speak candidly; when I was coming out of the beer shop, did not I tell Parson's wife to come in? A. No—I did not push you down, and hit you in the eye.
Prisoner. He did, and my eye was black from it; and he threw me down, put his knee on my breast, and bit a piece nearly out of my hand before that he bit me in the finger; I hallooed out, and the witness Mary Flick said to him, Oh, Mr. Avery, don't do that; I was lying on the ground under him, and he was kicking and hitting me as hard as he could. Witness. There is no truth in what she says—she was not lying on the ground—I never rose my hand to her or my foot—I am quite sure I never struck her.
Prisoner. Oh, you lying wretch, you did; why should I halloo out, if you did not? when I caught you by the hair, you bit my hand, and I groped about; what I caught hold of, I do not know; but I caught some thing and hit him with it; I was obliged to do so to get my handout of his mouth. Witness. There is no truth in it—she was not under me on the floor—she was standing over me, after wounding me and knocking me down—I have been married to her turned twenty-four years—we have two children one turned twenty-two, and the other eighteen—they are both in the army, and away from home—we have been living together all the time, but not comfortably—she has been away from me once—we have generally been living together—the axe she struck me with was kept for the purpose of chopping wood—it always stood in one particular corner of the kitchen—she could reach it from where she threw me down—she was not so tipsy but what she knew what she was about—she was the worse for drink.
MARY FLICK . My husband is a smith; we reside at No. 1, Anthony street, Elizabeth-place. I went down for a jug of water, and saw the prisoner and her husband down at the foot of the stairs—Mr. Avery was down, and Mrs. Avery was rather on the top, because there was a step—I went and got the water, and went up stairs, and left them in the kitchen—I did not interfere—I saw nothing further till I heard Mr. Avery call Murder! and saw him half in and half out of the door, with his head and face cut—when they were on the ground, Mrs. Avery said that Mr. Avery had got her hand in his month, biting it—I was not near enough to see whether that was correct—I cannot say whether she had hold of his hair or not.
Prisoner. I was under him when I said so; and did not you say, "Oh, Mr. Avery, don't?" Witness. I might have said so—I did not know at the time what position they were in—they have quarrelled before, and she has been out of doors—whether she went out of her own accord, or whether he turned her out, I do not know—I never interfered.
Prisoner. You know it very well; why should I be cross with you for not opening the door for me? Witness. I think you had better hold your tongue; if you wish me to speak, perhaps I may say a great deal more than you may wish.
JAKES EARDLEY . I am a horse clipper, and live at No. 36, Ann-street, Clapham. I went to the prosecutor's house, and saw him lying part in and part out of the doorway, with his head towards the passage—the prisoner was standing in the passage—I asked her if this was her husband; she said, What has that to do with you?—I said, It will have to do with you also, and with that I picked him up—he appeared perfectly senseless; I thought he was dead—I got assistance, and we took him to Mr. Ayres, the surgeon's—a policeman came, and the prisoner was taken into custody I went to the house with the policeman, and found this axe leaning against the end of the house in the garden, near the back kitchen—there was blood on it, and there were marks of blood haying been wiped up where it happened.
BARNARD AYRES . I am a surgeon, of Upper Portland-place, Wands worth-road. The prosecutor was brought to my house—he had two wounds one a slight one at the right of the nose, about half an inch long, not affecting the bone, and one, penetrating the skin, across the cheek bone, about an inch and a half long—I did not consider them serious—they might have been inflicted by this axe—no serious consequences followed.
(The prisoner, in a long defence, detailed a series of alleged ill-usage on the part of her husband, and stated that she had no intention of doing him any harm on the occasion in question; what she did was done in a possum.)
GUILTY of unlawfully wounding. Aged 42.— Confined Four Months.
MR. CLARKSON conducted the Prosecution.
ELIZABETH BEECHAM . I am the wife of John Beecham, and live at No. 16, China-walk, Lambeth—the house is let out in tenements; the prisoners lived in the garret—they had four children—when he took the room he said he had but two—the baby was a year and ten months old, one boy about ten years old, a girl fourteen, and another boy about six—they lived there five weeks—on 28th Oct., about 2 o'clock, I was at home taking my dinner—I heard a rumbling noise, and just after I heard the baby cry—the rumbling noise came from the attic to the second floor door; I occupied the first floor—the house is only three storeys high—the ground floor has nothing to do with it; it is only a shop separated off—on hearing the noise I instantly went up stairs, and there I saw the baby lying against the second floor door—it had rolled from the attic—I screamed moat dreadfully, and brought the assistance of my sister—the baby was taken up, and brought into my room—it was in a most dirty, filthy, and neglected state; it had but one little flannel round it, and that was as dirty as the gown on your back—it was very dirty—it had nothing on but the piece of flannel; it was naked, except that—its body was in a most miserable state, in a starving state—I gave it some bread and butter, with some sugar to it—it made two mouths at it, and then dropped it—it took it ravenously—it could not partake of it, the food was too heavy—it was a female child—it could not stand by itself—as soon as it took the bread and butter, it ran through it—I had never seen the child before; I did not know there was such a child in the house—I knew the parents by seeing them—some one sent for the landlady and the police—I wrapped the child up in a handkerchief, put it in my ironing blanket, and put it in a warm shawl I had got, and took it with the policeman to the station—it had no warmth in it; it was as
cold as ice—the body of the child was filthily dirty—the prisoners were not sober pretty nearly all the time they were in the house—the woman was more in liquor than the man—I have seen them drunk very often—he is a shoemaker by trade—I afterwards saw the child dead at the inquest, I think a week afterwards—the prisoners kept, I may say, all hours—the man was at home sooner than the woman, because he has come down to let her in, and she would not come in—I once saw the boy clean, one Sunday; at other times, I always saw him ragged and dirty—the prisoner had work, by what I am given to understand; I do not know anything at all about his work—in my judgment, the child had not been properly taken care of; it had been totally lost by neglect and inattention—if it had had the common attentions of a mother, it would no doubt have been a fine child—it would never have been in the state in which I observed it.
