CENTRAL CRIMINAL COURT.
SIDNEY, MAYOR. THIRD 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, January 2nd, 1854.
PRESENT—The Right Hon. the LORD MAYOR; Sir JOHN MUSGROVE, Bart, Ald.; Mr. RECORDER; Mr. Ald. MOON; Sir ROBERT WALTER CARDEN, Knt. Ald.; Mr. Ald. FINNIS; and Mr. Ald. CUBITT.
Before Mr. Recorder and the First Jury.
160. FREDERICK ROSENTHAL CRUTCHLEY was indicted (together with William Morton, who was convicted at the last Session, see page 149) for unlawfully obtaining money by false pretences, and for conspiring to cheat and defraud Caroline Burton.
MESSRS. BALLANTINE and ROBINSON conducted the Prosecution.
CAROLINE BURTON . I was married to Mr. Burton in Feb., 1853; his name is Thomas Jones Burton. In the year 1852 I became acquainted with the defendant Crutchley; he was introduced to me by a person of the name of Stanborough—the first transaction between us was his getting me to discount a bill for 20l.—I did discount it—I think it was upon the application of Stanborough, who was to take it to Mr. Crutchley, at Brighton—I was asked, as a very great favour, if I would lend him that money; and I never, until then, discounted a bill in my life, or ever did to anybody but them—before that bill became due, an application was made to me by Crutchley, with regard to another bill—that was a bill for 300l.—it was represented to me by Crutchley that a lady of the name of Nash wanted some money—the bill purported to be drawn by her—I made inquiries about it—I went to a Miss Bowles—I made inquiries about every bill, though I have been so deceived—I gave back the 20l. bill and 250l. in money for that 300l. bill—that was 270l. which I advanced upon that bill—that was what he himself said I ought to give—I never suggested what I was to give—it was Crutchley's own suggestion—I did not know what I was to give—before that bill of 300l. became due, another bill was offered to me by Crutchley—that was a bill of a person of the name of Rawson, upon Wright; it wag a promissory
note for 1,000l.—Crutchley brought it me—by the tenor of that note I should say that Wright was to pay the money upon it—it might be from Wright to Rawson, I cannot say—I am sure Wright was the person that was to pay it—when Crutchley brought me that note he told me that Wright was a man of large fortune; landed property in Northumberland—he told me the name of the place where he lived was Whitley-court—that was the name of his residence—I asked Crutchley particularly that I might see Wright; but he always told me, throughout the whole affair, that Wright was a person that did not wish to have anything to do with ladies; that it was all right; but that I could not see him, because he did not wish to have anything to do with ladies in the affair; but that he would see that it was all right—I said I could not advance such a large sum of money; that I had never done anything of the kind; and that I could not do it unless I knew that Mr. Wright was really the man of fortune that he was represented to be—upon that Crutchley said, "There is a gentleman, a friend of his, who will be up in London about this time, and you had better come and see this person, and he will satisfy you who and what Mr. Wright is"—it was then arranged that I and Crutchley were to go and see this person—I cannot remember the day on which we went, but it was in the beginning of May, because I know on the 13th May I went to Childs', the bankers', to draw out the money—Crutchley and Stanborough went with me to see this person—we went in a cab together—Stanborough got out before we got to the place—I cannot swear where the place was—I was talking at the time, and I really do not know—it was at an hotel, either in Berners-street or the lower part of Oxford-street, or Holborn—it was a large hotel—when we got there Mr. Crutchley inquired for Mr. Gray or Grake—I cannot exactly remember the name, but it was not Morton—I am quite sure of that—he asked if this Mr. Gray or Grake was within—the answer was that he was—Crutchley then said to me, "You had better go up alone, because you can ask questions better without me than with me; ask every thing you like"—I went up alone, and was introduced into a room where I saw a person who I have since known as Morton, and who was tried here last Session, and convicted—he is the person who was represented to me as Mr. Gray or Grake—he was sitting there with a bag of papers, like a lawyer—I said I had come to inquire about a Mr. Wright, who I was told was a man of large landed property in Northumberland, that I was going to lend some money, and wished to know if he was highly respectable, and a man of fortune—Morton said that he was a man of large fortune, and highly respectable—he said, "Your money is as safe as possible," and said that the fortune was in Northumberland, and consisted of landed estates; that the residence was Whitley-court, and that he was a near neighbour of his, and the money was as safe as could possibly be—before I left, Crutchley came up stairs into the room, and said, "Well, have you asked what questions you pleased of Mr. Gray?" or "Grake"—I said, "Yes"—he said, "Are you satisfied?"—I said, "Yes; this gentleman says he is a near neighbour of his, and is a man of large fortune, and my money is perfectly safe"—I said I wanted to see Mr. Wright; he said I could not, and I said I must have the money back in October, as that was the time I wanted it—Crutchley assured me that I should have it, and I lent the money—I went to Childs', the bankers', to get it; Crutchley went with me—I advanced a 300l. note and about 650l., 660l. or 670l. in cash; it was 970l. altogether, but you know I have never had a farthing back—I had 378l. from Childs'—about June, Crutchley came to me again with a bill of 2,000l., drawn by Colonel
Bulkeley on Mr. Wright—I said I knew something of Mr. Bulkeley; I knew the lady he had married, and I did not think he was a man of large fortune; Mr. Crutchley assured me that he was—of course I advanced the money again—Crutchley said it was all right about "Wright, and he repeated to me in the most solemn manner that it was all right, that I should never lose any of the money, that it was as safe as possible—in consequence of those representations, I gave back the 1,000l. bill, and 700l. in money for the 2,000l. bill—I have got that written down on a piece of paper, which I can swear to—it is only a scrap of paper—I received 300l. for discount—he was the person that suggested it, and I had confidence in him, and thought him very honourable—it was the bond that was to be paid in Oct.—the 2,000l. bill would fall due in about two or three months—about the middle of Aug. Crutchley came to me, and said he had been thinking of the affair, and it would be much better to change the bill into a bond, because it would be so much more secure—I asked him over and over again; and I asked Stanborough the same, and he said it would be so much more secure on land, on his own Land, his estates at Whitley-court—the bond was to be for 2,600l., and I was to go with him to Mr. Boucher, a lawyer, at Guildhall, for the bond to be given—I saw a letter from Wright at Mr. Boucher's at that time, saying that he should be in funds in Oct.—Crutchley showed it to me—this (produced) is the bond—it purports to be made from Wright to Crutchley; and I said it was a very extraordinary thing, as the money was mine, that it should be made out to him, and he said that made no difference—he always said Mr. Wright did not wish to have anything to do with ladies—that was told me every time—before the bond was signed, I said I could not advance so much as the additional 600l., and Crutchley said, "I will join you in doing it"—he said he would pay 200l., and I was to pay the rest—I paid about 250l. or 300l.—I gave back the 2,000l. bill of Captain Bulkeley, and gave 250l. or 300l. to Crutchley—he was to make up the difference—I never had the bond myself at that time, it was kept by Mr. Boucher—in Dec., 1852, or Jan., 1853, Crutchley called on me, and said if I gave him a bill for 150l., I should have his interest in the bond—I did so, and Mr. Burton has paid it since my marriage—between Oct. and that time I had made application constantly to Crutchley for the money, which was to be paid in Oct., and he said he did not suppose it made any difference to me, as I was receiving 5l. per cent, and he supposed it was not convenient to Mr. Wright—I have never received the 5l. per cent.—I asked him for it several times, whenever I saw him, because I wanted the money—I told him repeatedly that I never should have lent it if he had not assured me that I should have it back in Oct.—I have frequently seen Mr. Wright, and he assured me that he had not 20s. in the world—if I had once seen him, I never would have lent him the money—I first saw him two or three months ago, when this trial was first coming on—with great difficulty he had been found—I went to a house to identify Morton, and there I saw Wright—I saw a person named Wright at the Police-court at the time when Crutchley and Morton were under examination—I heard Wright examined—there was no other Wright examined with reference to this particular case—I do not speak about his personal appearance, because a most gentlemanly man may look vulgar; but I never saw a more vulgar, low man than he was—just before my marriage, I told the defendant he had always promised me that the money should be paid on 18th Feb.; and after my marriage, when I came back from Paris, which was much about
that time, I spoke to him about it, and he then said he had done a great deal better for me, he had made it into another bond for 2,700l., and it would not now be paid till 1855, and I was to receive 5l. per cent., for it, and he had added another 100l. for the interest—nothing was advanced by me after that—that bond was in Mr. Boucher's hands, and we paid 17l. for preparing it—I have never received any portion of the money I advanced—I afterwards called on Mr. Crutchley, at his residence, and frequently spoke to him about it—a few days before the last Session, I was at a ball at Willis's rooms, and saw Mr. Hawke, Crutchley's solicitor, there—he joined in a game at whist, at which I was engaged, and asked me if I would speak to him after the game was over, and by his inducement I went with him to Crutchley, in the Bench, and saw him.
Cross-examined by MR. PARRY. Q. The first bill you discounted in your life was this 20l. one? A. Yes; I had never discounted bills through Mr. Stanborough—he is not here; he was not here on the last occasion—I have seen him since these proceedings originated—I do not think I ever got any bills discounted, or discounted any through him—I certainly said, when I gave my evidence, that I never discounted any bills but through Crutchley and Stanborough—they were united very much, and I thought they were in partnership—I should certainly say I never discounted any other bill before this 20l. one; I cannot say more—I have two or three times in my life discounted bills, from kindness and charity, but I think it has been since this, and I have received no interest whatever for them—I cannot undertake to swear it was since; but there are some ladies who I discounted bills for, from kindness, and I have never been paid yet—I have occasionally speculated in many matters, but I do not see what that has to do with a person defrauding me—I have been in the habit of speculating in shares, and things of that kind, a little—I believe the defendant came of age in March, 1853—I repeatedly said to him, "I know you are not of age, and therefore I have no legal claim on you;" but he assured me that he was honourable—I cannot tell you Morton's age, who was tried here last Session, nor Wright's age—Morton may perhaps be two or three-and-thirty; I cannot tell—I know Crutchley's family, and he constantly told me not to mention these affairs at his house to his parents—I visited his mother and sisters in the summer of 1852—I was on friendly terms, so as occasionally to take meals there, and I invited them to my house—we interchanged courtesies and hospitalities—I know nothing about one of the Misses Crutchley's selling a portion which belonged to her, for the purpose of my husband carrying on his business—I may have heard it, and I may not; I have nothing to do with the business.
Q. Do you know whether, when this young man came of age, that he became a partner of your husband? A. Upon my honour, I do not know anything of the affairs of the business; I have an independent fortune—my husband is a Church decorator, in Wigmore-street, but it has nothing to do with me.
Q. Do not you know, as well as that I am speaking to you, that this young man, when he came of age, sold whatever property he had, and advanced upwards of 2,000l. to your husband in March, 1853? A. I do not; I have heard that there has been some squabbling about money, but I have never listened to it; it does not at all concern me.
Q. Is not a Chancery suit pending which was instituted by this young man against your husband, and has it not been a matter of constant conversation between you and your solicitor? A. Not with me; I have never
consulted the solicitor in the least about it—I was told, to my utter surprise, that this young man had chosen to call himself my next friend, and as he had been a very kind friend to me, I thought that was all I had to do with it—before this indictment was preferred, I heard that he had instituted a Chancery suit, but I do not know anything about it—I never spoke to the solicitor about it, but I was spoken to about it, and certainly disclaimed his being my next friend—I have never heard my husband threaten to ruin this young man; I believe he is too good a man—I believe Mr. Crutchley went out of town in Aug., 1852—he was out of town a few weeks, I should think; I do not know that it was longer—he went after I had got the bond—I believe this letter (produced) is my husband's writing—this other letter (produced) is my husband's writing—I made inquiry about Mrs. Nash through Miss Bowles—I did not make inquiries about Captain Bulkeley at all; I had known his family, and I believed him to be honest—I relied on Crutchley as regards Captain Bulkeley, and I knew him to be a gentleman, and a very different man to Wright, I should say; that is from what I now know of Wright—they said that Wright was not here on the morning when the last trial took place; I never saw him then—I have seen him frequently—I have never given Wright one farthing at any time—I have never authorized any one to do so for me—he has certainly not been maintained by me, or by any one I know—at the time I visited Crutchley's mother, Mrs. Millbank, she resided in Harewood-street, Harewood-square—I asked Mr. Stanborough to make inquiries about Rawson for me—I asked him at the same time to make inquiries about Mr. Wright for me—I took every precaution I could—I have not seen Stanborough for these two or three months; I do not know exactly how long, perhaps two months—his family are respectable, but he, I think, cannot be—his family are very poor, but I believe his mother is a very, lady-like woman—I have certainly lent them money, which they have never repaid me—I lent the mother 30l., which I shall never see again—that was without any bill at all—I know they are very poor—I do not know that they are otherwise than respectable—I do not recollect that the name of Lord Hastings was mentioned to me by any one—I never made any inquiries at all from Lord Hastings—I cannot say that Stanborough might not have done so—I never told him to do so—he told me that Rawson was of a very respectable family.
MR. BALLANTINE. Q. Had you known Crutchley before Stanborough introduced you to him? A. Never; upon that introduction, I became acquainted with the rest of his family; and while these transactions were going on, I was in the habit of visiting them occasionally—I married Mr. Burton on 7th Feb.; I saw him for the first time in July last year—I was introduced to him by his mother—Crutchley is related to Mr. Burton; he is a cousin—I was acquainte dwith that fact at the time of my introduction—I was told that he was a cousin of theirs—Mrs. Millbank told me so—it was in that way I was introduced.
Q. You say you have heard of some proceedings in Chancery, have you heard what they were for? A. I did not listen to it; it was never spoken of to me—I have never seen a solicitor upon the subject, about Mr. Burton's affairs—I was told that Crutchley had instituted a suit in Chancery, and that he called himself my next friend, and wanted to have some settlement; what it was I do not know; it was some settlement made upon me of my own property—I was not in the least a party to that suit—I was never consulted—I did not at all desire it—I took my affidavit that I did not wish it—I have heard that Miss Crutchley has advanced money, but I
never heard it from her, nor did I ever inquire—I do not know when it was advanced—I am told that it has been repaid; everything has been repaid—from the same source that I heard of its advance, I heard that it was repaid—I heard it principally from Mr. Surman, a lawyer, to whom I went.
MR. PARRY. Q. Is Mr. Burton here? A. He came here with me.
MR. BALLANTINE. Q. I believe he was not examined before the Magistrate? A. No; he was not examined on the last trial; he had nothing to do with it—all these transactions were prior to my marriage; he was not acquainted with any one of them—he knew nothing about it, till about a fortnight before we were married, when I first mentioned it to him.
ANTHONY STEVENSON . I am an attorney, carrying on business in Victoria-street. I know Morton—I was the solicitor opposing him under his bankruptcy—his bankruptcy, I think, was prior to May last, probably a month earlier—I know his handwriting (looking at a number of letters)—this letter of 5th Feb., 1853, is in his handwriting—this other is signed in initial only, but it is his handwriting, and these others also—this purports to be his balance sheet, when he passed through the Court—the signature to each page is his handwriting.
FREDERICK HART . I am clerk to the official assignee under Morton's bankruptcy—I have produced this balance sheet—I also produce a bill for 2,000l. drawn by Wright, and purporting to be accepted by L. Bulkeley; that was produced on the bankruptcy.
MR. PARRY. Q. These are not the whole proceedings, are they? A. No; this is the balance sheet filed in the office—there were some affidavits also filed; they are not here—I was only requested to bring this—(read)—"Property given up, bill drawn by W. Wright, Esq., of Northumberland, on Captain Lemprier Bulkeley, of Yew Tree-house, Painswick, dated 1852, at four months, for 2,000l., in part of which I give the said Captain Bulkeley, 50l."
Cross-examined. Q. You simply produce that balance sheet? A. Yes; I do not know whether any affidavits were filed with reference to this matter—I know there are other proceedings which I do not produce—whether they have any reference to this matter I do not know.
ANTHONY BOUCHER . I am an attorney. I am the attesting witness to this bond—I prepared it by the instructions of Mr. Burton and Mr. Crutchley—Mr. Crutchley had been a client of mine—as far as my recollection goes, they both came together when it was first mentioned to me—I had not known the lady before—I know nothing whatever of the circumstance.
Cross-examined. Q. Had you been concerned for Mr. Crutchley? A. Yes; I once had matters of business with his family—his sister was entitled to property under her father's will, and the prisoner also—all the children were—it consisted principally of houses—I believe it was not sold—it was not to be sold until they were twenty-four—portions of it had been mortgaged by his brothers—I cannot give you a very good idea of what the prisoner will be entitled to when he comes of age, because it is leasehold property, and it is difficult to say—I have often considered it would be worth 3,000l. or 4,000l.
COURT. Q. Do you mean the whole property to be divided? A. No; each share.
MR. PARRY. Q. This bond was left in your custody, was it not? A. Yes; subsequently another bond was executed—that was also left in my
custody to get stamped—when I saw Mrs. Barton I did not volunteer to make inquiries for her or anything of that sort, because the transaction was complete when it was brought to my office—these two bonds were afterwards given up to a gentleman named Allway, on the costs of the settlement being paid—I have not got Mr. Burton's letter here of the date, but it was after March.
MR. BALLANTINE. Q. Do you know enough of Mr. Cutchley's affairs to tell me what he really was worth when he was twenty-one; was he worth one single farthing, or could he have realised a sixpence? A. Certainly; I knew of his being in the Queen's Bench Prison after he had been there some time—I do not know that he got there immediately he came of age—I do not know when he came there—I did not learn of his being there, until some long time after he was there—(MR. PARRY stated that the prisoner was of age in March, 1853)—I cannot exactly say when I learnt that he was in prison, without referring to my books—I was not his private solicitor after he became of age—I do not know when I learnt that he was in prison, it may have been three or four months ago—I have been told that he has remained in prison up to the present time—the property I speak of was leasehold and freehold—he was not entitled to anything until he should be twenty-four, but he could borrow money upon a policy of assurance—the property is encumbered by his two brothers—it is not encumbered, so far as his share is concerned, to my knowledge, so as to prevent its being available for the purpose of borrowing money upon it—he may have encumbered it without my knowledge—I do not of my personal knowledge know that he has encumbered it—I have been told that he has raised some money—I have no reason to doubt the truth of that—I do not know how much—I have never inquired—I can only tell the value of the property by papers that were put before me years ago—I do not give any opinion as to the value of property, without knowing the extent to which it was encumbered—this property, supposing it is unencumbered, is certainly worth 2,000l. I should say, but to what extent it is encumbered I do not know.
MR. PARRY. Q. Have you not heard that he has raised money upon this property for the purpose of making advances to Mr. Burton? A. I understood it was for the purpose of his going into partnership.
MR. BALLANTINE. Q. Did you see Mr. Wright sign that deed? A. Yes, I did—I did not see the same person examined at the police court—I was not in the room—I did not see him at the police court, or about the court.
JOHN BERT . I witnessed the execution of this deed by Wright—it is a bond for 2,700l.—I saw Wright execute it—I did not hear the same person examined at the police court, I saw him there—I know his handwriting—I believe the signature to this deposition (looking at it) to be Wright's Handwriting—he is described in the bond as William Clarke Wright, of No. 14, Windsor-terrace, Great Yarmouth, in the county of Norfolk, and of Whitley-park, in the county of Northumberland, gentleman—I have known Wright about twenty years—I should say that he was not a person of any property or possessions during the years 1852 and 1853—so far as I knew, he was not a person possessing a park or a large landed estate—I do not know anything of his circumstances—I know he has been bankrupt—I believe that was five or six years ago—I have only occasionally seen him since, very seldom—I was a creditor under the bankruptcy—I should say he is not a person of any means at all—he was certificated, and discharged—I knew he was in prison, and I knew that he was released.
Cross-examined. Q. Did you see Wright here on the morning of the last trial? A. No, I did not—in 1852 he was not a man of any substance at all—I understood that he was entitled to a very considerable property at Whitley-park, in Northumberland—I have no idea at all as to the amount of it—I understood that there was enough to pay the creditors twenty shillings in the pound, and leave a handsome surplus for himself after the bankruptcy—the bankruptcy was in 1848—he is described as of Whitley-park in this second bond—I do not know who prepared that—he brought it to me to witness it for him.
MR. BALLANTINE. Q. What was the debt due to you? A. I proved under his estate between 40l. and 50l.—I received nothing—he has not at present, at all events, come into his estate.
MR. BOUCHER re-examined. I prepared this second bond by the direction of Mrs. Burton and Mr. Crutchley, both together—it is for 100l. more.
COURT to MR. BERT. Q. What did you mean by saying you knew that Wright was entitled to large property in Northumberland? A. I have known him about twenty years, and I knew him when he lived there—as I understood, he was entitled to a good deal of property over there—I do not know whether that was inquired into at the time of his bankruptcy—I had nothing to do with that—nothing was ever realised on it—what I mean is, that I understood that he made some such claim.
MR. PARRY. Q. Where did you know him? A. I knew him when he lived at Whitley-park, some years ago.
COURT. Q. At Whitley-park, and in Northumberland? A. I knew he was living in Northumberland; I am not certain that it was at Whitley-park; I never saw him there—he told me that he lived there.
JAMES GRAHAM LEWIS . I am solicitor for the prosecution. I received the letters which I have in my hand from William Clarke Wright; he is the person that was examined at the police court—he was bound over to appear here—I saw him the day before the last trial—I have not seen anything of him since; I have used endeavours to do so—at the first examination only Morton was in custody—Mr. Hawke, the clerk of Mr. Lawrence, appeared as Morton's solicitor—he stated that he was the solicitor for Morton, and he cross-examined Mrs. Burton for Morton—on the next occasion, when Crutchley appeared, Mr. Parry appeared for Crutchley, instructed by the same gentleman, and the same gentleman appeared for Morton—at the trial of Morton, I saw Mr. Hawke sitting by the side of Mr. Parry, and afterwards Mr. Lawrence.
Cross-examined. Q. Was Morton defended by Mr. Ribton? A. Yes—you took no part in the trial on behalf of Morton, nothing more than remaining to hear it.
MR. BALLANTINE. Q. Who was Mr. Ribton instructed by? A. I do not know—the bill produced for 2,000l., signed "William C. Wright," is in the handwriting of Wright—I have seen him write several times.
The following letters were put in and read: "To W. C. Wright, Esq. 26th April, 1852. Dear Sir,—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. Edmund's. 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. C. Wright, Esq., Post-office, Bury St. Edmund's. 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. C. Wright, Esq., Bury St. Edmund's. 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. Edmund's. 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 R. N. 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. Edmund's;" 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. Colliers, of Park-place. Also refer for Captain B. to—Sheed, 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 he 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 you. 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, or 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 done. Faithfully yours, W. M."—"W. C. Wright, Esq., No. 14, Windsorterrace, Tower-road, Yarmouth. Dear Wright,—I received yours of Friday, and am glad to hear you are well; I did not go to Doncaster, 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. 15th, 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.'s illness, and trust she will soon recover; please give my kind respects. I hope to hear from you, and please let me know if you intend to winter at Great Yarmouth. P. S. Mrs. M. intends writing to Mrs. Wright."—"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 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 Mrs. O. I think it is not unlikely that I shall be in Yarmouth next 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 haste, 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. 26th, 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. Pray 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 29th, 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 to-morrow's post, but do not fail. Yours truly, W. M."—"To W. C. Wright, Esq., No, 14, Windsor-terrace, Tower-road, Great Yarmouth." Signed, "W. Morton." "Burdon's Hotel, Cripplegate, 31st Jan., 1853. My dear Wright,—Fred called here to-day, 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 mornings 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 rest assured 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."—(Two other letters, doled 5th Feb., 1853, were also read.)—"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."
COURT to MRS. BURTON. Q. Was your name Onslow before you were married to Mr. Burton? A. Yes; my husband was a clergyman.
GUILTY. Aged 21.—Recommended to mercy by the Jury on account of his youth. — Confined Two Years.
(A similar sentence was passed upon Morton.)
NEW COURT.—Monday, January 2nd, 1854.
PRESENT—Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fourth Jury.
PLEADED GUILTY . Aged 21.— Confined Eighteen Months.
PLEADED GUILTY . Aged 18.— Confined Twelve Months.
PLEADED GUILTY . Aged 21.— Confined Three Months.
164. THOMAS WHITE and WILLIAM BOWLESS , stealing 1 handkerchief, value 2s.; the goods of a man unknown, from his person; also, stealing 1 handkerchief, value 2s.; the goods of John James, from his person: to which
WHITE PLEADED GUILTY . Aged 32.— Confined Twelve Months.
BOWLESS PLEADED GUILTY . Aged 19.— Confined Six Months.
PLEADED GUILTY . Aged 23.— Confined Six Months.
PLEADED GUILTY . Aged 22.— Confined Four Months.
HENRY COLE . I am in the service of Mr. Gurney, of West Ham. On the 27th Dec, about 12 o'clock at noon, I was on the box of his carriage in Bishopsgate-street—there was no one in the carriage—it was standing still—I felt a jerk at the carriage—I turned round, and saw this man with half his body inside the door of the carriage—he had the shawl on his arm, and was in the act of taking a reticule bag and umbrella from the carriage—when I turned round he looked me in the face, snatched the articles from the carriage, and ran away with them down Camomile-street—I jumped down from the carriage, and followed him—he dropped the things in Camomile-street, as I was running after him—I followed him up St. Mary Axe, and came up with him just as the policeman stopped him—I had only lost sight of him as he turned the corner—I am sure the man who was stopped was the same man who ran off with the things—I saw him drop them, and a person took them up and gave them to me—they belonged to Miss Sarah Gurney, she had come up in the carriage that day—I had set her down at Houndsditch.
Cross-examined by MR. SLEIGH. Q. Had you ever seen the prisoner before that day? A. No; I told the Magistrate that the prisoner turned and looked me in the face, and it was taken down and read over to me and
I signed it—I have a perfect recollection of it—this is my writing to this deposition—(the deposition being read did not contain the statement that the prisoner looked at him).
ROBERT HILTON LEE (City policeman, 642). About 10 minutes past 12 o'clock on the 27th Dec, I was on duty in St. Mary Axe—I saw the prisoner running—I heard a cry and stopped him—he said, "I did not do it; I know nothing about it"—I had not said a word to him about it—I was too much out of breath—these articles were in possession of the last witness.
Cross-examined. Q. There were a good many otter persons running? A. Yes, in Camomile-street; 200 or 300 I should think—the prisoner was stopped in St. Mary Axe—I have made some inquiries respecting him—he gave a correct name and address, and some money he had on him he told me he had taken out of the savings bank, I found that to be correct—another person held out his arm and stopped the prisoner, and I came up directly.
JURY. Q. Where did you see him drop the things? A. In Camomile-street—I lost sight of him after he dropped the articles.
JURY to ROBERT HILTON LEE. Q. When you saw the prisoner running, was he in front of the crowd? A. Yes; some distance, from twenty to thirty yards in front, and was running as fast as he could—the crowd had not turned the corner—the crowd was pursuing this man, and there was a cry of "Stop thief!"
(The prisoner received a good character.)
GUILTY . Aged 53.— Confined Three Months.
PLEADED GUILTY . Aged 21.— Confined Twelve Months.
(The prisoner received a good character.)
MR. PEARCE conducted the Prosecution.
WILLIAM BOUGHTON KING . I am the publisher of the Wesleyan Times newspaper. The day of its publication is Monday—on Monday, 26th Dec., the three prisoners were in my employ, as packers and folders—the paper is printed in the Strand, and brought to my office about 12 or 1 o'clock—on Monday, 26th Dec., some papers were brought to my office, and taken into the folding room, and some coven were taken for the papers of the London district—the covers are previously directed by a clerk in my employ, and these are what the papers are to be folded and wrapped in—no papers ought to come out of that folding room except those directed for the customers in that way—I observed Bell come out that day with a bag of papers in a post-office bag, and in consequence of information I requested him to put that bag in the front office or shop, and immediately after leaving it there the three prisoners went out; while they were gone I had the bag opened in my presence, and found in it this quire of papers (looking at them); none of these papers ought to have been in that bag in this state—on the prisoners' return they went into the folding room again—Baldwin
and Bell came out of the folding room (Rowan was in the back premises), Baldwin and Bell brought out more papers, which they put into the bag which Bell had left previously in the office—this quire of papers was then on the top of the bag, and they must undoubtedly have been seen by Baldwin and Bell—I then directed Bell to take the bag to the post-office—he did not take it, but Baldwin did, and Bell went back into the folding room to Rowan.
