CENTRAL CRIMINAL COURT.
SIDNEY MAYOR. SECOND 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, December 12th, 1853.
PRESENT—The Right Hon. the LORD MAYOR; Mr. RECORDER; Mr. Ald SALOMONS; Mr. Ald. FINNIS SIR ROBERT WALTER CARDEN, Knt., Ald.; and Mr. Ald. CARTER.
Before Mr. Recorder and the First Jury.
(The defendant Crutchley did not appear at the commencement of the cast, but afterwards arrived in custody of an officer of the Queen's Bench Prison. MR. BALLANTINE did not call upon him to surrender, and the trial was proceeded with against Morton alone.)
MESSRS. BALLANTINE and ROBINSON conducted the Prosecution.
CAROLINE BURTON . I am the wife of Thomas Jones Burton; I was married to him in Feb., 1853; before that my name was Onslow. I reside in Gloucester-place, Portman-square—early in 1852 I was introduced by a person of the name of Stanborough to Frederick Crutchley—about that time there was a loan from me of 20l. to either Crutchley or Stanborough; I lent 18l. to receive 20l.—it was either to Crutchley or Stanborough; it was a joint concern—a bill was given to me for the amount—previously to that bill becoming due, I saw Crutchley on the subject; that was very shortly after the loan of the 20l.—on that occasion Crutchley produced to me another bill for 300l.; that was accepted by a Mrs. Nash—(The witness being asked what Crutchley said on that occasion, MR. RIBTON objected to any thing that passed between Crutchley and the witness, until the prisoner was shown to be in some way connected with the transaction. The objection was allowed)—after the 300l. bill there was an offer of another bill to me by Crutchley; that bill was for 1,000l.—it was made by one Rawson, in favour of a Mr. Wright—it was a promissory note—Crutchley referred me to a
person who was well acquainted with Wright—upon that I went with Crutchley to see that person; I said I could not advance so large a sum without knowing that Mr. Wright was a man of property, and able to pay so large a sum—when I got to the place, I was introduced to the prisoner by Crutchley—I had some conversation with the prisoner with reference to Wright.
Q. Now then, you may tell us what Crutchley said to you about that 1,000l. bill, and what he said about Wright before you went to the place to see Morton? A. I said I certainly could not lend so large a sum without knowing that Mr. Wright was a respectable man, and a man of fortune and able to pay it; and he said, You had better see a friend of his—he said that Mr. Wright's property was in Northumberland; that it was a very fine property; he told me the name of the place, but I forget it; it was some court in Northumberland.
MR. RIBTON. Q. What is that in your hand (The witness was referring to a paper)? A. What I wrote down myself; I wrote it before I appeared before the Magistrate—I shall remember perfectly well without it, only I get agitated, this pains me very much—(The witness was directed to put the paper aside).
MR. ROBINSON. Q. When Crutchley said he would introduce you to a friend of Wright's, what took place? A. I went with him and Stanborough in a cab; it was to a large hotel; I cannot exactly say where—I believe it was either in Holborn or Berners-street, but I really did not look out; I was in conversation all the time—when we got to the hotel, Mr. Crutchley asked whether Mr. Gray or Grake was there; it was one of those names, I cannot tell which; I am quite sure it was not Morton—the answer was that he was there—I was shown up stairs into a very good room, and was there introduced to Mr. Gray or Grake; that was the prisoner Morton.
COURT. Q. Who were you introduced by? A. Mr. Crutchley did not go up stairs with me; he said, You had better go alone, and then you can ask whatever questions you please.
MR. ROBINSON. Q. so you did go into the room alone? A. Yes; I was shown up by a waiter into the room, where Mr. Morton was seated at a table, with a bag before him full of papers, as if it was a lawyer's bag—I said that I had come to inquire about a Mr. Wright, who lived in Northumberland; whether he was a man of fortune, and a respectable man—he replied that he was a highly respectable man, a man of large fortune and large landed property; that he was a near neighbour of his, and he knew him well—he told me the name of the place he lived at, but I could not at this time tell you the name if I was to die for it; I am apt to forget names, but if you will mention a number of names I will tell you which it was—it was the same name that had been mentioned to me by Crutchley—(MR. RIBTON did not object to the name being suggested to the witness).
Q. Was it Whitley-Court? A. That was the name; I frequently forget names—I told the prisoner the reason why I was making these inquiries—I told him I held a promissory note to the amount of 1,000l., and that I did not wish to lend so large a sum; I had never been in the habit of doing anything of the kind, and I should be very sorry to do it unless I was quit sure it was safe—he said, You may depend upon it, your money is quite safe; because he is a man of large fortune, and a highly respectable man—while I was talking to Morton, Crutchley came in; he said, "Are you satisfied with what you have heard?—I said, Certainly; this gentleman speaks very highly of him; it appears to be all right, he gives a very good account of him; he says he is a very respectable man, and a man of large property."
COURT. Q. You said that to Crutchley? A. Yes; I said, This gentleman has spoken very highly of Mr. Wright; he has said he is a very respectable man, and a man of large landed property, and that my 1,000l. ill be quite safe—the prisoner repeated before Mr. Crutchley all that he had said to me.
MR. ROBINSON. Q. Upon that did you discount this 1,00021 bill? A. Yes; I had previously discounted a 300l. bill for Mr. Crutchley; that was a bill of Mrs. Nash's—when I had the 300l. bill I gave back the 20l. bill that I had received before, and I gave, as near as I can recollect, about 270l. in cash—I gave that to Crutchley—for the 1,000l. bill I gave back the 300£ bill and about 550l. besides—I went with Crutchley in a cab to Childs; the bankers, and drew out money that was there of mine to the amount of 378l., and he had, I should say, as nearly all as possible of that; I have Child's paper to say that that was on 13th May—I received no discount, it was deducted from the amount; in fact, they were to pay me 1,000l., and I did not give to the amount of 1,000l.—I gave the 300l. bill and the money I drew from Child's—I have told you that was 378l., but I gave money besides; that was not all that I paid for the 1,000l. bill—I cannot tell how much altogether I paid for the 1,000l. bill, I am so puzzled and agitated—I have got it written down, and you will not let me look at it.
COURT. Q. Did you make a memorandum at the time? A. I did; I wrote it in a little account book; I have not got that here, but I have a I paper that I copied from it—(MR. RIBTON did not object to the witness referring to the paper)—I see the money I paid for the 1,000l. bill was 670l. that was besides the 300l. bill—there was a deduction of 30l. for discount.
Q. What induced you to advance that money; what induced you to discount that bill? A. Because I was told it would be very profitable for me that I should do it; and I was told that I should certainly have back the money in Oct. from Wright—I believed the statements that were made to me by Crutchley and Morton, respecting Wright; it was on the faith of those representations that I parted with the money—I had asked to see Mr. I Wright, and Crutchley told me that Mr. Wright did not like to have any business with ladies—the 1,000l. bill was paid in May, it was on 13th May that I went to Childs to get the money out—about June, Crutchley came to me respecting a bill for 2,000l.; I perfectly recollect all about that, because I have got it written down on a piece of paper—lie said that I had better change the 1,000l. into 2,000l., which I did—Col Bulkeley's name was to that bill—I said I knew something of Col. Bulkeley, that I believed he was a gentlemanlike man, but that I never heard he was a man of fortune; upon which Crutchley said, Oh, yes! he is a man of very good fortune—Wright's name was also on that bill; I believe Mr. Wright was the drawer, and Col Bulkeley the acceptor.
Q. What was said about Wright by Crutchley on this occasion % A. Only the same as was said before; I had received satisfactory information about Mr. Wright from his friend and neighbour in Northumberland; it was that induced me to take the 2,000l. bill—I advanced 700l. more on that 2,000l. bill; that was in cash, and I gave up the 1,000l. bill—about the end of Aug. Crutchley came to me again, and proposed that I should have all these bills back, and that they should be converted into a bond—he said it was much more secure because it would be upon Mr. Wright's landed property, this large property in Northumberland—the amount of the bond was to be 2,600l.; the 600l. was to be added, because I was to advance 600l. more.
COURT. Q. You were to retain 300l. for discount, then? A. Yes; I have not got one penny.
MR. ROBINSON. Q. Were you in the habit of discounting bills before you knew Crutchley? A. Never in my whole life, and to nobody else but to him and Stanborough, though Mr. Parry wad kind enough to say that I was—when I say I have never done it, allow me to say that I have occasionally lent sums of money to friends, and they have given me a bill to acknowledge it, but without any interest whatever; I never attempted to make my fortune by it—a bond was shown to me—that was at Mr. Boucher's. a solicitor, in Guildhall Chambers—Mr. Crutchley desired I would meet him there to see this bond—I did meet him there—this is the bond (produced)—it is a bond from Wright to Crutchley—upon hearing it read, objected to that—I said, How extraordinary that it should not be to me—Crutchley said it was of no consequence, it was equally safe, and that Mr. Wright did not like to have anything to do with ladies in his business—Mr. Boucher was present at this time—I was to give a part of that additional 600l.; I cannot say the exact sum I gave, but it was somewhere about 300l. or 400l.—that was to be advanced in addition—I was of course to give up the 2,000l. bill; I could not make up the 600l., and Mr. Crutchley took the remainder upon himself—it might not be quite so much as I say, but I advanced a large sum, and Mr. Crutchley was to make up the remainder to 2,600l.—he said he would advance the rest to Mr. Wright.
Q. By this bond it appears that the money is to be repaid in 1855; was anything said by you to Crutchley, or by Crutchley to you upon that? A. Yes; I said it was extremely inconvenient to me to wait beyond Oct.—he said, well, he hoped it might be paid in Oct., but at all events it would not remain till 1855, and that I was to receive five per cent, interest upon it; and on my urging him very much to say when I should receive it, he did fix that I should be paid on 18th Feb., at least a day in Feb. in 1853; so upon my marriage I said to him before I left, I hope the money will be ready for me by that time, because I shall want it; I shall want money, we are going to furnish a house—he then said I should have it on 18th Feb., 1853—the 2,000l. bill was given up to Crutchley—some time after that Crutchley came to me and wished me to purchase his share in this bond—I could not pay him the money, I had not got it; but he said if I would give him a bill for 150l. I should have his share of it, which was 200l.; I gave him a bill for 150l., and that has been met since my marriage—there was also another bill given which does not relate to this affair—I have made frequent application to Crutchley for the money that I advanced—he told me the last thing before we went to Paris, that I should be sure to have my money when I came back, that it should be all paid on 18th Feb., 1853—after my return from abroad, when I asked him for the money, he said he had not got it for me, but he had done what was better for me, he had got a fresh bond to me which was for 2,700l.—I said, What for?—he said, Why, because you don't receive your money at the time—the extra 100l. was as interest for that, as I must wait till 1855, when the bond stated—I came back from Paris before 18th Feb.—I was married on 7th Feb.—we Were gone about ten days or a fortnight; we returned, it might be, on 18th or 20th—the fresh bond was in the charge of Mr. Boucher, who gave it up some time ago—Crutchley said it was in Mr. Boucher's charge—this is it (produced)—this is a bond from Mr. Wright to me; I received this bond from Mr. Boucher, he states that I did not pay him his charges for it, but that I do not know anything about, Mr. Burton settled that—I have not got one farthing for what I advanced, nothing but these two bits of parchment.
Cross-examined by MR. RIBTON. Q. Tell me as near as you can recollect
when it wasyousaw the prisoner at this hotel wherever it may hare been? A. I believe it was the beginning of May—I know I saw him, but I cannot swear what day it was—I think it was not in June or July—I know I made an error before in saying I went to him relating to the bond, but upon consideration and looking over my accounts I find that I went to him when I was to receive the first bill of Wright—I own that I made mistake, but I cannot make a mistake that I saw this man, that is the principal thing, that I saw him, and that he verified Mr. Wright being a respectable man; whether I saw him in May, June, July, or Aug., I think can make no difference in a court of justice—I say positively now that it was in May, because I have Childs' paper showing that I received my money from them on 13th May—I have seen him since, when I went to identify him—I did not see him on any other occasion during the negotiation' for these bills—I only saw him for a particular purpose, that he should say Mr. Wright was a highly respectable man, and a person of large fortune—I had never seen him before, to my knowledge—the interview lasted perhaps a quarter of an hour, I cannot say exactly—I was with him a short time, and then Mr. Crutchley came in—I knew Crutchley in the beginning of 1852—I have negotiated several other bills for him besides these bills of Mr. Wright's; I gave him money for them in the same way—I discounted them—they were bills drawn and accepted by other parties, to some considerable amount—I have lost several thousand pounds, to my shame be it spoken; I have never received one farthing back for all; at least, I think I had 20l.—there was a promissory note for 202., which was the commence ment of these transactions—that 20l. was lent to Mr. Stanborough; he told me he was going to take it down to Brighton, to Mr. Crutchley—I gave Mr. Stanborough 18l., taking 2l. for discounts—he told me he was going to take the money to Mr. Crutchley; that was some time before I saw the prisoner, it was not some months before—I think it was in April, and I saw the prisoner in May—I think it was not much earlier in the year; I believe it was about the middle of April—I cannot say how long it was after the 20l. was advanced that Crutchley came to me about the 300l. bill; I cannot tax my memory; I have only told what I believe to be the truth, a plain, unvarnished tale—I have nothing to say against the prisoner, except that I saw him, as I have stated, for a quarter of an hour; that is all I have to say against Mr. Morton; I know nothing of him—it was perhaps a fort night or three weeks after the 20l. bill that Mr. Crutchley came to me about the 300l. bill, but I really do not think that has anything to do with Mr. Morton—if you will allow me to look at my memorandum, I can see the dates; I cannot carry them in my head—(referring to her memorandum) I have not put it down here; I cannot fix the date—when I received the 300l. bill I gave back the 20l. bill, and about 250l. in money; that 300l. bill Woh a bill of Mrs. Nash's; I can tell you all about that, because that was the first bill of any consequence—the 20l. was more of a loan than anything else—Mr. Wright's name was not on the 300l. bill, as far as I can recollect; it was a Mrs. Nash—I was desired to go and see a Miss Bowles, the sister of Admiral Bowles, of Berkeley-square; I went there, and saw her, and she spoke very highly of Mrs. Nash; I found it quite satisfactory—that bill has not been paid; I have received nothing—that bill was given back—it had not expired when I gave it back—I think it was about a three months' bill; I believe it is in existence now; I gave it to Crutchley—I cannot tell what time elapsed between the 300l. bill and the 1,000l.; it might have been a week, or a fortnight, or a month; I cannot say whether it was a month—I
know I had it, and that is all; I have not written it down, and, therefore, cannot say.
Q. Will you undertake positively to swear that you saw the prisoner before you discounted the 1,000l. bill? A. I should say that, to the best of my recollection, I did; that was the reason for seeing him, to know about Mr. Wright; because it was for so large a sum, I did not like to do it before I had seen him—I am quite certain I did not see him at the time of the bond, because I very much objected to its being changed into a bond; I could not understand it, and I asked Crutchley, and Stanborough too.
Q. Can you undertake to swear that it was not on the occasion of the 2,000l. bill that you saw the prisoner for the first time? A. I believe it was before the first bill, but I will not swear it; when I discounted the 1,000l. bill, I gave Crutchley back the 300l. bill, and 670l. in cash—I believe I had only 30l. for discount; I believe so, but, as I said before, to all these things I cannot swear—I thought I was in the hands of a highly respectable young man—Mr. Crutchley always assured me it was all right; that he would not cheat me of a penny; and therefore I was not so particular as I ought to have been—of course I have been very silly and very foolish.
COURT. Q. You said before that you thought you paid the whole, or nearly the whole, of the money that you drew out of Childs'?A. Yes; I will swear that for the 2,000l. bill I gave altogether 1,700l.—I drew out 370l. from Childs' on the occasion of taking the 1,000l. bill.
MR. BALLANTINE. Q. I believe you added some more money? A. Yes; I sold some shares that I had.
MR. RIBTON. Q. Do I understand you to say that for the 2,000l. bill you gave altogether in cash? 1,700l. A. 1 gave 1,700l. for the whole of it altogether—I gave only 1,700l., as far as I have got it written down—the first bond was for 2,600l.—I gave more money for that; I gave, I believe, about 300l. or 400l.; it may not have been so much; I cannot swear to that; and Mr. Crutchley said he would make up the remaining 200l.—he afterwards said he would give me up his share in the bond, that it should be all mine, and I gave him a promissory note for 150l., which Mr. Burton has since met and paid—in addition to Mr. Crutchley's negotiating these bills, I he also took a house of me; I let it to him furnished—I do not know how long he was my tenant; I think for half a year—he was to give me 160l. a year for the house.
MR. BALLANTINE. In fact, I believe you got nothing from Crutchley at all, on any account? A. No, nothing, but 20l.—in all these transactions I should think I am a loser to the extent of 5,000l. or 6,000l.—on the faith of the representations about Mr. Wright I have lost this 2,000l.—as near as possible, I advanced to Mr. Crutchley, in connection with Mr. Wright 2,100l.; but he had more since, because he had the 150l. bill, which has been paid—if I had not supposed Mr. Wright to be the person he was represented to me I should not have advanced that sum of money—if these persons had not told me he was a highly respectable man I should not have advanced the money—I cannot tell the month or the day upon which I saw Morton—I believe I got the money from Childs' to pay the bill for 1,000l.—I should say I had seen Morton before I drew the money from Childs'; I believe so; at all events, it was in my own power; I did not give it away until after I had seen him—I mean to say that when I drew it I need not have given it to Mr. Crutchley, unless I had believed, which I did, from the representations of Morton, that it was all right.
