CENTRAL CRIMINAL COURT.
SIDNEY, MAYOR SIXTH 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, April 3rd, 1854.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. KELLY; Mr. Ald. FARNCOMB; Mr. RECORDER; Mr. Ald SALOMON; Sir ROBERT WALTER CARDEN, Knt, Ald; and Mr. Ald. CARTER.
Before Mr. Recorder, and the First Jury.
450. SAMUEL REED was indicted (with William Harrison ) for unlawfully obtaining the sums of 16s., 17s. 6d., 1l. 16s., 1l. 14s. 1l. 17s. 7 1/2 d. 1l. 13s. 3d. 2l. 0s. 3d. and 1l. 14s. the moneys of Charles John Mare, by false pretences.
(MR. BODKIN, with MR. GARTH, for the Prosecution, steed that Harrison having died in the gaol, no evidence would be offered against Reed.)
NOT GUILTY .
NOT GUILTY .
PLEADED GUILTY , and received a good character. Aged 17.— Confined Four Months.
OLD COURT.—Tuesday, April 4th, 1854.
PRESENT—Mr. Ald. FARNCOMB; Mr. RECORDER; and Mr. Ald. SALOMANS.
Before Mr. Recorder and the Second Jury.
PLEADED GUILTY . Aged 19.— Confined Eight Months.
PLEADED GUILTY .* Aged 37.— Confined Twelve Months.
PLEADED GUILTY . Aged 39.— Confined Six Months.
(There was another indictment against the prisoner.)
MR. RYLAND conducted the Prosecution.
JAMES BAGGOTT . I am a colourman, living in Bowman's-buildings, Marylebone. On Sunday evening, 26th Feb., I was in Bell-street, Marylebone, between 9 and 10 o'clock—I was going home—I had a watch and guard, two keys, a watch key, and about 7s. in money—my watch was in my fob, and the guard was hanging down; but when I was attacked I put it into my pocket—it was a short guard—the money and the keys were in my left pocket—as I was going along the prisoner tapped me on my right ear, and made a snatch at my guard—I said, "Old fellow, that won't do," and away he went behind me—he came by the right side of me, as I was going across the street; I did not see anything of him until he hit me—I then went on towards home—after speaking to one of the witnesses, I went on about thirty yards, and the prisoner jumped out from a doorway, caught me by both shoulders, chucked me down on my left side, and knelt upon me—I had not seen anything of him from the time he first came up to me, till he knocked me down—the doorway that he came out from was at the side of me—he caught me by the collar, and threw me down directly, and as I laid upon my back he knelt upon me, and got hold of my guard, trying to get my watch—he broke the guard off; the watch remained in my pocket—he thrust his hands into my left trowsers pocket, and tore it right out, with the contents, 6s. or 7s., and the keys—as he was tearing my pocket out, I hallooed out "Police! Murder!"—he then got up, and ran away—I ran after him, till he turned down a lonely place, where there, are some old ruins, and I would not follow further—I did not see him stopped—I am sure he is the man; I saw his cap and his coat by the public house lamp, as he ran away—he was dressed as he is now.
Cross-examined by MR. METCALFE. Q. I believe you said at first that you thought it was the prisoner, but would not swear to him? A. I said he was the man, but I said I would not swear to him—this occurred from 9 to 10 o'clock in the evening—I had been drinking a little, but was quite capable of taking care of myself; I had had a little with a friend—my guard was a silver Albert chain, it went through the button hole of the waistcoat—the money was not in a purse, it was in the pocket with the keys; the pocket was torn away altogether, with the things in it.
GEORGE PANTRY . I am a greengrocer, in Burn-street, Marylebone. On Sunday evening, 26th Feb., I was in Bell-street—I saw the prosecutor there, and had a little conversation with him—I afterwards saw him again; he was then lying down in the street, and the prisoner was on the top of him—I was not near enough to see what he was doing—I saw him get off from him, and he came down past me, and directly he got past me he ran, and turned down Bury-place, and crossed Manning-street—I did not follow him—I had a view of him as he passed me, I was close to him—he is the man that I saw get off from the prosecutor, and pass me.
Cross-examined. Q. How far were you from the prosecutor when you saw the man get off from him? A. I should think not above three or four yards—there is not much light about there; I cannot say how far it was from the nearest lamp—it was between the lamp of the Key public house and the next street lamp—there was a lamp, I should think, within fifteen or twenty yards; that part was not well lighted—the man was close to me when he passed me—he ran directly he got by me, not before—I did not stop him, because I did not know that he had done anything—I did not know that he had robbed the prosecutor—I heard the prosecutor call out; I cannot exactly say what he said; I think it was "Police!"—I next saw the prisoner on the Tuesday, he was then in custody; he was pointed out to me by the policeman, the policeman had got him at the time.
COURT. Q. In what way was he pointed out to you by the policeman? A. He was not pointed out, he was brought down by the policeman; the policeman had him coming down the street—I knew him at once—when I said that the policeman pointed him out to me, I meant that the policeman had him in custody.
HENRY AGNESS . I am a zinc worker, living in Bell-street. On Sunday evening, 26th Feb., between 9 and 10 o'clock, I was in the street; I heard a cry of "Murder!" and ran in the direction from whence the sound came—I found the prisoner there, kneeling on the prosecutor, with his hand in his pocket—I saw him take his hand out, but what he took out I do not know—he walked away a little way, and when he got as far as the lamp he began to run down Bury-place, and crossed Manning-street, which is a dark street—a policeman came up a few minutes afterwards, and we went in search of the prisoner, but did not find him—I afterwards saw him in the custody of the policeman—I stood right against him when he was kneeling on the prosecutor.
Cross-examined. Q. When you saw the prisoner kneeling; of course his face was towards the ground? A. Yes; the prosecutor was lying on his back—when the prisoner got up he walked past me, and then ran—when I saw him on the Tuesday he was in the policeman's custody—the policeman brought him to my father's house—I said I believed he was the person—I am more positive now, I saw him at the police court.
COURT. Q. Did you see his face at all that night? A. Yes, when he got up from the prosecutor he looked me in the face—there was a light at the Key public house—the light was behind me, and it shone on his face; it was a large lamp, it was only a few yards from me.
JURY. Q. Did the prisoner speak to you? A. No.