JAMES KING . I am in the employ of the last witness, he is the publisher of the Wesleyan Times. On the 26th Dec., Bell asked me for the covers for the district, the twopenny district, as we call it—I gave him the covers for all within the twelve miles circuit—I afterwards saw some papers in quires taken in the room—about 12 o'clock that day, in consequence of some communication, I opened the leather bag from the post-office—there ought not to be in that bag any papers except in the folded state—I found this quire of papers, in a quire—my brother directed Bell to take this bag—that was after the prisoners had all been in the folding room, and had had some conversation—Bell did not take the bag, but Baldwin took it on his shoulder, and I received directions to follow him—on proceeding up White Friars-street, he ought to turn to the right to go to the receiving house for the post-office—he did turn to the right, and immediately he got past the window he turned and went back to the Boar's Head public house, which is two doors from White Friars-street, on the left—I followed, and said to him, "Take this to the post-office first," he did, and I followed him—he put down the bag in the receiving house, and I said, "I think I will have this bag brought back, you may want it this evening"—I asked the person in the receiving house whether I might have it back; he said, "No"—I said, "Then I must have it opened"—Baldwin made to the door, and I said, "If you don't stay and see the bag opened, I will send for a policeman"—he made away, and I did not see him again till he was in custody.
Baldwin's Defence. Bell said to me, "Take that bag to the post-office;" I went to get a half pint of beer, as I had had no breakfast; Mr. King said, "Take the bag there," and I did; when it was opened I saw these papers; I did not know they were there, nor who put them in; I was not there when they were put in; I was asked to take the bag, which I did.
COURT to WILLIAM BOUGHTON KING. Q. Are there any other persons employed in that folding room? A. No; and no one could have access to that room unless they pass me to go there.
(Richard Hay, a publisher, in Catherine-street, gave Rowan a good character.)
BELL— GUILTY of stealing.[ Judgement Respited. See original trial image.] Aged 31.
BALDWIN— GUILTY of receiving. Aged 27. Judgement Respited
ROWAN— NOT GUILTY .
THOMAS BRADSHAW (police sergeant, T 20). On Tuesday evening, the 13th Dec, I was near the Old Uxbridge-road, about a quarter before 7 o'clock; I saw the two prisoners and another with them, coming in a direction from Hammersmith; Dean was carrying a bag, and Rainey had something under his arm—I followed them to the corner of Princes-road—I
there saw another policeman, and We followed the prisoners to the Castle public house; I stopped Dean, and asked him what he had got in his bag—he said, "That young man asked me to carry it," pointing to the other one who ran away—Dean attempted to get away, but I kept him—the other officer took Rainey—we took them to the station—I searched the bag which Dean was carrying, and found in it a bullock's tongue; and on Rainey I found a slop frock—I saw 26 yards of print taken from him at the time the other officer took him.
GEORGE BECKETT . I am in the service of Mr. George Finchett, of the Broadway, Hammersmith; he is a draper. I know this print by the pattern, and by a ticket in my writing, which was on it—here is a piece of the ticket on it now—it had been put out about 8 o'clock that morning, and it was missed about 8 o'clock in the evening—it is the property of Mr. Joseph Finchett.
THOMAS GREEN (policeman, V 116). About half past 4 o'clock in the evening of the 13th Dec. I saw the two prisoners and another lad with them in High-street, Mortlake, in the road towards Banes, about three quarters of a mile from Mr. Finchett's.
Rainey's Defence. I picked it up.
(Rainess mother gave him a good character.)
RAINEY— GUILTY . Aged 20.
DEAN— GUILTY . Aged 18.
Confined Six Months.
OLD COURT.—Tuesday, January 3rd, 1854.
PRESENT—Mr. RECORDER; Mr. Ald. SALOMONS; Mr. Ald. FINNIS; Mr. Ald. CUBITT; and RUSSELL GURNEY, Esq.
Before Mr. Recorder and the Second Jury.
PLEADED GUILTY. Aged 16.— Judgment Respited.
ALBERT MINTING . I am nine years old—I live with my father and mother, at 12, Harp-alley, Farringdon-street—my father is a French polisher, and also keeps a clothes shop. On the day after Christmas-day, at half past 8 o'clock in the evening, I was at home—the prisoner rang the bell, knocked at the door, and asked for the person in the shop; I said they were not at home; she knocked me down, the candle was on the stairs, and she ran up with it in her hand—a policeman knocked at the door, and when I was going to open it, the prisoner fell down stairs, with a coat under her apron, which tumbled out; it was my coat—I picked it up, and gave it to the policeman who took the prisoner—this (produced) is it—the prisoner had no shawl or bonnet on—she had not the candle when she came down; she put it on the table.
DAVID COCKERELL (City-policeman, 314). About half past 8 o'clock on this night, the sister of the last witness gave me information—I went to the house, and the last witness opened the door—I heard some one fall down stairs—there was no light; I got a light, and found the prisoner
lying at the bottom of the stairs; I lifted her up, and this coat was under her—the last witness picked it up and gave it to me—I took the prisoner to a doctor to see if she was hurt, and then took her into custody—she was drunk.
ALBERT MINTING re-examined. My coat had been hanging on a nail behind a door in the up-stairs room—when the prisoner came, my little sister was there, and the prisoner shut the door, shutting her outside, and she went for a policeman—I did not know the prisoner before.
ELIZABETH JOYCE . I am female searcher at the Fleet-street station. I searched the prisoner, and found four shillings and a halfpenny on her, and these thirty-four duplicates (produced); twelve of them are for rings, and eight are for coats pledged in December.
Prisoner's Defence. I was in a state of intoxication, and lost my bonnet and scarf; I have no recollection whatever till I was at the station next morning; I suppose, being tipsy, I thought it was my home.
(The prisoner was further charged with having been before convicted.)
HENRY TAYLOR ( policeman, G 42). I produce a certificate (read—" Mary Collins, convicted at Clerkenwell, Jan. 1852, of stealing a half crown from the person—Confined twelve months")—I was present—the prisoner is the person—I had her in custody.
GUILTY.**— Four Years Penal Servitude.
THOMAS NOLAN . I am a mercantile clerk, living at 49, Burr-street, Spitalfields. On Sunday-night, 11th Dec., I met the prisoner between 11 and 12 o'clock—she asked me to accompany her home; I refused, and walked on—she followed me, and requested me to give her something to drink, as the night was cold; I took her into a public house in the Minories—we drank together there, and staid three quarters of an hour, after which she asked me to see her part of the way home; she took me to Northumberland-alley—I was stupid after what I had drank, and recollect being knocked down in the street, I think by a man, but I could not identify him—the prisoner ran away; and after lying a short time on the flags, I got up and went home—I had not been into any other house with the prisoner in going home—I received a blow across the left eye and fell to the ground—I got up, and found I had lost everything I had except my handkerchief—there was a purse containing, to the best of my knowledge, 28s., a duplicate, a pair of gloves, a letter, and a newspaper—I remained in bed the greater part of the next day—on the Tuesday evening, I went to the Minories with a friend, and found the prisoner—I sent my friend for a policeman, and gave the prisoner in charge.
Prisoner. Q. Did not I come up to you on the Tuesday, though you did not see me, and ask you how it was you did not call for the purse? A. No; no conversation of that kind passed—we did not go to a public-house on the Tuesday, and have two quarterns of rum and a pint of ale—I did not press you to go anywhere on the Tuesday, saying that I had spent 9s. on you, nor was I kissing you, or acting indecently, in the street.
DAVID THOMAS EVANS (City policeman, 590). On the night of 13th Dec. I was sent for, and took the prisoner—Nolan gave her in charge—she was searched at the station by the female searcher—I asked her her name—she hesitated very much, and then gave it—I then asked where she lived—
she hesitated very much, but after a little while she told me, and I went with her to her lodging, and found these three silk handkerchiefs; three pocket books, containing memorandums; two silver watches; a purse, containing two sovereigns and four half crowns, in one drawer, and 17s. in silver in another; also, a porte monnaie, containing a letter and a duplicate (produced)
Prisoner's Defence. I went with the man to a public-house in George-street; we remained there till they were about to close, and then he paid, for a pint of brandy at the bar, and took it away in a bottle; we went to a public-house in Northumberland-alley, and drank wine, rum, and brandy; he then paid for half a pint of rum in a bottle, and we came out with it, and went to a house of accommodation in Northumberland-alley, for which he promised me 5s., but only gave me 3s.; he said that was all the money he had; I was very tipsy, and he was extremely so; I took him to my house, and asked him to make me a present; he took out his purse and the duplicate, and said he would bring me 2s. to-morrow, and befriend me; he threw a newspaper on the table, and pulled his pockets out, to show me that he had no more money; I think the pint of brandy must have been drunk, for I was in a dreadful state on the Tuesday, and could scarcely get out of bed; about 2 o'clock, as he did not come according to promise, I went to the Minories, and saw him, but I do not think he saw me; I ran up to him, and said, "You did not perform your promise in bringing me the 2s.;" he said, "I did not know what I was doing on Sunday night; I was in a dreadful state of drink;" he pointed to the side of his head, and showed me a scratch; he proposed going to have something to drink; we went to a public-house, and had two quarterns of rum and a pint of ale, and talked matters over there; this pocketbook was left in my-bed by a friend; this watch belonged to my deceased parent, and the other watch I redeemed at the corner of Turner-street, Commercial-road; the handkerchiefs are mine; I have two children to support, and work at dressmaking and millinery; I never was in prison before; I thought the prosecutor was my friend, and did not think he would turn upon me in this cruel manner; he was pulling me about and kissing me in the street, and because I would not let him do so, he said, "You shall go with nobody else to-night; I will have my revenge;" I said, "If I see a policeman I shall get some protection," and walked up a dark turning; he said, "Give me what I have expended;" a policeman came up, and I was given into custody, to my great surprise.
GUILTY . Aged 33.— Confined Twelve Months.
(The policeman Evans stated that the owner of one of the pocketbooks was a captain, who had been robbed of it, and some money, but was obliged to go away to sea.)
PLEADED GUILTY . Aged 21.— Confined Three Months.
NEW COURT.—Tuesday, January 3rd, 1854.
PRESENT—Sir JOHN MUSGROVE, Bart., Ald.; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
FREDERICK FORTESCUE . I am a lock maker, in Cheapside. On Saturday evening, 17th Dec., the prisoner came to my shop about 10 minutes past 5 o'clock—I had not known him before—he said he wished for one of our cards, as he had a friend coming from the country who wished to purchase one of our locks—he said he wanted it for his friend, who was coming from the country on Monday—I gave him one, and he left the shop—he returned in five minutes, and asked me to give him Mr. Weston's address—I knew Mr. Weston very well, and I gave him his address, No. 31, Lawrence-lane—he left, and shortly afterwards he returned, and said Mr. Weston was not at home: and he said he had to make up a bill in Walbrook, and he was deficient 4s.; would I lend him that amount, he being a friend of Mr. Weston's—he did not describe Mr. Weston any further than that he knew him—he did not mention his Christian name—I told him I was convinced Mr. Weston would be at home if he went and knocked loudly, and I made it a rule never to lend strangers any money—he then left, and I saw that he went to our factory, in Lawrence-lane—I saw him speak to our foreman, and he took him to the house of Mr. Weston—I saw him go into Mr. Weston's, and I followed him in—he went up the staircase, and I went to the bottom of the stairs—I heard him and Mr. Weston conversing; I do not know what they said—I know Mr. Weston's voice very well; and when I went up the staircase I saw him speaking—I asked Mr. Weston in the prisoner's presence if he knew that party—Mr. Weston said he never saw him before in his life; and after Mr. Weston had told me what he had said to him, I said I would give him in charge for attempting to obtain money—the prisoner begged for mercy, and said, "Consider my position."
Prisoner. Q. Are you a partner in that firm? A. Yes, I have two partners; one is in America—when you asked for the 4s., you asked me as a friend of Mr. Weston's—I did not say I would not lend a shilling to the dearest friend I had—I said I made it a rule never to lend money to strangers—I have not caused inquiry to be made in Walbrook whether you had such an amount to pay—I certainly do not know but that that might be true.
JOHN SKERRATT WESTON . I am a warehouseman, and live in Lawrence-lane. I was at my warehouse on Saturday evening, 17th Dec, at 10 minutes past 5 o'clock—I had been there for the best part of two hours previously—about 10 minutes or a quarter past 5 o'clock the prisoner came—I never saw him before, to my knowledge—that was the first time, as far as my knowledge goes, that he came there—I answered to the name of Weston when I heard inquiries—the prisoner said to me, "Is Mr. Weston within"—I said, "Yes, my name is Weston"—he said, "I beg your pardon; will you allow me a minute's conversation with you?"—I was talking to a lady, and I left her to hear what he said—he told me he had got an amount of 4l. to make up, to pay in Walbrook; and he pulled out his porte monnaie, but did not proceed any further when Mr. Fortescue
came up—the prisoner had represented himself as a particular friend of Mr. Fortescue's—Mr. Fortescue came up, and said to me, "Mr. Weston, do you know this party?"—I said, "No, I never saw him before in my life"—he said, "He called on me, and introduced himself as a particular friend of yours"—I said, "That is the very thing he has done with me; he represented himself as a friend of yours"—he said, "I never saw him;" and he said to the prisoner, "I believe you are an impostor"—he said, "I am no impostor;" and he said to me, "I have seen you several times"—I said, "Where?"—he said, "I have seen you at the house opposite"—I said, "What house!"—he said, "At the public house"—I said, "At the public house)" and knowing there was no public house, I said, "What is the sign?"—he said, "At Lake's Dining Booms"—I said, "Lake's Dining Rooms I have not been in for two years"—I then said he ought to be given in charge—he begged for mercy, and said, "I am a respectable man."
Prisoner. Q. Are you prepared to swear you never saw me at Lake's Dining-rooms? A. To the best of my knowledge, I never saw you before—Mr. Fortescue and I, retired into the warehouse; you were in the passage, we retired to consider whether we should pursue that course of giving you in charge, and I said decidedly we would—I believe we were not in that warehouse half a minute—I agreed to take on myself the responsibility of prosecuting you—there was no written agreement.
Prisoner's Defence. I never premeditated any fraud; it is true my name is a real one, but I refused to give any address, which went very much against me, but I did it out of respect for the lady who is my wife; I do not fear your detective police nor your Mendicity Society men; I never was charged with any case before; I defy any one to come forward, if he can, to prove me a convicted party, or the associate of those who have been convicted; when I came to town, I was with one house for two years; I then went to a house in Cheapside, where I lived eight years; I left, to go into business with Mr. Price, for two years, but finding affairs were going wrong I withdrew, with the loss of 1,700l., and went to New York; I went into business, and for two years with success, but I was seized with illness, and when I got better I received information of my mother's death; I am a Warwickshire man; I came here three years ago, and she had bequeathed to me a house, which brings me in 60l. a year; I have endeavoured to steer an honest course; I have had the delirium tremens twice, and was discharged from St. Thomas's Hospital, as Dr. M'Murdo knows, and if I take a little spirits it flies to my head, and I scarcely know what I do; I have been three weeks in prison on this charge, which is a frivolous one; I did not act in the way in which an impostor would act; I envy not the feelings of that man who could give a fellow creature into custody on such a charge as this; I had no intention to defraud; if I am to go to gaol I shall submit to it, and God Almighty forgive those who have sent me here!
JURY to JOHN HUMPHERY. Q. Was the prisoner intoxicated at the time? A. Not at all; he appeared quite sober.
GUILTY. Aged 43.—Recommended to mercy by the Jury. — Confined Two Months
MR. PAYNE conducted the Prosecution.
house on 14th Dec.—the prisoner was in my service, and he had been in the service of my predecessor—I missed money from my till from time to time, and I missed some on 20th Dec.—on 21st. Dec. a policeman marked some silver in my presence—I think he marked 1l. and 4d.; it was in half crowns, shillings, one sixpence, and one or more 4d. pieces—I put this marked money in the till on Thursday morning, 22nd Dec., between 8 and 9 o'clock—there was no one present but myself—the prisoner was at his breakfast—when he came down about 9 o'clock, I told him I would go up stairs to wash, and I left him in the bar to mind—I went up, and came down in ten minutes or a quarter of an hour—I told him to go up stairs, and when he had gone I examined the till—I missed from it one half crown, three shillings, and one sixpence of the marked money, and there were two shillings unmarked, which were not in the till when I went up stairs—I went across the road and got a policeman—I went up stairs with the policeman, and he found in the prisoner's clothes one sovereign, a half sovereign, two sixpences, and one halfpenny, and soon after he said, "Here is a shilling here"—the prisoner was undressed, and the policeman had his clothes in his hand.
Cross-examined by MR. PARRY. Q. When you came down and missed the money, how long had the money then been in the till? A. I should think not more than a quarter of an hour—I left no person but the prisoner in the bar, but during my absence I do not know who might go there—I have found no half crown nor sixpence marked; I only produce two shillings—there is still a marked shilling, a marked half crown, and a marked six-pence that I have not traced—there were two unmarked shillings in the till, taken, no doubt, of customers—I do not recollect that there was more than two shillings unmarked—I had been in that place eight days—the prisoner had been with the former proprietor, I understood, eight weeks—I understood he had paid him wages—I do not know the amount, but when Mr. Curry left, he said he had paid him up to the time—I think he had paid him something about 3l.—I saw the prisoner wearing a gold watch—I know nothing about his father giving it him.
MR. PAYNE. Q. The only money put in the till that morning was marked? A. Yes; I took out all the silver there was in the till, and put in only marked money—I found there was 6s. in amount of that gone, and I do not remember more than two shillings unmarked being there.
JOHN MOSS (City policeman, 225). I remember marking about 1l.'s worth of silver on Wednesday evening, 21st Dec., and on the 22nd I was fetched by the prosecutor—I went up stairs to the prisoner's room, he was partly undressed—I searched his clothes, and found one sovereign, one half sovereign, two sixpences, and one halfpenny—I found one shilling on the cheffonier; I said, "Oh! here is a shilling"—the prisoner said, "What of the shilling? it is my shilling"—I said, "The shilling is marked"—it was one that I had marked—this is it—the prisoner said, "Do you suppose that all the money you have found is Mr. Bee's money?"—I said, "I shall answer no questions"—I found a gold watch and a chain—in going to the station, the prisoner said he had borrowed a shilling, or that shilling, of the water-man at the cab rank—the waterman is here—I made some inquiries of Mr. Pickin, at the British Oak, and received one marked shilling from him—this is it—I have not been able to trace any other marked money.
Cross-examined. Q. I think he said, also, that he had borrowed two shillings out of the till to lend to Jem, the potman? A. He said he had taken the two shillings, but he intended to have replaced them—I have ascertained that
he had lent Jem two shillings—he said, "This is the fruits of trying to do good; I took the two shillings from the till, but I intended to replace them."
MR. PAYNE. Q. When was it he Said that to you? A. On my conveying him to Newgate, after the case had been heard before the Magistrate—he said he knew nothing of any other money but the two shillings.
HENRY ANDREWS . I am a waterman—I know the prisoner; he was the barman at the Angel. On Thursday morning, 22nd Dec, I went there to have something to drink, about 9 o'clock, which is my usual custom about that time in the morning, and the prisoner asked me to lend him a shilling—I lent him one, which I might have taken the day before—he said he wanted to send his late fellow servant to a new situation—it was about starting Jem, or something to that purpose.
CHARLES WILLIAM TOMLIN . I am now potman at the Fountain. I lived at the Angel, and went by the name of Jem—I know the prisoner—on Thursday morning, 22nd Dec, he gave me two shillings—I borrowed two shillings of him, and I had one other shilling—I changed one shilling at Mr. Pickings, the British Oak, one shilling at the first coffee-shop on Snow-hill, and one at the Jolly Anglers—I changed them because I wanted something to eat and drink.
Cross-examined. Q. The prisoner was to start you? A. Yes, I was going to a new place—he gave me this money out of his right hand pocket—the first of it was, he told me if I wanted a shilling or two to come to him, and I asked him for it the night before; he knew I was coming.
(The prisoner received a good character.)
NOT GUILTY .
PLEADED GUILTY . Aged 22.— Confined Six Months.
PLEADED GUILTY . Aged 25.— Confined Twelve Months.
PLEADED GUILTY .— Confined Six Months.
MR. PEARCE conducted the Prosecution.
EDWARD WOOD . I live at South Purfleet, in Essex, and am a hay and straw dealer. On 28th Nov. the prisoners were in my service—I have a barge called the London—Scott was the captain of it, and Fance was the mate—on 28th Nov. I sent that barge from South Purfleet to Chelsea, with about eighteen loads of straw and two loads of hay—I directed the captain to deliver the freight to Johnson and Rhodes, at Chelsea—I had previously contracted to sell that quantity to Messrs. Rhodes—I believe the prisoners started on 28th Nov.—when they returned I asked the mate if he delivered the whole of the freight to Johnson and Rhodes—he said, "Yes, every
truss"—the captain was not by then—in consequence of information I afterwards received, I requested Fance to go to the police court with me—he said he had received half a crown from the captain, but what it was for he did not know—he said he regretted his connection with the captain, for he thought the course they were going on would sooner or later bring him into trouble.
Cross-examined by MR. PARRY. Q. I think the expression Fance made use of was, "I am innocent?" A. Yes, he did—the prisoners have been in my service about five years—I think Fance left me once for six or eight months—their business is to work the barges from South Purfleet to London—I was not present at the loading of this barge.
JOSEPH SEARS . I am foreman to Messrs. Rhodes and Johnson, of Chelsea, omnibus proprietors. On 3rd Dec. I gave directions to Wheeler to fetch the straw from Badcock's Dock, at Chelsea—after sending him, Scott came to me, and wanted the return ticket for eighteen and a quarter loads of straw, and two loads of hay—Wheeler had previously returned with seventeen and a quarter loads of straw, and I refused to give Scott the ticket on account of his saying he had delivered one more load than we had received.
Cross-examined. Q. Were you present at the receipt of this straw? A. No, not all; Badcock's Wharf is where we receive our articles from.
JOHN WHEELER . I am in the employ of Messrs. Rhodes and Johnson. On 3rd Dec I received directions to go to Badcock's Wharf to receive some straw from the captain—I went, and found the captain and mate, the two prisoners, at Badcock's Wharf—they delivered the straw and hay to me on the van—they gave me seventeen and a quarter loads—I returned with it to my master—on receiving the last load the captain asked me how much I had got—I said, "Thirty-six trusses, just one load"—he replied, "That is all there is in the barge"—that was about 5 o'clock in the evening.
Cross-examined. Q. The captain told you that he had seventeen or eighteen loads? A. I asked him at the third load how many he had got, and he said seventeen or eighteen loads; I took away seventeen and a quarter loads—I am quite sure about that; I counted them myself.
JOHN PETTIT . I am in the employ of Mr. Hill, of Chelsea, an omnibus proprietor. On the evening of 3rd Dec. I went to Badcock's Wharf; I saw Scott at the wharf—I was drawing straw from a barge a little farther on, and when coming away with my load, Scott said, "You are coming once more?"—I said, "Yes"—I called for twelve trusses of straw, for Captain Williams, and Scott said, "You must draw down on the side of the barge for them," and I did so; and Scott delivered them to me—there was some other man in the hold of the barge throwing the trusses up, but I could not see who that was—it was very dark—I could not see the man in the hold—Scott gave me the twelve trusses a little before 6 o'clock.
Cross-examined. Q. Had you fetched straw before at Badcock'g Dock? A. I had, about two years ago; this was done quite openly—there were many other persons about—there was a horse drowned at the same time.
WILLIAM MILLERMAN (policeman, B 95). I took Fance in custody—I told him the charge—he said he threw up twelve trusses of straw out of the hold, and he received a half crown; but he did not know what the half crown was for—I apprehended Scott; he said he tied up some bundles of straw, and sold them for 6d. a bundle—he did not say how many.
(The prisoners received good characters.)
NOT GUILTY .
MR. PARRU conducted the Prosecution.
WILLIAM LARMAN . I am the son of Sarah Larman; she is a farmer, at Enfield-highway. The prisoner was in her employ for about two years and a half—on 13th Dec. I was watching on her premises, between 7 and 8 o'clock in the morning—I saw the prisoner outside of the barn—there was a donkey and cart in the road, outside—the driver of that cart was William Dukes—he has absconded—I saw the prisoner go towards the pales where the cart was standing, with a sack not quite full—I did not know what was in the sack—I did not stop to see whether he brought back the sack—I saw him go with the sack near the pales—I went round in the road and saw William Dukes with his cart—he was at the hind part of the cart—I took the sack out of the cart—I carried it twenty or thirty yards, and gave it to my uncle—I then ran and got a police constable; he came and I gave the prisoner into custody—he said he knew nothing about it—I am certain that I saw him that morning carrying the sack towards Duke's cart—the sack I found in the cart was the same size and appearance as the one the prisoner was carrying—it contained these oats; worth 6s.
Cross-examined by MR. PAYNE. Q. Where were you, when you saw this man carrying the sack towards the pales? A. In a, back pantry of my uncle's house, looking through a wire window—it was about twenty-five yards from the pales—it was between 7 and 8 o'clock in the morning, on Tuesday, 13th Dec.—my uncle was watching before me; I went and took his place while he finished his breakfast—I was not above five minutes in the pantry—the donkey cart was about five yards from the pales—there was a ditch between—the prisoner was the only man who had been threshing in that barn—there was no other person threshing at the same time—I merely saw a sack; I did not see where it was put, and I found a sack with some oats in it in the donkey cart—there was no mark on the sack.
MR. PARRY. Q. Was there any other person who could have done what this man did? A. No; I have known him well two years and a half as our servant—I am sure he was the man who was carrying the sack.
HENRY LARMAN . I am the uncle of the last witness. I know the prisoner very well; he has been in Mrs. Larman's service about two years and a half—I was watching that morning—soon after the prisoner went into the barn I saw him uncover the sack of oats, and he brought them along the floor and put a bit of loose straw over them—he then came towards my pantry window—I drew myself aside, and he came and peeped in the window—my nephew then came and told me to go and get my break-fast, and he would watch—I went in the room, and he stayed there—I had seen the donkey cart with Dukes that morning—I went past it and noticed it, and I am quite confident there was no sack in it—I saw the prisoner uncover the sack, and leave it near the barn door—I did not see him carry it to the donkey cart—when I saw my nephew run out of the house I followed him—he had got the sack out of the cart before I got to him—the donkey man ran away after we got the oats out—I had seen him and the prisoner together several times—I know the prisoner should have been threshing in the barn that morning—I am quite positive these oats belong to Mrs. Larman.
Cross-examined. Q. How does this window stand with respect to the barn door? A. It is right in front of the barn door, nineteen or twenty yards off.
HENRY HAYES (policeman, N 342). I apprehended the prisoner. I told him I took him for stealing the quantity of oats which Mr. Larman charged him with—he denied it, and said, "I know nothing about it"—I am a judge of oats—these oats correspond with the oats in Mrs. Larman's barn.
Cross-examined. Q. Where did you get your knowledge of oats from? A. I was once in the corn trade—I drove for a relation of mine, who was a master.
MR. PARRY. Q. How long were you in the corn trade? A. Five years; I had an opportunity of knowing what oats were, and the different sorts of them, and more than that, these oats have a pea in them—I have a sample here from the barn, and a sample of those that were stolen.
(The prisoner received a good character.)
GUILTY . Aged 42.— Confined Two Months.
MESSRS. ROBINSON and M'MAHON conducted the Prosecution.
WILLIAM GAVIN . I am inspector of police on the Eastern Counties Railway. On the evening of 2nd Dec, from information I received, I proceeded to the house of Mr. M'Namara—I went with him and a constable and a private individual to Bluegate-flelds, Ratcliff-highway—I found, on the top of a ladder leading to a loft, a number of bundles of baskets—that was the usual entrance to the loft, and that entrance was blocked up by those baskets—they were packed in bundles—there were ten or eleven bundles—I suppose about a dozen in each bundle: dry fish baskets—I pointed them out to Mr. M'Namara—I obtained permission to go round to the front of the loft—I got in, and found many hundred baskets—I could not get far enough in the loft to count them—numbers of them were marked—I took one, which is called a tally, off one bundle; this is it—I went from there to the Bird-in-Hand beer shop, in Church-street, Stepney—I found the prisoner Parker there officiating as landlord—I asked him if he were the owner of the loft where the baskets were—he, said he was—I asked him if he were in the habit of dealing in baskets—he said he did—I requested him to accompany me to the loft, which he did—when we got to the ladder that the baskets were on the top of, I took him up, and when he saw these eleven bundles of baskets on the top of the ladder he said, "I did not buy them, I did not take them; I know nothing about them; some of my chaps must have taken them in in my absence"—we then went round to the front of the loft, and on gaining admission I showed him a number of baskets, which I got from the piles marked—I asked him how he could account for the possession of them—he then commenced crying, and said, "Oh, don't ask me any questions; I am sure I cannot say; you see what is here"—Mr. M'Namara asked him what he gave for the baskets that were marked—he said 2 1/2 d. each—Mr. M'Namara said, "You know well, Parker, you had no business to buy them at 2 1/2 d.; they are worth a shilling each"—Mr. M'Namara identified all the marked baskets—I then asked Parker if he had bought any baskets from Solly Mitchell (meaning Hyams)—he said he had repeatedly bought from Mitchell—I asked if he expected any from Mitchell that day—he said he was not quite sure, but he thought he did—he then asked me to allow him to have his wife brought into the loft—I did, and when she came he said to her, "Oh, my dear, see what trouble I have got in; I expected that b—y Solly Mitchell would
do this for me some day"—he said, "Was he here yesterday?"—she said, "He and his wife were at our house yesterday" (this was between 12 and 1 o'clock on the Saturday morning)—I asked him if he did not consider he was doing wrong in buying so great a number of baskets at so low a price—he sat down on a bundle of baskets, and cried a great deal, and said, "Ask me no more questions"—I told him to consider himself in custody, and took him to the station—I went from there to Mitchell's residence—I took Bounce about 6 o'clock on the Saturday morning, on the platform of the Shoreditch station—I asked him if he had delivered any baskets on the previous evening to any person on his way from Billingsgate to the Eastern Counties station—he said "No"—I told him to consider himself in custody for delivering eleven bundles to the other prisoner.
