CENTRAL CRIMINAL COURT.
SIDNEY; MAYOR FOURTH 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 30th, 1854.
PRESENT—The Right Hon. the LORD MAYOR; Sir PETER LAURIE, Knt., Ald; Sir CHAPMAN MARSHALL, Knt. Ald.; Mr. Ald. HUNTER; Mr. RECORDER; Mr. Ald. MOON; and Sir ROBERT WALTER CARDEN, Knt, Ald.
Before Mr. Recorder and the First Jury.
MR. SLEIGH conducted the Prosecution.
REINHARDUS LAMMERS (through an interpreter). I am a boot and shoe maker; I have been in England about eight weeks; I have been lodging at Mr. Rose's, No. 1, Shorter-street, Wellclose-square. On Monday night, Dec. 19th, I left home about 5 o'clock, leaving sixty-three pairs of boots and shoes in my room—I locked the door of my room, and the door of the house when I left—I returned at half-past 10—I found the street door to, and my bed-room door open; the street door was locked, the key was turned—I went into my room and missed all my boots and shoes—these produced are mine—the bag in which they are is not mine—I had left some of the boots on the table—I had left no one in the room, my wife was not in England—these boots (looking at a pair) are my property—they have my mark—some of the boots are marked with the letter K.
Cross-examined by MR. TAYLOR. Q. What does K mean? A. I put that down as my private mark—the house I lodge in belongs to Mr. Rose—three or four people slept in the house one night, and five or six another night—when many people come there many sleep there; it is a lodging-house—when I discovered my loss I went to Mr. Vandenberg, about 4 o'clock in the morning—I went first to Mr. Green, and he told me to go to Mr. Vandenberg, for he knew Mr. Vandenberg mostly bought stolen property, and he knew where to recover such things—I went with Mr. Green to Vandenberg's;
I stopped in the street—Mr. Green walked into the house, Mr. Vandenberg came out to him—Mr. Vandenberg has not often been to the house where I lodge; he came to Mr. Rose, and told him he should find the boots out in eight days;—Vandenberg came to visit Mr. Rose—I do not know that he has frequently been there—he used to come.
PORTER WILLIAM DUNAWAY (policeman, H 129). From information which I received touching this robbery, I went on Wednesday afternoon, 21st Dec, at 5 o'clock, to a marine store-dealer's, at 4, Queen-street, Tower-hill; it was kept by the Chapmans—I saw Mercy Chapman in the shop at the time I went in—I have known the marine store shop for some time—Mercy Chapman's name is over the door—I have had occasion to go to the shop several times.
COURT. Q. What makes you say it was kept by the Chapmans? A. I have seen them both there in the shop on former occasions—John Chapman is the brother of Mercy Chapman.
M. SLEIGH. Q. On those occasions have you seen them both in the shop? A. Yes; I have on some occasions—I have seen each of them taking a part in the management of the shop—on this occasion, when I went into the shop, I saw Mercy Chapman—I asked her if she had bought any boots that day or yesterday, or if she had had any left there within a few days—she said no, she had not bought any boots; she did not lay out a shilling a day in the shop—I then said, "I shall search your house"—on my saying that she turned round and walked into the back parlour—anything that was said in the shop could be heard in the parlour, if spoken in the tone in which I spoke—I followed her into the parlour; I there found John Chapman and the prisoner Smith—I saw Smith having hold of a bag, trying to push it out into the passage—it was a heavy bag—this produced is it—John Chapman was sitting in the room—I said, "Halloo, what is this?"—I took hold of the bag and took out some boots-—Mercy Chapman said, "They were left when me and my brother were out for a loan"—she afterwards stated that they had been to Old-street Road for a loan—Smith said, "Mrs. Chapman and John had nothing to do with it; if there is anybody to blame, take me"—Mercy Chapman said she was out at the time—I cannot remember her saying anything else—I then took the prisoners into custody with the assistance of the other constables—at that time Vandenberg was in the house—he was not taken into custody till late that night.
COURT. Q. Was Vandenberg at the marine store shop at that time? A. Yes; he did not go there with me—I ran round there first, and he came after me—I had not had any communication with him, two other constables had.
Cross-examined. Q. Do you know how long Mercy Chapman has carried on this shop? A. I have known it about four or five years—Mercy Chapman and her brother have carried it on during that time—I never noticed the name over the door till this transaction—I never searched the house before—I went there once to inquire about a box which had been stolen from off a cab, and I have several times popped into the passage adjoining the shop, being a dark one, when I have been looking after other things—I went in plain clothes—when I made this inquiry of Mercy Chapman, she walked into the parlour; she turned round very quickly, she did not run, there was not room enough, but she went as quickly as she could very well walk—the first question I asked her was, "Have you bought any boots, or had any left here yesterday, or within a few days?"—I asked her that all at once; it was not merely, "Have you bought any boots?"—her answer was,
"No; I don't lay out more than 1s. a day"—Smith was trying to push the boots towards the passage; it is a passage that separates the shop and back parlour from the backyard—there is a partition between the shop and parlour, and the passage runs along by the side of them into the back yard, there is a door leading from the passage into the back parlour; the passage is an ordinary side entrance—Smith said, "If anybody is to blame it is me; take me, Mercy and John had nothing to do with it"—she said, "I took the boots in, a man brought them, and said he would call again at 9 o'clock to-morrow night;" both the Chapmans said, if I went to John-street to inquire, I should find they had been making inquiries about a loan when the boots were brought—Mercy Chapman said so—I do not know whether John Chapman said so; he might, but I very well recollect that it was said—another constable, named Payne, came in shortly afterwards; he came in about a minute after me—Vandenberg came in about five or six minutes after me, it might have been ten minutes—some time after I had been there, John Chapman went out; I went away to the station house to fetch some one else down to help search the house, and he went out in the mean time—he came back again—I do not know how long he was away, it might have been three quarters of an hour; when I went away at night, after searching the house through, I left Vandenberg in the house; that was at Mercy Chapman's request—I heard her ask him to stay—he said, "Well, I shall go home," and she said, "Pray don't go, don't go away and leave me; stop here"—I left him in the house with two others, a man named Matthews and his son—Smith told me that she was a servant out of place, and that she had been lodging with Mercy Chapman—I do not recollect that she told me how long she had been lodging there.
MR. SLEIGH. Q. I understand Vandenberg staid at the express request of Mercy Chapman? A. Yes, he is the person included in this indictment—I only went once to Chapman's with reference to stolen property—that was about a box—I did not find the box; I did not search the place.
CORNELIUS FOAY (police sergeant, H 7). On Wednesday evening, 21st Dec., I went with Dunaway and another constable to the marine store dealer's, in Queen-street—Dunaway went in before me—I have known that shop for many years, and have had occasion to visit it in connection with my duty—I have generally seen Mercy Chapman and her brother there-—the business was carried on by them both—I have seen each take an active part in it—I assisted in taking the prisoners into custody—I came into the parlour after Dunaway found the bag of boots—Vandenberg has absconded.
Cross-examined. Q. I believe you searched the house with the other officers? A. I did—I examined a bedstead there—the top of it was thick with dust—I found no traces of anything having been on it—I have known the shop for the last seven or eight years—I believe Mercy Chapman has conducted it for that time, but I never visited the house much till lately, I will say the last three years—I never searched the house before this; I have been there to make inquiries, perhaps ten or twelve times altogether—after searching the house, I left Vandenberg and the two Matthews' there; that was about 11 o'clock at night—I requested Vandenberg to go, and he refused, saying he was going to stay all night—he was brought to the station shortly afterwards with young Matthews, with two pairs of boots in his possession; they are here—he said he found them on the top of the bed-stead—Vandenberg has two marine store shops in Rosemary-lane, about five minutes' walk from the shop in Queen-street.
ROBERT PAYNE (policeman, H 198). I was at the prisoners' house on the Wednesday evening when the property was discovered—I saw Vandenberg in the back parlour, in conversation with the prisoner Smith; they were whispering to each other.
Cross-examined. Q. I believe you went to Chapman's in consequence of information which you received from Vandenberg? A. I did—when I saw him and Smith in conversation, Vandenberg nodded his head to me, and gave me the wink—I did not take particular notice of it, but he afterwards said, "If you had not come in when you had, I should have found out from the female where the other property was"—I did not hear what Smith said to him.
FRANCIS KELLY (policeman, H 130), examined by MR. TAYLOR. On the Wednesday night in question I was watching in Queen-street; I saw Vandenberg with a bundle under his arm, with another man—I took them to the station—the bundle contained two pairs of boots.
COURT to PORTER WILLIAM DUNAWAY. Q. You say Mercy Chapman said if you would inquire in John-street you would find they had been there about a loan? A. Yes—I did not make those inquiries.
NOT GUILTY .
PLEADED GUILTY . Aged 12.— Confined Six Months.
PLEADED GUILTY . Aged 40.— Confined Six Months.
PLEADED GUILTY. Aged 17.—Recommended to mercy. — Confined Six Months.
PLEADED GUILTY . Aged 20.— Confined Six Months.
PLEADED GUILTY. Aged 22.—Recommended to mercy. — Confined Twelve Months.
227. FREDERICK WALKER , stealing 1 copper plate, 1 saw, and other articles, value 30s.; the goods of Hugh Boyd, his master: to which he PLEADED GUILTY . Aged 17.—(His master stated that he had been very much neglected, that he could neither read nor write, and that it was considered there was something defective in his mind; that he had been in prison once before, and had been sent to the Red Hill school, but was incapable of learning even his letters.)— Judgment respited.
M. METCALFE conducted the Prosecution.
ROBERT ELLIS . I am clerk to Messrs. Robertson, M'Clean, and two others—they are white lead merchants, at Old Swan-wharf, Upper Thames-street—I know the prisoner—I have seen him at the warehouse on many occasions—he was in Mr. Bowick's service, and I have supplied him with lead many times—on 27th Aug., between 5 and 6 o'clock in the evening, he came to the warehouse, and wanted a cask of lead—he did not say who for, because I knew he always came from Mr. Bowick—he said he wanted it very particularly that evening—I said that the carts were all out, and he had better get a truck—he did so, and I asked him if he had brought me an order—he said, "No," and I said he must write me one—it had been his habit to bring orders from Mr. Bowick—sometimes he brought them signed, and filled them up himself, but they always had Mr. Bowick's signature—I furnished him with a piece of paper and a pencil—he wrote something, and gave it to me, but it has been lost—being Saturday night, we were just going home, I had got my coat on, and I laid the paper on the side of my desk—on the Monday morning, when I came, it was gone—I do not recollect the contents of it—the moment he gave it into my hand, I told a man to give him a cask—I had not the least suspicion—a cask was given to him, and he wrote this receipt, and gave it to me (read—"Received of Robertson and Co., one cask of white lead, for Mr. Bowick, of Holloway. George Manning.")—he wrote it all at the same time—I asked him to give me a signature, and gave him a paper, and he signed it—he had signed many of them before—the cask was put into his truck—he did not say where he wanted it to be sent to, but I should have sent it to Mr. Bowick's premises—it was worth 4l.—I should not have let him had it, if I had not believed that it was on Mr. Bowick's authority—there was a light where he signed the paper.
COURT. Q. During the whole interview, did he say anything to the purport that he was sent by Bowick? A. Not that I remember—I let him have it, believing he was Bowick's servant—he asked me to send it, and I supposed he meant to Mr. Bowick's, but he did not mention Mr. Bowick's name—I do not know whether the prisoner had any place of business of his own.
JOSEPH COMBER KNIGHT (policeman). I took the prisoner, and told him it was for obtaining a cask of lead of Messrs. Robertson, on 27th Aug. last, for Mr. Bowick, and that what he said to me might be given in evidence—he said, "I shall not deny having the lead, but I intended to pay for it as soon as I was able to do so, as I have done on previous occasions"—he said Mr. Bowick had allowed him to take things, and pay him for them.
WILLIAM BOWICK . I am a builder, and live at Durham-place, Holloway. The prisoner has been employed by me for some time previous to Aug. last—he was sometimes employed to fetch lead from Messrs. Robertson's—he left my service about the latter end of July, or on the first week in Aug.—he was not in my service, or employed by me, on 27th Aug.—he was not authorised to get lead from Messrs. Robertson for me, or to sign a receipt—he had no authority to sign the receipt produced—I have never seen the cask of lead—the prisoner was about three years in my service.
Prisoner. I was only employed occasionally for you, on and off. Witness. Yes; you had a cask of lead of me, on a previous occasion, as you said your wife and family were starving, and you could not get credit; and if I would
pass my word to Messrs. Robertson for a crate of glass and half a firkin of lead, you would work it out in the course of the summer, and you did work it out-—I signed the order myself—Messrs. Robertson did not know it was for you—about a month after you got this lead I called on your daughter, who is a servant in Aldersgate-street, and asked her to ask you to call on me, as I wished to know if you could have done such a thing after the kindness I had shown you, having paid you 2l. 2s. 6d. through the greater part of the summer, and I received a letter from you.
MR. METCALFE. Q. Did you authorise the prisoner, after he left your service, to get any lead? A. No; nor did I allow any to be obtained in my name—this is the letter I received from the prisoner (produced).
ROBERT ELLIS re-examined. I have seen the prisoner write a great many times—this letter is in his writing (read:"29th Sept., 1853. Mr. Bowick, Sir,—You will, I hope, pardon my not coming to you, as you requested by my daughter. I cannot be too thankful to you for your kindness towards me—When I see the position in which I have placed myself I have never for a moment thought of not paying for the things I might have, but only of getting a short credit, which I had a difficulty to obtain on my own account. I have this day made arrangements, by which I shall be enabled to pay you half the amount within a fortnight from this time, and the remaining half in another fortnight following, on which you may rely. I therefore beg of you to withhold for that short time, and by so doing you will confer a great boon on myself and my family, for which we shall feel for ever grateful. Your obedient servant, Geo. Manning.")
Prisoner's Defence. I am very sorry it has happened so; I had previously paid Mr. Bowick, and it was my intention to pay for this; I had done some work with the same materials, and I was to be paid for my work as soon as I had finished, but the person who employed me went away to Australia, and never paid anybody; I was thrown out of work; I never had any intention to defraud Mr. Bowick, or anybody else; as Mr. Bowick did not come after me, I calculated he would let it be till the spring, as he has done before; I am fifty years old, and never was in a court of justice for defrauding any one.
GUILTY. Aged 50.—Recommended to mercy by the Jury. — Confined Three Months.
NEW COURT.—Monday, January 30th, 1854.
PRESENT—Mr. Ald. COPELAND; Mr. Ald. HUNTER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Fifth Jury.
PLEADED GUILTY . Aged 18.— Confined Six Months.
PLEADED GUILTY . Aged 42.— Confined Four Months.
PLEADED GUILTY . Aged 17.— Confined Six Months.
M. ROBINSON conducted the Prosecution.
GEORGE STREETING . I live at Uxbridge; I work for Mr. Briant, a builder. On Tuesday, 3rd Jan., I left the properly produced, in a cart—I locked the doors of the cart—I know these tools to be my master's; here is an "R." on this drag, and I know this server by a mark on the handle—I suppose they are worth about 7s. 6d.
Cross-examined by MR. LAWRENCE. Q. Where is the mark? A. Here it is, on the drag—it belonged to a man, named Rolfe, a plasterer—my master bought it of the widow—my master was not the first person in possession of them—men do not very often lend their tools—these tools were safe on 3rd Jan.—I did not see them again till the policeman showed them to me.
COURT. Q. What time did you leave them safe in the cart? A. About 5 o'clock in the evening.
WILLIAM BEECHEY (police sergeant, T 29). I reside at Harmondsworth. On Sunday, 15th Jan., I stopped the prisoner, in Harmondsworth parish, with a coat—I asked him where he got it; he said he got it of his master—I took him into custody—I searched his house—I found this drag, and server, and square, in a coal cupboard, in the kitchen—I told the prisoner the next day what I had found, and he said he bought them of a man, but he did not know who he was—I took him into custody on this charge.
SAMUEL BRIANT . I am a builder, at Uxbridge. This drag and server are mine; the square belongs to a man in my employ—I bought the drag of a widow, named Rolfe; the server I bought new—the square I could not swear to—I missed this property on Monday, 9th Jan.
Cross-examined. Q. Is there any mark on them? A. The drag is marked with two "R's," and the server has a mark near the handle—they are building tools—I have had the server about twelve months—I had not seen these things between the 3rd and the 9th.
GUILTY . Aged 37.— Confined Six Months.
MR. SLEIGH conducted the Prosecution.
ROBERT BAKER WATERS . I carry on business as a British wine merchant, at No. 15, Lower Whitecross-street. The prisoners have been in my employ, the man about four years and a half, and the woman about three years and a half—the man had 23s. a week, and the woman 1s. 6d. a gross, for washing bottles—I have several thousand bottles pass through my hands every year—in consequence of missing bottles, I applied to the police—the male prisoner had the key of my bottle warehouse—these bottles are my property—this one I know by a lucifer match being in it—I saw the bottles taken from the woman—after the man was taken, I saw him in the officer's custody; he came in the counting house to me—the officer stated the charge on which he was taken, and told him he was an officer—the man repeatedly asked me to forgive him, and said he would do anything in the world for me—he said to his wife, "It was you that has done it all;" he then said, "She egged me on"—the woman said to me, "What are you going to do with me? you can't transport me; I suppose, if I pay you, it will be all right."
Cross-examined by MR. LAWENCE. Q. The man said to his wife, "I did let you have a few?" A. Yes; but, "You egged me on"—I did not see
these bottles till I saw them taken from the female prisoner; it would be impossible for me to say that I had seen them before—bottles of this kind are made for other persons, as well as me.
DANIEL MAY (City policeman). In consequence of information from the prosecutor, I placed myself on his premises on 16th Jan., about half past 7 o'clock in the evening—when I had been there about a quarter of an hour, I saw the female prisoner leave the bottle warehouse, and walk across to a marine store shop, having something very bulky under her dress—she went into the marine store shop, and returned back to the warehouse—she left the warehouse again, and on her way to the marine store shop I stopped her with a bundle—I told her I was an officer, and she must go back with me to the warehouse of Mr. Waters—she refused to go, saying she was going to take the bottles to get them washed—I compelled her to go beck to the counting house, and took these bottles from her—one or two of them were in her pockets; the principal part were in the front of her person—I placed her by the side of her husband, and told them they were charged with stealing bottles—the man said to the woman, "It is all your fault; I did let you have a few to-night, but you egged me on it"—I told him it was not the first time; they had been continually doing it, and taking them to a marine store shop—I think there was no reply to that—I afterwards took the woman to the marine store shop—I saw the man and woman belonging to the shop—I asked them to produce the bottles which the woman had brought just before—the man pointed to eight bottles which stood on the counter, and said they were brought by a female, but he could not say who—he said they had been left there about half an hour, but they had not been paid for—about half an hour had elapsed between the time of the woman first going to the shop and the time I took her there—I did not see what part of the prosecutor's premises she came from on the first occasion, but on the second occasion she came from the bottle warehouse, and the man was in the bottle warehouse at the time she came out.
RICHARD BIGGS— GUILTY . Aged 38.
RUTH BIGGS— GUILTY . Aged 42.
Confined Twelve Months.
PLEADED GUILTY. Aged 27.—Strongly recommended to mercy by the Prosecutor. — Confined Twelve Months.
(Josiah Wilkinson, Esq., barrister-at-law; the Rev. Charles Coleby Roberts, Master of St. Paul's School; the Rev. Thomas Latimer Neville; and Robert Barnett Bryant, deposed to the prisoners good character.)
PLEADED GUILTY. Aged 30.— Judgment Respited.
PLEADED GUILTY . Aged 21.— Confined Six Months.
PLEADED GUILTY . Aged 18.— Confined Six Months.
OLD COURT.—Tuesday, January 31st, 1854.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. HUNTER; Mr. RECORDER; and Mr. Ald. MUGGERIDGE.
Before Mr. Recorder and the Second Jury.
238. HENRY GATFORD , feloniously forging and uttering a request for the delivery of 8 yards of cloth, and 2 1/2 yards of kersey, with intent to defraud; also, one other request for the delivery of 5 yards of cloth; also, one other request for the delivery of 8 1/2 yards of cloth: to which he
PLEADED GUILTY to Uttering on each Indictment. Aged 24.— Confined Six Months on the first Indictment, and Three Months on each of the other Indictments, to commence at the expiration of the former sentence (Twelve Months altogether.)
MR. RYLAND conducted the Prosecution.
WILLIAM BENN, JUN . I am a lighterman and waterman, of Hampton. On a Wednesday, about a fortnight ago, I missed a piece of copper pipe from my shop; it was worth about 9s. as old copper—I went to Mr. Harriss', a marine store dealer, of Hampton, and asked him if he had bought a piece of pipe—he produced a piece, which I knew to be mine directly he showed it to me—I left it with him, to take care of for me.
Cross-examined by MR. PARRY. Q. Do you identify it by marks of your own? A. There are no marks on it that I know of, but I speak positively to it—my father is not here—I know William Glazier; he is the son of a man who worked for me—I believe he is at Hampton now; I saw him there one day last week—lie is about eighteen years old, I should say.
CHARLES HARRISS . I am a marine store dealer, of Hampton. One Saturday in this month the prisoner came and brought me a piece of copper pipe—I think it was last Saturday fortnight—he was alone—William Benn came a day or two afterwards, and I showed him the pipe I had bought of the prisoner—he claimed it—this is it (produced).
Cross-examined. Q. Do you know the prisoner? A. I know he is the man I bought it of; I know very little of him; he was never in my premises but once before—he has been in the neighbourhood, but I do not know that I ever spoke to him but that once—I gave him 4s. 6d. for it—I could have given more, only there was a good deal of lead and solder round it—I gave a fair price for it—no one else was in the shop at the time—my shop is open to the street, and my name is over the premises—there was no policeman by at the time—I weighed the pipe while the prisoner was there, and paid him the 4s. 6d.
COURT to WILLIAM BENN. Q. Can you tell on what Wednesday you missed the pipe? A. No, but it was in the week after it was sold; I cannot tell when it was taken—it had been on the premises nearly two years—I cannot say whether it had been in the workshop ail that time—I am certain I saw it there five or six days before.
MR. PARRY. Q. Was William Glazier taken up on this charge? A. Yes; he was discharged—I have known the prisoner twelve months—he is a labouring man—he has lived during that time at Hampton.
CHARLES CHURCHILL (policeman). In consequence of information I received, I went to Harriss's marine store shop, and saw this piece of copper pipe—in consequence of what passed between him and me, I apprehended
the prisoner, on Thursday, the 19th—he asked me what I was going to take him for, and I told him for a piece of copper he had sold to Harriss—he told me he had received it from William Glazier, to sell for him—I sent for Glazier—he came to Mr. Benn's shop, and I took him into custody—he was in Mr. Benn's employment at that time—the prisoner said he received the pipe from Glazier on Saturday afternoon, to sell, and he had received 18d. from Glazier for selling it—Glazier denied all knowledge of it, or of having seen it—I took them both to the station, and Glazier was discharged by the Magistrate, there being no evidence against him.
Cross-examined. Q. How long have you known the prisoner as living and working in Hampton? A. Above a twelvemonth; he said at once that Glazier gave it to him to sell—Glazier is not here—when they were both together, the prisoner said he had received it from Glazier, and sold it for 4s. 6d., and received 18d. for selling it—I think he said before the Bench that he asked Glazier whether it was his, and he said it was all right—Glazier is a labouring man, taking out coals, and doing odd jobs about the premises—he is a great deal out of work at times.
(The prisoner's statement before the Magistrate was here read, as follows: "On Saturday, 14th Jan., about 4 o'clock in the afternoon, I was crossing the road towards my home, and was called by Glazier; he asked me if I would go and sell this piece of copper for him; I asked him if it was his own, and he said, 'Yes;' I took it to Mr. Harriss's shop, and he gave me 4s. 6d. for it; he asked me if it was right; I said, 'Yes,' and took the money back to Glazier, and he gave me 18d.; I walked up the lane with him as far as he went, and I saw no more of him, but was taken into custody. James Hannan.")
COURT to WILLIAM BENN. Q. Had the prisoner any business about your premises? A. No; the premises are locked up at night, but they are on the water's edge, and anybody can get into the shop from the water at night, with a boat, without breaking into it—I have never seen him about the premises, but I hear that he came there after a bushel of coke on the Saturday afternoon.
MR. PAY. Q. Have you ever seen this piece of copper in Glazier's hands? A. No, but he was about the shop, and had an opportunity of seeing it—I do not keep the coals in the shop, but in a little place by the side of it—my father is not here.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
THOMAS TATUM . I am a dealer in building materials, and reside in St. George's-road, Southwark; my place of business is in Park-place, Walworth. On Monday, 2nd Jan., I went to Meeting-house Yard, Houndsditch—I had bought some houses there to pull down—I bought them of Mr. Freeman, of Montague-street, Russell-square—I went there first about half past 7 o'clock in the morning—I had eight or ten of my men with me—I did not see the prisoner there then—I saw him about half past 12 o'clock, when the row was—I saw a brother of the prisoner there in the morning, the first thing—at half pest 7 o'clock we took off a few tiles—I left the job then—I did not mean to pull the houses down—I saw there was likely to be a breach of the peace, so I left off, and would not go on with it—I went away, and several of my men also—I left some of the men in charge of the premises that had been pulled down—there was a threat of disturbance in the
morning; the prisoner's brothers threatened there would be—when I went back, at half past 12 o'clock, I took Sullivan and his two brothers, and two men named Williams and Burns—Mr. Harwood was with me—I took Tom Sullivan down to look at the job, to see what he would pull down the three houses for—he usually works for me by the job—I left the five men outside while I went into the buildings, the houses we had partly pulled down, and when I came out again, I saw the wall surrounded by a mob of people, fighting—I should think there were 150 people there at the first commencement, but before it was finished I should think there were 600—my men were completely wedged up; they could not move—the people were striking them in all directions—there were women with brickbats, and pokers, and tongs, and shutter bars, shovels, and all manner of things—I saw the prisoner there—I saw him strike John Sullivan on the head, but what it was with I could not say—he was about ten yards from me—he came from the corner house; a woman gave him something, I could not see what it was; I fancied it was a bit of gas pipe, but I could not swear positively whether it was a gas pipe or a poker; we were all in such a hurry at the time—he struck John Sullivan on the head, and Sullivan dropped just as if he was dead—I was getting out of the mob in the best way I could—I had a shovel—several of them cut at me—one woman cut at me with a poker; I warded it off with the shovel in the best way I could—I got out of the crowd as soon as I could, and went after the police—I went round, and came to Houndsditch again, and saw Tom and John Sullivan—John was bleeding dreadfully—the blood came from the top of his head, and Tom was holding him up, and he was just as if he was fainting—that was about eight or ten minutes after the blow had been given—I believe he was taken to the hospital, I went to the station house—neither I nor my men had given any provocation before we were attacked in this way—they were standing with their hands in their pockets, quite unprepared—they did not anticipate such a thing—I have a written authority from Mr. Freeman (producing it)—I did not go back to the premises again—I found two of my men at the station, charged by some of the Jews for assaulting the Jews, and both of them were streaming with blood—one of them, Burns, had his skull fractured, and five of his ribs broken—there were fourteen or fifteen of my men there altogether—before the job was finished, I think I should not exaggerate if I said there were 1,000 people there.
Cross-examined by MR. BALLANTINE. Q. What house was it that you went to first? A. The first house I went to was No. 3, I think—that was the first thing in the morning—it was occupied by tenants—they had had notice to quit—there were tenants to each house—I do not know how many—I went about 7 o'clock in the morning to un roof the houses where the tenants were—it is not the first time we have done it—we do not study their comfort much—snow does not interfere with our work—we do not do it without a notice—I am a building material dealer—I buy houses to pull down, and keep the materials.
Q. You are employed, are you not, to get tenants out of a house, just as ferrets are used to get rats out of a haystack? A. No; we find they will not go out till they are almost driven out—there were tenants at the other houses—Samuel Jacobs was not one of them—I did not see him at No. 4, or at No. 3—he hallooed out of the window, "If you attempt to pull these houses down, something serious will happen;" and on that I had my men taken off—I gave the prisoner's brother in charge for using language liable to create a breach of the peace—that charge was dismissed, and I believe he
went back to his lodging—I returned back to the place at 12 o'clock, with five more men—I was not determined to get in; they were men that frequently did my work, and we came to see what they would do the job for—there were a great many people there at that time—I purchased these materials of Mr. Freeman; he is the surveyor to the estate—I have often purchased of him before—I did not give myself any concern as to the title—Mr. Freeman is a perfect gentleman; I was satisfied he would do what was right, and I made no further inquiry.
MR. ROBINSON. Q. Do you know the names of the tenants? A. Yes; I saw some of them that day—the prisoner was not a tenant, nor his brother.
CHARLES FREEMAN . I am a surveyor, and am surveyor to this estate in Meeting-house Yard. I cannot tell the names of the freeholders; I was employed by the solicitor to the freehold, Mr. Hastie, of Gray's Inn-square—I had never been employed before this, except upon three houses, which were pulled down shortly before these—I did not give notice to the tenants of these houses to quit—I gave Mr. Tatum this authority—I negociated with him to pull down the houses and purchase the materials.
JOSEPH WILLIAMS I have been working for Mr. Tatum, on and off, for some time. On Monday, 2nd Jan., about half past 12 o'clock, I went with him to Meeting-house Yard—we did not go inside the houses—there were a goodish many people there, outside—I was inside the hoard when the row began—there was a hoard round the buildings that had been pulled down—when I came outside the hoard, I saw the people all quarrelling and fighting with me and my mates—I did not see the prisoner there at the first beginning—I saw him afterwards at the corner of the street, when they were all fighting; I saw him hit Thomas Sullivan on the head, and then he hit John Sullivan on the head with a poker, and he said, "There is one for you, you b——;" it was a very heavy blow that he gave John, and it knocked him senseless—he went to the hospital with another young man.
Cross-examined. Q. Had you any weapon? A. No; nor had Tatum, or any of our men, that I am aware of—I do not know that one of our men was taken with a life-preserver—I heard of it at the Mansion-house—he was taken to the Mansion-house—I do not know that he was charged there by the prisoner with using a life-preserver—I swear that the prisoner had a poker in his hand.
JOHN HARWOOD . I am employed by Mr. Tatum. I went with him to the premises in Meeting-house Yard, about 12 o'clock on this Monday—there was a piece of work there—I saw the prisoner there, and saw him inflict several blows with a poker, but in the mob I could not see who he hit, except Thomas Sullivan—I did not see him strike John Sullivan—I had no weapon with me.
Cross-examined. Q. Did you see any of your people with weapons? A. Not one—I do not know the tenants of these premises.
COURT. Q. Had you anything in your hand? A. No; no spade, or anything whatever—after I saw the prisoner strike the blow I followed him to the station—none of our men had spades, or anything of the kind, at the time the piece of work was.
JOHN SULLIVAN . On 2nd Jan., I went to the houses in Meeting-house Yard with Mr. Tatum and three or four more, about 12 o'clock—we stood in front of the houses looking at them, to see what the job was worth; while We were there, a noise came to the door, what it was I could not say, and some bricks came towards my legs; a woman came out with a broom
handle, and a man came out stripped to fight; a mob came round us, and Mr. Tatum said, "You had better go for a policeman, to see whether we are right or wrong, and know what we are to do"—while he was gone a fight commenced in Meeting-house Yard, and I got hit on the head with a poker, and knocked down; who did it I cannot say—I did not see the prisoner there, to my remembrance—I went to the hospital and got my head strapped up; it bled—when I got up, I met a man I knew, and he took me to the hospital—I only remained there while it was dressed; it might be half an hour—I went to the hospital every second day for a fortnight, to get it dressed; it got well then, and I have never felt any effects of it since—I beg for mercy for the prisoner, as I never saw him there.
Cross-examined. Q. You do not know that he did it? A. No; I never saw him there—I went there with Mr. Tatum, as we were going to be employed to pull the houses down, providing we came to terms to take them of Mr. Tatum; we thought what they were worth, and we knew we were right, but we would not begin any houses before we saw the policeman, and saw the paper that Mr. Tatum had in his pocket—we did not go inside the houses, the tenants did not seem to wish us to do so.
MR. BALLANTINE, in addressing the Jury for the prisoner, contended that as the persons engaged by Tatum had proved no legal authority to enter the houses in question, they had committed a trespass in making the attempt, which the occupiers were justified in resisting; and that the act done by the prisoner was, under the circumstances, not an unlawful one. The RECORDER, in summing up, said that the law allowed every latitude to persons in defending their persons or property, and they might use all necessary violence to eject those who, without right, invaded their houses; still it must be only such violence as should be necessary for that purpose; the question was, whether there was anything in the present case which justified the act imputed to the prisoner.
GUILTY . Aged 30.— Confined Two Months.
(The prisoner, being a foreigner, had the evidence interpreted to him.)
ABRAHAM DAVIDSON . I am a tailor and outfitter. On 17th Jan. the prisoner came to me with this order, saying the captain had written it, to get some clothes for himself and another man—it is written in Swedish; I can translate it—(reads—"Tailor Davidson, let the bearer, A. Holmquist, have necessary clothing, such as shirts, trowsers, drawers, and stockings, not exceeding 2l. 10s. sterling, and leave the account at Messrs. Alsaner's office, where you may meet me to-morrow, at 11 in the morning. Dated, Commercial Dock, 17th Jan., 1854. Captain C. Wilen, ship Atlas. Also let John Negot have a pair of trowsers, a woollen shirt, and pair of drawers")—I do not know whose handwriting it is—I wrote here, in Swedish, "Clothes to the amount of 2l. 2s.," and the prisoner signed his name to it—the second man received 19s. worth of clothes—he could not write his name, and the prisoner signed it for him, and wrote his own name under—I gave the prisoner two double back blue shirts, one red shirt, three cotton shirts, three pairs of stockings, of pair of mole trowsers, one cravat, and one pair of drawers—the second man had a pair of trowsers—they each had a bundle—they came together—I have since seen the things at the station house.
The prisoner was one of my seamen—I did not give him this order; it is not my writing—I never gave him authority to write it—it is not like my writing, there is a great deal of difference—I can almost swear it is the prisoner's own writing—I can swear it is his writing—I have seen him write.
Prisoner. The captain owes me my wages. Witness. It is very little that is coming to him—I cannot say exactly what is due to him—I had some expenses for him at Gottenberg, because he was put into prison there—that was not because he wanted to go home—he never wanted to go home-—he was ashore several days.
JOSEPH CROUCHER . I am assistant to Mr. Child, a pawnbroker, in High-street, Shadwell. I produce five shirts, two pairs of drawers, a pair of moleskin trowsers, two pairs of stockings, two fronts, a cravat, and some handkerchiefs—they were pledged at my house, by the prisoner, on 18th Jan.—the name on the duplicate is John Buske—there was another person with him at the time he pawned them—the prisoner produced the things.
JOSEPH SHAIN (Thames police inspector). I took the prisoner into custody on the morning of 23rd Jan., on board a Dutch schooner in the London Docks—I told him he was charged with getting some clothes on a false order—he said he had not written any letter, nor had any clothes.
Prisoner's Defence. I have not done it; the other man who was with me in the ship has gone away in an American ship.
GUILTY . Aged 22.— Confined Three Months.
BARTHOLOMEW DOWLING . I am a sailor belonging to the Merlin schooner, which was lying off Nicholson's-wharf, London-bridge—I am an Irishman—the prisoner was a common seaman on board that vessel—we were both discharged last Tuesday, and left the ship together about 12 o'clock—I then went to be paid off, and as soon as I had got my money I was shipped again by the captain—he told me to go on board—the prisoner was not shipped again—I went to the Britannia Circus, to see a show—I got on board the ship by 11 o'clock at night—I had my money in my pocket at the Britannia—I went there alone—I had parted with the prisoner about 4 o'clock—when I got on board, I cast off my clothes, and counted my money—I had 3l. 14s. 6d., in a little pocket book which I put into my chest before I went to bed—I was sober—I think the prisoner saw me count my money—he was on board before me—he came on board to sleep, although he was not shipped again—we both slept in the forecastle—I slept on a bed that had been the prisoner's, and when I went to sleep he was walking about the forecastle—the captain called me about 7 o'clock in the morning, the prisoner was not there then—I missed my monkey jacket, silk handkerchief, and cap, which I had put on my chest the night before, and my pocket book, containing 3l. 14s. 6d.—I went with Thomas Anderson, another sailor, who has gone to sea, and inquired after the prisoner—we found him in Charles-court, Wellclose-square—he had on my jacket, cap, and silk handkerchief, and I saw my comforter, which I had not missed before, among his old clothes—the policeman has got 2l. of the money—I am sure I was sober.
Prisoner. Q. Were you sober when you came on board at 11 o'clock? A. Yes—you were there when I counted my money, and could see and hear me counting it—I heard you talking about a pipe.
CHALES JAMES CHILDS (policeman, H 193). I took the prisoner about half past 9 o'clock on Wednesday morning, Jan. 25th, at Charles-street, Wellclose-square, where some acquaintance of his lives—he was outside, in the court—he had on the jacket, waistcoat, and handkerchief—he said he had only put them on to have a roll in—he said, going to the station, that he took the purse, which he found lying on the chest, to take care of it, and that there was only 2l. 7s. in it, which he would give him, all but 7s., which he had spent, and that the man of the house had got the 2l. and the purse—he begged the prosecutor not to charge him—I took him to the Leman-street station, then went back to the house, and inquired for the purse—the woman said she knew nothing about it, and sent a lad to the docks, to her husband—the lad brought back the purse and 2l.—I found this shilling (produced) in the pocket of the jacket which the prisoner had on—he was not sober, he had been drinking very freely.