Patrick Conner. Q. Did you ever hear me making a noise going up or down? A. I did not; only one night when you were coming up, and my partition was knocked in—that was the night before I found the child.
Johanna Conner. Q. Have you ever seen me intoxicated while I was I the place? A. Yes, I have; and by your nuisance we have been kept awake till pretty well morning; you hardly ever came home sober.
MR. CLARKSON. Q. Were either of them at home on the occasion when you picked up the child? A. No, nobody at all; it was quite alone—I did not go into the room—the landlord did, with the policeman.
Patrick Conner. It is true no one was at home, but I left the girl, fifteen years old, in charge of the child; when I took the place of this old woman, she said she could not let it if there was many children, and asked how many I had, and I said two; I was on strike at the time, and was glad to get any place that was cheap. Witness. He did not take the room of me, but of Mr. Page, the landlord; he paid 18d. a week.
THOMAS FOSTER (policeman, L 133). On Friday, 28th Oct., about half past 2 o'clock in the afternoon, I was called to No. 16, China-walk, Lambeth, and saw the child in last witness's room, lying on the carpet—it was in a most filthy and emaciated state—it had on a dirty piece of flannel, which only partially covered its body—it did not appear to have had any of the proper offices of a mother addressed to it—the flannel was in a very dirty state, and the body also—it appeared very weak, it could scarcely crawl—I directed it to be taken to the station—I went into the garret of the house—I did not find any children there, nor any one at all—the room was in a most filthy condition; it looked as if it had not been cleaned for six months; the dirt completely covered the floor—there was no firing in the place—there were two beds lying on the ground in one corner of the room—it was a shaving mattress, and a flock bed on the top of it—the clothing was one sheet and a dirty blanket; in another corner was another shaving bed, and no bed clothing to it—I did not see any food in the room—after I had examined the room, I endeavoured to find the parents—I went to a public house called the Fountain, in Lambeth-walk, and there found them sitting in front of the bar—that was about an hour after I had ordered the child to be taken to the work house—I did not know them before I took them into custody—they were both the worse for liquor—I afterwards saw the dead body of the child before the Coroner—from the appearance of the child 1 should say it had been properly treated as regards food and nourishment; it had been neglected—I found no money on the prisoner.
Patrick Conner. What he says is very right.
prisoners, and found them at the Fountain—they were both intoxicated, the female worse than the husband—we took them into custody—I have known Conner for the last two years to have parochial relief from the house—he is an able bodied man to do that which is right towards his family—the relief he had from the parish was casual, as far as midwife's orders go, and so on—on our way to the station the female said, Pat, you blackguard, this is all through you, or else this would not have occurred'1—he replied, Hold your tongue—they were very riotous at the time the charge was taken, and their language was very abrupt and offensive—the woman stated that the children had got plenty of food; that the boy Ban had got 2c?. from a woman at the Fountain, and that he had purchased bread with it, and taken it to the children—I had met the eldest girl in the walk, along with Foster and Mr. Bellamy, one of the relieving officers, and it was from her that I learnt where the prisoners were—the girl was ragged in her clothing—as far as her bodily appearance went she did not appear to have been neglected; she was a healthy looking girl—I have known both the prisoners about two years—their habits are dissipated—they get drunk very often—I cannot say whether they were in the habit of staying with or leaving their children—I have seen them at the public house.
Johanna Conner, Q. How many times within the last two years have you seen me go to Lambeth workhouse for relief? A. That I cannot say; but I have seen you several times.
Patrick Conner. Q. Are you aware that I had a doctor's order for the child that died A. I have seen you there several times; but what it was about I do not know—I was merely there as a constable to keep order.
MR. CLARKSON. Q. When you have seen him there was he drunk or sober? A. Sober at that part of the day; it was between 9 and 10 o'clock in the morning.
SARAH BEECHAM . I am the wife of William Beecham, who Keeps a marine store shop at No. 16, China-walk, Lambeth—I also occupy the front room on the ground floor of that house—I am sister-in-law of the first witness—I heard her screaming on 28th Oct., and ran up stairs—I found the child lying on its left side on the second floor landing, it was naked except a piece of dirty flannel at the back part of its body, it did not cover the chest—the lower part of its body was quite naked—the flannel was filthily dirty—the lower part of the body of the child was covered by its own filth—I took it into my sister-in-law's room, warmed it and gave it milk and a piece of bread and butter—it bit it twice and then dropped it, and put out its little hand for drink—I put some drink to its mouth, it was so eager to take it that part of it came from the corners of its mouth, and what it did take passed through it immediately—I consider it had been very much neglected indeed—it was in a very bad state—I can compare it to nothing else than a poor starved old fowl—the legs were drawn up to its body—it had a sort of sallow complexion, and it did not seem to move—it lay as it fell, and made a sort of grim cry—I could not call it a cry, it did not appear to have strength to cry—it had evidently been neglected—I know the two prisoners by seeing them—I am afraid they were very much addicted to drinking—I cannot say that I have seen them intoxicated—I did not sleep in the house—I do not know the hours they kept—I shut up my shop, and leave at 10 o'clock.
Patrick Conner. Q. Are you aware that the child was ill, and under the care of the doctor A. No; I saw it once previously in the girl's aims, but did not see its face—I asked if it was ill, and she said itwas
not very well; that might be a fortnight or three weeks before—it laid on the girl's shoulder, but I did not take particular notice of it.
Johanna Conner. Q. Was not the child then properly dressed in warm clothing A. It had a wrapper round it; I could not tell what it had on—I do not recollect your telling me on the Monday before this happened, that the baby was very ill indeed—I advised you to keep sober and steady, and send your children to the Ragged School, where I always send mine—you sent for a Quartern of spirits, and I just put my lips to it not to offend you.
WILLIAM COPE . I am relieving officer of Lambeth parish. I know the prisoners; they were in the habit of having occasional relief from the parish—the last relief they had was on 6th April, 1852; they have had none since—they have had a medical order; on 20th Aug. I gave an order for medicine for this very child—from that time there has been no application to me for assistance, for either father, or mother, or children—I gave the medical order to the mother—I asked what the child was suffering from; and the answer, as near as I could make out, was diarrhœa—I have not visited them at their place since they have been in China-walk; I have at their former residences—I do not know sufficient of them to state what their habits were.