COURT. Q. Do you mean that although you are not sure that you had seen Morton before you drew the money, you are sureyouhad seen him before you paid it over? A. Yes; I firmly believe 1 had seen him, otherwise I should not have given the money to Mr. Crutchley.
MR. BALLANTINE. Q. If I gather your account of the transaction aright, all these bills that were produced to you by Crutchley were taken up before they arrived at maturity? A. Yes, every one with respect to Wright; one bill purported to be accepted by Mrs. Nash; I never saw her—I believe there is such a person from what Miss Bowles told me—I did not learn from Crutchley whether there was a Mrs. Nash.
Q. Since the postponement of this case from last Session, did Mr. Hawke, the person acting as solicitor for Crutchley, come to you; I do not want to know what took place 1 A. Yes, I saw him.
MR. RIBTON. Q. Did you say that Mr. Hawke came to you I A. No; I said I saw him, that was my answer—will you allow me to say how I saw him? I was at a ball on Thursday evening last, at Willis's Booms, and Mr. Hawke was there, and he asked me if I would speak to him for few minutes before I went away.
MR. BALLANTINE. Q. I believe at this ball you were playing whist? A. I was playing whist with him, but I did not know who he was.
COURT. Q. You were playing whist with Mr. Hawke? A. Yes; there was a gentleman playing that I knew very well, and Mr. Hawke joined the party; you cannot ask persons who they are on such occasions.
MR. BALLANTINE. Q. Was it at a public ball at Willis's Booms 9 A. Yes. WILLIAM CLARKE WRIGHT being called upon his recognizance, did not appear.
JAMES GRAHAM LEWIS . I am a solicitor, in partnership with my brothers at Ely-place. We are the solicitors for the prosecution—among the witnesses for the prosecution was one named Wright—I saw him last on Friday, and directed him to be here at 10 o'clock to-day, and he undertook to be so; do not know the reason he is not; to ensure his attendance I paid him his fee beforehand—I received a quantity of letters from him (produced)—I know a person named Hawke—on the first examination Morton only was in custody, but on the second, counsel appeared for Crutchley, who was brought up by habeas; and Mr. Hawke appeared for Morton—I see Hockley, Mr. Lawrence's clerk, here—I have not seen Mr. Hawke here since what took place this morning.
JOHN CHAPMAN . I am a patent agent I was not bound over, or before the Magistrate—I know William Clarke Wright—I do not know what he is—he is certainly not a man of fortune, or a man with landed estates, with a court in Northumberland—I saw him in the Queen's Bench four or five years ago, and have often seen him since; he does not present the appearance of a man of fortune and wealth, he is a very poor man—I have known Morton about twelve months—I think I know his writing.
MR. RIBTON. Q. Have you ever seen him write? A. No; I have seen him write at Mr. Stanbury's, in the book there, on several occasions—he was not writing there as a clerk, he called and wrote in the book that they have in the office to sign their names in—I have seen him sign his name in the book three or four times when I have been looking on—I was employed in Mr. Stanbury's office as clerk five or six weeks.
MR. BALLANTINE. Q. Look at these letters, and tell me whether you believe the body of them to be Morton's handwriting I A. Here are only four with his name in full; I believe those to be his writing, but I cannot
form any belief as to the remainder—this is also his signature (to a pauper from the Bankruptcy Court).
Cross-examined. Q. Will you undertake to swear you ever saw the prisoner write in your life? A. Yes; I have no doubt of it.
(The letters were here read, as follows; W. C. Wright, Esq., No. 14, Windsor terrace, Tower road, Yarmouth. Dear Wright: I received yours of Friday, and am glad to hear you are well; I did not go to Don caster, having business which detained me in town; I have done no good since I left you, but hope to do so shortly; I gave the tickets and the money the other day, and no doubt all is right; I will call and see you on Tuesday; you had better write me by return of post a letter I may show, that the bill on Bulkeley shall be given up, as I do not like to have so heavy a security out, for I wish to get it up for one I can get some money for it, and you are aware the business-like manner which is done by Fred, whom I expect home to-morrow. Call at the Post-office, and ask for letters 'Y. Z.' and forward to me by return of post; I expect there will be some money; you had better come to town for the winter. Signed, W. M.—To Mr. W. C. Wright, No. 14, Windsor-terrace, Tower road, Yarmouth. Signed, W. Morton.—No. 13, Lower Belgrave place, Pimlico. Friday, Oct. 15, 1852. My dear Wright: Mrs. M. received your letter this morning; you must excuse me for not answering your letter, the fact is, Fred, only returned from Paris yesterday, and this day gave me the bill for 2,000l. on Bulkeley, therefore I shall set to work at once, and try and get the cash. Have you any intention of coming to London for the winter? for perhaps if you were on the spot some good might be done There will be no money from the old quarter for some short time I am very sorry to hear of Mrs. W.'illness, and trust she will soon recover, please give my kind respects: I hope to hear from you, and please let me know ifyouintend to winter at Great Yarmouth. P. S. Mrs. M. intends writing to Mrs. Wright.—To W. C. Wright, Esq., No. 14, Windsor-terrace, Tower road, Great Yarmouth. Signed, W. Morton.—Burdon's Hotel, Cripple gate, 31st Jan., 1853. My dear Wright: Fred called here today, and to my surprise gave me a 5l. note, of which I enclose you a post office order for 4l., payable at Yarmouth, to W. C. Wright, made by Mrs. Elizabeth Morton, of No. 6, Bedford place, Pimlico. You must be in town on Wednesday, to meet him at Burdon's Hotel, at half past 3 o'clock, but I wish to see you previous thereto; be in London, if possible, early on Wednesday morning, and we will make arrangements for me to get out at once, and in all probability I will return with you to Great Yarmouth. Be true to me and not afraid. I will stick to you through life, and you shall find me a good friend; for I can have the command of plenty of money at once, and am happy to say without the party we are now serving. P. S. The reason of my sending you 4l., is that I was without a shilling, and could not get any money, but will make it right when in town.—(Upon MR. BALLANTINE proposing to read a portion of another letter,MR. RIBTON objected, it not being shown to be addressed to Wright).
COURT to MR. LEWIS. Q. Was this letter in the envelope when it was handed to you by Wright? A. Yes; I think, as nearly as I can recollect, they were all kept in the envelopes, except two, which went to the station—I believe them to be in the same envelopes; and another reason is this, that there is another letter of the same date, which says, I have written you a second
—(the portion of letter was then read, as follows: early on Monday, for you will then have time to call upon a person, and arrange some business for me, I would rather entrust to you than any one else. Now oblige me in this, and I will do all I can to serve you when out, which I feel confident I can. In the meantime, believe me, faithfully yours, W. MORTON. P. S. You state you are very glad that you are the cause of Fred giving me so many friendly visits. I can assure you it as been a great annoyance to me to bring him here so many times, for it makes him very angry being taken from his business, and you not meeting him, which I assured him you would.)
COURT to MRS. BURTON. Q. What is Crutchley's Christian name? A. Frederick.
JOHN GRAY . I am a superannuated inspector of the Metropolitan Police I have known Morton since 1836—I have seen him write only on two occasions, but a great quantity of his writing has come into my possession—those two occasions were, once when charged with stealing a bill, the property of Mr. Goodman, the late managing man to her late Majesty the Queen Dowager; the second occasion was when I met him near the House of Correction, and gave him my address—he asked me for it, and he entered it in his pocket book there and then—I saw him enter it—I have looked at all these letters, and believe them to be in the handwriting of Morton—I have not the slightest doubt of it.
Cross-examined. Q. you said something about stealing a bill; was he tried for it? A. No; nor was he charged before a Magistrate, as far as my recollection carries me; but he was in custody at Vine-street station, and he has been before a Magistrate—I do not know that it is improper to say that—I answered the question, and it is the truth.
(The letters were then read, as follows: To W. C. Wright, Esq. 26th April, 1852. Dear—In consideration of your handing me Rawson's promissory note, at three months, for 1,000l., made payable to yourself, I undertake to pay you the sum of 40l., on or before the 28th inst., and also to provide payment of said note when due, and to hold you free from all liability thereon. Should it not be negotiated by me as aforesaid, the said promissory note is to be returned to you at once. I am, dear sir, yours truly, W. MORTON—W. C. Wright, Esq., Post-office, Bury St. Edmunds. Oxford-street, 10th June, 1852. Dear Wright,—Mr. Crutchley requested me to ask you to send him another copy of the last, except the amount, which is to be 2,000l., instead of 2,600l. The envelope of the last will do, which he has by him. Send it to him by return of post I will enclose you a stamp in a few days. Yours faithfully, W. M. W. O. Wright, Esq." Post-office, Bury St. Edmunds. Signed, W. M. June 16, 1852. Dear Wright,—I enclose you a stamp, which you will please to draw upon L. Bulkeley, Esq., R. N., for 2,000l., at four months, from 2nd June. His address is Yew-tree House, near Stroud, Gloucestershire. Return it to me, and I will hand it over to Mr. C., after I have got the signature. I think you may calculate upon hearing from, me by Wednesday next—W. O. Wright, Esq., Bury St. Edmunds. Boar and Castle, 19th June, 1852. Dear W.,—I return the bill for your endorsement, which you will please to do, and let me have it on Monday morning; also let the bill be accompanied by a letter to me, requesting me to see my friend Bulkeley, and forwarding you the half of the proceeds, without loss of time, pledging yourself as a gentleman to meet your share when due. You know what I mean. Yours truly, W. M. Burn this note. P. S. He thinks I am your man of business.—W. C Wright, Esq., Post-office, Bury St. Edmunds. Tuesday,
25th June, 1852. My dear Sir,—I see we have made a mistake; therefore please write to Mr. C. another letter, the copy of the first, except RN. to the captain's name; merely say Captain B.; for I find he is a captain in the army, and his agents are Messrs. Colliers, of No. 9, Park-place, St. James's, army agents. Also please, in your letter, name T. Sheed, Esq., of No. 41, Robert-street, Hampstead-road, a gentleman that has known Captain B. for many years, and can give every satisfaction respecting him. Do this, and send the letter up to C., and he will post it on Tuesday, and we shall have the money next week. I would send you some to go on with, but I am hard up, and very ill. W. M.—W. C. Wright, Esq., Post-office, Bury St. Edmunds; over which was written, Yarmouth, Tuesday, 2nd July, 1852. Dear W.,—I have only seen C. this morning, for the first time since he returned from the country. He requested me to write you by this post, and get you to write him a letter, which is to be dated about 12th June, merely stating that in your letter you had made a mistake; that Captain B. was a captain in the army, and that his agents are Messrs. Collier, of Park-place. Also refer for Captain B. to Shed, Esq., of No. 41, Robert-street, Hampstead-road, for believing him to be a gentleman that will give any satisfaction respecting Captain B. I also wish to make it appear that you will faithfully meet the bill yourself, when due, and that the cash, to be of use, must be had at once. Do this by return of post, and rest assured all will come off to our satisfaction, and will soon be in funds. C. would send you some money, but at present is quite without, and I am also. I shall call at the Boar and Castle on Monday, when I shall expect to hear from yon. W. M.—W. C. Wright, Esq., Post-office, Great Yarmouth, Saturday, 3rd July, 1852. Dear W.,—I sent a letter to the Post-office, Bury, yesterday, telling you what I requested you to do. I have only this moment received yours of the 30th June. C. at present is quite without cash. I am the same, but I may say, for certain, all will be right next week; in fact, I am confident; therefore you must get on for a day or two longer. I think you may calculate on seeing myself and C. at Great Yarmouth on Thursday next, for he intends taking a trip with the Pin. Am I in future to address my letters Great Yarmouth? Yours faithfully, W. M. P. S. Mr. C. has not been in town before yesterday, therefore could not answer your letters.—W. C. Wright, Esq., Post office, Great Yarmouth. Boar and Castle, 5th July, 1852. Dear W.,—I received yours this morning, and I think you may for certain calculate upon having the money by Thursday. I shall pay you a visit, if C. is not able to come with me; for I wish to see you respecting other business, for which I think a 50l. each can be made in a week or two. Rest assured I will act right to you. Mind, our business is kept to ourselves; much good can be I done. Faithfully yours, W. M.—W. C. Wright, Esq., 14, Windsor-terrace, Tower road. 13, Lower Belgrave place, 5th Nov., 1852. My dear Wright,—I saw Fred yesterday, and he requested me to write to you to get you to I write a letter to Mr. Boucher, 5, Guildhall Chambers, stating that you are sorry you cannot pay the bond, as agreed on 31st Oct., in consequence of your affairs not being settled; but that he shall hear from you again shortly. Do this by return of post, for Fred thinks there is a chance of drawing some more money soon, but just now wishes to make all right with I Mrs. O. I think it is not unlikely that I shall be in Yarmouth next I Wednesday for a few days, that is if I draw some money, which I expect, when we can talk matters over, and see about laying in a stock for the winter. Give my kind regards to Mrs. W. and the little boy, not
forgetting the Rose. In baste, faithfully yours, W. M."—"W. C. Wright, Esq., 14, Windsor-terrace, Tower-road, Great Yarmouth. 12th Nov.,1852, Whitecross-street. Dear Wright,—I am at the above address for that damned judgment for Prescott's. Write to Mr. Boucher at once, and tell him that your affairs not being settled you cannot settle with Mrs. Onslow for some short time. Write me by return of post. Faithfully yours, W. M."—"W. C. Wright, Esq., 14, Windsor-terrace, Great Yarmouth. Burdon's Hotel, Tuesday, Jan. 26, 1853. My dear Wright,—I have not either seen or heard from Crutchley, therefore it is impossible for me to say if the money has been sent or not. I enclose a copy of your letter to him to advance the money. I wish to God I was out of this place, and I would put them all to rights. I have not had one shilling upon the bills, but the instant I do you shall have some; but I trust this will not prevent your serving me. Fray write by return of post, and if possible get up to town. Get me out, that's a good fellow; and believe me, faithfully yours, W. M."—W. C. Wright, Esq., 14, Windsor-terrace, Yarmouth. Saturday, 4 o'clock, Jan. 29, 1853. Dear Wright,—I have not seen Fred, therefore I am at a loss to know what he is about. I suppose you wrote to him the letter I sent you to copy. I suppose he will send you the 5l. by this post. I was much annoyed at not hearing from you to-day. Mind and write by tomorrow's post, but do not fail. Yours truly, W. M."—" Burdon's Hotel, 9th Feb., 1853. (This letter had no envelope.) My dear Wright,—Strain a nerve, and be in London on Saturday morning; I shall not get out before; and be with me, and I feel confident I can go on with you to Fred; and I will undertake you shall have the money in the course of the day. He was with me to-day, but I could not get any money from him; but he assured me if you would be in London on Saturday he would complete the transaction with you. If you cannot come up to London, get some person at Yarmouth to witness the bond, and send it to me; and I give you my word I will not part with it until I get the money from him, which I will, without taking one halfpenny, remit you by Saturday's post. Do not neglect, for we can get money from him after this transaction in a bill. Faithfully yours, W. M. P. S. Surely Hudson would lend you 1l. for a day or two. Nothing will prevent your having the 10l. on your arrival")
FREDERICK HART . I am in the office of an official assignee of the Court of Bankruptcy. I produce the proceedings from the official assignee, and also this bill—the certificate was obtained, and the case adjourned sine die I believe—(read: "Property given up. Bill drawn by W. Wright, Esq., of Northumberland, on Captain Bulkeley, of Yew-tree House,. Painswick, for 2,000l., upon part of which I gave the said Captain Bulkeley 50l."—"Whitley-park, May 30th, 1852. Four months after date pay to my order 2,000l. for value received. To Captain L Bulkeley, R N. Yew-tree House, Gloucestershire. Accepted Messrs. Attwood, Stone, and Co., through the Bank of England. L. Bulkeley. ")
ANTHONY BOUCHER I am an attorney (looking at the bond between Wright and Crutchley)—I witnessed the execution of this bond—I acted under instructions from Mrs. Onslow and Mr. Frederick Crutchley—I did not see Morton in the affair at all.
JOHN BERT . I am an attorney. I witnessed the execution of this other bond—I did not draw it up—I witnessed it at the request of Mr. Wright, who I have known about twenty-five years—I believe he used to have an estate in Northumberland, but has not had it for many years—I do not know where he has been for the last five or six years—I knew him in prison
three or four years ago—I have not known much of him since—he decidedly is not a person in thriving circumstances.
Cross-examined. Q. You say he had an estate in Northumberland? A. I believe he had twenty five years ago—I do not know whether there is such a place as Whitley park, Northumberland—I do not know that that was the estate; I only know that it was in Northumberland—I do not know that he had an uncle living there—he derived the estate from some relation, but who it was I do not know—I do not know that there have been legal proceedings lately about this estate.
MR. BALLANTINE. Q. Under what circumstauces did you know him five years ago? A. He was in the Queen's Bench—he was made bankrupt, and got out.
(The description of Wright was read from the bonds as follows, in one: "W. C. Wright, of Whitley-park, Northumberland, gentleman; and in the other, dated June 21st, 1853," W. C. Wright, of 14, Windsor-terrace, Great Yarmouth, in the county of Norfolk, and of Whitley-park, in the county of Northumberland, gentleman.