Cross-examined by MR. JOYCE. Q. I understand you to say, that you asked Bounce whether he had delivered any baskets that morning? A. No; on the previous evening—I will venture to say that I put that question to him—I met him on the platform, and I said, "Bounce, did you deliver any bundles of baskets last evening on your way from Billingsgate-market to the Eastern Counties Railway?"
Q. Was not the first thing you said, that you charged him with an offence in delivering these baskets? A. I charged him with delivering the baskets, and I asked him if he knew me—he said, "Yes; you are Mr. Gavin."
Q. Were not the first words used by Bounce, "Very well, Sir, I must go?" A. No; not to my recollection—I stated all that was said in another place, as near as I can recollect—I am not quite certain that I put any questions to him till I told him he was in custody, but I believe I did—I think I can swear that I put questions to him before I told him he was in custody—I will swear it—I touched him on the shoulder, and said, "Rounce step this way with me"—I said, "Do you recollect delivering eleven bundles of baskets on the way to the station last night"—he said, "No"—I said, "Not to Solly Mitchell"—he said, "No"—I said, "You may consider yourself in custody for having delivered eleven bundles of baskets to Solly Mitchell, in the Tenter Ground, Spitalfields"—this is my signature to this deposition. (The deposition being ready contained these words: "This morning I took the prisoner Bounce into custody on the platform at our station, at 10 minutes past 6 o'clock; I told him I charged him with stealing a quantity of fish pads last night from a van he was driving from Billingsgate to the station—he said, 'Very well'—I asked if he knew me—he said, 'Yes; you are Mr. Gavin'—that was all that passed.")
Q. Is that true or false? A. It is quite true, but I ought to have added what I have stated now.
Cross-examined by MR. SLEIGH. Q. When you went to the prisoner Parkers public house, the Bird-in-Hand, you addressed him on the subject of these baskets, and he voluntarily gave answers to all your questions; and when you asked whether he was a buyer, or whether he dealt in them, he told you he was, and that he dealt with Mitchell? A. Yes; the baskets were blocking up the entrance—they were outside the door, standing on end against the door on the landing, so as to impede my entrance to the loft—Parker said they must have been brought in his absence; and he also addressed the owner of the shed, and said, "You know I have not been here the last three days;" and he said, "Yes"—and he said, "You can come to the police court and say so for me, can't you"—Mr. McNamara said to Parker in my presence, "You know you ought not to have bought them at
that price," or words to that effect—I said the same words before the Magistrate—my examination was taken down in writing, and read to me.
Q. Was that portion read to you before you signed the paper? A. I cannot exactly recollect it—my evidence was three-quarters of an hour in length—I think that statement was made by me before the Magistrate—I could not undertake to say—if I have not done so I ought, but I cannot undertake to say whether I did or not.
Q. And you repeated the question how he could buy these baskets at 2 1/2 d., and he would not answer; did you state that before the Magistrate? A. I believe I did—if I did not I ought to have done it—I believe I mentioned the price, 2 1/2 d., before the Magistrate, but I cannot undertake to swear it—I should think if I heard the word reiterated once, I did eight or ten times—I believe I made use of the words 2 1/2 d. before the Magistrate—I am not quite certain, so as to take my oath of it—I have taken a great many persons into custody.
Q. Is it, in the exercise of your duties, your habit to catechise prisoners in the manner you have told us you have to day? A. It is not my constant practice, but I do not wish to take a prisoner into custody till I have ascertained that there are lawful grounds for me to do so.
MR. ROBINSON. Q. How did you get to the loft? A. Through a gate which was opened for me—the loft is some distance down the yard—there were three examinations before the Magistrate; the case was remanded twice I believe—I attended the last two times, not the first—on the last examination an objection was made by Mr. Huddleston, that I had not given my evidence in full, but that you would examine me—that objection was then waived, and I was not further examined.
WILLIAM KEWALL . (City policeman, 135). On the morning of 2nd Dec., I took Mitchell in custody at his house—I asked him if he knew Parker—he said, "What Parker?"—I said, "Parker of Bluegate-fields"—he said, "Yes, I do"—I said, "Did you send him any baskets yesterday?"—he said, "Yes, I did"—I asked him how many; he said seven or eight bundles—I said, "What does he in general give you a dozen for them?"—he said, "I don't know, I don't settle above once in a week"—I said, "When did you receive any money from him last?"—he said, "Last Saturday, I had 1l. from him"—I said, "Mitchell, you would not mind going to the station with me?"—he said, "O, no; come on"—I said, "You are charged with stealing baskets?"—he said, "Very well."
Cross-examined by MR. LILLEY. Q. You found him at home in his own house? A. Yes; in bed—I believe his wife let me in—I went up stairs to his room, he was awake sitting upright—I knocked pretty loudly at the door—he did not show any hesitation in answering me—he got up, and put on his things.
JOHN WICKS . I am servant to Mr. Dearsly, of Billingsgate-market, a fishmonger. I saw Bounce at Billingsgate-market on the 2nd Dec, between 4 and 5 o'clock in the evening—he was loading baskets into Mr. M'Namara's van—I put some fish baskets on Mr. M'Namara's van—Rounce was there in charge of it—I cannot say whether he was the man that was loading baskets that evening—I know there was a man taking baskets—I have seen him in the market.
Cross-examined by MR. SLEIGH. Q. Neither of the prisoners you can identify as having been with the van on that occasion? A. I saw a man loading Mr. M'Namara's; the mark I put on the baskets was "A and R" that I put in the van—I know this label (looking at it), I tied this on the
baskets—the baskets here produced, are the baskets I put on the van—I tied them up—the last bundle I put up was seven or eight baskets, they were dry herring baskets—I cannot say whether I saw Rounce there that day—I know whose baskets are marked A R, they are Mr. Robert Adam's, they were going to Yarmouth—I tied these baskets on that occasion.
Cross-examined by MR. LILLEY. Q. Can you tell how many baskets were Bent off to Mr. Adams? A. That was the only bundle to Mr. Adams; there were seven or eight baskets in it—we had but three or four bundles of baskets went that day, and I tied them all up—I cannot say how many there were exactly, I did not keep any account—there was another man there, but he did not put up a bundle—I carried them out, and put them up myself—at times another man put up baskets on the van, but not that day that I am aware of.
Q. Your words in the deposition are, "I put up one bundle, another man put up another, seven or eight baskets in each bundle; one of those bundles which I put up is now produced, and contains eight baskets?" A. 1 said sometimes he put up a bundle; I am not quite certain whether I said he did—there is another man who ties up at times.
Cross-examined by MR. SLEIGH. Q. This is not your writing on this label? A. No; not this direction, I never write the direction—these baskets are very common baskets, in which fish are sent from London to the country by thousands every day—thousands of these baskets are used every day by different persons—if it were not for the label, I should not be able to say that the baskets which are here now were ever in Mr. M'Namara's possession—we always go by the mark.
Cross-examined by MR. JOYCE. You do not tie up all the bundles? A. Not at all times; I put on the ticket—the marks on the basket are put on at Yarmouth—I know nothing of Mr. Adams, but what I have heard from my master Mr. Dearsley.
MR. ROBINSON. Q. There are thousands of such baskets, but are there thousands with the mark of Mr. Adams on them? A. No; these baskets are generally tied in dozens, but I recollect that those which were tied that clay were short—we wanted more to make up the complement.
CHARLES WEBSTER . I am servant to Mr. Alexander, who sells fish for Mrs. Benjamin, a fish saleswoman. On Friday 2nd Dec, I tied up bundles of fish baskets with marks on thorn—there were two bundles marked with double "S S," and an "S" on the top—I did not address them, but I saw the address on them to Mr. Shuckford, Yarmouth—there was another bundle I put up marked with 5 and a cross—there were about twelve baskets in each bundle—I put those bundles into Mr. M'Namara's van on the 2nd of Dec.—a young chap was driving it who had a white smock, it was the prisoner Rounce—it was about half past 4 o'clock in the afternoon—I have since seen those baskets at the station—they were shown to me by Mr. Mayhew, and a little chap that they call Punch—they were the baskets I put in the van—I believe it was on the Tuesday following that I saw them.
Cross-examined by MR. JOYCE. Q. How long have you been engaged in making up baskets? A. I have put them up many times before on Mr. M'Namara's van; Tom Banbury was the driver of that van on the Thursday—Friday, the 2nd of Dec, was not the first time I saw the white smock—I saw him on the Tuesday before, and I bad seen him before that on the van, but I cannot recollect on what dates—I had seen him seven or eight times altogether on the van, and standing by the van in the market,
and he has been on his van handing off the fish—there is one other man beside a short man with a white smock and knee breeches—I have not seen any other persons wear white smocks—my employ is in the shop, and I am very often round about the market with fish.
Cross-examined by MR. LILLEY. Q. Can you tell how many baskets marked "S S" belong to Mr. and Mrs. Shuckford? A. No; I have often placed baskets on the van on other days—I tied them up that day with a bowler knot—I do not know the meaning of "S S," only the right direction was on the pads—I do not know whether the directions are here—I do not suppose the baskets were worth 9d. or 10d. that day, when they had had fish in once—I know what are called sole bushel baskets—I believe they are not worth more than 2d. or 3d. a piece—they vary very much.
MR. ROBINSON. Q. With respect to dry fish baskets, they are used continually backwards and forwards? A. Yes, the same baskets.
Cross-examined by MR. SLEIGH. Q. Are sole bushel baskets wet fish baskets? A. Yes.
MR. SLEIGH to WILLIAM GAVIN. Q. Do you know sole bushel baskets? A. No, I do not; in Mr. Parker's loft there were a large number of baskets, of a very different description to what are here today—I have not brought any of the other baskets—they had no marks, and were not identified——there were wet fish baskets there—there were only two descriptions of baskets in the loft—the others appeared to me to be all of the same description, and size, and appearance—they were shown to me as wet fish baskets.
MR. ROBINSON. Q. A large proportion of the baskets you saw were dry fish baskets, like these? A. Yes.
WILLIAM BOWERS . I am in the service of Mr. Henry Harris, of Billingsgate. On the afternoon of Friday, 2nd Dec., I was engaged in carrying baskets from Mr. Harris's to Mr. M'Namara's van—I sent 106 baskets by Mr. M'Namara's van, with five different marks—one particular mark, which I put on myself, was "I O," with a cross on the top of the lid—that bundle contained thirteen baskets—this is one of them—they were to go to Yarmouth, in Norfolk—I did not see who drove Mr. M'Namara's van on that occasion—I saw Bounce and one or two more men—I cannot say whether it was his van I put them on—there were two vans, standing back to back—whether he was on the van or not I cannot say—I knew him as being with Mr. M'Namara's vans.
MARK BUNCE . I know the prisoner Mitchell—I do work for him some times—I was at work for him on 2nd Dec., at No. 2, Tenter-street—on that afternoon I saw a van—I do not know whether it came down Commercial-street—I first saw it turning round the corner of the Tenter-ground—that is about 200 yards from Commercial-street—it is not in a straight direction to the Eastern Counties Railway—it is out of the line, and turning into the Tenter-ground would be more out of the line—Rounce was driving the van, and Mitchell was walking by the side of it—they turned into the arch leading to the Tenter-ground, and stopped at No. 2, Tenter-street—I have seen Mitchell there before, and been there with him—when the van stopped at No. 2, Rounce untied the rope, and chucked eleven bundles of baskets off—they were such baskets as these—Mitchell picked them up, and put them on the pavement, and Mitchell told me to put them on my barrow, which was standing there—I asked a young man, named Conway, to hold the handles of the barrow while I put them on—Mitchell told me to take them down to Bill's place, meaning Parker's—I had heard him call Parker by the name of Bill before—I put the baskets on the barrow, and took them to
Parker's—when I got there I saw two men, one called South-western, and the other Charlie—I delivered what I had to those two men, at the shed in Bluegate-fields—I then went back and took the others—as soon as these bundles were chucked off, and picked up by Mitchell, Rounce went away with the van, and turned in the direction to Commercial-street, which would be the right way to the Eastern Counties Railway—I had on a former occasion taken baskets from one of Mr. M'Namara's vans to Parker's—about a week previous I took some from No. 2, Tenter-ground—one of Mr. M'Namara's men took a van up, and eighteen dozen were chucked off, just the same as these—they were dry herring baskets—when I took them down to Parker's, I saw the same two men, and delivered them to them—I did not see Parker when I took the first bundles of baskets—I have seen Mitchell and Parker together scores of times in Parker's house—I last saw them on the Wednesday before the Friday, in the taproom at Parker's—I have told Parker that I brought baskets to his place from Mitchell's—I saw Mitchell at Parker's place when I took the second parcel of baskets down—he was there, counting the baskets, at Parker's place.
Cross-examined by MR. JOYCE. Q. What was the work you were doing at Mitchell's? A. Mending baskets for him; there were about three dozen baskets, and I was there after leaving Billingsgate—they were Mitchell's baskets that I took first—I had my barrow with me—I live in Vincent-street, Boundary-street, Shoreditch—Mitchell is a dealer in these baskets—I do not know Mr. M'Namara; I know the vans—I did not know at the time that the baskets were the property of Mr. M'Namara, that I swear—Mitchell always paid me for the carriage of these goods—he gave me 2s. a day for taking his baskets to Billingsgate, and mending other baskets which he wanted—I am not related to him—I am living with his wife's sister; we are not married—Mitchell and I have had words at different times, not since these baskets were thrown out—I have had words with him several times—the last occasion was before I was examined as a witness at the police court—since we quarrelled, I have been on terms of intimacy with him—I have worked for him—I had not any quarrel with him about a shilling for carting things—I was not there before the first occasion—I believe the first examination was on the Saturday, and I knew of it.
Q. Did you not receive 10s. from Mrs. Mitchell not to appear on that Saturday? A. Not from Mrs. Mitchell; from a man of the name of Roach, on the Saturday night—it was not to appear—I had been to Worship-street after the case had been examined—the case was all over before I received the 10s.—Wednesday was the day of the second hearing, I went there—I did not offer to stay away on the payment of 2l.; that I swear—I am a costermonger by trade—at times I follow shoemaking—I have not helped myself to other people's goods without their consent—the last time I was in prison is about nine months ago—it was for stealing a watch—I was imprisoned twelve months—I left the prison after serving my year—I have not been in custody since—I never had four months imprisonment—I was once in trouble for an assault on Hyams and his wife—I was in prison for that about five years ago.
Cross-examined by MR. LILLEY. Q. Was there not another occasion when you mistook somebody else's property for your own? A. No; I have said that I gave my evidence against Mitchell out of spite—that was because I was locked up for assaulting his wife.
MR. ROBINSON. Q. What do you mean? A. I told him if I knew of anything that would put him in prison I would do it, because he put me in
—I only know Roach as being an associate with a friend of Parker's—I saw him in Parker's taproom a few days before—when he gave me the 10s., Mrs. Mitchell and Mrs. Parker and several other persons were with him—I went to Worship-street on the Saturday—I received information there, and went to Arbour-square—I stopped there till 5 o'clock, because I was told the case was coming on.
JOHN CONWAY . I live in Tenter-street, and work for Mr. Bendall, a City carman. On the evening of 2nd Dec. I was near the Tenter-ground; I saw a van leaving the archway—it had baskets in it—a man was driving it who had his back toward me—I saw the house, No. 2, and some baskets were lying on the pavement, and some in the room—Mitchell and Bunce were near them—they asked me to hold the handles of the barrow while Bunce put them on—Mitchell then told Bunce to take them away—I went with Mitchell and had something to drink—I have seen Mitchell and Parker together very often—I used to work for Parker, and used to go down to Billingsgate.
Cross-examined by MR. JOYCE. Q. Did Mitchell see Bunce take them away? A. Yes; Bunce must have seen me—I saw the van; it was just going away—it had baskets in it—I do not know whose it was—it was between half past 4 and half past 5 o'clock.
Cross-examined by MR. LILLEY. Q. Do you know Mitchell to deal in baskets? A. Yes; I know this was on Friday night—the next day I heard they were taken up, and that was on Saturday.
MR. SLEIGH to MARK BUNCE. Q. You are in the habit of taking baskets from vans to Parker's? A. On two occasions I have taken baskets of this description; I have taken what they call sole bushel baskets to Parker's—I know that he has dealt in that kind of baskets for many years.
ARTHUR M'NAMARA . I am the son of Arthur M'Namara, the prosecutor. He contracts largely with the mails, and other persons—he contracts to deliver fish at Billingsgate from the Eastern Counties Railway, and when the fish are delivered, it is our duty to take the empty baskets to the Eastern Counties Railway in bundles—on the night in question Bounce was in my father's service; he was driving a van that afternoon from Billings-gate—I went that evening to a yard in Bluegate-fields; I saw a cow-keeper, who belongs to the yard—I saw several bundles of baskets in the loft, besides some loose; I cannot speak with certainty as to how many—I suppose 300 or 400, some were marked—all those I recognised as the property of the persons for whom we deliver fish—I made out a list of those that were marked three or four days after we took them from the loft—there were eight baskets marked with blue and red stripes; they belong to Mr. Old—no other person delivers the fish from Yarmouth from the Eastern Counties Railway to Billingsgate—there were twelve bundles marked "T. W." for Mrs. Wright; and there were a good many others that were marked—it was our duty to send these baskets back to Yarmouth—about half of those which were in the loft were dry baskets, which had contained dry goods—the wet baskets were smaller—Gavin went from there to Parker's house, and Parker came back with Gavin—he was asked several questions about these baskets, whether he had them from Solly Mitchell's—he said, "Yes"—he said he had not bought any that day, but he expected him to send him some—I asked him who he sold baskets to—he said, "To a butcher, at Barking"—I asked him how much for—he said, "2s. 2d. a dozen"—I said, "You must be aware that they cost 12s. a down"—his wife came up stairs afterwards—he was very much excited; but I understood
him to say, "My dear, this is all that b——Mitchell's doing;" or words to that effect—the officer then took him away—before that I had pointed to the baskets in the loft—all the baskets that were in the entrance to the loft were belonging to our customers, and were tied in bundles precisely in the way that we are in the habit of sending them—I saw three bundles marked "S. S.," and one marked "I. O."—some with a figure of "5," and a short bundle marked "A. R"—I saw she whole of them at Leman-street station—I was not there when Webster was taken to see them—we hired a van, and took them to the station on Friday night.
Cross-examined by MR. JOYCE. Q. How many days had Rounce been in your father's employment? A. I suppose about a fortnight—he was at work for a regular carman, who was ill—he would be at Billingsgate every day—these letters and numbers indicate my father's customers—some of them had been customers for many years—all had been so beyond the fortnight.
Cross-examined by MR. LILLEY. Q. You said these baskets are worth a shilling apiece, is that when they are new? A. Yes, when they are bought, but not those that have been used.
Cross-examined by MR. SLEIGH. Q. You were with Gavin when he went to the loft, and some baskets were standing at the entrance of the loft, did you hear Parker say, "I know nothing about them?" A. I did not, I was in the yard—when I went in the loft I saw a great number of baskets—sole bushel baskets, which are not worth more than 2d. or 3d. apiece—the conversation I had with Parker was outside the loft—I had been in the loft with Gavin previously—the conversation I had with Parker was after I had been in the loft—I came down, and was on the ground in the yard—I never heard him say, "I don't know how these baskets came here; it must have been in my absence"—he and Gavin were together at a time when I could not have heard what passed between them—it was previous to their going up stairs that I had the conversation with Parker as to buying them at 2 1/2 d.
MR. ROBINSON. Q. At the time this conversation took place, were any baskets in sight? A. Yes, some; but not these bundles.
GEORGE JONATHAN MILLS . I am one of the firm of Rowe and Mills, of Billingsgate. I dare say at Yarmouth these baskets would be worth 12s. a dozen—in some places they would be worth 14s.; in some places not above 10s.; in some places as high as 18s.; and in some places we could not get them at all—these baskets are not sold—they come from Yarmouth and Lowestoft—so many are marked with a diamond, so many with a star—the only thing we have to go by is the mark—that circumstance is perfectly well known, that these baskets are not sold, and to be the subject of traffic.
Cross-examined by MR. JOYCE. Q. You receive the fish in these baskets, and return them? A. Yes, when we can get them; but we lose some, and lose our customers—we have never had any from Yarmouth all this season—it costs us 100l. a year for baskets—we do not take the fish out; a person comes and says, "What do you take a hundred for those in this basket?" and he takes them, with a condition to return the baskets back—we have many customers who do not return the baskets, and we give the fishmonger's boys 1d. apiece to bring the baskets back—there are many persons who come about the vans and give 2d. apiece for them, which is the reason we cannot get them back—if a person who is not a customer were to come, we should make him leave 6d. on the basket.
MR. SLEIGH called
have been in the employ of Parker, in Bluegate-fields—on the day before he was taken, he was not at the shed in Bluegate-fields—I remember on that day Rounce came to Parker's shed or loft with some baskets—these were the baskets I saw on the barrow (looking at them)—I was up in the loft, at work—I made an objection to his leaving them—I went away from the loft while Rounce was there with the barrow and baskets—I went to see whether Parker was at home; he was not—I went back to the loft—Rounce was gone, and the baskets were up in the loft, and I found Mitchell coming down out of the loft—Parker has not been in the habit of dealing in these sort of baskets long, but in what they call sole bushel baskets.
Cross-examined by MR. ROBINSON. Q. Was anybody with you on this occasion? A. No—I know Charlie—he was gone to get his tea—I only saw Rounce this evening once, to my knowledge—I have been twelve months with Mr. Parker—there were no dry baskets in the loft till they were brought by Bounce—I have frequently received baskets when my master was not there, and told him of them when he came back, sometimes not for two or three nights afterwards—he sells them every day—I sell for him—he sends them down to Barking to sell—whatever we get is sent down—I keep an account of the baskets that are brought—I do not keep a book; it is on a board, in chalk—that remains till Saturday night, and it is taken round to his house, and rubbed out—it was about 5 o'clock when I found Solly Mitchell coming out of the loft—I never was charged with anything in my life—I am nineteen years old—I saw Charlie there that evening—he went to have his tea.
EDWARD BEAUMONT . I am the proprietor of this building. The upper part is occupied by Parker—it is my mother-in-law's—I manage it—Parker has had the shed two years—I have known him fifteen years—I live on the premises—Parker had not been there for three or four days, for I had to complain to him of the dirty manner in which his man kept the premises.
BOUNCE— GUILTY of stealing. Aged 22.— Confined Six Months.
HYAM— GUILTY of stealing.** Aged 30.— Confined Eighteen Months.
PABKER— GUILTY of receiving.—Recommended to mercy by the Jury. — Confined Three Months. (Parker received a good character.)
OLD COURT.—Wednesday, January 4th, 1854.
PRESENT—The LORD MAYOR; Mr. Baron PLATT; Mr. JUSTICE CRESSWELL; Mr. Ald. WILSON; Mr. Ald. FINNIS; and Mr. Ald. CUBITT.
Before Mr. Baron Platt and the Third Jury.
MR. CLARKSON conducted the Prosecution.
ROBERT BAXTER, ESQ . I am the head of the firm of Baxter, Rose, and Norton, solicitors and Parliamentary agents, of Park-street, Westminster. I knew nothing of the prisoner until Friday, 2nd Dec.—at that time there was a vacancy for a master in a school at Finningley, in Yorkshire—I had received certificates or recommendations from the prisoner, through the intervention of Mr. Woodhouse, the rector of the parish—there were about
ten or a dozen certificates of character, which the prisoner had transmitted to Mr. Woodhouse—on Friday, 2nd Dec, the prisoner called at my place of business—I said to him, "I have received these documents" (holding the certificates in my hand) "from Mr. Woodhouse, the rector of Finingley, and he states that you have sent them to him, and are applying for the situation, of schoolmaster there"—he replied, "I sent these to Mr. Woodhouse"—at that time I had them before me, and produced them to him—among them was one purporting to have come from the Rev. Mr. Johnston, the rector of Lutterworth, dated in Nov., 1853—I told the prisoner that Mr. Woodhouse had requested me to see and examine, and judge of his qualifications, and if I thought him qualified, to engage him.
COURT. Q. What did you say about that certificate; you say you showed him that among others? A. I asked him if he had the original; I showed him that one.
MR. CLARKSON. Q. Did it purport to be a copy? A. They were all copies.
COURT. Q. Then when you say "certificates," you mean copies of certificates? A. Yes, copies of certificates.
MR. CLARKSON. Q. When you produced that to him, you asked him if he had the original? A. Yes; (I had not, at that time, received any letter addressed to Mr. Woodhouse from Mr. Johnston)—the prisoner replied that he would bring the originals at any time—I then examined him as to his knowledge of the subjects which would be required in a schoolmaster; and having done so, I told him I would rather see my friend Mr. Woodhouse, in the country, where I was going the next day, and judge of his expectations, and appoint another day upon which the prisoner could bring the originals—I saw the prisoner again on 7th Dec.—between the 2nd and 7th I had seen Mr. Woodhouse, and received a letter that had been addressed to him by Mr. Johnston—when the prisoner came on the 7th, I asked him if he had the originals with him—he produced various originals, and, among the rest, one which he said was signed by Mr. Johnston, the rector of Lutter-worth—this is it—(read: "Gentlemen,—Mr. and Mrs. Sharman have been known to me for some years; and for some time they had the charge of a large school, under my control and superintendence, which they conducted with great ability and success. Indeed, the committee, parents, and children, were sorry when they resigned; and some of the latter presented them with small tokens of their esteem. I have therefore very great pleasure in bearing my testimony to their excellent moral character, and their suitability for the office of instructors to the rising generation, and can with confidence recommend them for the situation they seek, knowing them to be peculiarly adapted for the right management of children. (Signed) W. H. JOHNSTON"—dated 12th Nov., 1853).
COURT. Q. How did the prisoner describe the gentleman by whom this was said to have been signed? A. I asked him as to that particularly—I said, "Is this the signature of Mr. Johnston, the rector of Lutterworth?"—he said, "It is;" and that there might be no mistake, I said, after a little interval, "Are you sure this is the signature of Mr. Johnston, the rector of Lutterworth?" and he again said it was.
MR. CLARKSON. Q. Had you at that time before you the letter from Mr. Johnston to Mr. Woodhouse? A. I had; and I said, "This is very extraordinary, for I have a letter, which I will read to you, from Mr. Johnston;" and I then read to him this letter (reading it)—"Claybrook, Lutterworth, Dec. 1, '53," addressed to Rev. G. H. Woodhouse. "Rev. Sir,—In answer to your letter, received this morning, I have to state that the testimonial
you have received from Mr. Sharman, bearing my name, must be a forgery for I have given nothing of the kind, nor has Mr. Sharman ever been a master at any school in Lutterworth. Some ten or fifteen years back, or more, there was a Mr. Sharman, master to the infant school at Hinckley, and an excellent master he was; but his moral character proved to be such, that he was obliged to leave. If you can lay hold of the Mr. Sharman who has signed the testimonial, I think he ought to be punished. I suspect he is the man that was master of the infant school at Hinckley. I am, Sir, yours faithfully, R. H. Johnston."—when I had read the letter to him to the end, I observed that the initials to the letter did not correspond with the initials to the certificate—I observed that to him, and said, "How can you pretend this to be the signature of Mr. Johnston, when it has not his proper initials?"—the prisoner was confused; and I then said, "Do you still pretend to tell me that this certificate is his signature?"—he said, "No; but I am sure I have got the original among my papers, and I can find it."
COURT. Q. But I thought this was the original? A. He so stated it, in the first instance, twice over.