RICHARD CRANER . I am a shoe manufacturer, at 66 Lambeth-walk The prisoners worked for me up to the strike; the male prisoner was a maker, and the wife a closer—the strike was on 9th Sept. last—the female had worked for me about eighteen months before that, and the male prisoner not quite so long—they made up my materials—they had plenty of work up to the strike—they had fourteen pairs to make for me then—I have my book here—they could earn from 35d. to 2l. a week—the female prisoner, many and many weeks, even herself, received 18d. or 19d. a week of me—they are both good mechanics—at the time they were taken into custody, they had six pairs of my materials remaining, out of the fourteen; eight pairs I have received; he received 2d. 3d. a pair for those.
Patrick Cornier. I sent in nine pairs, you were half your time drunk; bring your wife and she can prove it; I had not half enough work of you.
Witness. You always had plenty; if a man will not work, I cannot help it.
COURT. Q. How much did the male prisoner receive in a week from you? A. At times he would never work at all—I hardly know how much I have paid him in a week, they receive their money as they bring in their work—I did not pay them by the week—at one time I think I paid him 14d. 9d. at one stretch; the female prisoner struck with the others—I never refused to give her work.
PAUL SPILLAN . I am a shoemaker, in Lower-marsh, Lambeth. I have been in the habit of giving the prisoners employment on and off for eight years—they are very good work people—if they kept sober, the man with the assistance of his family could earn from 25d. to 30d. a week on an average—they are very good people, and always supported themselves in regard to food very reasonably and well, as far as I know, when sober; but they are addicted to drink on and off, and then they are neglectful of their domestic concerns—if they chose to keep sober they could support their family.
Johanna Conner. He can speak to our character. Witness. Their pre vailing evil is being addicted to drink; when sober they are very good people—I have advanced them upwards of 1l., and they have returned it
to me again—they always sent their children to me for money when they were on the drink, and I used to advance it to them; but this week they were dreadfully so—they sent one of the children to me for some money to get food, but I would not let them have it, thinking I should encourage them in drinking.
Johonna Conner. Q. Did you not see my baby in my arms the week before in a dreadful state of illness after I had come from the Waterloo Dispensary with it, where it was under the care of Dr. Wiltshire? A. I did see her with it—she came into my parlour with it, and my wife gave it something to eat; she had just come from the dispensary with it, and she said it was always declining—I observed the state of the child at that time, it appeared very ill, in a perfect decline; I thought beyond recovery; it was very clean and nicely dressed—that was about a week before this.
OBADIAH BELLAMY . I am one of the relieving officers of Lambeth parish I remember the child being brought to the workhouse on 28th Oct.—it was in a most filthy and emaciated state of body; it was the greatest shock I ever had to my feelings when it was uncovered—I afterwards went to the prisoner's room; it was in a most filthy wretched state—there was no table, no fire; two apologies for beds, made of shavings, on the ground, and altogether in the most filthy wretched state—I sought the eldest girl in the neighbourhood, and soon found her—she was shoeless, and in a very dirty and filthy state—I took her with me to identify the parents—I found them at the public-house, and gave them in charge—they were both intoxicated—I examined their room when I was there, to see if there was any food for the children, and there was none, and I also questioned the girl—no application has been made to me by the prisoners for any relief; if he had applied, and he required it, I should most decidedly have afforded it to him—if I had found the children without food, and his room in the state I found it, I should have thought he did require it—that was the object of my visit, to see if they did require it—the child remained in the workhouse eight or nine days; it was attended by the surgeon.
COURT. Q. You are in the habit of giving out-door relief in your parish, are you? A. Yes; in the case of an able-bodied man out of work through a strike, I should give immediate relief if the case was urgent, and work for the future—if he refused work, I should offer him an order of admission, and would have taken care of the children.
MARGARET CONNER . I am the prisoner's daughter; I have two brothers, Michael and Daniel. On 28th Oct. my father and mother left home about 10 o'clock in the morning—my father went first, and my mother followed—she said she was going out to try to get us some victuals—we had had nothing to eat from the night before, only a pound of bread; my brother fetched it in about 2 o'clock in the afternoon—I was not at home at the time the baby was taken away—on the Thursday my brother and I did a job for a woman that my father had to do, and we got the money for it, and bought a loaf, and brought it home—my father and mother did not provide any food for us on the Thursday—I cannot tell how much of the Thursday they were out—they were not at home very long—I do not know what became of them when they went out—they are in the habit of drinking—they had been drinking for three or four days before the Friday—I remember taking the child to the Waterloo Dispensary on the Thursday—the child had been ailing for some months before—my mother said she was ill, and could not go, and so I took her—my father made me take it—my mother was not well; she had a headache—when my father and mother
were out, we were out as well; we walked about the streets—we were not without food on those occasions—we were only three days without food—we had plenty when my father and mother were at home and sober—the last time my little sister had food before she was taken away was on the Tuesday—she could not eat bread and butter; she only had drink; it was tea—I was able to give it tea while my father and mother were away.
Patrick Conner. How much meat did your mother bring in at the beginning of the week? Witness. Six pounds, on Sunday morning—that was cooked, we all partook of it—we had potatoes, and plenty of bread—that meat lasted till Monday; it was all gone then—I believe the baby was able to eat some of it—father and mother fetched plenty of food for us on Monday; we had bread and butter, and we had some potatoes and meat for our dinner, and bread and butter for breakfast and tea—my father fetched in five pounds of fresh beef on Monday night; I think that was all gone on Monday—we had something on Tuesday; it was bread and butter, and some fresh herrings—there was no more meat—we had plenty to eat on Tuesday—there was enough victuals on Wednesday—we had one meal on Wednesday, that was all—some bread was fetched, mother gave us half a quartern loaf, and some tea and sugar—we had nothing on Thursday, except the bread which my brother and I bought; it was a half quartern loaf—there was nothing provided on Friday—we had tea and sugar in the house on the Thursday—we had nothing on Friday but one pound of bread; there was nothing in the house at all, not a bit, not before the baby was taken away—I was left in charge of the baby—I am the eldest; I am fifteen years old, I think.