JAMES CLARK (policeman, D 268). On Sunday evening, 26th Feb., I saw Mr. Baggott; he made some complaint to me—I saw his watch in his hand, and his left pocket was torn away from his trowsers—he gave me a description of the person that had ill used him—in consequence of that, on the following Tuesday evening I saw the prisoner at the Hope, in Stephen-street—I knew him before—the prosecutor and Pantry were with me—they were a few yards from me, down the street; I was looking after him at the time—I brought him out of the Hope—they looked at him, and said he was the man—I then told him that I must take him into custody on this charge—he said he knew nothing about it.
Cross-examined. Q. He said he would go with you at once; he had no hesitation to go with you? A. I laid hold of him—there were two other convicted thieves with him—I had another constable in sight—he went quietly with me.
COURT. Q. When did you show him to Agness? A. On the same Tuesday night—the prosecutor had been drinking, and was very much excited.
Witnesses for the Defence.
MARY BURNS . I am not related to the prisoner—I live at No. 34, Stephen-street, Lisson-grove—the prisoner lived in the same house—I lodge there with Mrs. Barry—Mr. Dwyer keeps the house, and lives there—I and Mrs. Barry occupy the first floor back room—the prisoner occupied the back kitchen; that is on the ground floor, in the area—there is a floor between his room and mine—I was at home on Sunday night, 26th Feb.; Mrs. Barry was also at home—I saw the prisoner at half-past 8 o'clock, and remained in his room till a quarter or twenty minutes after 10 o'clock, with Mrs. Barry—the prisoner was there the whole of that time—I was sitting down, talking with Mrs. Barry, and the prisoner was reading his book—he had his coat off, and likewise his boots—Mrs. Finnon was in the same room; she lives at No. 9, Stephen-street—she came into the room, and wanted to see his mother—it was about a quarter to 9 o'clock when she came in, and she remained in the room till the prisoner's mother came in, which was a few minutes after 10 o'clock; she had been out—his mother lives there with him, in the back kitchen—about twenty minutes past 10 o'clock me and Mrs. Barry left the room, and went up stairs to our own room, after Mrs. Barry had spoken to Mrs. Rowe—I do not know what became of the prisoner after that.
Cross-examined by MR. RYLAND. Q. Do you know Bell-street? A. Yes; it is about ten minutes' walk from Stephen-street—this was on the Sunday night—Mrs. Barry was in the prisoner's room before me—I had been out, and I went down for the key of the room, she asked me to come in and sit down; she said she was in no hurry to go upstairs because she wanted to see Mrs. Rowe—that was about half past 8 o'clock; there was no clock there, but there is a church clock at the back, I think it is Christ Church, it strikes the quarters—I heard the quarters strike; it just struck the half hour after I got in—I know it was half past 8 o'clock, because when I left my brother it was a quarter to 8 o'clock, and when I got to Mrs. Barry's it was half past 8 o'clock—my brother lives in Oxford-street—I know it was a quarter to 8 o'clock when I left there, because I looked at the clock—it took me three quarters of an hour to walk from there to Stephen-street—I stayed in the prisoner's room till past 10 o'clock, because Mrs. Rowe was out; we did not stay to take care of the prisoner, I remained in the room with Mrs. Barry—I was sitting down with Mrs. Barry, and the prisoner was reading to himself—he was reading to himself all the time; it was a Prayer Book that he was reading; I and Mrs. Barry were sitting there all the time doing nothing till Mrs. Rowe came in, and then we went away—I first mentioned this last Thursday to the prisoner's solicitor, Mr. Howes; he did not come to me about it, I went to him, because he wished to see the prisoner's witnesses; I went with the other witnesses—I did not know him before, I went because Mrs. Rowe went to him—she did not ask me to go; it was Mrs. Barry that told me to come and speak the truth—she did not tell me what the truth was—she reminded me that I had been with her in the prisoner's room this evening, and that I was to go to the prisoner's attorney, and tell him the truth about it—it was then that for the first time I went and told him about it.
MR. METCALFE. Q. Have you told us what you know of your own knowledge? A. Yes.
COURT. Q. How do you know it was 10 minutes past 10 o'clock when
the mother came home? A. It was a few minutes after the church clock had struck 10 o'clock—it took me three quarters of an hour to walk from Oxford-street to Stephen-street; my brother lives near Grosvenor-market.
MARY ANN BARRY . I live at No. 34, Stephen-street, Lisson-grove. I occupy the one pair back, Mary Burns lives with me—the prisoner lives in the back kitchen—I was at home on Sunday, 26th Feb.; I was down in the prisoner's mother's room from half past 7 till a quarter after 10 o'clock, and better—when I went there first, there was nobody there but the prisoner—he remained there till after I came out, the whole time—Mary Burns came in after me, about half past 8 o'clock—she asked me for the key—I said, "I am not in a hurry to go up, I want to see Mrs. Rowe;" and she remained till I went upstairs—Mrs. Rowe came in about 10 minutes after ten o'clock, or from that to a quarter—I did not go upstairs until after the dock bad struck a quarter past 10; and I then left the prisoner in the room—Mrs. Finnon came down for Mrs. Rowe while I was there, I cannot say exactly whether that was at half past 8 o'clock, or a quarter to 9 o'clock—it was after Mary Burns had come in—Mrs. Finnon remained till Mrs. Rowe came home—I am quite certain that the prisoner did not leave from the time I went in till I went oat—he had neither shoes or coat on, he was leading a Prayer Book.
Cross-examined. Q. Did he read out some of it to you? A. No, he did not; I went in at half past seven o'clock—I heard the clock strike—I found the prisoner there, without any shoes or coat on—I cannot say whether he had any stockings, I know he had no shoes—I went there because I wanted his mother, she was at a funeral—the prisoner was reading to himself all the time, from half past 7 till a quarter past 10 o'clock—I was sitting there waiting for his mother; there was nothing to eat or drink—he repeatedly put down his book and spoke to me, but he was on his Prayer Book, reading it, and I did not interrupt him; I had no book—he had no jacket on—he was in his waistcoat, in his dishabille; he had on the shirt that he had worn all the week—fee had no stores to his waistcoat, I am sure of that.