MR. CLARKSON. Q. What further passed? A. The prisoner then produced a large book, which I have here, full of various letters, and asked me to look at those—I told him I wanted Mr. Johnston's original, if he had such a thing; but after searching for some time, he said it was not in this book, but if I would let him go home, he would fetch it—I then sent for an officer, and had him taken into custody.
COURT. Q. Then you did not let him go home? A. I did not; I sent for an officer, and gave him into custody.
MR. CLARKSON. Q. Before he stated to you that it was not the original (having first stated that it was), had you called his attention to the difference in the handwriting between the genuine letter of Mr. Johnston and the writing of the certificate? A. I called his attention to the difference in the initials—there is a similarity in the handwriting, but I had not, until I had myself read through the letter to him, seen the difference in the initials—assuming the writing not to be genuine, it appeared to me to be an imitation of it.
Prisoner. Q. Did I, on 2nd Dec, produce any copy of testimonial or testimonials from Mr. Johnston? A. No; the copy testimonial from Mr. Johnston was among those which were transmitted to me from Mr. Wood-house as received from you, and was among the testimonials which I exhibited to you, and asked for the originals—I asked if you could produce the originals—you said you could—I told you I could not look through those originals at that time, but you said you would produce them at some other period, any time I might fix—I did not mention Mr. Johnston's name at all to you on 2nd Dec.—on 7th Dec you produced to me the paper which I have handed in, which you stated to be the original, and I had in my hand the copy testimonial which Mr. Woodhouse had transmitted to me.
Q. Upon your oath, did I present to you any single certificate, or any collective number of certificates? A. You presented to me a great many certificates, and that among others—when you entered the room I was opening my letters from the post, and I referred you to my secretary, Mr. Drake, asking you to exhibit all the originals of all the copies which you had transmitted, and begging him to call them over one by one, to see that you had procured all the originals—I asked him to put down the copies, one by one, on a sheet of paper, and then to mark off, one by one, those copies of which you produced the originals—Mr. Johnston's was not ticked—it was
not one of those which you produced to Mr. Drake, but I myself asked you for Mr. Johnston's—I will swear, according to my remembrance, that you did not produce that to Mr. Drake; I had to ask you for it, I remember that distinctly.
COURT. Q. Did Mr. Drake take them, and put them down in your presence? A. He did; it was all done in my presence.
Prisoner. Q. You have stated upon your oath that I presented this to you; I ask you again whether the documents were not collectively presented to you by your secretary? A. All the documents that you produced to him were presented to me collectively; but when I came to look at the list of the originals produced, I found Mr. Johnston's original was not among that list, and I asked you myself for Mr. Johnston's certificate.
COURT. Q. Then it was not produced at first? A. It was not produced at first.
Prisoner. Q. Did I state that that was Mr. Johnston's original? A. Yes, twice over.
Prisoner. Pardon me, you are wrong there, I made no answer. Witness. I asked you the question when you presented me the paper, "Is that the signature of Mr. Johnston, the rector of Lutterworth?"—you said, "Yes, it is; and after a little interval I put the same question again to you, and you gave me the same answer, that it was his signature—I swear that.
Prisoner. Q. You did not ask me as to the signature at all; will you swear that I afterwards said it was not? A. Yes; when I had observed and pointed out to you the difference of the initials to the name, I said, "Do you still mean to say this is Mr. Johnston's signature when the initials do not even correspond?"—you then said, "No, but I am sure I have got the original, and I can produce it to you"—I do not remember your saying that you had received an excellent character from the committee of that school of which Mr. Johnston was a member.
Prisoner. Q. Did I not, when I produced that book, refer you to certain certificates, to prove that I had held a school under Mr. Johnson? A. You did produce two papers, I think, which you begged me to read, to prove that you had been at a school under Mr. Johnston—I read them. over, and told you it did not appear to me that those documents proved any such thing—I do not remember your referring me to a printed document as the last report of that school, of which Mr. Johnston was a constant visitor—perhaps you can point it out to me—(the book was handed to the prisoner, who pointed out two papers to the witness)—I do not remember ever having seen these two printed documents before.
Prisoner. Q. Did you not, when I showed them to you, make the observation that they had nothing to do with this present certificate of Mr. Johnston? A. I could not have made it upon these documents to the best of my remembrance, for I do not remember to have read them before the present moment—you did show me some papers, but they were manuscript papers, and I said as to those, "These have nothing whatever to do with Mr. Johnston's certificate"—I believe you did not show me these—I have no remembrance of them—(looking at another paper pointed out by the prisoner); I think this paper was shown to me—it is signed by Mr. Hayes, as secretary of the school, and is dated Nov. 11, 1831: "Minute of the committee of the Hinckley school. The committee have great pleasure in giving their certificate of good character to Mr. and Mrs. Sharman, and the ability with which they have conducted the infant school for the last four years."
MR. CLARKSON. Q. Is that in print, or writing? A. In writing; it is a copy, not an original.
Prisoner. Q. Did I not show you an original letter of the Rev. Thomas Smith, in which he states that he had received an excellent character of me from one of the members of the committee of that school? A. (Looking at a paper pointed out by the prisoner) yes; this paper was shown to me—it is dated Sheffield, and purports to be signed by Thomas Smith; and upon this, knowing most of the clergy of Sheffield, I asked you who Mr. Smith was.
COURT. Q. What answer was given to your question? A. I forget the purport of the answer, but it did not throw any light upon my personal knowledge of the parties in Sheffield—I then saw an original in his book, the signature to which I think I knew to be an original, from a gentleman of the name of Hoole, in Sheffield—he is a solicitor.
Prisoner. Mr. Hoole was treasurer of a school with which I was connected nearly six years.
Q. Did I say one word to you about wishing to return home in reference to the certificate of Mr. Johnston? A. Yes; after searching for some time, and not being able to find anything in this book, you said if you returned home you could find the original, and would bring it.
Q. Did not I say, in answer to your question about Mr. Johnston's, that I had it not; that I had received other letters from Mr. Johnston, which I had, and that I thought I had one in my book? A. You distinctly said you had it not, and you also added that you had other letters from Mr. Johnston—you looked in your book for the letter, but at last you desired to go home to fetch it, and I then told you I should be obliged to give you into custody—I state that on my oath.
MR. CLARKSON. Q. You have stated that he produced to you two written documents; and that upon the production of those written documents, and reading them, you said you did not consider they had any reference to the signature of Mr. Johnston? A. Yes; I believe those were the two written documents to which he has now referred me in this book—he said he had Mr. Johnston's original, and would fetch it; and he also added that he had a letter, or letters, of Mr. Johnston's besides that original!—I am not quite sure whether he made use of the word "besides," but is was perfectly intelligible that he had a letter, or letters, of Mr. Johnston's besides the original.
COURT. Q. Did he tell you from whom he had received that; paper which he told you was signed by Mr. Johnston? A. He told me he had it from Mr. Johnston; I am quite certain he did not say he had it from a Mr. Sutton—I believe Mr. Sutton's name was not mentioned at that interview—I knew Mr. Sutton very well—he was vicar of Sheffield—he is now dead; he has been dead five or six yean—I believe his name was not at all mentioned at that interview—I certainly should have remembered it if it had been mentioned, because I knew Mr. Sutton so intimately—his name was not mentioned—there were other clergy of Sheffield mentioned a Mr. Lipsey, for instance, but the prisoner decidedly did not say to me that he had received this certificate of Mr. Johnston's from Mr. Sutton.
Prisoner. Q. Did I not distinctly state to you that I received a most excellent testimonial, of which that was a copy, from the Rev. Thomas Sutton? A. Certainly not, nor that Mr. Sutton had written to Mr. Johnston for it, not according to the best of my memory.
Q. Did you not, in answer to my question, say, "I knew Mr. Sutton very well, but he is dead," and I then referred you to Mr. Lipsey, of St. Philip's
Sheffield; also to Mr. Harris, the assistant minister of the Old Church, at Sheffield, and to the Rev. Mr. Langston; and did not you say, in the presence of my wife, that you knew most of the clergy at Sheffield, but Mr. Sutton was dead? A. No; to the best of my remembrance Mr. Button's Dame did not pass between us—Mr. Lipsey's name was mentioned, because it appeared on the foot of one of the documents—I do not remember seeing any document from Mr. Harris or from Mr. Langston—I will swear you said you received this from Mr. Johnston.
REV. HENRY JOHNSTON . I am rector of Lutterworth, in Yorkshire, and have been so about thirty-four years. The signature to this letter is mine, the signature to the certificate is not—I was not at all aware of its existence until I received a communication from Mr. Woodhouse—I wrote the letter to Mr. Woodhouse which has been read by Mr. Baxter—I cannot say how long it is since I had anything to do with the prisoner, but I believe above twenty years—in the month of Nov. last year, or within any recent period, I should not have given aim such a certificate, because I had no knowledge of him latterly; he had been a very good master at Hinckley—I was only upon the committee, the school was not under my control—I did not authorise anybody to write any such letter.
Prisoner. Q. Did not I receive a most excellent character when I became master of the Hinckley school? A. Certainly; you conducted the school to the satisfaction of myself and Mr. Dicey, who was a constant visitor—I do not know whether you resigned the school of your own accord—I cannot say what was the cause of your leaving—I cannot say that Mr. Dicey and myself came over to Hinckley to request you to continue in the school after you had resigned; it is above twenty years ago, and I really could not say one way or the other—I certainly say you were a very good master when you were at Hinckley, but after that I can say nothing.
COURT. Q. How long was he master at Hinckley? A. I believe about four years—he conducted it satisfactorily during all that time.
Prisoner. Q. Did I not receive a most excellent character from the committee of Hinckley on my removal to Sheffield? A. I believe you did—you have not received letters from me since that period, that I know of—I cannot recollect writing to you when you were in the Isle of Wight, but I cannot say that I did not.
Prisoner. I think it was a letter dated 1850; it is not among these papers; it was produced and read before the Magistrate at the first hearing, and I particularly requested the officer to be careful of it; in that letter Mr. Johnston states that he still remembered the excellent manner in which I had conducted the school. Witness. I remember that he did conduct the school very well.
COURT. Q. During the four years he conducted the school well, and when he left you heard nothing against him? A. No, I do not say so much as that.
Prisoner. Q. This letter was in consequence of there being a vacancy for a school at Lutterworth, and in the letter you state that you well recollect my excellent management of the Hinckley school, but in consequence of there being 168 applications for it, you advised me not to apply? A. You call it to my recollection—I did hear of that, and I wrote a letter of that kind, telling you it was no good your applying for the school at Lutterworth—I have stated that I had nothing to do with you for twenty years, but I did not recollect that communication—you have brought it to my mind—I had no knowledge of where you were at all, or what you were doing—
I cannot say that I sent you a letter by a Mr. Firth, about two years after you had gone to Sheffield, to know whether you were comfortable.
Q. You have hinted in your letter to Mr. Woodhouse that there was something in my moral character that made me leave. Do you know Mr. Dicey's handwriting? A. Very well (looking at a letter produced by the prisoner); this is his writing; it is dated 6th April, '42, and begins, "Dear Mr. Sharman,"
Q. Mr. Dicey being a Magistrate, and a principal supporter of the Hinckley school, do you suppose, if there had been anything prejudicial to my character, he would have addressed me in '42 as "Dear Mr. Sharman?" A. No; I should say he would not—Mr. Dicey was certainly in a position to know whether there was anything prejudicial to your character or not, quite as much so as myself—you have been out of my sight for these twenty years, and I did not know at all what was passing with respect to you—I know Mr. Firth, of Ullasthorpe—I do not recollect sending a letter to you by him, I might have done so—I cannot say that I did or did not send such a letter a year and a half after you left Hinckley, wishing to know whether you were comfortable, and if not, the committee were anxious again to receive you—I do not know where the letter that I did write to you was directed, but I remember stating that it was no use your applying for the Lutterworth school, as there were so many other applicants—this is the letter (looking at one produced by the prisoner)—I state here that I well recollect your good management—it is dated 1849.
Q. If so short a time since as 1849 you did not recollect having communicated with me, is it not possible that you may have altogether forgotten having written a testimonial for me to the Rev: Thomas Sutton, some six-teen or eighteen years ago? A. Oh, yes! it is quite possible—I would not swear that I did not give Mr. Sutton a testimonial.
Q. You will not swear that this is not an exact copy of a testimonial that was given by you to Mr. Sutton? A. This signature is not mine, and the date is certainly of last year, Nov., 1853—I certainly have not the least recollection of giving Mr. Sutton a testimonial with the exact words there used; I believe I did not—I do 'not know when the testimonial to Mr. Sutton was given—at the time you left Hinckley I would have given you such a testimonial as this; but I would not have done it latterly—I have never, directly or indirectly, stated in any communication I have made to you, that I would not have done so; I have never, that I know of, ever hinted to you that there was anything incorrect in your conduct—you had no reason to anticipate from anything that you heard from me that I should change my mind with reference either to your character or ability—you never heard anything from me to that effect.
Q. How can you charge me with a forgery, if you do not know whether you gave me a certificate or not? A. Because I know that in Nov. 1853, I gave no such certificate—I know this is not my handwriting, and therefore I know that this is a forgery—I really think I did not give Mr. Sutton this; this is a forgery, because it is not my signature; therefore it is what I consider a forgery—it is not a copy of that given to Mr. Sutton, because the date is different; the date makes all the difference; I might give a very good certificate at one time, but many years afterwards a copy of that becomes a forgery—this does not profess to be a copy, but it professes to be my own, whereas it is not.
MR. CLARKSON. Q. You say you did not recollect, until he called it to your memory, the transaction with respect to a correspondence about
another school which took place in the year 1849; I believe you are now more than seventy years of age? A. Yes; I do not recollect that from the time he left Hinckley up to the time when my attention was called to this certificate, he ever applied to me for a good character for any purpose—in modern times I certainly should not have given him such a certificate as this.
(The letter produced by the prisoner was read, as follows:—"To Mr. J. Sharman. Sir,—I well recollect your excellent management of the Infant School at Hinckley: yet as we have already 168 applications for the school at Lutterworth, and some of them very strongly supported, as your friend, I do not recommend your offering yourself: yet if you send an application, with copies of testimonials, it will be considered by the trustees. I am, yours truly, W. (or R) H. Johnston. Claybrook, Aug. 23,1849.")
MARK LOOM (police sergeant, B 11). I was sent for to Mr. Baxter's office, and received the prisoner in custody—I told him he was charged with attempting to obtain a situation by forging a gentleman's signature—he said he had the original—that was all that passed.
Prisoner. Q. What did you say the charge was? A. Attempting to obtain a situation by forging a gentleman's signature—those were the words I used to you—I took you to the station after I told you the charge—I said nothing else—I did not say, "You may please yourself whether you say anything or not"—I cannot say whether Mr. Baxter was outside the door or inside—I came into the room with Mr. Baxter—Mr. Baxter was closer to you than I was—I do not remember saying, "You can please yourself whether you say anything or not"—I was present when Mr. Baxter gave the charge at the station.
Q. What did Mr. Baxter charge me with? A. Well, there were so many things talked over between Mr. Baxter and the inspector before the charge was taken, I do not know what they were—you stood against the inspector's box at the time the charge was given, when it was entered in the charge sheet.
Q. On your oath, did not Mr. Baxter give me in charge for a certain thing, and did not the inspector say across the desk, "You cannot sustain that charge? A. It was not put on the sheet for some time—I think the inspector went in to see the Magistrate or the clerk—that expression might have been made use of by the inspector—I think Mr. Baxter went in to the Magistrate, and spoke to him—you were present when the charge was entered on the sheet, and so was I—the inspector was not—I do not know that the Magistrate asked you in the police office if you knew the charge—I did not hear him: he might—I cannot say whether the charge was read to you from the charge sheet; that was the inspector's business, not mine—I do not remember whether it was or not—the words you made use of to me were, "I have the original."
COURT. Q. You say you told him the charge on which you took him? A. Yes; the words I said were, "You are charged with attempting to obtain a situation by forging a gentleman's signature"—that was before I came out of Mr. Baxter's office.
FREDERICK DRAKE . I act as secretary to Mr. Baxter. On 7th Dec., some copies of certificates were handed to me by Mr. Baxter, to examine, and make a list of them, and to tick them as I found the originals—to the best of my belief there was not one from Mr. Johnston among those I looked over.
COURT. Q. What makes you say to the best of your belief; have you
any recollection about it? A. I recollect Mr. Baxter holding up one of Mr. Johnston's in his hand shortly after I had looked over the papers, which I had not seen—I had not ticked one from Mr. Johnston.
Prisoner. Q. Did not I give you the whole of the originals that were produced in the room on 7th Dec.? A. You gave me a large bundle, I believe all that you brought with you—there was not one of Mr. Johnston's among those you gave me—you told me they were all; you produced what I supposed was all—I do not know whether you gave any more to Mr. Baxter; I was engaged in looking them over, and I did not see what you might give him—I was standing by Mr. Baxter's side when you were called up to the desk—I had the testimonials in my hand—Mr. Baxter called them over from the manuscript I had made—I do not know that I handed them to him separately as he called them over—I do not know whether you handed any to him—I was examining the papers; my attention was not entirely directed to you—I do not know how it was that Mr. Baxter got hold of this paper; it was not from my list—I think you gave it to Mr. Baxter, but I do not know, because I was engaged in looking over the papers—I did not see you give it to Mr. Baxter—I was present very nearly the whole time.
COURT. Q. Did you hear Mr. Baxter put any question to him about that particular certificate? A. I heard Mr. Baxter say to him, "Now having this letter from Mr. Johnston, do you still pretend to say this is the original? do you still pretend to say that this letter which you have produced to me is Mr. Johnston's testimonial?"—I did not hear the answer to that—I never heard anything said by the prisoner himself as to what that paper was—I heard him say that he could produce the original.
COURT to MR. JOHNSTON. Q. Did you know Mr. Sutton? A. No; Lutterworth is in Leicestershire—I once met Mr. Sutton at dinner, but that was all I knew of him—I know there was such a person—he lived at Sheffield—I can hardly say whether I ever wrote a letter to him—I have no recollection of ever corresponding with him; but a great many letters of business pass, I cannot recollect who with—I cannot recollect all the letters I have written in twenty years—Lutterworth is nine miles from Hinckley—Mr. Dicey, who is a friend of mine, had a good deal to do with establishing that school, and we went to visit it regularly—it was a favourite school.
Prisoner's Defence. I have nothing further to state in reference to the matter than that I did use a copy of a testimonial that Mr. Sutton received; and not wilfully knowing that it was a forged document, I used it as a copy, but not as the original testimonial; I did it under the impression that if I had written to Mr. Johnston, he would not have denied me, more especially as he had written me a letter by the hands of Mr. Firth, requesting me to return to the school, if I was not comfortable; and as late as 1849 he spoke of my excellent management of the Hinckley Infant School; I have never had, directly or indirectly, either from Mr. Dicey, who was intimately connected with Mr. Johnston, as founders of the Hinckley School, or from Mr. Johnston himself, the least intimation that my character had so altered as to prevent them from giving me the same testimonial that they would formerly have done; I have nothing further to say; that was the impression under which I used this copy of the testimonial which it is stated, though it is not true, that I said was the original.
(In opening the case, MR. CLARKSON called the attention of the learned
Judges to the peculiar nature of the indictment, and to the difficulty which might occur in point of law in establishing it; there had been no case precisely similar; the nearest to it was Regina v. Toshach; in that case, however, there was a charge of intent to defraud included; here the only intent alleged against the prisoner was to deceive and prejudice; the question would therefore be, whether the prisoner uttered the document in question with intent to prejudice anybody, and whether it was such a prejudice as the law would recognise.)
(In summing up, MR. BARON PLATT intimated that the case would be reserved for the consideration of the Judges, and requested the Jury to say, first, whether if they were of opinion the prisoner either forged or uttered the document in question, with what intent he did so; whether it was with intent to gain the emoluments of the situation he was taking, and with intent to deceive; or with intent to prejudice anybody; and if so, whom.)
GUILTY of uttering, with intent to deceive, and to obtain, the emoluments of the situation .— Judgment Reserved.
Before Mr. Justice Williams.
MR. THOMPSON conducted the Prosecution.
MICHAEL FLEMING . I am a labourer, and live at Union-row, Tottenham. The prisoner keeps the house, and lives in it; I paid my rent to him—I occupied the front room, first floor—I went home between 1 and 2 o'clock on Christmas morning; that is, after midnight—I went to the door, and asked him to let me in—he would not—the door was fastened against me on the inside—I called out to the prisoner to let me in—he said he would not let me in—he was in his own kitchen; that is the front kitchen, on the ground floor—after that I went to the front window on the ground floor; the prisoner rose the window up—I put my head to the window and saw John Costello inside, in the kitchen, and he told me if I offered to come in the prisoner had a gun inside to shoot me—the prisoner could hear what he said—I could not see him at that time, but I put my head to the window, and directly I did so the prisoner shot me through the open part of the windows—I did not put my head inside; I put it over on the outside, to see where he was—I received the shot in the face and shoulders—there had been no altercation between us before this, nor any quarrel—he had made an attempt to shoot me a fortnight before.
Cross-examined by MR. SLEIGH. Q. Are you any relation of the prisoner? A. No; I never saw him till I saw him in this country—I suppose it is near upon twelve months since I saw him in this country; I have been from Ireland very near twelve months—I am not married—I was supposed to be engaged to be married to the prisoner's niece—when I first knew the prisoner it was at the house where he now lives—I proposed to rent a room in that house, and so I did—that was more than a month before Christmas—I told him I wanted the room for my father and mother, and my own family—I believe Costello is a nephew of the prisoner's—I did not want the room to any other purpose; perhaps he thought that I did—I did not want the room for any other purpose besides living in it—I did not, before I left Ireland, become a member of the Ribbon Association; I know nothing about it—I will take my oath that I am not a member of the Ribbon Association in Ireland—I never knew anything about it till I heard the prisoner talking about it—my brother Thomas is not here: he is at home; he is not a
member of the Ribbon Association—I am not the member of any association in which I have taken an oath; I swear that—I never spoke to Costello about an association of that kind—I never became a member of any society or association in Ireland before I came to this country—I do not know that I had any altercation with the prisoner the night before this occurrence—there were no words or blows between us—I did not strike him, nor did my brother Thomas, in my presence—there was no row at the house that evening between my brother Thomas and me; it was between the prisoner and his wife; I took no part in it—he called the police—we had nothing to do with it—my brother and I were not turned out of the house by the police in consequence of our violence—I did not turn the prisoner out of his house; he went out himself—that was on Christmas eve—I had nothing to do with his going out—I cannot say that he was put out by force, or that he went out quietly; I did not put him out by force: he was not put out by force in my presence—I do not know Mary Hannigan and Mary Jane Hannigan not by name, without it is the prisoner's wife and daughter—I have not, in the presence of his daughter, threatened his life—I did not do so about a fortnight before this occurrence, nor did I threaten to kill him if he revealed anything about a society of which I was a member—I have never been in the army; I do not think I am fit for it—I have never been in Her Majesty's service, either in the army, or navy, or in any other way.
MR. THOMPSON. Q. How old are you? A. I suppose about 22, more or less, I do not know.
COURT. Q. You say that a fortnight before this happened, the prisoner made an attempt to shoot you? A. Yes; but I made an effort to snatch the gun out of his hand, and it went off—he had the gun in his hand, I do not know whether it was loaded or not—I took it out of his hand—his wife and daughter, I think, were there at the time—there were a few in the house; I think my mother was there, too—it was between 8 and 9 o'clock at night, and in his room—I took it out of his hand because I was in dread of his shooting me—I thought I had better have it in my own hand than his—I do not know what led me to be in dread that he would shoot me—the man is a very queer man—that was the only reason; I did not see any reason that he had to do it.
JOHN COSTELLO . I am a labourer, and live with the prisoner. I am his wife's nephew—I remember Fleming coming home between 1 and 2 o'clock on Christmas morning—I heard him call out to the prisoner to let him in, I was in the same room with the prisoner at the time—he talked to Fleming about the rent, and about a clock that he had bought of him—Fleming told him that he did not owe him any rent, that he owed him 3s. on the clock, and when the bread score that Hannigan's wife drew from Fleming's mother was settled, whatever he owed him in the line of rent he would pay him—Fleming then walked up stairs into his own room, the front room—I am speaking of Christmas night; this was between 1 and 2 o'clock in the morning—in about two minutes Fleming came down again, opened the door, and went out, and then Hannigan took and barred the door—the gun stood in the corner of the room—he went and took it out of the corner, came to the front window, rose it up, and walked back again to the passage door, at the foot of the stairs up which Fleming lived—he pulled a percussion cap out of his pocket and put it on the nipple of the gun—I asked him if he knew what he was a doing of—he said, "Yes, I do; and if you stir I will blow out your brains"—Fleming directly came to the door outside, and knocked at it to be let in—the prisoner would not let him in—Fleming
came to the window, and put his head on to the window to see if he could see anything of where Hannigan stood—I hallooed out to him to leave, for Hannigan had got a cap on the nipple of the gun to shoot him, but he had not time to draw his head back before Hannigan shot him—this (produced) is the gun.
Cross-examined. Q. How long have you been from Ireland? A. About twelve months last Christmas—I did not come over along with Fleming—we did not live in the same part of the country—I did not know him before—I first met him at Tottenham—I was living there at that time; it is the house where his mother and brother lived, in Union-row, in the back kitchen of Hannigan's house—I live and sleep in the same room with Hannigan—Hannigan and Fleming had a row a fortnight before this occurrence—I did not see Fleming strike him—I cannot say what the row commenced about—I was not present when Fleming first came to Hannigan about hiring his room—I do not know that Fleming wanted the room for anything besides living in—I do not know that he belongs to any society—he has never asked me to join any association that he belongs to—I never heard him talking of a Ribbon Association—I heard Hannigan call him a deserter and a Ribbon man—I do not know that Fleming has been in the army—it was at the time of the row I speak of that Hannigan called him a deserter and a Ribbon man, a fortnight before Christmas—Fleming replied that he was no such thing—I did not hear him say that he would be the death of Hannigan if he ever revealed anything he knew about the Ribbon men—I will swear he did not say anything of the kind—the prisoner's little daughter was present at this row—I suppose she is eight or ten years of age—she was in the kitchen, but she was sent out by her mother for the police—Hannigan sent for the police—I was in the house the evening before Christmas—there was a row there that evening—Fleming did not strike Hannigan several times—I will swear he never struck him that night—Hannigan sent out his daughter for the police that night—I cannot say whether that was on account of Fleming's conduct—he was not struck by a brickbat by Fleming, or by a stick or a shillaleh—I cannot say what he sent for the police for—Fleming did not strike him that night—he was not obliged to leave his house—he did not leave it—he ran out into the street and hallooed out for the police, and then he came in again—Fleming did not lay hold of him by the collar and turn him out—I swear that—I had been drinking with Fleming that night—not at a public house, it was at a house in the row, about threescore yards off Hannigan's door—we were drinking two pots of beer between eleven of us—six of them were lodgers, and five of the family—I had not gone to bed at the time Fleming was shot—Fleming's mother came over to this house where we were drinking, and asked me to come over and see if I could keep Hannigan quiet, for he was smashing all that was in the house—at the time this occurred I was down stairs in Hannigan's kitchen; that was where the conversation took place between Hannigan and Fleming about the rent and the clock—that did not occupy above three minutes, and then Fleming went up stairs; he then came down again and went out, and it was after that that he was shot—he came and rapped at the front door to be let in—he rapped with his hand, not with a stick or a brick—he did not make a great noise; he merely came to the door the same as any other man, and rapped at it to be let in—it was on that that Hannigan took the gun from the corner and threw up the window—the gun was in the same room where we were.
—I found the prisoner in the first floor back room, partly undressed—I told him I apprehended him for shooting a man—he said he was justified in doing it, to defend his own house—on searching him I found some shot in his pocket, which he said was the same as was in the gun—I brought him down stairs, and there saw Fleming with his face bleeding—I took the prisoner to the station.
Cross-examined. Q. When you went into the front room out of which the shot had been fired, did you not find several brick bats lying about? A. The prisoner pointed out some brick bats to me that were there to the number of nine, they were in the front and back rooms—he said those were the bricks that had been thrown in.
ROBERT CAPON GUY (policeman, N 395). I went to the prisoner's house on the morning in question, and found this gun in the front room first floor—I examined it, it had been recently fired—I took Fleming to the surgeon's—he had twenty-two shot wounds on the shoulders and along the neck, in the jaw and one on the forehead—I produce the smock frock that he had on at the time.
(MR. SLEIGH requested that before addressing the JURY, the prisoner might be permitted to make his own statement; he was aware the application was somewhat an unusual one, but it had been granted in the cases of Reg. v. Williams, and Reg. v. Dyer, reported in 1 Cox Criminal Cases, and under the peculiar circumstances of the present case, he trusted that course might be permitted. The learned judges were of opinion, that there was nothing so peculiar in the present case as to warrant a departure from the usual course. MR. SLEIGH therefore addressed the JURY for the prisoner, stating hat he could not contend against the facts, and that the question was one solely of intent.)