MR. RIBTON to JOHN BERT. Q. Do not you know that at the time of Mr. Wright's bankruptcy there was an entry about the estate in Northum berland? A. I was not concerned in his bankruptcy, but I heard that the property in Northumberland was given up to the assignees, and the question was whether the creditors would get 20d. or 1d. in the pound—I do not know whether he has come into possession or not.
(MR. RIBTON submitted, that as regarded the three first counts of the indictment, there was no evidence to go to the Jury that the defendant ever received a farthing of the money obtained from Mrs. Burton; and in the recent case of Regina v. Garrett it had been held that the party making the false pretence must obtain the money for himself, and that it would not be sufficient for A to make a pretence by which B obtains something; that as to the charge of conspiracy, there was no evidence to show any conspiracy with Crutchley, the letters that had been read only showing a connection between Wright and the defendant. The COURT considered that the case was for the Jury.)
GUILTY. Aged 37.— Judgment Respited.
NEW COURT—Monday, December 12th, 1853.
PRESENT—Mr. Ald SALOMONS; Mr. Ald. CARTER; and MR. COMMON
Before Mr. Common Serrjeant and the First Jury
MR. SLEIGH conducted the Prosecution.
WILLIAM BAYNES NETHERWOOD . I am a retired officer from the East India Company's service. I live at the Yorkshire Hotel—in June, 1852, I had two dogs in my possession; they were at Harlsdon-green, five miles from town—during my temporary absence I lost those dogs—on my return the prisoner introduced himself to me, and said he could and he would find them and return them to me, if I would give him 4l.—I parted with 4l. to him on the faith of his restoring the dogs—I gave him four sovereigns in presence of an officer of the police—he went away with it—the officer followed him, but he gave him the slip, and got away—when I gave him the money I he said he would restore the dogs in ten minutes, or a quarter of I an hour.
Prisoner. Q. Did you not say that you did not know whether I took the money or the other man? Witness. I said I believed you had it, but now I can swear to that—I had seen you before, but not the other man—I have known your person four or five years—I have known Ben Easton in the same way—I have bought dogs of him, but never without having a receipt—I have not bought stolen dogs of him.
THOMAS HENRY SHIPLEY . I am superintendent of police at the East and West India Docks In June, 1852, I was inspector of police—the last witness made a communication to; I went to a cigar shop—the prisoner and another man came in—the prisoner said that if Mr. Nether wood would I give him 4l., he could recover his dogs—Captain Nether wood put down four sovereigns, and I believe the prisoner took it up, and went out—I followed him, but he escaped my vigilance.
Prisoner. Q. Did I take the money, or the other man? Witness. I believe you took it up—you and the other man came in together—you went with us from the cigar shop to the public house—I believe the other man produced some string which the dogs were tied with.
MR. SLEIGH. Q. Were the two men acting as if they were confederates? A. Yes.
MR. SLEIGH to CAPTAIN NETHERWOOD. Q. This prisoner had been at your house before? A. Yes; before I knew my dogs were stolen, he made his appearance at my house—when he had the money he said he would come back with the dogs or the money.
Prisoner. Q. What did I say to you? Witness. You said that Captain Nether wood knew you was not the man that took the money, but the other man; and Captain Nether wood had got his dogs back—the Captain said he had got his dogs, but he had to pay 10l. for them.
Prisoner. Q. When you got to the station, did not the Captain say he did I not know whether I had the money or the other man? Witness. He said being so long ago, he was not certain who took it, but he believed it was you.
Prisoners Defence. I did not take the money, the other man did; it was Ben Easton got him the dogs back again; I tried all in my power to get them back, and was a fortnight trying to get them; Ben Easton got the money, and he left me in the street for three hours.
GUILTY . * Aged 42.— Confined Twelve Months.
PLEADED GUILTY . Aged 20.— Confined three Months.
PLEADED GUILTY . Aged 26.
(The prisoner received a good character.)— Confined Three Months ,
PLEADED GUILTY . Aged 59.— Confined Three Months.
MR. PAYKE conducted the Prosecution.
CHARLES LINDSELL . I am a draper. On the night of the 4th Dec. I was going along Aldgate with my sister—in consequence of what she said I ran up a court; I saw the prisoner running there—the policeman was at the top of the court; the prisoner saw him, and he returned—when he came near to me he said, "There is your handkerchief;" and he threw it down—this is my handkerchief.
Cross-examined by MR. PLATT. Q. What time was this? A. About 10 minutes past 10 o'clock; I believe there was a boy near the prisoner, who ran away—I could not swear that he was concerned in the robbery—I had put my handkerchief in my pocket in the morning—I had it safe three or four hours before it was taken—when the prisoner said, "Here is your handkerchief, I had not missed it—I cannot say whether it was in my pocket the moment before.
CAROLINE LINDSELL . I live at Pretty Well, in Essex. I am sister of the last witness—I was walking with him on that evening—I saw the prisoner take the handkerchief from my brother's pocket, and he ran down a court—I pointed out the court to my brother, and he ran down that court.
Cross-examined. Q. Was it not very dark? A. It was rather dark—I had hold of my brother's arm—I was on a line with him—I was speaking to my brother at the time—there was light, it was not very dark—there was a gas light near—I saw the prisoner distinctly take the handkerchief from the pocket, and run down the court—I did not see him taken.
GEORGE NETTLEFIELD (City-policeman, 648). About 10 minutes past 10 o'clock, on the night of 4th Dec, I was coming out of Black Horse-yard, and saw the prisoner coming towards me—the first witness was following him—when the prisoner saw me he returned back, and the first witness laid hold of him—I saw him throw the handkerchief up against a wall—that was while the prosecutor had hold of him—the prosecutor let him go, and he was stopped by a passer by at the end of the court—I saw him stopped, he is the same person.
Cross-examined. Q. How do you know he was the same man? A. He was not out of my sight—it is not a very dark court—there is a lamp at the commencement of the court, and a light at the end—I was half way down the court when the prisoner came towards me.
(The prisoner's statement before the Magistrate was read, as follows:" I am very sorry, Sir; if you will look over it this time it shall never happen again. ")
GUILTY . ** Aged 18.— Confined Twelve Months.
PLEADED GUILTY . Aged 17.— Confined Eight Months.
MR. PLATT conducted the Prosecution.
JACOB M'KILLIE . I live at Long Sutton, in Lincolnshire. I am sexton there—I was present at the marriage of the prisoner with Sarah Emberson, at the church on the 31st Jan., 1831; she is now living, I saw her yesterday—I have not seen the prisoner for nineteen years or more—I produce a copy of the certificate of the marriage—I compared it with the book, it is quite correct (this certificate being read, did not state the name of the parish or the church).
Cross-examined by MR. PEARCE. Q. How long were you parish clerk there? A. Ten years—I am now sexton—I was present at this marriage—
this certificate was written by the curate—I examined it after he wrote it—I will swear it is a correct copy of what was in the book—there is no church mentioned in this certificate—I knew Mrs. Emberson before her marriage, and I knew the prisoner well; he was a bachelor, and she was a widow—it is nineteen or twenty years since I saw the prisoner, till I saw him at the police court—the prisoner and his wife lived together four or five years—I cannot tell exactly how long—the marriage took place in Jan., 1831—I do not know how long they lived together—I was not present at any proceedings at Long Sutton, with reference to their separation—I know there were proceedings—his wife had four or five children by her former husband—I knew her quite well, I saw her three or four times a week—I do not know how soon after her marriage with the prisoner she was confined—I cannot charge my memory with whether she had a child within two months after—one of her sons is here, he did not come up with me—we were before the Magistrate last Monday.
HANNAH BYE . I live near Burton-crescent. I married the prisoner on 31st Jan., this year, at St. Pancras church—before we married he told me he had been married, but he did not say when—about two months after we were married, he said his wife was living, and I had no claim upon him.
Cross-examined. Q. Before the marriage the prisoner told you he had been married? A. Yes—he did not tell me his wife was alive—he did not say whether she was dead or alive, that I recollect—I was a dressmaker—we were not courting long, something like three months—I do not know that I made any observation when he said he had been married—I did not say, when he told me he had been married, "I don't care for that, I am willing to take the same chance as you if you marry me—when he told me he had been married, it was in general conversation—he made no secret of it—what induced him to say I had no claim upon him was a trifling misunderstanding—he went out to seek for work, and he came home and said he had met with an accident, and I thought he had been fighting—we had a few words—I did not send for the policeman till he left me, which was a fortnight afterwards—this misunderstanding took place on Monday—I lived with him till the Saturday week afterwards, and he left me; and on Sunday morning I gave him in charge—there was no dispute about furniture that I am aware of—it was his duty to pay the rent—I paid it when he gave me the money—he did not give me any money during the last fortnight, and my goods were seized—the prisoner did not tell me before our marriage what time had elapsed since he had seen his wife—he did not say he had not seen or heard from her for nineteen years—he did not mention any time that he had not seen her—he said he had left his wife nineteen years—he did not say he had not seen or heard from her for nineteen years—he said he had been living with a woman—I was three times before the Magistrate—he did not make a remark to this effect, that I was as bad as him for marrying a man who told me his wife was living.
MR. PLATT. Q. Did he tell you he had a wife living? A. No, he said he had been married—I considered the woman to be dead.
JOHN EMBERSON . I live at Long Sutton. I am a son of the prisoner's wife by her former marriage—my mother lives at Long Sutton, and has for these thirty years—I think she and the prisoner have not been together for very nearly twenty years—I saw my mother last Friday afternoon at
3 o'clock—I saw the prisoner at Long Sutton about six years ago—I saw him, and he saw me—I do not know whether we were not nearer than we are now—I did not speak to him, but he came to the house where I was on the following evening—he spoke to me, and I answered him—I said, You have not killed her yet—I alluded to my mother and his wife.
COURT. Q. Was she mentioned by either of you? A. No more than what I said—he spoke to me, and I answered him, as I said before.
MR. PLATT. Q. You said to him, "You have not killed her yet? A. Yes; that was his wife—he made no answer—I cannot recollect what he said—I paid a deaf ear to what was said—I used those words.
Cross-examined. Q. Do you live at Long Sutton? A. Yes—I have not been at work the last twelvemonth—I lived there till twelve months ago—my occupation is sometimes at one place, and sometimes at another—I am a blacksmith—I do not carry the implements of my trade with me about where I work; they find implements—I cannot answer in what villages, or towns, or parishes, I have worked the last seven years—I made no memorandums—I did not know I was coming on such business as this—I worked at Long Sutton last week—I think I have not worked there for the last twelve months before—I cannot answer where I worked the twelve months previous—I am forty two years old—I am not married—I remember the marriage of the prisoner with my mother—I believe I was present at night, and took a share in what was to eat and drink—I cannot tell how long the prisoner and my mother lived together—I was not travelling about then, but I lived at a village named Lutton, about a mile from it—I was on visiting terms with my mother after her marriage—I went a few times to her house—I remember her and the prisoner having a dispute before a Magistrate—I was present—I cannot answer how long that hearing was after the marriage—I cannot answer whether it was two years, so many years have elapsed since—I saw the prisoner about six years ago—the first time I did not speak to him, and he came to a house where I was, and I said, "You have not killed her yet.
Q. Had you seen him from the time he was before the bench, at Long Sutton, twenty years ago, till this time, six or seven years ago, when you saw him? A. I saw him once—I cannot tell when it was—there was no conversation at that time—my mother is living at Long Sutton, in a house partly finished—it never was finished—was not built by the prisoner—we all had a share in it.
(The prisoner's statement before the Magistrate was here read—"I told her I was married, but had not seen my wife nineteen years; she said whether she was alive or not, she would never injure me.")
(The prisoner received a good character.)
GUILTY .— Confined Four Months.
MR. CAARTEEN conducted the Prosecution.
JOSEPH LYNES . I am a tailor, and live at No. 69, Sun-street. The prisoner was in my employ—he slept at my house—on the morning of 2nd Dec. I received a note, and I went to Mr. Ehrenberg's house—he is a tailor, in the same street—he showed me a piece of cloth—I examined it—I knew it was mine—it had no business to be at Mr. Ehrenberg's premises—I never sell cloth, except cut out in coats, and that I do myself; I will not allow any one to cut but myself—I went to the station, and got an officer
—I went and saw the prisoner—I said to him, "The piece of cloth we have been looking for six or seven days is over at Mr. Ehrenberg's; how came it there?"—I had missed a piece of the same kind and the same dimensions that I found—I had spoken to the prisoner about it—I missed a piece the day before, and I said "It is gone with the other piece; we must find out how this is"—the prisoner said, "I know nothing at all about the cloth"—I sent for the cloth—the prisoner said, "Yes, that is the piece of cloth that has been missing, but I don't know how it came to Mr. Ehrenberg's—the prisoner said I ought to send for him, and trace it to him, and I said to him, "Would you face it out to him if I send for him?"—he said, "Yes"—I sent for him—Mr. Ehrenberg said his servant girl was present when the cloth was brought—the servant girl was sent for, and she said, in the prisoner's presence, that she saw him come on the Saturday that was named, and leave a parcel—I then went into the back parlour, and fetched two other pieces of cloth—I threw them all three down by the side of her, and asked her which was the piece the prisoner brought, and she took out the one which I had found at Mr. Ehrenberg's—it cost 5d. 6d. a yard—there is six yards of it—it is worth 33d.
Cross-examined by MR. SLEIGH. Q. How long has the prisoner been in your employ? A. On and off for two years; he left me once or twice—I had no cause to complain of him—Mr. Ehrenberg was not in my employ, no further than as a journeyman tailor out of the house—we have not been very busy, and he had had no work for five or six weeks—I had not made up my mind to give him no more work—there was never any misunder standing—the prisoner had not said anything to me which had caused me not to employ Mr. Ehrenberg, but the sort of work he did we were not busy in—I keep a sort of medium stock of cloth—this piece of cloth is a very peculiar colour—there was only eight yards' length of it, and I cut two yards off for one coat, two days before it was stolen—it is a mixture very uncommon—it is not used for trowsers, but coats—I did not buy the whole stock of the manufacturer of this cloth—I identify it, because I tore a piece of the list of it, and by my only having had this one piece in stock, and by the prisoner's own confession—here is where the list has been torn—my private mark has been torn off, which was about an inch beyond this tear.
MR. CAARTEN. Q. You had a piece of cloth of eight yards in your stock; have you any doubt that it was this? A. No; I recognize it by the colour, by the length, and by the list being torn off—I cut two yards off to make a coat—I have not measured it since, but I can tell by the folds that there are six yards of it—it is folded in yard lengths.
JACOB EHRENBERG . I am a tailor, and live at No. 25, Sun-street. I had known the prisoner—on Saturday, Nov. 19th, the prisoner came, and brought me a strip of cloth—he said he wanted a coat made for a customer of his, and he could buy the stuff at a piece-broker's, which was a length of six yards, but he only wanted two, and he asked me if I would buy the other four—he said if he had two yards cut off they would charge him 6d. a yard, but if he took the six yards they would charge him 4s. 6d. a yard—I have not got the sample that he brought; he took it away with him—I said I did not know—I did not mind having it, but I had not got the money at present—I asked if he would have the coat made by me—he said he would, and I agreed for 8d. 6d. for the make of the coat, provided he brought his own trimmings—I said if I had the rest of the cloth, and he would take off 8d. 6d.; for the make of the coat, I would pay the balance for the four yards—he agreed to that—he went away, and came back in half an
hour with the stuff—I was at home—my servant let him in—he brought the stuff in a paper parcel—it was not undone in his presence—I asked him if there was the six yards, and if I was to measure it—he said, "You may if you like, but I have seen it measured"—he left the parcel with me—I promised him the money on the following day, when he was to come and bring me the measure of the coat—he came, and I paid him the balance, 9s. 6d.—he did not bring the measure; he said he would bring it me up the same evening, and about Tuesday he would come with the trimmings—he did not come with the measure or the trimmings—I opened the parcel in presence of my servant, and in it was this cloth—it remained on my premises till 2nd Dec, when I gave it up to Mr. Lynes, in the same state that it was—I have no doubt that the prisoner is the man who brought it.
Cross-examined. Q. How long have you known this man? A. I knew him at Mr. Lynes' for some months; I worked for Mr. Lynes about six weeks or two months—he did not refuse to give me work—he did not make a complaint of the manner in which I finished the last parcel of work, only I kept them a day or two too long—I did not tell the prisoner it was his fault, and I knew well it was he who made a complaint of me to Mr. Lynes; nothing of the kind.
MR. CAARTEN. Q. Have you had any quarrel with the prisoner? A. No.
MARY CRAWLEY . I am servant to Mr. Ehrenberg. I remember the prisoner coming there last Saturday three weeks—my master was not at home; I told him if he came in half an hour he would find him at home.
(MR. SLEIGH here stated that the prisoner would plead Guilty.)
GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY . Aged 28.— Confined Eighteen Months.
OLD COURT.—Tuesday, December 13, 1853
PRESENT—M. Ald. KELLY; MR. RECORDER; and Mr. Ald. MUOGERIDGE.
Before Mr. Recorder and the Second Jury.
MR. COOPER conducted the Prosecution; and MESSRS. CLARKSON and ROBINSON the Defence
NOT GUILTY .