COURT. Q. How came you to go away and leave the baby A. I went out to see if I could see my father and mother to get something to eat, and my mother sent me with a pudding club ticket to sell to get something to eat, but I could not sell it—my brother Dan is twelve years old—I think my other little brother was with me—we were all out—I left the baby in bed; I did not leave the door open, I shut it, but did not latch it, I only pulled it to; I dare say she crawled to the door, and opened it, and rolled down the stairs—the reason it only had on the piece of flannel was, because I did not dress it, it had plenty of clothes—I think it was 10 o'clock when my father went out; my mother was in bed then—she got up and went out, and said she would fetch us in some victuals—they did not come near us, and I got up and dressed myself, and went out, and left the baby asleep in the bed—I was very hungry, and went out to try and see them—I went to the Fountain, and saw them there—I told them we wanted some victuals, and my mother gave me the pudding club card—she was sitting down in front of the bar, she was not drinking; they had no money—my father was at the bar—they were not very drunk, they were in liquor.
Johanna Conner. Q. Did not you have part of the pound of bread before you came out after me) A. Yes, I did have some of it; I gave the most of it to my two brothers; and of course a pound of bread is not much to go between three of us.
MR. CLARKSON. Q. What was the name of your little sister? A. Ellen—she was a year and ten months old—I saw her after she was dead.
ELIZABETH WILSON . I am one of the nurses of the sick ward at the poor house at Lambeth. On 5th Nov., the deceased child was brought to my ward by one of the other nurses—it died early in the morning of 8th Nov.—Mr. Beale attended it while it was there.
medical officer of the parish of Lambeth. On 28th Oct. I was called to see this child—it had then been washed and dressed, but I found it emaciated to the very last degree—I had it put into a ward, and it was properly clothed and fed, and had medicine—I saw it partake of its food—it took it very ravenously, as if it had been insufficiently supplied with food—I continued to attend to it up to the day before its death, 7th Not.—it rallied for about three days after its admission to the house—at the time I first saw it I believed it to be suffering from mesenteric disease—it would be rash to form any opinion of the source from whence that disease had sprung—it is a disease common among children; it is similar to consumption—after its death I made an examination of the body—I believe that it died from, that disease—I do not know what produced that cause—if a child was left insufficiently provided with food or clothing, that would be the most certain means of producing that complaint—I found that the lungs were affected; there were tubercles in them—that was evidence of a growing disease for some time past.
Q. In your judgment, if the child, in the state in which you saw it after its death, had been properly cared for, would there have been any reasonable probability of arresting its death? A. The disease had made too great progress when I saw it—if it had been attacked with that disease constitutionally, the neglect to supply it with sufficient food would decidedly aggravate that disease, and expedite its death—I have been in Court during the examination of the witnesses—I believe from what I have heard stated, that the neglect to provide properly for the child hastened its death.
COURT. Q. Could you form a judgment of how long standing the tubercular disease in the lungs was? A. I should imagine several months; the disease was not confined to the lungs alone, it extended to the liver, and other organs—it was an organic disease, and that organic disease caused the death; although it might have been hastened by the circumstances to which I have referred—it is not always incurable; so far as I saw it, I should imagine there was no probability of a cure.
JOHANNA CONNER Q. What was the reason do you think that the doctor, Mr. Wiltshire, gave me cod liver oil for it? A. It was the most suitable medicine for it; it is almost invariably given in cases of phthisis.
Patrick Conner's Defence. I left the girl in bed with the little baby in the morning; I told her to get up, and go and sell my hat to get some victuals; she would not: I was called down stairs, and a little girl brought me a pair of boots to mend, which I was to get 10d. for; I went out to get the stuff to do them with, and happened to meet a woman I knew, who gave us a pot or two of beer.
Johanna Conner Defence. When I went out that day I left the baby in the care of the girl, as I always did; she is old enough; I told her to get up and dress the child, and do up the place—I went out, and took a plum pudding card which I had paid 3d. on, which somebody was going to give me 18d. for, and a bit of arrowroot for the child; it would take nothing else; I gave it everything I could; Mrs. Spillan told me if I made up some oatmeal it would eat it, and I did for a few days, with batter and sugar; she took very little, and then would have no more—it would take nothing but drink, and as fast as she took it, it went through her, and the medicine the same; I have reared six children, and I do not know the month after Christmas that I shall be confined with another; I have beer
a hard working faithful mother, and have neglected myself for the children; I have been five weeks in prison, and have not deserved half of it.
PATRICK CONNER— GUILTY
JOHANNA CONNER— GUILTY .
Confined Nine Months
MESSRS. PAYNE and WOOLLETT conducted the Prosecution.
ROBERT WILLIAM THORNDYKE . I am a lighterman, and live at Rother hithe. On Wednesday night, 26th Oct., about a quarter or twenty minutes after 8 o'clock, I was bringing two barges into the Commercial Dock, a ballast lighter was coming in before me—the dock gateman was assisting in hauling it in, and the people belonging to the lighter as well—when a barge is coming behind one that is being hauled out, it is usual for the gateman to give a rope, or for the barges astern to lay hold of the head most barge with their boat hooks to be towed out along with them—the barge I was in was, I should say, about twelve feet from the ballast lighter—that would enable me to lay hold with a boat hook—I did so—the prisoner was on board the ballast lighter—the captain of the lighter told me to let go—I told him my holding on made no difference to him as the gateman was pulling the lighter into the dock—the prisoner then called out, "Let go there will you?"—I made him no answer, but still kept hold—he then walked aft from the forward part of the lighter, and told me to let go—I unhooked my boat hook and laid it on the lighter, and I said to him, "It makes no difference to you about my holding on; the gateman is hauling you in the dock, ain't he?"—he replied, "Never mind, let go?—I was standing in the barge's head sheets—while this was taking place the lighter was going ahead—the prisoner took a short staff that he had in his hand, and knocked the hook of my boat hook over board, I was holding the other end in my hand—while I was talking to the prisoner, the lighter was going out of my reach—I immediately jumped up to the barge's head to lay hold of the lighter again, and the prisoner took up the hook and said, "I will knock your by eye out"—I turned myself round in the barge's sheets when the hitcher struck me in the right ear—the handle of it was about eight feet long—I was about fourteen feet off at the time I was struck—it must have been thrown at me, it could not have reached me without—I had on this southwester at the time (produced), and here is the hole right through—it went right through that into my neck—I bled a great deal, and I told the prisoner he had cut my head open—he said, That is the way to settle you"—my barge was brought to, and I was taken out and taken home—I was under medical treatment for a month—I had done nothing more to the prisoner than I have stated, hooking on to his lighter to pull my barge in—that would not have delayed his progress in the least, it is the usual custom in the docks.