Witness for the Defence, examined at the prisoner's request.
MARY JANE HANNIGAN . I am the prisoner's daughter. I was present a fortnight before Christmas, when there was a row between my father and Michael Fleming—Fleming knocked my father down three times, they knocked him up against the chimney piece, and Sarah Costello almost broke his head with an umbrella—she beat him with it and then they threatened to have his life two or three times, that was Michael Fleming and his brother Thomas—they said if he said anything more about Ribbon men, or anything of that sort they would have his life—I was at home on Christmas Eve; after 1 o'clock Fleming's mother was settling about the rent—my father said they owed him 5s.—Fleming said that he did not, and then he began to abuse my father—my father told him twice to go up to his own apartment—he said he would not—he was abusing my father a long time—at last he went up to his own apartment—he was not there above ten minutes when he came down again, and he abused my father again and knocked him outside the door, and shut the door on him—after that my father came in, and Michael Fleming threw bricks in through the window and broke this blind; these are parts of the broken blind (producing them)—he was throwing nine or ten bricks in, and then after that the shot was fired, my father was in danger of his life—I was outside the house when the bricks were thrown—Mick Fleming threw them—there were persons there who came over from the lodging house and began to abuse my father, that was after the gun was fired—there were persons outside throwing bricks before the gun was fired, my father sent me for the police—that was before the shot was fired, when they knocked him outside the door—I did not go for the police, I did not like, it was such a late hour in
the night—I do not know whether my father went—he sent me and my mother to fetch the police, before the shot was fired—when Fleming knocked my father out of the house he said the house belonged to himself, he had possession then—after that when my father ran out of the house there were bricks thrown in, and after the shot was fired there were more bricks thrown in.
Cross-examined by MR. THOMPSON. Q. How old are you? A. I think I am turned thirteen, I do not know my proper age—I sleep in the top room of the house—I go to bed at 8 or 9 o'clock sometimes—my mother and father sleep with me—my mother is here—I did not see my father fire the gun—I was outside, standing by the door—it was about half-past 1 o'clock—I saw Fleming outside—I was outside when my father shut the door—I never go to bed before my father and mother—I saw some bricks thrown into the back room when the door was open—they smashed the door leading into the back room—it was smashed with the bricks—that was about a quarter of an hour before the gun was fired—I saw my father open the window—I did not see him with the gun in his hand—the gun belongs to Mr. Board, a farmer—Costello is my cousin—he lives with us, and is on friendly terms—I saw him that night—they were all out drinking till 1 o'clock—Costello was inside when the gun was fired—I do not know why he did not go and fetch the police—I saw Fleming go up to his own room—that was before the gun was fired—he would not go till his mother forced him up; and he came down again, and began the fight again—he went outside after he kicked my father out—I think the door was fastened when he was outside, at the time the gun was fired—I did not see my father fasten the door, I saw him shut it—I did not see my father attempt to fire the gun at Fleming ten days before this—Costello was present at Christmas Eve, and heard what occurred—my mother did not go for the police, nor did I—we were both outside the door, just a little way from it.
GUILTY of unlawfully wounding. Aged 55.— Confined One Year.
NEW COURT.—Wednesday, January 5, 1854.
PRESENT—Mr. Ald. HOOPER; Sir JOHN MUSGROVE, Bart., Ald; Mr. RECORDER; Mr. Ald. FINNIS; and RUSSELL GURNET, Esq.
Before Russell Gurney, Esq., and the Fifth Jury.
JOHN GREEN . I am a boot blocker, and live in Trinity-court. On the morning of 20th Dec., between 1 and 2 o'clock, I saw the prisoner in a public house in Old-street; I was with her about half an hour—I came out and went with her in a cab up to the Strand—I got out of the cab, went in a house, and had something to drink—I stopped a few minutes, and came out, and we got to Newgate-street in the cab—I then found my money was gone out of my pocket—it was safe when I got in the cab the last time—I had 14l. or 15l. in a stocking—I stopped the cab, and gave the prisoner in charge—I had not given her any money.
Prisoner. When I first met him in Old-street, there was another gentleman with him—he asked me three times to go in the cab before I consented, and he said he would make me a handsome present. Witness. I did not
promise to make her a handsome present—there was a gentleman with me, a friend of mine—I know him very well—I did not take liberties with you in the cab, and give you the money.
JOSEPH WIGLEY . I am a cab driver; I took the prosecutor and the prisoner on the morning of 20th Dec.—there was another person with them—at first they were all three in together, and afterwards the other person came outside—I afterwards heard the prosecutor call to me to stop, which I did momentarily—he said, "I want a policeman;" a policeman was close handy—I and the policeman afterwards searched my cab—we did not find anything; the prosecutor's friend gave me a shilling—the prosecutor pulled a stocking out of his pocket, and in it was 5l.—his breeches were undone and his shirt was hanging out.
SUSAN MARSHALL . I searched the prisoner at the station house, on the morning of 20th Dec; I found one sovereign in her bosom, and one sovereign and some silver in her purse—she said, "That is all the money I have"—I took her stocking off, and found nine sovereigns in it.
Prisoner's Defence. The prosecutor made me a present of this money; he took liberties with me, and after he had done as he liked, he said if I did not give him the money he would give me in charge; I did not think proper to give it him hack after his using me as he had; he asked me two or three times to go in the cab before I would consent; the other man knows that he asked me, and he told the Alderman that he did; he was very drunk; the 2l. was my own.
JURY to JOHN GREEN. Q. Were your fourteen or fifteen sovereigns together in the stocking? A. Yes; I had not drank more than a glass or two.
JURY to JOHN FULLER. Q. In what state was the prosecutor? He was not drunk; he was more excited than drunk.
GUILTY . Aged 22.— Confined Three Months.
MR. SLEIGH conducted the Prosecution.
THOMAS WARREN . I live at No. 30, Wellington-street, Bethnal-green. I am a labourer—the prisoner Gayton was in my employ—in Dec. I wanted to buy an old omnibus, and on Sunday, 4th Dec. Gayton brought Chapman to say that he knew of a bus to sell, which was in George-yard, Whitechapel—he did not mention the name of the person to whom it belonged till we got there; he then said it belonged to Mr. Emanuel, the proprietor of omnibuses—I went into the yard with them—I saw Mr. Emanuel there, but I did not speak to him myself—both the prisoners went and spoke to him—they returned to me, and then Gayton said the price was 8l. 10s.—I saw the omnibus—Chapman was within hearing of what Gayton said—I told them to buy the bus as cheap as they could—Gayton told me there must be a deposit of 2l.—Chapman was then present—Gayton had at that time money of mine in his possession, to the amount of about 40l., and I authorised him to pay the 2l. deposit—I could not get the omnibus to my premises till 12th Dec.—I and the two prisoners went on 12th Dec. to pay the remainder of the money—we all three went to the Spread Eagle—the prisoner left me there, and went to Mr. Emanuel's
yard—before they went, Chapman wrote this receipt—(read—"Dec. 11th, 1853. Bought, an omnibus of Mr. Emanuel, for the sum of 8l. 10s. Thomas Warren")—when this was written, I said to Chapman, "Go over, and pay Mr. Emanuel the remainder of the money, and get the bus"—I had paid it in three instalments—2l. was the deposit—after that 3l. 10s. was given by me to Chapman, to pay to Mr. Emanuel; and on this last occasion I gave Chapman 3l. in the public house where he wrote the receipt, and authorised him to pay the balance—he took it away to get the receipt signed, and he afterwards gave it to Mr. Emanuel's ostler, to give it to me—Gayton did not go with Chapman—I called his attention to get the bus out, as there was a confusion—I got the bus to my own yard—Chapman did not come back to me to the public house—he came to lend a hand to get the bus out—the ostler gave me this receipt—Chapman was close to him—I saw Chapman give it to the ostler, and the ostler handed it to me.
Cross-examined by MR. PAYNE. Q. What are you? A. A labourer—Gayton was in my employ—I labour on the water department in lightering—I help to row a lighter, and have done so for twenty-five years—I wanted a bus because I thought I could get a little more money that what I am doing—Gayton introduced Chapman, and I went to Mr. Emanuel's, and saw the bus, and saw Mr. Emanuel, but did not speak to him, because the prisoners understood the business better than I did—I have sold the bus again for about 4l.—I did not buy it to sell it again, I bought it to get a few things from Romford—it was proposed to cut it down into a van to move goods, or do anything—I wanted to do the best I could—I was to trust Gayton to do this—I went to Mr. Emanuel's every time that they went; but I did not know the value of it—I left it to Gayton—I saw Chap-man write the paper in my presence, he went to Mr. Emanuel's—I did not tell him to write it—he wrote it on his own ideas and judgment; he said, "I shall take it over to Mr. Emanuel, and get it signed"—I did not make it out myself, for I am no hand at writing—when Chapman gave the receipt to the ostler, I was standing at the corner of Mr. Emanuel's gate as they came up a long yard; and as they came I saw Chapman give it to the ostler, and he gave it to me.
Q. But why did you give money to Chapman, when you say Gayton owed you 40l.? A. I could not get the money away from Gayton—he held the purse and shook it at me, and said, "Not a pound shall you have"—I did not tell Chapman to put "paid" at the bottom of the paper—he did put "paid" but I did not tell him—I do not recollect telling him to put it—I told him to go and pay Howe—I did not look at the receipt—I could not read well enough—I know this is the paper—I am not such a dunce but what I know that this is the paper he wrote.
Cross-examined by MR. LOGIE. Q. It was Chapman that made the receipt out in the public house, and went to Mr. Emanuel with the ostler; and it was he also that brought it back and gave it to the ostler in your presence? A. Yes; this 40l. that Gayton had was money I had lent him—I had advanced it to him, and he used to shake the purse before me and tell me I should not have it; that was the reason I gave Chapman the money—I was obliged to find money to pay for this bus, because I could not get the money from Gayton—they said the gentleman would only deal with one of them two, as they knew him—I said, "You go and get the bus as well as you can"—I never was in partnership with Gayton—I have bought ponies, they were what he bought; I allowed him to buy them, as
I thought he knew better than I did; they were curious ones—one had a horn, and the other was very diminutive—they were to be exhibited, and I told him I would give him a little more if I found I could get my living by them—I had confidence in him, I am very sorry I had.
ALFRED EMANUEL . I am an omnibus proprietor, and cigar manufacturer, in Church-lane. In Dec. I had an old omnibus to dispose of in George-yard—on a Sunday in Dec., I remember Gayton going to my yard—I cannot say whether Chapman was with him—there were three or four outside; I did not look to see who they were—Gayton asked what the price of the omnibus was; I told him 4l., and I agreed to take 3l. 10s.—he went away, it might be, for two minutes, and came back and gave a half sovereign as a deposit—I saw him two or three times after that, as I was going to the stable—I saw Chapman and him together sometimes, and sometimes I saw them singly in the yard where the omnibus was—on the next Saturday night I saw Chapman, he said he would come and fetch the bus on the Monday morning—on the next Monday Chapman came, and my ostler was with him—Chapman then paid me 3l.—I did not receive from either Gayton or Chapman any other amount for that omnibus—I gave him a receipt in my own writing; I did not see Gayton at that time—no part of this paper is my writing except the stamp—this part which is on the stamp is my writing—I never saw this paper.
Cross-examined by MR. PAYNE. Q. This "Ed. Emanuel," across the head, is your writing? A. Yes; this stamp was on my paper—I should say that the 3l. 10s. was a fair price for that omnibus—I never saw Mr. Warren at all—he was not at my place looking at my omnibus when I was there—I never saw Gayton after he paid the 10s., except as I might see any one else.
WILLIAM HOME . I am horse-keeper to Mr. Emanuel. On the Monday morning when the omnibus was taken away I was there—I saw Chapman pay my master some money—Gayton was in the yard—Chapman parted from him, and I went with Chapman to Mr. Emanuel—I saw Mr. Emanuel give Chapman a receipt, which was in Mr. Emanuel's handwriting—this paper (looking at it) is not the one that Mr. Emanuel gave him—this is not Mr. Emanuel's writing—this statement (looking at it) is Mr. Emanuel's writing—as we were going across Whitechapel, Chapman gave me a piece of paper—he told me to give it to Mr. Warren—I cannot swear whether this is the paper—I did not open it—it was about this size—we were all four in the Angel public house before we went to the yard—I saw Chapman write a piece of paper, but I am not prepared to say it was this.
Cross-examined by MR. LOGIE. Q. When Chapman went to Mr. Emanuel, was Gayton in the yard? A. Yes.
WILLIAM COPPING (policeman, K 379). I took Chapman—Gayton came up about a minute afterwards, and I took him—Chapman said, "I know nothing about robbing him"—Gayton said, "I am a partner with him"—I found this paper on Chapman.
COURT to WILLIAM HOME. Q. Had Chapman a horse standing at your master's? A. There was a horse standing in the yard—I did not hear any dispute between him and Mr. Warren about the horse.
(Paper read: "Thomas Warren, bought of Mr. Emanuel an omnibus at 8l. 10s., leaving 3l. to pay." On the back of the paper was "Thomas Warren.")
CHAPMAN— GUILTY . Aged 36.
GAYTON— NOT GUILTY .
MR. SLEIGH conducted the Prosecution.
THOMAS WARREN . I live at No. 30, Wellington-street On a Saturday in Dec., both the prisoners represented to me that there was an omnibus for sale—Gayton told me so, and Chapman was with him—they both spoke to me respecting the omnibus—when we got to the place, both the prisoners looked at the omnibus, and they came and said to me, "It is 9l.; 8l. 10s. it can be bought for"—they both came to me as I was standing in the yard—on the faith of that representation I authorized Gayton to pay 2l. out of some money of mine which he had in his possession, he being my servant—the omnibus was afterwards brought to my establishment, and I afterwards paid a further sum into the hand of Chapman—the last payment was 3l.
COURT. Q. When was the second sum, the 3l. 10s. paid? A. On Saturday night, the 10th—it was handed by me to Chapman, in Gayton's presence.
MR. SLEIGH. Q. You still believed that 8l., 10s. was to be paid, and on the strength of that representation you parted with those various sums of money? A. Yes.
Cross-examined by MR. PAYNE. Q. How came you not to speak to Mr. Emanuel? A. Chapman said he did not want more than one to go—he said he would not deal with two or three—I might have said myself, "We need not all go to poster the gentleman"—I cannot say.
Cross-examined by MR. LOGIE. Q. Did I understand you to say that Gayton was present on the second payment? A. Yes, he was—that 3l. 10s. was to be given to Mr. Emanuel directly—I understood it was to be given to him at once—it was money belonging to me in Gayton's possession that I authorised him to pay the deposit out of—he had my money and I said, "Go and pay 2l. deposit"—he admitted having my money by showing the purse to me—he said he had got my money, but he should not part with it—he was in my employ—he was not a partner with me is all these transactions—he was not a sharer of the profits—when he did anything I paid him—when I could afford to keep him on I paid him—when he sold anything I paid him—there was no agreement between us as to sharing the profits—if he sold a horse I gave him something more for that—whatever he sold for me I gave him something more.
Q. On this pony transaction, you were to exhibit them? A. Yes, he said he could exhibit the ponies, and I said, "Well, I will take and give you a share of the profits"—Gayton told me the amount of the deposit that was to be paid—he said 2l. was to be deposited—that was in the yard, after he had been to consult with Mr. Emanuel—I saw him go and speak to Mr. Emanuel—when he came back, both the prisoners told me there was 2l. to pay—they both asserted it—they said they had bought it at 8l. 10s., and there was 2l. deposit to be paid on it—Gayton did not represent that Mr. Emanuel had asked him for 2l.—he said, "We must pay 2l."
COURT. Q. What did you say? A. I said, "If that be the case, you must go and leave 2l."—he said there was 2l. deposit on it to be paid.
MR. LOGIE. Q. Did he say that Mr. Emanuel required him to pay 2l.? A. He did say that he required 2l. to be paid; I did not say that Gayton did not say that Mr. Emanuel required it—he came to me and said, "There must be 2l. paid on it as deposit, else we shall not have it"—it was 40l. that he had of me—I am sure of that—it was not 21l.—I wish it had been no more—I distinctly mean to represent that Gayton was not a partner with
me, except in the transaction of the ponies—there was no partnership what-ever—my payments were 3l. 10s. on the Saturday night, and 3l. on the Monday morning.
JURY. Q. You paid 6l. 10s. out of your own pocket? A. Yes; the other 2l. was paid by Gayton out of money he had of mine—the two prisoners told me they were to deal with Mr. Emanuel—they told me one of themselves must go; he would not deal with me.
ALFRED EMANUEL . In Dec. I had an omnibus to sell On Sunday, 4th Dec, the prisoner Gayton came to my establishment, and asked the price of the omnibus—I said 4l., and said he might have it at 3l. 10s.—he paid me a deposit of 10s.—on the Monday morning, when the omnibus was taken away, Chapman paid me 3l.—I did not receive any more—I did not ask Chapman or Gayton 8l. 10s. for the omnibus, nor for 2l. deposit.
Cross-examined by MR. LOGIE. Q. Are you quite certain it was Gayton gave you the 10s.? A. Yes, T am almost certain; it was in the stable in the dark—I had not known him before—I am sure it was him who asked me the price of it; I never had any doubt about it—I know his clothes—our conversation did not last two minutes—I had no motive for looking at the men—I had not asked him for a deposit at all—he said, "Here is 10s.; I will fetch it away the beginning of the week"—I cannot say that I saw him any more.
Cross-examined by MR. LOGIE. Q. This payment was made in the public house? A. Yes, and we all came out together; Gayton and Mr. Warren went towards the yard; Chapman and I went to Mr. Emanuel's shop.
Cross-examined by MR. PAYNE. Q. You saw Chapman write on a paper at the public house; did you hear Mr. Warren tell him to put "paid" at the bottom? A. No, I did not; I saw Chapman pay Mr. Emanuel 3l., and Mr. Emanuel gave him a receipt—in the public house I saw Chapman write on a paper—I did not see the word "Paid" at the bottom; I heard the word "Paid"—I did not hear Mr. Warren tell him to put "Paid" at the bottom—I signed my name to the paper at the police office—(The witness's deposition, being read, stated: "I was in the Angel public house; I saw Chapman write on the paper—as it was lying on the table, I saw the word 'Paid' at the bottom—I heard Mr. Warren tell him to put 'Paid' at the bottom.")
Q. Now which is true? A. I heard the word "Paid" mentioned; I am sure I cannot say whether I saw the word "Paid" at the bottom—I did not hear Mr. Warren tell him to put "Paid" at the bottom—if I said I saw the word "Paid" on the paper I was mistaken.
Cross-examined by MR. LOGIE. Q. When you took Gayton, he said he was a partner? A. Yes.
CHAPMAN. GUILTY .—Aged 36.— Confined Twelve Months.
GAYTON. GUILTY .—Aged 32.— Confined Six Months.
Before Mr. Recorder.
MR. THOMPSON conducted the Prosecution.
JOHN TROTTER HAMILTON . I am master of the Venus, trading from London to Newcastle. On Wednesday, 21st Dec., about 2 o'clock in the day, I came on to Tower-hill; as I came across, the prisoner Large asked me to be so kind as to show him the way to London-bridge; I told him I would show him as far as I was going—I was going to the Goal Exchange—he and I came across the hill, and in crossing Bear-lane, he said he was going in to have a glass of ale, would I come along with him—I told him my time was short, I did not wish to go; but by persuasion, I went with him into the Ship Afloat, in Bear-lane—Mr. Brown's name is over the door—Large went up stairs, and I followed him—he called for two glasses of ale; they were brought in and handed to Large, and stood on the table—another man came from the farther end of the room, and he showed to Large three nut shells—he said, "Those men who were sitting at the table, asked me what I called these, and I called them monkey skulls, which I brought from Gibraltar with me;" and he said to Large, "I will show you how I play with them"—Large sat down, and he asked me to sit down, and I sat down on his right hand—the prisoner Crane then came in, and sat down by the side of me; they did not appear to know each other—as soon as I sat down, he sat down on my right hand, and he got on playing with that gentleman who had the nut shells—I can hardly describe the play—there were three nut shells and a pea under them—I do not know whether Large began to play first, but one of them did—I do not know whether it was 5s. or 10s. at first—it was to know what shell the pea was under—one of the prisoners was betting with the man who was playing with them—I do not know which began first, but they both betted; one at a time—after that, Crane, who sat on my right hand, persuaded me to bet—he said, "You had better try"—I said, "I have only 5s. in my pocket; that is all I have—I betted the 5s. and I won; I found the pea the first time—Crane then put a half sovereign into my hand; he held the money—the man the shells belonged to staked the other 5s.—Crane then said to me, "You had better try again: try your luck, you are lucky"—the man that had the nut shells was shuffling them about all the while, and he said he would bet a sovereign that no one would find out where the pea was; so I betted the half sovereign, and I just put my hand on the shell where I thought the pea was, and there was no pea there, and I lost—I said, "I have got no more money now, I am done"—one then consulted with the other; they looked at one and then at another—I looked at them, and they looked at me, and Crane said he was a loser too; but he did not say how much, and I do not know how much—Large then put his hand in his pocket, and said to me, "There are two sovereigns I will lend you"—I took the two sovereigns—he just put them into my hand, and said, "I will lend you these two sovereigns, you are sure to win this time"—the player was shuffling the shells round at the same time, and showing me the pea—I saw it two or three times—he then said he would bet five sovereigns to one, or 5l. to 1l. that no one would find the pea—the two prisoners said, "Try," and I betted the two sovereigns, and there was no pea there—I then said I had no more money; I was done again; and I came out of the house, and the two prisoners came out too—I do not know what became of the player;
I did not see him—I walked up a little towards the Coal Exchange, and I said I was going to get some money—Crane said he was going to draw some money; he was going to a friend of his, and he would come back again to redeem his loss, for it would not do for him to lose—I said it would not do for me to lose either; I would do anything to get it back again—Crane then left us, and said he would be back in half an hour's time to the Ship Afloat—I then went on to my coal factor's, and drew 20l. in three 5l. notes and five sovereigns—when I came out of the office, I saw Large standing in the gallery—I had told him I was going to draw 20l., and he and I went back to the Ship Afloat—as soon as we got in and sat down the man with the nutshells came in, and sat down by the side of us, and I had no sooner sat down than Crane came in—Large called for two glasses of ale, and we began to play again, and took turn and turn about—I think I betted a 5l. note first, that was to find the pea, and I lost to the man who is not here—I do not know whether the next bet I made was 5l. or 10l., but I went on betting, and lost—I put my hand into my pocket, and found I had only five sovereigns left—I gave Large his 2l., and I betted the other 3l.—I thought I might have a chance of getting something back again—I lost that, and I said, "Now I am a hatter"—I suppose that means a man that has nothing—we then got up to go—the man whom the nutshells belonged to left the house first—the two prisoners and I stood up, and I took the glass of ale that was standing there—I had not touched any of it before—I took it up to drink—I said, "I am dry now," and both the prisoners persuaded me not to drink it—I said, "I must have a drink now, for I have paid dear for it"—I drank about half of it—I did not feel anything particular, but when I drank the half I held it up to the window, and I thought it was very thick, so I put it to my mouth again, and then stood the glass down—I did not drink the remainder—I put it to my mouth to taste if there was anything in it, and I did not taste it—the two prisoners and I came out of the house together—we separated at the top of the same lane—one took one road, and the other the other, and I walked to my ship, which was in Middle Hole—when I got to my vessel I sat down on a chair, and fell asleep for two hours—the mate persuaded me to go to bed, and I went to bed—I dare say it was half-past 4 o'clock when I got on board.
Cross-examined by MR. BALLANTINE. Q. This was not the first time you have done so, was it? A. It was the first time—I had not seen either of the prisoners before—I did not recognize Crane in the cell—I told the Alderman I did not recognize him—I said I could not recollect any one that was there, and Crane was there—I told the Alderman he was the man when I saw him by daylight—I recognized Large at first in the cell, but I did not recognize Crane—no one had been talking to me between the time when I did not recognize him in the cell and when I did recognize him before the Alderman—I did not give either of the prisoners into custody—I suppose there was something in the beer, because I do not find a glass of beer has any effect on my head—I have tried it since and before—I am sure I was affected by the beer—I had never seen thimblerig before—I will not play with these shells any more—I am sure that Crane sat on my right hand—when I was before the Magistrate I said so.
Cross-examined by MR. SLEIGH. Q. Had you ever seen Large before? A. No, never before this took place—it was twenty minutes before 2 o'clock when I first saw him—I got on board my ship about 4 o'clock—I was not with them more than an hour—an hour was the outside—almost the whole
of that hour I was with the men in a room in the public house—I suppose Large was taken into custody on Saturday—I never saw him between the Wednesday and the Saturday—when I saw him, after he was in custody, he was in the yard, walking about—I was brought here for the purpose of seeing if I could recognize the man—the officer who took him did not show him to me; he was not by at the time—Large was not standing by himself; there were eight or nine persons in the yard, and I picked him out, and said that was the man—I did not first say, "I think this man is very like him"—I went and said, "Are you the man that asked me the way to London-bridge?"—I did not say that, because I was not quite certain—I knew it was him when I saw him.
MR. THOMPSON. Q. You saw him come out of the carriage? A. Yes, and I did not see Crane come out of the carriage—I did not see Crane till he was in the cell, and the cell was dark—when he was brought in in the daylight, I recognised him directly I saw him.
COURT. Q. Was Crane taken out of the cell for you to look at, before he was taken before the Magistrate? A. No.
THOMAS HAYTON (City Policeman, 588). I took Large into custody on 23rd Dec.—I found on him this 5l. note, No. 38733, dated 27th April, 1853, a flash 5l. note, three sovereigns, and two shillings in silver—I took him on Tower-hill; he was alone when I first saw him—I was walking with another man in custody—I cannot say that the two prisoners are acquainted together.
Cross-examined by MR. BALLANTINE. Q. And you have made some inquiries amongst others of your body? A. Yes, I have; there are other officers to speak to him—Foulger and Stebbing—Stebbing has left the force, and is receiving a pension—I took the prosecutor to identify Crane, who was then in the cell—there was no light in the cell, no further than the gas—I took him down there, and I said, "That is the man"—I could see him.
COURT. Q. Was there anybody else in the cell? A. No; I said, "That is the man you have got to look at."
MR. BALLANTINE. Q. Was there gas enough for him to see him? A. There was the gas burning in the cell—I did not bring him out of the cell—the other officer did—I could not see him distinctly through the wires—he was brought out by the other officer, and shown to the prosecutor—he said he did not think he was the man then—when he got into the radiance of the Court room, and he was put in the dock, he said he was.
Cross-examined by MR. SLEIGH. Q. You took Large? A. Yes; he ran away—when I took him, I told him it was for defrauding a sailor out of 25s.—he said, "You must be mistaken, it was not me."
MR. THOMPSON. Q. This 25s. had reference to another case? A. Yes—in the passage where the cells are there is no daylight, only gaslight.
THEODORE HALSTEAD FOULGER (City policeman, 568). I took Crane into custody on Wednesday, 28th Dec, about 10 o'clock at night, at the Duke of Wellington public house, in Cannon-street, St. George's in the East—I told him I took him on suspicion of defrauding two seamen out of money, one named Rogers, and the other Hamilton—he said he was entirely innocent, he did not know anything at all about it—I knew the two prisoners before; I have seen them together on three or four occasions in four or five or six months.
Cross-examined by MR. BALLANTINE. Q. You went in the morning, and left word that you wanted to see him? A. Yes; and when I came again, at 10 o'clock at night, he was at home—the name of Ana Tunket is over the
door, and the license is in her name—I found Crane serving behind the bar—I took him on suspicion of being concerned in a robbery of two sailors—Captain Hamilton, when he saw him in the cell, could not identify him—when I took him it was for stealing a cash box, and he was discharged—the prosecutor could not identify him in the cell because the cell is so thickly studded with wires—I am not certain whether he was taken out of the cell—I think he was—I should be sorry to say whether he was or not.
CHARLES STEBBINGS . I am a superannuated policeman. I know the two prisoners; I have seen them in company together on a great number of occasions on Tower-hill, Whitechapel, and other places, till within the last fortnight, or thereabouts—I know the Ship Afloat—I have seen them there within a fortnight—I have had occasion to follow them on different occasions with others not in custody and one who is in custody, and will be brought up.
FREDERICK PENNY . I am clerk to Messrs. Hill and Co., coal factors. On 21st Dec. I paid the prosecutor 20l.—there were three 5l. notes—I remember the numbers; they were No. 38732 and two following numbers—I should say this is one of them (looking at it)—there is no mark of my own on the note.