COURT. Q. Did you go before the Magistrate? A. No; I did not—I did not hear that he was taken into custody until after ha was committed; I think it was on 15th March that I first heard of it—I did not hear that my fellow-lodger had been taken into custody; I have my living to get, and I do not interfere with anybody in the house—his mother it a friend of nine, I did not hear from her that he was in custody—I do not think I told anybody about this, except the solicitor's clerk, that was last Thursday; he did not come to me, I went to him—I went with the prisoner's mother to pay the money—she did not apply to me—I went voluntarily, I did not tell Mary Burns to go—I did not tell her to go and speak the truth—she went with me—I went because I thought justice bound me to go—we were advised to go to Mr. Howes, I cannot say by whom; if I answer candidly, it was the publican named Tanner, or Canner, who has lately taken the Hope public house, in our street—he did not tell me to go, he told the prisoner's mother, and she asked me to go with her—I did not pay any money, or contribute towards it—the mother asked me if I would take a walk with her, she did not ask me to come here, I came here voluntarily—I went with her to Mr. Howes, and it was then that I told him about having seen the prisoner on this evening.
in to the prisoner's room, and he was there without a shoe or coat on; he was reading a book when I went in—the clock went the quarter to 9 just as I went in, and I was there until a quarter past 10 o'clock—his mother came in a few minutes after 10 o'clock—I called her outside just to speak to her, and then left the room at a quarter past 10 o'clock—I left Mrs. Barry, the prisoner, Mary Burns, and his mother there.
Cross-examined. Q. You heard the clock strike before you went in? A. Yes; and when I came out; I always hear the clock strike when I am at home—I heard of the prisoner being taken up, two days after he was taken; it was last Sunday five weeks that I went to his mother's—I do not know what day of the month it was, but I know it was last Sunday five weeks, because I removed into the room I am now living in, the Saturday night before—I did not hear what the charge was against the prisoner for three or four days after he had been taken; the mother told me what it was—I never told this story before to-day—I have not had any talk with Mrs. Barry about it—I have heard them all talking about his being there on the Sunday evening, but I did not want anybody to tell me what I saw—he had neither coat or boot on—he put his book on the table, and turned and talked to me about the militia, and one thing or another.
COURT to JAMES CLARK. Q. How far is Bell-street from Stephen-street? A. About 150 yards—the Hope public house is about fifty or sixty yards from where the prisoner lived—the church is about seventy or eighty yards from Stephen-street.
(The prisoner was further charged with having been before convicted.)
JAMES CLARK, (policeman.) I produce a certificate—(read: "Thomas Rowe, convicted at Clerkenwell Sessions, Oct., 1852, of feloniously receiving stolen property, and confined twelve months")—I was present at the trial; the prisoner is the person.
GUILTY. Aged 17.— Six Years Penal Servitude.
GEORGE FLINT . I am a boot maker, and live at No. 15, Rose and Crown-court, Half Moon-street, Bishopsgate. On Friday, 3rd March, the prisoner came to lodge there, and had a bed in the same room as me—he went to bed by day, and I went to bed by night—he said his employment was by night—I saw him going out on 3rd March—I could not see that he had anything with him—after he was gone, I searched my box, and missed eight half crowns and a 2s.-piece, a black coat, a neck tie, and a pocket handkerchief, that was in the coat pocket—I have since seen the neck tie; it was found by the officer at the prisoner's lodging—I did not see any more of the prisoner till he was in custody.
Prisoner. Q. Were you present when I made the arrangement with the landlady? A. No; I have no private mark on the neck tie.
THOMAS AMISS . I am a boot maker, lodging at No. 15, Rose and Crown-court, in a different room to Flint. On Friday evening, 3rd March, I saw the prisoner go away about half past 5 o'clock—after he was gone, I missed from a box, which I had put into Flint's room, two waistcoats, three neck ties, a metal chain, and a book; I have since seen some of them.
Prisoner. Q. Did you see me come out? A. Yes; I did not speak to you; I saw nothing in your possession; I had seen my things safe a week before; the box was locked; it had been picked.
from Flint; and about 10 o'clock in the evening went to Petticoat-lane, and found the prisoner there in the street—I told him he was charged with robbing his lodgings that afternoon; he said he had not—I took him to the station, and asked his address, but he did not give it to me; I do not think he understood—I afterwards found he was lodging at 6, Little Prescott-street—I went there, and found the witness, Mary Ann Rock; I searched the house, and in her presence found a neck tie, a book, and this metal chain—I found these two waistcoats (produced), at Mr. Goodman's, a general dealer's, in Back-lane, St. George's in the East—I searched him at the station, and found on him 7s. 2d., a metal watch, and two knives.
Prisoner. Q. I did not refuse to give my address; I gave my brother's address, where I lodged. Witness. A. You gave your brother's address, but not your's.
LAZARUS GOODMAN . I am a general dealer, of 21, New-road, St. George's in the East On 3rd March, between 6 and 7 o'clock in the evening, the prisoner brought these two waistcoats (produced), and asked me if I would oblige him with the loan of 18d.; I did so, and kept the waistcoats—I afterwards delivered them to the policeman.
MARY ANN ROCK . My father keeps the house, 6, Little Prescott-street—the prisoner lived a week in the house, but he only slept there two nights; he slept there on Thursday, 2nd March, and on the 3rd, he came in and gave me the neck tie (produced), and told me to take it up stairs, and he gave my little brother, in my presence, a book and a watch chain to take up stairs; these are them (produced)—they were on our table in the bed room.
Prisoner. Q. Did not I tell you I bought them? A. No.
COURT. Q. Do you remember Finnis, the policeman, coming? A. Yes; I was in bed in the prisoner's room, as word-had been brought that he was locked up; and Finnis called me up, and asked me what the prisoner had brought home, and I told him—I went with him into the prisoner's room, and saw him find the things.
Prisoner's Defence. There is part of the neck-tie ripped at the end, and it has been so for some time, and if it was the prosecutor's he would have known that; I wore it better than a month; I bought the other things in Petticoat-lane, of a tailor; if I had stolen any of the property, it is not likely that I should leave the name in the book; on the day before, I bought three other books, and they have been taken away from me; it was in fair daylight that they saw me come out of the room, and I had nothing in my possession; it is a made-up plan because I had the misfortune to sleep in the house; three or four men slept in the house, and perhaps they committed the robbery and gave me in charge for it; I pledged the things in my own name, and with a man who knew me.