MR. MEW conducted the Prosecution.
JOHN REEVES . I am a waiter at his Lordship's larder, 111, Cheapside. On Wednesday, 30th Nov., in the latter part of the day, the prisoner came there and took some refreshment in one of the boxes—I do not recollect whether he had a great coat on—he sat reading the newspapers for about two hours in the same box—he then asked one of the waiters if it was raining still, and got up, went outside into the street, and came back again in a moment, but did not go into the box in which he had been sitting before, he took a
seat in the middle of the room, and remained there about ten minutes reading the paper, he then deliberately got up, took a great coat off a peg where he was sitting—he then walked up to the desk where money is received, and as I suppose, settled; he then bade Mr. Jones, the proprietor, who was in the desk with the cashier, good night, and went away with the coat—I afterwards heard Mr. Hutchings making inquiries respecting his coat; he pointed out to me the nail on which he said he had hung it—that was the same nail from which I had seen the coat taken; there was no other coat on that nail—I know the prisoner by his being in the habit of coming to the house, and have no doubt he is the person who took the coat—I am sure he is the man.
Cross-examined by MR. DUNCAN. Q. Was the nail which the prosecutor pointed out, on the side of the wall? A. No; on a pillar in the centre of the room—he volunteered that; I did not ask him where it bad been hanging—I had seen the prisoner take a coat from that particular hook—I said, "The gentleman that has just gone out about three minutes ago, I saw take a coat from that very hook"—there are about seven hooks on that stand—I am not chief waiter; it is my business to attend to the customers—there were about thirty customers in the room, and two or three waiters—there was a table in the middle of the room—I watched him for the ten minutes while he read the newspaper, and then saw him take the coat—I remembered that he had been there for two hours before—it was about 6 o'clock when I saw him take the coat—I do not remember whether he had an over coat or not when he came in—I did not serve him—I did not take particular notice of him—the person who served him is not here—Mr. Jones and the cashier take it in turns to take money, no one else is allowed to do so—they are not both at the payment box—the table where the prisoner sat ten minutes after going out and returning, is more than three yards, I should think, from where he had sat before—it is a dining table in the middle of the room—there were newspapers lying there; that is the chief place for newspapers; when they are done with we put them on the centre table—it made no impression on my mind when he went to the hook and took the coat—we have 700 or 800 people come into that room in a day—I do not attend to people when they take their coats down—I noticed the prisoner because I had nothing particular to do at the time—I do not remember any circumstance which made me notice him—I said nothing to anybody about it before Mr. Hutchings spoke to me, and pointed out the nail.
COURT. Q. Was your attention called to it within three minutes after you saw it taken? A. Yes.
JAMES DAVID JONES . I am proprietor of His Lordship's Larder, dining rooms for the middling classes. On Wednesday afternoon, 30th Nov. about 4 o'clock, the prisoner came in—he had no great coat on; he never were one—I had seen him two or three times a week for the three months preceding—I swear distinctly that he had no great coat; he had on the under coat which he has on now; I never saw him with a top coat—I did not take any notice of him while he was there; nothing occurred between the time of his coming in and the time he left—when he went away he simply bade me good night—he had a great coat thrown across his arm—he had, on a previous occasion, introduced himself to me as an author, and asked me to subscribe to a work of his, which I did, and on the Saturday evening after this matter happened I went to the printer of the book, Hodson, of Castle-street, Finsbury, who referred me to the binder, and he accompanied the prosecutor and me to the lodging of the prisoner, in Cavendish-street,
New North-road, and found him there (I took the poem I had purchased, in my pocket; it is called "The Lost Chief; an Epic Poem on the late Duke of Wellington")—I told him he had stolen a great coat from the larder, and he must go with me to the station house—he said he had not stolen it, and he would not go; but in a few minutes he consented to go with me—the prosecutor was waiting outside, and gave him into custody of a policeman, who was waiting also—on the road to the station he threw the duplicate for a waistcoat (produced) into the road—I afterwards returned to his lodgings with the prosecutor and two officers, a search was made, and we found this pair of gloves (produced) between the bed and the bedstead—at the time the prisoner left I had just relieved the cashier; it would have been his duty to take the money—the cashier went away instantly—the prisoner did not pay me the money for his dinner.
Cross-examined. Q. You have got the ground floor, the first floor, and the second floor? A. Yes—I was about midway, coming from the up stairs room to the down stairs room, when I saw the prisoner—I took notice of him, as the author of the poem; I took a particular interest in him, it being his maiden effort in that direction—I cannot give you the reason that I looked at his clothes—he did not pay me for what he had eaten; I hope that was not his practice, but it is no part of the charge, and therefore I do not know whether I ought to say anything about it—gentlemen state what they have had, and we take their word for it, reminding them of little things—we had rather trust gentlemen than our waiter—the prisoner did not pay me, at all events.
COURT. Q. Had you given him credit? A. Never—I had never allowed him to go without paying; I should have stopped him immediately.
PATRICK DOWLING (policemam, N 251). On the Saturday evening after 30th Nov. I was on duty in Cavendish-street, New North-road, and saw the prosecutor and Mr. Jones—the prisoner was given into my charge outside the door of No. 43, Cavendish-street—I afterwards went to his lodging, a search was made, and this pair of gloves (produced) were found in my presence, by my brother officer, under the head of the bed.
WILLIAM HUTCHINGS . I am a clerk at the London and Westminster Bank, and live at Alder-terrace, Camberwell. On Wednesday, 30th Nov., I went to His Lordship's Larder; I took off my great coat, and hung it on a peg, on a pillar, in the middle of the room; my wrapper and gloves were in the pockets—that was a place where I had been usually in the habit of hanging it—I then had my dinner, and afterwards missed my coat from the peg—I immediately told Mr. Jones of my loss—these gloves are mine; I am certain of them—I know them by a hole in the thumb, and a particular strip or seam of leather on them, and also by three slight marks outside the little finger—on the Saturday I went with Mr. Jones and the policeman to the prisoner's house, and saw my gloves, found between the bed and the sacking—I have no knowledge of the prisoner.
Cross-examined. Q. You say those gloves have a hole in the thumb? A. Yes; that comes from wear—I do not generally use a stick, I do sometimes—the three small marks on the outside of the little finger are worn, but not right through.
Q. Just look at those gloves, and say if they are worn not right through? A. They are worn through the outside, but not through the lining—I also know them by this strip of leather, and by their general appearance—I never told anybody before they were found, that they had a hole in the thumb, and three marks on the little finger—there is no mark of my name
inside them—I did not see the prisoner till he was in charge of the policeman in the street.
MR. MEW. Q. When you saw the gloves had you them in your possession before you described them? A. When they were found they lay one upon the other, and I said to the officer, Before you open those gloves I will describe certain marks by which I know them to be mine; and I described them as I have now, with the exception of the three marks; and I stated that they were made of leather, lined with wool; and I also described the strip of leather—that was before they were taken up.
ISABELLA SPORLE . My husband is a paper hanger; we live at No. 43, Cavendish-street, New North-road; the prisoner lodged there. On Wednesday, evening, 30th Nov., he came home, and I let him in; he had a great coat on, and looked very warm—he had not been in the habit of wearing a great coat; I had never seen him with one before, and have never seen it since—it was not the coat he has on now.
(The prisoner's statement before the Magistrate was here ready as follows: I have one thing to state, that Mr. Jones is decidedly wrong in saying he saw me enter the room that day without a great coat; Mr. Jones is very seldom in the room in the daytime, and was not there when I entered it; Mr. Jones states also that I did not pay him; very natural, Mr. Jones had just come from above, and I had previously paid his clerk at the desk, which is his office; I went out to see if it rained, and I found it did, and returned; I sat there a few minutes; I took down my coat, and went to the desk; seeing Mr. Jones there, I said,' I have paid; I do not think it rains so much; I shall bid you good night;' he bade me good night, as also the clerk; with respect to the gloves which have been sworn to, they are my own property; I can prove where I purchased them, three years ago, in my native town; as to their being under the bed, it is a matter of very little moment; if one has a room he can put his things where it is convenient; I have nothing more to say than that the charge made against me is decidedly wrong.)
(John Robert Ridley Small, the prisoner's brother, a plumber, of Folkestone deposed to his good character; as did also Caroline Loch, of Cavendish-street, Hoxton, with whom the prisoner lodged; but upon cross-examination she admitted that he had on one occasion taken her husband's coat without permission, and had returned it.)
GUILTY. Aged 22.— Recommended to mercy by the Prosecutor.—Judgment Respited.
MESSRS. CLARKSON and EDGAR conducted the Prosecution.
JOHN ABRAHAMS . I have charge of the packing department, and sending out of goods, at James Morrison and Co.'s, of Fore-street—there are more than two partners—the prisoner was a carman in their employ—on his going out with the cart of a morning I generally give him some money, which I consider sufficient for the current expenses of the day, which he accounts for the next morning—on 26th Nov. I sent him out at a quarter or ten minutes to 10 o'clock in the morning—he was going to the East India Docks, and I gave him 3d.—he returned from that journey about 1 o'clock—on the Monday morning he handed me his book, with these two toll tickets in it (produced)—the entry is 2d. paid at the Bull and Mouth, and 1d. at the cloak room of the Shoreditch station—the toll tickets are one for 6d., and one for 4d.; that made altogether 1d. 1d.—I took the sum
down from his lips—the tolls are not entered in the book—he gave me the tickets for them.
Cross-examined by MR. METCALFE. Q. He showed you this book, and accounted for these sums, making 1s. 1d., and handed you over the balance? A. Yes, 1d. 11d.—he went three or four journeys that day, but only twice with the cart—he went out in the evening to the Commercial-road and Whitechapel, these 3d. still remaining to cover the expenses of the day—I took the 3d. from the cash box in my desk, containing none but my master's money—on some occasions I have left a few pence, when the prisoner accounted, and have put it down to his charge for that day—there are five carmen in the employ—the prisoner had to go to the Shoreditch station and then to the East India Docks, where he hid to deliver some things—in going to the East India Docks he ought to go up the Commercial-road, and if he had gone the direct road he ought to have gone through the toll gate—I do not know whether he would have to go so far as the toll gate on the second journey to Shoreditch, but if he went on to Whitechapel he would.
MR. CLARKSON. Q. Did you endorse this, Jones, 26 (11), '53, on these tickets, as receiving them from him? A. Yes; when he accounted to me he showed me his book, showing the payment of 1d. for one item, and 2d. for another—when I had taken that down I took the tickets, and said, is this for 6d. and 4d.?" and he said, "Yes."
MR. METCALFE. Q. Supposing him to have gone through the two gates, would those be the sums he would have to pay? A. Yes.
COURT. Q. Had he occasion to go through either of those tolls on the second journey to Shoreditch A. No, but I presumed he had to go as far as the toll gate when he went to Whitechapel in the evening.
ROBERT PACKMAN (City policeman, 133). On 28th Nov. the prisoner was given into my custody by Mr. Slater, who charged him with defrauding him of 10d., by tendering two false receipts, representing turnpike tickets—I showed them to the prisoner, and told him I had been to the party at the Mackworth Arms gate, who said they were not their tickets, but forgeries—the prisoner said, Well, they are the tickets that they gave me on Saturday—I showed him this large bundle (produced), containing 1,560 tickets in blank, and asked him how he accounted for the possession of them—he said he did not know that they had been in his possession at all—they were in paper; I showed him the bundle, and told him the contents—this is it (produced)—the name of Jones is on it—Mr. Slater gave it to me—the tickets are not all of the same gate, part of them are Whitechapel.
ROBERT SLATER . I am one of the firm of Morrison and Co.—Mr. Morrison's name is James—there are six partners—I received this bundle of blank tickets from Goodfellow, one of our porters, and handed it to the last witness—I received these two other tickets from Abrahams, on Monday morning, 28th Nov.—I had desired the policeman to go to the Mackworth Arms gate before the prisoner was given into custody.
JOHN GOODFELLOW . I am a packer, in the employment of Messrs. Morrison. On Friday, 25th Nov., I was at my work packing up a parcel, and in the case that I keep my waste paper in for lining boxes and trusses I found a parcel—it is an old case, by the side of the packing table, where I keep my packing paper—there are several boxes there, nailed against the wall, and the prisoner's box was immediately over the old case where I found the parcel—the parcel was covered with brown paper—this (produced) is it—I did not observe any name on it at the time, but I found after I had opened it that there was the name of Jones—inside the paper I
found two parcels done up in other papers—I opened it, and found it contained blank tickets for turnpike trusts—after examining them, I communicated with Mr. Slater, and he desired me to bring the parcel to him, and I did so.
Cross-examined. Q. There were other boxes you say round the same wall? A. Yes, I think three, but not immediately over the case; I should say a yard from it—they stood about six or seven feet from the floor, immediately under a shelf—the packing paper was lying immediately underneath—the parcel was in the case with the waste paper—it is a deal case about a yard long, and about the same depth—it was not rubbish paper that was kept in it, but paper that had come from the manufacturers', and was straightened out every morning for us to use again in packing—I cannot tell who puts the paper into the case; sometimes I put it in myself, and sometimes the boys do it—nobody takes it out but myself—three or four may put papers in—they are put in after they have been straightened, and I take them out, and use them as they are wanted—I am doing that pretty well all day long—I found this parcel about midway amongst the papers—I had taken out a great many before I found it—it is impossible to say how many, perhaps I had lined twelve or fifteen packages—I did not go expressly to look for this parcel—I had no idea of its being there—I came to it in the course of business—I cannot tell how many packages I had sent off the previous day—it is very certain that there was no paper left in the case over night, or very little—the other boxes along the wall are very nearly adjoining the prisoner's box, but the one adjoining would be immediately over the next packing table, which was behind me.
MR. CLARKSON. Q. Are the packing tables arranged like stalls? A. Something like that, and about four or five-feet apart—Jones's box was directly over my case where I kept my packing paper—that was the spot where I found the parcel.
ROBERT SLATER re-examined. Goodfellow produced to me this parcel of tickets on 25th Nov., with the name of Jones upon it—it was that which induced me to put a watch upon the prisoner, and ultimately to give him into custody.
WILLIAM TRIPP . I was the toll gate keeper on duty at the Mackworth Arms gate, Commercial-road, on Saturday, 26th Nov. last—I collected the toll, and delivered the tickets to the persons who paid it on that day—when I deliver the tickets, it is my practice to write upon them the day of the month—these two tickets purport to be two of the Mackworth Arms gate tickets—they are not genuine—I did not deliver them to any one—they are fictitious—the colour of the Dock tickets is a white ground, and blue printing—one of these tickets is Commercial-road trust, Mackworth Arms gate, Dock gate, and the other is Commercial-road trust, Mackworth Arms gate, letter M—on that day we had letter H out—I remained on duty until 4 o'clock in the afternoon—the prisoner did not come through the gate, to my knowledge—there is some writing on these tickets purporting to be 26th; that is not my writing.
Cross-examined. Q. I suppose you would scarcely recollect all the persons that came through the gate, even if you let them through yourself? A. No, it would be impossible—these tickets were not given by me—I never saw tickets exactly like them, to my knowledge—such tickets as these were never issued by me, or at that gate, or on that road—the same ticket is not always used; they are changed every day—it is possible that the same letter might come into use again in a fortnight or three
weeks—besides the difference in the letter, these tickets are misprinted—one gate is left out—the West India Dock gate is not mentioned on either of them in the list of gates that the ticket clears—we use a ticket with a fresh letter every day—I remained on duty till 4 o'clock on the Saturday afternoon—Alfred Auger came after me—Henry Old was with me as assistant, and he was with Auger up to 8 o'clock in the evening, and then Auger was there by himself—Old came on at 8 o'clock on Saturday morning, and remained till 8 o'clock in the evening—he is the assistant at that gate—I have not to account for the money—I receive and the tickets that are delivered to me—the tickets are always kept in the place by us, and we mark them, and issue them—we are not checked in taking the money—there is no check at all in our accounting for the money we take there is no limited number of tickets given—we have as many as we want; sometimes one number, and sometimes another—it is quite accidental—I only had one certain letter that day—it is impossible for me to tell how many tickets I had—I do not keep any account of the tickets—I might have had 100 or I might have had 5001 do not know—we do not go regularly through the alphabet with the letters; we have only a list—it may be a dozen letters to go through—I cannot tell whether M would come before or after H—we take them at random.
MR. CLARKSON. Q. How long have you been a toll collector? A. I have been on that road three years—these blank tickets (those produced by Goodfellow) do not belong to my gate, they are altogether spurious—we have no regular day fixed for the use of a particular letter—if we had we might be cheated without any difficulty.
COURT. Q. Are these like the tickets you ever had at your gate? A. No, not during the time I have been a collector.
MR. CLARKSON. Q. If you are obliged to be away from the gate for a moment, is Old there to assist you A. We are never allowed to go away—Old is there—I have not been all the three years at that particular gate; I might have been at that gate perhaps three months, in the whole—I have been removed to other gates from time to time—I stop twenty-four hours at a time at the gate—I might possibly be there again that week, or it might be a month, or two, three or four months—the surplus tickets of the previous day are laid up in their proper places, and used when it comes to their turn again.