Cross-examined by MR. SLEIGH. Q. Did you enter the numbers of the notes in a book? A. Yes—that book is not here—I was desired to speak to the numbers of these notes from memory rather than bring the book—I do not mean to say that, independent of the book, I should have been able to say that this is one of the notes I paid—when the officer called on me, I made a point of looking at the book—I have not got the book here.
MR. THOMSON. Q. Do you see an endorsement of "M. G." on this note? A. Yes—I know nothing of that.
MR. BALLANTINE called
ANN CLARK . I shall be twenty-two years old next June—I am servant to Mr. Crane—I have been in his employ from a fortnight before Christmas—I remember 21st Dec. remarkably well, it being the shortest day—I made a remark to Mr. Crane; and besides I made a mistake in the cooking—I was at home the whole of that day—Mr. Crane's dinner hour is 1 o'clock—he dined at home that day—he did not leave the house all that day, because I was in myself all that day—he is a publican—he was engaged in his trade all that day, serving in the bar—he is married.
COURT. Q. Are you servant of all work? A. Yes—there is no other servant but me there—I cook—the kitchen is a different room from the bar—it is down stairs, on the same floor as the bar, behind it—I washed up the plates after dinner, in the place where I cook—Mr. Crane, Mrs. Crane, and myself, dined there that day—we were all at the table at one time, at 1 o'clock, in the bar parlour—after dinner I went into the kitchen between half-past 1 and 2 o'clock—I cannot see into the bar from the kitchen—the tea time that day was between 5 and 6 o'clock—I had frequently been in the bar between dinner and tea time—I was coming in and out—I am more in the bar parlour than anywhere else—I have to serve.
Q. How soon after you had done dinner can you undertake to say that you went back into the parlour? A. Before the clock struck 2—I remained there about nine minutes, or ten at the outside—I did not go back into the kitchen, I went up stairs into one of the bedrooms—I remained there about five minutes—I afterwards came down, and was remaining in the bar parlour, and between that and the public parlour all the whole evening.
Q. Do you remember word being left at your master's house that the policeman wanted him? A. Not that day—the policeman said, "We want a tall, thin young man that has been seen coming in the evening before"—I saw the two policemen come in the evening, and say they wanted him—I know what my master was taken for—I heard he was charged with this on the 21st—I did not go to the Police office—I spoke to my mistress—she never asked me to go and speak about it—I believe it was last Friday when I was asked to come, and give this evidence—I knew he was taken before the examination at the Mansion-house—I first knew that he was charged with cheating Captain Hamilton on last Saturday—I heard before that he was charged with something concerning a watch, and he got discharged—I did not know till Saturday that he was charged with this offence.
Q. How came your mistress to speak to you about it on Friday? A. Because he was kept in prison—it was not on this charge that she spoke to me—I was to say that he was at home all day on the 21st—his wife went once to see him when he was in custody—I think it was on Monday morning last; not before then—she never went to inquire what he was in custody for, nor me either.
Q. How did you know it was anything about the 21st? A. Because I saw it in the paper on Saturday morning—my mistress spoke to me on Friday about the 21st, because she understood, and so did I, that both transactions were on the 21st—I saw Mr. Beard on Friday night—he came and took Mrs. Crane in the parlour, and spoke to her privately.
Q. You say you remember this was on the 21st, but were you not in and out of the bar every day? A. Yes; I remember that day particularly, because I made a remark to Mr. Crane about its being the shortest day—he was there every day, but I remarked that day, because I was longing for it to come that the days might be longer—I made a mistake in the cooking—Mr. Crane does not like to eat pork chops, and I left them for the old woman to eat.
Q. Was Mr. Crane at home, and in the bar all the 22nd? A. No; I think he was out on the Thursday—he was out on the 20th.
THOMAS BEARD . I am clerk to the prisoner's attorney, Mr. Buchanan. I have been managing this case—I first heard the prisoner was in custody on Thursday last, on a charge of stealing a cash box—that was the only charge at that time—there was some talk of another case, but no evidence was called; not this case—he was remanded till Friday on the other charge, and on Friday e was again placed in the dock—he was discharged on that case and left the Court, and got as far as the exterior of the Mansion House, when two or three officers ran after him, and said he was wanted on another case—I went back with him, and heard Mr. Hamilton give his evidence—Mr. Crane said he knew nothing of it, and he asked me to get a remand to prove an alibi.
COURT. Q. Was not this charge mentioned on Friday? A. Yes; but not till he got out of the Mansion House—this was not the first charge made against him—the first was by a person of the name of Rogers.
CRANE— GUILTY . Aged 38.— Confined Eighteen Months.
LARGE— GUILTY .
ROLFE PLEADED GUILTY . Aged 25.
LARGE PLEADED GUILTY . Aged 23.
Confined Eighteen Months.
THIRD COURT.—Wednesday, January 4th, 1854.
PRESENT—Mr. Ald. WILSON; Mr. Ald. MOON; Mr. Ald. CUBITT; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Sixth Jury.
PLEADED GUILTY . Aged 21.— Confined Six Months.
PLEADED GUILTY . Aged 47.— Confined Six Months.
MR. ELLIS conducted the Prosecution.
SOPHIA COLLIS . I am the sister of James Collis, who keeps a public house in little Coram-street, Bloomsbury. On 8th Dec., about 5 o'clock in the afternoon, the prisoner came there and asked for a pint of beer, which came to 2d.; he offered me a shilling, I gave him the change and he left—I put the shilling in a tea caddy directly, and locked the caddy up in a cup-board; it had not been out of my sight; in the evening I took it out and showed it to my brother—a week afterwards about 5 o'clock in the afternoon, the prisoner came again and asked for a pint of beer; he offered me a shilling—I took it into the parlour to my sister-in-law, Mrs. Collis; I gave the prisoner the change, and he went away—on 17th Dec I went upstairs, took one shilling out of the pocket of my sister in law's dress, and gave it to her in the bar—it was loose in her pocket—there was no other shilling there—it was then past 11 o'clock at night, and after the prisoner had been there.
Prisoner. Q. When I gave you the first shilling you put it in the till? A. I did not—I put it by itself, because I thought it was bad—I did not tell you the shilling which you brought on the 17th was good; I told you it was bad, and you said you had no more money—I gave you the change, because we were not certain it was bad till my brother came home.
MR. ELLIS. Q. On the second occasion your brother was out? A. Yes, and there was no one in the house to protect us.
MARY ANN COLLIS . I am the wife of Benjamin Collis, who is the brother of the last witness. On Thursday, 15th Dec, I saw the prisoner in the bar, and the last witness brought me a shilling; I thought it was bad, and told the prisoner so, and asked him if he had any more money; he said he had not, and I put the shilling in the pocket of the dress I had on—there was no other shilling there—on Saturday night, the 17th, between 11 and 12 o'clock, the prisoner came again, and I served him; he gave me a bad shilling, I kept it in my hand, went up stairs to my husband with it, and gave it to him—I sent the last witness up stairs to my pocket, and she brought me down the shilling—I gave it to my husband.
Prisoner. Q. Had not you put any other money into that pocket? A. No.
JAMES COLLIS . On 17th Dec, I was called down by my wife, and found the prisoner in the bar; my wife told me in his presence that he was the man that gave the bad shilling on the Thursday; he at first said he was not—I sent for a constable and gave him in charge, with the two shillings, one of which my wife had in her hand, and the other she sent up stairs for out
of her dress pocket—there was also another shilling in the tea caddy which I gave to the officer on Monday morning—there was no other money there, I saw my sister take it out.
Prisoner's Defence. I was not aware that they were bad.
GUILTY . Aged 24.— Confined Twelve Months.
MR. BODKIN conducted the Prosecution.
CAROLINE DUGWELL . I am the wife of Robert Dugwell, a tobacconist, of New-road, Whitechapel. On 30th Nov. the prisoner came there, and asked for two cigars and a quarter of an ounce of tobacco; they came to 4d.—he gave me a half crown; I did not believe it to be good, and called my husband, and gave it to him.
ROBERT DUGWELL . On 30th Nov. my wife called me, and gave me half a crown; the prisoner was in the shop, and she said in his presence that she had taken it of him—I cut a piece out of it and told him it was bad—he admitted that it was—some one else came in and inquired of him why he stopped; he said, "I have got a bad half crown here"—he paid me with coppers for one cigar, and then pulled out a good shilling—I said, "Why did not you give me that shilling?" he said, "It is not my own"—I followed him out, and gave him into custody, with the half crown—he wished me to give it him back, but I would not.
JAMES HATT . I am assistant to Mr. Airey, a butcher, of Whitechapel-road. On 13th Dec. the prisoner came for a half pound of steak, which came to 3d.; he gave me a half crown, and I gave him 2s. 3d. change, and put it in the till, where there was no other half crown—I afterwards saw my master go to the till, nobody had been to it before that; he showed me the half crown, and said it was bad—there was no other half crown in the till then—next morning the prisoner came again for a pound of pieces, which came to 6d.—I weighed them, and then recognizing the prisoner, called my master in, and the prisoner threw a half crown on the board towards him—I said, "Mr. Airey, this is the young man that brought me one last night, and you had better see whether this is a good one"—he looked at it, and it turned out to be bed—a constable was sent for, and he was given in charge.
Prisoner. Q. Did you call Mr. Airey out to tell him that it was bad, or did you go to another man? A. There was another person in the shop, and I should have had to call him, but you being in the shop, it answered for both purposes—I know the half crown by its old appearance—I tried it by rubbing it, and pressing it—I did not rub it till Mr. Airey gave it to me—you came in the dusk, and before I had time to light the gas; there was another person in the shop at the time, and I was taken off my guard, and did not think it was bad—I can say that it is the same.
HENRY WILLIAM AIRLEY . I am a butcher. On 13th Dec. I found a bad half crown in my till; there was no other half crown there—I showed it to Hatt immediately—I kept it by itself, and gave it to the officer—on the
next afternoon I was called into the shop to give change to another party—the prisoner was there, buying some pieces—he threw down a half crown, and previous to my taking it up, Hatt said, "This is the young man who gave me one yesterday"—I tested it, found it was bad, and gave it to the officer with the other and the prisoner.
Prisoner. Q. Did not you say if I gave you another you would let me go? A. Yes, for the one you had given the day before; not to screen you, but because I did not wish to waste my time here—you said you had not got another—you were searched, and 2 1/2 d. found on you.
Prisoner's Defence. The first one I took in change at a public house in Lambeth; a policeman was sent there by the Magistrate, and he brought back a satisfactory answer; the second one I know nothing at all about.
GUILTY . Aged 18.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ELLEN WILSON . My mother keeps a shop, and I attend there. On 15th Dec. the prisoner came for a halfpennyworth of tobacco; he gave me sixpence—I gave him the change, and he went away—a boy came in for half an ounce of tobacco, and I gave him the sixpence; he said it was bad—I gave it to my mother, who threw it behind the fire, and it melted directly—I looked at it, and saw that it was bad, before it was put into the fire—on the 17th, about 5 o'clock in the evening, the prisoner came for half an ounce of tobacco, which came to three halfpence; he offered me a shilling—I gave him change, and put the shilling in a drawer where there was no other shilling—the prisoner left the shop—my mother afterwards saw the shilling in the drawer, and it was bad—that was the same shilling; I had been in the shop all the while—my mother took it out, and put it into a purse—on Sunday morning, the 18th, the prisoner came again for half an ounce of tobacco, and gave me a shilling—I looked at it; it was bad, and I told him so, and said he had given me one the night before, and one on Thursday—I gave the shilling to my mother, who came in, and she sent for a constable and gave the prisoner in charge with the shillings—I saw her take the other shilling from the purse.
THERESA WILSON . I am the mother of the last witness. On 14th Dec. she gave me sixpence; it was bad; I threw it into the fire, and it melted immediately—on Saturday, the 17th, I took a shilling out of the drawer where the tobacco money is kept—there were no other shillings there—it was bad, and I put a mark on it—this is it (produced)—I put it into a leather purse by itself—about ten minutes afterwards I went to my other shop, where I sell gutta percha—the prisoner came in, and bought a pair of gutta percha soles, which came to 11 1/2 d.; he offered me a bad half crown, and I bent it—next day (Sunday) I received from my daughter this shilling (produced)—I gave it to the officer with the one I took out of the purse; I had not mixed it with any other money—I sent for an officer, and gave the prisoner in charge.
MR. WEBSTER. These shillings are both bad.
Prisoner's Defence. I did not pass the bad sixpence nor the half crown.
GUILTY . Aged 22.— Confined Twelve Months.
MR. BODKIN conducted the Prosecution.
MARY ANN LEWIS . I am the wife of Henry John Lewis, who is in Australia. I keep a general shop, in Gun-street, Spitalfields. On 10th Dec., about a quarter past 1 o'clock in the day, the prisoner came, and asked the price of bread—I told him 9d.—he asked for a half quartern loaf—I gave it to him—it came to 4 1/2 d.—he gave me a shilling—I gave him the change, and put the shilling in the till, where there was only a sixpence, which I gave him—I afterwards went to the till, and found that the shilling was bad—this is it—(produced)—the date is 1820—I bit it, and there is the mark of my teeth on it—I put it on a shelf on the window, apart from other money—about half-past 2 o'clock the prisoner came again, and asked for some butter, tea, and sugar—I recognised him—he put down a shilling; I looked at it—it was bad—I called my brother, and told him to shut the door, which he did—I then took the other shilling from the shelf, and having got both shillings in my hand, I spoke to the prisoner about it—he said he had not been in the shop before—I am certain he is the same person—he said if they were bad, his master gave them to him for his work—a policeman was sent for, and he was given in charge, with the shillings.
JOHN HUDSON (policeman, A 445). I took the prisoner—I produce two shillings, which I received from the last witness—the prisoner said they were given to him by a gentleman at the Eastern Counties Railway, for taking some parcels.
Prisoner. I throw myself on the mercy of the Court; I am a poor lad, and a cripple.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
SARAH WARD . I am the wife of William Ward, a baker, of Vauxhall-road On 15th Dec., about 11 or 12 o'clock in the day, a little girl, eleven or twelve years old, came to our house—I did not know that she was the prisoner's daughter—she asked for a half quartern loaf, and gave me one shilling—I gave her the change, and she turned to a basket of biscuits, and said, "These are two for a halfpenny?"—while she was looking at them, I said the shilling was bad—she said she had taken it at a tea shop in Warwick-street—she wanted me to give it back to her, but I told her to send the parties who gave it to her—I received a communication, marked the shilling, and gave it to a policeman—this (produced) is it.
MARY WORKMAN . I am servant to Mrs. Price, of No. 11, Douglas-street, Westminster. On 15th Dec, between 12 and 1 o'clock in the day, a little girl, twelve or thirteen years old, came to the shop for some potatoes—we had none, and she asked for a halfpenny worth of sweetstuff—I served her—she offered me a shilling, which I took to my mistress for change—she had none, and I took it to the Crown and Sceptre, and gave it to the barmaid, who gave it to the landlord, and he gave it to a policeman—I did not lose sight of it—I marked it—this is it (produced).
Cross-examined by MR. SLEIGH. Q. Did you see anything of the prisoner during the whole transaction? A. No.
JAMES FELLS (policeman, A 279). I know the prisoner—she lives at No. 10, Douglas-street, Vauxhall Bridge-road, and has a daughter about eleven years old—for reasons I had, I watched the house with another constable on 15th Dec.—we were in plain clothes—I saw the prisoner's
daughter come out, and go to the baker's shop, Mrs. Ward's, near there—I heard her ask for a half quartern loaf—she offered a bad shilling, which Mr. Ward kept, and the girl came out of the shop, and went home, which does not exceed fifty yards from Mr. Ward's—I kept her in sight till she got home, and saw the prisoner with the window thrown up, looking out—the girl went into the house, and I went and spoke to Mrs. Ward, and got this shilling (produced)—I then placed myself near the Crown and Sceptre, which is fifteen or twenty yards off—that gave me a view of No. 10; and I saw the girl come out again about five minutes afterwards, and go to No. 11, next door—just then Mary Workman came to the Crown and Sceptre for change for the shilling—the landlord examined it, and found it was bad—I took possession of it—this is it (produced)—I went with Mary Workman to No. 11, Douglas-street, and saw the girl there—I saw the prisoner at the next house, and asked her if the child was her daughter—she said, "Yes"—I told her I took her into custody for passing bad coin, and that I should also take her for encouraging her—the prisoner said she had sent her for the things, and gave her the money, but did not know it was bad—she had the child in her arms which she has now—I observed her fumbling about, and took hold of one of her hands, which was under the child's clothes—it contained these two bad shillings wrapped up in tissue paper (produced)—the girl, in the mother's presence, said that she had sent her for the goods, and the prisoner said, "If you are officers, do your duty; but do not take me to the Court;" and went down on her knees—I took her into custody—the Magistrate discharged the child, and committed the prisoner.
HENRY SMITH . I am a greengrocer, of Upper Chapter-street, Vauxhall-bridge-road. On 15th Dec., between 12 o'clock and half past, the prisoner came to my shop for half an ounce of tea, some butter, and sugar—they came to 4d.—I served her with the tea and sugar on one side, and said I would take for them and serve her with the butter on the other side—she gave me a sixpence—I told her it was bad, and she went away, came back, and paid with halfpence, and I gave her the sixpence back.
Cross-examined. Q. How far does she live from you? A. I do not know; I never saw her before—I heard her say at the police court that what I stated was false—I have no doubt about her being the person.
(The prisoner's statement before the Magistrate was here read, as follows:—"What the last witness has stated is false; I was never out of my house on Thursday till I was brought to the Court; with regard to the bad money, I found it wrapped in a bit of paper, between 6 and 7 o'clock, in Regent street, and believing them to be good I gave them to my child to go for a loaf; all the other statement is correct.")
JURY to JAMES FELLS. Q. Is that the same piece of paper that the money was wrapped in when she found it? A. I do not know; it is the piece I found on her—it was clean then, but I have had it in my pocket ever since—I had never seen her before.
M. BODKIN. Q. You had received information before you watched? A. Yes.
NOT GUILTY .
MESSRS. ELLIS and BODKIN conducted the Prosecution.
Thames-bank. On 12th Dec., about 10 o'clock at night, the prisoner and another man came to my house—they had a pint of half-and-half—I received a bad florin from one of them, I cannot tell which—they drank together and left together—I put the florin into the till where there was no other florin, only smaller coin—after they had gone, I took out the till to see what we had done in the course of the evening, and found that the florin was bad—I followed them, and saw them in the next street; they separated, then joined again, and I watched them down Lucas-street, and missed one of them—I looked into a public house, but could not see him—I went further on, and saw the taller man leaning against the wall of Messrs. Cubitt's works—he crossed the road, and I informed the police—I gave the florin to the policeman; this is it (produced).
JOSEPH MANGER . I am assistant to William Watson, who keeps the White Horse, at Pimlico. On Monday evening, 12th Dec., shortly before 11 o'clock, the prisoner came and called for a glass of stout; it came to 1 1/2 d.—he offered a florin—I kept my eye on it—my brother took it up, and said, "This is a bad one; give me my glasses to look at it"—the prisoner said he did not know it was bad, he took it in change of a 5s. piece last night—he said he had got no more money, and my brother gave it back to him.
MARY LEE . My husband keeps the Rochester Arms, Rochester-row, Pimlico. The prisoner came there, on 12th Dec., at night, and asked for a glass of stout—he gave me a 2s. piece—I said it was bad; he said, "Oh, no"—I said, "You will not have it again;" he said, "Yes, I want it, because I took it in Oxford-street"—I called my husband, and gave it to him—he kept it, and gave the prisoner in charge.
THOMAS LEE . I am the husband of the last witness. She called me down on 12th Dec., and I saw the prisoner—I told him it was a bad 2s. piece, and he should not have it again—I told him three times to go about his business—he hesitated, and, then I told him he should not go at all—as I ran out at one door he ran out at the other—a policeman was opposite, and I gave him in charge with the florin.
GUILTY . Aged 20.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JOHN LANGRIDGE . My father is a tobacconist and sweet-shop keeper. I am fourteen years old next month, and help in the shop—on 20th Dec. the little girl, the prisoner, came and purchased two tarts, which came to 1d.—she gave me 1s.; I gave her 6d., a 4d.-piece, and 1d. in change, and she went away—I put the shilling in the till, where there was only 6d.—in five or six minutes the prisoner came back, and bought 2d.-worth of cocoa paste and 1d.-worth of mixed lozenges—she gave me another shilling, which I put in the till, and gave her change—there were only those two shillings then in the till—after she was gone I went in and said something to my mother, then came back, took the 2s. out of the till, and my father took them out of my hand—I ran out, and found the prisoner in about a minute, in company of another girl, a little bigger—my father came up add took the prisoner.
received two bad shillings from my husband, and put them on the mantel-shelf, where there were no other shillings—the prisoner owned to passing the money, but said she did not know it was bad.
JOHN LANGRIDGE . I am the husband of the last witness. My son brought me 2s. on 20th Dec.—I examined them with my teeth, and found they were bad—I gave them to my wife, who put them on the chimney piece—I sent my son after the prisoner, and I went out and found her and another girl about 150 yards from the shop—I brought her back, asked my wife for the shillings, and gave them to Dredge.
THOMAS DREDGE (policeman, D 31). I was called, and took the prisoner—I received these two shillings (produced) from the last witness—the prisoner said she passed them, but she was not aware that they were bad.
GUILTY. Aged 13.—Recommended to mercy by the Jury on account of her youth. — Confined Four Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
EDWAD AUSTIN . I keep a coffee shop in Poppin's-court, Fleet-street. On 28th Dec., about half past 6 o'clock, the prisoner came for two cups of coffee and a slice of bread and butter—they came to 3 1/2 d.—he tendered a half crown to the waitress, who brought it to me immediately, and I found that it was bad, sent for an officer, and gave it to him—this is it (produced)—the prisoner had come the day before, had some coffee, and paid with a half crown, which I gave him change for, believing it to be good—I received that from the waitress also, and gave it to the policeman.
MART ANN NEWHNHAM . I am waitress to Mr. Austin. On Tuesday, 27th Dec, the prisoner came and called for a cup of coffee—it came to 1d.—he gave me half a crown, and went away—I took the half crown to Mr. Sidney's to get some tea and coffee, and one of the young men there said it was bad—I brought it back, and gave it to my mistress—next evening the prisoner came again, with a woman—they had two cups of coffee—he offered me a half crown—I took it to my master, and a policeman was sent for—I kept the first half crown in my pocket till I gave it to my master—I had no other half crown there—it is the same—I had not marked it, but my mistress had no other half crown—she is not here—I got it back from her before I went to Mr. Sidney's.
Prisoner's Defence. I did not know they were bad; I took them for my day's work.
GUILTY of uttering the last half crown. — Confined Six Months.
MR. PLATT conducted the Prosecution.
SAMUEL SEARLE (policeman, A 284). On 26th Dec., about 1 o'clock in the morning the prosecutrix called at the police station, and in consequence of what she said I went with her to No. 5, King-street, Clifford's-row—the prisoner's son opened the door, and I found the prisoner there in bed—it was
then a quarter or twenty minutes past 1 o'clock—I told him he was charged with cutting a woman named Mary Egan, and took him into custody—on the way to the station he said he was eating his supper and had a knife in his hand, and if she had not come there it would not have happened, and that he had threatened her—she charged him.
MARY ANN EGAN . I live at No. 2, Wykeham-place, Chelsea Common. On Christmas night I was going along Grosvenor-row, Pimlico, and met the prisoner's son very tipsy—I and another woman helped him to the prisoner's door, he was rather troublesome—we persuaded him to go in, on which the prisoner came down in his shirt with a knife in his hand; he rushed towards me with it—I cannot tell you what he said because it was Irish, but I understood it to be abusive language—he made an aim at my throat with the knife, I put my hand up with my shawl to save my throat, and he drew it across my fingers—he had not the knife at first—he went away for it, but he was not gone half a minute—it only grazed my neck, but my fingers were cut right across and bled dreadfully, the wounds are not well yet, but they are much better—it was a dinner knife, I saw his wife take it out of his hand and hide it.
Prisoner. Q. Did not you break my windows a week ago? A. I am speaking about this charge; I have not broken several of your windows.
COURT. Q. He came down to you in his shirt? A. Yes; he had no knife then, he went back and got one—I had known him by sight some years—I had had no dispute with him that I am aware of—he did not ask me to go away—he was pressing his son to go in, and he would not, and I suppose he hurt me instead of his son—he did not make the cut at his son, but at me.
MARY HALLIFAX . I am the wife of Edward Hallifax, of Turk's Headalley. I assisted the prosecutrix with the prisoner's son to his father's door, when he got inside he called to his father and mother—he was standing talking to Mary Egan at his door, when his father come out in nothing but his shirt—I saw him catch Mrs. Egan by the throat—I did not see that he had got a knife, but I saw blood coming very fast from her hands, which were to her throat.
COURT. Q. What sort of a night was it? A. It was a very fine evening; it was about a quarter past 12 o'clock at night, I think—it might have been half past 1 o'clock, before we went to the station house and back again—I was not in the house, only at the door.
GEORGE WORMALD . I am assistant to Mr. Pearce, a surgeon, of Regent-street. I examined Mary Egan's hand, there were two incised wounds in the middle of the hand across the fingers—she said nothing about her throat at that time, but a few days afterwards, before the Magistrate, I examined her throat, and saw that a small wound had been inflicted—it was only a slight scratch.
Prisoner's Defence. This woman has been three or four years coming backwards and forwards, and breaking several squares of glass; on the Sunday before Christmas day she put her hand right through the window, though she knew the way to come in at the back door; nobody will take her in charge, though they know her so well; I have been eighteen months in three different hospitals; I have only been six weeks out of Brighton Hospital.
The prisoner called
COURT. Q. But your father wants you to speak for him? A. Yes, I want to speak how it happened—I went to Mrs. Egan's house, on Chelsea-common, on Christmas morning, and we had a bottle of gin together—we had our dinner together, and separated at 5 o'clock—I met her again about 11 o'clock, and we went home singing together to my father's house—my father opened the door, and we went in—there are two doors—Mrs. Egan went in at one door, and hallooed out to my father to bring down some supper—I was singing "Free and Easy," and she began singing "Drunk and Lazy"—my father said if she did not get out he would satisfy her—he had a knife in his hand, and I went between them—she cut her hand with the knife my father had cutting the meat—a policeman came to the door, and she went out, but he would not take her into custody—we all went to bed, and she went to the station, brought a policeman, and took my father out of bed.
---- ----. I am a master baker, and have known the prisoner twenty years, as a respectable man. The woman his son cohabits with is in the habit of coming at very unreasonable hours of the night, and breaking the peace of the whole neighbourhood—when she cannot get her ends she breaks the windows, and irritates the man—he is a feeling, kind-hearted man, and is too ill to do harm to any person, but the police will only drag this woman out at one end of the street, and she comes in at the other; there is no getting id of her pest at all.
NOT GUILTY .
MESSRS. BODKIN and CLERK conducted the Prosecution.
OBERT BURNETT (police sergeant, C 20). On the night of 2nd May, I was on duty at the Vine-street police station—I recollect a person named Booker, and Eliza, his wife, being brought there at a little after 9 o'clock by the prisoner, who was in plain clothes, and another constable—the prisoner made a charge against Booker and his wife—I entered it on the charge sheet, and it was signed by the prisoner—this is the entry: "Indecently exposing themselves in Hyde-park"—the prisoner was at that time a sergeant of the A division—Mr. Booker fainted away almost immediately he heard the charge made—Mrs. Booker produced her marriage certificate from her bosom—a relation of theirs came to the station, and I told him to get some responsible person to be bail for them—he did so at my suggestion, in consequence of the ill health of Mrs. Booker—the defendant appeared perfectly sober, and when Mr. Booker fainted away he took him in his arms and carried him outside into the yard, took his neck handkerchief off, waited on him, and showed no signs of having taken any liquor at all—Booker and his wife were bailed, and went away—on the following morning they appeared before the Magistrate, the charge sheet was produced, and the case was adjourned, by order of the Magistrate, for a week, for inquiries to be made into the character of the Bookers—I was at the police court on the 10th; the Bookers were there, but the defendant did not appear; he had absconded from the force.
WILLIAM BISHOP . I am one of the clerks at Marylebone-street police office. On the morning of the 3rd May this charge sheet was laid before Mr. Hardwick, the police Magistrate, who heard the charge—Mr. and Mrs. Booker attended, and the defendant was sworn as a witness, on a charge against them of indecently exposing themselves—I took down his evidence—(reads:—"Henry Amor, police sergeant, A 21, says: 'Last night, about a quarter past 9 o'clock, in Hyde-park, I saw the prisoners on the footpath.