Prisoner. I was as sober as I am now. Witness. You were locked up at the Seething-lane station the same morning, for being drunk and incapable—I took your clothes off at the station, and left you with nothing but your shirt on—I saw some old clothes at the house when the prosecutor picked out the comforter—I did not examine them, and did not pick them up—I left them there.
Prisoner's Defence. We had a glass of grog together; I went down below, and could not sleep; I turned out again; I took the jacket, and put it on; I then saw his purse, and said, "What do you leave the money there for?" and put it into my pocket; a policeman met me, and asked me to give him some drink; I drank a glass of grog, and got tipsy again; two men met me, took me to the station-house, and I gave up the 2l. 7s.; the men there asked me to stand a drop of brandy; I did so, and spent 1s.; I afterwards gave the purse to the man of the house, with 2l. 1s. in it; I was coming on board after breakfast to my shipmate, with the jacket, handkerchief, and money; and on going on board, I met him, and he asked me about it, and went and got a policeman; he has got 2l. 1s. out of 2l. 7s.; I had no intention of stealing it.
BARTHOLOMEW DOWNING re-examined. I had a glass of grog with the prisoner that night—on the afternoon before he was drunk, and as I was sober I did not like to keep his company, and left him at 4 o'clock—the way I found him was by inquiring at the corner house for the chap that was drunk yesterday, and they told me they knew nothing about him, and then I saw him inside the door of the house he was taken in—we had been on board together above a month and twelve days, and had never had any words.
NOT GUILTY, the Jury believing it to have been done in a drunken frolic.
NEW COURT.—Tuesday, January 31st, 1854.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. HUNTER; Mr. Ald. MUGGEIDGE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
tell what was said—it was about half-past 1 o'clock in the day—I turned, and saw the prisoner with his fist up, I supposed to strike me—I put up my arm; he struck me, and I found he had stabbed my wrist—there were other persons passing to and fro—I knew the prisoner; I have bought fruit of him—I never had any quarrel with him—I went to the hospital, and had my wrist dressed.
Prisoner. Q. Have you not knocked me about, and called me everything but a gentleman, and sent me to the hospital? A. No.
JAMES LAWRENCE . I am a salesman, in Newgate-market. I was standing at my door that day; I saw the prisoner take this knife from his own board, and he ran after the prosecutor, and struck at him with it; I ran after him, took him by the collar, and took the knife from his hand—I saw blood come from the prosecutor's wrist—the prisoner was taken into custody.
Prisoner. The prosecutor sent me to the hospital, and has grievously insulted me, and treated me in an improper manner.
GUILTY of unlawfully wounding. Aged 65.— Confined Four Months.
SMITH pleaded GUILTY . Aged 22.
WILDER pleaded GUILTY . Aged 28.
Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
LOUISA CANNON . I am barmaid at the College Arms, in St. Pancras-road. On 28th Dec. the prisoner came in the afternoon for half a quartern of brandy, it came to 5d.—he gave me a crown piece; I gave him 4s. 7d. change, and he went away—I took the crown piece to my mistress; she said she thought it was bad, and she gave it me again—it was not out of my sight—I put it on a shelf, separate from other money—in about an hour Mr. Groom came in, and I gave him the same crown—this was on Wednesday—on the Saturday afterwards the prisoner came again, and asked for half a quartern of brandy, I served him; he gave me another crown piece; I looked, and saw it was a bad one—I went into the parlour, to my mistress, and gave it her—she came into the bar, a policeman was sent for, and the prisoner was given into custody—I gave the last crown to my mistress—when the prisoner came on the Saturday, I knew him directly.
Prisoner. Q. You say I was in your shop on the 28th; what can you swear to me by? A. By your features, I could not swear to your dress—there is nothing particular in your features—you called for half a quartern of brandy.
MR. BODKIN. Q. Looking at the prisoner now, have you any doubt that he is the person who came on both occasions? A. I am sure he is.
GEORGE GROOM . I am the owner of the College Arms. The last witness is my barmaid—I went in my bar on 28th Dec, and saw a crown on the shelf—I took it and marked it, and put it in my pocket—I told the barmaid to be very careful—I had no other crown in my pocket but that—I kept it in my pocket till the following Monday, when I gave it to the officer
—I am sure what I gave him was the one that the witness showed me—on the following Saturday I was called down—I got a crown from my wife—I saw the prisoner there; I detained him, and sent for an officer—I gave the two crowns to the officer.
MAY ANN GROOM . I am the wife of the last witness. On 28th Dec., the barmaid showed me a crown; I gave it back to her—on the 31st I received another crown from her—I gave it to my husband—it was the same I got from the barmaid.
NEWCOMBE GINN (policeman, S 248). I was sent for to Mr. Groom's on the 31st—the prisoner was there, and was given into my custody—he was charged with passing a bad 5s. piece—he said he was not aware it was bad—Mr. Groom said he had passed one there on the 28th; the prisoner said he had not been there on the 28th—I produce the two 5s. pieces which I received from Mr. Groom, one on the Saturday and one on the Monday.
Prisoner's Defence. I do not know whether the witness is here that I was with on the 28th, Francis Levett.
GUILTY . Aged 22.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
PISCILLA ELIZABETH BARLETT . My uncle and aunt keep the Legs public house, at Uxbridge. On 7th Jan. the prisoners came there and slept there, and breakfasted the next morning—their breakfasts came to 8d.; they had paid for their beds—while I was clearing away the breakfast things, I told them they had not paid for their breakfast, and Simpson tendered me a shilling—I did not notice that it was a counterfeit, but I took it to Mr. Arthur, my uncle, to get change, and he gave it me back, and I marked it—it was not out of my sight till he returned it to me—he sent for the policeman—the prisoners were in the taproom—I went in the taproom, and Simpson asked me for the change, as they wanted to go—this is the shilling; it has my mark on it.
Cross-examined by MR. SLEIGH. Q. They paid over-night for their bed? A. Yes; they had a bed for 4d. each, and a breakfast for 4d. each—it was Simpson gave me the shilling the next morning, and I took it to Mr. Arthur—there were other travellers in the room where the prisoners were—the other travellers found their own breakfasts—if travellers pay for sleeping there, we allow them the accommodation of our room to sit in for nothing—I had not taken any other money that morning, nor had Mr. Arthur, to my knowledge—he was sitting in the kitchen when I gave him the shilling—he told me it was bad the moment he saw it—he handed it to me—I marked it, and gave it back to Mr. Arthur immediately.
JOHN ARTHUR . I keep the Legs, at Uxbridge. I remember the last witness coming to me with a shilling when I was in the kitchen—I looked at it—it was bad—my wife examined it, and we went in the bar and proved it to be a bad one, and called in a policeman—my niece put a mark on it—I took possession of it, and gave it to the policeman—this is the shilling (looking at it)—when the policeman came he took White, and gave me a charge to escort Simpson—as we were going along White dropped a purse into a gutter—I heard it drop, and saw the policeman pick it up, and he said "I expected to see that."
Cross-examined. Q. Had you been paid any money that morning by any
other customers? A. Not one farthing—I have a box, in which I am in the habit of putting my money; that box had a sixpence or two in it the night before—I believe there was a sixpence and some halfpence; I do not believe there was a shilling in it—I would not swear it—I did not take another shilling from that box and compare it with the shilling that my niece brought, but my wife or my niece did compare it with another—they rang the good one and the bad one—I have not brought that other shilling here.
MR. BODKIN. Q. Are you sure that the shilling that is here is the one that your niece brought to you? A. Yes, here is the mark on it, which was made in my presence; it is a cross on it—I am sure my niece put a cross on the counterfeit shilling, which she brought in herself, and not on the shilling that was in the box—this is the one she brought in—when I first saw it I considered it was bad—it was given into my hand, and into my wife's hand, and given back to my niece, and she put a mark on it—the shilling that was in the box was put back—I am sure that my niece marked the same shilling that she brought in.
COURT. Q. At what time did your niece mark this shilling; was it before or after she and your wife had tried it with another? A. Before she tried it with another.
CHARLES PEACHEY (police sergeant, T 44). On 12th Jan. the prisoners were given into my custody—I took White in custody—as he was going out at the door I stopped him, and asked whether he had any bad money about him—he took four good sixpences, and one shilling, and one counterfeit half crown out of his pocket, and said that was all he had—they were all wrapped in paper—I was going with him to the station, and I saw him take his hand out of his right hand pocket and take out this purse, and drop it—I took it, and found in it eleven counterfeit shillings and two counterfeit half crowns—I received this shilling from Mr. Arthur—Simpson had no coin at all about him.
Cross-examined. Q. I believe neither of them made any attempt to escape? A. No—White said he had changed a sovereign in Farringdon-market, and had taken the counterfeit money, and he did not know it was counterfeit till he was taken—he said the man who had changed the sovereign was a stranger—he should know him again.
MR. BODKIN. Q. Did you ask him if he had any more money than what he produced in the house? A. Yes, and he said "No."
WILLIAM WEBSTER . This shilling that was uttered is bad—these half crowns are all bad, and two of them are from one mould—this one in the paper is bad, and that and one of the others are from the same mould—these shillings are bad—two of them are from the same mould as that uttered by Simpson—the other nine are from one other mould.
(The prisoners received good characters.)
SIMPSON— NOT GUILTY .
WHITE— GUILTY . Aged 46.— Confined Twelve Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
SARAH TOE . I keep a corn chandler's shop in Marsham-street, Westminster. On 22nd Dec. the prisoner came, and I served her half a quartern of flour—it came to 3 1/4 d.—she threw down a 5s.-piece—I gave her change, and she left—she made all the haste she could—when she was gone I found the crown piece was bad—I carried it in the parlour to my brother—he said
it was not worth a halfpenny—I went out after the prisoner, but I could not see her—I put the crown piece on the mantel shelf in the parlour—I gave it to the policeman on Saturday, 24th Dec.
Prisoner. I never saw her in my life. Witness. I am quite sure she is the person.
JOHN TOE . I was in the parlour on 22nd Dec My sister came to me with the crown—I looked at it, and said it was not worth anything—it was very bad—I put it on the shelf—it was afterwards given to the constable.
SAAH ANN MATTHEWMAN . My husband is a tobacconist, in Vine-street. On 29th Dec. the prisoner came to the shop for half an ounce of tobacco—I served her—she gave me a shilling—I gave her change, and put the shilling in a corner of a box in the till—I did not see it again till the afternoon—I then found it in the part where I had put it—I gave it to the collector, who came in the afternoon—I gave him 9s., and he gave me this one back—I am quite sure it was the same that the prisoner gave me—on the next day the prisoner came again for half an ounce of tobacco—she then gave me a shilling; I took it and bent it—I said, "This is the second time you have passed bad money to me"—she said she had not been in the shop before; and then she said her son gave her that one—I sent for a policeman, and while the person was gone the prisoner said her brother was outside, and she ran out—I had bent the shilling and put it on the counter, and my mother took it up and ran after the prisoner, but she was gone—I had taken the first bad shilling out of the box when the prisoner came the second time, and they were both on the counter—my mother snatched them both up and ran out.
SUSANNAH PHILLIPS . I am the mother of the last witness. On Friday, 30th Dec., I was in the shop when the prisoner gave my daughter a bad shilling—she told her that was the second bad shilling she had offered to change there—the prisoner said she had never been in the shop before—my daughter sent for a policeman—the prisoner then ran away, and I followed her with the two shillings in my hand—I gave them to the policeman.
GEORGE FINNIS (policeman, B 174). I took the prisoner in Smith-square, about 100 yards from Mr. Matthewman's shop, on 30th Dec—I received these two shillings from the last witness, and this crown piece from Mr. Toe.
Prisoner's Defence. I gave the woman the shilling on the Friday; I did not know it was bad; I know nothing of the other, or the 5s.-piece; I never saw that woman till she came to the station house.
GUILTY . Aged 45.— Confined Twelve Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
MAY MORLEY . My husband keeps a tobacconist's shop, in Old-street. On Tuesday evening, 10th Jan., I was in the shop—the prisoner came between 6 and 7 o'clock—I served her with half an ounce of tobacco—she offered me a shilling; I took it into my hand, and said I believed it was bad, and I believed she knew it, and should give her in charge—I sent for a constable, gave her in charge, and gave the shilling to the constable.
ARTHUR ELLIOTT (policeman, G 104). The prisoner was given into my custody on the evening of 10th Jan., for offering a counterfeit shilling—she said she did not know it was bad—I received this shilling from the last witness—the prisoner gave the name of Ann Haynes—she was taken before the Magistrate, and discharged.
ANN TUVEY . I keep a tobacconist's shop, in St. Luke's. On Saturday, 21st Jan., the prisoner came, about half-past 9 o'clock in the evening, for half an ounce of tobacco—it came to 1 1/2 d.—she offered mo in payment a shilling—I tried it with the detector, and found it bad—I told her so; she said she did not know it was bad—she gave me another, which she said was good—I found that was bad—she said she did not know it, and she got it for her work—I sent for an officer, and gave her into custody—I gave the two shillings to the officer.
Prisoner's Defence. I took the first in change, and the second too; I am quite innocent of knowing they were bad.
GUILTY . Aged 22.— Confined Twelve Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
EDMUND SPINKS (police sergeant, T 34). On the evening of 12th Jan., in consequence of information, I followed the prisoners on the high road to Harlington—they were both together—I saw them together about five minutes—I saw the woman leave the man, and she went into Mr. Cook's, a grocer's shop—the man walked on—I went and took him into custody—I searched him, and found on him a florin—I went to the shop door, I got there just as the woman was coming out—I took her back into the shop, and asked what she had bought, and what money she had tendered—Mrs. Cook said, "A 2s.-piece, and here it is"—it was given to me directly—this is it—I took both the prisoners to the station—the female prisoner was searched by Mrs. Cook, who found 1s. 10d. on her.
ANN COOK . I keep a grocer's shop, at Harmondsworth. On the evening of 12th Jan. the female prisoner came to my shop—I served her with half an ounce of tobacco—she gave me a 2s.-piece—I gave her in change a shilling, a sixpence, and 4 1/2 d. in copper—she then left; but she was no sooner out than she was brought back by the policeman—he asked what she had bought; I said half an ounce of tobacco, and had given a 2s.-piece—he looked at it, and said it was bad—I am sure I gave him the same I had from the woman—I had put it into the till, but there was no more silver there—I marked it, and gave it to the policeman.
WILLIAM PAKEMAN . On 12th Jan., between 5 and 6 o'clock in the evening, the female prisoner came to my shop for half an ounce of tobacco, she paid me a 2s.-piece—I gave her 1s. 6d. in silver, and 4 1/2 d. copper—after she was gone I found the 2s.-piece was bad—I followed, and overtook her with the male prisoner—I told her it was bad; she said she knew nothing about it, I must ask her husband—the man said he knew nothing about it; I made him take it back, and give me my change—before I returned it, I bit it and bent it—this is it.
RICHARD ROBINSON . I keep the Castle public house, at Smallberry-green, about five miles from Harlington. On 12th Jan. the female prisoner came to my house about a quarter past 4 o'clock—I served her with half a quartern of gin, she threw down a shilling—I gave her a sixpence, and 3 1/2 d. change—I took up the shilling, and held it while I served another customer; I then looked at the shilling, and found it was bad, put it between my teeth, and bit it—I left my nephew and his sister in charge,
and I went after the woman—I overtook her about 300 yards off—I saw the male prisoner on ahead, ten or twelve yards—I said to the woman, "You gave me a bad shilling"—she said, "Did I? are you sure of that?" I said, "I am"—she said, "Let me look at it"—I gave it her back—she said, "Can you swear to this?"—I said "I can, on my oath"—she said she was very sorry, she did not know it was bad; and she gave me a good shilling, and said, "See if that is a good one; I am sorry to give you the trouble"—she then went away—I saw her the same night, when the policeman brought her—I am sure she is the same woman, and the male prisoner was the man I saw.
MARY ANN JONES— GUILTY . Aged 34.
THOMAS JONES— GUILTY . Aged 34.
Confined Eight Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
EMMA ASHBY WEST . My husband keeps the Grapes Tavern, near Golden-square. On 27th Dec. I was in the bar, about 7 o'clock—the prisoner came in, and I served her 1d. worth of gin—she gave me a shilling—I examined it, and bent it in the detector—I found it was bad—I called my husband out of the parlour, and gave it him—it was not out of my sight—my husband gave it back to me—a constable was sent for, and the prisoner was given into custody—I gave the shilling to the constable.
CHARLES HARDY (policeman, C 128). The prisoner was given in custody to me at the Grapes Tavern, Little Windmill-street, for uttering this counterfeit shilling—she was taken before the Magistrate—she gave the name of Harriet Copeland—she refused to give her address—she was discharged by the Magistrate.
ELIZABETH SEDGWICK . I am the wife of Richard Sedgwick, in Panton-street. On 11th Jan. the prisoner came to our house, about half-past 9 o'clock in the evening, for 1 1/2 d. worth of gin—I served her—she laid a shilling down on the counter—I saw it was bad—I took it up—my husband took it out of my hand.
Prisoner. Your husband was not there when I gave you the shilling.
Witness. He was at my elbow.
COURT. Q. Was it the same shilling, whether he was there or not? A. Yes.
RICHAD SEDGWICK . I saw the prisoner pass a bad shilling to my wife—I asked her what she had got there, and took the shilling out of her hand—I bent it a little—I asked the prisoner where she got it—she said she was an unfortunate young woman, and a man she did not know had given it her—I asked her where she lived—she said in London, but that was her business—I said, "It is my business to know something of you"—I was taking her to the station; I met an officer, and gave her in his custody—I marked the shilling, and gave it to him.
Prisoner's Defence. I was not aware they were bad; a gentleman gave them to me.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JAMES HANNIBAL . I live in Southgate-road, Islington, and keep a beer shop. On 24th Jan. the prisoner came and asked for a glass of porter—I served him, and he asked the price of a bottle of stout—I said we had some at 4d., some 3 1/2 d., and some 2 1/2 d.; he said he would have a bottle at 3 1/2 d.; he pulled out some halfpence and a 5s.-piece—he said, "I have not got halfpence enough, you must change this 5s.-piece"—I saw it was bad, and said so—while I was pulling my apron off, he ran away—it was about 20 minutes past 8 o'clock in the evening.
Prisoner. Q. Did you not hear me say I took it? A. You said you took it for a good one.
WILLIAM WALTON . I keep an oil shop, in Elizabeth-place, Ball's-pond, which is adjoining the Southgate-road. The prisoner came to me about ten minutes before 9 o'clock, and asked for a pound of candles—he tendered me a 5s.-piece—I said, "This is bad"—he said, "No, it is not"—I said to him, "You don't go till you tell me where you live"—he said, "In Hoxton, by the public house"—I sent for an officer, and gave him in charge—he said he took the 5s.-piece in change for a sovereign, at London-bridge, of a man in the street.
CHARLES EVANS (Policeman, N 337). I took the prisoner in charge at Mr. Walton's, on 24th Jan., and received this counterfeit 5s.-piece—I received this other counterfeit 5s.-piece from Mr. Hannibal the same evening—the prisoner said, when I took him, that he took the 5s.-piece at London-bridge, in change for a sovereign—he said he lived in Hoxton, by a public house, but he could not recollect the name.
Prisoner's Defence. I came to London to see my brother; I took these in change of a man in the street.
GUILTY . Aged 28.— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
HARRIET RAPER . I am barmaid at the Edinborough Castle, in the Strand. On Monday night, 23rd Jan., the prisoner came about half past 9 o'clock—he brought a small bottle with him, and asked for 2d.-worth of gin—I served him, and he offered me half a crown—I saw it was bad—he said he got it from a tobacconist's in Drury-lane.
RICHARD BUDD . I keep the Edinborough Castle. I was in the bar on 23rd Jan.—the last witness gave me a half crown—it was bad—I asked the prisoner where he got it—he said at a tobacconist's in Drury-lane, in change for a 5s.-piece—I said I would go with him to the shop—I went to Drury-lane, but he could not identify the shop—I took him to Bow-street, and gave him into custody—as we went along he said, "I admit that it is a bad half crown," and he said his brother gave it him, who was outside the door—I gave the half crown to the policeman.
GEORGE CURTIS (policeman, F 106). I was in the station when the prisoner was brought—I received this half crown from Mr. Budd—I searched the prisoner, and found on him a counterfeit 5s.-piece and 7 1/2 d. in coppers—he said he had been lodging at different places, and he lodged last at Clark's
coffee-house, in Drury-lane—I went there, and they knew nothing about him—he then said he lived in St. Ann's-court, and his father lived there—he said he had been working with a young man named Alfred, who gave him this bad money to pass.
Prisoner. No, I did not say to pass; I said he gave it me.
GUILTY . Aged 17.— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
RICHARD SHILLITO . I keep a public-house on Finsbury-pavement. On 13th Jan. the prisoner came for a pint of porter—he gave me a shilling—I gave him 10d. change, and he went away—I put the shilling on a sideboard behind the counter, and directly he was gone I found it was bad—this was on a Friday, and on Tuesday following he came again, about half past 4 o'clock in the afternoon, for a pint of porter—my son served him in my presence—he gave me a shilling, I bit it in two—I asked the prisoner how many more he had got like that—he said, "No more"—I told him of the former one—he said he knew nothing about it—I gave him into custody.
Prisoner's Defence. I never had a shilling in my possession; two men took me in, I had not a farthing.
GUILTY . Aged 32.— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
ELENANOR MASON . I am a widow, and keep a shop in Compton-street, Soho. On the evening of 27th Dec. the prisoner came for 1 1/2 d.-worth of tea and a 1/2 d.-worth of butter—she put down a sixpence—I asked her if she was aware it was bad—she said, "No"—I was going to try it, and she begged me not to do so, as she took it round the corner, and she would take it to where she took it—I returned it her—she gave me a good sixpence, and she went away—I am sure the one she first offered was bad—on Friday, 30th Dec., the prisoner came again—I served her, and she gave me a sixpence—while I was serving her a young man came in—I served him with an article, and he gave me a 4d.-piece—I handed that to the prisoner, and put the sixpence in the drawer—the prisoner went out—directly she was gone I found the six-pence was bad—I kept it by itself till I gave it to the policeman—the prisoner came again on 2nd Jan. for some articles, which came to 1 3/4 d.—she put down a sixpence—I tried it, and bent it, and found it was bad—I said, "It is very cruel to serve me so, to attempt to pass bad money on me"—I said that was the third time she had done so—she went down on her knees, begged me to forgive her, and said she would never do it any more—I sent for a policeman, and gave her into custody, with the two sixpences.
JOHN PEACOCK (policeman, C 170). On Monday, 2nd Jan., I took the prisoner at the last witness's shop for passing two bad sixpences—these are them—the prisoner said she took them in the street, and did not know they were bad.
GUILTY . Aged 17.— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
THOMAS GIFFARD . I keep the Queen's Arms, in Oxford-street. On the afternoon of 13th Jan. the prisoner came for half a quartern of gin in a bottle, which he brought with him—he paid me with a counterfeit shilling—as soon as he put it down I said, "This is a bad one"—he said a woman gave it him in Seymour-street, and he was to have a penny for fetching the article—he went out, and I sent my lad after him—after they had been out some time they returned, and my lad said they could not find any woman—I sent for an officer, and gave the prisoner in charge—this is the shilling—I gave it to the policeman.
JOHN WILIAM DAY (policeman, C 113). I took the prisoner in charge—he gave his name as William Dunn, of Newton-street, Holborn—he was taken before a Magistrate, and discharged on the 19th—this is the shilling.
THOMAS GRIFFITHS . I live in Long Acre. On Thursday, 19th Jan., the prisoner came to my house, he offered me a shilling—I took it, and found it was bad—I asked him where he got it—he said he had been carrying a gentleman's trunk in Piccadilly—I sent for an officer, and gave him in charge.
ALFRED BUTLER (police sergeant, F 36). I took the prisoner into custody at a public house in Long Acre on 19th Jan., for uttering a bad shilling—he gave his name, William Cleaver, No. 26, Gough-street, Gray's-inn-road—I went there—it is his father and mother's house.
Prisoner. I had the shilling given me.
GUILTY . Aged 17.— Confined Six Months.
PLEADED GUILTY. Aged 31.— Judgment Respited.
MESSRS. BODKIN and POLAND conducted the Prosecution.
ANN EARLAM . I am the wife of Augustus Earlam; he is one of the band of the 2nd Life Guards. I was at my sister's shop on 17th Jan.—the prisoner came about 10 o'clock for two 1 1/2 d. cigars—he gave me half a crown, and I gave him change; in two or three minutes I showed the half crown to my brother-in-law, it was discovered to be bad—it had not been out of my sight—there was a mark on it, which I noticed.
Prisoner. Q. What do you identify me by? A. By your voice and face, and your stature—there was a man came in directly after you, who asked for Prince's mixture, or you would not have got away.
MR. BODKIN. Q. Another man came in, and that enabled the prisoner to get away? A. Yes; I will swear the prisoner is the man.
ADOLPHE BEEND . I am a cigar merchant, in Oxford-street. The prisoner came there on Saturday, 21st Jan.—he asked for shag tobacco—I told him we did not sell it—he went to the door, and turned on his heel,
and asked for three cigars—my shopman served him—I saw him pay with a 5s.-piece—I gave him change, but I did not take the 5s.-piece from the counter—when I gave him the change I took it up; I was not sure whether it was bad—I made signs to a relative to examine it, and he did—it was not out of my sight—he went to the prisoner, and collared him—the officer was sent for, and the crown was given to him.
Prisoner. Q. I put it on the counter; did you take it up, or did the other man take it all round to twenty different persons, and then he caught me, and said, "You are a smasher?" A. I took it up—I only know that it was never out of my sight—I was going to give you some coppers.
MR. POLAND. Q. How long was it before you sent for the constable? A. About five minutes.
GUILTY . Aged 26.— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
CHARLES JAMES MURRAY . I am postmaster, at Uxbridge, and high constable. On 2nd Jan. the prisoner came to the post-office—he had before left orders with my servant for me to send a post-office order according to the address of a letter—when I saw the prisoner, he inquired if the money order had been sent in pursuance of his instructions—I asked him if the order was for 6s. 8d.—he said "Yes"—I told him he had not given enough money; he had given 6s. 8d. and 3d., but he had not given enough to pay for the postage—I showed him the letter, and asked him if that was the letter—he said "Yes, that is right," and he gave me a penny for the postage—I had looked at the letter before he came—I was compelled to do it to make out the order, as he left instructions for me—this is a copy of the letter—on reading it I made out the order, and enclosed it in the letter, and it went in the ordinary course of post, containing the post-office order for 6s. 8d.—I took a copy of the letter, and communicated with the police, because my suspicions were excited and aroused—I saw the prisoner again in about two days; he came to my office, and asked if the letter that had been posted on the Monday had gone, for he had had no reply and no parcel, according to his direction—I told him it was gone most certainly.
Prisoner. Q. That letter did not belong to me; who gave you the letter? A. The servant girl—I cannot say whether you posted it, I was not there—you paid me the 1d. most certainly.
RICHARD ROADKNIGHT (police sergeants, T 11). In consequence of a communication from the last witness, I gave directions to the carrier from Uxbridge to London—I afterwards saw Beech, a carrier, and he made some communications to me about a parcel—in consequence of what he told me, I went to his house at 7 o'clock the next morning—while I was there the prisoner came—I was placed so that he could not see me—I could see him—he asked whether the parcel was come for him—Beech said it was, and he produced the parcel to him, and said, "Is it yours?"—he said, "Yes; how much is it?"—Beech said, "1s.," and he said, "There is the name of Dowling on it; is that your name?"—he said, "No, Brannan;" he said he sent for it in the name of Dowling—I went round the back way, and met him coming out with this parcel in his hand; I stopped him, and took him back
—I asked him whether that was his parcel—he said, "Yes"—I asked what it contained—he said pamphlets and songs—I proceeded to open it; it contained a cigar box, containing straw, and in the middle was a little parcel, containing forty shillings, twenty sixpences, and four half crowns, making together 3l.
Prisoner. Q. How near were you to me? A. As near as I am now, all but a foot—you said it was your parcel, and it contained pamphlets and songs.
JOHN BEECH . I am a carrier from London to Uxbridge. I brought the parcel down to Uxbridge on 11th Jan.—it is directed to "Henry Dowling, Chequer-yard, Uxbridge, Middlesex"—there is a person of that name who keeps a lodging house there—I did not take the parcel there myself, but a man took it, as he said, and brought it back again—on Thursday, 12th Jan., the prisoner came to my place about 12 o'clock—he said, "Have you a parcel in the name of Dowling?"—I said, "What is your name?"—he said, "George Brannan"—I said, "I have sent the parcel back to London, the party that it was directed to would not take it in"—(it had not gone back to London, it was in my possession)—the prisoner then left, and came the next morning about 9 o'clock—he said, "Is my parcel arrived from London?"—I said, "Yes"—he paid me 1s. for the carriage, and took it—I said, "Before you have this, I don't want to get into any bother; if it is not yours, you take the shilling up; you recollect there is a great deal of difference between Henry Dowling and George Brannan"—he left, and in a few minutes the officer brought him back again—he said to him, "Is this your parcel?"—he said, "Yes"—he said, "What does it contain?"—the prisoner said, "Pamphlets and songs"—he opened it, and found this counterfeit coin.
Prisoner. Q. What did I ask you? A. You asked whether I had got a parcel for you—I said, "What may your name be?"—you said, "George Brannan"—I said, "No, not one of that name this morning"—you said, "Did not you send one to Mr. Dowling's this morning?"—I said, "Yes, and it was sent back"—you said, "That is my parcel"—I cannot swear whether the parcel had been opened or not.
HENY DOWLING . I keep a lodging house, at Uxbridge. I remember a parcel being brought to me from the carrier—he said, "Here is a parcel for you, Mr. Dowling;" this is the parcel—I looked into it, and took two lots of paper out, and two lots of straw; I said, "D—n this parcel, somebody sent it for a hoax!"—I was very savage about it—I said, "Take this back to where you got it, and tell them to pay the money for it, for I shan't"—I did not know there was any money in the parcel—I do not know the prisoner—I can hardly see anything.
Prisoner's Defence. I sent up for a paper parcel to London; I was expecting it down for two days; I went, and the man said he had sent a parcel to Chequer-yard, and they sent it back, and he had sent it to London; I said, "Get it back;" I called the next morning, and he said he had got it down, and was I going to take it away? I paid 1s., and was coming out, and the policeman caught me and took me back; he said, "Is this your parcel?" I said "I don't know, I want a paper parcel;" he opened it, and found the bad money inside.
GUILTY . Aged 37.— Confined Two Years.
MESSRS. BODKIN and POLAND conducted the Prosecution.
ELLEN ANDERSON . I live in Harriet-street, Lowndes-square; my father is a baker. On 7th Jan. the prisoner came for a half quartern loaf—I gave it her; she paid me a half crown—my mother gave her change, and she went away—I gave the half crown to my mother—she afterwards sent me to get change for it at Mr. Wallis's—he looked at it and bent it, and returned it to me as bad—it was not out of my sight; I am sure I took the same back that I took there—I took it back to my mother—this was on Saturday, and on the Tuesday following I was sent for to Miss Pearce's; I found the prisoner there, detained—I am sure she is the woman that gave me the half crown.
Prisoner. Q. Did you say to your mother, "That is the young woman that was here; I know her by her shawl?" A. No.
ELIZABETH ANDERSON . I am the mother of the last witness. I was in the shop on Saturday, 7th. Jan.—I saw the prisoner pay a half crown to my daughter—I am sure she is the person—I sent my daughter out with the same half crown; she brought it back—I put it in my till, separate from all other money; there was no other half crown there—it remained about half an hour, when I took it out and gave it to my husband—I am sure I gave him the same half crown; it was slightly bent when my daughter brought it back—on the Tuesday I was sent for to Miss Pearce's; I saw the prisoner there, and recognised her as the person who had been in my shop on the Saturday—she said she was out of town—she was given into custody.
Prisoner. Q. How did you know me? A. By your face; I did not say I knew you by your shawl, and not by anything else—you were in my shop on the Saturday, at half past 5 o'clock.
Prisoner. At that very time I was in a pawnbroker's shop in York-street, Westminster, getting this very shawl out of pawn that you swore to me by.
GEORGE ANDERSON . I was at home on Saturday, 7th Jan. I came home after the money was paid—the half crown was shown to me by my wife; I marked it, and put it in the back of the till—this is it, it has my marks on it—I marked it at home, and at the station—on the Tuesday I went to Miss Pearce's, and found the prisoner, I sent for my wife and daughter—I asked my wife if that was the young woman that passed the half crown; she said she was—the prisoner said she was out of town—she did not mention a pawnbroker, nor about the shawl—the policeman was sent for, and she was given in charge.
EMMA AMELIA POLLOCK . I am assistant to Miss Pearce, who keeps a flower shop, in Harriet-street, Lowndes-square. On Tuesday, 10th Jan., the prisoner came, about a quarter past 8 o'clock in the evening, for some flowers—I showed her some, and she purchased four sprigs, at a shilling a sprig; she gave me a half sovereign—I had no change; I gave it to George Marsh to get change—he left the shop, returned with Mr. Wallis, and pronounced the half sovereign to be bad.
GEORGE MARSH . I am errand boy to miss Pearce. On Tuesday, 10th Jan., I received a half sovereign from the last witness—I took it to Mr. Wallis, who keeps the Gloucester Arms, and he returned with me to Miss Pearce.
Tuesday, 10th Jan., the last witness came to me and gave me a bad half sovereign—I accompanied him back to Miss Pearce's—the prisoner was there when I got there—I said the half sovereign was bad, and I asked her where she might have got it—she made several statements—she said she had taken it, and if I gave it her back she would go and get change for it, but I did not—I went out with it to a jeweller's shop—I returned with it, and gave it to Miss Pearce, and the prisoner was given into custody.
AMELIA PEARCE . I was in a room adjoining my shop, on 10th Jan.—I saw the prisoner there—I saw Miss Pollock give the boy half a sovereign—he went out, and Mr. Wallis came back with him, and said the half sovereign was a bad one—he asked me if I knew it was bad—I said I did not—he gave it me—I bent it with the detector, and gave it to the policeman.
JOSEPH CLARIDGE (policeman, B 71). On 10th Jan. I was called to the shop, and found the prisoner there—she was charged with attempting to pass bad money—Mr. Anderson came shortly afterwards, and gave the prisoner into custody—I received this half crown from him, and this half sovereign from Miss Pearce—I asked the prisoner where she obtained the half sovereign—she said from a public house in Pimlico—she did not know it was bad.
Prisoner. About a quarter of an hour before I went to Miss Pearce's shop, I took the half sovereign from a gentleman; as to the half crown, I know nothing about it; Mrs. Anderson is swearing falsely; she knows she swore to me by my shawl, and nothing else.
GUILTY . Aged 18.— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
JAMES PARKER . I keep a greengrocer's shop, in Pulteny-street. On 17th Jan., about 10 o'clock at night, the prisoner came—I served to him some cabbage, which came to 2d.—he tendered me a half crown—I looked at it, and found it to be bad—I told him so—he said he did not know anything about it—he did not know it was bad—I marked it, and gave it to the constable.
WILLIAM HEWITT (policeman, A 297). On 17th Jan. I was sent for to the last witness's shop, and the prisoner was given into my custody on a charge of uttering a counterfeit half crown—I told the prisoner the nature of the charge—he said he was not aware it was bad—I searched him, and found 1s. worth of halfpence, 13s. 8d. in silver, and this bad half crown—he gave his address No. 78, St. Andrew-street, Seven Dials—I found there was no such number in the street—he was the worse for liquor.
Cross-examined by MR. PAYNE. Q. How many numbers are there in this street? A. Forty-six—the prisoner did not tell me seven or eight—I will swear that he said seventy-eight—I wrote it down on a paper—I told the prisoner at the station that there was not that number, and asked him if he wished to alter it—he said, "The number I gave you was perfeetly right."
The prisoner called
he keeps a rag shop in Fitzroy-market—his brother-in-law, Boniface, lives there—I do not know where the prisoner sleeps—I was with him on the night when he was taken into custody—I met him about 5 o'clock, opposite the station in Fleet-street—I went with him up Fleet-street to the Temple—we went into a public house and had a pint of beer—he was very tipsy, and I wanted to get him towards home—I got him across Bow-street, and he would go into a public house at the corner of Bow-street and have some more drink—he changed a sovereign there to pay for it—I said, "Why not pay for it with small change?"—he said he had not got any—we went on, from there to another public house, and he would have some more—I would not have any, and he called for 1 1/2 d.-worth of gin himself—this was in Long Acre—it was then 6 o'clock, or past—I went out of the public house, and when I came back he was gone.
Cross-examined by MR. BODKIN. Q. How long have you known him keeping the rag shop? A. About two years—I am sociable with him—I have been to see him there—he is married—I believe he has got two children—I have seen his wife when I have been at the rag shop—I always thought he lived there—it is what is called a marine store shop—I do not know whether there are any bones there—I never heard of his living anywhere else—I saw him change the sovereign—the liquor came to 4d.—the change was laid down before him—he counted it, and put it in his pocket, as far as I saw—I did not see him again till he was taken into custody.