Cross-examined by MR. GIFFARD. Q. Was it dark at the time this happened? A. Yes; quite dark—in the first instance I hooked on to the lighter's washboard, I could not see exactly whether it was the gunwale or washboard, as it was dark—I was not within above ten or twelve feet of it—my hook was fifteen feet long, I was hanging on the whole length of it—the prisoner did not knock the pole of the boat hook out of my hand, he knocked the hook part off, and it fell overboard, I held the other end in
my hand—when the lighter was going out of my reach I jumped up on the barge's head sheets, and took up the pole in my hand to hook on to the lighter again—I hooked on to the lighter again, I could not see very well as it was very dark—I will undertake to say that I did not hit the prisoner with it; if I had hit anything with the staff I should have felt it—I hooked it gently—I was in a little bit of a hurry in doing it, because the lighter was going away from me; but we can tell within a few inches where the staff will lay hold, when we have it in our hand—I am satisfied that I did not touch the prisoner with it—I could not see his boat hook come at me, because when I saw him take it up I turned my back to it, so that my back might receive the blow—I did not see him throw it—at the time I was struck I had let go—I am sure that the prisoner's lighter was being assisted out of the dock, the people belonging to the dock were doing it; William Sells was one—it is a mystery where the hook is with which the injury was done, I should say it was about eight feet long; I saw it as he held it up in his hand—he stood rather higher than me, a trifle higher, about eighteen inches I should think—the lighter was close to the quay, the gateman had hold of it.
MR. WOOLLETT. Q. Could you distinctly see the prisoner? A. Yes, and he could distinctly see me—there are gas lights about there—there is one at the entrance of the gate—I think my boat hook fell overboard; I will not be sure.
WILLIAM SELLS . I am a gate constable at the Commercial Dock. On 26th Oct., about 8 o'clock in the evening, I was standing close to the ballast lighter—the prisoner was on board the lighter—the prosecutor was in the barge—I was assisting in hauling the lighter into the dock—the prisoner is not the captain of the lighter, he is a working man—I did not see the injury inflicted—my attention was first called by hearing the prosecutor groaning—I asked him what was the matter—the prisoner was on board the lighter; he might not have heard me—the prosecutor made a complaint to me—I saw a wound on his neck, under his right ear—it was such a wound as a boat hook would make—it went through his southwester—in consequence of information I received, I went on board the lighter, where the prisoner was, and took him into custody—he said he was very sorry for what he had done—he made no complaint to me of having been struck by the prosecutor.
Cross-examined. Q. Who was assisting the lighter into the dock? A. I was lending assistance, and other men were hauling it—I could not say exactly who they were—I was the only person belonging to the dock assisting—it is the practice when the dock hauls a lighter in, for other lighters to hook on, but not when the people of the lighter haul it themselves—I was lending assistance to haul the lighter in.
GEORGE JAMES TAYLOR . I am a lighterman, and live at No. 89, Princes-road, Bermondsey. I had a lighter to shove in at this time—I stepped out of my lighter into Thorndyke's, to get to other lighters that I had, and then back again—he had hold of the ballast lighter with his staff—about a minute after I had returned to my own craft, I heard Thorndyke halloo out, "I am struck; he has run it into me"—a second or two after I heard the prisoner say, "That is how all such fellows as you ought to be served; I wish it had cut your b—y eye out."
Cross-examined. Q. Do you mean to swear that the phrase was, "He has run it into me?" A. "Run it into me" or "struck me," one or the other—it was not, "It has gone to me"—I swear that was not said in my
hearing—I do not recollect ever saying so—I heard the captain of the lighter, or the prisoner, tell the prosecutor to leave go, I could not say which it was—I did not bear the prisoner gay he would knock the prosecutor' b—y eye out—he said afterwards, "I wish it had knocked your b—y eye out"—I am certain he said that—the whole transaction did not take above ten minutes.
MR. WOOLLETT. Q. Have you any unkind feeling towards the prisoner? A. No, I do not know him.
SAMUEL TILLET . I am a surgeon, and reside in Paradise-row, Rotherhithe I was called to attend the prosecutor on 26th Oct.—I found a wound in his neck, which had evidently been inflicted by a blunt instrument it was about three quarters of an inch long, and three quarters of an inch deep—it was then bleeding—I sewed it up—it was a gaping wound, which required a suture—it was just beneath the ear—it did not involve life, but there were inflammatory symptoms for a fortnight; there was the possibility of erysipelas—an instrument of the kind produced might inflict such a wound.
(The prisoner received a good character.)
GUILTY of unlawfully wounding. Recommended to mercy by the Jury.— To enter into his own recognizance in 50L, to appear and receive judgment when called upon.
MR. WOOLLETT conducted the Prosecution.