(The prisoner was further charged with having been before convicted.)
CHARLES BROWN (City policeman, 654). I produce a certificate of the prisoner's former conviction—(read: "Central Criminal Court. John Marney, convicted August, 1852, of larceny. Confined four months")—I was present—the prisoner is the person.
GUILTY.— Confined Twelve Months.
ELIZABETH GODDARD . I am single, and live at Cogan-house, Bow-road On Thursday afternoon, 30th March, I was in Charlotte-row—Legg, the officer, spoke to me, and I missed my purse, which was in my dress pocket ten minutes before—it contained 1s. 3d., a small key, and two patterns of silk—I afterwards saw it at the station.
GEORGE LEGG (City policeman). I was in Charlotte-row on Thursday afternoon, and saw the prisoner attempt to pick a gentleman's pocket—I afterwards saw him go up to the side of a female, and then he went to the prosecutrix, by the private door of the Mansion-house, and took a purse out of her dress pocket and put it into his own—I asked her if she had lost anything—she felt, and said, "I have lost my purse"—I caught hold of the prisoner, and took him to the station—he then put his hand in his trowsers pocket, and said, "Well, here it is," and gave me this purse (produced)—it contained 1s. 3d. and two pieces of silk.
Prisoner. I picked the purse up. Witness. I am quite sure I saw you take it out with your left hand—you could not have picked it up, for I had watched you for ten minutes previously.
Prisoner's Defence. I was standing looking at the carriages, and saw the parse lying at the lady's feet; I picked it up and put it in my pocket; I did not know who it belonged to.
GUILTY .— Confined Four Months.
459. JOHN JONES and THOMAS AMOS , burglariously breaking and entering the counting house of Francis Marshall and another, and stealing 43 cigars, value 7s.; 2 foreign coins; 2 5l. Bank notes; and 10s. in money; their property.
MR. PAYNE conducted the Prosecution.
JAMES SCARBOROUGH (City policeman, 541). On Sunday, 12th March, about 3 o'clock in the morning, I was passing down Savage-gardens, and saw some marks like footsteps on a crane in front of No. 2, which led me to believe somebody had gone up the crane—I looked up to the first floor window, and saw a small hole in the side window over the crane, just by the window fastening—I called the assistance of a brother officer, and sent him for the sergeant—while he was gone I heard a great smashing of glass, apparently at the back of the premises—the other officer and the sergeant then came up—the officer went into French Horn-yard, Crutched-friars, at the back of the premises No. 2, where there are stables, and sergeant Pole stopped with me—I looked up, and saw a man going along the parapet of No. 7 in the same row, between a walk and a run—I sprang my rattle, and Mr. Smith, of No. 5, Savage-gardens, came down, and let me and the sergeant go on to the roof of the houses—we went from the roof of No. 5 to No. 1, Muscovy-court, Trinity-square, and there found the prisoners standing in a gutter on the roof; Amos was bleeding very much from cuts on his face and hands—I took them to the station, searched Jones, and found on him 10s. 8 1/2 d., and on Amos 12s. 1d., forty-three cigars, some lucifer matches, and in one of his shoes these peppercorns (produced)—I afterwards examined the premises, and found a hole six or seven feet square in the glass roof at the back of No. 2, Savage-gardens—I found on the floor two or three bushels of peppercorns spread out loose—at the place where they were lying there was a tub close against the wall, and by getting on to that there was a beam going across the room to an upright shaft, from which a person could get on to the glass roof—that would enable a person who had fallen through to get
out again, and then, by going up a water spout he could get to the parapet of the house, and then could easily get where I found the prisoners—the water spout is perhaps twenty feet high—it would not be a very easy operation, particularly if a person had had a great fell—I found marks of blood on the water spout and over the roofs of the houses; the whole distance to where I found the prisoners there were drops of blood and marks of hands—on the same morning I found, on the parapet of No. 11, three small keys—after the prisoners were committed, I went on the 14th to examine the place again—I examined the whole of the roofs, and at the spot where I apprehended the prisoners I found, between the tiles, two 5l. Bank of England notes, stained with blood—I also found three keys on a desk in the office of Messrs. Magnus and Marshall, who occupy the first floor—there was also under the tiles a French silver coin, a French copper coin, and 16s. 1 1/2 d. in money.
Cross-examined by MR. GEAREY. Q. Was the broken place in the glass big enough for any one to get in? A. Yes; the window was shut, but not fastened—I found the keys between the house that, was broken into and the place where I found the prisoners—I did not find the bank-notes the first time I searched.
MR. PAYNE. Q. Did you search the tiles then? A. No, it was dark—from the front room on the first floor there is a door into the back room, which was not fastened—the window was only three feet high, so that a person going into the room might get on to the glass roof—it was a moon-light night.
WILLIAM GALE (City policeman, 520). I was called to assist Scarborough—I went to the back of the house, No. 2, Savage-gardens—I heard a crash of glass—I saw a man on the top of the house—I called to him, and he turned and went on to the parapet of another house in the direction of Muscovy-court—I then heard another crash of glass much louder than the first—I left another officer in French Horn-yard, and I went to the front of the houses, and then to the top of the parapet, and found the prisoners in custody of the last witness and Lloyd, at the top of No. 5.
GODFREY FOSBERRY (police inspector). I was at the station in Seething-lane, when the prisoners were brought in custody—I went to the premises, No. 2, Savage-gardens, immediately after the charge was entered—I went to the first floor of Messrs. Magniss and Marshall's place—they are cornfactors—I found their counting house in very great confusion, all the papers scattered about, the drawers open, and two iron safes were open—this cash box was on the desk, in the state it is now—I went there about 4 o'clock, or a little after—there was no one living in those chambers—there is a female living at the top of the house—there are two doors—I went in at the one which leads up the stairs to the dwelling house, got out of a window at the top of the stairs, and got into Mr. Marshall's—I found a pair of scissors there, and marks on them, as if they had been used for the purpose of breaking open—I found four sovereigns and two half sovereigns, and a 20 franc gold piece in a part of the cash box which had not been opened, and on a ledge near the safe I found a piece of candle—a lucifer match was picked up in my presence—I have compared it with the matches produced by Scarborough, and it is similar—I found some cigars—I examined the front window, and found a hole just opposite the fastening of the window, large enough to admit an arm, to enable a person to undo the hasp of the window—I saw the glass roof which was broken, and some paper underneath—the door going from the room to the place where the paper was, was secure—I
saw marks on the water spout, outside the window—the door from the landing to the counting house was secure—the window was open.