GUILTY . Aged 24.— Confined Six Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
CAROLINE CLINCH . I live in Archer-street, Haymarket; I sell milk. On 16th Jan. the prisoner came into my shop in the uniform of the Guards, he asked for three eggs—they came to 3 3/4 d.—he paid me with a 5s.-piece, and I gave him change—he went away—after he had been gone five minutes, I looked at the 5s.-piece—I saw it was bad—I put it in a cup in the cup-board—the next day the prisoner came again, about a quarter before 2 o'clock.—I recognised him directly, and told him he gave me a bad 5s.-piece the night before—he said he was not aware it was bad, and that a man gave it him to buy some eggs—he said he knew the man very well—I gave him the 5s.-piece, and he said if I would go with him to Portman-square barracks he would make it right—I could not do that—I sent for a policeman, and gave the prisoner into custody—he had the 5s.-piece in his hand when the policeman came, and he asked him for it, and he gave it him.
Prisoner. When the constable came, you took the crown piece out of my hand, and gave it to him yourself. Witness. I do not remember that.
JAMES PRATT (policeman, C 171). I was called to the shop, and found the prisoner there—the last witness gave him in charge, saying he had passed a bad 5s.-piece—he had it in his hand—I asked him to let me look at it—he did so, and I kept it—he said he was not aware it was bad; and if the prosecutrix would go with him to the barracks, he would give her the money—he was taken to the station, and searched—nothing was found on him—I took him to Marlborough-street the same day—in going along I heard something fall from him—I picked it up; it was a counterfeit 5s.-piece—the prisoner asked me if it was a 5s.-piece—I said, "Yes, and you dropped it"—he denied it—I said, "You did"—he said, "If I did, I did."
Prisoner's Defence. I was not aware they were bad; I was led into it.
GUILTY . Aged 22.— Confined Twelve Months.
MR. POLAND conducted the Prosecution.
WILLIAM PAISH . I am a fruiterer, in Tothill-street. The prisoner came to my shop on 10th Jan. at nearly 11 o'clock at night, for change for half a crown—I told him I had no change—he turned back, and said he would buy an orange if I would give him change—I was looking out the change—I put down two shillings on the counter—he took them up, threw down a bad half crown, and ran out of the shop—he only took the two shillings; I had not given him the rest of the change—I ran after him, and caught him in Dacre-street, under an archway—the policeman followed me—I took him by the collar, and said, "You have got my two good shillings, here is your bad half-crown"—he said at first he was not the same person—I said, "I know you are;" and I gave him into custody—he then said, "Don't lock me up, I will give you your two shillings," or something of that sort—I kept the bad half crown in my hand till I got to the station, and marked it, and gave it to the policeman—I am perfectly certain the prisoner is the man.
JAMES SLADE (policeman, A 247). On Tuesday night, 10th Jan., I saw the prisoner running in Dacre-street—the last witness was following him—when he was stopped, I went up, and he was given into my custody—the witness said he had been in his shop, and passed a bad half crown, and run away with two shillings and an orange—the prisoner said he would give him the two shillings if he would let him go, and give him the half crown back—I took him to the station, and found on him one shilling in silver, and 3d. in copper, all good—this is the half crown (produced).
Prisoner's Defence. I do not remember anything about it; I was intoxicated.
GUILTY . Aged 20.— Confined Six Months.
OLD COURT—Wednesday, February 1st, 1854.
PRESENT—The LOD MAYOR; Mr. JUSTICE WIGHTMAN; Mr. Ald. WILSON; Sir CHAPMAN MARSHALL, Knt, Ald.; Mr. Ald. HUNTER; Sir ROBERT WALTER CARDEN, Knt., Ald.; and Mr. COMMON SEJEANT.
Before Mr. Justice Wightman and the Third Jury.
MR. PLATT conducted the Prosecution.
MARY WILLIS . I am the prisoner's wife, and live at No. 5, Lee's-buildings, Chancery-lane; he is a law writer. On Christmas eve last I went to bed about half past 12 o'clock at night; my husband had gone to bed about 9 o'clock, or half past—he slept in a different bed, and in a different room to me—we have been living very unhappily for a long time—about half past 2 o'clock in the morning he came to my bedside and awoke me, saying, "Poll, I am so cold"—I said to him, "Why come to me if you are so cold? "—he came into bed to me—he said those words as he came in, and I made that reply—the minute I said that, he stabbed me with the carving knife—
I felt myself stabbed—the knife went through my ear, and cut my neck—I bled a good deal—I called out to Mr. Hyatt, who lives in the first floor (I lived in the second floor), and begged of him to come up to me, that my husband had stabbed me; I was still lying in bed when I called out—my husband never spoke to me again—he walked into his own room, and left the door open—when I felt this cut at the back of the ear, I put up my hand to save my throat, and the knife went through my little finger and very nearly cut it off—it was after I was stabbed in the ear that I put up my hand to save my throat—I only received one blow—he had gone into his own room before Mr. Hyatt came to me—he went into his own room as soon as he stabbed me—I was still in bed when Mr. Hyatt came into the room—he brought a light with him; I was bleeding very much indeed—Mr. Jones, the surgeon, was sent for—my husband and I have not had quarrels before this—I had not been on good terms with him that week; he called me very bad names.
Q. Have you been living separately from him for any time? A. It was his wish that he should sleep with the two boys, and me with my two daughters, for we had no other convenience—I have been obliged to support myself and family for some weeks.
COURT. Q. How many children have you? A. I have five living; by the prisoner; I have had six—I have been his wife twenty-two years—my eldest daughter was gone to Islington, to spend Christmas eve; she was not at home at this time—I had nobody in bed with me—my other daughter is in the Welsh school, in Gray's Inn-road—my husband did not sleep with the two boys; the two boys slept on a mattress on the floor, in the same room with him—he slept by himself.
MR. PLATT. Q. Look at this knife (one produced by the policeman); do you know it? A. Yes; that is the knife—it was kept in the table drawer in the room where my husband slept.
COURT. Q. You did not see the knife that he used? A. No; I had no candle—my daughter found it afterwards in the bedclothes—I did not see it found.
Prisoner. Q. Before the Magistrate you said you had been out to a day's work; is that the case? A. Yes; I had been out ever since the first thing in the morning, about half past 6, or from that to 7 o'clock—I was at Mrs. Peters's, No. 2, Tanfield-court, Temple—I left Mrs. Peters's about half past 9 o'clock in the evening; I then came home—you were undressing yourself going to bed, and you began abusing me, and calling me bad names; I begged of you to go to bed, I did not want anything to say to you; for you had struck me that same week, and nearly broke my arm—I went out again—I was to have gone out to work on Christmas day, and I went out to tell the gentleman I should not be able to come, as my eldest daughter was not at home—that gentleman works at No. 3, Tanfield-court—he is a married man—he asked me to come and wash up some plates and dishes—his name is Rabbin—he is a clerk in the Temple—I only went to tell him that I was not able to come to work on Christmas day—I tried to get a person to go in my place, but I could not, because I wished to be at home with my family—I had not passed Mr. Rabbin's in coming home from Mrs. Peters's—I did not know where he lived; it was somewhere in Holborn; I was to go and give him an answer, and then he would give me directions where to go next morning—I came home after having been to Mr. Rabbin's—I did not go out any more that evening—I think I returned home from Mr. Rabbin's about 11 o'clock—I had to go to Mrs. Watts, who recommended
me to Mr. Rabbin—I have worked for her fifteen years—I remained at home after that, and my boy and I had supper together, and then I went to bed—I had had nothing to drink but a little porter; I certainly had a glass of gin given me, that was all—Mrs. Watts gave me that—that was all I drank while I was out—I had a glass of gin and some porter—Mrs. Watts did not give me the porter—I had a half pint of porter with my boy; that was before I went home—I met him in Chancery-lane, as he was coming home from his work; he is about eighteen years old—I had nothing more to drink—I had about a pint of porter with my son; that was at a public house at the bottom of Chancery-lane—I did not go to Mr. Bailey's after that—I had no beer with my supper; I had some broth for my supper: my son and I had a bason of broth together—I certainly was not drunk that night—I will swear that I did not say to my son, "Billy, I am so ill, put me to bed"—my boy brought me a light, and lighted me to bed; I never said anything of the kind—I did not go out to market that night.
COURT. Q. Was the son who had supper with you, the same son that gave you the porter? A. Yes; he lives in the house, he had a very little of the pint of beer, we only had one pint between us.
MR. PLATT. Q. Is there any ground whatever for his complaining of you for being unfaithful to him? A. Not at all; I am as innocent as the babe unborn—I have been faithful to him.
THOMAS HYATT . I lodge in the same house as the prisoner and his wife. On Christmas morning last, I was awoke between 1 and 2 o'clock in the morning, by hearing some person cry out; it was Mrs. Willis's voice—my name was called out loudly—I put on my small clothes, and went directly to her room; I found her in bed, leaning over the bed, and bleeding very much from a wound in the ear and neck, and likewise a cut on the hand; there was a great deal of blood about—there was no one else in the room—from something Mrs. Willis told me, I afterwards went into the other room, where I found the prisoner on the bed, wrapped up in the clothes—I asked him what he had been doing, and why he did it—he said, if she was not dead, his hand must have been nervous—on looking more closely at him, I found that he had cut his own throat, or partly so; there was a great deal of blood all down his dress, and on his shirt—my son went into the room with me, and when I found the state they were in I sent him for a police officer, and likewise for a medical man; he very soon came back with both—I stopped in the room where the prisoner was, till he returned—I did not say anything further to him, nor did he to me—these parties have lived in this house about five years; they have quarrelled a great deal at times, and very frequently—it appears that the prisoner had been drinking in the afternoon part of this day, but I did not see him—I believe him to have been in a sober state.
Prisoner. Q. You say I said, if my wife was not dead my hand was nervous; did you tell the police Magistrate so? A. Yes, I did.
WILLIAM CHERRYMAN (policeman, F 153). On the morning of Christmas day, a little before 2 o'clock, I was called by a son of last witness, to go to the back room second floor of this house—I there found Mrs. Willis in bed; she was undressed—I saw a great deal of blood about the floor, and found her wounded—I then went into the front room, where I found the prisoner sitting up in the bed, and the front of his shirt all saturated with blood—his throat was cut two ways—I got him out of bed, and found this razor (producing it) in the bed, just under where he was lying—it was lying open,
and there were marks of blood on it which are on it now—I asked him what he had been doing; he said he was sorry that he had not done it effectually—Mr. Jones dressed his wounds, and he was taken to the hospital—I had seen the prisoner about an hour and a half before this happened, going towards his house—I considered him drunk at that time.
COURT. Q. About what o'clock was that? A. I should say a little after 12 o'clock, between 12 and 1 o'clock—he was going home.
Q. Just repeat the question that you put to him, and his answer? A. I asked him what he had been doing, and he said he was only sorry he had not done it effectually.
MARY ANN WILLIS . I am a daughter of the prisoner, and live with my mother. I was out at a party at a friend's on the night in question—I returned home about half past 8 o'clock in the morning on Christmas day—I found my mother in bed, bleeding—I got her out of bed, and on removing her I found this carving knife in the bed—it was always kept in a table drawer in the same room where my father slept—I am turned twenty years of age.
WALTER JONES . I am a surgeon, and live at No. 27, Fetter-lane. I was called to see Mrs. Willis, about 2 o'clock, on the morning of 25th Dec.—I found her lying in bed, her dress covered with blood—I found a wound in the lobe of the left ear—it was a punctured wound; it had passed right through the ear, and wounded the side of the neck just at the angle of the jaw—there was a cut on one of the fingers; it was not a very bad out; it seemed as if a portion of the skin had been sliced off, as it were, but it was not very deep—this knife would be a likely instrument to do it—it was not found that night—I was shown ft razor that was found in the next room, and I did not think that could have done it—I went into the front room, where the prisoner was; he wag sitting on the side of the bed, bleeding very much from a wound in the neck—it was a jagged wound, and appeared as if it had been cut from right to left, and from left to right, both ways—he had lost a great deal of blood—the wounds were superficial, not very deep—the wound upon the prosecutrix was not a dangerous one as it was—it was in the neighbourhood of the carotid artery, about a quarter of an inch, or so, but it might be influenced by the position of the neck—that is a very dangerous position for a wound.
Prisoner's Defence. My wife states in her evidence that at half past 9 o'clock I was undressing myself and going to bed, and that she was at home at 11 o'clock; the policeman says that he saw me going home at past 12 o'clock at night, the worse for liquor, which Mr. Hyatt says I was not; now if I was in bed at half past 9 o'clock, how could I be going home drunk at past 12? one or the other must be wrong; I shall leave myself entirely in the bands of the Court, and say no more; I am completely sold; I have no money, and not a soul has been to see me; so that I could not possibly get witnesses, otherwise I could have brought forward witnesses to prove very grave things against my wife.
GUILTY on 2nd Count. Aged 61.— Transported for Life.
PLEADED GUILTY . Aged 21.— Confined Two Years.
(Miss Elizabeth Cousins, of No. 6, Bloomfield-terrace, Pimlico, the prisoner's mistress, with whom she had lived seven years, deposed to her good character
and expressed her willingness to take her again, should her conduct be satisfactory after passing some time in a penitentiary).
265. DANIEL LLOYD , stealing, whilst engaged in the Post-office, a letter, containing 2 sovereigns and 6 postage stamps; the property of Her Majesty's Postmaster-General.—There were 3 other indictments against the prisoner for like offences: to all of which he
PLEADED GUILTY . Aged 33.— Transported for Twenty Years.
(MR. BODKIN, for the prosecution, stated that, on the prisoners lodging being searched, upwards of forty letters were found opened which had contained money).
PLEADED GUILTY . Aged 27.— Five Years Penal Servitude.
NEW COURT.—Wednesday, February 1st, 1854.
PRESENT—Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHALL, Knt Ald.; Mr. RECORDER; Mr. Ald. SALOMONS; and Sir ROBERT WALTER CARDEN, Knt, Ald.
Before Mr. Recorder and the Fifth Jury.
JOHN FENN (City policeman, 580). On 13th Jan. I saw the prisoner in Mark-lane—he was going towards Tower-street, with a chest of tea on his back—I stopped him against the corn-market, and asked him where he was going with the chest—he said he was going to take it to Mr. Henry's, in Mark-lane—I went there with him, and asked Mr. Henry if he knew anything about him—he said, "No"—I left the chest of tea there, and took the prisoner to the station-house—this is the chest.
ROBERT HEATH . I am a clerk at No. 7, Hart-street, Mark-lane. About a quarter past 4 o'clock that afternoon I was coming up Seething-lane, and saw the prisoner and two men standing just at the top of Seething-lane—there was a wagon standing at Mr. Cross's warehouse, which had chests of tea in it—I watched those persons for ten minutes or a quarter of an hour—I moved round the corner in such a position that they could not see me, but I could see them—I saw one man get in the wagon, lift a chest of tea out, and put it on the prisoner's back—the prisoner came down Seething-lane to Mark-lane—I gave information to the officer, who took him—I never lost sight of him all the time.
JOSEPH FIRMAN . I am carman to Mr. Thomas Morrison Fairclough. I was at Mr. Cross's warehouse with my wagon—I had a half chest of tea in it, and a bag of sugar—I went into Mr. Cross's warehouse, leaving my wagon in the street—when I came out I missed the half chest of tea—the number of it was 4664—this is it.
Prisoner. I was by myself, there was no one with me. Witness. When I first saw them they were all three together, standing at the top of Seething-lane, talking to each other, perhaps 100 yards from the wagon—the other two were older than the prisoner—they were quite men—one of the men took it out of the wagon—it was done so quickly one could hardly see it done.
Prisoner. I was in Seething-lane, and a man came and said, "Will you carry this to Mr. Henry's, in Mark-lane?" I asked how much he would give
me, he said 4d.; he lifted it on my back, and said, "If any one stops you, tell them you are going to Mr. Henry's, in Mark-lane."
JOHN FENN re-examined. I know Mr. Henry, he is a sack merchant—I took the prisoner there, and Mr. Henry knew nothing about the tea nor about him—the prisoner was going towards Mr. Henry's when I first saw him.
(The prisoner's sister gave Mm a good character.)
GUILTY †. Aged 16.— Confined Six Months.
JULIETTE PLEADED GUILTY .
To appear and receive judgment when called upon. (No evidence was offered against Zucatti.)
NOT GUILTY .
BRACKETT PLEADED GUILTY [ Judgment respited. See original trial image.]. Aged 12.
JOHNSON PLEADED GUILTY. Aged 16. Judgment respited.
SAMUEL NATHANIEL COOK . I am a haberdasher, at Birmingham. On the evening of 3rd Jan., I was walking in Holborn, towards Oxford-street; I felt a jerk at my pocket, I turned round and saw the prisoner with my handkerchief in his hand—directly he saw me he dropped the handkerchief, and I took it—I do not know whether it was out of his hand or not, but he let go of it—he then appeared staggering like a drunken man—I followed him—he did not say anything for some time; he then turned and asked what I wanted with him; I said for taking my handkerchief—he denied it at first—he then said he did it for want, and begged my pardon—he said he did it to get a breakfast, and that he was a tailor, which I might see by his finger—he then said he did it for the sake of his mother—I said I would not forgive him—he was then very abusive, and he said would I go back with him to his father in Holborn, who was a respectable tailor; I went back with him, and some persons came round—a policeman came up and took him; had he not come up, most likely the prisoner would have got away.
JOSEPH ENGLAND (City-policeman, 217). The prisoner was given in my charge by the prosecutor on Holborn-hill; he charged him with picking his pocket—the prisoner was not in liquor—I believe him to have been quite sober; he tried to reel and appear as a drunken man, but he was not so in my estimation; he talked at intervals like a man quite sober.
Prisoner. I was intoxicated; I had no occasion to do such a thing; I earn a pound a week all the year round; he is under a mistake; I begged the gentleman not to take me; I was not the man that took it; the handkerchief certainly was down behind me.
GUILTY.** Aged 23.— Four Years Penal Servitude.
PLEADED GUILTY. Aged 18.— Judgment Respited.
PLEADED GUILTY. Aged 29.— Judgment Respited.
PLEADED GUILTY . Aged 21.— Confined Six Months.
PLEADED GUILTY . Aged 21.— Confined Three Months.
GEORGE ELMORE . I am shopman to Mr. George Joseph Ford, a boot and shoe maker, on Snow-hill. On 4th Jan. the prisoner and another man came to the shop about 7 o'clock in the evening—the prisoner asked me to get him a pair of shoes out of the window, and while I was taking them there was one pair taken off the counter—the prisoner did not buy any—he and the other man went away without buying anything—I did not miss these shoes off the counter till about 11 o'clock the next day—I knew I had put them on the counter the evening before—I have seen them since, at the pawnbroker's—these are them—they are the same I had put on the counter—they are my master's property—I know them by our journey-man's work on them—I had paid him for mending them—you will not find one pair in a hundred made as these are, with cloth all round—they have been sold—they are English make—I am confident they are my master's—I saw them on the Wednesday evening, I should think a couple of hours before the prisoner came in.
PEACHY SOWERBY CRAWFORD . I am assistant to Mr. Attenborough, a pawnbroker, No. 204, Fleet-street. I produce these boots—I took them in pawn on 4th Jan.; I cannot remember at what time—there was another pair pawned with them for 4s.—the person who pawned them was a foreigner—there were two foreigners in the shop; I could not swear that the prisoner was one of them.
The prisoner made his defence in Italian, which one of the Jury interpreted as follows: "I had a pair of boots belonging to a companion of mine, who gave them to me to pawn, because I could speak English better than he could; I have not been in the prosecutor's shop."
COURT to GEORGE ELIMORE. Q. Are you quite sure that he came in your shop? A. Yes, he is one; there were two came in—they were not in the shop more than a quarter of an hour—he was looking at some things—I did not take particular notice of him; I only just looked at the man—he had a hat on, and a brown coat.
GUILTY . Aged 24.— Confined Four Months.
ABRAHAM COLLINS . I am a hatter, and live in Dudley-street, St. Giles's. About half-past 9 o'clock in the evening, on 4th Jan., two foreigners came in my shop—the prisoner was one of them—the other man bought a hat—I served him, and he paid for it—the prisoner was behind him, trying on hats, and while I was serving him, the prisoner went out of the shop—when I had served the other man I missed a hat from the counter—it was a second-hand black hat—I went after the prisoner the moment I missed it—I overtook him, and found him with my hat on his head, and his own wide-awake hat under his arm—I charged him with taking my hat, and he knocked me down, and ran away—in running he threw my hat away, and put his own on again.
Prisoner. My countryman bought two hats; I was coining back to your shop. Witness. No, he was not, he was on the other side, going the contrary way—he did not run before I came up to him, but after I charged him with the robbery, he knocked me down, and ran away.
ARTHUR GARWOOD (policeman, F 88). I saw the prisoner running up White Lion-street—I pursued, and took him in St. Andrew-street—I did not lose sight of him—I saw him throw this hat out of his hand, and put his own on his head—Mr. Collins picked his hat up, and gave it me—this is it—the prisoner resisted, and got away once.
MR. COLLINS. This is my hat.
Prisoner's Defence. The same night my countryman came, and said, "I will be obliged to you if you go with me to buy a hat;" I took him there; he said, "I will make you a present of another hat;" I go with him; he said to me, "This is for you;" I took it; he said, "What you want?" I said 4s.; I came out fifty yards, no more; I was coming back to the same shop; I am innocent; I am willing to work day and night.
GUILTY . Aged 24.— Confined Three Months more.
THIRD COURT.—Wednesday, February 1st, 1854.
PRESENT—Mr. Ald. FAREBROTHER: Mr. Ald. HUNTER; Sir ROBERT WALTER CARDEN, Knt, Ald.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
PLEADED GUILTY . Aged 19.— Confined Twelve Months.
MESSRS. BODKIN and CLEK conducted the Prosecution.
JOHN LUCAS . I am a chemist, of Cheapside, and keep the post-office. On 20th Dec. the prisoner came to my shop, and asked for 1l.-worth of postage stamps—he was dressed as a porter, with a brown working jacket and cap—I gave him the stamps, and he took them with one hand, and put down a bad sovereign with the other, and ran off, leaving the door partly open—before taking it up I perceived that it was counterfeit; I marked it immediately, and put it in a drawer by itself—I gave it to a constable a week afterwards.
stationer and poet-master. On 2nd Jan., about 12 minutes to 6 o'clock, the prisoner came and asked for 1l. worth of stamps for Mr. Jericho—I gave them to him; he threw down a sovereign on the glass-case, And it bounced into my hand—he immediately ran out of the shop, and I then saw that it was bad, and ran after him; I came up with him in White Horse Yard, Coleman-street, and gave him into custody; he then threw the postage stamps behind him, in the corner where he was taken—I had the counterfeit sovereign with me, and gave it to the officer.
WORTLEY BLAKE (City policeman, 168). I saw the prisoner running, and took him—I found on the spot this sheet of postage stamps (produced)—I found on him 4d., and 2d. in copper—I received this sovereign (produced) from the last witness.
JANE HAINES . on 27th Dec., about half past 7 o'clock in the evening, the prisoner came to my shop, and asked for 1l.-worth of postage stamps, for Mr. Williams, the printer; he was dressed like a porter, with a white apron and a paper cap—I gave him the stamps—he threw down the sovereign, and ran off—I gave information immediately, and gave the money to the officer the same afternoon, about an hour afterwards; I had kept it in my hand all the time—I had not put it with any other sovereigns.
GUILTY . Aged 23.— Confined Twelve Months. (see page 340.)
MR. BODKIN conducted the Prosecution.
THOMAS GRIFFITHS . I am barman at the Long-acre coffee house, Longacre. On 16th Jan., about a quarter to 2 o'clock in the afternoon, the prisoner came for a pint of porter; it came to two pence, and he gave me a six-pence—I gave him change, and put it into the till; there was no other six-pence there—I went to the till about five minutes afterwards, nobody had been to it in the meantime, and there was no other sixpence there; I found that it was bad, put it on the hob by the fire, and watched till it melted—he came again, about a quarter to 6 o'clock in the evening, asked for three-halfpennyworth of gin, and gave me a shilling; it was bad—I went round the counter, shut the door, and sent for a policeman—I asked the prisoner if he was not ashamed of himself to come twice in one day—he said he had not been near the house before—I am certain he is the man who had come in the morning—I gave him in charge with the shilling.
Prisoner. I never was in your house before in my life.
THOMAS TICKNER . I was called, and took the prisoner. Mr. Griffiths gave me a shilling, and said that the prisoner had been in the morning and tendered a counterfeit sixpence—I said, "You had better bring that with you"—the prisoner on that said very sharply, "What will you do?"—I said, "Never mind, you must come with me to the station"—I took him there; he had nothing on him.
Prisoner's Defence. He accuses me wrongfully; I never was in such a place before in my life; he ought to bring the sixpence forward before he swears a man's life away.
GUILTY . Aged 44.— Confined Six Months.
PLEADED GUILTY . Aged 14.— Confined Six Months.
PLEADED GUILTY . Aged 40.
(An officer stated that the prisoner was a very bad character, being in the habit of robbing poor men of their tools; and that there was a warrant against him for stealing 700 plants from a gardener).
Four Years Penal Servitude.
282. MICHAEL RUSSELL , burglariously breaking and entering the dwelling house of William Freeman, and stealing therein 1 watch, 1 box, and divers moneys, his property: also, burglariously breaking and entering, the dwelling house of John Harry, with intent to steal: to both of which he PLEADED GUILTY . Aged 18.— Four Years Penal Servitude.
PLEADED GUILTY . Aged 32.— Confined Four Months.
284. THOMAS TOMPKINS , feloniously forging and uttering a request for the delivery of half a hundred weight of lead, with intent to defraud; also, feloniously forging and uttering a similar order, with a like intent: to both of which he
PLEADED GUILTY . Aged 45.— Confined twelve Months.
OLD COURT.—Thursday, February 2nd, 1854.
PRESENT.—Mr. Justice WIGHTMAN; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. FINNIS; Sir Robert WALTER CADEN, Knt, Ald.; and Mr. COMMON SERJEANT.
[For Cases tried this day, see Kent and Surrey Cases.]
NEW COURT.—Thursday, February 2nd, 1854.
PRESENT.—Mr. Ald. FAREBROTHER; Mr. Ald. HUNTER; and Mr. RECORDER.
Before Mr. Recorder, and the Sixth Jury.
PLEADED GUILTY. Aged 21.— Judgment Respited.
MARY ANN GOLDSMITH . I am shopwoman to Mr. Charles Hammond; he is a bedding manufacturer, at No. 39, Beech-street On Wednesday, 4th Jan., I gave the prisoner four half crowns to deliver to Mr. Hammond—it was Mr. Hammond's money, what I had taken in the shop—the prisoner was in Mr. Hammond's service, and was employed on the premises.
in my service, and so was the last witness—the prisoner never handed to me the 10s. of which she has spoken, nor any part of it—after the 10s. was given him, I did not see him till he was at the police court, which happened to be a week afterwards—he had only been in my service two days, the Tuesday and the Wednesday—he was hired by the week—he left without having his wages, which would have been due on the Saturday—he was to have 5s. a week—I wanted a smaller lad, who would have answered my purpose; but I saw the prisoner's mother, and she said if I would take him, and give him 5s. a week, he could make up at night for the wages.
GUILTY . Aged 17.— Confined Three Months.
WILLIAMS PLEADED GUILTY . Aged 21.— Confined Three Month.
GEORGE WATKINS (City-policeman, 660). On 12th Jan., I was in Grace-church-street, about a quarter before 4 o'clock—I saw the prisoners; I had not known them before, but I saw Williams put his hand in a gentleman's pocket, and Richards stood behind Williams with his hands in his coat pockets, spreading them out so as to cover Williams—this made me watch them—Williams got nothing out of that gentleman's pocket—he then put his hand in another gentleman's pocket—he got nothing out of that second gentleman's pocket—Richards was still behind, covering him—Williams then tried a third gentleman's pocket, which was Mr. Hucks, and got this handkerchief out—I then seized Williams, and found this handkerchief in his hand—I took it from him—while he was taking the handkerchief, Richards was standing behind him—when Williams had got the handkerchief, they were both going away together—I took hold of Richards, and he said, "What do you want me for?"—I told him he was concerned with the other in stealing this handkerchief—I told him I was an officer—I handed Richards to another officer—I had seen the prisoners together for about twenty minutes—I had seen them talking together.
CHARLES HUCKS . I am a traveller. I was in Gracechurch-street on 12th Jan.—this handkerchief is my property—I was not aware of its being taken till I was told of it—I had seen it safe about twenty minutes before.
Richards. I was standing looking in a picture shop, and this prisoner came and stood talking about ten minutes; he pointed towards London bridge, and said was I going that way? I said "Yes," and we were going together, and the officer came and said, "I want you;" I said, "What for?" and he told me; that is all I know.
RICHARDS— GUILTY . Aged 19.— Confined Three Months.
MR. METCALFE conducted the Prosecution.
SARAH HENDERSON . I am the wife of James Henderson; he is at sea, he left yesterday afternoon. On 13th Jan., I went into Petticoat-lane—before I went I had a porte monnaie, or French purse, and in it were eight golden sovereigns, and a duplicate to the amount of 18s.—I had come from my own house, No. 52, Church-street, Minories—I went direct from my own house to Petticoat-lane—when there I passed a shop, and saw some pears lying outside on a little board—Phillips was at the stall, Barnett was inside—I
asked her the price of the pears; she said, "Three a penny"—my sister, Leah Isaacs, was with me—it was a little after 3 o'clock in the afternoon—I had 1d-worth of the pears, and I asked Barnett if she had not got any better pears than those—she said, yes, if I liked to walk inside—I went in, and she showed me some large pears for baking—I said, "They are not fit for eating; I will have some outside"—I went out, and had another 1d.-worth, and I opened my purse, and took a sixpence out to pay for the pears, and I placed the purse close to the basket; and while I was putting the pears in the basket, the girl Phillips put her hand on the purse, and ran away with it into the house—I took hold of her, and she gave the parse to Mrs. Barnett—I let go the girl, and took hold of Mrs. Barnett's hand—she got it from me, and put her hand into her pocket, and said it was only a halfpenny, it was not the purse—I said, "If you don't give me my purse, I will send for a policeman"—she and I had a struggle—I said, "I will send for a policeman," and I sent my sister—during that time I was making a noise, and Barnett was making a noise—several women came in, and took the girl Phillips out, and Mrs. Barnett ran up stairs—she came down in a few minutes with a candle in her hand, and said, "Well, if you think you have lost your purse, I will light a candle, and you shall look for it"—the candle was unlighted, when she brought it down—the policeman came, and I gave both the prisoners in charge—I saw the purse pass from the girl Phillips's hand to the woman Barnett's hand, I am quite sure—a candle was not necessary at that time, it was daylight—supposing my purse had been on the ground I should have seen it.
Cross-examined by MR. BALLANTINE. Q. you say your husband went to sea last might? A. He went yesterday afternoon in the Chevalier, form. Sunderland—he went down in the morning of the day I lost my purse—he is captain of the ship—I was living at No. 52, Church-street, Minories—I have lived there thirteen months—my husband only came home on 2nd Jan.—I have been married to him about five years—I am a Christian, but am of Jewish origin—my husband had left me twenty-four sovereigns, all in gold—I took those eight sovereigns because, while my husband was away I was compelled to raise some money, and I was going to take my things out—I had the duplicates with me, and the policeman saw them—they were not in my porte monnaie—there was one in my porte monnaie for 18s.—the amount of the duplicates in my pocket was dose on 7l.—the one in the purse was for a ring, a mourning ring—my sister was with me—she knew I was going to take these things out of pawn—I did not like to go in alone—the pawnbroker's is at the corner of Petticoat-lane—I have not the duplicates here—I have not had notice to produce them, that I know of—I was in Sunderland with my husband; I only came home on Sunday night—I went to Church street when I same home—I did sot hear from my sister that I was required to produce the duplicates; she only told me there was a paper left—I did not read it all through; I cannot read—it was not read to me—there was a paper left—I know of no notice being served to produce those duplicates; I never heard of it; my sister told me nothing about it—she said a paper was left in the passage—I asked the woman down stairs to read it to me—I have not heard of a notice to produce my marriage certificate—I have not got it, I was not aware that I should want it—I left my mother and my sitter at my house when I went to see my husband—the persons who live in the house were there—I have never heard of any notice to produce any of these matters.
Q. Do not let us mistake each other; do you swear you hate not heard that there has been a notice to produce those duplicates and your marriage certificate? A. No; no one told me of it—I pledge my oath that neither my sister nor any one else told me that such a notice had been left—I have never heard of such a notice—my sister was with me when I went to buy those pears—it was close upon 3 o'clock when I left my house—I went directly to that place; I did not go to the King of Prussia—I do not know where it is—I did not go into any public-house—I did not go to Mr; Myers', a butcher's—I had not taken any rum anywhere—my sister saw this money that I took out; I had shown it her when I took the sixpence out on Mrs. Barnett's stall—my sister and I left together.
Q. Had she seen the money in the house? A. She was not in the room when I took it out; it was in one of those little work boxes—I kept my duplicates there too—I took the duplicates and money out at the same time, and went straight to Petticoat-lane—I did not stop any where—I was married at St. George's Church, Cannon-street; it is close upon five years ago—I was married in the name of Sarah Florentine—Isaacs was my father's name—that was the only name by which I ever went—I do not know any other name—I have not taken any other name any time—I never went by any other name than Isaacs and Henderson that I know of.
Q. Now I ask you again, did you go by any other name? A. I was living with a woman, and her name was Sarah Williams, and she used to call me Sarah Williams—I lived with her two years—when they used to send letters, they used to put me always "Sarah Williams"—this woman herself called me Sarah Williams, because she never knew me by any other name—when they used to send letters they always called me Sarah Williams—I was very seldom at home—it is ten or eleven years ago.
Q. Did either you or she get into any scrape? A. I did; I was living in the house; there was a young man living there, and he owed me a few shillings, and she came to me and said, "He is going away"—I went into the room, and said, "You have not paid me"—he said, "I will when I come back"—I seized him, and sent the little girl for a policeman, and the young man said he had lost 5l.—I was taken up and tried, and acquitted—I was tried in the name of Sarah Williams—I said it was not my name, but I was tried in that name—that is eight or nine years ago—I do not remember the name of the prosecutor—I do not know his name—he was a carpenter, and that we always called him—I do not remember his name—there is an officer outside can tell it—I cannot recollect the name of the man who was my accuser—I could not say whether he was a seaman; he was a carpenter—I do not know whether he was a seaman, or what he was—he said the robbery took place at No. 13, Palmer's-folly; that was Williams's house—if it was a brothel it was unbeknown to me—I hardly knew the persons that lived in it—there was no brothel, not in the same house—the man was a hard working man—it was not a drunken sailor that was robbed in the brothel—he was sober when I called him in the morning to pay me for what I had done for him, to mend his things for him—he had been there three or four days—I had not been in the same room with him; I can swear that; I do swear it—this was only for things that I had done for him—I had not been living with him in the days or nights—I did not have connection with him—he did not appear against me—I never saw him there—I did live at No. 3, Christian-street, St. George's—I kept a respectable house then, as I do now—I kept that house—I had respectable lodgers there—I had two girls; one was Martha Johnson—she said she was a trowsers maker—she
only lived a week—she was not an unfortunate girl, that I know of—I will not swear she did not live there two or three months—I have not seen her here to-day—Johnson went away—I do not remember Catherine Atkins—she was not one of the girls that was living there—(two girls were here brought into Court)—both these girls lived with me; one was with me a week, the other longer—one was named Catherine, the other Amelia, or something.
COURT. Q. How long is this ago? A. It is, I believe, eighteen months—one lived but a week; she did not behave well—she told me her name was Amelia, and she was a trowsers maker.
MR. BALLANTINE. Q. Was there not a quarrel about a man? A. No; one of them fetched in a man, who brought two little green parrots, and I asked her who it was, and she' said a man who brought her two parrots—she gave me one, and the next day she wanted to have it back again, and I turned her out because she did not behave herself well—I kept the parrot—I am quite sure I was not taken into custody when I lived in Christian-street—I was not accused of taking a sailor's jacket when I lived in Christian-street, or at any time.
Q. Was it his trowsers? A. Ask your witness—I have not seen anybody here who might be a witness—I have seen some persons who are not fit to come up, because they have not long been out of prison themselves—I do not recollect that I ever saw Joseph Levy (looking at him) before—I was not, when I was in Christian-street, taken into custody with this lad—I do not know him—I was not taken into custody with any lad—my sister did not live in Christian-street—I and my sister were not taken into custody—we were not charged with stealing a sailor's jacket, nor have I ever heard of this before—I swear that this did not occur in Christian-street, nor anywhere else—never since I was married—nor before—my sister and I were never charged with stealing a jacket from a sailor—I know nothing about it—I lived at No. 21 and No. 11, Trident-street—I was married then—those were respectable small houses—no girls came there and brought men—no girls came—there was one woman in No. 21, none in No. 11—I did not live in Ship-alley, Wellclose-square; my father did—I and my sister did not live there—I did not get into any scrape about a 5s.-piece—it was not Ship-alley, it was Grace's-alley—my father kept a clothes shop—a man came and brought a bad 5s.-piece; when I came in my mother said, "Is this a good one?" I said, "No," and she said she should know the man, and she went and found him, and he gave her the money back—I was not charged with passing a bad 5s.-piece—Mr. Myers was not bail for me, that I know of.