JOHN ABRAHAMS re-examined. The prisoner was generally sent with goods on the district where the Mackworth Arms gate is—other persons might go occasionally, but it was generally the prisoner—his first journey that day was to the East India Docks, and after he returned he was sent to Shoreditch—that had nothing to do with the evening journey, which was to the Commercial-road, and then to Whitechapel, and that neighbourhood—the docks close at 4 o'clock—he did not, when he made his account on the Monday, charge me with any payment made for going through these gates, except the two of 6d. and 4d. that he produced to me.
HENRY OLD . I live at No. 7, Richard-street, Commercial-road. I act as assistant toll collector at the Mackworth Arms gate—I did not give either of these two tickets to the prisoner or to anybody—I did not, to my know ledge, see the prisoner go through the gate on 26th Nov.
Cross-examined. Q. How long did you remain at the gate? A. From 8 o'clock in the morning till 8 o'clock in the evening—I did not then go to any other gate, I went home, and returned to the same gate at 8 o'clock.
next morning—I remain at the gate twelve hours—I have been at this gate, I dare say, since July.
JAMES SHELDON . I am in the employ of Mr. Thompson, a printer, of Great St. Helens—he prints tickets for the Commercial-road trust, and has done so for many years—these tickets were not printed at our establishment, one has got an M upon it quite different to any type we have in the house—there is a difference in the other ticket, there is a space between the line, which we never put; there may be another difference in the number of the gate, but that I cannot speak to of my own knowledge. (MR. CLARKSON proposing to read the tickets found by Goodfellow, MR. METCALFE objected, as they had not been sufficiently traced to the prisoner. The RECORDER being of the same opinion, they were not read.)
ALFRED AUGER . I am a toll collector, at the Mackworth Arms' gate. On Saturday, 26th Nov., I relieved the witness Tripp—I came on duty at 4 o'clock in the afternoon, and staid till 4 o'clock on Sunday—the prisoner did not come through the gate on Saturday afternoon, to my knowledge—I did not give him either of these tickets, they are not genuine tickets.
THOMAS BULL . I am in the employ of Messrs. Morrison—I go out with the cart, along with the man. On Saturday night, 26th Nov., I was out with Jones—I do not know what time it was when I went out with him, it was after dark—we went to shad well, and from there across the Commercial road to Philpot-street, Commercial-road—we did not pass through any toll gates—I was with Jones all the time—we had no occasion to go through any toll gate; we went the nearest roads.
Cross-examined. Q. Did you go out from Messrs. Morrison's with him? A. Yes, and came home with him—I was with him all the time—I cannot recollect how long we were out—I do not know what time it was when we came back—he did not go out any more with the cart that night—it was a covered cart—I did not drive it; I sat in the cart—I am quite sure I should have seen if he had passed through a toll bar.
GUILTY . Aged 31.— Confined Eighteen Months.
(Mr. Abrahams stated that 468 forged tickets had been passed off to him by, the prisoner.)
NEW COURT—Tuesday, December 13th, 1853.
PRESENT—Mr. Ald. CARTER; Mr. Ald MUGGERIDGE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY . Aged 23.— Confined Two Tears.
PLEADED GUILTY . Aged 31.— Confined Twelve Months.
PLEADED GUILTY . Aged 25.— Confined Eighteen Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution
JAMES BRANNAN . I am inspector of police of the G division. On 25th Oct., in consequence of instructions I went to William's Rents, Angel alley—I went to the first floor room of a house; there is only one room on a floor—I found the door locked, I believe—I broke it open with a sledge hammer—I saw the three prisoners standing at a table, on which was a galvanic battery charged, and apparently at work—there was a fire there—on our entrance, the male prisoner kicked the table over, and kicked the battery out of the jar, and scattered the solution all about; part of it went over my great coat and burnt it, and part of it burnt my hands; and at that time a dog sprang at me; he was hissed on by the male prisoner—I pushed the dog back with the sledge hammer, and he seized the constable Neville, and tore his trowsers, and then he seized Evans, and tore his trowsers—they succeeded in beating him off—I saw a number of sixpences on the table; some were scattered on the floor—I found this battery, and this is a small portion of the fluid which I took from the table; it was spilt—I found this file on the table; it had at that time white metal in it, but in consequence of the solution, it is rusty—in the corner of the room, near the bed, I found two moulds, one for casting sixpences, and the other for shillings—I found four counterfeit sixpences—there were seventeen sixpences in the whole produced by the various officers; they are all finished.
JAMES NEVILLE (policeman, G 152). I went with Brannan into the room—I saw all the prisoners standing round the table—the first thing I saw was the man kicked the table over, and threw the jar on the floor part of the solution flew on my coat and hands—I seized the man, and threw him on the bed, and while there, I saw four sixpences on the bed—I saw a dog; he flew at Mr. Brannan, and he knocked him off with the hammer—he then flew at me, and seized my trowsers—I found a piece of white metal close to the foot of the bed.
THOMAS EVANS (policeman, G 145). I accompanied the last two witnesses—I found three counterfeit sixpences, and one good one—I found some on the table, and some on the floor—I took Bridget Flaney; she was standing against the table on which these things were.
GEORGE NEALE (policeman, G 204). I was with the other officers—I took charge of Sarah Flaney; she was standing between the window and the fire-place—I picked up six counterfeit sixpences on the floor; these are them—I found some plaster of Paris in a cupboard close by the window.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. This is part of a galvanic battery, used to cover counterfeit coin with a coat of silver—this is sulphuric acid; used in making counterfeit coin—this is a mould for sixpences—this is a mould for shillings—here are seventeen sixpences; all from this mould for sixpences—this file would be used in preparing coin—this piece of metal is such as is used in making coin; it is precisely the same as these sixpences—this plaster of Paris is what these moulds are made of.
THOMAS HOLDER I am agent to the landlord of that room. I let it to Sarah Flaney; she gave me the name of Frederick Hammond, as her husband's name—they have been there since the 23rd Aug., 1852—the rent was paid sometimes by Frederick Hammond, and sometimes by Sarah Hammond.
Frederick Hammond's Defence. I can give a full account of how I became possessed of these things; Richard Pike came to my place about
half past 9 o'clock on Friday morning, with a small basket, which contained pay my rent; the landlord threatened to seize, and about three minutes after Brannan, the broker, entered; if I had not expected the broker, I should not have had the door locked; when Pike brought these things, he said to me,. Fred, you are badly off if you will comply with my wishes, I will relieve you; allow me to leave these things, and I will call at half past 7 o'clock; if I don't call, you bring them down to me at the Cat public house, and I will put you in a good way; when he was gone, I said to Sarah, Bring me these things, let me see what he has brought me; I had the jars on the table, I looked in, and there were these counterfeit sixpences; I said, Sarah, here is some money; she said, You don't say that! I said, Yes, but they were bad; I had scarcely replaced them in the jar, when the door opened, and the door opening, upset the table, and threw the things off; I can produce the little dog; it would not fly at anybody, it is too harmless.
Sarah Flaney's Defence. I was sitting on a chair, and my sister was washing some tea cups; and as they opened the room, there was a plate and towel in her hand.
HAMMOND— GUILTY . Aged 20.— Four Years Penal Servitude.
SARAH FLANEY— GUILTY . Aged 20.— Confined Eighteen Months.
BRIDGET FLANEY— GUILTY. Aged 13.—Recommended to mercy by the Jury. — Confined Four Months.
JOHN LEMON PLEADED GUILTY . Aged 32.— Six Years Penal Servitude MR. ELLIS offered no evidence against SARAH LEMON.
NOT GUILTY .
MESSRS. ELLIS and BODKIN conducted the Prosecution.
CHARLES BELLAMY . I produce a copy of a conviction which I got from Mr. Clark's office—(read—James. Donaldson, convicted here Jan 1853, on his own confession, of uttering counterfeit coin; confined six months).
JAMES HIGHAM . I am Secretary to the City of London Freehold Land Society, No. 79, Fairingdon-street. On 24th Nov., in the afternoon, the prisoner came to the office—he asked for a copy of the rules of the society—the price of them is 3d.—he offered me half a crown, to pay.—I took it, and gave him 2d. 3d.—it was just dusk—the clerk was gone to turn the gas on—when the prisoner got the 2d. 3d., he said he was told they were but 2d.—he said, Can't you let me have them for 2d? I said, We don't wish you to have them; and I was about to take up the money, and he said, Never mind, he would take them—I had been about to take the money up, and give him the half crown; but he put down 2d. 3d., and said he would take them—I looked at the shillings he had put down, but it was dark; and I tried one with my teeth, and found it was bad—the prisoner had left the room, and was going down—I, knowing the clerk was in the passage, called to him to stop him—during that time I still kept the whole of the money in my hand—I proceeded down stairs, and by that time the prisoner had stopped near the front door—he said, What do you want with me?—I said, Just come back, you have changed one of these
these things; I had been out of employ ten months, and was not able to shillings—I directed the clerk to fetch an officer; and when the prisoner got up stairs, I asked him who sent him for the rules—he had told me before that he had been sent for them—I asked him who was his master—he said he had no master—I said, You said you were sent—he said, So I was, in a manner of speaking—I said, What do you mean by a manner of speaking?—he said, I want them for my brother and myself—I said, Where does your brother live V—he said, I believe in the country; and after that he said he was at work at Sydenham, as a carpenter—I asked what he was doing—he said, Nothing—the officer arrived soon after, and I gave him into custody—when the prisoner came into the room, I took the money which I gave him out of a bowl, in which there were two shillings, two sixpences, and some coppers—I have no doubt for a moment that the two shillings I gave him were good—the bad shilling that he returned to me struck me directly I had had the bowl in my hand.
COURT. Q. Had you tried the good shillings before? A. I had not tried them.
Prisoner. Q. You cannot swear whether they were bad or good? A. I have no doubt that they were good—I did not thoroughly examine them—I do not know whether they were old or new—I have no doubt that they were good—I did not see you change the shilling.
Prisoner. Q. Did not I come back without hesitation? A. I did not see you when I first called out (The witness's deposition, being read at the prisoner's request, stated: When I called, the prisoner made no hesitation, and he sat down till the officer came)—when I saw the prisoner, he was near the door; as soon as I saw him he came back directly—when I came down, he was in the passage near the door—I did not see him throw away or attempt to conceal any money.
MR. ELLIS. Q. Was he out of your sight? A. Yes; he had gone down a large flight of stairs and along the passage, and was near the door.
GEORGE VILLIERS ROBERTS . I am clerk to this Society; I take cash for sundries. Those two shillings got in the bowl by selling plans—I took them, and put them in the bowl the day before, I believe—I have charge of the bowl—the two shillings were good, to the best of my belief—on this day I was sent to light the gas—I saw the prisoner come down, jumping two or three steps in a hurried manner—I heard the last witness call—the prisoner hesitated about a second before he turned back—I was about a yard or a yard and a half from him—if he had tried to get away, I could have followed him.
Prisoner. Q. Had I passed you? A. Yes; I do not know whether you had passed the painters—I was in the act of lighting the gas, but had not lighted it—I had taken the two shillings in the beginning of the week; they had been lying in the bowl from Monday till Thursday—the two shillings I took were in the bowl; I put them in for selling plans—they were locked up at night, but in the day time they were out before me—there was no other clerk who took money—there was another clerk behind the table—he would pass the bowl, but not to touch the bowl—he was there when I went down stairs, but on Thursday I was not down stairs—the bowl was open in the day time, not at night—I had the two shillings in my hand the day before, when the bowl was locked up—I did not try the two shillings then—I can swear to one—one was a Victoria shilling; I cannot swear to the other—I know they were good—they were good to the best of my
JURY. Q. You tried them when you took them? A. Yes, very particularly, having a party once before who passed one bad shilling.
Prisoner. Q. You had not seen the money that day? A. Yes, I had seen it, but not handled it; to the best of my belief, it was the same I had seen before—I did not try the shillings by any means to know that they were good that day; I had before, by biting them—I tried them when I took them—they were good—I cannot say when I took them—when I brought them out in the morning, they were the two shillings that I had there before.
MR. ELLIS. Q. During the night before this, where were they? A. They were put in the iron chest, and I had the key—during the day, I had charge of the bowl till the time of lighting the gas—they were not like this shilling (looking at it)—one was a Victoria shilling; I cannot say what the other was—this is a bad one—one of them was different to this—I do not know whether the other was a George or a Victoria.
JOHN ARMSTRONG (City policemam, 30). I produce this shilling, which I received from Mr. Higham—I took the prisoner—he gave me half a crown as soon as I got in the office; it was a good one—he gave his right address.
Prisoner's Defence. The witness states he does not know what shillings he gave me, and he did not see me change it; I came back without hesitation; he did not see me attempt to conceal any money; I gave my right address; I was strictly searched, and nothing found on me; I declare I am innocent, and should your verdict be against me, it will be my ruin.
JURY to JAMES HIGHAM. Q. Can you take your oath whether this bad shilling was in the bowl, or not? A. I have not the shadow of a doubt that the two shillings I gave him were good—this one I did not put out of my hand till I gave it to the officer—this would have attracted my attention in a moment.
Prisoner. Q. You did not look at the shillings you gave me? A. I had occasion to look at them, because they were amongst coppers; I had to move the coppers to find them—I had not had occasion to try the shillings I gave you.
COURT. Q. Can you say, positively, you did not give him this one? A. Yes, I can; I could not have given this without seeing it.
JURY to JOHN ARMSTRONG. Q. Was any shilling found on the prisoner? A. No, no money at all.
GUILTY .— Confined Eighteen Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
EMMA SUSAN RANDALL . My husband's name is Francis; he keeps a glass shop in Brompton. On 29th Nov., the prisoner came, and bought two cups and saucers, a teapot, and a jug—they came to 11d.—she paid me with a half sovereign—I considered it good, and gave her 9d. 1d. change—she left the shop, and after she left I fancied the half sovereign felt light—I weighed it and found it light—I put it away in a desk apart from other coins—on the following day the officer came to our house—I gave him the half sovereign I took from the prisoner—on that following day the prisoner came to my shop—I recognised her immediately—my niece went into the shop, served the prisoner, and I looked on—the prisoner asked for half a dozen wine glasses—they came to 3d.—my niece served her with them—I went to assist to put them into the prisoner's basket—she gave me a half
sovereign—I noticed that it was light, and I said to her, "This is the same kind of half sovereign you gave me yesterday n—I weighed it, and found it light—I unlocked the desk, and took out the other half sovereign—I said, "This is the half sovereign you gave me yesterday—I sent the half sovereign that she brought that day to a neighbour's, by my niece—she brought it back, and said it was a very bad one—the prisoner proposed to leave the basket and glasses, and go home and get good money—she gave me three addresses; first she said she lived at Knightsbridge, then at Brompton; and when I asked her where at Brompton, she said, "At No. 4, College-street, near the Admiral Keppel"—I would not allow her to go, but kept her till the officer came, and gave her to him—I gave him the two half sovereigns—these are them—I marked them.
RICRARD EDMONDS (policeman, V 157). I went to the shop, and the prisoner was given into my charge—I got the two half sovereigns—these are them—the prisoner said that one of them was given her by a gentleman, the night previous, for sleeping with her—she gave her address, No. 4, Little College-street—I went and made inquiry—abe was not known there. WILLIAM. WEBSTER. These are both counterfeit, and from the same mould.
Prisoner's Defence. I was not aware that they were bad.
GUILTY . Aged 25.— Confined Twelve Months
MESSRS. ELLIS and BODKIN conducted the Prosecution.
FRANCES ELLEN HORSEY . I am the daughter of William Horsey; he keeps a public house at Winchmore-hill. On 24th Nov. the prisoner came—be had half a quartern of gin, which came to 2d.—he put down half a crown on the counter—I gave him in change 2d. 1d., and put the half crown into the till—I am sure there was no other half crown there—I had not known the prisoner before—I am sure he is the same person.
CATHARINE FRANCES KNIGHT . I am barmaid at Mr. Horsey's. I remember the day the bad half crown was taken, 24th Nov.—I went to the till that evening about five minutes before the prisoner came, a little before 7 o'clock—there was then no half crown in the till—I went to the till again about five minutes after he had gone; there was then a bad half crown in it—there was Do other half crown there—I took it out, and gave it to Mr. Horsey, and he gave it to the policeman in my presence.
WILLIAM HORSEY . I received half a crown from the last witness—I gave it to the policeman—this is the one (looking at it)—I did not see the prisoner in my house, but my daughter described the man, and I put on my hat, and said I would find him if I were out all night—I went out, and saw the policeman—I told him—he went one way, and I another—fee happened to take the right road, and met the prisoner.
MARTHA FIELD . I am the daughter of James Field, who keeps the Orange Tree, at Winchmore-hill The prisoner came there on 24th Nov., between 6 and 7 o'clock in the evening—he asked for half a quartern of gin—it was 2d.—he offered me a bad florin—I noticed that it was bad showed it to my brother—it was not out of my sight—I returned it to the prisoner, and he paid in good money—I should know the florin if I saw it—this is it (looking at it).
THOMAS BOLTON (policeman N 250). I apprehended the prisoner on 24th Nov., between 7 and 8 o'clock, about a quarter of a mile from the Orange Tree—I searched him, and found on him seven bad shillings wrapped in paper, and this 2d. piece, loose—I found on him nine good shillings, in a bag—I received this half crown from Mr. Horsey.
Prisoner's Defence. I was not aware that they were bad.
GUILTY . Aged 34.— Confined Eighteen Months.