Cross-examined. Q. Were you present when the prisoners were brought in? A. Yes; I could not perceive that they had been drinking—the one who had been injured was excited, and very nearly fainting—I was obliged to send for a doctor.
FRANCIS MARSHALL . I am in partnership with Mr. John Magmas—we are corn merchants—we occupy the first floor, back and front, at No. 2, Savage-gardens—we do not sleep there, nor does the landlord—Mr. Curtis has the floor under us—I left about 4 o'clock that day—I left everything safe—I locked everything up myself—I left two clerks in the back office—I left the cash box safe, locked up in one of my drawers—I took the keys of the box and the drawer with me—the cash box contained two 5l. notes, about 30s. or 2l. in silver and copper, and about 4l. or 5l. in gold—I missed from the box all the silver, all the copper, and the two 5l. notes—the gold was in a different part of the cash box—an attempt had been made to open that part, but it had not succeeded, and the gold was left—these are two of the 5l. notes that I took from the bank that Saturday—there was an iron safe there which was not locked, in which there was a quantity of old books and some cigars—I missed about half a bundle of cigars—I have seen the cigars produced by Scarborough at the Mansion-house—I compared them with what I had left; they were exactly like them—I found the remainder of the bundle on the table—I had only had them in a few days—I missed several keys, and since they were taken I have discovered two keys were missing belonging to the cases, and they corresponded with the keys produced by the officer—they were left in the cases when I left—there was no fastening between the front and the back room—there are two doors, but they are always open—the glass roof behind covers Mr. Curtis's warehouse—he is a wholesale grocer, and would have pepper on his premises—these scissors belong to me; they were on the table—this cash box has been forced with them—I lost some florins—I left several florins, two crown pieces, several 4d.-bits, and a 1d.-bit, with a small hole in it, which I see here.
Cross-examined. Q. I suppose you do not know the cigars? A. Yes, I swore to them at the Mansion-house—they are the same—I bought a quantity—I can swear they are exactly the same sort—the clerk has one key of the counting house and the office keeper has one—the drawer in which I kept my cash box was closed again—it was locked when I got there on Monday morning, and I had the key in my pocket—the drawer might have been opened by lifting the top up—the sovereigns were under this slide in the cash box.
FRANCIS IRWIN . I am the wife of John Irwin—we live at No. 2, Savage-gardens—it is in the parish of St. Olave, Hart-street—we live on the third and fourth floors—Messrs. Magniss and Marshall occupy the first floor—I fastened the door of the house about 10 o'clock on the Saturday night—I was roused by the policeman about 3 o'clock in the morning—I found the outer door locked as I had left it—there was no way by which persons could get to Messrs. Magniss and Marshall's but through the window.
JONES— GUILTY.** Aged 19.
AMOS— GUILTY.** Aged 22.
Five Years Penal Servitude.
PLEADED GUILTY . Aged 37.— He received a good character.—Five Years Penal Servitude.
MATILDA BEALS . I am the wife of Isaac Beals, a greengrocer and coal dealer, No. 30, Creed-lane. The prisoner was in our service—he was to carry out coals, and receive the money for them—he was in our employ up to 23rd March—on that day I gave him some coals to take to Newgate-street, and change for a half-sovereign—I gave him a 5s.-piece, two-shillings, and 4d.—the coals came to 2s. 8d.—he never came back—I never received the half sovereign, nor saw the prisoner till he was brought back on the Saturday night.
ANN WILLIAMS . I am the wife of Morriss Williams, a sailor; I am in the employ of Mrs. Wall, No. 9, Newgate-street. On Thursday night, 23rd March, I saw my mistress give him a half sovereign, and he gave her change—she is not here; she is very ill.
Prisoner. I lost the half sovereign, through a hole in my pocket that I did not know of; this is it (showing it).
NOT GUILTY .
JOHN CRAFT . I am foreman to Mr. Josiah Wilson; he is a farmer and market gardener, at Enfield Highway and Edmonton. The prisoner was in his employ as a labourer; he was employed in digging—he came about six or seven weeks ago—he brought a spade with him, which was not a good one; it was not capable of doing the work—I got him a new one, which my master told me to get from his ironmonger's—I did not pay for it—the prisoner had worked four or five weeks before I gave him that spade—when I gave it him, he worked through the week with it, and came on the Saturday night for his wages—I cannot say how much I paid him; it was somewhere about 11s. 6d.—his wages were 13s. a week, but he had lost three quarters of a day by stopping away—when he was paid it was his duty to leave the spade at my house—I gave charge to the men to leave the spades at my house, if they belong to Mr. Wilson; if they are their own I do not trouble myself with it—the prisoner did not give up his spade that evening—I saw him again on the next day, Sunday evening; he came into my house two or three times; and I said, "What do you want here?"—he paused for about a minute, and then said, "Lend me a shilling"—I did so; and I said, "Remember to be up in the morning, and come to the Halfway field early; I shall be there myself—I was there, but he did not come—he had not left the spade at my house on the Saturday night, but I did not speak to him about it on Sunday, because I thought he would bring it with him on Monday morning to hip labour.
JOSEPH CHALLIS . I reside at Enfield Highway. I bought this spade of the prisoner, about three weeks or a fortnight ago; it was on a Saturday night—I gave him 2s. for it—I asked him if it was his own, and he said, "Yes"—he said he had been digging for Josh Wilson, and he did not intend to do any more work for him, and he would sell his spade.
HENRY HATES (policeman, N 342). I received information on 28th March, and went in search of the prisoner—I did not find him that day, but I found him on the 30th, at his own lodging—he was very drunk—I said, "I want you, about that spade"—he said, "What spade?"—I said, "Mr. Wilson's spade; I came to take you into custody for stealing it"—on the road to the station he said, "I suppose if you get the spade that is all you want?"—I said, "That is just what I do want"—he said, "Joe Challis has got the spade"—I went to Challis', and he said he had got the spade which he bought of the prisoner in the tap room of a public-house.