Cross-examined by MR. PARRY. Q. Do you know a person of the name of Rolfe? A. He lived with me five months in Church-street, Minories; I never went by the name of Rolfe, that I swear—I never called myself the wife of Rolfe—I was never examined at the Sheriffs' Court as a witness—Rolfe told me he had a dispute with his master—I went, but not as a witness—I was going by, and went in—Rolfe did not live with me while my husband was at sea,—the lodgers I now have are two cap makers, and one man and his wife—I know the Crooked Billet—I used to go there, when I lived with Mrs. Williams—I did not go every night—I used to go sometimes when Mrs. Williams was there—I was not called Mrs. Williams, but Miss Williams—I was not in the habit of going to the Crooked Billet, and staying till 1 or 2 o'clock in the morning—I know the Black Horse, because I do not live far from it in Church-street—I took apartments with Mr. Richards, a surgeon—he did not turn me away for bringing men home
at night—he used to lock the door at 11 o'clock at night, and I wanted a key, and because he would not give me a key I left of my own accord—I have never gone by any other names than Isaacs, Henderson, and Williams—I never went by the name of Honnor, I was never called or addressed as Honnor by anybody—I was never in any difficulty in Germany, I was never charged with stealing: nothing of the kind—I was in service—one of my mistresses did not charge me with stealing—I have been at Berlin—when I came first here I stopped; I was never in prison there—I will swear that I was never charged with any offence at Berlin—I was not accused of anything.
MR. METCALFE. Q. Have you at any time whatever been accused of stealing anything, except the time when you were tried at the Middlesex Sessions? A. No; there is not one word of truth in any of those charges—the person owed me some money, and I would not let him go without paying me, and I sent for a policeman, and when he came the man said he had 15l. or 16l., and I took 5l. away from him—that was the time I was tried at the Middlesex Sessions, and then I was acquitted—I do not think there were any witnesses—I have never kept any house for any improper purpose—I have never allowed any girls to bring men home—those two girls did lodge with me a short time, till I found one did not behave herself and I ordered her to leave—I had not been to any public house, before I lost my money—the pawnbroker's where my things were, was at the other of Petticoat-lane.
COURT. Q. At the time you were charged with stealing the 5l. were you put in prison? A. I was taken into custody and afterwards went to trial; I appeared in Court—there were no witnesses, only the policeman and a little girl—I was called Sarah Williams, and I believe I was tried by that name—I never liked to change my name.
LEAH ISAACS . I am the sister of Mrs. Henderson, and am living in Church-street, Minories. On 13th Jan., I went out with Mrs. Henderson to Petticoat-lane—we went directly from the Minories to Petticoat-lane—we wanted to go to a pawnbroker's which is in Whitechapel, just down by Petticoat-lane—when we got into Petticoat-lane, I saw a stall with some pears on it—a little girl was outside, and Mrs. Barnett stood inside the shop—Mrs. Henderson bought a pennyworth of pears and she said, "Have you got any others?"—Mrs. Barnett said, "Yes, come inside"—Mrs. Henderson went in, and she came out and bought another pennyworth of pears—she had a basket in her hand, and she put the basket on the board, and took a sixpence from her porte monnaie—I saw it in her hand when she took the sixpence out, and she put the porte monnaie close to the basket on the board—the little girl came out, and Mrs. Henderson began to scream, and she caught hold of the little girl—she said, "Give me my money back, you have got my money"—when she took hold of the little girl, I did not see the purse on the board—it was gone—the little girl ran inside, and Mrs. Henderson was inside with her—I was outside—my sister began to scream inside, and she called me—I saw the little girl, and Mrs. Barnett, and Mrs. Henderson inside, and when I came in Mrs. Henderson caught hold of Mrs. Barnett's arm, and Mrs. Henderson told me to go for a policeman—Mrs. Barnett wanted to take out her arm from Mrs. Henderson's—I do not know whether there was any struggle, I went for a policeman—I did not see anything of the purse, after it was placed on the board—it was taken away, I could not see it, because I stood on the other side—I had seen the purse when we left home—I saw eight golden sovereigns in
it—I went for a policeman and brought one in a quarter of an hour, I could not find one before—when I came back, Mrs. Barnett came down with a candle in her hand.
Cross-examined by MR. BALLANTINE. Q. You saw the eight golden sovereigns? A. Yes; my sister's husband left her on Friday morning—he gave her more than eight sovereigns, she put some away and some in the porte monnaie—I am quite sure I saw her do that, I was standing close by her when she put some away, and some in the porte monnaie—I saw her count the money, and saw her put eight sovereigns in the purse—she told me what for—she told me she was going to take out some things—she only took one duplicate with her—she only wanted to take one ring from pawn—she showed me some more duplicates in the room, but she only took one with her—I am quite sure of that—I have not had a notice to produce some duplicates—some gentleman brought a paper, he asked me to take it and I would not, and he threw it on the floor—I said as Mrs. Henderson was not at home I would not take it, and the woman who lives down stairs took it—I do not know what came of it afterwards—it was not shown to my sister—I did not tell her, because I go to my work—I did not know my sister when she was passing under. the name of Sarah Williams—I have been in England fifteen months—I came from Germany.
THOMAS STAPLETON (City-policeman, 628). I was called to Mrs. Barnett's on 13th Jan., about a quarter past 3 o'clock—I saw the prosecutor, Mrs. Barnett, and several persons in the house—Mrs. Henderson was in the house, and she said she had lost a porte monnaie, and she charged Mrs. Barnett with receiving it, with eight sovereigns and a duplicate in it—she bought some fruit of the woman, and lost her purse from the window—there was a board outside the window, and fruit on it—she said she missed the money when she went to pay for the fruit—I did not see the little girl—there were a great many people; more than a hundred outside, and a great many in—I did not see any duplicates—I took Mrs. Barnett to the station house.
WILLIAM PARNELL (City-policeman, 653). I was sent for to Mrs. Barnett's house—the girl Phillips was given into my custody—Mrs. Barnett was in the shop round the counter—I heard what was said—I did not see any duplicates—I searched a drawer and found 23l. 10s. in gold, and 10l. 4s. 6d. in silver, a purse, and a penny piece—I told Phillips she was charged with stealing a porte monnaie, containing eight sovereigns—she said nothing about it.
Cross-examined by MR. BALLANTINE. Q. This woman, Barnett, with her husband, carries on a considerable business? A. I have been on the spot twelve years; she carries on a respectable business—I have known her husband nine or ten years, and known her about two yean carrying on the shop.
Cross-examined by MR. PARRY. Q. Do you know the girl Phillips? A. I have seen her at the next door to Mrs. Barnett's—I have seen her playing with the children in the neighbourhood—she is living with her grandmother and her aunt—I have always found them to be respectable people.
COURT Q. She is not Mrs. Barnett's servant? A. No; I have seen her in and out—I did not search Mrs. Barnett, she was searched at the station house, and no porte monnaie nor gold was found—I searched for the porte monnaie up stairs, and in the shop below, and the back parlour—I went first to the station house with the woman, and returned to search in about a quarter of an hour.
(The prisoners' statements before the Magistrate were here read, as follows:
Barnett says, "I know no more about it than a baby just born."—Phillips says, "I was standing by the stall, a little boy came under the stall and took the purse—I said to the little boy,' What have you got there?"—he said, 'It is not yours"—he ran up Boar's Head-yard—I saw the silver shining on the purse—when that lady took hold of me, she said, 'I will search you to see if you have got it about you.'"
(The prisoners received good characters.)
NOT GUILTY .
THIRD COURT.—Thursday, February 2nd, 1854.
PRESENT—Mr. Ald. HUNTER; Mr. Ald. MUGGERIDGE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
PLEADED GUILTY .— Confined Six Months.
(The prosecutor gave him a good character, and recommended him to mercy.)
290. JAMES WALDRON , burglariously breaking and entering the dwelling house of George Drakeford, and stealing therein 26 handkerchiefs, 20 yards of ribbon, and other articles, value 9l. 17s. 6d., and 5s. 8d. in money, his property; having been before convicted: to which he
PLEADED GUILTY . Aged 29.— Four Years Penal Servitude.
WILLIAM SMITH (City-policeman, 244). On Saturday evening, 7th Jan., at 20 minutes to 7 o'clock, I saw the prisoners standing by the pitching block, at the corner of the Old Bailey—I saw them come from Newgate-street, and followed them into Skinner-street—Moss had something done up in this wrapper (99produced) on his back, and his left hand was on Burn's right shoulder—I asked them what they had there; Burn said it was meat—I asked him where he was going to take it; they both replied, "We are going to take it to the bottom of Holborn-hill," and that a man had engaged them to carry it close by the pitching block, and was going to give them 5d.—I told them they had better stop and let me see who the man was who had engaged them—Moss said "Take it off my shoulder; I cannot keep it on my shoulder if I am to wait"—I took it off his shoulder, and placed it under the wall—he said, "I will go and get the man, and bring him for you;" he went away, and I kept Burn and the beef—I waited twenty minutes; and finding he did not return, I took Burn and the beef to the station house—this ticket (produced) was skewered to the meat, which led to its being identified—Moss was apprehended by my description of him, and was brought to the station on the following Wednesday.
WILLIAM COOKE . I am in the service of John Saul, a meat salesman, of Newgate-market—this ticket is my writing—I left it skewered to some meat in a cloth in the middle of the shop, when I left on Saturday, about half past 4 or 5 o'clock—I missed it when I came on Monday morning—I know the wrapper produced; it belongs to the party in the country, who sent it up with the meat, but it was in Mr. Saud's care.
URIAH TRUE (City-policeman, 257). From information I received, I took Moss on the Wednesday morning, between 9 and 10 o'clock—I told him the charge; he said he knew nothing about it—he said at the station that it was a bigger boy who took it.
Burn's Defence. I met with an accident, and went under an operation on Wednesday or Thursday; if it had not been for that I should have been at work.
(Burn received a good character from his master, who engaged to take him back again.)
BURN— GUILTY on 2nd Count. Aged 15.—Recommended to mercy by the Jury. — Confined Fourteen Days.
MOSS— GUILTY on 2nd Count. Aged 16.—He was further charged with having been before convicted.
CHARLES DANIEL (policeman). I produce a certificate (read—"Middlesex Sessions, May, 1851, Thomas Moss, Convicted of stealing money from the person—Confined Six Months")—I was present, and had him in custody.
GUILTY.**— Confined twelve months.
292. GEORGE PINNUCK and THOMAS CLINKER , stealing 6 sacks, 2 copper boilers, and 172 pounds of lead, fixed to a building; the goods of Philip De Berranger—2nd COUNT, not stating them to be fixed—3rd COUNT, feloniously receiving the same.
MR. METCALFE conducted the Prosecution.
RICHARD DAVIS (policeman, 366 N). On the morning of 24th Jan., I had information of a robbery at Mr. De Berranger's, Old Park-farm, Enfield; in consequence of which I went on the road between Tottenham and Kingsland, the main road, not the Green-lanes—about 8 1/2 o'clock in the morning, I saw a pony and cart in the Kingsland-road, near the Alms-houses; "George Hart, dealer, Edmonton," was on the cart—a man named Joshua Staker was with it—it was going in the direction of London—Miles, another constable, was with me—we followed it down to Mr. Campbell's 200 or 300 yards; he is a marine store dealer—I know the Queen's-head, in the Green-lanes; it is in Tottenham parish, about five miles from where I first saw the cart—that would not be an unusual place for the cart to be in, going from Enfield to London; if you go by the Green-lanes you would pass it—there are two ways—the driver got out at the marine store shop, and stood on the pavement some few minutes—the two prisoners came out of Campbell's shop, and entered into conversation with the driver for some few minutes—I then lost sight of the driver, and did not see which way he went, but Clinker took hold of the pony by the head, and moved him from the gutter, where he was drawn up, into the middle of the road—we stopped at Mr. Campbell's, and Miles spoke to him—the prisoners were not there—we followed the cart, and saw it stop at the White Hart; they both went into the house, and before we got to the door Clinker came out, and Miles took him into custody—I went into the house, and apprehended Pinnuck—we searched the cart, and found these two coppers and this lead, with some sacks covered over them, and a quantity of hay sprinkled over—I know the lead by this mark, something like an arrow, which I put on it twelve months ago, when there were a great many robberies—the coppers were fixed to the building, and the lead was placed round them—there is about 170 pounds of lead—I took the coppers back, and they both fitted.
pony cart on the road; we followed it—it stopped at Campbell's; it was driven by a person who got away—the prisoners came out of Campbell's—Clinker took the pony by the head and led it, we followed them to the White Hart; they were both taken there, and the property was found in the cart—I asked Clinker when he came out if he was in charge of the pony and cart; he said "Yes"—I said, "What have you in the cart?" he first said he did not know; on a second question he said he believed it was a copper—he refused to give any account of it—I asked him where he brought it from, and he made no answer.
Cross-examined by MR. CLARKSON. Q. Did not he say he knew nothing about it, but he believed that it was a copper; and did not you ask him where he brought it from, to which he replied that he knew nothing about it? A. That is what I mean.
CHARLES CAMPBELL . I keep a shop in the Kingsland-road, and deal in iron, rags, and metals. On the morning of 24th Jan. two men resembling the prisoners came to me, but I cannot swear to them—they were not a minute in the shop—they asked me if I was a buyer of metals—I buy almost exclusively of the trade, and declined buying of strangers—I neither saw nor heard what the property was, nor did I see the pony cart.
HENRY PAINE . I am ostler to the Queen's Head, Green-lanes, Tottenham, about five miles from Enfield. On the morning of 24th Jan. I saw a pony cart at the door—I do not know what name was on it, as I did not go near it—Clinker and a person named Hart was with it—I do not know Hart's Christian name—the pony was not fed in my presence, but Clinker came into the stable to me, and asked me to give him some hay, which I did—I had seen the men before, but not together—I do not know Pinnuck—I do not know how long the men remained; I saw them together, drinking a pot of beer—I did not see Clinker within fire or six yards of the cart—that was before I gave him the hay.
ROBERT LAMBERT . I am clerk to my father, George Lambert, who formerly lived at Old Park-farm, now occupied by Mr. De Berranger—these coppers were set on the premises when we occupied them—I marked them, and I find my mark on them, and on the lead also.
Cross-examined. Q. You marked them before they were lost? A. Yes, about twelve months ago.
JOHN BOREHAM . I am in the service of Mr. Philip De Berranger—he is the owner of the farm—these things belong to him—they were safe on the previous day, and were missing when I got up on Tuesday, 24th Jan.
(Clinker received a good character.)
PINNUCK— GUILTY of receiving. Aged 30.— Confined Twelve Months.
CLINKER— GUILTY of receiving. Aged 40.—Recomnended to mercy by the Jury. — Confined Four Months.
JANE HAYNES . My husband's name is William; he is a stationer, of Fetter-lane. On Tuesday, 27th Dec., the prisoner came for 1l. worth of postage stamps for Mr. Williams, a printer, of New-street-square—I put the stamps close to where he stood—I did not hand them to him, but turned to put 3s. worth in the window—he said, "I cannot wait," and threw down something, which I knew by the sound was not a sovereign—I called, "Stop him!"—a little girl tried to stop him—he pulled the door after him, and ran off with the stamps—I am quite sure he is the person.
ESTHER PHILLIPS . I was waiting at Mrs. Haines's for something, when the prisoner came—he asked for 1l. worth of stamps, for Mr. Williams, of New-street-square—Mrs. Haines put them on the counter; the prisoner snatched them up, and ran out of the shop before I could catch him.
Prisoner. You said at the first examination that you could not swear to me? Witness. I did not.
GUILTY .—Aged 23.— Confined Four Months more
294. NICHOLAS BARRY, WILLIAM JOHNSON , and FREDERICK FLOWERS , burglariously breaking and entering the dwelling house of John Harnett, at St. George's, Bloomsbury, and stealing 8 scent bottles, 2 sets of dentist's instruments, 6 surgical saws, 48 agates, 1 cash box, and other articles, value 11l. 13s.; his property.—2nd COUNT, feloniously receiving the same.
MR. PAYNE. conducted the Prosecution.
JOHN HARNETT , I am a dentist, of No. 45, Museum-street, in the perish of St. George's, Bloomebury. On Thursday, 29th Dec., after 1 o'clock in the morning, I went to bed—I and my wife were the last persons up—we only had to go out of the drawing-room into the bed-room on the same floor—I am sure the shop window was shut down, and I believe it was fastened—I came down in the morning about 10 o'clock, and missed forty-eight agate stones, eight scent bottles, two sets of dentist's instruments, six surgical saws, twelve swivels, a bracelet, a necklace, and a cash, box, which I had seen safe during the day before—I saw marks of corduroy trowsers in the snow outside the shop window, and there were footmarks in the snow on the wall which leads from Little Russell-street—there were some repairs being done in Little Russell-street, and some planks were placed against the wall, which would enable persons to get up—my servant, who was the first person up, is not here, nor is my wife.
THURSTON CHALKER (policeman, E 125). On Thursday morning, 29th Dec., about half-past 3 o'clock, I was in Museum-street, and saw Johnson and Flowers, who I knew before, come out of the end of Little Russell-street, into Museum-street, about three doors from Mr. Harnett's house—they were coming in a direction from a wall at the back of Museum-street and Little Russell-street, which was undergoing repairs—I followed them as far as Drury-lane only.
ELIZABETH ADE . I am the wife of William Ade, but have not been living with him these eight years. I live at No. 15, Short's-gardens The prisoners lived in the same house; I was sitting at work is the kitchen, and Johnson and Flowers asked me if I would go and pawn two smelling bottles and a necklace, and they would pay me for my trouble—I pledged them in one parcel for 18d. at Mr. Dobree's, I think it was between Christmas and New Year's day, I did not know the value of the necklace—I also pledged some smelling bottles for them at Mr. Hall's, at the corner of Norfolk-street for 1s., which I gave them with the 18d.; also another smelling bottle at Mr. Livermore's, in Drury-lane for 1s., which I gave to them, and a case of instruments for 2s. at Mr. Dobree's—I gave them the 2s., and they gave me 6d. out of it.
COURT. Q. Did not it occur to you as rather strange that they should have a case of instruments? A. No; and of course when I came back I did. not think more of it—they did not show me all the things together.
Fitzroy-square, a pawnbroker. I produce two smelling bottles, pawned on 29th Dec. by Mrs. Ade in her own name for 1s.
EDWARD CATTARNS . I am in the service of Mr. Dobree, a pawnbroker, of Charlotte-street, Fitzroy-square. I produce two smelling bottles, a necklace, and a case containing seven dentist's instruments—the smelling bottles and necklace were pledged for 18d., and the instruments for 2s.—the necklace is made of amber and I suppose it is worth 1s., it is a sort of thing I should not take in by itself—it is not worth 2l. 10s.
JAMES WILLIAM . I am a bricklayer, of No. 4, Newton-street, Holborn On Tuesday 3rd Jan., I was in a public house in Dean-street, Holborn—the prisoner Barry came in, between 3 and 4 o'clock—he showed me an agate stone, saying he knew a person who had some to sell, and asked where he could sell them—I said, "I dare say Mr. Rule in Holborn will buy them"—he asked me where it was, I said I was going home and would show him—he walked with me, and gave me twenty-four stones going along—I went into Mr. Rule's, and asked him if they were of any value—he sent one of his workmen out, and he came back with two females, who told me that the things had been stolen from their house—I was called into the parlour, and while I was talking Barry came in, and asked me what made me so long—Mr. Rule told him that the things were stolen, and that he must detain him as well as me—Barry said at once that he gave me the stones, and that he could prove where he got them—he described the other two prisoners to the policeman, and they were taken into custody.
HUGH WILLIAM RULES . I am a refiner, of No. 175, High Holborn. I produce these twenty-four agates, they were brought to me by Williams on 3rd Jan.—I detained him for three quarters of an hour, and Barry came in and asked me if anybody had been to dispose of some stones—I said, "Yes," and that I had detained him" and wanted to know where they came from—he said he did not know anything about it, and I said, "I must detain you as well"—I fetched an officer, and gave them into custody.
Barry. Q. Did I not, when you said you should detain me tell you directly where I got them? A. You said you would take me to the person who gave them to you; you were outside my door when my man was standing there keeping Williams inside—I did not come out and say to you, u What have you got to put away any man?"—nothing of the sort, you only asked me if a person had come in to sell stones, and I said, "Yes, I have detained him, what do you know of him?"—you said, "I sent him"—and I said, "I shall detain you also."
WILLIAM DIXON (policeman, E 81). I was called to Mr. Rule's shop on the afternoon of 3rd Jan., and Barry and Williams were given into my custody—Barry told me where I could go and take the other two, who had given him the stones—I went to No. 15, Short's-gardens, and took the other two prisoners in the kitchen—they asked me why I took them, I said it was for sending Barry out with agate stones to sell—I took them to the station, Barry was there and said, "Those are the two men who gave me the agates."
Johnson. There were three of us taken. Witness, Yes; but Barry pointed out you two.
JOHN HARNETT re-examined. These articles are mine—this necklace is not worth much, but there were a number besides this—I have not found the cash box, that was the principal thing, as it contained various acceptances, checks, and I O U's, which it is impossible to say the value of, some of them were bills I bad received money on—the value of the property taken, exclusive of the cash box and contents, is from 10l. to 20l.
Barry's Defence. I am innocent of the robbery.
Johnson's Defence. I am quite innocent; I know nothing of the charge at all; there were three of us taken out of the kitchen, and there are about twenty or thirty boys there.
Barry's statement before the Magistrate was here read as follows: "These two men can clear me if they like; I know nothing about it."
BARRY— GUILTY of receiving. Aged 30.— Confined Six Months.
GUILTY* of stealing in the dwelling house. Aged 17,— Confined Eighteen Months.
295. FREDERICK GREEN, ALEXANDER GREEN , and THOMAS BURDETT , burglariously breaking and entering the dwelling house of George Thomson, and stealing therein 26 watches, 30 chains, 24 rings, and other articles, value 160l.; his property: to which
FREDERICK GREEN PLEADED GUILTY . Aged 18.
ALEXANDER GREEN PLEADED GUILTY . Aged 20
Four Years' Penal Servitude.
BURDETT PLEADED GUILTY , and received a good character. Aged 18.— Confined Eighteen Months.
PLEADED GUILTY . Aged 19.— Confined Six Months.
FOSTER PLEADED GUILTY .— Confined One Month.
ROCHE PLEADED GUILTY and received a good character.— Confined Fourteen Days
PLEADED GUILTY .— Confined Six Months.
MR. MONK conducted the Prosecution.
RANDALL STAP . I am clerk to Mr. John Walker, a corrugated iron merchant and contractor of works in different parts of the country. He bad servants engaged on the execution of works at Gravesend, for which he had contracted at Christmas—the prisoner was in his employ at Gravesend, as superintendent of the works—his duty was to pay the men wages—he had to send a statement of the money he should require for wages, every Friday—on Friday, 6th Jan., I received from him, in the ordinary course, a statement of the money he should require—this is it (produced)—it is in his writing—on the following day I gave a clerk of ours, William Neary, 20l. to take to the prisoner, and it was the prisoner's duty to send up as
account of how the money was expended—he did so—this is it—(produced) it is in his writing—is was my master's money that I sent.
Cross-examined by MR. RIBTON. I am clerk and cashier to Mr. Walker. The prisoner had the superintendence of the workmen at Gravesend, and had liberty to hire a portion of them himself—Mr. Walker allowed him to have whatever number he thought necessary, and to arrange their wages with them; but he had to leave it for Mr. Walker's approval—the accounts are sometimes sent to Mr. Walker, and sometimes to me—it is very probable that this paper was posted on Friday afternoon—it is not directed to me—he may have had some private communication to make to Mr. Walker with respect to the works—to the best of my recollection, one of them was addressed to me—this endorsement is mine; I made it some little time after I had the paper—the amount here is 20l. 2s.—that would be the amount to pay the men for a week's wages, but I do not know whether it was up to Thursday night or Saturday night—it is usual for us to pay them up to Friday night—we sometimes send by crossed check, but on Friday night the amount was sent down by a clerk in money—he changed the check—the prisoner ought to send us on the following Monday an account of how he had expended the money, but sometimes it came on Tuesday—the second appears to be a mere copy of the first—they sometimes differed—he puts down at a rough calculation the amount he thinks he shall require for expenses, and we send him the sum he requires by the paper—if the expenses are more, he would pay it out of his own pocket, but that has never happened, according to our books—I know he has always had a balance in hand belonging to Mr. Walker—he has never overpaid—I am certain of that—we should know the exact amount on Monday or Tuesday, when he sends to us—if there was a balance in his hands, I should give him credit for it in the next account—the first paper means, "I want so much money;" and the second, "I have paid so much money"—in the corner of the paper you will see that the prisoner was allowed three guineas salary besides other expenses—(the papers being read, were both alike; they were headed, "Week ending Jan. 7th," and contained the following entries—"Hotchkiss, 5 days and 7 hours, at 5s., 1l. 15s.;" "Mullander, 7 days at 4s. 6d., 1l. 11s. 6d.;" "Wren, 7 days, 1l. 4s. 6d.;" "Blackman, 7 days, 1l. 1s.;" "Wheeler, 5 days at 3s., 15s.;" then followed the names of other workmen—"Bagshaw,"" Rhodes," &c., amounting to 14l. 19s. 4d., to which was appended a paper containing charges for "hire of boat, 6s.; loan of ladder, 8 days, 4s.; lodgings, travelling expenses, stamps, paper, &c., making a total of 20l. 2s.")
Cross-examined. Q. What time did you see the prisoner and give him the money? A. A little after 9 o'clock on Saturday night; I was not able to leave the office before—the prisoner told me that he had borrowed money to pay the men, and that he had paid some of them in part only.
WILLIAM HODGKISS . I am in the service of Mr. Walker—I was working for him at Gravesend, in the first week of the present year,—I worked five days seven hours and a half, that week, at 5s. per day, but in consequence of the situation I held, I was entitled to be paid full time, and received of the prisoner 1l. 10s., and 3s. for lodgings; I received nothing more that week.
Cross-examined. Q. Were you paid before 9 o'clock on Saturday? A.
Yes; and the prisoner said he had got that on his own account, at he had not received the money from the office at that time—that was the only time since I have been on the job that the money has been so late—I had not to receive anything for travelling expenses—I had received my expenses for going down, and was to have them again for going up again—I do not know why seven days are charged; we do not work on Sundays—there was not a day over from the previous week—I know a pier man named Fox; he is not called Waterloo to my knowledge.
MR. MONK Q. Is the overtime counted separately? A. It is counted in with the other time, and is added as part of another day.
ALFRED RHODES . I am a blacksmith. A little after Christmas, or in the first week of this year, I worked for Mr. Walker, for two days and a half, at 3s. 6d. a day—there was no other person named Rhodes in his employ to my knowledge—the prisoner, has never paid me, but I have been paid.
Cross-examined. Q. When was it you worked, before Christmas? A. I think it was—the only other person of the same name there is my brother James; he is not here.
MR. MONK. Q. What makes you think it was before Christmas? A. Because I have worked at another place since I left there—I did not take notice how long before Christmas it was—I believe it might hare been before Christmas.
COURT. Q. Do you know of your brother James working for the prosecutor? A. No; he is walking about out of work—I was not walking about with him—I cannot exactly say where he was in January.
WILLIAM HODGKISS re-examined I have worked for Mr. Walker ever since the job began—I know of no person named Rhodes working on the job in the first week of the year, except the last witness—I know that it was after Christmas that he was working there.
Cross-examined. Q. What part of the works are you employed on? A. As foreman and time keeper—the work is, covering the pier with an iron roof—the prisoner superintended there and had to pay the men—as far as I know his attention was confined to those works; I cannot say positively.
WILLIAM WHEELER I am a pier man at Gravesend, and have been so nearly twenty years—there are only three pier men, but the watermen occasionally serve there as piermen—I am pretty well acquainted with the piermen and the watermen who ply there; there never was one named Waterloo that I know of and I do not know how it could have escaped me if there had been—the only amount I have taken of the prisoner was 3s. 6d. on one occasion, and also 2s. 6d. for a Christmas box.
Cross-examined. Q. There are other men about the pier besides yourself? A. Yes; two—I know Fox; I never heard him called Waterloo—another pierman is named Busbee—I cannot say whether he would have some money; he would have if he worked—I have no knowledge of his working—I only rendered a little assistance at one time.
JAMES BALCKMAN . I have been in the employment of Mr. Walker at Gravesend—I worked for him one week; the week ending 7th Jan.—I worked five days seven hours and a half, at 3s. per day; that amounted to 17s. 3d—the prisoner hired my boat that week at 6s. per week; he paid me 1l. 3s. 3d., including the boat.
Cross-examined. Q. Was anything left standing till the following week? A. Yes, an odd day; we always leave a day back upon hand, up to Friday night.
JAMES BRETT (policeman). I took the prisoner in charge on the 24th, but I had been searching for him since the 16th—I was instructed to find him on the Monday after the Saturday night, when the money was paid—he was apprised of it on the 16th—he was sent for to the office, but did not go, he sent his wife.
Cross-examined. Q. You found him at Camden-town on the 24th? A. Yes.
RANDALL STAP re-examined. On Sat., 13th Jan., the prisoner sent for 20l. by a telegraphic message, to pay the following week's wages, and on that I went down to pay the men; there was no voucher sent for the boat.
GUILTY. Aged 40.—Strongly recommended to mercy by the Jury. — Confined Six Months.
NEW COURT.—Friday, February 3rd, 1854.
PRESENT—Mr. Ald. WILSON; Sir CHAPMAN MARSHALL, Knt, Ald.; and Mr. RECORDED.
Before Mr. Recorder and the Fifth Jury.
300. JAMES BOYD, JOSEPH FLOYD , and EDWARD SYMES , were indicted for stealing a variety of gold rings, bracelets, and other articles, value 1,000l.; the goods of Alexander Alexander, the master of Boyd: to which
BOYD PLEADED GUILTY. Aged 22.— Judgment respited.
MR. BODKIN conducted the Prosecution.
JAMES BOYD (the prisoner). I was in the service of Mr. Alexander, of Hatton-garden, for two years and three months, as groom—I drove a brougham—his stable is in King's-road, Gray's Inn-lane—I know the two prisoners—I became acquainted with Symes eighteen months ago, at the Bagnigge Tavern, and I used to see him occasionally as he drove his cab, and I have seen him at the Yorkshire Grey, at the corner of King's-road—the last cab he kept was at Mr. Rackstraw's, in Gray's Inn-lane, opposite the King's-road—the first time I saw Floyd was in Sept. last—I saw him in Brydges-street, Covent-garden; Symes introduced me to him—he drives a cab—he has two horses—the cab is not his own, he says, but he hires it—I have seen him at other places besides Brydges-street; one night I saw him at the Mogul, in Drury-lane; that was before the robbery—the robbery (took place on 13th Dec.—I had seen Floyd about a week or a fortnight before that—I saw Symes on the day the robbery was committed, at the Yorkshire Grey, from 10 to half-past 10 o'clock in the morning—he asked me if I was going out with the brougham—I told him I did not know—I went back to the stable at dinner time, about 1 o'clock, to feed my horse, and I saw Symes again; he was there when I got there—he asked me if I was going out with the brougham—I said I was going out at half-past 2 o'clock, and he then said he would have a parcel out of the brougham (my master was in the habit of carrying parcels in the brougham)—when he said that I said he should not have it—he said he would have it—I said he should not—he said he would go and fetch Floyd and his cab.
Q. Had you had any dealings with Symes before about any gold chains? A. Yes—when he had the chains he took the parcel from the brougham.
Q. When you said he should not have the parcel out of the brougham, did he say anything about the chains? A. Yes, he said if I did not let him
have the parcel out of the brougham he would tell my master about the parcel of chains, and get me transported—he then went and fetched Floyd with his cab—when he left me I got the brougham ready, and went with it with Mr. Pike in it—I went to the City, and as we were returning to the Strand, I saw Floyd and Symes on Ludgate-hill—that was the first time I saw Floyd that day—he and Symes were both outside Floyd's cab; they were following my brougham—the first place I went to in the Strand was to Mr. Henderson's, opposite the Lowther Arcade; he has a jeweller's shop there—Mr. Pike got out at Mr. Henderson's, but there being some persons in the shop he went over to Mr. Alexander's, at the corner of the Lowther Arcade—I remained at Mr. Henderson's door with the brougham—Symes then left Floyd's cab, which was opposite, on the same side as the Lowther Arcade, on the Charing-cross side of it—Symes came to me, and said "You had better let me have the parcel now"—I said, u I won't; you had better go away"—he went away to Floyd's cab, and came back, and said, "You had better let me have it now"—I told him I would not, and he said, "If you don't let me have it I will tell your master, and get you transported about the other parcel"—he then told me to look in the shop window while he took the parcel away—I did not see him take anything out of the brougham—I could not say whether the door was open—my master could not say whether the door was open or not when he came to it—I did not see any more of Symes—the cab was drawn away; I did not see it go—it was gone in less than three or four minutes after Symes said this to me about looking is at the window—I suppose it might have been twenty minutes or half an hour before Mr. Pike came—he did not get in the brougham, he went to Mr. Henderson's, and then he went to Messrs. Williams and Clapham's, and when he came back to the brougham he missed the parcel—I did not see anything more of Floyd or Symes that day—I saw Symes the next morning, about 10 o'clock, at the Yorkshire Grey—he gave we half a crown, and said he was going away for a day or two—nothing more passed at that time—I saw him again about the Wednesday week afterwards—he was away four or five days—I saw him again at the Yorkshire Grey—during his absence I saw his wife; she came to me at the Yorkshire Grey—I received money from her while he was away; I cannot say how much; I suppose I received 14s. or 15s. at different times—she used to come there every evening—when Symes returned, on the following week, I saw him at the Yorkshire Grey—he did not say anything to me or I to him about what had happened between me and his wife during his absence—he did not say much to me in the evening, but he said in the morning he had sold the property for 95l., and 4l. he gave the man for selling it, and 1l. for melting it down, and he said he had got my share of the money, and he would take care of it, and he would buy me a cab and two horses if I would say nothing about it—I had 10l. of him in money altogether, in a pound or a couple of pounds at a time, at his house—that included the 15s.—I went to his house; he lives at No. 35, Liquorpond-street, Gray's Inn-lane, in a room up stairs—I went there one evening after I came home from driving my master, and I found the things all scattered about in the room—the lock was turned; the bolt of the lock was shot, but the door was open—there was no one at home—I did not see him or his wife that day—I went up to his place the next morning, and his wife was at home—she said something to me about the room—I went again in the evening, and found Symes there—he directly turned round and abused me, and accused me of breaking his place open, and taking what money there
was there—I told him I knew nothing about it; I had gone there for some money—I had not then been discharged from my place—I was at that time in the habit of associating with a woman named Elizabeth Pullen; she is a woman of the town—I had become acquainted with her through Symes taking me down into her company; that had been about six weeks—I knew nothing of her till Symes took me into her company—I had not seen her before.
Q. Did you go anywhere else? A. Yes: I went with Elizabeth Pullen to Floyd's place, No. 43, Woburn-mews, Woburn-place—I saw a boy there—Floyd was not at home—I saw him walking in Woburn-place—I told him that Symes had accused me of taking the money, and breaking his place open—Floyd said, "If you don't say anything about the robbery, I have got two horses, and I will give you one, and you shall work half my number"—that I should work half the day—Floyd then told me that the property sold for 95l.; he said he paid 4l. for selling it, and 1l. for melting it—he said Symes was a scoundrel, and he thought he would do it for us—I thought he meant that he would give information—Floyd then came with me to Symes's place—we saw his wife at the door; the said Symes was ill, and in bed—we did not see him: we made an appointment to go the next morning—I did not go—when Floyd told me what the property was sold for, he said he filled the bag with stones, and chucked it over Southwark Bridge—I did not see Floyd after that till he was in custody—I saw Symes a day or so afterwards, at the Yorkshire Grey, and he said he would pay me an equal share of the money after he got to work, if I would say nothing about it—after that Symes and I were in the Strand; we met Elizabeth Pullen and Susan Kelly—we went with those two women to the George public house, in the Strand; we had a half pint of gin—we then all four came out; Kelly, I believe, stopped in the Strand, and Symes, and I, and Pullen went in a cab to Gray's-lane—Symes spoke to Pullen about showing his two rings—he said she had been showing his two rings to a parcel of people—she said she had not shown them to anybody—he then asked her for the duplicate of a pin—she said she had not got it with her, she had left it at home.
Q. Did Pullen at any time say anything to you about seeing a lot of money? A. Yes; and I said to Symes, "Pullen says that you showed her a lot of money in a bag"—he said he had not—I said Pullen had told me that he had—he still said he had not—I saw Symes afterwards, up to the time when I was taken in custody, which was this day four weeks; the 6th Jan.—I was remanded to the House of Detention at Clerkenwell—my brother came to see me there, and Mrs. Symes came twice—my brother's name is Charles Boyd; he has been a seaman—I went to the House of Detention on a Saturday, and I saw my brother on the Monday—I made a statement to him about this transaction—when I saw Floyd he told me the property had fetched 95l.—he said they had taken it to Jog Wood, who had offered 50l. t and they would not take it, and they took it to a place called the Stew, in Petticoat-lane.