WILLIAM LAKE . I live at No. 34, Webber-street, Blackfriars-road. On Saturday night, 8th Oct., about half past 10 or a quarter to 11 o'clock, I was walking along Oakley-street—I turned into Kynaston-street for a necessary purpose, and while there the prisoner came behind me, put his hand over my mouth and his arms round my neck, and squeezed my neck so tight that I could not speak; I could only make a sort of gurgling noise—he had a companion that came in front of me, and snatched my chain away from my watch, endeavouring to get my watch at the same time, but the swivel gave way, and broke the chain from it—I happened to have an old satin waistcoat on; the pocket had been mended more in one part than another, and the watch had got tight down in the corner, and that saved it—I made an effort to release myself by endeavouring to throw up my legs and fall to the ground; by that the prisoner lost his purchase, and I got my voice so as to sing out, "Murder! Thieves!"—at the same time, I had the presence of mind to catch hold of the prisoner's coat tail—I held him by it till he struck me in the mouth and loosed himself from me, and walked away—I was on my legs in an instant; my hat was off but I never stopped for that—I followed the prisoner, and never lost sight of him—before he had got much more than fifteen yards I caught hold of him—just before I caught hold of him, his companion ran to the left into the Westminster road, and the prisoner was just about starting when I caught hold of his coat—they had both walked together straight out of the street—there was no thoroughfare in the street I was attacked in, and there was no one in the street but myself, the prisoner, and his companion—it was about the middle of Oakley-street where I caught hold of him—there were no persons passing, right or left—there were three or four persons on the pavement opposite, but he had never reached them; in fact, I never lost sight of him—just as I had got hold of him the policeman came up, and I immediately
charged him with stealing my chain, bat I knew he had not got the chain; the man that ran away had the chain—it was a gold one, worth about two guineas—I am positive the prisoner is the man; there were no others but him and his companion—they walked deliberately out of the street, and I I after them—I was never, at any time, more than ten yards behind him, and from the place of the attack to where I caught hold of his coat was about fifteen yards, or a little more.
Cross-examined by MR. GIFFARD Q. You say they walked deliberately out of the street? A. Yes; that was after it was over—they gave me a knock on the head—I had never known the prisoner before—the place where I went to for a necessary purpose, was just at the corner of the street; there was a beer shop window close by, with a gas light in it—the prisoner was taken in the middle of Oakley-street—I should know his companion if I were to see him—I have not been able to trace him—I had an opportunity of looking at him; he was in front of me; the prisoner was behind me—the whole transaction did not take above two minutes.
MR. WOOLLETT. Q. Which was it that struck yon? A. The prisoner—I had a good opportunity then of observing him.
JESSE DAY (policeman, L 168). On 8th Oct., about a quarter to 11 o'clock at night, I was on duty in Johanna-street Oakley-street, that is, directly opposite Kynaston-street—I saw two persons standing at the end of Charles-street and Johanna-street—I heard a noise behind me; I immediately turned round, and heard some man sing out "Police! Murder!—I made my way towards him, and, as I started, I saw three men come out of Kynaston-street—it was dark down where the noise was—I could not see them when I first heard the noise; they came out of Kynaston-street into Oakley-street—one of those three men was the prosecutor—I hastened down as fast as I could into the street that I saw them come into, and when I got there, the prosecutor had got the prisoner by the flap of his coat, I went up and took him into custody—the prosecutor charged him with assaulting him, and robbing him of a gold curb chain—the prisoner said he did not know anything about it; he did not know what he was talking about; he was merely walking along the street.
Cross-examined. Q. He offered to go to the station, did he not? A. Yes; he said he was willing to go to the station—I found on him 2d. and some halfpence, but nothing connected with this charge.
MR. WOOLLETT. Q. What became of the other man? A. I did not see the other man when I took the prisoner into custody—when they came out of Kynaston-street and crossed into Oakley-street, the corner house of the, street took off my sight, and I fort sight of them.
MR. GIFFARD. Q. The corner house, then, concealed the last man of the three from you? A. It concealed the whole of them for about a minute; or not so much, for about half a minute, perhaps—I saw two men and the prosecutor come in a direction from the noise—they were just starting into a run; they had not had time to run from where they came—they were hurrying along, all three of them, but not exactly running, or walking—there might be seven or eight yards space between the three—they did not turn into the street, they crossed the road—there were very few other persons in the street at the time, there was a female or two on the opposite side—I heard some female say, "That is not the man"—that was when I had the prisoner in custody—I have ascertained where the prisoner lives, No. 8, Smith-street, Walworth—he was not going in the direction of his home, but the reverse way—I am sure of that.
MR. WOOLLETT. Q. I suppose this female did not give evidence before the Magistrate? A. Oh, no, she did not appear.
WILLIAM LAKE (re-examined). I did not see either of the persons who robbed me before I was seized—the first thing that happened to me was the putting the hand over my mouth—that was done by the prisoner from behind; he then put his aim round my neck—he was still behind me; up to that time I had not seen him—I then made a struggle, and fell, and caught hold of the tail of his coat—he then turned and struck me in the mouth, and then I saw him—he got away from me, but was never at any time further from me than I am from his Lordship—it happened close by the gas light—I am rare I saw his features while I had hold of the tail of his coat—I fancy the reason they did not run was because I made such a terrible noise, crying "Murder!" and "Thieves!"—it was the other man who was in front of me; I only caught sight of the prisoner as I fell—I knew nothing at all of him before—I have since heard that his father has been a respectable brewer at Stourbridge.
GUILTY . Aged 29.— Five Years Penal Servitude.
Before Mr. Common Serjeant.
PLEADED GUILTY . Aged 22.— Confined Six Months.
PLEADED GUILTY . Aged 22.— Confined Twelve Months.
115. JOHN PAUL , burglariously breaking and entering the dwelling house of John Underwood, and stealing therein 1 carpet bag, 3 shirts, 1 shirt front, 3 collars, 3 handkerchiefs, 2 boots, and 1 concertina; his property.
MR. REED conducted the Prosecution.
JOHN UNDERWOOD . I am a leather salesman, of Willow-walk, in the parish of Bermondsey. On 31st Oct. I went to bed, but did not see to the fastenings myself—I came down next morning, about a quarter to 6 o'clock, and found the bottom sash of the kitchen window open sixteen or eighteen inches, and the washhouse door wide open—I examined the window, a pen knife had been passed between the sashes, and the bolt pushed back—both the frames had marks on them—I missed a pair of boots of mine from the kitchen, where I had left them the night before—I looked at my watch when I came down, and will swear it was before 6 o'clock.