Prisoners Defence. I was intoxicated when I sold the spade; I meant to get it back again, and take it to Mr. Wilson's; I went down last Thursday to see if I should get the spade, and I called the foreman outside, and he told me not to bring it back, or I should have done it; I came up to. London, and was at work three weeks at the gasworks in Oxford-street.
JOHN CRAFT re-examined. He came to me at a late hour on Thursday night, just before he was taken, and I said, "You have been carrying on a fine game"—he said, "I know I have, but I can fetch the spade"—I said, "That is no use; you are in charge of the police"—my master gave him in charge—I could not, as I know of, take the spade.
JURY. Q. What became of the prisoner's old spade? A. It is remaining at Mr. Wilson's: it is quite worn out.
GUILTY .* Aged 30.—Recommended to mercy by the Jury.— Confined Two Months.
MR. LILLEY conducted the Prosecution.
FRANCIS OFFER (City policeman, 325). On Sunday morning, 19th March, about half past 5 o'clock, I found the prisoner inside a counting house at No. 9, Love-lane, Eastcheap—what first attracted my attention was, I found the door open; I went in, and found the prisoner lying down inside the door, in the counting house—I could not see him before I went in—he was lying down behind the door, so that I could not go in without moving him; I took him into custody—when I moved him he pretended to be asleep—he said he was not going to strike me—I took him to the station—I knew him by his being in Billingsgate market—he was lying down, and had this coat thrown over his shoulders—I had tried the outer door of the house about 3 o'clock, or half past 3, and it was then safe—I have since examined that door, and found marks on it, as if it had been forced by some sort of an instrument—I should say the marks were made by this instrument (looking at it)—I found nothing on the prisoner.
Cross-examined by MR. PAYNE. Q. Anything of the same size as this instrument, if it had been pushed into the same place, would make the same marks? A. Yes, I should think so—I believe this is an instrument used by fishmongers—the prisoner said at the station that he got there to sleep—I compared this instrument with the marks on the outer door, and on the counting house door, and it corresponded with both of them—the prisoner was inside the door, and my pushing the door pushed him and awoke him, and he jumped up—the people have not lost anything that I am aware of, only this coat that the prisoner had thrown over him.
MR. LILLEY. Q. What doors did you compare this instrument with? A. The door leading into the passage, and the door leading to the counting house.
COURT. Q. Did you examine the counting house? A. Yes, some considerable time after I found the desks had been broken open—I took the prisoner to Bow-lane, and then I came back, and found the other officer there—I found two desks had been broken open.
JOHN LEWIS (City policeman, 22). I went to No. 9, Love-lane on the morning in question, about 6 o'clock, I found the outer door open; I went in, and saw the inner door bearing marks of having been violently forced open—I found this piece of iron on the premises—I believe it is used for some purpose by fishmongers—I found it on the mantel piece, which is across the room, about seven or eight feet from the door—I tried it to the marks, and it fitted exactly—I found papers strewed about in great confusion.
COURT. Q. Had the desks been broken open? A. They had been forced open, I think, by the pressure of the hand raising them.
JOHN KIRK . I am in the service of Mr. William Sproston; his counting house is at No. 9, Love-lane, Eastcheap. The outer door of that house is used by other persons besides my master and his servants—his counting house is on the ground floor—I was the last person at the counting house on the night of Saturday, 18th March—I shut it up, and left it secure about 8 o'clock—I locked the counting house door with a key; I pulled the outer door to after me; it shut itself with a spring lock—other persons who have access to the place have a key of it—when I looked the counting house the desks were quite safe; they were locked too—the papers were in the desks; there were no papers left about—this piece of iron was not in the counting house on the Saturday night—I know the prisoner by sight, by working in Billingsgate-market; he jobs at one place and another, as a sort of porter——I know this coat; it is the property of William Sproston, Jun.—it was on a chair in the counting house when I shut the counting house up.
Cross-examined. Q. How do you know the coat? A. It is a pilot coat, and lined with plaid—young Mr. Sproston is quite well; he is not here—I know the coat; I paid for it—I bought it at the corner of Philpot-lane—I cannot say exactly how long ago—there is no mark on it—it is like the one I bought for young Mr. Sproston.
MR. LILLEY. Q. After you bought it for Mr. Sproston, Jan, did you see him wear it? A. Yes; it has been in possession of the police ever since it was taken away from our place—the coat I bought was a blue pilot coat, lined with plaid—I know it by its general appearance—this is it.
COURT. Q. Is this piece of iron used in your trade? A. Yes, it is used for opening barrels of salt fish and herrings—our warehouse is a few yards from the counting house—I have never seen the prisoner use such an iron as this—this is not ours—it is common in Billingsgate-market.
(The prisoner received a good character.)
NOT GUILTY .
MR. LILLET conducted the Prosecution.
JOHN KIRK . I am in the employ of Mr. William Sproston, a fishmonger, No. 9, Love-lane; the outer door of his place was fastened with a spring lock; other persons use that. On that Saturday night I locked the door of the counting house, and shut the outer door—I cannot say what property I left in the counting house, except books and an iron chest; no valuable property—there were old bills of parcels of no value—there was a day book, and three or four other books in the iron chest, but that was not opened—
there was nothing in the desks but paper and books of no value, as I am aware of—I should think they would not sell for anything—there was nothing but papers and books; there might have been a few pens—I am not aware that there was any penknife; there might have been; there were some old checks—the two desks were broken open, and the papers which were in them were scattered about the floor—there was nothing besides the papers and books removed, except the coat, which was moved off the chair—this piece of iron was not in the counting house when I left it.
JOHN LEWIS (City-policeman, 22). The statement I gave to the Court and Jury in the last case was correct and true—there was a cap and a jacket, and two or three coats, I observed in the counting house, when I went there, at 6 o'clock—the coats were old, they were on the floor—the jacket was on a stool, and the cap on a desk.
Cross-examined by MR. PAYNE. Q. When did you first say anything about that? A. This moment, not before—I have been in Court while the other witnesses have been examined—I do not know whose things they were that were lying about, or how they got there.
COURT to JOHN KIRK. Q. Did you know of any coats, cap, and jacket being there? A. Yes, there were two or three old coats hanging up, belonging to Mr. Sproston, which he has not used for a length of time, and a cap, belonging to William Sproston, jun., and a coat, which he used of an evening; that was the pilot coat.