I saw the female with her back against the rails, and the male prisoner in front of her. They were in the act of being in connection together. I took them in custody, and saw the male prisoner's trowsers were down. On the way to the police station he said they were man and wife. I was in plain clothes. They were halfway between the wicket gate and Albert-gate. I told the prisoner I should take him into custody, and he sung out for the police.'")—the marriage certificate was produced before the Magistrate, and he discharged them, but directed inquiry to be made into their characters—on the following Monday they attended at the police court, and were discharged—it was not necessary for them to come on that day, but they did come—the defendant was expected, but I cannot say that I was in Court.
JOHN LOVEGROVE BOOKE . I am a china mender, at No. 1, Parkside, Knightsbridge, the first shop from Hyde-park-corner. I have had that shop getting on for four years—it is only a shop—I live at No. 30, opposite—I have been married ten months—this is the certificate (produced)—my wife's maiden name was Eliza Westbrook—she is the daughter of a shoemaker—we were married at St. Peter's, Pimlico—she was living in the neighbourhood with my aunt—my sister, Charlotte Booker, has continued to live with us since our marriage—on 3rd May I had been out on business all day—my sister was taking in some work of my cousin in the evening, and the shop not being very large, I said to my wife, "Let us go down the park"—we went out together, and came to the wicket gate—my wife went through first, and I noticed the prisoner speak to her—I said, "What is he talking about?"—she said, "Never mind, he is drunk"—I turned round, called him a vagabond, and asked him why he was insulting my wife—he only said, "I know you, go on"—I had never seen him before, and did not know he was an officer—we pursued our walk about, fifty yards, when my wife turned round and said, "This drunken fellow is following us"—I saw a policeman coming in the opposite direction, and just as he passed by I called out, "Police! police!—the defendant then ran up, and said, "Hold hard!"—I gave him in charge, and the policeman was going to take him when he turned round and said, "I am your superior," and told him to take me and my wife in charge, which he did—I asked what we were charged with—the defendant said, "Never mind, you take them"—I asked two or three times, but was not told what I was charged with till I got to the station—I said I lived only just in front of the railings, and asked him if he would not come and see where I lived—he said he could not go without an order from his sergeant, and the sergeant said I should not go—I told him that the woman was my wife—I ran to my own house, stopped at the gate, and then said, "Here is where I live, now I will go with you"—they took me into the park again, where the defendant had got my wife with a few people round her—we came out at the Apsley-house gate, and I said, "I had better have a cab, I do not wish to be exposed "—the defendant said, "You are not going in that; hold him b——y tight!"—I and my wife were taken down Piccadilly to Vine-street station, without any charge being made against us—I found Mr. Burnett at the station, who asked the officer what the charge was—he whispered, and the sergeant then said we were charged with indecency—I cannot say that I heard the defendant make the charge, for I became insensible, not being in good health at the time—my cousin, who had brought the work to the shop, came to the station with our marriage certificate, and on its being shown at the station we were allowed to go home—it was then very nearly 11 o'clock—we went to the Marylebone street police office next morning, before Mr. Hardwick—the defendant
was sworn, and he swore to us having connection in the park—there was not the least truth in that—it is not true that I undid my dress, or that we did anything of the sort—the defendant attacked my wife three or four minutes after we got into the park—I have never been living away from my wife, but have been sleeping with her every night—Mr. Hardwick discharged us, and adjourned the inquiry to that day week, on which day we attended, but the defendant did not come—I heard nothing of him till he was taken into custody in the country, two or three weeks ago.
Prisoner. Q. Was not your wife's back against the railings? A. No—I had on the coat I have on now—my dress was not undone.
Prisoner. I further add that I distinctly saw your person.
MR. CLERK. Q. Could he see any portion of your person? A. No; my coat was buttoned up.
Prisoner. Your wife was standing with her back against the rails, and before I got within a yard of her, I saw her dress fall, and put my hand on your shoulder and asked what you meant, and you called out "Police!" and I said, "Gadcombe, take this man in custody." Witness. There is not a word of truth in it—I asked what the charge was two or three times—we could not go arm-in-arm through the gate; there was only room for one to pass.
ELIZA BOOKE . I am the wife of the last witness; we have been married nearly eleven months, and have lived and slept together ever since, to this time—I remember our going out together on the night in question—when we got to the wicket gate I went in first; two cannot go in at one time—when I got through the gate the prisoner touched me on the shoulder, and said, "Come here"—I was then not above a yard from the gate—my husband asked me what that vagabond said—I said, "Come along, take no notice of him;" and we walked round toward Albert-gate—when we had got some distance I looked round, and he was still following us—I said to my husband, "That drunken fellow is following as still;" and my husband turned round and called "Police!"—a policeman, who had passed us a very few minutes before, stopped, and came back to us, and my husband gave the defendant in charge; but he told the policeman to take us—I did not understand that he was an officer; I did not know him before—the policeman took hold of my husband, and the defendant took hold of me; my husband asked him what it was for, but he made him no answer—my husband asked him to go round to the shop; he said he would not—my husband asked for a cab, but he would not let him have one; but said to the constable, "Hold him b——tight"—we were taken to the station—I sent my cousin, who had come to the station, in consequence of my husband running to the shop, home, for our marriage certificate—my husband was taken ill at the station; he was not in bad health, but his nerves are very bad, and he became insensible—my husband and I were not connected with each other in the Park, nor were we about to do anything of the sort—he did not undo his clothes; it is a falsehood—I was not against the rails, nothing of the sort—I should think we had not been four minutes in the park before we were taken into custody.
Prisoner. Q. When I took you in custody, were not you standing with your back against the railings? A. No—I had not my dress up when you were within two or three yards of me.
CHARLOTTE BOOKE . I am the prosecutor's sister, and was present at their marriage eleven months ago, at Pimlico Church. I have lived with them ever since, and they have lived together down to the time of this transaction.
JOSIAS GADCOMBE (policeman, A 551). On 3rd May, about a quarter to 9 o'clock in the evening, I was on duty in Hyde-park, near the wicket gate, when Booker called me, and said, "Take that drunken man in custody for insulting my wife," pointing to sergeant Amor, who was in plain clothes—he said he was a sergeant of the A division, and told me to take the two Bookers—he said, "Take this man, and I will take the woman, and I will bear all the consequences"—he did not tell me what it was for, though Booker asked two or three times—he said, "This is very hard, policeman, for me to be taken in this sort of way; I do not know what I am charged with; I am a respectable tradesman, in Knightsbridge; I will bring you to understand that I am, if you will go with me"—the defendant heard that—when Booker came opposite the gate, he ran to his house, and said, "This is where I live"—he then came very quietly with me into the park—on the way to the station he asked for a cab, not liking to be seen; and the defendant said, "Go on; hold him b——tight"—I could see then that the defendant was the worse for liquor—we took them to the station—I had an order from the defendant to go with him to the police court next morning; I went, and heard him give his evidence—Booker's dress was quite in a decent state; I saw no part of it unbuttoned—he and his wife, were standing together on the footpath, and I was about twenty yards from them—I had passed them not a minute before, walking arm-in-arm, and saw the defendant coming fast in pursuit of them, about twenty yards behind—the charge was dismissed, and inquiry was to be made into Booker's character—the defendant absconded on the following Monday, when he was to appear before the Magistrate—he belonged to the same station as me—he was not discharged; but I saw nothing of him till he was taken in custody a short time since.
GEORGE PITCHARD (police-sergeant). I had a warrant on 12th Dec., for the defendant's apprehension, and apprehended him on the 13th, at High-well, in Wiltshire, near Swindon, where he was employed as one of the constabulary officers of that county.
Prisoner's Defence (written). "On Monday, May 2nd, 1853, I saw a man and woman in Hyde Park conducting themselves in an indecent manner; the prosecutor and his wife are the parties. I beg to refer your Lordship to my depositions before Mr. Hardwick, at the Marlborough-street police court, where the parties was dismissed. I however can assure your Lordship, that what I then stated was perfectly true and correct; I felt that when first charged with the crime of perjury, my decamping is calculated to place me in a false position, and it is a circumstance which I have ever deeply deplored; but I trust your Lordship will be inclined to waive it altogether, it arising entirely from drink, and the unbounded influence which at that time a female possessed over me, who induced me to go away with her; I am truly ashamed to confess this to your Lordship, but feel that I have no alternative; I have ever borne a good character. I was four years 126 days a soldier, and was appointed sergeant part of that time, which my discharge from the regiment will show. The good character I had from the regiment procured me a situation as constable in the metropolitan police force, and was appointed sergeant in the A Division, which rank I held when this charge was made against me; I have felt ashamed to apply to my friends for assistance, and being without funds, am consequently undefended. I feel assured that your Lordship will see justice done. (Signed.) HENRY AMOR. Gaol of Newgate, Jan. 2nd, 1854."
GUILTY . Aged 28.— Confined Eighteen Months.
Before Mr. Recorder.
PLEADED GUILTY.** Aged 23.— Confined Six Months.
Before Mr. Common Serjeant.
PLEADED GUILTY . Aged 15.— Confined Eighteen Months.
Before Mr. Common Serjeant.
PLEADED GUILTY . Aged 61.— Confined Twelve Months.
205. CHARLES APPLEBY , stealing 96 gold rings and other articles, value 39l. 13s., and 29l. in money, the property of Joseph Delaney, his master; also, 1 watch, the goods of Robert Phillips: to which he
PLEADED GUILTY . Aged 20.— Confined Twelve Months.
JANE ROSETTA ROSS . I am the wife of Malcolm Ross, and live at Trafalgar-road, Greenwich—he is the master of a vessel, and the prisoner was a sort of ordinary boy on board the ship; he was not an apprentice—he had only been with us three weeks—he was only taken on trial—on 16th Dec., he came to my house to take his meals, the same as the other lads, but he left my house before dinner, between 11 and 12 o'clock; dinner was at 1 o'clock—after he had been gone two or three hours, I missed my husband's watch from the kitchen mantelpiece—I had seen the prisoner standing at the kitchen door, emptying a sack of potatoes—I left the room to wash my hands, and, during my absence, he must have stepped across the kitchen—I took the watch down about 11 o'clock to wind it up, as it had stopped; I twisted the guard round it on the mantelpiece—the prisoner never came back—I gave information to the police, between 4 and 5 o'clock the same evening—this is the watch; there is the knot in the guard which I tied—I know it by the glass, and by the wearing of the plating—my husband has had it eighteen years, and I have always been in the habit of winding it up when it is at home.
RICHARD CLAKE . I am assistant to John Moore, of Church-hill, Woolwich, a pawnbroker. I produce this watch—it was pawned on 16th Dec., 1853, about 2 or 3 o'clock, for 10s., by a man, who gave the name of William Cooper—it was not the prisoner—I asked him if it was his; he said, No; that he pledged it for Thomas West burn, I understood.
about it—I searched him at the station, found nothing on him, and next day conveyed him to Woolwich—I said nothing to him to induce him to make a statement, nor did I hold out any promise that he should be forgiven, or that it would be for his good—he asked me whether he should see me again at Woolwich; I told him very likely not, that I had nothing to do with him but the mere apprehension—he said he took the watch from the mantelpiece of Mr. Ross, and pledged it at Mr. Moore's, Church-hill, Woolwich, in his own name—I took him to Mr. Moore's, and asked the last witness if the prisoner had pledged a watch on 16th Dec.; he said, No; but that a man had—the watch was produced, and the prisoner identified it—he said he had sold the ticket to a person opposite Whitechapel-church, for eighteen pence, on the day I apprehended him—he said before the Magistrate, that a man unknown to him went into the pawnbroker's with the watch, while he waited outside the door.
GUILTY . Aged 15.— Confined Twelve Months. Recommended to be sent to a reformatory school.
(The policeman, Hickey, stated, that the prisoner had been convicted at Ilford of stealing his father's coat, and also as a rogue and vagabond; that he had no habitation whatever, and generally slept out of doors).
Before Russell Gurney, Esq.
JAMES WOODWARD . I am an inmate of the Queen's-ward, Greenwich Hospital On 22nd Dec., between 7 and 8 o'clock in the evening, I was at the Royal Hospital public house; there were twenty or thirty people there—I was going to pay for a pot of beer, and took out a bag, with a little purse inside it, containing half a crown and two sovereigns—as I had it between my knees some person's hand came over my shoulder, tore it right away, and then threw the little bag to the other side of the room—I did not see who it was, I only saw the hand—I do not know the prisoner—I saw my money safe in the bag at the time.
Prisoner. I never moved off the seat where I was sitting.
JOHN BRUNTON . I am an inmate of Queen's-ward. I was with Wood-ward, and saw him take out a bag, inside which was a little purse—the prisoner snatched it away from him, and hove the little purse to the other side of the room—I had not seen her before—she was taken into custody; she never went out of my sight till a policeman came and took her.
MARY ANN LEACH . I was with Woodward at the public house—he sent me for a pot of beer to the bar—I went and fetched it, and when I came back I saw the prisoner with her arms over his shoulders—she took something, and threw the bag across the room; I cannot say who to, as there were about thirty people present.
Prisoner. That is the person who was with the man, and that is the person who had the money; she never moved off her seat to fetch any beer.
Witness. I went for the beer, and came back with it in my hand—I called Mr. Ast immediately, who has been an officer in the force, and he said nobody should leave the room till an officer was fetched.
GUILTY .* Aged 23.— Confined One Month.
MR. M'NIVEN conducted the Prosecution.
HESTER DAVEY . I am the wife of Robert Davey, of Sheerness. On the night of 10th Dec. I was in Woolwich, and went into a shop to purchase a basket—the prisoner stood by my side, near the window—I put my hand in my pocket, and missed several pence, and my handkerchief which had a half sovereign tied up in the corner of it—they were safe when I was two doors off, a minute before—I told my husband I had lost my handkerchief and money—the prisoner said she had not got it, she had no handkerchief—I told her I did not accuse her of it—my husband paid for the basket—I said, "It is quite plain that somebody has picked my pocket"—the prisoner said "I have not got it," and pulled out her pocket, and showed me several pence only—I left the shop—I saw my handkerchief next morning; this is it (produced)—it has "H. D., 3," on it.
Prisoner. The handkerchief I picked up against the linendraper's shop; there was nothing in it.
WILLIAM GLADWIN (policeman, R 122). On 10th Dec., I saw the prisoner in Power-street, Ayre-street, and watched her—I received her in charge from Newell—on her way to the station, she took this handkerchief out of her pocket—I took it out of her hand, and asked her where she got it; she said she could not give me any account—I took it to the prosecutrix, who identified it by the initials.
NOT GUILTY .
PLEADED GUILTY . Aged 13.
(The officer, Gladwin, stated that the prisoner lived with her father and mother, and was continually picking pockets and stealing articles, and taking them home, and, when detected, offered to be searched, but nothing was ever found on her, as she had a false lining in her petticoat to put things into; that she took out with her a brother still younger than herself to screen her, and had taken as much as 4l. or 5l. worth of property from one person.)
PLEADED GUILTY. Recommended to mercy by the prosecutor, on account of the good character he bore. — Confined Three Months.
MR. PLATT conducted the Prosecution.
CHARLES BELLAMY . I produce a certificate of the conviction of Michael Connor, in June, 1852 (read: Central Criminal Court, 14th June, 1852; Michael Connor, convicted of unlawfully uttering counterfeit coin, and sentenced to six months' imprisonment).
SARAH MARSHALL . I am the wife of William Marshall, who keeps the Victoria beer shop, Trafalgar-road, Greenwich. On Thursday, 22nd Nov., in the evening, the prisoner came, and asked for a pint of porter and half a screw of tobacco—I served him—he put down a florin—I gave him three
sixpences, three penny pieces, and a halfpenny, and put the florin in the till, where there was no silver—in a quarter of an hour I sent my cousin, Mary Southon, to the till for the florin—I had not been to the till in the interval—she brought it, and I found that it was bad—I gave it to my husband, went with him into the taproom where the prisoner was, and told him it was bad—he said he had given me a shilling, and received 10d. change—I sent for a constable, gave him in charge, and gave the florin to my husband.
Prisoner. Q. Was not I very much in liquor? A. Undoubtedly.
Prisoner. Q. What do you know it by? A. By this mark on the side.
WILLIAM MARSHALL . On 22nd Nov. my wife, Sarah Marshall, gave me this florin—I went into the taproom with it, and told the prisoner it was bad—he said it was a shilling that he had given—I gave him in charge, and saw it marked by the policeman—this is it.
THOMAS SAXBY (policeman, R 371). I took the prisoner—Mr. Marshall gave me the florin produced—it was marked, and is the same—the prisoner said it was not a florin he had given, but a shilling—I found on him two sixpences and 11d. in copper, all good—he was taken to the police-court, and discharged.
ELEANOR MOORE . On 30th Nov. the prisoner came into my shop for a penny loaf—he put down a sixpence—I said it was bad, and broke a piece out of it—he wanted to have it back, and asked for a halfpenny loaf, as he had only got a halfpenny—I would not give it to him; and he went away—I broke it in pieces, and put it on a shelf, behind some bread—I afterwards gave it to the policeman.
Prisoner. Q. Did not you say at first you did not think it was me? A. You had got your hat over your eyes to disguise you; directly you pulled it off I knew you, and I recognized your clothes, your face, and your voice—you are the man.
MARY EVANS . I am the wife of Thomas Evans, of Mill-street, Dock-head. On 2nd Dec, about 5 o'clock in the evening, the prisoner came and asked for half an ounce of tobacco—he gave me half a crown—I had no change, and sent, to Mr. Robins, a grocer, for it—Gross, the shopman, said it was bad, and so did Gillies, who went back with me to the shop with it—Gross had given it to Gillies—it was not out of my sight—when we got back, the prisoner was there—a constable was sent for, and he was given in charge—on the way to the station, a person named Reed gave me part of a bad half crown, and I gave it to Iley, the policeman—this is it (produced).
RICHARD GROSS . I am shopman to Mr. Robins, a grocer, of Dock-head. On 2nd Dec. Mrs. Evans came into the shop and gave me half a crown—I weighed it with another of George III., and marked it with a knife—here is the mark on this piece produced—I then put it on the counter—Gillies took it up, and I afterwards left the shop with it and Mrs. Evans.
WILLIAM GILLIES . I was present when Mrs. Evans came on 2nd Dec., and saw her give Mr. Gross the half crown—he marked it, and put it on the counter—I took it up, and went to Mrs. Evans's with her, and accused the prisoner of offering a bad half crown—I put it on the counter—he said he did not know it was bad, took it up, and put it to his mouth—he seemed to be in the act of breaking it, and I believe he broke it—I am sure this is it
—I went to the door, and saw him throwing something away which looked like silver—it went in the direction of Mr. Reed's premises—I accused him of throwing it away—he said, "I know I did, it was of no use to me; you cannot touch me now, I have not got it about me"—he was given into custody.
Prisoner. Q. Will you swear I broke the half crown? A. Yes; I saw it between your teeth.
THOMAS EVANS . I am the husband of Mary Evans. I was present, and saw the prisoner put his hand up to his mouth, and cast something away towards Mr. Reed's, who I saw pick something up, and he shortly afterwards gave me this part of a half crown (produced)—I gave it to Mr. Reed's son.
THOMAS REED . I am a wharfinger. In consequence of something Mr. Evans said, I went into the yard in front of my house and picked up part of a half crown, which I gave to him immediately—this is it, to the best of my belief.
ALFRED ILEY (policeman). I received the prisoner in charge from Mrs. Evans, with this part of a half crown—he said, "They told me it was bad, I chucked it away; and therefore they cannot do anything with me now."
WILLIAM WEBSTER . I am inspector of coin to Her Majesty's Mint. This florin is bad—the portion of a half crown is also bad—here are tooth marks on it; it appears to have been broken by being put into the mouth.
GUILTY**.— Confined Eighteen Months.
Before Mr. Baron Platt.
212. HENRY GUSTAR BRUNELL , and ANDERS AKOLA , were indicted for feloniously killing and slaying Thomas Brosnahan; they were also charged upon the Coroner's Inquisition, together with ERIC GUSTAR KRONHOLM , with the like offence.
(Upon hearing MR. BODKIN'S opening, MR. BAON PLATT, having read the depositions, intimated his opinion that the evidence was of so confused a nature as not to be safely relied upon. MR. BODKIN, therefore offered no evidence.)
NOT GUILTY .
MESSRS. BODKIN and CLERK conducted the Prosecution.
JOHN SULLIVAN . I am a labourer, at Deptford. On 22nd Nov., I was with a man named Thomas Brosnahan, at Deptford, he was brought up there with me from a boy—between 12 and 1 o'clock in the morning, I was with him coming through New King-street to go home—we had not been drinking together that morning, or the night before—I know a place called Barnes'-alley, Deptford, I lived there at one time—we were on the opposite side to Barnes'-alley, passing it going towards home—I heard persons talking as we came towards the alley—I could see them, but I could not tell who they were, it was very foggy—I heard a woman speak—I did not go near them till I was called—one of the women called Brosnahan by name first, and then she called me—Brosnahan crossed over to them before me, and I followed when I saw him down.
COURT. Q. Did you see him fall? A. Yes; I saw two or three of them at the time.
MR. CLERK. Q. Two or three of whom? A. Him (the prisoner) and the other men, the persons that were spoken to—there were some foreign sailors there—it was a blow given by a man that made Brosnahan fell down—there were four or five men, I could not exactly tell—I cannot say which gave the first blow—I was going to take Brosnahan from the ground, and I got a kick on the side of the head which knocked me down—I believe it was the prisoner who kicked me—I fell forward on my face—while I was getting up, my cap was pulled over my face, and I was pulled down to the ground again—I heard the people run towards the dockyard—I struggled with this man, he got up before me and ran ahead of me—I was struggling with the prisoner on the ground when I heard the people running to the dockyard, he got away from me and ran off also towards the dockyard—I followed in the direction where they all went towards the dockyard, and I saw Brosnahan leaning against the wall—I ran up as far as the corner to see where the rest of the people had run to, and the prisoner turned round suddenly, slung his arm round and stabbed me with a knife in the groin—that was not above three yards from where Brosnahan was standing—I was not following the prisoner—I ran right up to the corner to see where Brosnahan was—he had run on a good time before me, while I was on the ground.
COURT. Q. I understood you to say you had passed Brosnahan? A. Yes; I passed him and went forward, and then the prisoner turned round and stabbed me in the groin—I ran to see where the rest of them had gone to, as I missed Brosnahan.
MR. CLERK. Q. How far had you run from the place where you had had the first struggle with the prisoner on the ground? A. I dare say it was about forty yards, as near as I can tell—I saw none of the other foreign sailors at the time the prisoner stabbed me; they had run on in front; I saw nobody at all but Brosnahan—I had not touched the prisoner as I was running, before he stabbed me, only while we were struggling—I had not touched him after I got up from the ground, I never overtook him—I was running down to where Brosnahan was—I did not go beyond him, not a step, but I could not bring myself up in a moment—I did not fall on receiving the blow—I felt the blood run down my thigh bone and I said, "I am stabbed, Tom"—a woman came up to me very soon afterwards—Mrs. Dyball was the first woman that came up, Mary Brady came up very nearly at the same time—she was one of the women that had been talking with this man near Barnes'-alley—I had had a little to drink that night—I was taken to the hospital.
Q. Had you seen any of these foreign sailors before that night? A. I had been on board their vessel, the Solersia—I had not been working on board—there was some part of the cargo the captain wanted to get rid of, and I went to see if I could buy it, as we often make a shilling that way—I had not seen any of these men after that; I never saw them till this happened—Brosnahan had not been on board the ship with me.
Cross-examined by MR. PARY. Q. How many men were there across the road before your friend Brosnahan went across? A. Between four and five; I could not say—I did not recognize them as men I had seen on board the Solersia—they were talking to some women—I knew the women well.
Q. Did you not see Brosnahan run across the road, and strike one of the foreigners? A. When he was called, they called out to him by name, as we were coming by.
Q. Did not he run across the road, and hit one of them? A. I did not see who struck the first blow—I did not start till Brosnahan and the other man were down—Brosnahan was undermost—he called out to me "Jack Sullivan"—I did not run across and strike one of the men, I stooped to pick Brosnahan up—I did not hear what Brosnahan said when he was examined at the hospital, I was at the other end of the ward—I did not strike any blow till we were down and struggling—I went across the road to Brosnahan's assistance as he was lying down—I had had a drop of drink that night; I could walk in a straight line—I was certainly a little bit out of the way—I know what it is to be sober very often—I had not been drinking with Brosnahan at all that night—I met him as I was coming out of the public house—I have never said that I was taking beer with him that night.
Q. Do you really mean to say that you were not running after this man? A. I was running in the direction I saw Brosnahan run—I did not continue to run after the man after I had been struggling with him, I brought myself up as soon as I saw where Brosnahan was standing; that was before I was struck—I looked round, and saw him standing, and slewed myself up—I was not running after them, I was running in that direction—I cannot say that I saw the prisoner on board the ship.
MR. CLERK. Q. Had you seen him before that night? A. I believe I have seen the men in the Commercial Dock very often—I could not swear that I had seen the prisoner before that day—I do not think Brosnahan was six yards from the dock gates when I saw him leaning against the wall.
COURT. Q. Was the prisoner running quickly away from you after he got up? A. Yes, he was—I do not think I gained much upon him; he was a very short distance before me—he was about three yards before me when I started—I happened to go the same way after him—I had been undermost when I was down—I never spoke to him as I was following him—he continued the same distance from me as long as I followed him, and that was about the distance when he sprang back on me—I had nothing in my hand.
MARY BRADY . I am a single woman, and live at No. 4, Banes'-alley, Deptford. On Monday night, 22nd Nov., or Tuesday morning, I was in New King-street, talking with a person named Mrs. Dyball—we were near the corner of the alley where I live—while there, three foreigners came up, and began talking with me—the prisoner is one of them—he asked me would I go home with him all night-—he spoke in English—I said "No"—at that time I saw Brosnahan and Sullivan on the opposite side of the way, in New King-street—I did not call to either of them—Brosnahan crossed over from the other side of the way to this man, and asked him what did he want to do with the two women that were standing at the corner of Barnes'-alley—the prisoner made answer, and said, "Nothing," and then Brosnahan hit him in the side of the head, and ran down towards the Dockyard.
COURT. Q. Was Brosnahan a friend of yours? A. No; I knew him before, but he was no friend—I knew him before.
MR. CLERK. Q. When Brosnahan ran away, did the three foreigners remain where they were? A. They ran down after him—Sullivan was then on the opposite side of the way—after Brosnahan ran down the dockyard, and the three foreigners ran after him, Brosnahan hallooed out for Sullivan—he called out his name.
COURT. Q. Where was Brosnahan when he called out for Sullivan? A. Close by the dockyard gate—he called out, "Help, Sullivan! help!"
MR. CLERK. Q. What did Sullivan do when Brosnahan called out to him? A. He ran down to the dockyard gate—I ran after them, and saw Sullivan lying in the gutter, and the prisoner upon him—that was close by the dockyard gate—the prisoner got up off of Sullivan, and then Sullivan got up—the prisoner then drawed something black out of his right hand trowsers pocket, and stooped and stabbed Sullivan close by the groin—I did not see him open it first; he drew it out of his right hand pocket, and stooped and stabbed him—Sullivan called out to me, "I am stabbed!"—the front of his trowsers was down, and I saw blood on his shirt—at the time I saw Sullivan in the gutter with the prisoner upon him, none of the other foreigners were near, they had gone on—I did not see anything of Brosnahan at that time, not till I turned round after seeing Sullivan stabbed; I then saw him sitting on the steps of the Navy Arms, with his head on his knee, and bleeding from his side—I immediately gave notice at the dock-yard gate that these men had been stabbed by three foreigners, who had run down Dock-street—a constable immediately went after them down the street—the prisoner was the first man that was brought back.
Cross-examined. Q. This was rather a dark foggy night was it not? A. It was not very foggy, nor very dark, because it was close by the lamp where Sullivan was stabbed—I did not see a brother of the prisoner afterwards; I cannot swear to e'er a one, only to this man here—I saw him when he came up to me-—the other two men were with him at the time—they did not talk to me, only this man; the other two never spoke a word—that is the only reason I have for being positive about him—Brosnahan hit the prisoner on the side of the head; it was with his fist, he struck at him with his fist, it was not a violent blow, nothing particular—he then ran down to the dockyard, calling for Sullivan—the three foreigners ran after him as Boon as ever he ran.