JAMBS PRICE . I keep a public house, in Agar-street, Strand. On 14th Nov., the prisoner came there, and asked for a quartern of gin—he tendered me a bad florin—I noticed that it was bad—he said a gentleman at the top of the street gave it him to fetch the gin—I said I would see this gentleman, and I went with the prisoner to the top of the street—I waited there a few minutes—I could not see a gentleman, and I gave the prisoner into custody—I gave the florin to the policeman—the prisoner was taken before the Magistrate, and remanded till the Thursday—there was nothing against him, and he was discharged.
JAMES COOK (policeman, F 126). On 14th not the prisoner was given into my custody by the last witness, who gave me this florin—the prisoner was taken before the Magistrate, and discharged, on Thursday, 17th Nov.
PROVIDENCE MUGGLETON . My husband keeps the Bricklayers' Arms, at Tottenham. The prisoner came there on Friday, 35th Nov., for half a pint of beer, which came to 1d.—I served him—he offered me a florin—I asked him if he had a penny—he felt, and said he had not any more—I looked at the florin, and it struck me it was bad—I said to him that I thought it was bad—he said he thought not—I bit it, and found it was soft—I went to the door to look for a policeman—I could not see one—I sent a person for one—the prisoner then took out a penny and a shilling—he held them both in his hand, and told me to take it out of either, and let Mm go; but I detained him till the officer came, and gave him into custody—I showed the florin to the officer—he gave it me to mark, which I did, and returned it to the officer—this is it.
Prisoner. You went outside, and stopped five minutes, and I came out and asked for change. Witness. No; I told you when I took it up that I considered it was bad—you said you thought not—I bit it, and said I was sure it was.
Prisoner's Defence. It is the first time I have ever been in custody; I beg for mercy.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
MARTHA SHURET . I am the sister of Charles Shurey, who keeps the Golden Lion, in Dean-street, Soho. On 29th Nov. the prisoner came there, with a woman and two men—they asked for 6d. worth of gin—I served it, and the prisoner paid me a 2d. piece—I saw it was bad—I handed it to my brother—I did not know the prisoner before
CHARLES SHUREY . I remember seeing the prisoner at my house—my sister handed me a florin—I immediately pronounced it bad, and I asked the prisoner how many more he had about him—he instantly said, "Is it bad?" and he put down good money, but I took the gin away, and would not let him have it—he made an attempt to get the bad florin out of my hand, but I kept it, and sent for the policeman'—the prisoner and his companions made great resistance.
WILLIAM GLASS (police sergeant, C 3). I took the prisoner, and received from the last witness this florin—I found this other bad florin in the prisoner's right hand waistcoat pocket—he had 4d. 2 1/2 d. in good money about him.
Prisoner's Defence. I was very drunk; I do not recollect anything of the transaction; I know I had half a sovereign, and where I changed it they must have given me that change.
GUILTY . Aged 20.— Confined Six Month.
HENRY WOOLF . I am a cap maker, and live at No. 103, Houndsditch. I owed a gentleman, named Pope, 3l. 5d.—it was about last March—I hare? paid the traveller—I owed Mr. Williams 2l. 6d.; that was about last March—on 8th Nov. I gave the prisoner a check for those two sums—I had known him before—I gave him the check because he called for the money—he said he came for the amount of what I owed to Mr. Williams and Mr. Pope—I looked for the statement, and could not find any—I paid him—I did not say anything to him—I gave the order through him, and I paid him—he said he was their traveller—he had called five or six times for orders—he had not received money before—he called for orders, and they used to supply me—I asked him for the statement, and he said it had been given me—I looked, and could not find it, but I found the invoices"—I said, "I have got the two invoices, and no statement"—he said, "Let me look at the invoices"—I looked at my invoices, found the account to be right, and paid him the two sums—the name of Bate was not mentioned—I got the check again? that I gave him—this is it—I got it from the Bank.
Prisoner. Q. Was Mrs. Woolf there? A. No; she told me thatyouasked several times for the account during my absence—when you received the check you did not bring any goods to show me—you asked for the account.
WILLIAM WILLIAMS . I reside at Birmingham. I deal in business with Mr. Woolf, through Mr. Bate, my agent in London—Mr. Woolf owed me 2l. 6d.; I never saw the prisoner till I came up on Friday last, on this busness—I never authorised him to go to Mr. Woolf for 2l. 6s.—the prisoner is not responsible to me—he is Mr. Bate's servant—X did not know that he had received that money.
Prisoner. When Mr. Bate was in Paris, and I had the management of his business, did you write to me to go to a house to collect accounts for you? A. No; nor did any of my clerks—I do not recollect your writing to me to say that one house had paid their account to Mr. Bate—I have no recollection of receiving a check from you on 8th Sept. from Bartlett and Sons, for 18l. 7d. 6d.—I keep a cash book—I see it every day—I have no recollection of your remitting me that check—I do not remember writing to you saying there was an error of 1s. 6d. in the discount; I never
told you not to receive any accounts for me, or not to receive—I never told you one way or the other—I never saw you in my life till I came up on Friday.
ASHBY BATE . I am a commercial agent, and live in Lilly Pot-lane. The prisoner was employed by me up to the time he was taken into custody—he was a traveller—it was no part of his business to receive moneys due—previous to 10th Sept., I gave him authority to receive one or two accounts, but not since that day—he was not authorised to receive money generally—only particular sums—since 10th Sept. he has not been authorised to receive money—I spoke to him, and told him not to receive any more accounts—I act as agent to Mr. Williams, the last witness—the prisoner has been employed by me to sell Mr. Williams' goods—I supplied the goods Mr. Woolf referred to from Mr. Williams, as his agent—the prisoner had no authority to receive the 2l. 6d. from Mr. Woolf—he has never accounted to me for that money—he did not tell me he had got it—I have frequently seen him since that time, he has not mentioned the subject.
Prisoner. Q. Have you the cash book) A. No; I have no recollection at all of your paying me a check on Monday, 12th Sept, for 30l. 8d.—I can answer as not having received any such amount—I have not my books here—on the 15th of the same month you did not hand ma a check for 6l. 18d.
Q. On 10th Nov., last month, did you receive a check from me for 4l. 5d. 5d.? A. There was a small check—I cannot say the amount—I have no book here that will throw a light on what I received—I have this small check that you received without any authority—I have remonstrated with you for doing it—I said you had no business to do it.
Q. When you returned from Paris, did you receive from me a paper with the accounts that I had received? A. I believe there were one or two old accounts I gave you authority to receive—the amount was a few pounds—I do not remember your receiving an account of 3d. 6d. of Mr. King—there was one or two small accounts that you received while I was in Paris, but since that time you have not received any accounts by my authority.
Q. I want to know the words used by you, when you told me not to receive any further accounts? A. It was about 10th Sept; I was in the warehouse—the words were to this effect, that you were not to call for any more accounts—that was after your receiving the small account in Houndsditch of 21 odd, which you had not paid nor accounted for—you did not tell me, when I returned from France, that Mr. Williams had written to you to tell you to go to a house; I believe you told me you had been—it is best known to yourself how you should know that there were any accounts there outstanding, if you and not received a communication—yon did not tell me that Leafs said they had paid me an amount previously—I did not say, "Oh, I must have forgotten it"
COURT. Q. When he accounted for Leafs, or any other house, has he accounted for this of Mr. Williams? A. No.
GEORGE LEGGE . I am a constable. I took the prisoner into custody on Thursday evening, a little after 9 o'clock, at the Talbot public house, in the Caledonian-road, Islington—I told him he was charged with embezzlement; he said, "I acknowledge I received the money, but he can only make a debt of it"
Prisoner to MR. BATE. Q. About three weeks ago, did I tell you I had
a little property in the country that I wished to dispose of, and I placed that conditionally in your hand, that if there was any discrepancy in the account it might be made straight? A. No, you did not say that; you said you had at Leeds left in charge with a gentleman, who advanced you 8l., a diamond ring, two mourning rings, and dessert knives and forks, which this gentleman advanced 8l. on, and you wished me to send down a check to that gentleman and get the property, and sell it to pay myself 5l. that I advanced you.
Prisoner's Defence. I acknowledge having received the check from Mr. Woolf; I put it in this book, with a great many more papers; I went round to six or eight houses with my samples, and having lists of different goods to show them the prices, and by so doing I imagine I lost the check in one of those places; for on the following morning, when arranging my papers, and preparing to pay the check over to Mr. Bate, I found it was not there; I immediately went round to every place where I had been, and made inquiries, and I went to the Bank of England to see if it had been paid; I found it had been paid the afternoon previous; of course I was in a very awkward predicament; I did not mention it to Mr. Bate, because I knew that he is of such a very irritable temper, therefore I tried to get the money from a friend to replace the value of the check, and not to mention the circumstance to him, and if I had got the money I should have mentioned it to Mr. Bate; I used every exertion to pay it; he never mentioned it to me; I never heard a word of it till I was taken into custody; the Lord Mayor remanded me on my own recognizance of 40l.; I was taken again, and committed by Mr. Alderman Moon; I never appropriated one penny to myself; I never knew the check was crossed; I think you cannot look at this in any other light than as a trivial, frivolous prosecution; there is not a particle of proof that Mr. Bate ever told me not to receive money, and I solemnly declare, before Almighty God, he never did; there was one small account I handed to him after his return, and he never found fault with me—on the contrary, he thanked me; I had one class of customers, and he another; mine were confined to the East end, and amongst the Jews; and the parties with whom I did business all looked to me to receive the accounts, and he never told me not to receive them; the whole proceeding hinges on this simple feet, whether in this individual case I have lost this check, and not repaid it.
JUBY to MR. BATE. Q. Did the prisoner ever receive any money after this transaction? A. We took him into custody on that point; certainly not.
Prisoner. Yes; 4l. 14s., of Mr. Popplewell, on the 14th of the month. Witness, I cannot say when I received it—there was an amount that he paid me that I stated he had received without any authority to apply for it—I think it must have been some time before that.
NOT GUILTY .
GUILTY . Aged 36.— Confined Six Months
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Six Months.
OLD COURT—Wednesday, December 14th, 1853.
PRESENT—The LORD MAYOR; MR. JUSTICE ERLE; MR. JUSTICE CRISS WELL; Mr. Ald KELLY; Mr. Ald FINNIS; Mr. Ald CARTER; and RUSSELL GURNET, Esq.
Before Mr. Justice Cresswell and the Third Jury.
145. JAMES HENRY COX and HENRY JOHNSON were indicted for stealing, on 16th Sept., 76 brass taps, and other goods, value 15l., of George Fowler, the master of Cox; and MARTHA JOHNSON and JANE SMITH , feloniously receiving the same. In a 2nd COUNT, HENRY JOHNSON, MARTHA JOHNSON and JANE SMITH , were charged with feloniously receiving part of the said property and in a 3rd COUNT, SMITH was charged as an accessory after the fact.
MESSRS. COOPER and SLEIGH conducted the Prosecution.
JAMES BRAKNAN (police inspector, G). In consequence of information which I received on Thursday, 24th Nov., I watched outside the house of Mr. Fowler, a furnishing ironmonger, in Barbican—About 12 o'clock in the day I saw the prisoner Cox leave the premises; he was alone; I followed him—the witness Bartram was with me, and pointed him out to me—I followed him into White Hart-court, Long-lane; I saw him knock at the door of No. 4 in that court—he turned round and saw me, and put his hand into his left hand breeches pocket—I said, "I belong to the police, what have you got there?"—I took from his hand four steel rings for keys, which I produce—I told him he was suspected of robbing his master, Mr. Fowler, an ironmonger, in Barbican—he said, "I know nothing about it, Sir"—we were standing at the house door at this time—we then proceeded up stairs, and in a room on the first floor I saw the two female prisoners—I addressed myself to Mrs. Johnson, and said, "I belong to the police; I have got this man in custody, and I come to search this place; you answer the description which I received from a pawnbroker, as having pledged a quantity of brass taps—she said, "I am sure I don't know what you mean, Sir; I know nothing about it"—at that time I was searching Cox, and Mrs. Johnson went to a box which stood close to the fire, took from the box a paper parcel, made a hole in the top of the fire with the poker, and placed the parcel in it—at that time I had locked the door, and put the key in my pocket—I rushed to the fire—I was much obstructed by Smith—I took from the fire thirty-one duplicates; they were on the fire, and part of them blazing; Mrs. Johnson also attempted to prevent my getting them, and I believe Cox, but I cannot say, in consequence of the struggle which took place; I felt myself overpowered among the three—after taking the duplicates from the fire, I rose the window up, and called the assistance of an officer; a female went and procured the officer Fancett—the prisoners were very violent—on Fancett's arrival we found it necessary to send for another constable—we then placed the prisoners in a part of the room, and commenced making a search—before that I said to Mrs. Johnson, "You are very active—she said, "They were left with me by a person to burn"—I said, "Pray, who might that person me?—she said, "I don't know"—at that time I saw Smith with her hand in the split of her dress; I got her hand out, and in it was this ring, and this little instrument called an eylet hole borer (producing them)—the ring is of the same description as those I found on Cox—I also observed Mrs. Johnson with something in her hand
in the fold of her dress; I found it was a glove, which contained sixty-three pawnbroker's duplicates—she said, "They all relate to my own things"—on a shelf in a cupboard in the same room I found this brown paper parcel, which contains a dozen plane-irons, without handles—I also found a table bell, with a spring (an alarum bell), and a paper parcel containing brass nails—that was all I found—we took the three prisoners into custody.
Cross-examined by MR. O'BBIEN. (For the Johnsons.) Q. What time of day was this? A. I think between 12 and half past 12 o'clock; I did not see Henry Johnson, the husband of Martha Johnson, that day—he was taken into custody by Fancett the day following, I think.
Smith. There was no act of violence used; when Mrs. Johnson put the tickets in the fire, I did not know that she had done it. Witness. She used a great deal of violence to prevent my getting the tickets; when I was stooping over the fire she came with her whole force and nearly pushed me down, and then a desperate scuffle ensued among the lot of them.
Smith. He states that Mrs. Johnson had a glove in her hand with sixty three duplicates; I assure you she was sitting in the room with two children in her lap, and she said to Mr. Brannan and Mr. Fancett, "If you will look further you will find a glove, and in it sixty-three duplicates, relating to my own property"—Fancett took the glove up out of the box, and put it down again, saying it was a child's sock, and then Mr. Brannan took it up again. Witness. Johnson did not say so—I observed her with something in her hand in the fold of her dress; I took them out of her hand, and she said they belonged to her own wearing apparel, which I believe they did—I did not take them out of the box—they were given up at the Mansion house.
JOHN FANCETT (City-policeman, 212). I was with Brannan on this occasion—I was called to his assistance at No. 4, White Hart court—I found Cox, Martha Johnson, and Smith there, and took them into custody—I found five duplicates in a box—I have been with those duplicates to the pawnbroker's, and with them obtained certain property, which I produce—I also produce some other property which I obtained; some at Johnson's lodging, and some at Cox's—I took Henry Johnson into custody on 1st Dec at No. 4, White Hart-court, in the same room—I told him I wished him to go with me down to Finsbury, for a person to see him, to see if he could be identified as pledging certain articles of ironmongery, which his wife and other persons were locked up for—he said he would go with me—I took him to Mr. Attenborough's, and the foreman saw him—I then took him into custody on this charge—he said in the pawnbroker's shop that he knew nothing about it—on the road to the station he said, "What that gentleman said was perfectly correct"—that was alluding to the foreman at the pawnbroker's—the foreman had said in his presence that he was the man who had pledged the goods—the goods were brought forward at the Hall—Johnson also said, on the way to the station, that he pledged them at Cox's request.
Cross-examined. Q. Did you, after Mrs. Johnson, Smith, and Cox were given into custody, search the house? A. I assisted inspector Brannan in doing so—I have in this sack a portion of the property that I found on that occasion, saucepans, a tea-kettle, a frying-pan, and gridiron—I think there were three or four children left in the house after we took the prisoners into custody—I think the eldest was about nine years old—I did not learn from Mrs. Johnson where her husband was that day—I heard her asked by Brannan, I did not hear her answer—I heard her say he was a copper-plate printer—I believe she did not tell Brannan where he was at work—I went to the house again, I think it was the next morning, and took the children
to the workhouse—that was the only visit I paid to the house until I took Henry Johnson into custody.
JOSEPH MARSHALL . I am shopman to Mr. Attenborough, pawnbroker, of No. 31, Crown-street, Finsbury. I know Henry Johnson—he has pledged goods at my master's shop—on 8th Oct. he pledged twelve brass taps for 12d.—on 10th he came again, and pledged the same quantity of brass taps to the lame amount—he gave the name of George Johnson, and said he lived at No. 24, Skinner-street—I asked him if they were his own property; he said yes—I asked what they could be bought for wholesale, or per dozen—he laid 15d. or 16d.—I put on the duplicate, "Own property"—on Thursday morning, 1st Dec., he came to the shop in company with Fancett, who asked me if I knew him—I said, "Yes"—he asked me if he had pawned taps at our house, and I said, "Yes"—Johnson said, "I know nothing about it"—that was all that passed—I produce the things.