Cross-examined. Q. These were very ancient affairs? A. Yes, they were old coats; our business is very dirty—I did not say a word about these things before; I was not aware that I was obliged to speak about them—the coat that was found on the prisoner I know was on the chair.
GUILTY . Aged 22.— Confined Four Months.
OLD COURT.—Wednesday, April 5th, 1854.
PRESENT—Mr. Baron MARTIN; Mr. Justice CROWDER; Mr. Ald. KELLY; Mr. Aid. COPELAND; Mr. Ald. FRANCOMB; and Mr. Ald. CARTER.
Before Mr. Baron Martin and the Third Jury.
PLEADED GUILTY .—Aged 37.
MR. BALLANTINE conducted the Prosecution.
GEORGE WILLIAM UMPLEBY . I am a woollen draper, at No. 118, Holborn-hill. The prisoner was in my employment—he left me in Jan.—on Tuesday, 7th March, I gave him into custody on a charge of embezzlement—he was taken to the station-house in Smithfield—I went there also—I was on horseback at the time, and I rode to the station—I there made the charge
—the officer was told to search the prisoner—at that time I was standing with my back to the prisoner—I heard a report, and distinctly felt a ball pass over my head, or I suppose it was the current from the ball, but it went so sharp that I felt the pain from it for half an hour afterwards—I thought it had taken the skin off my head, but it had not; it left no mark whatever—I immediately turned round, and saw the prisoner staring with the greatest possible astonishment to see that I had not dropped—I found that the ball had passed through the window immediately behind me, lower than my head—I was surprised how it could have got over my head without having hit it, but he stood a little higher than I was—the ball struck the wainscoting and penetrated to the extent of about an inch, the wainscoting being firm against the wall caused the ball to rebound—the prisoner was secured by the officer, and I saw a pistol in the officer's hands.
Prisoner. Q. What time in the evening was it when you first saw me? A. About a quarter after 7 o'clock—you were coming in the direction of Shoreditch—I first spoke to you in a court—I was on horseback—I rode into the court—there was just room for my horse to turn round in the court—you were so disguised that I was not quite certain whether you were the man or not—I put my head under your bonnet to look—if you had had presence of mind to get away you could have done so—I believe you were sober—I had not seen you I should think for about a fortnight before 7th March—I believe I had finished giving the charge of embezzlement against you at the time this occurred—I said at the station that it was very fortunate you did not attempt to shoot me while I was on horseback—I am not aware that I said I was surprised you did not—I would not be certain;. there was a good deal of conversation passed; it is impossible to recollect the precise words—when you were in the court you were wishing to shun me—you were stooping with your head down, and had one of the felt hats drawn completely over your face; I had to put my head completely under it to know whether it was you or not—I was examining every individual I met, for I thought you might be in woman's clothes or disguised in any way, crawling out about that time of night; I was looking for you—I think the inspector said to you at the station, "You dastardly villain, what have I done to offend you?" or something to that effect, and you replied, "I did not mean it for you, I meant it for him," meaning me—I distinctly heard you say that—I think I said before the Magistrate that I did not distinctly remember it, but I recollected afterwards most distinctly your saying it.
HENRY JOHN TEAGUE (City police inspector). I recollect the prisoner being brought to Smithfield station on Tuesday, 7th March—he was charged by Mr. Umpleby with embezzlement—I was entering the charge, and my head was close to Mr. Umpleby's while I was doing it—just as I was putting down the amount, 8l., I felt the bullet pass my head—it did not touch my head; I felt the sensation of its passing me—Mr. Umpleby was standing by the side of me, and it passed from the back of his head to the front of mine—I was a little behind him, leaning to the desk—I turned round, and saw this pistol (produced) in the prisoner's hand—he was in the dock at the time—that is higher than the place where I was standing—I went into the dock, and threw the prisoner down, and another constable picked up the pistol—I traced where the ball had gone through the window, and into the moulding—I have brought the bullet and the moulding too—after the prisoner was fully secured, I asked him why he wanted to injure me—I think I said, "What did you want to fire at me for?"—he said, "I
did not intend it for you, I intended it for him," looking at Mr. Umpleby—I examined the pistol at the time; it had been recently fired.
Prisoner. Q. Was it not in the cell that we had this conversation? A. Not when the remark was first made—you repeated it afterwards to the same effect; I cannot recollect the exact words—after you had been secured and had risen from the ground, Mr. Umpleby said, "I wonder you had not fired at me when I was on horseback," or rather it was more addressed to me than to you—I remember saying in the cell that I was glad it was no worse, both for your sake as well as mine—you made no reply—you were lying down in the cell, composing yourself very comfortably—I do not recollect your saying you were glad it was no worse—it is possible you may have said so; I do not remember it, but I dare say we were both of us glad it was no worse—you were sober' at the time you were brought to the station—Mr. Umpleby stood about eight feet from you—I placed you in the cell about 9 o'clock, and placed a man with you till the morning.
JOHN THORPE (policeman, G 193). I took the prisoner into custody between 7 and 8 o'clock on this evening—I took him in a cab to the station—I was there desired by the inspector to search him—I turned round to do so, and saw him pull his right hand from his pocket, and point something in the direction of the prosecutor and Mr. Teague—I did not at first see what it was—I saw the flash and heard the explosion, and then I saw the pistol in his hand—he threw it down on the floor, and he was secured—I took up the pistol, and gave it to the inspector.
Prisoner. Q. Whereabouts was I standing at the time you took me? A. In Shoreditch—Mr. Umpleby was close by the side of you—he was on horseback—you made no attempt to escape—I cannot say whether you might have escaped before you were given in charge—I did not see what it was in your hand at first—I saw you take something from your pocket, and point it in the direction of the prosecutor and Mr. Teague—it was done so instantaneously—I saw the explosion and heard the report, and then I saw the pistol—I think perhaps you had had a little to drink, you were not drunk—you said nothing to me about intending it for Mr. Umpleby—you had no opportunity of making any resistance when I secured you after the pistol was fired.