Cross-examined by MR. PARRY. Q. Since you have been in gaol on this charge, have you made any statement to the gentleman who conducts this prosecution? A. I did yesterday; I did not send for him—I said to my brother if he would send anybody in I would make a full statement—I did not say I hoped they would deal leniently with me if I made a statement—I do not expect the slightest benefit from it—that is perfectly true, that I do not expect the least benefit from what I have said—I do not expect the
least advantage from what I am stating to-day—I have done it to tell the truth—my brother has come to see me on the visiting days—he came to the House of Detention every day, barring Sundays, and he has been twice to Newgate, I think—I did not sleep at my master's house—I have known Elizabeth Pullen about a month or six weeks, altogether—I knew her about three weeks or a month before the robbery—I was not living with her—I never slept at her room before the robbery—I did not visit there till after the robbery—before the robbery I used to go with Symes to visit her, in the Strand—I never went anywhere else—I have not seen Mr. Alexander since I have been in prison—I have not had any communication from him—Floyd and Symes followed me on a cab down Ludgate-hill—I was ordered to be at my master's door in Hatton-garden at half past 2 o'clock—I suppose it was very near 5 o'clock when we got to the Strand, where we stopped—we did go to Cornhill—I cannot say whether Floyd and Symes followed us to Cornhill—the first time I saw them was on a cab, following us on Ludgate-hill—I drove straight en to the Strand; I got to Mr. Henderson's about a quarter before 5 o'clock—I went to see Pullen, and stopped with her for about a week; that was after the robbery—I was living with her in Holborn-buildings—I kept her; I did not board there—I paid for what I had, and whatever she had, while I was there—I was still in Mr. Alexander's service.
CHARLES BOYD . I am the brother of the last witness. I live at No. 32, Caroline-street, Camden-town—I am a pensioner from the Navy—I know the prisoner, Symes; he was frequently in my brother's company—I have frequently seen them together in the Yorkshire Grey, in Gray's-inn-lane—I heard of my brother being taken up for robbing his master, on the Saturday after he had been taken on the Friday—I went to the House of Detention on the following Monday, and saw my brother there—he made a statement to me about this transaction—in consequence of that I went to Floyd, in Brydges-street, Covent-garden, on the same day—he was not there when I went; I waited, and he came on the rank with a cab—I told him I was the brother of Mr. Alexander's coachman—he said he did not know my brother—I asked him if he knew anything about the brougham robbery; he said, no, he knew nothing about it—I told him I knew all about it; my brother had told me that Symes took the property from the brougham, and he conveyed it away in his cab, and my brother told me that the property fetched 95l.—he said, "Yes, that was all it did fetch"—he afterwards said that he and Symes and my brother met at the Mogul in Drury-lane on the Wednesday evening—he said he had his share of the money, and Symes had the other two shares—he had one for my brother, and one was his own—he said he would get my brother a counsel—I made a communication of this conversation to the police, and the same afternoon Floyd was taken into custody—the same evening, after Floyd was taken into custody, I went to Symes, in Liquorpond-street; I found him in bed—I asked him what he was going to do for my brother; he said he could do nothing—I told him I had locked Floyd up, and he said I was a fool for so doing, because Floyd was the man that could get a counsel for him—he knew my brother was locked up—I told him I had seen my brother that day in the House of Detention, and he had told me all about it—he said that my brother had had 6l. more than his share of the money—I told him the property was sold for 95l.; he said, "That was all it fetched."
Cross-examined by MR. PARRY. Q. What age are you? A. Thirty, last August—I knew my brother while he was in Mr. Alexander's service—I
used to see my brother once a week, or sometimes oftener—he did not live at Mr. Alexander's; he lodged in Portpool-lane, in Gray's-inn-lane—he was an out-door servant—I did not go to Mr. Alexander's to see him—I have seen him in Hatton-garden, at the door—I have not done much lately—I have not been able to do much lately, my leg will not allow me—I have earned such a thing as 3s. or 4s. or 5s. a week—it is about four months since I had any regular employ—I lived at the Talbot, in Gray's-inn-lane, for nine months—I have a bit of a pension of 5s. a week—I had no regular employ before I was at the Talbot—I had 42l. 15s. wages to take when I came home from sea—I have nothing to live on at present, but my wife goes out ironing.
Q. Have you yourself ever been in any little difficulty? A. I answered that question at the police court; I told you I had—it was for being concerned with others in a robbery—I do not know exactly what the robbery was—it is many years ago—I am not brought here to be convicted now; I came to speak what my brother told me.
Q. Do you mean to tell these gentlemen, that you could be concerned with others in a robbery, and forget what it was? A. It was for a pair of boots; it is a very long time ago—I was only fourteen years of age—there were two in that robbery—I have been in trouble twice—the other robbery was the same as the first—it was another pair of boots in 1839—I was tried in this Court—I got three months for that, and three months for the other—those are the only little difficulties that I have been in—I was locked up for being drunk—those two pairs of boots were not stolen from the same shop; the last pair was at King's-cross, and the first was at Sloane-street—I saw my brother on Thursdays, Saturdays, and Mondays, since he has been here; I saw him at the House of Detention almost every day—I never had any money from my brother—I borrowed one shilling; that was the heaviest sum I ever had of him.
MR. BODKIN. Q. When did you go to sea? A. When I was about sixteen; that was after both those stealings of the goods—I went as boy on board a man-of-war, and served till 1851—I fell from aloft on board the Cleopatra, and broke my thigh—I left the navy in consequence of that accident, and I have received a pension ever since.
COURT. Q. How did you get on board a man-of-war? A. I went into the Marine School; I got recommended there from a gentleman in the City—I got there as soon as I came out of prison.
ELIZABETH PULLEN . I live at No. 7, Holborn-buildings; I have lived there about twelve months. I have known the prisoner Symes about twelve months—I never lived with him—I have drunk with him several times—he has been at my lodgings—I am an unfortunate woman—I know James Boyd, who was coachman to Mr. Alexander; I have known him from about a fortnight before Christmas—I became acquainted with him by Symes bringing him to me to the Strand—that was the commencement of my acquaintance with him—he afterwards visited me—he stayed at my room several times—he slept there—I heard of Mr. Alexander's robbery afterwards; I saw it in the bills—I do not know where Boyd was living at that time—I saw him previous to that time, and I saw him after I saw the bills—after I had been introduced to James Boyd, I received from Symes two rings; one had five diamonds and four rubies, and the other had two rubies—I received them at Mrs. Taylor's public-house, in Crown-court, Fleet-street—when Symes gave them to me, he asked me to take care of them till the morning—that was on 13th Dec, at night—I took charge of them—he gave
me at the same time a pawn ticket of a pin; he said I might do anything I liked with that—I saw him at that time in possession of a quantity of gold, sovereigns and half sovereigns, in a canvas bag—I know Susan Kelly; she was at that public-house that evening—she was not there when Symes gave me the rings and the duplicate; she went out before—I saw her afterwards the same night, and showed her the rings—on the following day Symes. came to my lodging—he asked me for one of the rings, and I gave it him; it was the one with the five diamonds—nothing passed between us on that occasion—on the following day I saw him again; he came for the other ring—I gave it him—he said he was going into the country, as he was afraid something was found out, and I was not to say anything about the rings—I next saw him on the Friday before Christmas—he came to my lodging, and he said I had shown the rings to some one, and he was in a great passion—he did not mention anybody in particular; he said, "to somebody"—I said I had not—I said, "Where is Jem?" meaning Boyd—he said I should see him soon—when he spoke about my showing the rings, he said he would put my light out—I understood by that that he would kill me—he did not say anything about what had become of the things—on the following evening I saw him, along with Boyd, in the Strand, and Susan Kelly was with me—I spoke of Boyd as Jem; I did not then know his name, nor in whose service he was—we met Symes and Boyd in the Strand—we went into the George, just by St. Clement's Church—we had something to drink—we did not remain there very long—we came out, and I went away with Symes and Boyd, in a cab, as far as Gray's-inn-lane—we left Symes there, and Boyd accompanied me home—before Symes left, he asked me for the ticket of the pin—I said I had not got it with me—he said I had better get it—I do not remember anything else that passed—Boyd and I went home together—he slept at my lodging that night—he had not slept at my lodging before—I did not know his name, nor in whose employ he was when be slept at my lodging—I next saw him and Susan Kelly on Christmas night—it was then I first heard who Boyd was, and where he was employed—it was in the course of conversation—he gave me a half sovereign, and he had given me several half sovereigns—the officer took some clothing from my lodging—Boyd gave me the money to buy it—in the course of the following week I went with Boyd to Woburn-mews—he went after Floyd—we went to his lodging; he was not at home—we came away, and met Floyd at a little distance—Boyd and him had a little conversation—I did not hear what they said—Boyd asked me, in Floyd's hearing, what Symes gave me to take care—I said two rings—Floyd said that Symes was a rascal, and he said Symes must have picked them up in the cab—Boyd asked Floyd in whose cab they took the things away, and Floyd said "In mine;" he did not say where—he said they went over the water, and they were melted—he said the property fetched 95l.—he said he was going to Symes's lodging with, Boyd, about Boyd's share of the money—I do not remember anything else that passed—we all went together to Liquorpond-street—they went to Symes's lodging, and I waited till they returned—they were not long—Mrs. Symes came back with them, and she was crying—I did not hear any conversation that they had—I then went home, and Boyd went home with me—I did not return the duplicate to him—the officer took it at my lodging—when we were in Woburn-place, Boyd said to Floyd that Symes had accused him of breaking open the place and taking his money—I did not take notice that Floyd said anything to that.
Cross-examined by MR. PARRY. Q. You were originally charged yourself
with being concerned in this robbery? A. Yes; I was in prison a week and then became a witness—I expressed my wish to become a witness—I know of a reward of 100l. being offered—Boyd gave me three or four half sovereigns, and he gave me 3l., and once he gave me 5s.—he used to treat me about at that time—he did not appear to be very flush of money, half a sovereign is not a large sum of money for me to receive—I did not know at the time he gave me the half sovereigns that he was a groom—I learned that on Christmas night—when he came to me he was dressed in a brown coat—I did not imagine that he was a gentleman—3l. is not a large sum for me to receive, I have received it before—I pay 4s. 6d. a week for my lodging in Holborn-buildings, it is furnished—it was within a fortnight that Boyd gave me the four half sovereigns and 3l.—I did not think that a groom would have 4l. a week—I have a brother who is a horse keeper, he receives a guinea a week—on my oath I did not know that Boyd had stolen the money, I did not ask him.
Cross-examined by MR. PAYNE. Q. What is your right name? A. Elizabeth Coombs; I have been unfortunate more than seven years—I am now twenty-two years old—where I live, there are a good many houses where unfortunate persons live—Symes came to me on the Friday before Christmas, and said I had been showing the rings—I said I had not, but that was not true, I had shown them—I do not know what became of the second ring, he took it away—I told him I had not got the duplicate, it was at home—he said I had better get it—I did not get it, and give it him—he did not ask me afterwards—I never saw him but once afterwards—I had been in the habit of receiving the company of Boyd from the night before Christmas Eve till he was taken.
SUSAN KELLY . I live at No. 2, Brook's-market. I have been getting my living in an unfortunate way, several years—I am twenty-eight years old—I know Pullen, by seeing her in the street—I know Mrs. Taylor's public house, the Crown—I was there last Tuesday seven weeks, it was before Christmas—I know it was last Tuesday seven weeks, because on the Thursday night before Pullen was taken, she came to me in the street and asked me if I remembered her showing me two rings, and I remembered seeing Pullen there—she came in with Symes, while I was having my supper—Pullen and he had a glass of brandy and water—I remained there but a very minutes after they came in, Mrs. Taylor said she was going to close the house and I went out—I met Pullen about half an hour afterwards in Chancery-lane, we stood talking—the clock struck one as we were talking—she showed me two rings, and asked me if I thought they were good—one had five diamonds and four rubies, and the other was an opal and two rubies—I had them in my hand four or five minutes, and I stood talking to her—I returned them to her—she had shown me a ring once before, that was on the Saturday night in the Strand—it was a little ring—on Christmas Eve I saw Pullen near the George public house in the Strand, and Symes and Boyd jumped out of a cab—we all went in the George public house, and had half a pint of gin—we stayed there a few minutes and we came out, and Pullen and the two young men jumped in the cab, and they went away with her—I did not go with them—I did not see anything more of them that night—it was just upon 12 o'clock at night—on Christmas night I was at my own place, and Pullen was there—at 8 o'clock, Boyd the coachman came to see her—they stopped two or three hours at my place—I did not see Symes at all after Christmas Eve—I saw Pullen on the Monday after Christmas, I did not see her again for above a week—
on the Thursday week after Christmas day she told me something, that I afterwards told the policeman.
Cross-examined by MR. PAYNE. Q. How long have you been unfortunate? A. Five or six years—I was in prison at Brighton for an assault—I was in prison three months for that row—I was in prison one month in London on suspicion of robbing a gentleman who was very tipsy—I have been in prison several times—I once had twenty-one days for quarrelling; the other times were a great deal shorter—no one else accused me of attempting to rob him—I was accused on another occasion of attempting to rob a person: that was at Bow-street—I was not locked up—the man was drunk.
MR. BODKIN. Q. On one occasion, you were charged by a person who was tipsy, with robbing him? A. Yes; that is three years ago—I was taken before a Magistrate, and sent for a month to the Compter—I was not tried for robbing the gentleman—I did not see him after that morning—on the other occasion it terminated in the same way—no charge was preferred against me.
ELIZABETH TAYLOR . I keep the Crown public house. I know Kelly; she was in the habit of coming to my house—I remember her supping at my house shortly before Christmas—while she was there, a man and woman came in—I cannot say that I should know them again—they had a glass of brandy and water—Kelly went in a few minutes, very shortly after they came in—they did not stay very long.
BENJAMIN BAKER I live in Ely-court, Holborn. I did live in Woburnmews, in the employ of Joseph Floyd—I saw Boyd at my master's once—I think it was a few weeks before my master was taken up—I did not notice whether any one was with him—he inquired for my Master; he wanted to see him very particularly—he went away directly—my master came in not long after—I remember the Sunday before my master was taken; Symes came on that Sunday, and saw my master—I have not seen him there any other time.
Cross-examined by MR. PARRY. Q. What time did these parties come? A. Symes came in the day time, the other in the evening—the policeman pointed out these men to me at Bow-street—he told me not to notice Symes, only to notice Boyd, and Boyd said he did come—I should have noticed them, if the policeman had not picked them out; I knew them—they told me I was to have 3s. 6d. a day for being a witness—they told me that after it was settled, as we came out of Bow-street—I had not asked them how much I should have—I do not get more than that when I am at work—I get 1s. 2d. a week.
Cross-examined by MR. PAYNE. Q. How often did you see Symes at your master's? A. On the Sunday before the Monday when my master was taken—I had not seen him before—he merely came and asked for my master, and saw him and went away.
MR. BODKIN. Q. Who paid you the 1s. 2d. a week? A. Mr. Floyd's. man—they gave me something to eat.
COURT. Q. How long was Symes there that day? A. A very long time; about two hours, I think.
WILLIAM GATTER . I am a waterman, at the rank in Brydges-street, Covent-garden. I know Floyd and Symes—I have seen them in company with each other often in Brydges-street, near the rank, and at a public house near the rank—I have not seen them frequently in the public house, but several times at the rank lately—I heard of the robbery shortly before and after that I saw them together—I only know Elizabeth Pullen from
this case—I saw her in Brydges-street and in Fleet-street—I have seen her with Symes in Brydges-street, and I have seen her in Fleet-street by herself—I do not remember whether it was before or after Christmas that I saw her with Symes.
Cross-examined by MR. PARRY. Q. How long have you known Floyd? A. I have known him as a cabman nine or ten years—he is a respectable man—he has a plate in that name—I have heard him say he has a cab and a couple of horses—I have heard him say that he has restored property to Somerset House that has been left in his cab—I cannot say what it consisted of; I have heard of a gentleman leaving a great coat with eleven sovereigns in it, from which hotel I cannot say.
Cross-examined by MR. PAYNE. Q. I believe Symes only came there occasionally? A. It was not his regular stand; he came occasionally—I have seen him and Floyd talking as cabmen—I have seen Pullen with Symes more than once.
COURT. Q. Have the cabman each a stand of their own, or do they go to what stand they like? A. They go where they like, but most of them are in the habit of going to one more than another.
GEORGE GODDEN (policeman, F 128). I was on duty in the Strand, on 13th Dec I noticed a brougham there about 5 o'clock that afternoon—it was standing still—I noticed the coachman—I have seen him here to-day; it was James Boyd—I saw the prisoner Symes near that spot an hour and a half before—I saw him three or four times afterwards—the last time I saw him was a quarter of an hour before I noticed the brougham—he was walking about Buckingham-street—I had not known him before—I did not see him afterwards till after the last examination at Bow-street—I was old to look at the prisoners as they got out of the van—I looked, and saw Symes; he was the first that got out—I think he was the first—I think here were four in the van altogether—he was not pointed out to me—I heard of the robbery very soon after this—nearly directly afterwards I made report on the subject—I told the superintendent when I got home; that as a little after 9 o'clock, when I went off duty—it must have been half past 5 or twenty minutes to 6 o'clock when I heard of the robbery.
Cross-examined by MR. PARRY. Q. There is no mistake about this; you saw Symes, three or four times during the hour and a half, walking slowly up and down the Strand? A. Yes; I had a full opportunity of seeing him—I saw the brougham standing there about half an hour—I went twice round my beat—I saw the driver each time; he was standing against the horse.
COURT. Q. You had not known Symes before? A. No; it must have been about three weeks afterwards when I saw him getting out of the van—it was at the last examination—I did not stop and watch the man—I went round my beat—when I had seen him there twice I took notice of him, seeing him loitering about there—I made a communication the same night to the superintendent respecting the man I had seen.
MORRIS HAYNES (police sergeant, F 16). I took Symes into custody on Monday, 9th Jan., at his lodging, in Liquorpond-street—I asked him if his name was Edward Symes; he said yes—I asked him if he knew James Boyd—he hesitated for some time, and asked me what he was—I told him he was a coachman, in the employ of Mr. Alexander, of Hatton-garden—he said, "Yes, I know him from seeing him about the street"—I asked him when he saw him last; he said it was on Monday night last, in the neighbourhood of Gray's-inn-lane, but he did not speak to him—I told him I would take him into custody on a charge of being concerned with others in
stealing, from the brougham of Mr. Alexander, a quantity of jewellery; he said, "I know nothing about it; I will go along with you"—I took him to Bow-street—he was asked there if he knew a man of the name of Floyd; he said no.
Cross-examined by MR. PARRY. Q. Have you instructions to ask questions of persons you take into custody? A. No, it is not generally my habit to do so—I did this for the purpose of getting evidence—Mr. M'Kenzie asked him that one question at the station—that was the only question he put to him in my presence—I do not know that a Magistrate cannot ask the questions I put to this man—I have been an officer five years.
ROBERT M'KENZIE . I am an inspector of police. I was on duty at the station on 9th Jan., when the prisoner Floyd was brought there—he was. charged with being concerned with others in stealing a bag from a brougham—I asked him if he knew Boyd and Symes—he said he did not—I am not aware that he was asked anything else.
Cross-examined by MR. PARRY. Q. Do you remember Mr. Henry reprimanding you on this point? A. Yes—I asked Floyd if he knew Boyd, and if he knew Symes—that was the purport of my questions—I knew I had no right to do this—I did it in order that I might know that I was correct in detaining him—I had not heard the particulars of this robbery, I had only had Boyd's evidence—I had not had information about Symes and Boyd before I put the question—I asked him in consequence of the statement made by Charles Boyd—I had not had information from any other source—I was doubtful of Boyd's statement—I will swear I did not put the question with a view of detecting the persons concerned in the robbery—I had not any such view.
COURT. Q. Charles Boyd came in the station, and charged these persons, and therefore you put the question? A. Yes.
MR. PAYNE. Q. You doubted Charles Boyd's statement, and therefore tried to ascertain whether they admitted his statement? A. That was passing in my mind at the time.
ALEXANDER SAMUEL PIKE . I live at No. 16, Hatton-garden; I am nephew and manager to Mr. Alexander Alexander, a jeweller there—James Boyd was coachman to Mr. Alexander for about two years—he lived at No. 49, Portpool-lane—I was in the habit of going about daily to the customers with goods—on 13th Jan. I gave James Boyd directions to go out between 1 and 2 o'clock—I went in the City in the brougham, and took a large quantity of jewellery—I returned to the Strand—I got there about a quarter before 5 o'clock—I had a bag of jewellery—it contained gold seals, gold keys, Albert keys, studs, brooches, rings, lockets, ear wires, shawl pins, and other articles—it was above 1,000l. value—it was a black glazed bag that they were in—I stopped at Mr. Henderson's, opposite the Lowther Arcade—I went to Mr. Allum's; I stayed there about half an hour and ten minutes—I left those things in the brougham, and left James Boyd with it—he was standing at the door of the brougham when I left—when I returned to the brougham I missed the bag—Boyd remained in our service after that, till the 6th Jan.—all the rings had stones, some diamonds, some rubies, and some both—I have never seen any of the property out of the bag.
COURT. Q. Are you acquainted with the rings you lost? A. I could identify every one of them—no doubt there was one with five diamonds and four rubies, what would be taken for diamonds and rubies, which are really garnets and chrysolites—we sell them for what they really are.
Floyd. What Boyd states is not true, not half of it; and what the policeman states is not true, not a word; I never knew Symes, and never was in his company but once in my life; Boyd I know; he brought me into it.
Symes. What the policeman states is all false; I was not there at the time he mentioned. (The prisoners received good characters.)
FLOYD— GUILTY . Aged 31.
SYMES— GUILTY . Aged 25.
Confined Two Years.
THIRD COURT.—Friday, February 3rd, 1854.
PRESENT—Sir ROBERT WALTER CARDEN, Knt., Ald.; and Mr. COMMON ERJEANT.
Before Mr. Common Serjeant and the Eighth Jury.
MESSRS. PARRY and RIBTON conducted the Prosecution.
PETER FORSON . I am a seaman and shipwright, of Sunderland. When I am in London, I live at Poplar—on 6th Jan. I was discharged at Lime-house from my ship—I left there about half-past 1 o'clock, with a young man named Thomas Lamming—I had with me 46l. or 47l.—there was seven months' pay which I had received, and also some money I had received in the West Indies—there was upwards of 35l. in notes and gold—I was inquiring the way to a tailor's shop, to buy some clothes, as I wanted to change my sailor's dress; and between the Highway and the Commercial-road we met a man, who took us to two or three tailors' shops, and I bought a jacket and a pair of trowsers—I wanted to put on the clothes, and he took us to a public house, which I have been told is in Skinner-street, the Weavers' Arms—I changed my clothes—there is a room up stairs—I was standing in my drawers, with my trowsers off, in the room, when three gentlemen came into the room where I was, and in a few minutes afterwards the prisoner came in—the man who took me there was a stranger to me, but I should know him again if I were to see him—he was there when the three gentlemen came in—the prisoner wanted to sell a muffler or handkerchief—he asked 3s. or 4s. for it; I offered him 2s., but he would not take it—at last he said, "I will do it this way;" he pulled out some cards from his pocket, took three cards from the pack, and I put them on the table; he turned one of them, and said, "If you will lay the money opposite this card, and lift it up, you can have the handkerchief; but if you do not, you will lose if—it was the queen of spades or clubs; the colour was black—he then changed the cards, and put them all three down on the table, with their backs up—one of the others laid three or four shillings down on the table, and lifted the right card, and won the handkerchief—the one who took me there then bet a sovereign or a half sovereign, and lost—I was the next; I put down a half crown or 5s. at first; I do not know which; I then selected a card, and lost—he had changed the card before that, from the queen of spades to the ten of spades, saying,
"I will change them"—I betted a second time—I put down half a sovereign or a sovereign, and lost—(I had drunk a glass of rum with the gentleman who took me into the room, in a public house on the road which I was not acquainted with, but I did not feel any particular effects from it—I went into a coffee shop after buying the clothes, and had two cups of coffee)—I put down a sovereign a second time, and lost that; I then put down a 5l. note, and lost that; then I put down two 5l. notes, and lost them—I laid the money down on the table, and the prisoner took it up—I did not take notice of what happened next—I knew I had ruined my wife and family through my foolishness—I next saw him take the notes and money out of his pocket, and give them into the right hand of another man—I knew them to be mine by their being crushed—it was one of the three who had come into the room, and who had betted—when the money was handed to the man, he went away, but not immediately; he left about half a minute after he got the money—I asked the prisoner not to go, as I wished to speak to him—he said what did I want with him—I followed him down stairs, got him into a corner, and told him I had been wrongly swindled out of my money; he said I had not—I then went to the door, and asked Thomas Lamming, my Mend, to come in, as I wanted to speak to him—he did not come in—the man who had the money then went out of the room—the prisoner then made the attempt to go out, and succeeded—I followed him down stairs, and shouted, "Stop thief!"—he ran, and was turned by three or four men—he attempted to run past me, and I caught him, and told him he had robbed me—he said, "Don't give me in charge, and you shall have your own notes back again"—I kept hold of him till a policeman came—he told the policeman that if I would wait a quarter of an hour, I should have the money—I waited between the street and the public house—he took us to a public house, which I think they call the Pheenix—we waited there about a quarter of an hour, and then went to the police station, and gave him in charge.
Cross-examined by MR. METCALFE. Q. How many were there playing in this room? A. Seven, with my friend and myself—the first man who played after the handkerchief was disposed of, lost—the handkerchief had been staked and was won by the man who took me into the house—I lost and paid—sometimes the others lost, and sometimes they won; when they won I saw money pass, and when they lost it passed back again—during the time of the play, when I lost the 5l. notes, the cards were changed—I have not said that there was an argument about a card being marked—I was not the first that played; but when I first staked, the card was to be the queen of clubs or spades—I know the difference—I have played a game at cards at sea, but never played for money before in my life; I have played for amusement—I never saw this game played before—I staked money on one of the cards on the table; he shifted the cards each time in his hand, and turned them over on the table—I staked my money on a card I thought I had seen; when I turned it up right I won, and if it was wrong I lost—if I had won when I staked the 5l. note, I should not have charged anybody, and I think I should have pocketed the money—Lamming did not play—he might nave had 1s. or 2s. with him, but I had his money in my pocket—I was not playing with his money; his were bills—I do not know whether he was asked to play; he has since told me that he did not—he had not been drinking at all.
MR. RIBTON. I suppose you would rather have won the money than lost it? A. Yes; Lamming had been paid that day, but I had his money,
and he did not play—I lost all my money—when I selected one card, and lifted it up, and found it was the wrong one, the prisoner lifted the other two cards off the table and kept them in his hand—he sometimes had the remaining cards of the pack in his hand, and sometimes in his pocket—there were seven persons in the room—I do not know whether they all played except Lamming—some of them played after I had commenced to bet—I was the third who bet—I swear that the prisoner handed the money to another man.
MR. METCALFE. Q. As soon as you staked your money, you took up the card, to see if it was the right one? A. Yes, and then the prisoner took the other two cards into his hands, to begin to shuffle for another game.
THOMAS LAMMING . I am a sailor, and live at Prince's-square, St. George's in the East. I am a shipmate of the last witness—I was paid off early in Jan.—I recollect being in Forson's company somewhere in Whitechapel—we met a man, who took us to a public house, which I do not know the name of, where Forson changed his clothes—while he was doing so, three persons came in, and about five minutes afterwards the prisoner came in, and pulled out a handkerchief to sell—I think he asked 3s. for it; Forson offered him 2s.—he would not take it, but said, "I will do it this way," taking out a pack of cards, and shuffling three of them—I do not understand cards—the three men bet, and then Forson bet; he put down half a crown first; he lost, and then put down 5s., and lost that; then he put down half a sovereign, and lost it, and then he put down two sovereigns, one after another, and lost them, and then a 5l.-note; he lost that, and then put down two 5l.-notes, and lost them—the prisoner took up the money, and I saw him hand the notes to another man, who said as soon as he had got the money, "I am off now"—Forson said to me, "Come, Tom, let us go," but I said, "Stay still"—that was when he had lost part of the money—when he said, "Let us go," I thought he meant, "Come along, let us both go together," but he says he did not—the man got away with the notes, and Forson ran after the prisoner, and caught him—they all rushed out together—I was not in the street when the prisoner was caught, I remained in the public house; I was not able to go out—I have had a fall from aloft, which broke my foot, and I am lame—I did not bet at all—when Forson got hold of the prisoner, he said, "Don't give me in charge, and you shall have your own money back"—that was when he was brought back into the house—he was kept there pretty nearly two hours.
Cross-examined. Q. Did you hear anything said about a card being marked? A. Yes; one of the party said that one of the cards was turned up at the edge—the game still went on—I suppose the edge was turned down again—I do not know whether it was put into the pack, or whether he went on with it—it was one of the three who came into the room who said that—it is impossible for me to tell whether he went on with that card, because if it was turned down again, it would be like the rest—I am pretty certain that there was cheating in the matter—I know the cards were changed once, the three he played with first—most likely that would be after it was said that one was marked—I do not understand it at all—I know they were changed once, three were put back, and three taken out.
JAMES DANKINS LITTLE (City policeman, 645). On 6th Jan., between 5 and 6 o'clock in the evening, I saw Forson and Lamming holding the prisoner's arm in Bishopsgate-street—Forson said the prisoner had cheated him out of 17l. 10s. at cards, and he would give him into custody if he did not return the money; that the prisoner was going to a public house to
settle it, and he asked me to wait—the prisoner told me he had sent for the money—the landlord would not let them stop, and the prisoner asked me to go to the Phoenix public house—I went there; we waited a few minutes; the money did not come, and I took the prisoner to the station—he told me going along that if I would go down to his place I should not lose anything by it—I found 19s. 1d. on the prisoner, and in his breast pocket these cards (produced).
GUILTY .— Confined Twelve Months.
Before Mr. Recorder.
PLEADED GUILTY . Aged 18.— Confined Twelve Months.
STONE PLEADED GUILTY . Aged 26.— Confined Six Weeks.
MR. COOKE conducted the Prosecution.
JAMES RANDALL (policeman, K 324). I was on duty in the Broadway, at Stratford, on 20th Jan., about 6 o'clock—I saw the prisoners standing aside Mr. Barnes's shop—there were several cheeses there, and Stone was cutting some cheese—after they had cut the cheese they stood there together for a length of time, and I saw Stone take a piece of bacon that was on the cheeses—the prisoners were both together—as soon as the bacon was taken by Stone, they went away—I went and laid hold of Gold when he had got ten or twelve yards off, and the other officer took Stone—I found this bacon on Gold—I did not see Stone give it him.
Gold. Q. Did you see me take any bacon? A. No.
Q. You only found the small piece on me? A. I found the whole of it on you—there is a small piece cut off; I cannot tell how that was done.
JOSEPH BENTON (policeman, K 381). I was on duty. I noticed the two prisoners standing near the shop for half an hour—I was about ten yards from the shop, on the other side of the way, in plain clothes—I saw the prisoners move away—I went and took Stone; Gold was near him—I had seen them in company together—I saw Stone take the bacon, and hand it to Gold—I saw the last witness take this bacon from Gold—I took the prisoners back to the shop.
Gold. Q. Did you see the other officer take the bacon from me? A. Yes, the whole of it; the two pieces—I believe at the time Stone cut the cheese he cut the bacon.
HENRY WARNER . I am shopman to Mr. John Barnes, in the Broadway, Stratford. I noticed the prisoners outside the shop on the evening of 20th Jan.—this bacon was on the cheeses, in front of the shop—I remember the policemen coming in with the prisoners and the bacon—they brought it all back—we had not missed it—the bacon was cut in two pieces when it was brought back, but it was not when it was on the cheese.
Gold. Q. Did not the policeman take the bacon off the cheese, and put this small piece to it? A. No, I did not see him do that.
GOLD— GUILTY . Aged 21.— Confined Six Weeks.
MR. COOK conducted the Prosecution.
EDWARD ASHBY HAWES . I am shopman to Mr. Fletcher. I saw these tools taken in on 26th Dec.—John Wilcox was in the shop—I believe the prisoner to be the man who pawned them, in the name of James King—he said he had received a letter that his mother was dying, and he wanted to go to her—he said they were his own tools—14s. was advanced on them.
Prisoner. 13s. 10d. was what I received. Witness. The ticket money was taken out of it—I did not see the money given.
THOMAS ROBINSON . I am a joiner. I and the other prosecutors were at work at some houses, at East Ham—on Christmas Eve I left, and went home to spend the Sunday—we left our tools in the house where we were at work; we left at 4 o'clock—the tools were left under a desk, in a small office in the house where we were at work—there is a lock on the office door, but it was not locked—we returned to work on Wednesday, 28th Dec, and the tools were gone—some of these tools produced are mine—they were shown to me before the Magistrate; I knew them again—my name is on my tools—my tools and the tools of the other men were all in the basket together, when they were shown me before the Magistrate.
Prisoner. Q. Was this office attached to the house? A. It is in the house; part of the house is taken for an office, and there we kept the nails and tools.
COURT. Q. Does the office form part of the house? A. Yes; it is taken out of the house—it is about ten or twelve feet square—it is under the same roof.
JOHN WARE DAVEY . I was at work on those premises—I left my tools with those of the last witness, and lost them—these are my tools—I know this one by a mark of paint on it—it was my father's; I have known it ever since I can recollect—there is still an oilstone of mine missing.
Prisoner. Q. Is the office where the tools were detached from the house? A. It is built for the purpose of a workshop—it is under the same roof as the workshop.
Prisoner's Defence. I did not steal the tools; I was going to Stratford, and met a man with the tools; he asked me to pawn them for him; he gave me 1s.; I worked as a labourer at North Woolwich; Davey knows me.
GUILTY . Aged 48.— Confined Four Months.
MR. PEARCE conducted the Prosecution.
JOHN BOX . I am a brickmaker at Stratford—I deal with Mr. Gregory for ashes—I knew the prisoner as being in Mr. Gregory's employ—on 21st Dec., he brought me three quarters of a chaldron of ashes—the price of
them was 10s. 6d. a chaldron; the three quarters of a chaldron came to 7s. 10 1/2 d.—on the Saturday evening, 24th Dec., the prisoner brought me a bill of 7s. 10 1/2 d. for them, and I paid him the 7s. 10 1/2 d.—this is the bill; it is not receipted; I was busy, and he left it without a receipt.
GEORGE GREGORY . I live at Stratford; I supply the last witness with ashes. On 21st Dec., I sent the prisoner with some ashes to him—on 24th Dec, the prisoner asked me for a bill for a chaldron and a half—I made out the bill, 15s. 9d.; that was what he told me—this bill for 7s. 10 1/2 d. is not the bill I made out and gave him—on the next morning, the prisoner told me he could not get the money, as there was a mistake in one of the delivery notes—he said the man had left one of the notes in his coat pocket at home, and I was to go myself on Monday morning—I went on Monday morning, and Mr. Box showed me this bill for 7s. 10 1/2 d., and said he had paid it—it was the prisoner's duty to pay me on the receipt of money—he never paid me this money, or accounted to me for it—I never saw him till he was taken.
COURT. Q. Was the prisoner paid by the week? A. No, I gave him so much a chaldron for collecting the ashes—I expected him back to work on the Monday, and he did not come—I do not know the prisoner's writing—this bill for 7s. 10 1/2 d. is not my writing.
JOSEPH BENTON (policeman, K 381). I was on duty in Stratford on the night of Friday, 6th Jan.—I took the prisoner—I told him he was charged with embezzling 15s. 9d., of his master, Mr. Gregory—he said it was not 15s. 9d., it was only 7s. 10 1/2 d., and he tore his master's bill up, and made out a bill himself for 7s. 10 1/2 d.
COURT to MR. GREGORY. Q. How much ashes did you send to Mr. Box? A. The prisoner told me he had taken a chaldron and a half—he does not bring them to my premises, but he collects them and takes them—I pay him so much a chaldron for what he collects, but he is not paid that till the money is paid to him—he always acted well in my place—I wish to recommend him to mercy on account of his poor old mother.
GUILTY . Aged 21.— Confined Four Months.
Before Mr. Common Serjeant.
MR. CLERK conducted the Prosecution.
JAMES LINNITT . I keep the Crown, at Woodford. On 31st Dec. the prisoner came for half a pint of beer, and gave me a shilling—I felt that it was bad; it was greasy—I pressed it, and it bent immediately—I told him it was bad, and he gave me a good sixpence—he said he did not know that it was bad—I asked him how he became possessed of it, and he said he did not know, he could not tell—I asked him a number of questions—his replies were very unsatisfactory, and I gave him into custody with the shilling.
REUBEN AVERY (policeman, K 216). I was called to Mr. Linnitt's house, found the prisoner there, and received the shilling—the prisoner said at the station that he had been selling mats, and that a man gave him the shilling and two pence for two door mats—I was before the Magistrate—the case was dismissed, there being no other charge—it was on Monday, Jan. 2nd—he remained at Ilford Gaol till Saturday, Jan. 7, when he was discharged.
he gave me a bad shilling—I said it was bad, and he offered me a good one—I sent for a policeman, and gave him in charge with the shilling.
JASPER SMITH (policeman, K 307). I was called to Mr. Hosking's on 10th Jan., and the prisoner was given in my charge, with this shilling (produced)—he said he did not know it was bad—I searched him in the shop, and found a good shilling and a farthing on him.