HENBY WILDDG . I am shopman to Mr. Hawes, pawnbroker, of No. 98, Old-street On 15th Sept the prisoner, Henry Johnson, pawned two screw hammers for 4d.—he gave the name of "John Johnson, housekeeper, 3, Brick-lane"—he came again on 29th Sept. and pawned five files in the same name, and on 8th Oct. he pledged nine rules in the same name; on 30th Sept the prisoner Martha Johnson pledged six trowels—she gave the name of Mary Johnson—on 3rd Oct. she pledged twelve pairs of snuffers, and a measure; on 12th Oct three saws; on 15th Oct. six cranks; on 19th Oct. seven rules; on 26th Oct some fire-irons; on 29th Oct twelve taps; on Slit Oct twelve taps; on 1st Nov. twelve taps; on same day six taps; on 2nd Nov. six planes; and on 3rd Nov. ten taps—I am not aware that either of the other prisoners ever came to our shop—I have produced the property.
Cross-examined. Q. Had you known Henry Johnson before? A. No—I saw him next at Guildhall—he was then in custody—these tickets are not all in my own writing—I took the pledges of him, and had the tickets written by another person—I have not said that I am so clear in reference to the male prisoner as I am in reference to the female, but I have scarcely a doubt on my mind—I said at Guildhall I really believed he was the man, but I could not gay so as positively as I could wish.
Smith. Since my father's death I have pledged things for my mother at Mr. Hawes's shop; there are a great many different Christian names on the tickets, but he never asked the Christian name. Witness. I am not aware that I have ever seen her at our shop.
DAVID HAWKINS . I am shopman to Mr. Walters, a pawnbroker, of Alderogate-street I know Martha Johnson; she has pledged things on several occasions at our shop—on 13th July, she pledged a tenon saw for 18d.; on 8th Oct, a pair of shears for 2d.; on 7th Sept, two rules for 2d.; on 1st Oct, eleven brass taps for 10d.; and on 28th Sept., six bell cranks.
Cross-examined Q. Did you take in the pledges yourself? A. A great portion of them—the brass taps I can swear I took in myself; I cannot swear that I took in any but those—some of these tickets are in my handwriting, not all—I do not know that she pawned the other things, only by the name of Johnson being on the tickets, she being a customer at our shop, and they being the same class of goods, I believe she did pawn them—the goods are all here.
WILLIAM RUSSELL . I am shopman to Miller and Son, pawnbrokers, in the Kingsland-read. I know Henry Johnson—on 30th Sept. he pledged twelve screwdrivers for 2d. in the name of Henry Johnson, No. 23, Red Lion-street; and on 28th Sept., a brass tap for 18d.
Cross-examined. Q. Did you take in those pledges yourself? A. The
screwdrivers I took in, Mr. Sutton took in the brass taps; I was there at the time, I had never seen him before that—I saw him afterwards at Guildhall.
GEORGE FOWLER . I am an ironmonger, at No. 30, Barbican. I have looked at ail the property that has been produced—the nail bags especially I can identify—a small portion of the property has been made for me—these plane irons I can identify by the writing on the paper; it is not a private mark, there is no private mark on them, but I know the handwriting, and I can swear these came from our premises—this bell is a peculiar pattern, and I know that we lost one of this pattern within ten days of its being taken—this frying pan comes from the same manufacturer that we receive ours from, I identify it from that cause, I cannot swear to it in particular; I do not know whether we have lost such a thing—I have the same remark to make as to this tea kettle, it comes from the foundry that we receive our cast iron goods from—this gridiron is of precisely the same manufacture as we sell—I can swear this bag is one of mine, by the mark upon it—the others do not appear to have any mark, they are of the same description—here are two that I can swear to—I cannot tell when they were lost, I cannot limit any time within which they must have been taken—the prisoner Cox has been in my employ about twelve months; he came in Nov. last year, and remained till he was apprehended—we have not missed property during that time; the first we knew of this was when our attention was called to it by the police; the rings produced are of the same kind as those we have in stock, I cannot tell them by any private mark, I cannot speak to losing any—this screw hammer is precisely the same as we have in stock—there is no mark on this parcel of nails by which I can identify them, they are the same as we keep in stock—these files or rasps are of a peculiar kind—we have missed them from our stock since the discovery of the robbery—we had them at Midsummer last—these fire irons I cannot tell by any mark, they are the same patterns as we keep in stock; I do not know that I missed them—these rules are of the same manufacture as mine; I buy of this maker, I cannot identify them beyond that—we have not taken stock since this occurrence; we have traced some articles, but it is a difficult matter to take stock—these brass taps are made by the same brass founder that we deal with; I cannot swear to them, they are precisely the same kind as we keep in stock, and have the same maker's name upon them—these screwdrivers are precisely the same as we keep in stock, there is no particular mark upon them, they have no maker's name upon them, I know them by the way they are made—this saw has the name of the maker on it that we buy from at Sheffield—Cox was a porter in my employ, he had to carry out goods, he had a very great opportunity of taking goods—these were kept in one side of the warehouse that we do not use except for storing goods; he had access to that part of the warehouse—I generally did the warehouse up at night, either myself or the senior young man did it—Cox usually left at 8 o'clock.
Cross-examined. Q. Have you more than one porter? A. We have another, but he very seldom carries out goods—my shop is closed at 8 o'clock—some of these things we get at Birmingham, some in Sheffield, and some in London—there is no private mark on these files, but they are articles that are very seldom sold; it is an unusual size—they are things we have had in stock for two or three years without being able to sell—I do Dot know who we had them from, it is so long ago—we only had one dozen of them, and we have half a dozen remaining now—I have not got
my of them here—I can swear that these were in my stock at Midsummer last—I have searched for them myself recently, and missed them—I have an apprentice and a clerk who sell in the shop beside myself.
COURT. Q. Doyoukeep these brass taps in large quantities? A. We do, in very large quantities; I am certain that we have lost twelve dozens of them since last Midsummer.
Cox. He has sworn to the nail bags, which he knows very well he is in the habit of sending out to his customers; he cannot swear that I took them from his place. Witness. We occasionally give a nail bag to a customer for their use, generally to make mats of; we never sell them—when we send goods into the country, we occasionally pack them in these bags, but never in London.
JOHN FANOETT re-examined. I have got the five duplicates that I found in the box—they are for ten brass taps, pawned for 8s., at Hawes's, in Old street, twelve brass taps for 12s., six cranks for 2s., thirty-six stair rods for 6s., all at Mr. Hawes's, and twelve taps for 10s., at Mr. Lambert's, in Old street—the prisoners have altered some of their tickets.
(MR. O'BRIEN claimed the right of putting the counsel for the prosecution to their election, as to which act of receiving they would rely upon. MR. SLEIGH suggested, that Lord Campbells Act, which permitted three separate acts of stealing to be alleged in one indictment, might so constructively apply to acts of receiving as not to put counsel to their election of any one particular act. MR. JUSTICE ORBSSWELL was of opinion that no such instruction could apply, and that an election must be made. MR. SLEIGH relied on the pledging of the twelve brass taps by Johnson, on 8th oct.)
Cox's Defence. I wish to say, that the ring that was found on Smith I gave to her myself; I purchased six of them; I gave her one out of them, and had four on me when Mr. Brannan, the officer, took me; the things alleged against Mrs. Johnson, as pawning, Mr. Johnson pawned them for me, and I received the money for them; the things that were pawned at the various places I purchased myself.
Smith's Defence. When James Cox gave me the ring, he told me they cost him 6d. in the presence of my brother and sister; the eyelet hole borer I bought some time ago, in the Lowther-arcade, with a workbox full of things; as regards resistance being offered) I did not know that Mrs. Johnson had put the tickets on the fire; I was looking at Mr. Brannan searching Cox, when he said, "Hallo! what are you doing?" he went directly to the fireplace, and flung her across the room; I said, "Don't pull the woman in that way, she is not in a fit state to be pulled;" I did not know what he was going to do till he took the duplicates off the fire, that was all the resistance I offered; I was never in trouble in my life, and know nothing of the robbery.
COX— GUILTY of stealing.
HENRY JOHNSON— GUILTY of receiving. Aged 46.— Confined Eighteen Months.
MARTHA JOHNSON and SMITH— NOT GUILTY .
(Cox was further charged with having been before convicted).
from the person; confined four months)—I was present at the trial; he is the person.
COX—GUILTY. Aged 21.— Six Years Penal Servitude.
NOT GUILTY .
THIRD COURT.—Wednesday, December 14th, 1853.
PRESENT—MR. COMMON SERJEANT and Mr. Ald. WIRE. Before Mr. Common Serjeant and the Sixth Jury.
147. PHILIP WOOLF , stealing 1 pair of boots, 2 waistcoats, 1 gown, and other articles, value 9l. 18d.; the goods of Thomas Octavius Jones, in his dwelling house. (The prisoner being a foreigner the evidence was explained to him by an interpreter.)
GEORGE WATKINS (City policeman). On 5th Dec., about 11 o'clock in the morning, I met the prisoner in South-street, carrying this bundle (produced)—I came up to him in Union-street, touched him on the shoulder, and asked him what he had in the bundle—he said that was his business—I asked him where he got it—he said he bought it in Petticoat-lane, for 15d.—he afterwards said he bought it in the City-road, of a girl—he ran away with the bundle—I went after him, took him, and took the bundle away—it contained a gown, a cloak, two waistcoats, a coat, a pair of trow Ben, and a pair of boots—he had a new coat on, buttoned up under his old one—he afterwards said he bought them of two brothers in the Lane.
THOMAS OCTAVIUS JONES . I am a trimming manufacturer, of Newgate street. On Monday morning, 5th Dec., about 10 o'clock, I came into my warehouse to open it—I occupy the upper part of the house—in consequence of information, I went up into a bed room on the third floor, where I had left everything safe an hour before, and missed two coats, two waistcoats, a pair of trowsers, a silk gown of my wife's, a mantle, and a pair of kid boots—these articles produced are all my property, and were in my room—the prisoner had no business in the house, but about ten days or a fortnight before the robbery I met him on the staircase, and asked him his business, seeing he was a stranger—he spoke in broken English, and said he was looking for a German warehouse—my street door is kept open, the lower part of the house being a warehouse—the value of the things I missed is 8l. or 9l.—it is my dwelling house, and is in the parish of Christ Church.
Prisoner. Q. Are you quite sure I am the man who came before? A. Yes. Prisoner's Defence. It was about half-past 10 o'clock that I bought the things in Petticoat-lane; I had an order from a girl who bought goods of I me sometimes, and I had an appointment with her in the City-road, but I did not find her there; I went back to Petticoat-lane, and the policeman came and took me; I at once told him what the bundle contained; I told him if he would come back with me, I would show him the people where I bought them, but he did not like to do it; I at once cave him my address, but never offered any resistance; it is not true that the prosecutor saw me
in his House before; I have never been there; if I was guilty of it, I would have pleaded guilty at once.
THOMAS OCTAVIUS JONES re-examined. I can positively swear that the prisoner is the man I saw on the stairs—there is an inner door with a bell to it, and he must have watched the news boy in with the paper when the servant admitted him, and got in at that time—the inner door was open when I saw him, and the outer door was always open except at night.
GUILTY .** Aged 35.— Confined Eighteen Month.
Before Mr. Common Serjeant
EDWARD HUMPHREY . I live at Chingford, and am steward to Mr. I Richard Hodson—he had a shed which had fallen down—I missed from it an oak post—I saw it safe about three weeks since, two days before it was missed—I saw it on the Thursday previous to the Saturday when it was taken—I saw it again at Waltham Abbey, two days after I misted it—I do not know it sufficient to swear to it the prisoner was employed for Mr. Hodson, and I knew him.
Cross-examined by MR. PAYNE. Q. Do you know who Hired the prisoner? A. I did—I think he had worked about a fortnight—he lived in that neighbourhood—this post is valued at (6d.—the shed which had fallen was in Hawk Wood—it was not an old shed; I think it was put up some time in June—I saw it had Men on the Thursday, and this port was sticking upright then—the prisoner had worked for Mr. Hodson last winter—Mr. Hodson had ordered this shed to be erected—it was on part of his own estate—he is lord of the manor.
JOSEPH JESSOP . I live at Chingford, and am woodman to Mr. Hodson—put this shed up I think about May this year—I know the wood it was built of—I saw it in its fallen state—I took notice of this post, and this post was lost—I saw it again on the morning after it was taken—this is it—I can swear to it—this was part of the shed—I saw it safe two or three nights before—it was in the ground, leaning on one side; rather out of the perpendicular—it is Mr. Richard Hodson's.
Cross-examined. Q. You had not seen it for two or three days t A. I passed it two or three times a day in general—I erected the shed, another man dug the post holes.
ROBERT ALLEN (policeman, N 382). On the 2nd Dec., I met the prisoner at King's Head-hill, in the parish of Chingford, about three quarters of a mile from Hawk Wood—he had this oak post with him—I stopped him, and asked him where he got it from; he said, he picked it up on the stub ground as he came along—I asked him whose property it was; he said, it belonged to the lord of the manor—I asked him, who gave him leave to take it; he said, No one—he said, he knew he had done wrong, but if I would allow him to take it back again, he would never take any more.
Cross-examined. Q. Did he not say he did not know he had done wrong? A. No; he said he had done wrong.
JURY to JOSEPH JESSOP. Q. Is the stub ground the name of the place where the post was taken from A. Yes; it was a quarter of a mile from the high road—the prisoner was at work near there.
JURY to EDWARD HUMPHREY. Q. What was the prisoner employed about? A. Land draining—he had nothing to do with the wood, and had Ho authority to remove any—when the men were stubbing, they were allowed to take brush wood, but since the last six months they have not been allowed to take any—the prisoner had been cautioned by me not to take large wood—I have no idea what he intended to do with this, unless to use it for fire wood
GUILTY. Aged 30.—Recommended to mercy by the Jury. — Confined Fourteen Days in Newgate.
Before Mr. Recorder.
PLEADED GUILTY . Aged 14.— Confined Three Months.
Before Mr. Recorder
MR. RYLAND conducted the Prosecution.
RICHARD IRWIN WRIGHT . I am a carpenter, and reside at East Greenwich. On Friday evening, 2nd Dec, I had a silver watch in my waistcoat pocket, secured by a guard round my neck—I had it safe about 9 o'clock—I got very tipsy, and do not recollect anything after that till I found myself, at 6 o'clock, the next morning, in the station-house, amongst some prisoners—I am not aware that I had been in the prisoner's company that evening—where I last recollect having my watch was at Mr. Andrews'—I had it not when I awoke in the station-house—I have since seen it—the policeman showed it me—it is mine—I am not aware that I gave it away.
Cross-examined by MR. O'BRIEN. Q. You do not recollect having been drinking with any soldiers? A. No.
JAMES MARSHALL (policeman, R 36). On 3rd Dec., about a quarter past 12 o'clock in the morning, I was on duty in Greenwich-road—I saw the prisoner—he was running towards Woolwich, in a direction coming from. Deptford—I had not known him before—nothing passed between us at that time—I went on round my beat, and in half an hour afterwards I saw him again on the Greenwich-road, against Blue-stile—he inquired of me the way to Deptford—he was walking, and was in company with another soldier—I told him to keep on the north side of the road; it would take him to Deptford—they left me, and crossed from the north side of the road to the south side—I went down the road after them, and in about ten minutes I fell in with the prosecutor, lying on his face on the foot pavement—I turned him over—he was senselessly drunk—this portion of a watch guard fell from his neck—he was taken to the station—I could find no watch upon him—I followed the prisoner and the other soldier up the New Cross-road, and took them to the station—the prisoner was asked if he had a watch about him—he said he had, and that a man gave it him that he had been drinking with, I
and he was going to return it to him again—he produced this watch—the prosecutor was not capable at that time of understanding anything—when he became sensible, I showed him this watch, and he identified it—the prisoner was asked if he knew who the man was that he was drinking with—he said he did not know his name, but he knew him by working in the Dockyard—he was told he was charged with stealing this watch, and he said Mr. Cribb, the landlord of the public house where he had been drinking, would clear him of that, for he was present when the man gave it him in his house.
JOSEPH CRIBB . I keep the Iron-founders' Arms public house, at Greenwich. On Friday evening, 2nd Dec., I saw the prisoner and another soldier, and the prosecutor, in my house—the three of them came in together, about 11 o'clock—the soldiers appeared to be quite sober—I did not observe the prosecutor till I went into the tap, when he called for a pot of half and half, I which was drank amongst them—he was a little intoxicated—he paid me 41l. 2d., instead of 5d., for it—he said he worked for Mr. Joyce, who is an engineer, at Greenwich, and he would pay me the odd halfpenny in the morning—they were in the taproom when they had the half and half; they then came to the bar, and had half a pint of gin, which they drank amongst them—that did not improve the prosecutor—I let him have it because I thought the soldiers were capable of taking care of him—the soldiers ordered the gin, and paid for it—they seemed to be taking care of the prosecutor—he had a watch in his hand, which he was swinging about in a very careless manner—it had a guard chain to it, which was off his neck—I asked him to leave it with me, to take care of till the morning—he refused to do that—this prisoner and the other soldier assisted him, and put the guard round his neck, and put the watch into his pocket—they all went out of the house together, about 20 minutes or half past 11 o'clock—the prosecutor was very much intoxicated—he was assisted out by the prisoner or the other soldier.