Q. Then Sullivan did not come over directly and find them fighting on the ground by you? A. No; it was then that Sullivan ran after them—I saw Sullivan on the opposite side of the way before he was struggling on the ground—that was while we were all standing at the top of Barnes'-alley—I did not see him strike any of the foreigners before he was struggling on the ground; he ran after them and followed them up—he caught the prisoner—I did not see him catch him, I ran down and saw him lying in the gutter—I missed sight of the man he was following—I ran up and saw what I have described, it was a momentary thing—the foreigners then ran away—the prisoner was the first man that was brought back—I cannot say whether Brosnahan was drunk, or whether Sullivan was the worse for drink—I had not been taking anything—Mrs. Dyball was quite drunk, she could not recollect anything of the transaction—she followed after me—there was no other woman standing with me at that moment—the prisoner was dressed as he is now; he had his coat buttoned, and he had a red shirt on; I could not tell whether they had all red shirts—I cannot say whether foreign sailors generally wear red shirts—the one I saw had a red shirt on, I did not observe the others—I did not observe at all how the others were dressed: I did not take notice of them—they were not struggling with any one that I noticed—after Brosnahan hit this man on the head he ran away, calling out, "Help, Jack Sullivan!" and then Sullivan ran direct across the road after the foreigners—there were no others running after them besides Sullivan and Brosnahan, only me and Mrs. Dyball—I was not screaming out till I went to the dockyard.
M. CLERK. Q. What was it that you recognised this man by? A. By
his red shirt, and by his being a short stout man; his cap was off, and his hair was light—that was what I went by—at the time Sullivan was stabbed by the dockyard gate, I was close to him; I was not touching him, but I was quite close to him—I could have touched him; I did touch him on the hand about a minute after he was stabbed; I had not moved from the spot—the light was by the dockyard gate, I was close to that.
COURT. Q. The man asked you to go with him that night? A. Yes; he did not take me by the arm—he asked me in a civil way, and I as civilly answered him, and then Brosnahan came across—the prisoner did not use any uncivil language to Brosnahan—the first thing between them was Brosnahan giving him a blow on the head, and as soon as Brosnahan struck him, he ran towards the dockyard—he ran away, to try to get away—I then heard Brosnahan call out for help—Sullivan went the same way—I did not see him come up to the prisoner—I saw them down in the gutter together—I had followed Sullivan, I kept him in sight the whole time they were struggling together, and Sullivan fell down first, and the prisoner fell down on him; the prisoner was down by the dockyard gate when Sullivan came down—I did not see whether Sullivan came up to the prisoner, or whether the prisoner went up to him; I did not see how it was till I saw them falling in the gutter—Sullivan ran down to the dockyard after the prisoner, and afterwards I saw them down together struggling; the prisoner got up first from the ground, he never stopped, only drew something out of his pocket; he stood about a minute or so, close by Sullivan; he was close by Sullivan when Sullivan got up—from the time Sullivan was first called to, he ran from the corner of Barnes'-alley to the dockyard gate, that is not very far, not quite so long as this Court.
WILLIAM JOHN BATES (policeman, R 154). I was on duty at the Deptford Dock-yard on the morning of 22nd Nov.—about half past 12 o'clock in the morning I heard a knocking at the dockyard gate—I opened it, and saw the witness, Mary Brady, there—she gave me some information about some men being stabbed—I saw a man standing there, bleeding—he was about six or seven yards from the dockyard gate—there was a gas lamp over the gate—it was not a dark night; it was dark in some parts where there was no light, but there was a very strong light over the gate—in consequence of what Mary Brady told me, I ran down Dock-street, and as I ran I saw some persons turning the corner of Dock-street—I ran after them—they were going at a very fast walking pace—I overtook them in Old King-street—the prisoner was one of them—I have not found out who the other man was—I took hold of them, and spoke to them—I cannot say whether they understood me—I came back with two of them in custody—I saw three men altogether; one was some distance ahead of the others when I came up to them—I laid hold of two, and the third, seeing me approach, ran away—the two men I laid hold of, came back part of the way with me, up Old King-street, about thirty yards—I was then assaulted by the prisoner, and they got away—I have not the slightest doubt that the prisoner is one of the men I took—I never lost sight of him the whole time—when the two got away from me, one turned down Old King-street, and the other ran up Dock-street, towards the Dock-yard gate—sergeant Smith was on duty there, and he came out into the road, on my calling out to stop him, and he stopped the prisoner in the road—I took him to the station—Sullivan was brought there about half an hour afterwards, and he said, "That is the man that stabbed me"—the prisoner answered, "I had no knife"—I afterwards took a man named Akola, on the evening of the 22nd
—I never knew who the other man was that was running down the street with the prisoner.
Cross-examined. Q. Did you go on board the vessel to search for any knife? A. I searched Akola, and found a knife on him—this is it (producing it)—it is a black handled clasp knife—there were no marks on it at the time I found it; it was in the same state as it is now—there are stains on the blade—I did not take the prisoner to Brosnahan.
MR. CLERK. Q. Where was it that Akola was taken into custody? A. On board the ship; I searched him there, and found the knife in his trowsers pocket—it was closed.
COURT. Q. Which pocket was it in? A. I could not swear, but I think the left; I searched the prisoner, in company with sergeant Smith, immediately I took him to the station—I did not find any knife upon him, only some silver money—I examined his hands; there were marks of blood on them, as if from a fall—he fell in being captured, and we supposed his hands were struck by the gravel—there were no marks of blood except what came from that wound—he was knocked down by the sergeant's hat—we searched in the neighbourhood of the dock gate in order to see whether any knife was lying about there, but we did not find any.
WILLIAM SMITH (police-sergeant, R 27). I was on duty at the dockyard gate on the morning of 22nd Nov.—I remember a knocking taking place at the gate—I opened it, and went out into the road—I saw Sullivan and Brosnahan there—they were both wounded—Brosnahan was close to the gate, and Sullivan was across the road, about seven or eight yards from the gate—Bates ran after some men down Dock-street—I afterwards heard him call out, "Stop him!" and I knocked the prisoner down with my hat—I did not take him to the station, or search him—Hassell, 183, came up at the time—as soon as he was down I secured him—Bates came up, and he and Hassell took him to the station.
COURT. Q. Did you take Akola? A. I did, on board the Solersia—he is not a stout man—he is a moderate-sized man—not so stout as I am—he had on a white jacket, I do not know what colour his shirt was—it was information that the prisoner gave me after I returned from Guy's Hospital which caused me to go and apprehend Akola on board the ship—he spoke as well as he could to make me understand that I ought to have Akola—I asked him what for, and he said, "Akola did so twice (moving his arm) and stabbed a man"—that was the reason that I went on board the ship to apprehend Akola—there was another man, named Kronholm, also taken into custody on this charge—he is a short man, and rather stout—I took him round to the dead man's (Brosnahan's) house, and he identified him as soon as I took him into the room.
JOHN FRANKS CHITTENDEN . I am a surgeon. On the morning of 22nd Nov. I was called to the police station to see Sullivan—I found an incised wound on the right groin—I did not see any immediate danger—he was sent to the Hospital—I examined the wound—I found nothing but venous haemorrhage, and no communication apparently with the intestines, so I did not consider the wound dangerous—I introduced my finger, and it was quite lost in it, and could go no further—I mean, the wound was deeper than my finger would reach—there was no arterial injury—a sharp knife would inflict such a wound—it is very probable that the knife produced would inflict such a wound—it corresponds with the external character of the wound; the point not being sharp would have nothing to do with the external character of the wound—no one could tell whether it was done with a sharp knife, or such a knife as this—it was a clean cut—the wound was outwards and upwards.
COURT. Q. Was it a stab wound, so as to be much deeper than broad? A. It appeared very much like it—this instrument might have inflicted such a wound.
ARTHUR HENRY DOLLMAN . I am house surgeon at Guy's Hospital. Sullivan was brought there on 22nd Nov.—he had a deep wound in the groin—when he came in, I thought it was a dangerous wound from the state he was in; he bled a great deal, and he was in a very weak state—he remained in the hospital till 26th Dec.—I examined the wound, and passed my finger up three inches—I should say the wound had been inflicted by a knife about four inches long, and rather more than an inch broad.
COURT. Q. Look at that knife (the one produced)? A. I should not think this was the knife that produced it, from the appearance of the wound; it was deeper than this blade; the mouth of the wound was an inch and a quarter long; it might have been enlarged in drawing out the knife.
Cross-examined. Q. Did you hear Mr. Chittenden examined? A. Yes; this is my third year of being at the hospital—I am not yet qualified as a surgeon—I am a student at the hospital, appointed there as house surgeon—I am in the course of studying my profession, practising on the subjects that come to the hospital.
MR. PARY to MR. CHITTENDEN. Q. How long have you been a surgeon? A. About forty-five years.
NOT GUILTY .
Before Mr. Common Serjeant.
(MR. CLARKSON offered no evidence.)
NOT GUILTY .
Before Mr. Recorder.
MESSRS. BODKIN and CLEK conducted the Prosecution.
WILLIAM READ (police sergeant, V 18). On the morning of 15th Nov., I was on duty at the police station at Wandsworth—about 4 o'clock in the morning a person named Charles Twilley was brought there in custody by constables George Hume and Ephraim Knight Howe—he was charged by them with being drunk and assaulting George Hume—I entered the charge—this is the charge sheet (produced)—the entry is "Drunk and assaulting police constable 353 V, George Hume, in the execution of his duty, at the parish of Merton"—Twilley said he had been ill used and thrown down by Hume, and appealed to me whether he was drunk—I said, "You are not drunk now, but you have been brought four miles, and you may have got sober since"—I entered the charge of drunkenness, and the charge sheet was taken before the Magistrate next day.
COURT. Q. Was he or was he not in a state of liquor at that time? A. He appeared as if he had been drinking, but he was not drunk then—his eyes seemed muddley, and I considered that he had been drinking.
ALFRED TAYLOR . I am chief clerk at Wandsworth police court. I was in attendance there on 15th Nov.—Mr. Beadon was the presiding Magistrate—the police sheet was laid before him in the ordinary course—I took a short note of what took place—this is it (produced)—it is in my own writing—the defendant was sworn and examined as a witness in my presence
—a person named Twilley was the defendant—Hume said, "This morning, at 20 minutes to 2 o'clock, at Merton Rush, the defendant came up very drunk, and began knocking a man about, and a disturbance was likely to ensue; I told the defendant to go; there were two policeman, Stephen Holmes and another, close by a beershop; I was not drinking with them; I saw pots about; he abused me, and knocked my hat off; I told him to go home, and he put his first in my face, and struck me in the mouth"—on that statement being made, Twilley, the defendant, made an exclamation which was not taken down—(MR. ROBINSON, for the prisoner, objected to this witness's evidence, and to evidence being given of anything which was not in the depositions, the Act of Parliament saying that the depositions shall be the record and the only record of what takes place before a Magistrate; see "Roscoe's Evidence," page 75, and Harriss, case 1, "Moody's Crown Cases" page 348. The COURT considered that there was no doubt that adding to a deposition was evidence).
MR. BODKIN. Q. Did Mr. Twilley, then, say something which you did not take down? A. He made an exclamation of surprise—as near as I can recollect, it was, "My God, this man will swear my life away; there were five policemen there, and we were all drinking together"—Howe was not in Court at that time—he was ordered out before the charge was made—Mr. Beadon then proceeded to question Hume.
Q. Looking at your note, tell us what he swore? A. He said, "There were two policeman, Stephen Holmes and another, close by a beershop; I was not drinking with them; I saw pots about; the two policemen went on before, and did not see the defendant strike me"; they had not any beer that I saw"—Mr. Beadon then ordered Hume out of Court, and asked for his witnesses—he was subsequently recalled, and pressed by the Magistrate on the subject of his drinking, whether there was any drinking outside the beershop, how many policemen there were, and if he himself had drank—he said neither had he drank, or his brother constables, and that there was no drinking outside the beershop—those answers were not taken down; they were in effect the same as he had previously given—the case was then adjourned till the Monday following, and the charge against Mr. Twilley was then dismissed—he had not been kept in custody in the mean time—he was allowed to go at large on his promise to appear, and he did appear—as the charge was dismissed, no formal depositions were made out; there were merely minutes taken.
Cross-examined by MR. ROBINSON. Q. How long did the investigation occupy? A. It might have occupied half an hour—I pledge myself that the words I have read were the very words used—they were taken down from the lips of the party—I recollect seeing the charge sheet before Mr. Beadon undoubtedly; he would not enter into the charge without the charge sheet—this is Mr. Beadon's mark on it—it was put at the conclusion of the charge, "Adjourned till Monday"—I did not see it written, but I swear it is Mr. Beadon's writing—the lower part is not his writing—this "W. F. Beadon, Esq.," is my writing, and this "W. F. B" are Mr. Beadon's initials, in his own writing—I sign his name by his authority—when a person is discharged, I mark him discharged.
COURT. Q. Why do you copy the name at full length below? A. That is to refer to who was sitting—it is an interpretation of the initials—very frequently on the adjournment of a case, the charge sheet is not produced, and it is simply brought to the Police Court afterwards, and marked off for the information of the Commissioners of Police—I write the name at length
for the information of any person into whose hands it may come—the charge was brought on again on the Monday following, and I marked it—I find my writing on it.
MR. ROBINSON. Q. Was the statement you have read given on the first occasion or the second? A. On the first, all that I have written in this book.
MR. BODKIN. Q. Did you see this letter (produced) before the remand took place? A. I saw it on the day of the adjournment—it was read by the Magistrate, in the presence of the defendant.
Cross-examined. Q. How often have you seen him write? A. Frequently; and I have no doubt that it is his writing.
COURT. Q. Did you receive it? A. Yes, it was left at my house by a policeman—(this letter was read as follows; it bore no address)—"It is with shame that I confess to you that I told an untruth to Mr. Beadon, the Magistrate, and to yourself. When he asked me if there were any beer and constables, I said "no," for which I am truly sorrow, and deserve not any longer to be retained in the force. I have been in a fever ever since about it, and couldn't take my duty, all through telling an untruth. If it had not been the constables from Tooting, it would not have happened at all. They asked for beer, and gote 2 pots of ale, and paid for it 1s. There were 5 P. C's., namely, Hunt, Howe, Holmes, Eggs, and myself, were there about 20 minutes, or little more altogether. We were there a little time before Twilley came up. One of the Tooting constables called on Twilley, but which I don't know, and that was the way he came into the company. There about 10 minits from the time of Twilley coming up till the P. C's. left for Tooting. Just when they, the P. C's., were going to make a move, Twilley took hold of P. C. Holmes' cloths, and pulled him about; and he, Holmes, was not very well pleased about him doing so. He, Twilley, knocked off a P. C.'s hat. I do not know of him saying to Twilley about it, but I said to them to behave himself, and not make any disturbance; he, Twilley, come and knocked of my hat. I pushed him; he, being drunk, fell to the ground; and he gote up, and struck at me in the mouth. I prevented him from hiting me hearer by putting out my arm, and being drunk, fell to the ground the second time, and I took him into custody for assaulting me. The P. C's. were on there way home when Twilley was taken into custody. I cannot say more about the affair. I am truly sorrow for what has happened. Did not know that Twilley would speak of the beer; he was the cause of the disturbance. I told a falsehood unwittingly, and am ashamed and sorrow for it. I hope that Mr. Beadon will consider the case. It is the first time that I have disgraced myself. I expect to be dismissed the Police, and punished likewise; but there is pity in such a case; we are all ready to err from the path of duty. I hope Mr. Bicknell pity us. P. C., Geo. Hume."
CHARLES TWILLEY . I am a cattle dealer on commission, and live on Wandsworth-common. On Monday, 14th Nov., I was at Kingston fair with my brother—when we came from the fair we went into the town, and stopped there some time; we had something to drink—we came from the town together in a little chaise—we came up with a friend of my brother's, in Coombe's-lane, and I got down and walked—when I got to the Leathern Bottle beer shop, at Merton, I saw five policemen; I did not see what they were doing then, but one of them called to me, "Halloo, Charley!"—I
stopped, and he said, "Will you have any beer?"—I will not swear which of them it was, but I believe it was Howe—they were all standing there drinking at the door of the public house; it was then near 2 o'clock in the morning—the house appeared to be closed—they had got some beer in a can, and were pouring it into a pint pot; I drank some of it—one of them, I do not know which, said they had got half a gallon of ale—they were near enough together to hear what was said by any of them—we paid 2d. a piece round, me, and the five policemen; that made 1s.—no more beer was got from the house—one of them said to me when I was drinking, "Your pot is as good as anyone else's;" and I said, "I will be a pot"—one of the others said, "We cannot have any more beer to-night; we hare just called them up, and got this half gallon, and we must not call them up any more"—I drank out of the pot, and gave it back to one of them, who drank again—after that we put the pot and can down, and all moved away from the house—after we had finished drinking we paid 2d. each, the fire policemen and me—we were about ten minutes drinking at the door of the Leathern Bottle, and then all started together till we got into the road—the house lies a little way back—when we got into the road I will not say positively what passed; I might have got larking with the others; we were all very good friends together, and the prisoner Hume tripped me up with his foot, and threw me down on my back—I think there were only three policemen present at that time, but I will not say positively whether the other two had gone or not—after Hume had tripped me up, I said, "Don't you do that again, or you will shake me all to pieces"—as soon as I had said that he tripped me up again, and it actually stunned me; I did not know where I was at that time—they got me up again, and when I recovered myself I said, "You mark my words, to-morrow morning I will report you for this"—as soon as I said that he took me by the arm, and said, "I will learn you to insult police constables; I will take you to the station house;" and he said to Howe, "You must come with me"—the three constables left with me were Hunt, Hume, and Howe—as we were going along to the station, one of them said, "I suppose you would sooner go home than go to the station?"—that was either Hume or Howe—I said, "No; you have begun it, you may keep on with it"—I went down to the station house, and the charge was taken by sergeant Reed—I heard Home give the charge—he charged me with being drunk and assaulting the policemen, and with striking him—I moved the iron bar up, went to sergeant Reed, and asked him if I was drunk; he said I was not—Hume was in the station at this time—he and Howe heard what I said to Reed—I said, "Am I tipsy?" and he said, "No, you are not now"—at the time I was at the Leathern Bottle I was not drunk; I might have been drinking a little drop, but I was quite capable of taking care of myself and knowing what I was about—I was kept at the station all night, and on Tuesday morning, the 15th, I was taken before a Magistrate, and heard the evidence that Hume gave against me for assaulting him; I then asked the Magistrate if he would allow me to speak, as it was false, and I told him the truth, that I got out of my brother's chaise to let a friend get up, and walked, meeting nobody till I got to the Leathern Bottle, when I met the policemen, who asked me to drink, and that I drank with them—the Magistrate adjourned the case for further inquiries till Monday, the 21st, when I went before him again, and he dismissed the case, and said he should put it before the Commissioners.
Cross-examined. Q. You are a commission agent? A. Yes; I buy and sell for my brother—he lives at Mitcham—I had sold beasts for him a week
before—I left the fair between 4 and 5 o'clock in the afternoon, and went and stopped with my brother and a few friends at a public house—I may have been in two or three public houses before I left Kingston—I will not swear it was not above three, but I do not believe it was—I had some beer at each of the public houses, and I might have had a little gin and water and a pipe of tobacco, and enjoyed myself—we were all drinking together—I was two or three hours at the Dolphin; I had some gin there—it is not above a quarter of a mile, I believe, from the Dolphin to the next public house I was at, and I think that was the only house I stopped at—I might have had a little gin and water there—I stayed there about an hour or two, I think—that was the last house I left—we left about 12 o'clock—it was nearly a quarter past 2 o'clock when I met the policemen—my brother was, in the chaise, driving—I was from 12 till 2 o'clock going from Kingston to the Leathern Bottle—I had to walk—I only rode half a mile—it was a lady who got into the chaise, and there was a young man in the chaise—I was charged with something once, two or three years ago—I went down to Windsor to see my friends, and got tipsy; it was thought that I was not capable of taking care of myself—I got nothing for that, I was discharged—that was the only time—I might have been larking on this occasion; we were all good friends, and were all larking together—I have no doubt about that—I did not knock Hume's hat off, or strike him on the hat—I swear I never struck him at all—I believe I said at the police court that I never struck him—the larking began directly we left the Leathern Bottle—I had only got into the road when I was tripped up—Hunt, Hume, and Howe were there—I will not swear positively whether the other two were there when the larking began—I did nothing—we were all good friends, and got sky larking—I say I believe I might have been sky larking, but I do not know that I was; and what the man tripped me up for I do not know, I do not recollect that I ever touched him.
MR. BODKIN. Q. About how far were you from Kingston when you left your brother? A. About half a mile—it is three or four miles from Kingston to the Leathern Bottle; I had walked those three or four miles before I joined the policemen at the Leathern Bottle—the first thing that happened to me was my being tripped up by Hume—I do not think it was intended to hurt me, but he threw me down the second time very hard.
ELLEN HAYES . My husband keeps the Leathern Bottle at Merton. On the night in question we closed the house about 10 o'clock—I was afterwards awoke by a knocking down stairs—I do not know what time it was—I raised the window, and saw some policemen, I could not see how many—I could see a couple of hats—they asked me for two pots of ale (that is half a gallon)—I got up, and drew it—I was partly undressed—I opened the door partly, gave it to them, and received 1s., which was the price of it—I did not see who I gave it to—I do not know whether I gave a pot or not.
MR. ROBINSON to WILLIAM BROWNE PURSE. Q. How long has the defendant been in the force? A. I do not know when he joined it, but he has been under me four years—he has been in the force for a number of years, and bears a very good character—he is one of the most respectable men in the force.
THOMAS HIGGS . I was a police constable of the V division—I am not now in the force—I was on 14th Nov., and was on duty in Kingston—I left Kingston after the fair with Holmes, a constable in the same division—we were dismissed by the inspector about 1 o'clock in the morning—as
we came away we saw the defendant near Merton, with Howe, another policeman—we wanted some beer, and I asked if there was any house open—we met Hunt, and walked together until a light was turned on, and Hunt walked on ahead, thinking it was the sergeant, but it was these two constables—we all five went to the Leathern Bottle—Hume knocked first, and no answer was made, and then Howe went and knocked—the attention of some person inside was attracted, and we got half a gallon of ale-Holmes paid for it—after we began drinking it, Twilley came up—I think he was asked by one of the constables to join the party—we five constables and Twilley drank it between us—Twilley said it would be 2d. a piece—I paid 2d., Twilley, 2d., Hume, 2d., and Howe, 1d.—that made 7d., which was given to Hume—I said what was deficient I would pay half of, and I gave him 1 1/2 d.—we then left the Leathern Bottle—the house stands back a little from the road—when we got into the road, Holmes and I went home, leaving the other three there—Twilley came on with us—he was an old acquaintance of ours—my district is Tooting, which is three miles and a half off—next afternoon the defendant and Holmes came to my house about 12 o'clock—I cannot exactly swear to the words, but he said, "I locked Twilley up," and that he told the Magistrate he was drinking with five constables, and that the inspector perhaps would come and make inquiries—he said, "Say that you saw no beer, and that you never saw Howe there, but met him at a distance away from the house"—I believe those are the words, but I cannot swear it, as it is so long ago—I believe it was to say that we did not see him with Twilley, but coming towards home.
Cross-examined. Q. You were not before the Magistrate on the charge of perjury; I mean, you were not examined? A. I was not; I am sacked from the force, discharged—I should like to get back again—I gave this piece of information to the solicitor to the Treasury last Saturday week—they sent the order for me to attend on the Friday—it was after the last Session—he took it all down in writing—I was convicted of having the beer, but I believe it was not legal; I had fourteen days for it—I had no light—the three Merton constables had lights; they were on duty—I will not undertake to swear I saw Hume actually drinking, but the beer was passed round—we left the other three just by the Leathern Bottle—I was on foot.
MR. BODKIN. Q. Was Hume there, when the beer was being served out? A. Yes; I did not hear him object at all—he paid 2d. for his share.
MR. ROBINSON. Q. Do you mean to say you saw him pay 2d.? A. I gave 2d. into his hand, and Twilley paid 2d.—I saw Hume put his hand into his pocket, and I believe he pulled out 2d.
STEPHEN HOLMES . I was a Tooting policeman. I have been discharged, and in prison fourteen days for violation of duty at the Leathern Bottle—I was there on the morning in question—constables Hunt, Hume, Howe, and Higgs were also there—Hume commenced calling the parties up, and then Howe—some one came to the window, then came down, and put out half a gallon of ale in a can and a pint pot—we five constables commenced drinking it, and after some time Twilley came by—I paid 1s. to the person we got it of—I cannot say whether it was a man or a woman—Hume collected 7d., and paid it to me—I cannot say whether Twilley paid anything; he drank some of the ale—we drank it all between us—we left Twilley with Hunt, Hume, and Howe, and went away.
see Twilley about 3 o'clock that morning? A. Yes; he appeared to be under the influence of drink.
GUILTY.—Strongly recommended to mercy on account of his good character. — Confined Six Months.
PLEADED GUILTY.—Recommended to mercy, homing borne a most excellent character in the force. — Confined Six Months.
Before Russell Gurney, Esq.
PLEADED GUILTY .— Confined Six Months.
MR. PLATT conducted the Prosecution.
MARY HUNTINGTON . I am a daughter of James Ingram Huntington, a greengrocer, of Suffolk-street, Borough. On 7th Dec, about 6 o'clock in the evening, the prisoner came and asked the price of savoys—she bought one, at three halfpence, and gave me half a crown in payment—it was good, and I put it into the till, and gave her a florin, and 4 1/2 d. in copper—she said she did not like the florin, and I gave her two shillings of King George's reign, which have not the words "one shilling" on them—I tried them with my teeth, to show her that they were good, and put a magnet to them—I said, "You see they are good"—she kept rubbing one of them about, then took it up, and I saw her put another down, saying, "I don't like that"—I snatched them both up, saying, "Neither do I," and asked her to give me my good shilling back, and I would give her her half crown, to take herself off—she appeared tipsy when she came in, and when she said that she appeared more so—she said, "I do not know what you mean"—I gave her into custody with the bad shilling—I am quite certain this is not one of the shillings I gave her.
MATILDA AMELIA PEARMAN . I am the wife of George Pearman, of Swan-street, Newington. I was in Mr. Huntington's shop when the prisoner came in—I saw her put down half a crown—Miss Huntington put some change on the counter—the prisoner said she did not like it—Miss Huntington took the 2s. piece up, and put down two shillings, and then I saw the prisoner take up one shilling, and slip another down out of her hand—she said she did not like that—I saw her put the good shilling into her mouth—a policeman was then sent for.
WILLIAM SMITH (policeman, M 279). I was called, took the prisoner, and received this shilling (produced) from Miss Huntington—the prisoner feigned to be drunk, but she was not—I looked in her mouth, but found nothing there.
Prisoner's Defence. I do not remember a word of it; I hope you will have mercy upon me.
GUILTY . Aged 28.— Confined Eighteen Months.
MR. PLATT conducted the Prosecution.
RICHARD NORDEN . I am manager at the Grapes public house. On 21st Dec., about 6 o'clock in the morning, the prisoner came and asked for a pint of beer, 6d. worth of gin, and a glass of rum and milk—she put down a shilling; I told her it was bad, and bent it—I kept it in my hand, and she gave me another—I told her that was bad, and bent it; then she gave me half a crown, that was bad too; then she gave me a 2s.-piece, that was bad also; then she gave me another shilling, that was bad also; then she gave me another half crown, that was bad too—she said she had got them in change of a sovereign in the city, and offered me 6d. and 6d.-worth of half-pence—she wanted the bad money back, but I would not give it to her—I put it on the fireplace behind the bar; there was nobody else there—I sent for the police, and she ran away—I did not speak loud, there was a man in the bar, and I gave him a wink; as soon as she saw the man was gone, she had suspicion and went—she was brought back in an hour, or an hour and a half—I am sure she is the woman.
JURY. Q. Was she sober? A. She appeared so.
Prisoners Defence. I did not know the money was bad, or I should not have given it; I showed him all the money I had, and if I had known it was bad I should not have done it; I hope you will be merciful, and I shall be very cautious the remaining part of my life.
GUILTY . Aged 25.— Confined Six Months.
SARAH HODDY . I am the sister of Mr. Smith, who keeps the Railway Hotel, Battersea. In Dec the prisoner came to the bar and asked for seven sixpences and half a quartern of rum for four shillings; the rum came to 2 1/2 d.—I tried the shillings with my teeth; they bent, and I gave them to Mr. Smith, who gave the prisoner in charge; he then appeared intoxicated, but did not before.
NICHOLAS SMITH . I am the brother of the last witness, and keep the Railway Hotel My sister gave me 4s., when the prisoner was in the bar—they were bad and I sent for a constable, and gave him in charge with the shillings after marking them—these (produced) are them.
JOHN THOMPSON (policeman, V 141). Mr. Smith gave the prisoner in my charge with the 4s.—these are them, they are the same—I searched the prisoner, but found nothing on him—he assumed to be drunk, but in my opinion he was not—he said he lived at No. 1, Fox's-buildings, Kent-street, Borough—I made inquiries, and he was not known there.
Prisoner's Defence. I had been drinking with some friends; I changed half a sovereign; I do not know where, but I must have taken the 4s. then.
GUILTY .* Aged 25.— Confined Twelve Months.
ADJOURNED TO MONDAY, 30TH JANUARY.