GUILTY . Aged 21.— Confined Six Months.
MR. COOKE conducted the Prosecution.
MARY CRACKNELL . I live at West Ham; the prisoners lodged at my house in Jan. last. On 7th Jan. I found some boxes disturbed in my room, which is over theirs, and on examining them I found a quantity of things taken away—I missed my husband's best clothes, which I had put away on the Tuesday after Christmas—I had not had occasion to look at them since—a policeman showed me a pair of sheets and a shawl; one sheet had been taken from a cupboard, and another from a box—the shawl had been hanging up in a room down stairs—I saw it safe on the Saturday evening when I went out, and missed it the same evening—the prisoners lived there as man and wife.
EDWARD ASHBY HAWES . I am assistant to Mr. Fletcher, a pawnbroker, of West Ham. On Saturday evening, 7th Jan., the female prisoner came and pledged two sheets and one shawl, in the name of Ann Mead—these are them (produced)—I am sure it was her.
Sarah Lazell. I did not put any name at all. Witness. Mead was the name you gave.
ARTHUR FREEBODY (policeman, K 166). I was present when the prisoners were taken—I found this duplicate (produced) on the male prisoner—it is for some sheets pawned at West Ham—I asked him how he accounted for it—he said he knew nothing about it, some one must have put it there when he was asleep.
William Lazell. You asked my wife if she had got any tickets; she Said "Yes," and got up and gave them to you out of a little box on the table. Witness. You took them out of the box.
MR. COOKE. Q. Then the duplicate was not found on his person? A. No, he took it out of a little box.
Sarah Lazell's Defence. I am very sorry, but I had hardly victuals enough for my family all the winter; my husband had no work.
WILLIAM LAZELL— NOT GUILTY .
SARAH LAZELL— GUILTY . Aged 36.— Confined Three Months.
Before Mr. Justice Wightman.
MESSRS. BODKIN and POLAND conducted the Prosecution.
DANIEL FITZPATRICK (a prisoner). I am a tailor—I have been committed for safe custody as a witness, and now come out of the gaol of Newgate. On 12th Oct. last, I was living at the house of the prisoner, Mary Chapman, and had been lodging there about three months—I knew an old man named John Reader, who lodged in the upper part of that house—I know Mr. Pidcock, a solicitor, who has an office in Woolwich—I went there with the prisoners on 12th Oct., in the afternoon; I do not know at what time—Mrs. Chapman took a paper with her—we saw Mr. Pidcock, and the paper that Mrs. Chapman took was shown to him; he disapproved of it, and drew out another will—this (produced) is the paper which Mr. Pidcock drew; I see my handwriting at the bottom of it—he gave it to Mrs. Chapman, and he marked in pencil where the witnesses were to sign their names and places of residence, and also a mark where, the now deceased man had to put his mark—we then left Mr. Pidcock's office—we went across the churchyard—it was very dark and wet, and we went into the tap room of the Mitre—a waiter was there when we went in, nobody else—he left the room, after bringing in half a pint of rum—Mrs. Chapman ordered that; it was drank, another half pint of rum was then called for, which was also drank—the waiter left us the room to ourselves—there was then nobody in the room but Mrs. Chapman, Higgins, and myself, and Mrs. Chapman's little son, who is about thirteen years old—I was warming myself at the fire, as it was cold and wet, when a pen and ink was brought into the tap room, but I did not see who brought it in, and Mrs. Chapman said to the prisoner, Higgins, "We may as well save a little time, as the evening is wet, the will has to go back again to night, we may as well mark our names and places of residence"—Higgins marked his name and place of residence, and I did so also—that is Higgins's name and address, which he wrote in my presence, and this is mine (looking at the paper)—after I had signed my name, I went to the fire to dry and warm myself—the table was, I suppose, about three or four feet from the fire—we were all standing up at the time; Higgins's back was to me—I could not see what he was doing—Mrs. Chapman said, "As there is nobody here but ourselves, you may as well put a mark to it, and get it done at once"—she said that to Higgins—he made no answer—I did not actually see him put the mark, because I was at the fire, but he brought the paper over to the fire and dried it—my writing was thick, and wanted a little drying—I did not look to see whether a mark was there—I saw him with the pen in his hand; not after Mrs. Chapman said, "We may as well get it done at once," but previous to that; when he wrote his own name—I saw nothing done after she made that observation—I did not go to the table afterwards; I remained still at the fire drying myself—the last I saw of the paper it was with Higgins—we then went to the bar, and had a quartern of rum there, which Higgins and I drank; Mrs. Chapman drank none of it—she paid for it all—we then proceeded to Mrs. Chapman's house—we went up stairs into Reader's room, where he lay
sick in bed; it was the back garret—he was in a very weakly state; speechless—the paper that was brought from the public house was placed before him, and a pen was put into his hand by Mrs. Chapman—I could not swear whether there was any ink in the pen or not; I did not see her put it into any ink bottle—she drew the pen across the paper and said, "There, now, he has made his mark, and you will tell no lies about it," she had Reader's hand in hers, and drew it across the paper; I then saw the cross that appears here—I did not observe whether it was wet or dry—I saw no blotting paper used, or any attempt to dry it at that time—Reader did not appear to be in a state to know anybody, or to know what he was doing—the paper was not read over at all at that time; that paper was never read over in his hearing—Reader died the next morning.
Q. Do you remember Mrs. Chapman saying anything to you as you were going to Mr. Pidcock's office? A. She told me that if I would stick up for her, she would give me a suit of clothes and three sovereigns—I first disclosed this matter after Mrs. Harris, the daughter of Reader, made her appearance in Woolwich—no charge had been made against me before I made that communication.
Cross-examined by MR. PAYNE. Q. What became of the first paper? A. Mr. Pidcock kept it; it was left there—I was present when the first paper was produced to Reader, the deceased, and helped to hold him up—the paper was read by Higgins—after it had been read it was put into Reader's hands, and a pair of spectacles was put upon him—he moved his finger and thumb up and down the paper, as if he was reading it—he moved the paper between his fingers and thumb, going down the lines as if he was reading them.
COURT. Q. Do you mean that he moved his finger along the line as if he was reading it? A. He moved the paper between his fingers.
MR. PAYNE. Q. After that did he lay the paper down? A. Yes; and took off the spectacles and laid them down—he did that himself—he took up the paper again, and seemed to be reading it, without the spectacles—he seemed to get quite weak, and would have creased the paper against his breast, but Higgins took the paper out of his hand—Higgins then put a pen into his fist; he could not get him to hold it in a proper manner to write; he had not sense to hold it; he held it in his fist, in a weakly manner—there was ink in the pen, and the pen when it was in Reader's hand came down on the paper and made a blot, and also a scratch or hair stroke; after that we all signed our names—after the second paper had been signed, I went the next day with Mrs. Chapman to Mr. Pidcock's—Reader was alive at that time; the second paper was taken to Mr. Pidcock's—I did not say anything to Mrs. Chapman about getting married—I was at that time living with a person that I was not married to, Mrs. Chapman introduced her to me at her house—I have no wife at present—I cannot say exactly what has become of her; she went away from me with another man—I do not know what has become of her—I heard that she was transported, but I do not know exactly—I do not know what it was for—I never heard where she was tried—I never inquired about her at all—I have been in prison once, at Maidstone—I was there two months—I remained a very few days in Mrs. Chapman's house, after Reader died—I cannot exactly say whether I remained three weeks—I might, I do not know exactly—I had no words with her at that time—I was on good terms with her to the last—I was present when Reader's clothes were searched after his death; a Woolwich bank book was found, a half sovereign, a half crown,
a 6d., 3s., and 5d. in coppers—the doctor was present at the time the clothes were searched—Mrs. Chapman kept the bank book—I do not know whether the doctor told her to keep it or not, he saw that she had it—I do not recollect whether Mr. Pidcock asked me if the first paper had been read over to the man; it was read over—I told Mr. Pidcock that it had been read over to him—I have been out of work and I have received a trifle of money, just merely to keep me from going away from Woolwich, I suppose it was about 16s.—I received it from Mr. Ashcombe, the doctor, I never saw any relations of Reader's come to see him while he was living in the prisoner's house—Mrs. Chapman waited on him, and tended on him night and day with the greatest attention, and found him a great many things—they always behaved kindly to each other, and seemed to be quite on good terms—he seemed grateful to her for her attentions to him, they were very friendly.
MR. BODKIN. Q. Look at that paper (handing one to the witness); is that the first paper to which you put your name as a witness? A. Yes; the body of it is Higgins's writing—that paper was read in the room, and afterwards I and Higgins put our names as witnesses—during all the time I was in the room on that occasion, in my opinion Reader was not capable of knowing anybody, or of understanding anything that was said to him—Mrs. Chapman lifted him up in the bed, and I put one arm round his neck, and one round his body—she lay across the bed behind him, to keep him up—the pen was put into his left hand (the witness described with a pen the manner in which Reader held it)—the hand in which he held the pen dropped on the paper, and made this blot; this scratch is what I call the hair stroke—I saw no cross at that time—Higgins put the spectacles on him—it did not appear to me that he could see either with or without the spectacles—he did not utter a sentence the whole time.
Q. Why is it you think he could not see it? A. If he could have seen he would have made his mark at the bottom—no one had hold of his arm when he dropped the pen—Higgins took hold of his wrist, to put the pen in his fist, and when he took his hand away his hand dropped—he was sitting up in the bed when the paper was read by Higgins—they lifted him up—he did not show any sign of understanding what was being done—when I say the paper moved through his fingers, I mean he moved it so (describing it)—he held it in one hand—that is what I mean by saying he moved it as if he was reading it—he seemed to he looking at it—Higgins put the spectacles upon him—Reader put the will down, and then put up his hand and took the spectacles off, and laid them down—he then lifted up the will again, and seemed to fee looking at it, and reading it without spectacles—he kept it in his hand a little longer than he did at first when he had the spectacles, but he seemed to get in a weakly state, and would have creased the paper against his breast—the 16s. I have received from Mr. Ashcombe has been at different times—he was the very first person to whom I told this story—I afterwards told it to Mr. Pidcock—I went voluntarily—I was in Maidstone gaol two months for attempting to destroy myself—I was greatly troubled in my home; I got drunk on account of it, and while I was so, I got some poison, and was going to take it.
THOMAS MORGAN . I am churchwarden of the parish of Woolwich. I knew the deceased John Reader for some years—he died about 12th or 13th Oct. last was only chargeable to the parish by the attendance of the parochial surgeon—that was at the time of his death—I went to Mrs. Chapman's house to see him, on Tuesday evening, 11th Oct.—that was
from the representations of the parish surgeon—I saw Reader there in bed—he was perfectly unconscious—I saw Mrs. Chapman, and asked her to allow me to look at a savings bank book that she had—she refused to show it me—she told me that she had it in her possession—I am a director of the savings' bank—I told her, if she allowed me to see the book, I would take care that when the relatives came forward for the money they should have it—I said I should have Reader removed to the union house, that he might be taken proper care of—she said he was taken great care of there, and there was no occasion for it—I sent the beadle next day, to see if the man had recovered at all, with the intention of removing him—I afterwards discovered Reader's daughter, Mrs. Harris.
Cross-examined. Q. You are churchwarden of Woolwich, and also a director or trustee of the savings bank? A. Yes; it was as churchwarden that I went to Mrs. Chapman—she told me she had the book—I had no particular right to look at it that I am aware of.
SAMUEL WATTS . I am beadle of Woolwich. In consequence of directions I received from Mr. Morgan, I went to the deceased man, Reader, on 12th Oct., between 10 and 11 o'clock—I had known him for five years or more—I went up to the room where he was, and spoke to him—he did not recognize me—he appeared to be in a state of insensibility—I was quite unknown to him—I went again in the evening; I did not see him then; I inquired how he was, and he was very bad—Mrs. Chapman said she would not have him removed—when I spoke to him, I said, "John," and he made no reply—I do not know that I said anything else to him—I might have called him by name more than once—I recollect calling him "John," and I looked at him, and he made no reply and took no notice—he seemed to lay flat on his back, quite insensible, having no knowledge of anything whatever.
Cross-examined. Q. When you called to inquire about him, did not Mrs. Chapman tell you he was still very bad? A. Yes, and she would not have him removed—I only saw him the one time; I stayed about seven or eight minutes—I know Mrs. Chapman and her husband—I have never heard anything against them—I know Mr. Hugh Hughes; he is their landlord—I know Mr. Allen, Dr. Rogers, and Major Forbes—they are respectable persons.
ROBERR DALEY WALKER . I am a surgeon, and reside at Woolwich; I am surgeon to the parish of Woolwich, and to the union, I was desired by the parochial authorities to attend John Reader—I first saw him on 7th Oct. last—he was then in a comatose state—I attended him to the time of his death—he never rallied in my presence—I saw him every day—he never appeared to recognise me in any way, or to be conscious of anything that was going on around him—he never spoke—I saw him on the 12th, near upon 1 o'clock; he was then in a worse state, he was rapidly sinking—he showed no appearance of consciousness whatever—he had paralysis of the soft palate, what we term stertor—stertor indicates difficult or loud breathing—it is a symptom of approaching death—it indicates pressure on the brain—I noticed his eyes; from the commencement the pupils were contracted—they did not dilate at all; they appeared in about the same state on the 12th—that indicated pressure on the optic nerve, and very great pressure on the brain—he died on the 13th—I saw him on the 13th during life; it must have been in the forenoon—he was still in the same state, sinking rapidly—I understand he died in the afternoon—I made the post mortem examination—the vessels of the brain were greatly congested—there was effusion, the lungs were congested, and charged with carbon,
and the heart contained venous blood; the whole system was under the influence of carbon.
Q. Judging from the appearances after death, and from your own attendance on him during the six or seven days before his death, in your judgment was he, on the 12th, in a state of consciousness to transact any business, or to understand it? A. In my judgment, I should say decidedly not—on the 11th, when I was there, a search was made of his clothes by both the prisoners—a savings bank book was brought into the room; it was not found in his pockets—I cannot say who brought it into the room—5d. Was found in his pocket, and a half sovereign and some silver fell on the ground—Mrs. Chapman took possession of the book and of the money, I being present and offering no opposition to it—I did not see the book found—I believe it was Mrs. Chapman who brought it in, it having been deposited (as it was stated to me) in the deceased hat—nothing more was said or done about the boot on that occasion—when the churchwarden, Mr. Morgan, accompanied me, he wanted me to look at' the book; that was on the night of the 11th—I do not recollect anything being said or done about the book on the 12th—Mrs. Chapman stated to me; on the 12th, that Reader had made a will in her favour—I do not recollect making any observation to her upon that—in a very early stage of Reader's illness, she said if anything happened to him she hoped I would be her friend, or she must look to me to be her friend—that was perhaps on the 8th or 9th Oct.; it might have been after that.
Cross-examined. Q. Did she explain in what way she wished you to stand her friend? A. No, she did not; I did not ask her—that was before she told me he had made a will—I first went to attend him on 7th Oct, in the evening—I cannot recollect how long I stayed on that occasion; as for as I can recollect, I think I went about 6 or 7 o'clock; I cannot speak positively—I should say I stopped a quarter of an hour—I will not, on my oath, say that I did—I should say that I stayed a quarter of an hour—I will swear that I did—I went again the following day—I cannot say at what time, I have a very large parish to attend to—I cut some of them as short as I can; I am obliged to drive about from one to another as fast as I can—I cannot say whether my second visit was in the morning; afternoon, or evening—I do not know how long I stayed, but sufficiently long—I went again the following day—I have not kept a diary of my visits, and cannot tell at what time I went on that occasion, or how long I stayed—I have stayed longer than ten minutes or a quarter of an hour—I did not perform any operation, with the exception of putting a blister over the right lung—I gave directions to Mrs. Chapman what she was to do—I found that she attended to those directions—in my judgment she attended to him properly and carefully, as far as I saw—I paid about eight visits altogether—besides, the blister over the right lung, he also had a blister at the back of the neck, and purgative medicine—he had bronchitis when I first saw him.
Q. What is the producing cause of that which you call paralysis of the soft palate? A. The palate being supplied with nerves, and he having paralysis of those nerves, of course paralysis of the muscles is supplied by that—those nerves ramify across the palate generally—stertor is difficulty of breathing arising from the soft palate—we generally find when persons are ill that they are worse in the evening—he was sinking when I was there on the 12th—I think I looked in there on the 12th, about half past 12 or 1 o'clock, and I dare say I left a little after I; I cannot speak positively some cases a person may be deprived of speech, and yet
possess consciousness—I have known persons who have been deprived of speech for three or four days before death, and yet still retain consciousness—I did not discover any indication of foul play on post mortem examination—the Coroner's Jury found that there was nothing of that kind—it was on the 11th that Mrs. Chapman spoke to me about the savings' bank book—that was two days before his death—it was produced on that day—she took charge of it with my concurrence—I believe the book was brought in by Mrs. Chapman, and I advised her to take care of it—I spoke to him on some occasions wheat I was there—I do not know that there was a person from the Ordnance who shaved him and waited upon him—I saw a man there with a wooden leg; he was in the room sometimes; I do not know whether he was attending upon him—I had no other conversation that I recollect with Mrs. Chapman on the subject of the deceased and his property than that which I have stated—it was on the 12th that she told me he had made a will—she had never before that mentioned to me his intention to leave her his property—my opinion was that he could not rally—he did not rally at any time while I was there—I think from the post mortem I could venture to say that he could not have rallied, from the large quantity of venous blood circulating through the brain, and the heart and lungs being charged with carbon—that must have been for some considerable time; I should say it had been forming for eight days previously, judging from his appearance when I called upon him—it certainly could not be done in ten minutes, unless the man had met with an accident—I do not say that in all cases it must take eight days to produce that quantity of blood which I found; I will not say that; I will not tie myself to any time—I have a diploma, and belong to the College of Surgeons.
MR. BODKIN. Q. I understand you not to be prepared to tie yourself to any time in answer to a general question? A. Just so; having attended this man for eight days, and judging from the post mortem appearances, it is my opinion, that that state of blood had continued during those eight days—in my opinion, a man with the circulation in that state would, not be physically able to rally, so as to be able to transact any business—I have known cases where persons have been deprived of speech, and yet had consciousness—this was not one of those cases.
WILLIAM BAILEY . I am a private in the Royal Marines. I was living at Mrs. Chapman's at the time John Reader died—I saw him on the day before he died—I first saw him about 9 o'clock in the morning—he was insensible; he had his mouth turned light on one side, and he had no use of it whatever, and no recollection whatever—nobody was there then—I went and knelt down by his bedside, and touched him on the cheek with my fingers, and spoke to him, but he took no notice whatsumever—nothing more passed while I was there, at 9 o'clock—I than came down stairs—after that I remember seeing a man named Huxford in the house—I think it was between 10 and 11 o'clock—after Huxford had come down, I went up into Reader's room—I found Mrs. Chapman there, the man Davis, and two other men with them—Fitzpatrick was there, and Higgins—when I went into the room, Mrs. Chapman said, to me, "John, he has signed the will"—I told her it was a He—they wanted to read the will to me, but I went right straight away to the man's bedside, knelt down, and touched him: the same as I did before—he had got no sense whatsumever, no knowledge of any one—he took no notice spoke to him several times—Higgins was in the room at the time—he read the paper to me that was signed—I pointed
to the man as he laid ill on the bed, and told them it was impossible for such a man as that to sit up in his bed, and sign his hand to that paper; I knew it was a lie, for it was not above five minutes from Huxford going down stairs till I got up—I said that Higgins—Mrs. Chapman was there also—they said nothing to it—Mrs. Chapman had told me several times before this, that if she could get the will, and get it signed, she would buy me a new suit of black clothes and give me a few shillings, and by that means I should not be destitute for a shilling or two in my pocket—she said that to me more than once—I think she said it two days before he died—I left the house the Saturday night following Reader's death—I think he died on the Thursday—before I left, Mrs. Chapman jawed me, and told me that I put myself out about things that I had no occasion—I told her that if he had got any friends, they had a right to the money—that was before his death, the morning before they went to sign the will—I went up several days, and saw him while I was at home, not well—I do not know exactly what day it was that I told Mrs. Chapman that, but I did tell it her—she jawed me for making myself forward in things I had no occasion to—it was in consequence of that that I left the house, me and my mate too—he was at work in the Royal Arsenal along with me, but I believe he has gone to Dover—he is not a witness—I told Mr. Watts, the beadle, what I knew about this, I think the day after Reader's death.
Cross-examined. Q. When you left Mrs. Chapman, you happened to leave in debt, did not you? A. I owed her 1s. 3d. for lodging, and I sent 1s. out of it by a man that sells water-cresses, who lodged there before me—there was a pair of boots that I paid Mr. Chapman 3s. for; the man I had them of said he would warrant them for a month, and I had not had them more than three days before they came right away from the welt, and Mr. Chapman returned me the money again—he had been answerable for me to the boot maker—I have been abroad at my own expense—I never went out at anybody else's expense—I have never been to New South Wales—I have been to New York; I went in the Louisiana, belonging to Bristol, as an ordinary seaman—I was never in the militia; I am not in the militia now—I am a marine—I do not belong to the militia as well—I did not desert from the militia—I spoke about this, and said there ought to be an inquest on this man—I have never been transported—I was never tried for anything whatever, and I can bring proof of it—I have never said that I had been transported, nor yet in prison—I have never said in Mrs. Chapman's kitchen that I was a returned lag—I swear that I never belonged to the militia, and do not now—I am not enrolled at Charlton-house.
MR. BODKIN. Q. Were you examined before the Magistrate on this matter a fortnight ago? A. Yes, at Woolwich; I was asked the same questions then; the serjeant-major was present at the time.
MR. PAYNE. Q. What is your real name? A. William Bailey—I never went by the name of Jones, that is the name of my master that I worked for in the Royal Arsenal.
FRANCIS JOHN WEALE (police-sergeant, R 46). I am an inspector of lodging-houses for the Woolwich district. On 12th Oct., between 7 and 8 o'clock in the evening, I went to Mrs. Chapman's house—I went up stairs and saw her—I was in uniform—there were several persons in the room, and Reader was lying in, bed—I went into the room in which he was lying—I did not speak to him—he appeared to be quite insensible—
I asked Mrs. Chapman what was the matter with the man; she said it was all right, it was nothing that was infectious, I need not trouble myself—I said, "I must see the doctor, and know what is really the matter with the man, and if it is anything infectious, he must be removed from the house"—she said it was not anything infectious—I went there under the Common Lodging-house Act—I told her I should go and see the doctor, and I did go and see him—I said I had heard that she had a savings' bank book; she said, "Yes"—I said, "Will you allow me to see it;" she said, "No, I cannot show it to you, it is not in the house."
ANN GREEN . My husband keeps the Mitre, at Woolwich—there is a tap to the house—I recollect some persons coming there, but I do not know the time—the witness Fitzpatrick was one of them, I knew him before by sight—a man, a woman, and a boy were with him—they went into the tap room—I think it was about 6 o'clock in the evening, as near as I can recollect—they called for half a pint of rum at first—that was taken into the room to them—altogether, they had two half pints of rum and a quartern before they left the house—I do not remember who paid for it—they had a pen and ink from my bar parlour—I do not recollect who took it into the tap room—I knew Fitzpatrick before, I do not recollect either of the prisoners—I know the office of Mr. Pidcock, the solicitor—any one coming from there to my house, must come through the churchyard.
CHARLES READER . I believe John Reader, who died at Woolwich, on 13th Oct., to be my uncle—my father's name is Robert Reuben Reader—on hearing of John Reader's death, I went down to Woolwich—I received the letter on 19th Oct., and went on the Sunday after—I went to the house he had occupied, and afterwards to Mrs. Chapman's—I there saw the prisoners—I said I expected to find my uncle lying in bed, but he was dead and buried—Mrs. Chapman said she had done everything for him that was requisite, and had been at a great expense and trouble, and my uncle had left everything to her—I did not ask anything about a will, she told me that my uncle had left a will leaving everything to her—I asked to see the will—she said she would produce the witnesses of the will, but she did not offer to show me the will—Higgins said, that everything was left to Mrs. Chapman—I said I was not interested for myself but I was for the children, and if they could not prove satisfactorily that they were entitled to the money, I should take proceedings against them—I then returned to town—between a fortnight and three weeks after that, Higgins came up to town, but previous to that I received a letter—this is it (produced), it came by post—I sent no answer to it, and on that Higgins came up—he saw my father, myself, and my wife together—the letter was produced, and Higgins stated that he had written that letter by order of Mrs. Chapman—what passed was to the same purport as the letter—we said we could not answer it until we had an answer from my cousin—(letter read, "Woolwich, 7th Nov., 1853. Mr. Charles Reader, Sir, I avail myself of this opportunity in communicating this note to you, trusting the same may meet you and your father enjoying good health, and return you many thanks for your kind proposals in offering your aid as well as that of your father in enabling me to recover the effects of the late John Reader your uncle. You will remember, I acquainted you of an elderly man and woman of middle age, coming to me, the latter representing herself as daughter of the deceased; I have further to acquaint you, that some-person or persons are striving to disinherit me of your late uncle's effects bequeathed to me prior to departing this life; whether you are acquainted with the proceedings
now going on I cannot say. I am informed by Mr. Pidcock, the solicitor, that there is a caveat thrown in Doctor's Commons, as a preventive of my drawing any of the moneys invested in the Woolwich and Plumstead Savings Bank; whether it has been through the medium of any of the deceased's relatives, or that of the parish authorities I cannot say. Should you be acquainted with any steps that may have been taken with any of your relatives, you will greatly oblige me by favouring me with the required information, and should the same be done through the means of any of your family, I am ready to resign all further attempt or claims to the will and the bank book still in my possession; but should my antagonists be any of the parish authorities, I am determined to maintain my rights by retaining the above book, should it cost me every farthing through law, as they have been the means of endeavouring to persecute me, first in calling on a Coroners Inquest and having a post mortem examination on your late uncle, and secondly, when they found your aged and infirm relative met with his death fairly, through an old pleurisy and a case of bronchitis, they, I have every reason to believe, are now striving to deprive me of your dear uncle's last will and testament. As I before stated, should it be any of the family striving to recover the same, I am content to resign all further claims, on the grounds that all my expenses are remitted to me You will do me a great favour by acknowledging this as early as possible, signifying your opinion; by so doing you will confer a great favour. "Signed" John Chapman" and "Mary Chapman." "P. S. You are acquainted with the respectable manner I had your late uncle interred; I also acquainted Mr. Pidcock, the solicitor, of your calling on the Sunday, and gave him your address, Blenheim-place, Blenheim-steps, Oxford-street"—I did not see Mrs. Chapman after Higgins came and spoke to me about that letter.
Cross-examined. Q. How long before that time had you seen anything of the person you believe to be your uncle? A. About four years; it might be a little more, or a little less—I cannot say how long he had been living at Woolwich—I had merely heard of him by my cousins—there are a great many of us, children of different brothers—the deceased bad a son and a daughter, I believe—I never saw them till this affair; I have seen the daughter since, but not the son—I have never seen him at all—Mrs. Chapman told me, openly, that it had all been left to her.
ROBERT READER . I am a brother of john Reader, who died on 13th Oct, at Woolwich—the last witness is my son—my brother bad two children, I believe—I have seen one, a daughter; her name is Harris—I was present when Higgins came up and spoke about the letter.
Cross-examined. Q. Did you say, or your son in your hearing, that you were perfectly satisfied, so that Mrs. Chapman did not give up the book to the parish authorities? A. Yes; it was Mrs. Chapman's wish for him to say so, and he did say so, and that he was glad to find his uncle had not been thrown on the parish—he did not say he would give every assistance in his power to enable her to get the property, nor did I say so—Higgins said that Mrs. Chapman was willing to give it up if my niece would come and take it, according as he expressed it in the letter—they have always expressed a willingness to give it up to any real relation of the party, but they did not do it—it must be ten years ago, or more, since I last saw my brother—I never saw Mrs. Harris with my brother; she claims to be the person entitled to the property—I never saw her with my brother, because I have been away from there—the substance of the conversation with Higgins was, that we were both willing that the parish should not have the
book, and if any relations came forward that they should have it, but then she would not give it up at all.
MR. BODKIN. Q. I am afraid it is in the place they call Doctors' Commons now, is it not? A. I do not know.
Cross-examined. Q. About how old are you? A. Thirty-four or thirty-five; it is four years ago since I last saw my father—he then came down to my house at Lewes—I have seen him at the lodging house at Woolwich, and stayed there a fortnight; that was ten years ago—that was not Mrs. Chapman's lodging house—I have not seen him since he was at Lewes, four years ago.
MR. BODKIN. Q. When you saw him at Woolwich, was he keeping a lodging house himself? A. Yes, in High-street; he sent for me in a case of sickness.
SAMUEL WATTS re-examined. I knew the deceased when he kept a lodging house, at Woolwich five years ago: it was in High-street—I believe he kept that house four or five years—I was frequently at the house for lodgers of a night.
MR. PAYNE. Q. Do you know Mrs. Harris at all? A. No.
CHARLES JOSEPH CARTTAR , Esq. I am one of the Coroners for the county of Kent I held an inquest on the body of John Reader, on 15th Oct., at Woolwich—the prisoner, Mary Chapman, was the first witness examined—she did not tender herself; she was summoned there by my order—she was sworn—I took a note of what she stated (reads: She said, "I knew the deceased by the name of John Reader—his age was about seventy-two years, a labourer—he had lodged at my house about the last four years—he paid me 2s. a week—he was taken ill last Friday week, 7th Oct—I sent for the doctor, who attended him, until his death, daily—I did all the doctor ordered, and every attention was paid to the deceased—he died on Thursday last, 13th Oct, about 5 o'clock—he was sensible up to the time of his death, and knew me—he was able to sit up in bed at times; he did so the day before he died—he signed his will the day before his death—the will I have left with Mr. Pidcock, the solicitor—the deceased has no relations that I know of—he had some money to live on; he did not want—I refuse to tell the contents of the will; that is my business—he kept his bed from the day he was taken ill to the time of his death.'")—That statement was made in answer to questions put by me—I asked her what the contents of the will were, and she refused in those words, "I refuse to tell; that is my business"—I did not press it, because it was no part of my duty—it was in consequence of information conveyed to me, that I put the questions as to his being sensible—my object was to ascertain the cause of death.
Cross-examined. Q. You did not press the question about the will, because you did not think it was legitimate? A. I had satisfied myself at that time from the medical man, of the cause of death—it was upon the suggestion of some unfair play that I held the inquest—the medical man could not ascertain the true cause of death, and a post-mortem examination was made by my order, and then he stated that the party died from natural causes—the jury returned a verdict that he died from bronchitis, from natural causes—I do not know the prisoner at all.
(The two wills were put in and read; both were dated 12th Oct., 1853, and
bequeathed the whole of the testator's property to Mary, the wife of John William Chapman; in the first will, the money in the earnings bank was stated to be 122l. 7s. 1d.; the mark of John Header to both wills was witnessed by Thomas Higgins and Daniel Fitzpatrick: and to the first by Richard Hunford in addition.)
MR. PAYNE to THOMAS MORGAN. Q. How long have you known Mr. and Mrs. Chapman? A. Six or seven years; they bear a very fair character—I never heard anything against them.
MR. BODKIN. Q. I believe it was in consequence of your interference that the relatives were discovered? A. It was.
MR. PAYNE to ROBERT DALEY WALKER. Q. Did you receive any money from Mrs. Chapman in payment? A. Yes, that was after the churchwarden had seen the deceased; he told me that I had no right to attend him as a pauper—that was the day prior to his death; she gave me 35s. altogether; 30s. the day before he died, and 5s. afterwards—the medicine I gave him was ten grains of jalap, and five of calomel.
MR. BODKIN. Q. Why did you take the money if it was a pauper's case? A. I contract with the parish to find medicine for the paupers, and it would be a fraud on me if they took my medicines as paupers, and yet could afford to pay for them—I had informed myself that he had property at the time I received the money.
MARY CHAPMAN— GUILTY [Recommended to mercy by the Jury in consequence of their good character, and the kindness shown to the deceased. See original trial image.]. Aged 30.
HIGGIN— GUILTY. Aged 45. Recommended to mercy by the Jury in consequence of their good character, and the kindness shown to the deceased.
309. MARY CHAPMAN and THOMAS HIGGINS were again indieted, together with RICHARD HUXFORD , for a like forgery on the same day; and also for conspiracy to defraud the next of kin of the said John Reader: to which
MARY CHAPMAN PLEADED GUILTY . Aged 30.
HIGGINS PLEADED GUILTY . Aged 45.
Confined Two Years.
(MR. PAYNE, for the prisoners, stated that they had taken this course in order that the relatives of the deceased might be enabled to recover the property without difficulty. MR. BODKIN, on the part of the prosecution, recommended them to mercy; and offered no evidence against Huxford.)
HUXFORD— NOT GUILTY .
Before Mr. Common Serjeant.
PLEADED GUILTY . Aged 17.— Confined Six Months.
MR. HORRY Conducted the Prosecution.
HENRY SHEPHARD . I am a cow keeper and milkman, of Lower-road, Deptford. On 15th Jan. I left my house and shop secured at 8 o'clock at night—the front door was fastened with a lock and chain inside; I came out at the back door, and locked that after me—I left no one in the house—I was away all night—I came back at half past 6 o'clock next morning, and found the front door open; there were no marks of violence—I missed three silver spoons, a silver butter knife, a single barrelled gun, two great coats, a double barrelled pistol, a half crown, and some halfpence—the
spoons had been in a tea tray in the front or back room, I cannot say which—the butter knife was in a desk, locked up; the gun was hanging over the mantel-piece in the back room—they must have taken the keys out of my coat pocket, for I found them in the desk—these spoons (produced) are mine, and are what I lost, and this is my gun—the place is used as a milk shop; it is in the parish of St. Paul, Deptford—no one sleeps there—nobody uses the house besides me; I was the last person there—the prisoner has never been employed about the premises; I know nothing of him.
JOHN WHITE (policeman, R 180). I received information of this robbery, and made inquiries—I called at Mr. Wade's, a pawnbroker in the Kent-road, and Mr. Filmore's, in the Kent-road—one is two miles and a half, and the other is three miles from the prosecutor's house—I found the spoons and butter knife at Mr. Wade's, and the gun at Mr. Filmore's—I went in search of the prisoner from the description given by the pawnbrokers—I met him going up East-lane, and asked him his name—he said, "What do you want to know for?"—I said I was a policeman—he said his name was Thompson—I said, "I do not believe your name is Thompson, I believe it is Fuller"—I asked him why he gave the name of Thompson; he said his father was in difficulties, and he thought I wanted him—I told him the charge; he said, "A pretty thing indeed, breaking into a house"—I took him to Mr. Wade's, and Mr. Haywood identified him—he said he thought the pawnbroker made a mistake in the person—he was taken to the station.
ROBERT HAYWOOD . I am assistant to Mr. Wade, a pawnbroker, of Crown-place, Old Kent-road. On 16th Jan., between 11 and 12 o'clock, the prisoner came, and pledged these teaspoons and a butter knife in the name of Fuller—I am quite certain he is the person—I knew him before.
GUILTY of receiving.
(The prisoner was further charged with having been before convicted)
JOSEPH GREENE (policeman, R 315). I produce a certificate (read—Central Criminal Court; Michael Fulwood, convicted Nov., 1852, of stealing twenty-five casks; confined one year)—the prisoner is the person referred to.
GUILTY. Aged 20.— Four Years Penal Servitude.
Before Mr. Recorder.
PLEADED GUILTY . Aged 44.— Confined Four Months.
Before Mr. Common Serjeant.
HENRY MASON BUSKIN . I am the son of Henry Godfrey Buskin, he lives at Lee-park, in Kent; the prisoner was in his service. On the Friday before the 19th of Jan., my father sent for a constable; he came, and soon after I went into a room occupied by the prisoner—she was there—I saw the constable with two bottles of wine in his hand—the prisoner was taken to the station—I went afterwards, and saw some bread and butter, and flour, and candles—I only know this wine by the seal on the bottles—this bottle has on the seal, "Jones, 28, Mark-lane"—I cannot speak to the other bottle.
asked her whether she would allow her box to be searched; she said, "Yes," and she took the key and unlocked it—there was a piece of bread, three candles, a quartern of flour, and some butter, and in a portmanteau, in the same box, there were two bottles of wine—she said the bread and butter, and candles, were her master's, and the wine she had bought at a public house in London, and the flour also she bought in London—the prosecutor said, "It is very strange that you should get this wine from the same merchant that I get mine"—she made no answer to that.
GUILTY. Aged 25.—Recommended to mercy by the Jury. — Confined Two Months.
Before Mr. Recorder.
DAVIS PLEADED GUILTY . Aged 18.
FOLEY PLEADED GUILTY . Aged 17.
Confined Twelve Months.