MARIA NIVIN . I live with my parents in the Greenwich-road. I was-standing at the door of my father's house on Friday evening the 2nd Dec., about 12 o'clock—I saw the prisoner and the prosecutor—the prosecutor wanted to go into a tobacconist's, or to North Pole-lane—he did not say so, but he pulled to go that way, and the prisoner would not let him—the tobacconist's is at the corner of North Pole-lane—the prosecutor was pulling to go that way, the prisoner said, No, come along mate, put your arm round my neck—he did so, and they went together in the direction of Deptford—the prosecutor appeared very drank, I did not perceive that the prisoner was intoxicated.
Cross-examined by MR. O'BRIEN. Q. Where does North Pole-lane lead to A. To the railway arches; that is not so great a thoroughfare as the way the prisoner took him—there is a Creek-bridge which leads to Deptford, but the prisoner took him a more public way.
COURT to R. J. WRIGHT. Q. Did you ever work in the Dockyard I A. Yes.
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
EDWARD LEGH . I reside at Lewisham, Elizabeth Hart was my cook. I never saw the other prisoners till last Friday night—in consequence of some information I employed a policeman to watch my premises on the 2nd
Dec., but nothing occurred till last Friday night between half past 6 and 7 o'clock—I was walking outside my door, and I saw Elizabeth Hart in the act of letting out of my stable yard gate the other two prisoners—that gate is not used as a door by which persons go to the kitchen—I prevented the prisoners from passing, and at that moment the policeman whom I had employed rushed across the road and apprehended them—he took charge of Angelina Hart and I took Miller, I went with them to the station—the cook followed me from the stable yard gate, and tried to prevent my taking her sisters—she said, " 0, Mr. Legh, don't take my sisters, take me?"—or words to that effect—we allowed the cook to go back, and she was sent for to the station afterwards and was brought there—a bundle was found in possession of Miller, which was opened in my presence—I know the wrapper of the bundle, it is my property, and has my name on it—it is a kitchen cloth—it contained pieces of bread of various sizes—from her pocket was taken a bottle of milk—she had in her hand and carried to the station this jug, which I identify as my property—the jug was full of soup—Angelina Hart had a basket, a bottle of milk, a paper of rice, and a paper of mixed spice—I know this jug, and the cloth—the other things I cannot swear to—there was some beetroot found.
Cross-examined by MR. PAKBY. Q. Is this bundle in the same state as it was when you took these persons? A. It appears so—I have not seen it since—these are the pieces of bread that were in it—the beetroot is not produced, the policeman had it—it was boiled—it was very small—this is the rice and the spice—it was not a page in my service who gave me information—these are the bottles that the milk was in—I have a large family residing in my house, I have five children—I have a governess, a cook, a housemaid, a needlewoman, and a page—I believe the other two prisoners to be the sisters of Elizabeth Hart, my cook—Miller is married, and has two or three children—I have seen Mr. Kemp" her husband's employer—I have three cows—I do not form anything, except occasionally, when we are overdone with an article, I let a neighbour have some—my cook had been in my service about eighteen months—Mrs. Legh had a verbal character with her from her previous mistress—the gate of my stable yard was locked—I have two front entrances to my house; the smaller one leads to the kitchen, which is the way all tradesmen go—both the doors lead to the road—I saw the houses of Miller and Angelina Hart searched; nothing was found belonging to me—I believe Angelina Hart is a dressmaker, and lives with her father—I have ascertained that she had made very frequent visits to my house during the last six months.
JOHN SAUNDERS (policeman, R 178). I was employed in the early part of this month to keep an eye on Mr. Legh's premises—I was there on the night of the 9th of Dec., and about half-past 6 o'clock I saw the prisoners, Miller and Angelina Hart, come to the end of Mr. Legh's house—Miller threw a stone over the wall, and about a minute afterwards the cook let them both in—I remained waiting about half an hour, when the stable yard gate opened; I saw the three prisoners come to the gate—Mr. Legh prevented their coming out—I ran across the road to his assistance—I took the bundle from Miller, and the basket from Angelina Hart—I went to the station house with Mr. Legh and the two prisoners—I left the bundle and basket, and went back and brought the cook from the house—I did not see the basket and bundle examined.
Cross-examined. Q. What has become of the beetroot? A. It was very small; it was boiled, and it got smashed—I believe the milk was sour on
the following morning; I did not taste it—I assisted in searching the house of the prisoners, and the box of the cook—nothing was found that Mr. Legh had reason to complain of.
MR. PARRY to MR. LEGH. Q. Is Thursday's milk generally skimmed for the purpose of making butter? A. We milk the cows twice a day—we make butter only on Fridays—it is made not only from Thursday's milk, but the milk of the whole week—I keep pigs—they have the surplus milk—I occasionally give them bread—the refuse of the house goes to the pigs.
JOHN BAXTER (police inspector). I was at the station when the prisoners were brought there—the articles mentioned were produced—when Elizabeth Hart was brought to the station she said the bread would have been thrown into the pig tub if she had not given it to her sisters, and she hoped Mr. Legh would not detain her sisters, but keep her, as she had given them the various articles.
(Elizabeth Hart received a good character.)
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
JAMES WEBSTER . I am in the service of Mr. Joseph Allworth Pash; he keeps a shoe warehouse, in Old Kent-road, and has a shoe warehouse in Greenwich, where I am employed. On the 9th of Dec., I went up stairs, between 3 and 4 o'clock, leaving Duffield, the assistant, in the shop—when I came down I saw the prisoner standing in the shop, and Duffield was serving a lady—I went to the prisoner, and asked him if he wanted a pair of boots—he said "Yes"—I saw he had a basket in his hand—I was called by Duffield to take a parcel, and on turning round rather quickly I saw the prisoner put a pair of leather boots in his basket—I then went to the prisoner, and showed him several pairs of leather boots—I saw he was not inclined to buy; one pair was too large, and the other too small—I rang the foreman down—when he came I told him what had happened, and I left the shop.
Prisoner. When I came in I had two pairs of boots in my basket. Witness. I do not know what you had—you wanted me to go away, and let the other young man serve you—the pair of boots that you had in your basket you put in before I went to you—I showed you button boots; you said they would not do—I showed you a pair of lace ones; yousaid they would not do, the other young man would serve you.
GEORGE LATON SAPSWORTH . I am employed in Mr. Pash's premises, at Greenwich, as foreman. About 4 o'clock on Friday afternoon, I was rung down—I found the prisoner in the shop, he was looking at several pairs of boots—the last witness told me something—the prisoner offered me a price for a pair of boots which I refused to take—he ultimately agreed to purchase a pair provided I would put some nails in the soles of them, which I agreed to do—I gave them to a person in the shop to do so—that person left the shop to get a hammer to drive the nails in—the prisoner asked me how long it would take to do it; I told him about ten minutes—he said he would go into the neighbouring public house, and return again for them—he walked to the door, and I stopped him and asked him what he had in his basket—he said he would pay for the other pair when he returned—I asked him what else he had in his basket—he told me a pair of shoes that had been mended, he had been to fetch them from a shoemaker—I laid hold of his basket, and took from it a pair of cloth button boots—before I took
them the prisoner had taken out a pair of leather boots—there were two old pairs remaining in the basket after I took the second pair out—the prisoner told me the pair of cloth boots were not my property, they did not belong to me, he had brought them from a shop at Deptford—I have not the slightest doubt that they were my master's property, and the leather ones also—I know them by their general appearance; I have no mark of my own on them—we have a warehouseman at our manufactory—here is 4d. 2d. on them, the selling price—the warehouseman's writing.
COUBT. Q. I suppose you would not take upon yourself to swear to his writing? A. No; but I believe it is, having seen his writing two or three times a week—the mark on this other pair is 4s. 2d., the same price, that is the assistant's writing—the warehouseman and the assistant mark them together.
Prisoner. Q. When I came in to purchase a pair of boots of you, did I not wait a quarter of an hour or twenty minutes? A. You waited about three minutes, that was all—you had the basket in your left hand when you were going out.
COURT. Q. Are you sure he had the basket in his hand? A. I am positive.
WILLIAM LEVINICK (police sergeant R 5). On the afternoon of 9th Dec, I was sent for to Mr. Pash's shop—I found the prisoner and the two witnesses—the prisoner had this basket in his band, he was given into my charge—the last witness had these two pair of new boots in his hand, which he charged the prisoner with stealing—I took him and the boots to the station, and Duffield, who is not here, went to charge him—I searched the basket, and found one pair of women's, and one pair of child's boots in it—both very old—the prisoner said he had fetched them from a shoemaker—I found on him 9d. in money, and two tobacco boxes—before I took him, he said in the shop, I will pay for them—the last witness said, I can't allow that; that won't do"—at the station the prisoner kept talking about going to the shop and waiting for the boots, and that he was coming in again, I cannot recollect what.
Prisoner's Defence. The pair that the witness saw me put in the basket were old ones, I had brought them from a shop in my hand; I am innocent; I have a wife and six children.
GUILTY .— Confined Three Months.
153. MARY COOMBE , stealing on 2nd Dec, at Greenwich, 2 shifts, and 1 shawl, value 9d.; the goods of William Charles Wood: also, on same day, 1 shirt, 1 shift, 1 table cover, and 1 stocking, value 4s. 2d.; of William Earle: also, on same day, at Lewisham, 2 gowns, 1 shift, 2 shirts, 1 handkerchief, 1 table cover, and 1 pinafore, value 7s.; of John Crouch: having been before convicted: to which she
PLEADED GUILTY .*— Confined Twelve Months.
PLEADED GUILTY .** Aged 34.— Confined Twelve Months.
Before Mr. Common Serjeant.
PLEADED GUILTY . Aged 24.— Four Year's Penal Servitude.
PLEADED GUILTY . Aged 18.— Confined Six Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
LOUISA STANTON . My husband keeps a beer cellar, at Kennington. On Saturday, 3rd Dec., the prisoner and another man came to our house, at nearly 9 o'clock in the evening—I had known the prisoner before, but had not seen him for nearly four months—when he came in he asked for a pint of ale; I drew it for him—he gave me a half crown—I put it in my pocket—he said he owed me something, and I was to keep that to make it right—I kept the change—they drank the ale, and then one of them, I think it was the other man, asked for some tobacco—it came to 11l. 2d., and the prisoner gave me a half crown; I gave him 2d. 41l. 2d. change, and put the half crown in my pocket, where I had put the first half crown—I had no other half crown there but the first one—they left the house in a few minutes after they got the tobacco—the other man returned in about a minute alone, and be asked my daughter for change for a half crown—she brought the half crown to me when he gave it her, and she took it back and put it into the till—in a short time I had occasion to look at the silver in my pocket—I was going to give change—I found I had two half crowns only, and they were both bad; the worst I had ever seen—I had no other silver in my pocket; I had in my purse, but not in my pocket—I marked the two half crowns, and gave them to the policeman—I saw my daughter go to the till—there was a bad half crown in the till—my daughter gave me that, and I gave that to the policeman also—they were all three marked—I do not know that I had seen the other man with the prisoner before.
MARTHA JORDAN . I am the daughter of the last witness. I saw the prisoner with another man at my mother's house on the 3rd Dec, about 9 o'clock in the evening—I saw the prisoner pay my mother two half crowns—after that the other man came, alone—the prisoner was outside; I could see his head—the other man asked for change of a half crown, and said he owed Lonie a shilling—I gave him change, and put the half crown in the till immediately—I am quite sure there was not any other half crown in the till—my mother asked me for it in a few minutes, and I went to the till and got it out—I had been in the shop during that time, and no other half crown had been taken; and when I went to the till I found only one half crown in it—I put a cross on it, and gave it to my mother—my mother gave it to the constable.
Prisoner. Q. Did you see me give part of the change that your mother gave me to the other man? A. I do not recollect it.
THOMAS HORTON (police sergeant, L 43). On 3rd Dec, Mrs. Stanton gave me some information, and a description of the men—I took the prisoner on Sunday, 4th Dec, in High street, Vauxhall—when I first saw him, he was standing against a beer shop—I told him I took him for passing counterfeit
money—he said he was not aware that they were bad; that another man, a friend, gave him them to pay a bill ho owed to Mrs. Stanton—I received these three half crowns from Mrs. Stanton.
COURT to Mrs. STANTON. Q. The first two half crowns were given you by the prisoner; did you see where he got them from? A. No.
Prisoner's Defence. I was in my bed, and the man came and got me out; he lent me half a crown which I passed to this woman, I know nothing about its being bad; he then called for some tobacco, he gave me another half crown, and she gave me change and I handed it to him directly; I know nothing about it.
GUILTY . Aged 32.— Confined Twelve Months.
CHARLES ATTREE PENSTON . I live in New-street, Lambeth; it is my dwelling house. I was there on the 17th July—between 3 and 4 o'clock that morning, I heard a noise at the street door—I looked out at the window, and saw the prisoner going down the street with my clothes on—I knew him, he had lodged with me previously—he was going in a direction from my house—he was about fifteen houses off—the houses lie very close, they I are small houses—when I looked out he looked round, and I saw his face—he had a bundle under his arm, and an umbrella in his right hand—I put on my trowsers, and ran down the street—I did not see the prisoner, but I saw a constable—it was quite light, broad day light on Sunday morning—my house is a corner house—there is a fence to it, about nine feet high—when I came down, I found the street door wide open—the drawers in the front parlour were wide open, and the back door wide open which leads into the yard—any one could get over the fence into the yard—I found a mark on the fence where some one had got over, but nothing was broken—I had gone to bed last on the night before, a little after 12 o'clock—I fastened the street door myself—I am positive the back door was latched, but I cannot say whether it was bolted—the street door must have been opened from the inside, because the bolts were undone—I missed a black coat, a pair of trowsers, and the other articles mentioned—they had been in the drawers in the front room on the night before—I have a very sharp dog who would bark at a stranger, but he knew the prisoner well—I afterwards heard that the prisoner was loitering about the workhouse—I got an officer, and gave him in charge—I charged him with stealing the clothes, he said he knew nothing about it.
Prisoner. Q. What did you see on me? A. You had my clothes on, and you had a plaid shawl which I knew to be mine—you were about fifteen doors off the house.
JOSEPH MASTERS (policeman, L 82). I was on duty on the morning of the 17th July, between 3 and 4 o'clock—the prisoner passed me as I was standing at tie corner of the street, where the last witness lives—he was dressed very respectably, and had an umbrella in his hand and a small bundle—soon afterwards the prosecutor came down the street, with only his trowsers on—I went with him after the prisoner, but could not see him—I could not positively swear that the prisoner is the man—I believe him to be the man.
Prisoner. Q. How far was I from the prosecutor's house? A. About
100 yards; the prosecutor's house is the corner house in New-street, Vaux hall—I believe you had a hat on.
Prisoners Defence. I am innocent, I was down at Brighton that morning.
JURY to MR. PENSTON. Q. Had the prisoner been at your house between the time that he left you and the robbery? A. Yes; he had been at my house on the Saturday afternoon before that Sunday morning—he is, I am sorry to say, my wife's brother—I had furnished him with clothes, and money—I saw him on the Saturday night, and he had the same clothes on that he has now, but he had my clothes on on the Sunday morning, and a bundle with him.
GUILTY . Aged 24.— Confined Eighteen Months.
159. HENRY PEARCE , stealing in the dwelling-house of George Hallett, at Lambeth, 3 pairs of trowsers and 3 coats, value 2l. 8d.; the goods of William Clark; and afterwards burglariously breaking out of the said dwelling house.
WILLIAM CLARK . I am in the employ of Messrs. Hallett, of Broad-wall, Lambeth. This cloth, three pairs of trowsers, and three coats (produced) are mine, and were safe in a little sitting room on the ground floor of Mr. Hallett's house, when I went to bed, at 1 o'clock, yesterday morning—I bolted the entrance door before I went to bed, and when I came down, to let our workmen in, at 5 minutes before 6 o'clock in the morning, it was standing open—the window of the small parlour is not quite four feet from the ground—I found it open—a person could get in there—I cannot swear that it was closed the night before—this pair of light trowsers I cut short myself, and put the pieces into a drawer in the same room, which was shut, but not locked—I did not miss the pieces till they were shown to me—these are them (produced).
HENRY HOUGHAM (policeman). About a quarter past 6 o'clock, yesterday morning, I went to the prosecutor's premises, and found the place had been robbed—I found traces over a shed in the rear of No. 40, Broad-wall, which led me to a yard of another house at the rear of the prosecutor's house—I entered that house by the front door, and found this property, covered up with this coat, in which I found the bottoms of a pair of trowsers, one piece in each pocket—afterwards, about 8 o'clock, I saw the prisoner within thirty yards on the opposite side of the way to where I found the property, and took him into custody—I told him it was for breaking into the premises at the back of No. 45, and taking some property—he said he knew nothing at all about it
THOMAS PEARCE . I am a greengrocer, of Halford-street. The prisoner is my brother—I know this jacket; I made my brother a present of it about a month ago, and he wore it occasionally when he was out with the cart—he has sometimes worked with me since he left Ipswich, on and off, earning his victuals—he wore it a day or two previously—he left me the night before, a little after 9 o'clock, between 9 and 10 o'clock, and said he was going to wash himself—I pay the rent of the house No. 45, and have lodgers there, and in the garret I sometimes put sacks of potatoes—the place is in a miserable state altogether—there are no locks on it—I partly occupy it.
Prisoner's Defence. I know nothing of the robbery.
GUILTY of Stealing only. — Confined Twelve Months.
>ADJOURNED TO MONDAY, JANUARY 2ND, 1854.