MATILDA UNDERWOOD . I am the daughter of the last witness. On the evening of 31st Oct., before going to bed, I fastened the kitchen window with a catch—there was a carpet bag in the kitchen, containing three shirts, three collars, a shirt front, and a pair of stockings—I missed it the next morning—these are the things (produced)—I know this shirt front, because one of the strings was sewn on with drab cotton, just before I put it into the bag—this collar is my brother's, and was in the bag—there is no mark on it, but I know it by its general appearance, the material, pattern, and the way in which it was sewn—I did not make it, but I know who did—my brother has others of the same description—I do not distinctly swear to it, because hundreds might be just like it—I also missed the carpet bag and a concertina, which was on a chair in the kitchen the night before—there was a jagging on the window catch, and the side of the sash was split—the back door was secure when I went to bed, shortly after 11 o'clock—these things are worth 12d. or 13d.—I was the last person up—it is a sash window, and I urn quite sure that it was catched.
OTHO HENRY STEED (police inspector, M). On 2nd Nov., from information I received, I went to Maidstone Gaol, where the prisoner had been committed on Nov. 1st, but not on this charge—I examined him in the cell, and found this shirt front and collar on him—I asked him to take them off, and he did so—I said I should take possession of them, because I believed them to be part of the property stolen from a house in Willow-walk, Bermondsey, broken open on the 31st, and that I suspected him of doing it—he said, "I have had this shirt front four months"—I had a pattern collar which I held to this, and said, "I do not think you have had this four months"—he said, "I have had the shirt front more than four months, but I have not had the shirt collar so long—this handkerchief is of the same pattern; he had a bird in it at the police court.
Prisoner. Q. I told you at the police court that it was not that front I meant, another front was produced there? Witness. A constable of the R division produced another shirt front, found at your lodging, and you then paid you had made a mistake, and thought you were speaking of that.
GUILTY . ** Aged 17.— Four Years' Penal Servitude.
(There was another indictment against the prisoner.)
MESSRS. BALLANTINE and ROBINSON conducted the Prosecution.
HENRY CAREY TOMPKINS . I am foreman to Mr. Thomas Hammond, a glove manufacturer, of Yeovil On 21st Aug. I delivered seventy-five dozen gloves to one of Wimberley the carrier's men; they were packed in fifteen boxes, which were put into a basket—the parcel was to go to Dorchester, and thence by South Western Railway to London—these (produced) are part of the gloves I so packed, to the best of my belief; and this is the basket in which they were packed, and these are some of the boxes; I can identify the writing on them—the basket was tied down with three or four strings, and was worth 31l. 10d.
RICHARD HINE MING . I am a clerk in the carriers' department of the London and South Western Railway, at Nine Elms. On 26th Aug. twenty six packages arrived there from Dorchester, from Wimberley the carrier; they were to be delivered to Thomas Skinner, of the New Inn, Old Bailey—I have the bill of parcels; the packages were put on the platform at the end of the stage near the window, just by the basket, I have every reason to believe—I saw them last on the Saturday afternoon, and I missed them on the Monday morning—Skinner made application for four baskets, but one was missing, and three only were delivered to him—from information I received on the Monday, I went to a field near the goods station, to some premises belonging to Mr. Godstone, and in a hedge there by the side of the rail, I found this hamper, it had the paper boxes in it, and they were wet; the gloves had been taken out of them—the prisoner was a porter in the Company's service, and was employed specially on the platform—he would know the glove hampers because we have them up daily, sometimes twenty, and sometimes thirty, and particularly by their being directed to Skinner, of the Old Bailey—on Sunday night, 30th Aug., the prisoner applied to me for leave of absence on Tuesday morning, and I gave him leave for from 10 minutes past 9 o'clock in the morning till 6 in the evening, and he was absent the entire time—he would leave on the Saturday, when the work
was competed—the gates would be closed; they bolt inside—I left duty on that Saturday night at 15 minutes before 10 o'clock (looking at a book.)
Cross-examined by MR. DEARSLEY. Q. There is nothing unusual in the man getting leave occasionally? A. No.
EDWARD LINDSAY . I live at No. 14, Mill-street, South Lambeth About March last I used to work as a carrier, which took me to the South Western Railway—I have not been in regular employment—I know James Wade, who has been convicted at the Surrey Sessions—I had not given information against him—I had known him for some years—soon after Christmas last the prisoner came to lodge with me, and he remained till some time in Aug.—I had not myself any knowledge of the premises of the South Western Railway, or of the goods there; but one Sunday morning in Aug. I was down in the kitchen, and the prisoner told me to come out in the garden to him; and he said there was a good thing which we might do in the evening—I asked him what it was—he told me it was a parcel which he had got all to rights, on the Company's premises, and might easily be got out at night—I would not go with him, and in the afternoon he came down again about 2 or 3 o'clock, and asked me if I had made up my mind whether I would go—I hesitated about it for some time, not knowing what to do, and at last I arranged that I would go—he remained at the top part of the house, and about 7 o'clock in the evening he came down, and asked about how it should be got, and I inquired if there was a policeman there; he said there was not—I had a carpet bag, and he said that would be the best thing we could take, and we arranged to take it—we left the house at a little after 8 o'clock; we went up the Wandsworth-road, into a field over at the back of Mr. Godstone's house, and crossed the line to the warehouse—(I am married; I saw my wife not a minute before I left home, and she knew we were going out together but I do not know whether she saw us leave the door exactly)—we got to the premises about 20 minutes before 9 o'clock, and the prisoner got under the warehouse door, leading out of the Wandsworth-road—there was just room for him to get under—he then opened the door, and gave me this basket to take away—I have no doubt that this is it—I took it a little distance, and he stopped and fastened up the place, and came away to me—we unpacked the basket in a field very near Mr. Godstone's house about 200 yards from the warehouse; it contained fifty-three dozen pairs of gloves—we put them into this carpet bag; put the boxes back into the hamper, and the prisoner took it away some distance—he was four or five minutes gone, and said he had thrown it in a pond or a ditch, and that it was in the water—I did not see where he threw it—we went down the Wandsworth-road, as far as the Goats public house—Wade had not appeared in the matter at all—I then went away to Mile-street with the bag, and the prisoner went into the public house—I put the bag into a place like a little dust hole at our front door, and then went back to the public house, and found the prisoner and three or four other people in the parlour; there were one or two of the company's servants there, and several men—Header was there—we remained till nearly 11 o'clock, I and then went home, went indoors, and then out into the garden—I fetched the bag, and took it indoors, so that his wife and my wife knew nothing of it—I locked it up in the front room for the night, and in the morning, at half past 5 o'clock, the prisoner came down—I got up—we opened the bag, and counted fifty-three dozen pairs of gloves—we packed them up into the bag, and put them od one side—I arranged with the
prisoner to go to London, to see if I could find anybody to sell them to—I met Wade at the top of the Old Bailey, and was talking to him about it—he ultimately received the goods from my door, on the Tuesday, at 10 or 11 o'clock in the morning—I saw the prisoner on the Tuesday morning, about 9 o'clock—when I went away in the morning I left the bag in the bedroom, desiring my wife that, if "Wade came, it should be delivered to him—I had seen Wade before—he came, by arrangement, between 8 and 9 o'clock, and the prisoner came down into the kitchen, and the three of us were together—I do not think my wife saw us together; she was in the front kitchen, getting the breakfast for the children, but she heard us—we got nothing for the gloves—Wade said he knew a person who would buy them, but I believe he was stopped trying to get rid of them—I went into the other room, to have some breakfast, and after that we went into the Goats public-house, and Wade went up to the house and fetched the bag.