WILLIAM CRESSWELL . I am manager of the Sydenham Gas-works. Between 10th and 13th of Jan., the prisoner came to the Gas-works; he came two or three times—he came to me in the office, once or twice, while I was there, and once or twice in my absence—at first he told me he came on a friendly visit, but afterwards he said he was out of work, and he applied for relief—I had known him some years ago, and I gave him 2s. in money—I had in my office a spirit level on a shelf—I mused it one evening, to the best of my knowledge on a Wednesday—I think the prisoner had been there on the Monday or Tuesday, and on the Wednesday in the same week I missed the level; I have seen it since—after I missed the level, the prisoner came again on Monday, 23rd Jan., I told him I had lost a level out of the office, and asked him if he had seen it—he said he had seen no level, and none he wanted to see—I asked him if he would walk to the Bell with me—I told him that I had heard that he had shown it there—he still denied having the level—he told me he had a level, but it was his own; and he had sent it with other things to London—I asked him to go up the village, and we went up; and he wanted to go in the Red Lion—I told him I did not want him to go there, but he went and I followed him—he went to a back yard—he then came out of the public house, and he shot into the next yard, Mr. Standen's yard, and he went to a closet there—I wanted to stop there till he came out, but he pulled the door to—I waited till he came out, and we then went on—he said, "Where now"—I said, "Come on to the Peacock"—I then gave him in charge, and the policeman took him back to the closet—this is my level, to the best of my belief; I had two of them—this is the same size and pattern.
Prisoner. Q. Can you recollect you asked me if I had a spirit level, and I said, "Yes; I had one yesterday, but it is my own property, it is one that I bought in Leeds, in Yorkshire, and paid for it?" A. You did say you had one, and it was your own property; you did not say when you bought it, nor where—I think I said, on my examination yesterday, that you called on me on the Monday previous to the level being lost.
Prisoner. I came by the train, on Tuesday morning, from Bletchley to London.
prisoner was given into my custody by the last witness, at the Sydenham police station—I went to a closet in Mr. Standen's yard, and after removing a piece of paper, I found this spirit level in the soil in that closet—I had some conversation with the prisoner before I found it—he stated, at the station house, that he had a spirit level, which he gave to a man named William Richardson to take to a coffee shop in Aldersgate-street—I went to Mr. Miller's, a coffee shop, No. 21, Norton Folgate—the prisoner described the coffee house as being next door to Mr. Burroughs's, and Mr. Miller's coffee house is so.
HENRY STANDEN . I am a dealer in marine stores, at Sydenham—I have a yard opening into the road, and a closet in that yard. On the morning of 23rd Jan. I saw the prisoner; he came to my gateway, and shot in there, and down by the water-closet—I said, "Where are you going?"—he said, "It is all right"—I followed him, and asked him what he was doing—he said, "It is all right"—Mr. Cresswell said to me, "Do you know that man?"—I said, "No further than he lodged with me two nights"—the prisoner came out, and went away with Mr. Cresswell—I went directly afterwards up the Common, and the policeman came and went with me to the soil, and pulled the level out.
Prisoner. You say that I slept at your house two nights? A. So my lodgers told me—I was not at home on Saturday night—I understand it was you that was in my bed—I do not know whether Phillips was an acquaintance of yours—you dined at my house on Sunday—on the Monday, between 10 and 11 o'clock, Phillips was about, but he never went in the water-closet while I was there—I told my wife to let no one go in the closet till the policeman came—I will not undertake to swear that the level was not there the night before—Cresswell told me that he believed you were gone there to plant a level; that is all I know, and it was found there—the policeman was present when I first saw this level—I can swear by the case that this is the level that was taken up—when I first saw it Phillips was there—I saw it, but would not pull it out; it was not buried in the soil.
COURT. Q. Did you see it in the soil before you went with the policeman? A. Yes, but I could not tell what it was—I went up the Common, and the policeman was coming.
Prisoner. Q. Did you not swear that the officer took it out, and found it? A. Yes, he did find it—I had no business with it—I did not see you put it there, nor see it in your possession.
THOMAS KNIGHT ANDREWS . I am a carpenter, at Sydenham. I was at work at the office of the Sydenham Gas-works on 12th Jan.—I remember the prisoner coming in the office—I spoke to him, and am quite positive it was him—what drew my attention to him was, there were two of us, and I said he was very much in the way of our work—he went away, and he came again about 7 o'clock in the evening—I had a good light, and I saw him put his hand on the shelf and remove the spirit level while Mr. Cresswell was writing a direction on a letter—the prisoner took the level down, and looked at it—it was about the size of this one—this is about the description of it.
Prisoner. Q. Did you ever see this article before? A. I have seen one like it; I never said I would swear that this was the one I saw in the office—I wanted your room rather than your company—I did not suppose I was in company with a thief—I was there in the morning.
Prisoner. Q. Was it not the same day when Cresswell lent me 10s., and took a book of mine as security; and did he not write a note? A. He
wrote a note in the evening for you to take to town, and you asked him to allow you to see the contents before he sealed it—I can swear you took the level off the shelf that evening; I saw you—if I do not mistake I think it was on the day afterwards that it came to my knowledge that the level was missing—I saw you take the level from the shelf that evening, and look at it—what you did with it I cannot say—I and my partner were at work.
Q. Can you swear that that other man might not have gone in and taken that level? A. I can swear for myself and likewise for my partner, that we did not—I would not be answerable who came in or out of the station—there were several persona.
WILLIAM MURPHY . In the first week in Jan., I was in the employ of the Sydenham Gas Company, as a collector—I saw two levels in the office on the 12th or 13th Jan.—I examined them both; I found one of them was not quite true, and I filed one of the screws down a little—I left the marks of the file on it—I did it to lower that side to make it true—this is the level—I think these are the marks of the file; these are very similar marks to those I made—I believe this to be the same level.
Prisoner. Q. Do you know who that spirit-level was made by? A. No; I cannot say whether that same person has manufactured more like it—if one that was not true had fallen into the hands of any other person, they might have filed the screw down—I cannot swear that this is the very same level; I believe it is—I never saw a spirit-level in your possession.
COURT. Q. After you had so marked the level, did you leave it in the office? A. Yes, I did.
Prisoner's Defence. It seemed by the evidence of a witness examined yesterday, that he saw me with a spirit-level in my possession on Sunday night, and he swore that the prisoner took it away in his trowsers' pocket, and the ends of the level, as far as he could see, were green; now I ask whether either of these two ends can he said to be green; the middle part certainly is green, but the other witness, Goldsmith, said the ends were green; it appears the manager has lost a level; the carpenters were at work there, I do not know how many days, and how am I to know whether either of those carpenters might not have taken this level, or one something like it, for neither Campbell nor Murphy can swear it is their property; but they have lost one, and this one has been found, but there is no evidence to prove that this level, or one like it, has ever been in my possession; you have it in evidence, that I lodged two nights at Standen's-house; I met him, and he took me to his lodging, and there were several other lodgers there, but there is no evidence that I was in the water-closet, that I had a level in my possession when I went there, nor that I bad a level after Sunday night; I gave it into the hands of another gas fitter to take to London for me; he took it there, but he could not find time to take it to the place where I directed; they said they suspected me, but I was at Sydenham on the following Sunday, and on the Sunday after that, but nothing was said to me till Monday morning, then Cresewell said, "I understand you had a spirit level in your possession, and we have lost one;" I said, "I had one, but I sent mine to London;" if the Jury have any evidence that I took it or put it anywhere they may return their verdict accordingly; but if they have any doubt, the prisoner should have the benefit of that doubt; I left Nottingham on the 9th Jan., and on the 12th I came to see Cresswell about the Gas-works; I am a native of Gloucester, but I have been at Nottingham some years: I came to Euston-square
station on the 10th Jan.; I do not think I have any witnesses here who can throw light on the subject; Cresswell swore he saw me on their premises on Monday, 9th Jan., but the parties from Euston-square station could prove that I came to that station at middle day on the Tuesday.
JURY to WILLIAM MURPHY. Q. Can you fix the day you saw him take the level from the shelf? A. I cannot be positive whether it was Wednesday; it was there, or there about—I was employed there from the 10th to the 13th—I cannot say which of the three days I saw him with the level—to the best of my knowledge, it was on Wednesday.
JURY to HENRY STANDEN. Q. Were your lodgers working at the Gasworks? A. No, I know they were not—I had one named Phillips; he works at the Exhibition.
GUILTY . Aged 42.— Confined Twelve Months.
JOHN CARTER . I am in the service of Mr. Gregory Brown; he keeps the Canteen, in the Artillery-barracks, at Woolwich. On 14th Jan. I had occasion to go into the coal cellar, which is at the back of the house—there is a cow shed at the entrance to the coal cellar—I had to pass through the shed to get to the coal cellar—there is a back door close to the coal cellar—it is used by military men and others to come into the Canteen—it opens into a small passage, where the soldiers go past—a person standing at that door cannot see the entrance of the coal cellar—as I was going into the coal cellar on 14th Jan., I found some bottles in the right hand corner of the coal cellar—the coal cellar was not kept locked—the bottles were wrapped in hay and coals—there was a black mark with ink across the corks of two of the bottles—I did not disturb them—I gave information to Edward Dutton, a lad who works there along with me—he came and looked at them—the policeman was sent for about ten minutes afterwards—the policeman came, and was watching out of one of the windows at the back of the house—I had seen the prisoner in the tap room that morning, eating a mutton chop—about 9 o'clock that morning I had occasion to call to the cellarman about putting some beer into bottles, and at that time I saw the prisoner at the bottom of one flight of stairs—there was one small flight of stairs from where he stood to the cellar door—those stairs do not lead to anything except the cellar.
Prisoner. It was 10 or 11 o'clock when I was there. Witness. He was having the chop about 11 o'clock—that was after I saw him at the stair foot.
JOHN NEWELL (policeman, R 340). I was sent for to the Canteen on Saturday, 14th Jan., about half-past 4 o'clock in the afternoon—I placed myself against the window of the second floor, to watch—I could see from there the passage that leads to the coal cellar—I could not see the door that opens into the passage—that passage leads from the back door of the Canteen—it is a way to go out till 4 o'clock in the afternoon, and then that door is locked—about half an hour after I placed myself there I saw the prisoner and an Artilleryman go towards the door, where it was pointed out to me that the bottles were concealed—I knew the prisoner before, but I did not know it was him at the time I saw him go; I had not the opportunity of seeing his face—after I had seen them go towards the cellar, I saw them come back in about five minutes—the prisoner returned with a soldier's coat and cap on—they had changed clothes—the prisoner came
back in a military costume—I am sure it was the prisoner—they went in the back way of the Canteen—I left the window, and came on the stairs—I saw them pass the window of the Canteen; I followed them to the barrack yard, about sixty yards from the Canteen—I stopped the prisoner, and told him I took him on suspicion of stealing wine from the Canteen—I called the sergeant to my assistance—the prisoner said, "Very well, that will do"—I found on him three bottles of whisky and two of sherry—he had a large military great coat on, which went over all—two of the bottles were in his trowsers' pockets, and the others in the military great coat—these are them—the corks of the sherry have a black mark on the top—I took the prisoner to the police station—the other man got away then, and was not taken till the Monday following—the Magistrate thought as he had been at work, he might be drawn into it by this man, and he was discharged—his name was Martin—after the prisoner was taken to the station, I went to Martin's room in the Barracks, and found the prisoner's coat there—in the fireplace in that room I found several bottles broken, and the corks marked with black stripes just the same as these are—I found eight men in that room, in bed, drunk—they had all been throwing up from the drink they had taken; and likewise the corporal was drunk—I afterwards identified Martin—I went to the coal cellar on the same evening, about an hour afterwards—I there found a bottle of whisky corresponding with those I found on the prisoner; I also found that the back gate was locked, and had been locked previous to the time that I went to watch, so that no one could come to this back place unless by going through the house—I ascertained it was locked before I went to the watch—it is supposed to be locked by the provost sergeant every afternoon at 4 o'clock.
Prisoner. I was drunk. Witness. He was sober.
HENRY WOMBWELL . I am cellarman to Mr. Brown. I was in the cellar on 14th Jan., about 1 o'clock—I saw the prisoner about that time coming into the cellar—I met him about half way up the cellar—I spoke to him, and asked him what was the matter—he said, "I saw the flap open, and I thought I would come and look at your cellar"—I said Mr. Brown did not allow any one to come into the cellar—he turned round, and muttered something, and went towards the place where he came down—he stood a second or two, and then went back—the whisky and sherry were kept in a small cellar on the right of the ale cellar; it is close to the bottom of the stairs—I turned into the ale cellar—I was able to see from there the place where the whisky and sherry were kept—the doors are opposite—the door of the cellar where the whisky and sherry was kept was open—there is a passage leads from the ale cellar to the whisky cellar—in going up the stairs he would have passed the place where the whisky was—I could have seen him if he had gone up the stairs, but he did not; he went out the same way be came in, up the flap, and in going that way he would not pass by the whisky—I had seen the whisky and sherry the day before—I did not count it—I believe there was two dozen of whisky, and thirteen bottles of wine, that I had counted—on the Saturday evening I examined them again, about a quarter before 6 o'clock, I found two bottles of whisky, instead of two dozen, and only six bottles of sherry—when I saw the prisoner about 1 o'clock he appeared as if he had been drinking.
Prisoner. I asked him if I might go down, and he showed me over the cellar, and told me to fetch two pipes. Witness. No, I did not; I was putting two beer pipes up.
COURT. Q. Look at these bottles; were your whisky and sherry bottles
marked like these? A. Yes; here is a black mark on the sherry, and the whisky merchant's name is on the whisky, "Kinnear."
Prisoner. I know nothing about it; I was intoxicated; a gunner asked me to carry the five bottles, and I did.
GUILTY . Aged 26.— Confined Four Months.
Before Mr. Justice Wightman.
317. ROBERT WOODS was indicted for feloniously setting fire to the dwelling house of William Carpenter, he and his wife being therein.—2nd COUNT, not alleging any one to be in the dwelling house.—3rd COUNT, for attempting to set fire to the house with intent to injure the said William Carpenter.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JOHN SQUIRE (police sergeant, M 17). The prisoner was a police constable in the same division; he has been a good many years in the police force—I should say, nearly sixteen years. On the morning of 13th Jan., he was on duty in Bermondsey—it is part of my duty to go round the beats, and see whether the constables are on their beats—between 12 and 1 o'clock in the morning of the 13th, I went round the beat in Bermondsey-street—I know the house of William Carpenter in that street; it is No. 101—it is in the parish of St. Mary Magdalen, Bermondsey—as I approached the house, I saw the door standing partly open, about half a foot open, I should say, and there was a light proceeding from between the door post and the door—I should say I was not more than a yard from the window shutter of the house at that time, I was walking very near the house—as I passed by I saw the light, and I looked in and saw a man standing in the shop—he had a light, standing against the partition with it in his hand; it was a lighted piece of paper—it went out—I was not aware at first that it was a policeman—I looked in again, and I saw him then light a piece of paper from his lamp and put it against the partition—the paper on the partition caught light; it was not very much that was alight—the paper that was on the partition did not appear to burn freely; the paper that he had in his hand burnt the most; however, I saw the fire on the paper go up between the crevices in the partition—the partition is here—when I saw that, I cried out, "Woods, what are you about?"—I knew then who it was; I saw his number reflected from the light that was in his hand—when I spoke to him, he put his hand and knocked the fire out, the light that was on the paper—(producing the partition) this is where the fire was going on—this is where I saw the paper, and the fire went up here—I only saw the light going up here (pointing it out)—when I called to him, he put the light out—he knocked the fire out with his hand; it was out in an instant—when I said to him, "Woods, what are you about?" he said, "If I had not come in, the house would have been on fire"—I asked him if he had called the inmates; he said he had, and shortly after that I heard a voice from up stairs, and Woods then cried out, "Carpenter!"—that was all I heard him say—Mr. Carpenter then came down into the shop—I was outside all this time; the prisoner was inside—I saw Woods showing Carpenter round the place with his light in his hand—it was his lantern that he had in his hand—he was not with Carpenter in the shop above two or three minutes, I suppose: not
five minutes at the outside—after he had shown Carpenter round the shop, I took him to the station house—he came to the door—I asked him what he had been doing; he made no reply, and I then said I should take him to the station house and state the case to sergeant Reed, who was on duty, which I did—the prisoner did not say anything—I took him to the station, and told him, in sergeant Reed's presence, what I saw, and then sergeant Reed desired me to go and acquaint inspector Branford of the circumstance—I told sergeant Reed, in the prisoner's presence, that I saw him put the piece of paper in the lamp, and set alight to the partition—the prisoner did not make any observation on my stating that—I afterwards went back to the house of Mr. Carpenter—I examined the street door, and saw that the hasp had been forced out of the door—it was picked up and given to me by a witness; I did not see it picked up—inspector Branford knocked the partition down in my presence—it was a fixture, nailed up; we had to use a hammer to knock it down—I saw a parasol in the shop—this is it (producing it)—it was standing on the opposite side of the partition, at the back—it was not close to the partition, it was standing about a foot from it, or it might be more—there is a window, and the partition divided it—one side is where Carpenter works, and the other side is a window, where he puts his umbrellas—the parasol was on the work bench—it appears to have been burnt; there are marks of fire on it—I saw it after I came back to the shop—I did not notice it in the first instance—this is the piece of the paper that was on the partition (producing it)—it was taken off in my presence; it is burnt—it was taken off after we returned—I saw it removed that same night, when I came back from the station—these are the ashes from the paper that we picked up afterwards, that had dropped underneath.
Cross-examined by MR. PARRY. Q. I do not exactly understand about this partition; you say a piece of paper was torn off when you went back? A. Yes, this piece—the inspector tore it off; I did not do it—I am sure I do not know why it was done—it was a part of the burnt paper—he took hold of it with his fingers, and tore it off; it came off easily—at that time the light had been extinguished—this partition stood nearly in the centre of the shop, nearly in the centre of the window—it is the partition that divides the window—there are umbrellas in both windows—it does not divide the shop itself, it only goes part of the way across the shop.
COURT. Q. Is that the whole of the partition? A. No, it is not; we sawed off this piece of it—it is larger than this—this is the whole width of the partition—adjoining it on the other side is glass—it divides the window into two.
MR. PARRY. Q. Where was this piece of paper taken from, from here? A. No, from here (pointing out the place); the umbrella or parasol was found on the opposite side, on a work bench on the shop front—it is a work bench in front of the shop window—the umbrella was not alight when I was there; I found it after I returned from the station-house, Mr. Carpenter pointed it out to me—this is where I saw the fire (pointing it out again)—I was on duty on this occasion—it was my custom to go my rounds every evening, at all times—we do not tell any time we are rooming—I had been at different times the night before—I might have gone at 12 o'clock, and I might have gone at 1 o'clock—I cannot exactly recollect the time, and I might have gone at 2 o'clock—I did not go at 12, 1, and 2 o'clock—sometimes I go round three times, and sometimes four times at night; sometimes I see the same man five or six times, I do not see them all alike—the men are aware that I come round; that is my duty, to see that they do theirs—this was the
second time I had been round on that night—it might have been just before 11 o'clock that I had seen the prisoner before—it was as near about 11 o'clock as could be—Bermondsey-street is a thoroughfare—it is a considerable thoroughfare in the day time—it is a thoroughfare at all times—there are a great many more persons pass through in the day time than at night—I have been in the force, I should say, fourteen years last July—the prisoner has been in the force longer than me—he is entitled to a pension after fifteen years service if he is passed unlit by the surgeon—the amount depends upon that—his would be 27l. a year for life, if he was passed as disabled—some men only get 17l., and some 18l.—he might be entitled to 27l. for life—I do not know whether he has made any application about a pension—Mr. Carpenter sells combs, and different things, besides umbrellas—the outer door was open, so that I could see the prisoner—it was not wide open, it was pulled about half a foot open, or it might be a little more—you have to go down a step to reach the door—it is a small house, and it has got a ware-house overneath it where they keep wool, a kind of loft—it is a very old house, one of the ancientest buildings in the street—the prisoner has been in the same division as I have ever since I have been in it—we have done duty together for years.
Q. Do you remember that in 1848, in capturing a burglar, he received a violent blow on his neck with a brick? A. I have heard so; that is the tradition of the force—I have heard that at another time, in 1849, his head was broken, and that he was laid up about six weeks in the hospital—I believe he has had a great many blows from first to last.
Q. Don't you know that he was six weeks in the hospital, and that he was delirious during a great portion of that time? A. I did not see him during that time, but I know very well that he has been knocked about a good deal—he had his eye knocked open, and was laid up for some days, I believe—I know that he received a stab in the thigh in the course of the performance of his duty—I do not know of my own knowledge that he was laid up for ten days that time, the inspector will be able to tell you—I know a man of the name of Mehennick—I believe he lives with Woods; I do not know that he does now, he did—he did so three or four months ago.
Q. Has Woods, or Mrs. Woods, ever spoken to you about your quarrelling with your wife? A. Never; I do not know that my wife at any time ran away from me and went to Woods' house—I went there and inquired if she was there, and Mrs. Woods said that she was not; that is all I know—that was every word that passed—Mehennick lived there at that time—I did not say that I would learn or teach Mehennick not to harbour my wife—I swear that I never said that—I asked Mrs. Woods if my wife was there, and she said, "No;" I do not recollect anything else passing, I walked away again—I did not, that I am aware of, say, "I will teach" or" learn Mehennick to harbour my wife"—I have no recollection of saying so.
Q. Will you swear you did not? A. I have no recollection of saying so.
Q. Did not you, shortly after you had gone to the house of Mrs. Woods, make an accusation against Mehennick? A. No; I reported him a day or two afterwards—I call reporting him making an accusation against him.
Q. Why did you say that you did not make an accusation against him when I asked you? A. Not at that time I did not—two days afterwards I did—I do not recollect saying anything of the kind to Mrs. Woods about teaching Mehennick to harbour my wife—I have been examined before as a witness.
Q. You know the difference between positively pledging your oath, and
your recollection; will you swear you did not say so? A. I have no recollection of saying it; Mehennick has retired from the force—he has got a pension of 31l.—he was a sergeant; the prisoner was not.
Q. Since the prisoner's committal have you applied for a copy of the depositions, pending this accusation? A. I asked Mr. Tandy if he would oblige me with a copy of the depositions; he is one of the clerks of the police court—I asked him for a copy merely for my own guidance—it was not for the purpose of reading over what I had said before the Magistrate; it was merely for to see, for to look over, that was all—I got the depositions—Mr. Tandy is a clerk at the Southwark police court—I did not pay him for them—I did not get the whole of them, only my own evidence—I did not get it for the purpose of reading it ever, I had it for my own guidance—I did not get it for the purpose of reading it over before I gave my testimony here to-day; I had it merely for my own guidance, that is all.
COURT. Q. Was it to see what you had said? A. Merely just for to see that I was correct in my statement.
MR. PARRY. Q. How often have you read it over? A. Once; I will swear that—it is at home.
Q. Will you swear that? is it in your pocket now? A. I do not know that it is; I will not swear it is not—it night be—I had it in my pocket a day or two ago.
COURT. Q. Come, come, is it in your perfect now? A. Yes, it is.
MR. PARRY. Q. Why did you tell that lie to the Jury this moment, and say that it was At home? A. Why, I recollect putting it in my pocket-book; I have not read it over this morning.
COURT. Q. Never mind about reading it over; did you know it was in your pocket at the time you said it was at home? A. No, I did not; I did not know but I took out my pocket-book last night when I was at home; but when that gentleman asked me the question, I recollected then it was in my pocket.
MR. PARRY. Q. Do you really mean to tell these twelve gentlemen that you did not know it was in your pocket when I asked you that question? A. No, I did not, not at first; I never gave it a thought—it is not a habit of mine to apply for a copy of my deposition; I generally make notes myself—I have never before applied for a copy of my deposition in a case that was to be tried where I was to be a witness; I will swear that—I have not applied before for depositions—I have not taken copies myself—I very often make memorandums at the time myself.
Q. New I distinctly understand you; do not let there be any mistake about it; this is the first instance in which you have applied for a copy of your depositions? A. It is.
MR. CLERK Q. At the time that you went to Woods' house, some time ago, to inquire about your wife, you say Mehennick was there? A. I never saw him; I reported Mehennick a day or two afterwards, for making use of obscene language, at the station house—that report stood over for three months, to have Dr. Fisher's decision upon the state of his mind; it was then that he left the force—it was thought that he was rather delirious sometimes.
MR. PARRY. Q. Did not Mehennick remonstrate with you about the treatment of your wife, and was not that the reason you reported him? A. No, he did not; it was something about his clothing, in the fast instance; about his clothing not being clean, that was the first.
in parasols and umbrellas—we have a small shop there, and sleep in the back room upstairs—a lodger occupies the front room—the other part of the premises is a wool warehouse—I remember the night on which this matter occurred—my husband went to bed between 10 and 11 o'clock that night—I did not go till half-past 11 o'clock—the lodger had not come home when I went to bed—he had a key to a latch that was on the door to let himself in by—his name is William Clay—I did not look at the state of the door when I went to bed—after I was in bed I heard a noise; that was before I went to sleep; I might have been in bed perhaps ten minutes or a quarter of an hour—the noise seemed like a burst of something, and a fall like a heavy nail or iron—it appeared to be at the bottom of the stairs, which leads to the shop—it was a minute or two before the clock struck twelve—I heard the clock strike—after the clock had struck I heard a noise, as if from the falling of a transparency; that is a thing that is put in the window of a night to prevent persons from looking into the shop—you cannot see through it on either side; it is painted with letters on it; it is a thin frame, with calico painted over—when I went to bed the transparency was put across a little counter; it is put there of a night as soon as the gas is lighted—after hearing that fall, I heard nothing more for a second or so, and then I heard like the tearing of paper—I continued to listen, and after a second or two I heard a knocking—I then got out of bed, and called out at the top of the stairs "Who is there?"—a man answered me, and said "Carpenter"—my husband was awake before then; I awoke him when I heard the transparency fall, and he got up immediately—the first time I heard anybody call was after my husband got up; I am sure of that—I looked down into the shop, and saw a man there in policeman's clothes—he had a lantern in his hand alight—I also saw a man's feet, and up to his knees, at the door—he was close to the door—there is a step that goes down to the door; he was not down that step, but on the top of it—I could not see further than his knees.
Cross-examined. Q. You went to bed about half-past 11 o'clock, did you? A. Yes—I am sure I had not fallen asleep at all—I had been awake about half an hour; I was trying to go to sleep—my husband had gone to bed before 11 o'clock—sometimes we take our meals down stairs, and sometimes upstairs, where we sleep—there is a fireplace in the shop, and a fire in the day—there was a fire that day—the fireplace is at the far side of the shop, not near the partition at all—I was not the last person down stairs that night, my husband and the boy were the last down stairs—I was not in the shop till I went to bed—the last time I was in the shop was after the gas was lighted, about 8 O'clock—I was about some other duties after that—we make umbrellas ourselves—we do not use any heating apparatus for that purpose, no stove, or anything but the fire—we do not heat anything of brass or lead, only glue and a flat iron—we do not sell lucifer boxes—we do not use a red hot iron or anything of the kind; very rarely we have lucifer matches, not any tinder box—a good many people pass our place.
WILLIAM CARPENTER . I am a hairdresser and umbrella maker, in Bermondsey-street. On the night of 12th Jan., I went from my shop up stairs to my bed room, about half-past 9 o'clock; I did not come down again—I left the boy, William Webb, up in the house when I went up stairs—he was up stairs when I went there—there was nobody down stairs, only my father, who was in bed, in the back room ground floor—there was nobody left in the shop at the time I went up to bed—one of the gas
lights in the window was left burning—the fire was not alight; there had been a fire in the day time, but it had gone out—I cannot say to a minute or two when it had gone out; but I observed that it was out, and that was why I went up stairs to my room—there are two gas burners in the shop, but only one was alight at the time I went up stairs, that was the one in the window; it was within, I suppose, three or four feet of the partition—the gas is usually turned off when we shut up; but on this sight I went up stairs about that time, and sent the boy down a considerable time after to shut up, he was doing a little for his mother—we were shut up when I went to bed, not at half past 9 o'clock; I sent the boy down after that to put out the gas, and to shut up the shutters; that was after 10 o'clock—about 12 o'cloak I was awoke by my wife—I heard a noise in the shop, once, and only once; I thought it was the transparency that had fallen down; I thought the cat had knocked it down—my wife went to the head of the stairs, and I heard her call out three times, and after that I heard a voice call once "Carpenter"—on that I went down; I had not any light with me up stairs—I did not take any light down with me into the shop—I found one policeman in the shop, and one at the door—I now believe the prisoner is the man that I found in the shop; I was not aware of it at the time—he had a light with him; it was a lantern or lamp like policemen usually carry—I did not observe any other—I spoke first and said, I would kick my boy's backside for leaving the door open; seeing the door open, and the two men there, I thought it was so—the policeman said, "What for?" I said, "For leaving the door open, and troubling you and disturbing me"—he said "Is that all? or, "Is there anything else?"—I cannot say the exact words, it was one or the other—I said that was all that I knew of did he know of anything? And as I made that remark, I observed a sheet of Lloyds Newspaper that had been tacked over a broken square, was out, and the transparency standing sideways down—I said, "This has been torn out since I went to bed, but it is of no consequence, I did not set any value upon it"—the policeman made a further remark, I believe, and then he made the observation about fire; that there had been a fire, or there was fire, one of those two he mentioned—he threw the light upon the burnt partition as he stood, and I observed it on the moment, and then went up and saw it, and clapped my hand upon it, and found it warm—I saw that some of the paper had been burnt, it was black, charred—this is the partition—none of the paper on the partition had been burnt at the time I went up to bed, on the night of the 12th—upon seeing the paper burnt, I remarked, that I conceived I had not an enemy in the world to do me such an injury as this; and I said it had been done wilfully—I said, "Whoever has done this, it has not been done accidentally; God knows who could have had such a spite against me as to do me such a wilful injury as this"—at the same moment I saw this parasol on the bench on the other side of the partition, part of it seems to have been burnt—it was not in that state when I went up stairs on the previous night, it was sound, we were going to hang it outside the shop the following morning; it had been only painted the previous day; it was not folded up—it was standing open on my work bench; my wife had only had the fringe tacked on that evening, and I told the boy not to lay it under the bench, because it would get dirty, and he put it on the bench—it was at one end of the bench, nearest the partition; it was put there about 7 or 8 o'clock in the evening—I called the policeman's attention to the parasol—he remarked that it might possibly have been done by the
gas pipes, not by the gas lamps, but by the pipes; he said there was no gas on at the time he was in—the pipes are plain to be seen along the ceiling—the policeman turned his bull's eye on to the pipes when he made that remark; I replied, with all due respect to the Court, "D—d nonsense"—I said that, because I considered it was an impossibility to be fired that way—the policeman made no answer to it; the other policeman was still standing at the door at this time—he called to the one that was in the shop, "Woods, come here;" and he went out immediately—when I was going to close the door after he had gone, I found that the bottom catch, the hasp of the door, was off—I then dressed myself; the boy came down, after me—I was down first after I had dressed myself, and the boy and his mother came down together just afterwards—I did not see the boy pick up the hasp, I was at the other part of the shop—I had known the prisoner a good while before this as a police officer—I was never much acquainted with him, but I had spoken to him, and had seen him on the beat.
Gross-examined. Q. He had always behaved civilly to you, I hope, as a policeman on duty in the neighbourhood? A. Yes; I have known him several years on duty there, I cannot say for a year or two; he knew me before he was in the force at all; he has always behaved to me in a civil and friendly way—I have no reason to speak otherwise than well of him—I do not know that the boy is a careless boy, he has received a very fair education—I do not consider that he is a careless boy—there are two gas lights in the window, one on each side of the partition—the gas pipes are carried along the ceiling, and then come down—they do not pass through the partition; they pass by the top of it, it does not touch it, it is within as inch or so of it, and then is carried down to a fight in the window—that is about three or four feet from the partition—I should say I had been speaking to the policeman a minute or two before I heard the other policeman say, "Woods, come here"—I think I had.
COURT. Q. Did you at that time know who he was? A. I did not; I never recognized the man once, not to fairly look at him.
MR. BODKIN. Q. But when you were talking to him, did you know who it was that you were talking to? A. I did not; I was rather agitated and excited after he had discovered the fire to me, and I did not think of looking—I did not recognize him at any time before he left—he went away with the man who called him out—the gas burner swings down from the partition—there is no burner near the partition; it swings down in the centre of the shop; it is about three feet from the partition each way; I should say the one in the window is rather more.
WILLIAM WEBB . I am the son of Mrs. Carpenter, and live in Bermondsey-street, with my mother and her husband. On the night this matter occurred I shut the outer door about 20 minutes after 10 o'clock—I fastened it, by putting the latch into the hasp—there was a lodger out—he had a key to let himself in—I am sure the hasp was safe, and the latch catched—I put out the gas as soon as I had shut up—there were no lights burning then at all; there was only one light; that was in the window—the one in the centre of the shop was not alight—I put that out safely, and then went up stairs—I did not go to bed; I went into the room where my mother sleeps; I sleep in the same room—I went to bed about half past 11 o'clock; that was after Mr. Carpenter—I left my mother up—she had a candle in the room—I did not get up when this disturbance took place—I came down I after the policeman was gone—I picked up the latch of the door eleven feet from the door, inside; I measured it—it was where the stairs come, close
to the stairs—this is it (produced)—it is the one I had fastened the door by—Mr. Clay, the lodger, came home at very near 2 o'clock, after this was all over—I noticed this parasol when I came down; one gore of it was burnt, as it is now—I had noticed it the evening before, the last thing before I went up; it was then sound.
Cross-examined. Q. Had you a candle while you were locking up the door? A. No, I had not; I had no candle in the shop, or in my hand, when I was shutting up—this was the only fastening to the door—I was awake when the lodger came in, at 2 O'clock.
JOHN REED (police-sergeant, M 30). I was the inspector of the station at Bermondsey-street when Squire brought Woods there in custody—I was in the charge room—the charge was made by Squires, in the hearing of the prisoner—he detailed to me what he had seen—the prisoner made no observation at that time—I sent Sergeant Squire to Inspector Bradford for instructions—the prisoner at that time was in the passage leading to the stairs—he was in the passage, by himself; about five or seven minutes; it might be ten minutes, but not more—nothing was taken from him when he first came to the station—I did not see his lantern when he first came in; after the expiration of the ten minutes he had his lantern—I went and took it from him—he said, "Here it is, just as I took it out at 9 o'clock, it has never been alight"—upon that I looked at the wick; it appeared to me to have been newly cut, fresh cut; it appeared to have been cut since it had been burnt—there was not the least appearance of burning about the wick—I kept that lamp in my possession—I showed it to Mortlock, the lamp trimmer, the following morning—it was then in the same condition as when I took it from the prisoner—I had kept it in the mean time.
Q. Is it the custom in the police for men to receive rewards if they give notice of a fire? A. There is generally a reward for the discovery of a fire; 10s. I believe is the reward given by the fire office—it is generally left by the engineer from the London Brigade fire office at the station house to which the policeman belongs.
Q. Is there any other reward given besides that given by the fire brigade? A. Yes, if they exert themselves, and keep the doors closed till the arrival of the engines I have known rewards given, not generally, not at every fire, but on some occasions; it is 1l.—this book (produced) is what is called the occurrence book, kept at the station—this entry is in my writing; it was made on Christmas morning, 1852—I did not see any money paid to Woods on that occasion—a report of a fire was made to me by Woods—this entry was made on the discovery of a fire—the sergeant made the report on which the entry was made; I think it was sergeant Mehennick—he would leave the report at the station, and I should enter it in the book—I know the prisoner's writing, I have seen him write—I believe this to be his writing—(read—"Given by fire brigade for early discovery of a fire, 10s., 185, Robert Woods.")
Cross-examined. Q. I believe it is the custom for persons occasionally to give to the police some little gratuity for extra exertion and good conduct? Q. Yes, generally—the fire brigade always give 10s. to a policeman for discovering a fire—I have never known an instance in which they did not give it—the 20s. is only given occasionally, that is not a matter of certainty—I have given my evidence for the first time to day—I was not called before the Magistrate—what the prisoner said about his lamp occurred on the night when he was brought to the station by Squire—I was before the
Magistrate, hut was not called upon—I had previously mentioned what had occurred between me and Woods; I reported it to my superintendent the same morning—the superintendent was at the police court, but I was not called upon—the superintendent mentioned to the Magistrate what I was able to prove—Mr. Combed was the Magistrate—I heard the superintendent telling Mr. Combed that the sergeant was here, who could say that he had quite sufficient time to cut the top off the lantern, if he was required—Mr. Combed did not order me to be called; he said if it was necessary I could be, on the trial.
MR. BODKIN. Q. I believe on that occasion, there was no professional man attending on the part of the prosecution? A. No; Mr. Solomon's, a solicitor, attended for the prisoner—notice has been given to the prisoner of my being here to day.
AMBROSE MORTLOCK . I am a lamp trimmer. I trim the lamps for some of the police of the M division, at two stations—I trim those at the station to which the prisoner belonged in Jan.—on 12th Jan. I trimmed them all—they are numbered; his was No. 21—this is it—I trimmed that lamp on the morning of 12th Jan.—it was shown to me next morning by the constable Reed—the wick was not then in the same state as it had been when I trimmed it the day before—I always cut mine off to a little point, and this was cut off square—there was not the same quantity of oil in it as when I filled it the day before.
Cross-examined. Q. What time in the morning was it when you cleaned this lamp? A. Between 9 and 10 o'clock—it would be at the station all day—I clean 238 lamps altogether; at that station I clean thirty-seven—I took particular notice that I cleaned this one; I cleaned every one—this wick is not at all like mine—the men take their lamps at a quarter to 9 o'clock in the evening.
ROBERT BREADFORD (police inspector, M). I was sent for to the station about this matter on the morning of 13th—I heard the charge that was made against the prisoner—I told him it was a serious charge against him—he did not say anything—after desiring him to be kept in custody, I went up to the house—I caused this piece of the partition to be brought here—I went there the same morning, within an hour or two after the fire, but the partition was not taken down till the following morning, by order of the Magistrate—it was about 20 minutes past 1 o'clock in the night when I got there—I found this fixture in the shop, and it had been scorched just as it is now, except a piece of the paper that I tore off that night; that was the piece that has been produced—I also produce the parasol, that was lying on the work bench, open, and burnt in the state it is now.
SAMUEL JARMAN . I am clerk to the solicitor of the Treasury. I served this notice upon the prisoner on Monday last, about a quarter past 10 o'clock in the morning—(This being read, was a notice that the police sergeant Reed, would be called upon the trial to prove that the prisoner had an opportunity of altering the state of the lamp, that Ambrose Mortlock would be called to prove that the lamp was not as he had trimmed it, and that Inspector Branford would be called to prove the state of Carpenter's shop).
JURY to JOHN SQUARE. Q. Had you a lamp alight when you were standing at the door? A. I had a lamp, but it was darkened, it was lighted, but the screen was before it—I did not turn it on at the time—I was not in the shop when Carpenter came down stairs, I remained outside till Woods came out—it was before Carpenter came down stairs, that I called out, "Woods, what are you doing?"—I did not see any remains of the paper, that
I saw alight before I spoke to him; the window of the shop is on the right, and the door opens back on the left, from the window.
(The prisoner received an excellent character from the Rev. J. V. Gibson, rector of Bermondsey, and several other witnesses.)
NOT GUILTY .
MESSRS. PARRY and DEARSLEY conducted the Prosecution.
(The prisoner requested the Court to assign him Counsel, and MR. LAURENCE undertook the Defence.)
(The prisoner was further charged and proved to have been previously convicted at. this Court, in July, 1852, of larceny, and imprisoned three months.)
Transported for Eighteen Years.
Before Mr. Recorder.
JOHN ROBERT URRY . I am a baker, at Blackheath-hill The prisoner was in my employment as a journeyman for about eight weeks—he had 5s. a week, and his board and lodging—he left me on 22nd Dec. when I gave him into custody—I missed a watch of my son's about the second week after the prisoner came into my service—my son is about twenty years old—he was taking care of the business at Peckham, the robbery was not at my place of business, but at Peckham; he manages a business of mine there—I also missed two shirt pins, one was a Union pin, and the other a straight pin—my son's watch was kept in the parlour—he had lent it to the men down stairs I believe the previous night to his losing it, but they had returned it—it was not kept at my house, or the shirt pins either—they were all lost from Peckham—I did. not miss them, my son did—he is not here, I did not know he was required; he was not before the Magistrate, my son told me that he missed money from time to time—I said nothing to the prisoner about the things till I gave him into custody, on 22nd Dec—I then told him that I had missed my son's watch and pins, and money from the till at various times—he denied all knowledge of either—I gave him in charge—he again denied it at the station, but after he was locked up he wished to see me—I went into the cell and he then said he had taken the money, but knew nothing of the watch or pins—I had made him no promise, I know nothing of anything being missing except what my son told me.
JOHN FRANCIS LANE (policeman), I took the prisoner on 22nd Dec—he was given into my custody by the prosecutor, charged with stealing a silver watch, three gold pins, and several sums of silver from the till—he said, "I know nothing about it"—this was in the shop—he asked permission to go into the bakehouse to change his coat—I accompanied him; I did not see him put anything away, but it was rather dark, being underground—Mr. Urry's son followed, and said that one of the men had pointed out the purse—I cannot say whether the prisoner heard that—Mr. Urry brought the purse and these two keys—the purse contained four sovereigns—I asked the prisoner if the purse belonged to him; he said "Yes"—I asked him if he knew anything of the keys—he said, "I took one of them off a ring that master lent me to wind up a watch"—he did not say why—I searched him, and found on him 1l. 17s. 2d. in silver, there being two fourpenny pieces, and sevenpence in copper; also three other keys
—I put him into the cell—I did not make him any promise, or speak to him again, till he said, "Can I see master?"—I said, "What do you want to see him for? you could have spoken to him when he was with you"—he said, "I shall tell him all about it" (I had not said it would be better for him)—Mr. Urry came to the cell, and the prisoner said, "I acknowledge taking the money out of the till, sir; but I know nothing about the watch and the pins"—I accompanied the prosecutor to his house, and tried two of the keys which Mr. Urry brought with the purse; one opens the door leading into the shop, and the other unlocks the till—young Mr. Urry was not before the Magistrate, because Mr. Urry, I believe, being the principal, they could not both leave the place—the two men in the bakehouse are not here; they did not touch the purse, they merely pointed it out.
Prisoner. As you were taking me to the station house, you said that if I told all about the keys it would be better for me. Witness. I never said a word—I did not say that if you told the truth your master would forgive you, nothing of the sort passed—I cautioned you afterwards.
NOT GUILTY .
PLEADED GUILTY . Aged 16.— Confined Twelve Months.
(His father and mother gave him a good character.)
PLEADED GUILTY . Aged 25.— Confined Six Months:
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
ELIZABETH HYDE ADAMS . I live with my brother, who is a milkman, in Lant-street, Borough. On 9th Jan., about half-past 2 o'clock in the afternoon, the prisoner came for a halfpennyworth of milk; he gave me half a crown, and asked me for copper and small change, which I gave him, and put the half crown into my pocket by itself—he came again about 5 o'clock for a halfpennyworth of milk, gave me half a crown, and I gave him change, and put the half crown into my pocket, with the other—I had no other half crowns there—I kept them there till next morning, and then marked them, and gave them to a constable.
MARY ADAMS . I am the mother of John Gregory Adams, a milkman. The prisoner came on 9th Jan., at half past 7 o'clock in the evening, for a halfpenny worth of milk—he gave me a shilling, and asked for coppers in change—I gave the shilling to my son, who was down stairs at the time—I returned with him into the shop—the prisoner was still there.
JOHN GREGORY ADAMS . On 9th Jan. my mother brought me a shilling down stairs—I tried it with my teeth, and found it was bad—I went up stairs, found the prisoner there, laid hold of him, sent for a constable, and gave the prisoner into custody, with the shilling.
GUILTY .* Aged 18.— Confined Eighteen Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
ELIZABETH HYDE ADAMS . I was examined in the former case—on 7th Jan., about 7 o'clock in the evening, the prisoner came to our milk shop for a halfpennyworth of milk—(it was the same day as the prisoner Stratford came)—I served her—she gave me a half crown; I gave it to my brother; I did not know it was bad—it was on a Saturday; and on Monday, the 9th, she came again, and my brother sent for me into the shop—I did not recognise the prisoner at first, but am sure now that she is the person who came on the Saturday.
Prisoner. Q. When I came on the Monday, I sat in the place for an hour, and you did not recognise me? A. I said you had not been there before—I recognised you before the Magistrate.
MR. CLERK. Q. When your brother first asked you, you told him she was not the person? A. Yes—he had been taking some bad money, and asked me if she had brought any before that afternoon, and I said, "No"—I afterwards told him that she had been there on the Saturday, and brought a bad half crown—when I went into the shop on the Monday, I recollected that she was the same girl who had been there on the Saturday.
JOHN GREGORY ADAMS . On 9th Jan. the prisoner came to my shop for some milk, and gave me a sixpence—it was bad—I gave it to a policeman, gave the prisoner in charge, sent for my sister, and asked her if she had seen that person before that afternoon—I am sure that was the question—my sister said, "No"—the prisoner was taken to the station—on 7th Jan. my sister gave me a half crown, which she brought down stairs—I put it into my waistcoat pocket, and kept it till Monday, when I gave it to sergeant Richards—there was no other money in my pocket.
Prisoner. Q. Was not there some bad money on the table with a good half crown among it on the Monday when it was taken? A. No.
JOHN BOOKMAN (policeman, M 70). I was in Mr. Adams's shop on the Monday when the prisoner came in and gave Mr. Adams a sixpence; he handed it to me—the prisoner was searched at the station, but I do not know what was found on her—the female searcher is not here.
Prisoner. Q. Was not there a good half crown among the bad money? A. No, when John Adams's mother came, I asked her if she had taken any money that afternoon; she said, "Yes," and showed me four half crowns, three of which were bad.
GUILTY of uttering the sixpence Aged 22.— Confined Six Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
GEORGIANA MARY BALLS . I am barmaid at the Crystal Palace Hotel, Norwood. On Saturday, 7th Jan., I saw the prisoner at the bar; he asked for a pot of porter; it came to fourpence—he gave me a sovereign; I took it to Mrs. Masters for change, which I immediately gave to the prisoner—Mrs. Masters then said it was counterfeit; I do not know whether he heard that—I took it to him, and said, "You gave me a bad sovereign, give me back my change"—he said, "Oh! have I, miss?" and paid for the beer a sixpence—he was immediately given in charge—I had not lost sight
of the sovereign when I gave it to Mrs. Masters—there was nearly 100 people in the bar—some straw was laid down on the floor of the tap room, on account of the snow.
Cross-examined by MR. PAYNE. Q. What became of the sovereign when you gave the change to the prisoner? A. Immediately Mrs. Masters pronounced it to be bad, she brought it to me, and I put it on the counter—the prisoner was standing there drinking the porter.
Cross-examined. Q. How soon afterwards? A. In an instant; I did not see what she did with it—there was a great many people there; there always are at that time—it is when the men are paid at the Exhibition, and during that time we have a great many sovereigns to change, and I sit in my little parlour and give change.
BENJAMIN EDWARD WALKER . I am manager of the Crystal Palace Hotel; Mr. Masters is the proprietor. On 7th Jan., about half past 6 o'clock in the afternoon I saw the prisoner there, and heard Mrs. Masters call out "Miss Balls, this is a bad sovereign"—the prisoner could hear that, and I ran and stood by the side of him, and took the sovereign up, gave the prisoner in charge, marked the sovereign, and gave it to the officer—on Monday, 9th Jan., two days afterwards, I gave another counterfeit sovereign to the same officer; I received it from George Eames, our potboy—I did not see how he came by it—he pointed out the place where he found it; that was the exact spot where the prisoner had stood.
Cross-examined. Q. You do not mean to swear to the exact spot when there were 100 people there? A. Yes, as near as I possibly can—I made no mark at the spot—it was on Sunday evening when the potman showed me the place—I got the sovereign on the Sunday afternoon—I was drawing beer and serving customers—there were three persons drawing altogether—I was too busy to look after what the potman was about—we were very busy; but we carry on our business so systematically that there was no confusion at all—I withdrew from the place where I had been drawing, and came to another part—I called the policeman in; he was on his beat, about fifty yards off.
GEORGE EAMES . I am potman, at the Crystal Palace Hotel, Norwood. I saw the prisoner given in charge on the Saturday afternoon, and observed at what spot he was standing—on the Sunday morning, about 9 o'clock, I was sweeping out the front of the bar, and found a counterfeit sovereign in the straw, at the place where the prisoner had stood—the house had been open on the Saturday night till about 11 o'clock—I laid the sovereign on the counter, showed it to Miss Balls, and then put it in my pocket, and in the afternoon gave it to Mr. Walker, when he came.
Cross-examined. Q. When did you mark it? A. Directly I found it, with a fork; I put a cross on one side of the head, and a little dot on the other.
THOMAS HUGGINS (policeman). I received charge of the prisoner, with this sovereign (produced)—he said he lived in Whitechapel, but he did not know in what part, as he had only been from France nine or ten weeks; it was the third or fourth street from the Church; and that he had come to look after work that day—I searched him, and found on him 3d. in copper—on Monday, the 9th, I received this sovereign (produced) from Mr. Walker—I have kept it by itself ever since; neither of them has been out of my possession.
Cross-examined. Q. You did not give this evidence before the Magistrate? A. No, I was not present.
MR. CLERK. Q. You do not attend all the cases before the Magistrate? A. No; the counterfeit coin is shown to me the day before the trial.
JURY to ELIZABETH MASTERS. Q. How many sovereigns did you give change for within ten minutes of this transaction, either before or after? A. Perhaps two or three within a minute or two before, but none from the time I took it till I got my change again—I had perhaps taken thirty sovereigns within a quarter of an hour previous—I put each into a bowl, after examining it.
MR. PAYNE. Q. How many might you have changed that afternoon? A. Sixty or sixty-five, according to the business done—I kept this one distinct.
GUILTY . Aged 19.— Confined Twelve Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
ELIZABETH FRANKLIN . I keep a tobacconist's shop, in Rotherhithe. On 22nd Jan. the prisoner came for a pipe, and put down a shilling—I tried it with my teeth; it bent, and I said, "This is a bad one"—he said, "Give it me back again?"—I said, "I shall not do anything of the kind"—he said, "I took it up there," pointing—I put it on the shelf, and he gave me a good sixpence—I gave it to the officer on the Tuesday morning—there was no other sixpence on the shelf, and I had marked it with my teeth, in the prisoner's presence.
ELIZABETH MART LENT . My father keeps the Three Mariners, in Bermondsey walk. On Sunday night, 22nd Jan., about 11 o'clock, the prisoner came for a pot of beer, with two women and a man—he threw down half a crown—I picked it up, and gave it to my father—I did not give any change—the prisoner was given into custody immediately.
JAMES LENT . I keep the Three Mariners. On Sunday, 22nd Jan., about 11 o'clock in the evening, the prisoner came with some other persons—I followed them in, and saw him put down something on the counter, and heard it ring—my daughter immediately brought me half a crown—I put it to my teeth, bit it, and said it was bad—the prisoner said, "Is it?"—I said, "You know it is"—he said, "I will pay for it with good money," and put down a good shilling—I sent for a constable, and gave the prisoner into custody with the half crown—I went to the station, and heard the inspector ask who passed the half crown, the two women and the men being in custody as well, and the prisoner said, "I did."
ROBERT VENN (policeman). I received charge of the prisoner and of the half crown, which I have kept ever since—I heard the inspector ask who passed the half crown; the prisoner said, "I threw it down, and when they told me it was bad I gave them 1s."—I afterwards received 1s. from Mrs. Franklin; I have kept it ever since—the prisoner gave his address, No. 4, Gray's-walk, Bermondsey.
Prisoner. I said No. 14. Witness. I tried both numbers, bat he was not known.
Prisoner's Defence. I do not know where I got the money from.
GUILTY . Aged 16.— Confined Six Months.
MR. SCRIVEN conducted the Prosecution.
HENRY LEAR . My mother is a tobacconist, of No. 16, Queen's-road, Bermondsey. On 11th Jan., the prisoner came for some tobacco; it came to 1 1/2 d.; he gave me 1s.—I thought it was bad, but gave him the change, put it into the till, and allowed him to go—there was a 6d. and some pence in the till, but no other shilling; I am sure of that—after he went away, I gave it to my mother to examine, and she sent me out with it to the shop of a tobacconist, who bent it with his teeth—I did not lose sight of it, but brought it home, and gave it to my mother.
ELIZABETH LEAR . My son brought this shilling to me, and I sent him with it to have it examined; he brought it back bent—I wrapped it up in paper, kept it in my purse, and next morning gave it to the constable—next day, Thursday, Jan. 12th, about half past 10 o'clock, the prisoner came again for some tobacco, and gave me half a crown—I doubted it very much, and told him so—I called in the girl, and told her to take it to a tradesman, and ask him if it was good, and if it was, to bring the change; she brought it back bent—I told the prisoner it was bad, and asked him how he got it; he said a man paid it to him for carrying five baskets of fish—a constable was fetched, and I gave the prisoner into custody.
ANN LEAR . I am a daughter of the last witness—she gave me half a crown to get tried—I went to Mr. Chisner's; a man failed it with, a detector, bent it, and gave it to me again—I gave it to my mother.
GUILTY . Aged 20.— Confined Six Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
CHARLES JAMES PEMBERTON . I keep the Plumbers' Arms, New Kent-road. On 4th Jan., the prisoner came for half a pint of beer, and gave me a 4d. piece—I could not bend it, and gave him the beer and the change—I tried it with a magnet, and found that it adhered—I turned round, and found that he had finished his beer and was gone—I ran out, overtook him five doors off, and told him it was bad—he said he would give me 1d.—I said, "I want 4d.; I gave you change"—he gave me 4d. in halfpence—he asked for the 4d. piece, and held out his hand for it; I said I did not do business that way, and refused to give it to him—my son followed him, but not by my directions.
HENRY PEMBERTON . I followed my father out of the house, and saw him talking to the prisoner—after my father left him I followed him to a public house, where he turned round and saw me behind him—he turned down a dark court, and stood leaning against a wall; I thought he saw me—I walked across the road into Union-row, and stood in a gateway—when I had been there a few minutes, the prisoner came out of the corner, looked all round him, and came across the road to where I was—after losing sight of him for a quarter of an hour, I followed him to a tobacconist's shop; he went in—I stood at the door—he asked for some tobacco, and put down a 4d. piece—he received the change, and came out—I went in, and spoke to the person who had served him, named Ballard—she gave me this piece of money; it is iron—I kept it—I came out, and saw the prisoner running as
hard as he could—I caught him, and said, "You are my prisoner for passing bad money;" he said he had not any bad money—I said, "You have just passed some in the Kent-road"—he said he had not been in the Kent-road—I took him back to the shop, and gave him in charge with the coin.
LYDIA BALLARD . I keep a tobacconist's shop, in prospect-row. On 4th Jan., the prisoner came for a quarter of an ounce of tobacco, which came to 4 d.,—he gave me a 4d. piece—I put it into a little box in the till by itself—he went away, and the last witness came and spoke to me—I gave it to him—he went after the prisoner, and brought him back in custody—he is the same man.
WILLIAM WOOLNOUGH (policeman). I went to Mrs. Ballard's shop, and found Henry Pemberton there—he gave the prisoner in charge with this 4d. piece—I produce another 4d. piece which he gave me next morning—I searched the prisoner, and found on him 1s. 0 1/2 d., all in copper, and three small parcels of tobacco—I asked him where he lived; he said, "Anywhere" he was perfectly sober.
Prisoner. I had had three or four glasses of liquor, and was very much intoxicated; I have had a fall, and everything I drink flies to my head.
GEORGE HALLETT . I am a turnkey, of Horsemonger-lane Gaol. I had charge of the prisoner—I did not search him, but I saw him change his shoes, and found this 4d. piece (produced) in one of them—I have kept it apart ever since—it was on 9th or 10th Jan., a day or two after he was committed, and four or five days after he was taken in custody.
Prisoner's Defence. I had the money given me for clearing snow away from people's doors.
GUILTY . Aged 49.— Confined Twelve Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
JAMES HORNSEY . I am seven years old. One evening in Jan. I was coming home with another boy in the Albany-road, which is at the top of the York-road; I think it was on a Saturday, it was about dinner time—we met the prisoner Holloway, he said to me," Go to the York and Albany, and fetch me half a quartern of lovage;" he gave me half a crown and a bottle—I went and asked the barmaid for it; I gave her the half crown, and came out with the lovage and the change—the prisoners were then peeping at the corner of the York-road—I gave Holloway the lovage and change; Bevan said, "Give him a halfpenny, and let us run off"—Holloway gave me a halfpenny, and they both ran off the Kent-road way.
Holloway. I never saw the child before, it is quite a mistake. Witness. I am sure they were both together.
JAMES DYBALL (policeman). On Saturday 21st Jan., I saw the prisoners at the corner of the York-road, about 1 o'clock in the day—I saw them pass something to the little boy, and saw them about 3 o'clock in conversation—the boy came towards the Duke of York public house, but I did not see him come out—I am certain that the prisoners are the persons.
Holloway. At the station house you said you could not identify us, and now you say you can. Witness. I did not hesitate, I had no doubt about you.
MR. CLERK. Q. How far off them were you? A. About 100 yards.
21st Jan., the little boy came for half a quartern of lovage, and gave me half a crown; I gave him the lovage, and the change, and he went away—I put the half crown in the till, there was no other there—not more than five minutes afterwards I was spoken to by a man named Varndell, and took the half crown from the till; there was no other there; I found that it was bad, and gave it to Ann Cain, another barmaid, who laid it on a shelf—I afterwards found another bad half crown in another till, and gave that to Ann Cain, who laid it on the shelf by the side of the other—they both remained there half an hour; I heard that the prisoners were taken, and gave them to Edward Varndell; this is the one I received from the little boy, it is rather more battered than the other.
ANN CAIN . I am barmaid at the Duke of York. On 21st Jan., the last witness gave me a counterfeit half crown; I placed it on the shelf; I saw out of which till she took it—a few minutes afterwards she gave me another counterfeit half crown from another till; I laid it on the shelf by the side of the other—about half an hour afterwards information was given that the prisoners were in custody, and I took the two half crowns and gave them to Eliza Osborne; the one which is the most battered is the first one.
EDWARD VARNDELL . I am potman, at the Duke of York. I went home a few minutes before 1 o'clock on 21st Jan., as I wanted some more beer; as I went in I met the boy Hornsey coming out at the door—I made inquiries, and Eliza Osborne showed me half a crown—I immediately went out, and met the boy coming back towards me—he pointed out two parties running in the Albany-road, but I could not see who they were; I followed them a short distance—Eliza Osborne gave me some counterfeit money, two half crowns—I took them to the police station twenty minutes after I received them; they were in my hand the whole distance.
JOHN BAKER . I am a potman, at the Duke of York. I ran out in search of the prisoners—some lads gave me some information, and I went up the Albany-road into the Kent-road—some one running was pointed out to me, but they were too far from me—I followed one half a mile, and as I came up to him he whistled as he ran, two or three times—I had not then spoken to him, but was walking near him—he stopped, and began to walk in the Kent-road; it was then he whistled as I was walking behind him—he went on a little further, crossed the road, and the prisoner Bevan came up to him—I spoke to Holloway, and I think Bevan had a little suspicion; he looked round several times, and saw me in my shirt sleeves—they both went into Cornford-street, which is no thoroughfare—I went to the end of that street—they came back towards the entrance, and met me—I told them I wanted them to go with me—they wanted to know what it was for; I said they would see by-and-by—as they came along with me, I heard money fall, and saw some drop from Holloway's pocket; a lad named Cock picked it up, and gave it to me instantly; it was five shillings—I had not hold of the prisoners—I had seen nothing of Holloway before Bevan crossed to him.
Holloway. You put your hand into your pocket, pulled out some money, and said, "Look here, come along with me." Witness. I deny that; it was you that put your hand, into your pocket, and dropped something down your leg; I heard it chink, and told Cock to pick it up.
Bevan. Q. Where did you first see me? A. Running in the Albany-road—there were no shops there—you did not go into a baker's or a cook shop in my presence.
from a small puddle; it was half busted—I gave it directly to Baker, and he put it into his trowsers pocket—he was walking with the two prisoners.
THOMAS CANNON (policeman). I took charge of the prisoners in the Kent-road, and received these five counterfeit shillings (produced) from Baker, at the station house—I afterwards received these two counterfeit half crowns (produced) from Varndell—I searched Holloway, and found on him 4s., a 3d.-piece, and a farthing, all good—I found half a quartern of rum on Bevan, but no money (bottle produced).
Bevan's Defence. I met Holloway the night before; he bought this bottle of rum, and went to the theatre; it was too late to go home, and we went to a lodging at a coffee house in Union-street; he told me next morning that he thought there was a situation at a biscuit baker's, which I might obtain; he told me to go in while he waited; he went on, and I went into a cook shop, and bought 1d.-worth of pudding; I then saw him on the other side; he asked me to come up the turning, and Baker came and took us.
(The prisoners received good characters.)
HOLLOWAY— GUILTY . Aged 17.
BEVAN— GUILTY . Aged 17
Confined Twelve Months.
MR. SCRIVEN conducted the Prosecution.
ISABELLA ANN JAMES . My father is a baker, of Peacock-street, Kennington-road. On 17th Jan., about 7 o'clock in the evening, the prisoner came for a pound of bread; it came to 2s. 4d.—he gave me a shilling; I gave him the change, and he left—I had some doubts about the shilling, and tried it with my teeth (I did not think of trying it before)—it bent, and I put it into my pocket—there were two bad shillings there, and some good money, but no bent money—I took it out of my pocket about 10 o'clock: that evening; there was no other bad money there then—I gave it to a policeman on the Thursday, this being Tuesday—I had kept it in my pocket during that time—I can swear positively that I gave the constable the same shilling that the prisoner gave me—on 9th Jan., two days afterwards, the prisoner came again; I recognised him directly I saw him—he asked for a half quartern loaf, new; I had not a new one, and he said a stale one would do—he put down a shilling; I bent it with my teeth, and told him it was bad, and that it was not the first time he had been at the shop with bad money—I threw the shilling on the counter, a customer took it up, and gave it to the policeman who I called—I had not lost sight of it—I know it by nay biting it—I gave the prisoner in charge.
ROBERT CASTLE (policeman). On 19th Jan. the prisoner was given into my custody by Miss James, who had hold of him—I received a counterfeit, 1s. in Miss James's presence, from a customer there, who I do not know, this is it (produced)—later on the same day, I received the other 1s. (produced)—I have kept them separate.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
SARAH MASON . My husband keeps the British Queen, at Mitcham. The prisoner came there about half past 6 o'clock in the evening, for some ale—he gave me half a crown, and I gave him 2s. 4 1/2 d. change—he left, and I put the half crown in my pocket where there was no other—from something which was said to me afterwards I looked at it, gave it to my husband—he tried it with his penknife, and gave it back to me—I had not lost sight of it, I wrapped it in paper and put it in my pocket—this was on Monday, and on Wednesday I showed it to sergeant Owen—he gave it back to me, and told me to put a mark on it—I did not lose sight of it—on the following Saturday I gave it to sergeant Edwards, it had been kept in paper in my pocket all that time.
WILLIAM BASTARD I keep the Windsor Castle, at Norwood. On 17th Jan., about a quarter past 2 o'clock the prisoner came for a pint of beer, and gave me half a crown—I rang it on the counter, and considered it was bad—I called my son up out of the kitchen, and he said it was bad in the prisoner's hearing—he said he took 9s. for his work, and that he gave the remainder of the money to his mother—a policeman was sent for and I gave the prisoner in charge with the half crown; it had not been out of my sight.
WILLIAM EDWARDS (policeman). I took the prisoner and received this half crown (produced) from Bastard; the prisoner said he earned 27s. 10d. the week before Christmas, and the half crown was the remainder of it—I found 1d. on him—on the 21st, I received this half crown from Mrs. Mason.
Prisoner's Defence. The lady says I was at her house about a quarter to 6 o'clock, and at that time I was with two or three others at Mr. Dickens's, who keeps a coffee shop; I believe he is here, and I have other witnesses.
(No witnesses appeared for the prisoner.)
GUILTY . Aged 18.— Confined Six Months.
MR. SCRIVEN conducted the Prosecution.
MARTHA ANN THOMPSON . I am the wife of Clark Thompson, of the Bricklayers' Arms, Morgan's-lane, Tooley-street. On 9th Jan., about 6 o'clock in the evening the prisoner came there for a pint of fourpenny beer, he tendered me a half crown—I perceived immediately that it was bad, and gave it to Mr. Goodman who was in the bar parlour—I told the prisoner it was bad, and he went out with Mr. Goodman.
JOHN HENRY GOODMAN . I received this half crown from the last witness on 9th Jan., I followed the prisoner out of the house, and gave him in custody about twenty yards off—I gave the half crown to the constable.
(The prisoner received a good character from his late master, who engaged to take him back)
GUILTY . Aged 18.— Confined Six Months.
PLEADED GUILTY . Aged 39.— Confined Eighteen Months.
(There was another indictment against the prisoner for larceny, upon which no evidence was offered.)
PLEADED GUILTY .—Aged 40.— Four Years Penal Servitude.
PLEADED GUILTY . Aged 22.— Confined Two Years.
Before Mr. Recorder.
MR. RYLAND who conducted the Prosecution, offered no evidence against William West
WILLIAM WEST, NOT GUILTY .
MARIA ELLIOTT . I am single—I was residing at Willow-cottage, belonging to Lady Amelia Shaw, at Twickenham; she is a widow—I superintend a school, which is under her management, near her house—William West was a pupil in that school—on 18th Jan., there was no one residing in Willow-cottage but myself—I left it a little before 2 o'clock to attend to the school—all the doors and all the windows were then fastened—there is a kitchen separate from the dwelling house; I fastened that—when I got to the school, William West was there as usual—before the school was over, he was sent for—I do not know who fetched him—I allowed him to go, and he did not come back—I went back to the cottage between 4 and half past 4 o'clock—there are two front gates, one of them was wide open—I had left it shut—it could not be opened from the outside—there is an iron gate which opens from the outside—the oilier gate that I found open, must have been opened from the inside—the palings I suppose are about four feet high—this boy, William West, could have been lifted over them, and then he could open the gate which I found open—I opened the iron gate, and got in the house by the key which I had—I went in the kitchen, and saw a basin on the dresser with a piece of glass in it—I presumed that the cat had jumped through one of the windows; there was a pane of glass broken, and the glass was lying about the kitchen—I afterwards missed a pair of my own boots—I then had suspicion—I went in the drawing room, and found one pane of glass broken there; there are some steps close to the window, and by means of that broken pane a person's hand could be put in, and the fastening of the window could be undone, and the window could be opened—I missed two dresses, a black cape, a shawl, a shawl pin, and a bag; I have seen them all since.
WILLIAM MILAN . I am a working man, and live at Twickenham-common. On the afternoon of Wednesday, 18th Jan., I was passing Willow Cottage—I saw William West and Louisa West close to the chapel school gates belonging to Lady Shaw, which is about fifty yards from the cottage—they went down by the path leading to the school, and came back—William West ran up the road, and came back—Louisa West went up to the black gate—f could not see whether she went in—that is a gate which loads from the cottage to the school—she was going in the direction of the cottage—I did
not suspect anything, I went my way—this was about half past 3 or a quarter to 4 o'clock.
JAMES CHANDLER (policeman, V 322). In consequence of information, I went on Thursday morning, 19th Jan., to a house in Windmill-lane, New Hampton, about 10 or 11 o'clock—I went to a room kept by a person named Middleton—I found the two prisoners there, both sitting on a bed—the first thing I saw was West had this pin sticking in her breast—I took it from her, and behind Cranstone I found this bag, and in it was a dress—I took Cranstone into custody, and she said, "I will tell you all about it"—I had not said anything to either of them before that—she said, "Louisa (meaning West) came to me last night at Hampton-court, and I asked her where she got those things from; she told me she brought them from home, and the dress she wore on leaving home she changed, and the dress she wore at home she had thrown away"—shortly after she said, "That shawl Louisa has got on is not hers, it is one she has stolen"—Louisa West did not hear this, because they were separate—we kept them separate as much as we could.
JAMES LYNE (police sergeant, V 36). I was with the last witness on that occasion—I had not said anything before Cranstone made her statement—I took West, and said it was on a charge of taking some things from Lady Shaw's—I had no conversation with Cranstone—I took West outside the door, and told her the charge—she had this dress on, which corresponded with a description I had had—I asked where her own dress was—she said, "At home"—I said, "At home?"—she said, "Yes; I went and changed it after I had done the job"—this cape West was sitting on, on the bed—she had these boots on her feet, and this shawl she was wearing—I took West to the station, and Cranstone was close by her side—West said, "As it is come to this, I will tell the truth"—Cranstone could hear what she said, we were all on the footpath going along—she said, "You (meaning Cranstone) know as much about this as I do; for when I came to Hampton-court last night I told you what I had been and done, and you said to me, 'Never mind, we will go and sell or pawn them to-morrow;' and I said, 'No, it won't do for me, I can't go to sell or pawn them;' and you said, 'Never mind, we will do something so that we shall get into prison together'"—after that Cranstone said, "Oh, Louisa, how can you say so?"—West replied, "You know you did; you carried the bag the greater part of the time"—she made no reply to that.
Cranstone. I did not hear her say anything of the sort. Witness. I am quite sure she was near enough to hear her; she was by her side—they were not a foot from one another—we were walking on the path.
COURT to JAMES CHANDLER. Q. You had Cranstone in charge; did you hear this conversation? A. Yes; I was by the side of Cranstone at the time, and West was close to her—I heard every word.
JURY. Q. Did you not at first say that she was so far off she could not hear? A. Yes, that was at first; but this was as we were walking together.
COURT. Q. You did not tell this before the Magistrate? A. No, the other witness told this—the prisoners were apprehended in New Hampton, and we had to take them nearly two miles, to Twickenham; when we got near the station we were nearer together—I am sure she could hear this—Cranstone said, "Oh, Louisa, how can you say so?" and the other said, "You know you did; you carried the bag the greater part of the time;" and the other made no reply.
—I saw the two prisoners; I had not known them before—I had no conversation with them then—I saw them again about half past 11 o'clock; they were standing together—they told me they had no place to go to—I said they might go home with me, and they went home with me—that was about two miles and a quarter from where I live; Cranstone had this bag, and West had the cape and the dress, wearing them—they passed the night in my room, and in the morning they went out for about an hour and a half, and soon after they came back the policeman came—I had seen this, bag shortly after they got to my house—West said her sister had worked it—they slept in my room during the night, and this bag was on the bed.
Cranstone. She had seen me before. Witness. Yes; but I did not know you—I saw you about 7 o'clock, and then you went and met the other prisoner.
Cranstone. I was with her all day. Witness. Yes; she was at my room.
COURT. Q. But you said you did not see her till 7 o'clock. A. I did not see them together, but she had been at my house that day—I had seen her the night before—she was a strange girl to me—I took her to my house—she said she had no place to go to—the next night I took them both.
Cranstone. I did not say I had no place to go to; I said I had to go all the way to Twickenham. Witness. No; you said you had no place to go to.
West. I did not say I had no place to go to; I said I had to go as far as Twickenham. Witness. West did not speak at all; it was Cranstone I spoke to, and she told me West was her friend.
COURT. Q. Whose house do you live in? A. Mr. Toomer's; no one lives there but me—I am not in the habit of taking young women there.
(The prisoners' statements before the Magistrate were here ready as follows:
"Louisa West says, 'I have nothing to say.' Eliza Cranstone says, 'I was not with Louisa West when she did this; she came to me at Hampton Court about 7 o'clock, on Wednesday evening; she did not tell me anything about this till we were locked up last night;' I said, 'Louisa, why did not you tell me of this before, and then I would not have gone home with you.'")
West's Defence. I am very sorry; I hope you will forgive me.
Cranstone's Defence. I am very sorry for what I have done.
WEST— GUILTY . Aged 17.
CRANSTON— NOT GUILTY .
MR. RYLAND conducted the Prosecution.
THOMAS WALTERS . I keep a clothes shop, at Richmond. On 31st Jan., I missed a pair of trowsers from my premises, between 5 and 6 o'clock in the evening—they were in the passage, inside the front door—I saw them safe about 5 o'clock, and missed them about 6 o'clock—I have seen them since—these are them.
JAMES CHANDLER (policeman, V 322). On 19th Jan. I apprehended the two prisoners in a room in a house in Windmill-lane—I found this bag there—it was lying on the bed, close by Cranstone—I examined it, and found a dress in it, and a pair of gloves, which contained four duplicates—one of them is for a pair of trowsers—in going to the station, as we were on the road, we got near Lady Shaw's house, and we made a stop there—West then said, "You have a pair of gloves in that bag, with some duplicates
in them belonging to me; one of them is for some trowsers which I have pawned, belonging to my father"—(I believe Cranstone could hear this)—when we were at the Court, West said, "Give me them duplicates that belong to me, and I will burn them; or give them to my mother"—in the course of inquiry I found that these trowsers had been stolen.
ELIZA SANDERS . I keep a pawnbroker's shop, at Twickenham. I know the prisoner Cranstone—on the evening of 31st Dec. I recollect her coming to my shop a little before 6 o'clock—there was some other girl with her, but I cannot say who it was—Cranstone produced this pair of trowsers to pawn—she asked 4s. for them—they were taken in, and the money paid to her for them—she gave the name of Eliza Brown—this is the duplicate in my shopboy's handwriting—I have the counterpart of it.
COURT. Q. Did you see the duplicate made out? A. Yes, by my shop-boy—I cannot say that it was West who came with Cranstone—it was about her size.
The prisoners' statements before the Magistrate were read, as follow:"West says, 'As we were going through Richmond, we saw some clothes hanging out of the door; I do not know whose door; I saw Eliza Cranstone take them; she said to me, "Come on;" I said, "What made you do it?" she said, "I do not know;" we went to Twickenham, and she asked me to go and pawn them; I said I would not, and she said, "Don't be such a fool, I will go myself;" and she did pawn them at Mrs. Sanders's; and when she came out, she said, "I have got 4s. on them;" she put it into her pocket, and we then went away.'—Cranstone says: 'We were in Richmond, and there was an organ playing; we listened to it, and Louisa West went from me, and went to the shop door; I followed her; she tried to pull the trowsers off from the side of the door; I went away, and came back again; she had then pulled them off from the side of the door, and she said, "Come with me, and I will go and pawn them;" I came with her to Twickenham, to Mrs. Sanders's, and she gave the trowsers into my hand; she went in with me, and I pawned them, and we had the money between us.' ")
West's Defence. I did not take the trowsers; we both went into the shop together, and she got the money.
Cranstone's Defence. She took the trowsers.
WEST— GUILTY of Stealing. Aged 17.
CRANSTONE— GUILTY of Receiving. Aged 17.
Confined Six Months.
ADJOURNED TO MONDAY, 27TH FEBRURY.