Cross-examined. Q. How far is your house from the railway? A. Between 300 and 400 yards—the time the prisoner came home to dinner varied very much, and I think his tea was ruled' in the same way—he used not to be at my house during the day, when his week for work was on.
JAMES WADE . I am a prisoner, at Wandsworth I was tried some time since—I recollect meeting Lindsay on a Monday in August, and an arrangement was made, in consequence of which I went to his house next morning (there was no reward offered then)—I saw the prisoner there, and some conversation took place between him and me and Lindsay, with reference to the gloves—I afterwards took them away, and was taken into custody—I was not tried, I pleaded Guilty, on being arraigned; and when I was in Horsemonger-lane, before I was committed, I gave information upon this matter to the officer.
MARY LINDSAY . (MR. DEARSLEY objected to this witness being examined, on the ground that as a husband and wife must be considered as one, the confirmation of a husband by his wife would be no confirmation at all, as had been decided by Mr. Baron Parke, and reported in 7 Carrington and Payne; also in Roscoe's Criminal Evidence the law was laid down to the same effect The COURT having consulted, Mr. Justice Talfourd was clearly of opinion that the evidence was admissible.)—I am the wife of the witness, Lindsay. The prisoner lodged at our house for a few months—I know Wade, and recollect his coming to our house on a Tuesday—on the Sunday evening before that, the prisoner asked my husband to go out with him—he went; I do not know the time, it was after tea—I do not recollect what time I saw my husband again that night; I did not see the prisoner that night—I do not think they came home before I went to bed—I recollect giving this bag to Wade; I cannot exactly say on what day; it was after breakfast—I had seen the prisoner, I think, about breakfast time; he was in the back kitchen with my husband—I did not see Wade then—my husband and the prisoner did not remain long in the back kitchen; they were talking together, I heard voices—Wade was in the back kitchen at that time—I know his voice, and heard it; I had never seen him there before, but I knew him before—I do not know what became of Wade or the prisoner, but I and my husband and the seven children had breakfast together—I saw Wade between breakfast and dinner, and gave him the bag, and he took it away—I knew nothing of the contents of it, or of the robbery which had been committed.
Cross-examined. Q. Were your husband and the prisoner on pretty
friendly terms? A. Yes; I cannot say that they have been out together before, but I think they have—the prisoner could come in at the yard gate, and I not hear him—he generally came home to his meals—I do not think he came home at other times; I do not undertake to say for certain—Wade had been in the house some months before; I should say it was eight or ten months previously—any one might come in, and I not see them; I was engaged with my family in other apartments, and in work about the house—I do not know that my husband and Wade have been on friendly terms some time—I have not sometimes seen them together out of the house; I swear that solemnly.
STEPHEN READER . I am a porter, at the Nine Elms station, and was so in Aug. last. On Sunday, 28th Aug., I was at the Goats' Head about 9 o'clock, and saw the prisoner and Lindsay there—they were there when I went in, and they remained some little time—there were ten or a dozen persons there.
Cross-examined. Q. This is a public house, near the railway station? A. Yes; it is about 200 yards from the station—it is used by most of the railway porters and persons engaged on the railway—I have often seen the prisoner and Lindsay there before, and I have frequently seen Wade outside.
FREDERICK SHAW (police inspector.) I stopped Wade, with the goods on him; I afterwards took Lindsay, who made a statement to me, in consequence of which I apprehended the prisoner, and told him he was charged with a man named Lindsay, with having stolen, on 28th Aug., from the goods station, Nine Elms, seventy-five dozens of gloves, the property of the South Western Railway Company—he said, "Very well.
CHARLES STANLEY . I was employed on the South Western Railway, and know the state of the gates on 28th Aug.—there would not be room generally for a person to get under the gates when they were fastened, but if there was a piece broken off the bottom there would be.
(MR. DEARSLEY wished to take the opinion of the Court whether there was such confirmation of the accomplices as that the case should be left to the Jury, the decisions upon the subject going to show that the confirmation must be something which would connect the prisoner with the robbery. The COURT inquired whether there was any evidence to show the property safe after the Saturday afternoon. MR. BALLANTINE replied that there was not; but contended, from the evidence, that there was sufficient confirmation of the two accomplices. The COURT considered that there was not sufficient confirmation of the accomplices, and that they could not be relied upon alone for confirmation; that there was no evidence but theirs to show when he robbery was committed, and that it might have been committed on the Saturday night or on the Sunday, but that Lindsay might think it best to fix upon a time when he was seen out with the prisoner. Upon this, MR. BALLANTINE withdrew the case from the consideration of the Jury.)
NOT GUILTY .
ADJOURNED TO MONDAY, DECEMBER 12TH, 1853.