SUSAN MARSHALL . I am housekeeper at the Smithfield station. I was in the passage when the pistol went off, and heard Mr. Umpleby calling for the police—I went into the charge room, and the prisoner was then down on the ground with the inspector, and two officers holding him—I then went to the mess room for assistance—when I returned, the prisoner was standing up, and he was laughing when I went in—I told him there was nothing to laugh at to take a man's life away—he then said, "I did not intend it for that gentleman, it was the other"—there were but Mr. Umpleby and Mr. Teague in the office at the time—he looked towards them; they were standing together; I could not possibly say which.
Prisoner. Q. What distance were you standing from me at the time? A. Close to you—I do not think it possible that I could make a mistake—I heard you say to inspector Teague at the cell door, "I did not intend it for you"—there might be twenty policemen there or more after police was called.
THOMAS PRIOR . I am a cab driver, and live at No. 9, Angel-court, Strand. I drove the prisoner to the Smithfield station—next morning I found two bullet moulds, a tin case with some bullets in it, some nipples, and a large clasped knife—these are them (produced).
Prisoner. Q. What time was It when you found these things? A. Next morning, about 11 o'clock—that was after I heard of the explosion of the pistol—it is my duty to return things found in my cab—I did not find any till—I went to Newgate to see if I could identify you—I could not do so, because you had not got your hat on; that was the reason.
MR. BALLANTINE. Q. Was there an officer in the cab with him? A. Yes.
RICHARD DAVIS . I am a locksmith and general dealer, in Henrietta-street, Manchester-square. I know the prisoner—on Tuesday, 7th March, I gold him this pistol—it had no nipple on it then—he asked me if I had anything more, and asked for a bullet mould—he said he was going to Australia.
Prisoners Defence. On 7th March I had been down to Lower East Smithfield, and on returning home I was walking up the Kingsland-road; I happened to turn round, and saw Mr. Umpleby on horseback, and to avoid him I walked up this turning that he terms a court; he came up to me, and said, "What are you doing here? I have been looking for you for some time; I want to have some conversation with you;" I said, "Very well;" he said, "Where can you got" I then condescended to walk with him, I suppose pretty well a quarter of a mile, or nearly so, till we saw a policeman; he called him, and gave me in charge; we went to the police station at Smithfield; the charge was entered; the policeman was desired to search me; I had the pistol now produced in my pocket, and when the officer was told to search me I pulled it out of my pocket in a hurry to lay it down, and it exploded; the inspector called out, "Police! murder!" and sent for assistance, and I should think not less than twenty policemen came in, most of them with their jackets off, and each of them took a very active part, or tried to do so, in searching me; I had a pair of gaiters on at the time, and they were trying to take my boots off without taking my gaiters off; I could not help smiling at the time; I was told to stand on my legs; that accounts for Mrs. Marshall saying I was laughing; I might have smiled, for I could not help smiling to see so many able bodied men trying to get my boots off without taking my gaiters off; they searched me and found some money on me, and they locked me up; about an hour after I was locked up in the cell, inspector Teague came in, and said, "Now you seem a little more cool than you were a short time back, is there anything you want?" and he said to the housekeeper, who was standing outside, "Let the prisoner have anything he wants, any refreshment or anything of the sort," and pretended to make me very comfortable; he sent up stairs for a mattrass to lie upon, which I thought was very kind of him; he rubbed his hands, and said, "I don't know whether you meant this for me, but you gave me very short notice;" this conversation took place in the cell, I have no recollection of any other; I said, "It is not likely I intended it for you, neither did I intend it for Mr. Umpleby;" it is not likely, if I had intended it for Mr. Umpleby, that I should have said so to inspector Teague; Mrs. Marshall hearing Mr. Teagues statement at Guildhall, as a matter of course states the same thing, it is natural; having bought the pistol the same morning that I saw Mr. Umpleby, it does not appear at all probable that I bought it for the purpose of shooting him with it; if I had intended to take his life, I should have been prepared weeks before, or days before at all events; having bought the bullet mould for the purpose of making bullets, it does not appear very much like intending it for one particular purpose; my object was to have left
London; I intended to take the pistol with me; the knife I had had in my possession for a long time, and generally carried it with me.
GUILTY on 2nd count. Aged 37.— Transported for Life.
MR. BALLANTINE stated that the prisoner had been previously convicted of embezzlement, and sentenced to eight months imprisonment; that Mr. Umpleby had nevertheless consented to employ him that he might redeem, his character and that he very shortly commenced with him a series of embezzlements.
MESSRS. CLARKSON and BAYLEY conducted the Prosecution.
ISABELLA MOSELEY . I am the wife of Frederick Moseley, who keeps the Fortune of War public house in King's-road, Camden-town. On 16th March,' about ten minutes or a quarter to 10 o'clock in the evening, I came into the bar, and paw the prisoner there, drinking some brandy—my husband had served him—my husband left (he bar—the prisoner asked me the price of a bottle of the same brandy—I told him, and he left the house, saying he should very likely return for a bottle—he did return in about ten minutes, and I prepared a bottle for him—before I gave it him he tendered me a 5l. note—I asked, him his name and address—he said it was all right—I said, "You are a stranger to me, I require your name"—he again said it was all right, it was for Mr. King, the butcher, who is a neighbour, he lives in College-street, near us—my son had by that time entered the parlour, and I went and spoke to him, and showed him the note, leaving the prisoner at the bar—we then went to the bar to speak to the prisoner, but he was not there, he had left the house—I saw no more of him till he was brought back by my son and Mr. Tapp, nine or ten minutes after—my son said to me, "Mother, is this the party that produced this note?"—I said it was—the prisoner said, "You are lying under a mistake, I never was in your house before"—I took quite sufficient notice of him while he was in the house to recognise him again—I knew him instantly—I had given him no change.
Prisoner. Q. How long were you in, the parlour before you came out to the bar? A. A few minutes—you stopped a minute, or two at the bar—Mr. Tapp was at the bar the whole time—when you returned with my son I felt confident you were the man; I might in my flurry have said I was, pretty sure you were the man, but I was confident of you from the first.
FREDERICK GEORGE MOSELEY . I assist my father and mother. On Thursday evening, 16th March, I was in the skittle ground, and was sent for by my mother about 10 o'clock, or a few minutes after—I went into the bar parlour—I saw two persons at the bar, Mr. Tapp, a neighbour, was one; I could not swear to the prisoner being the other, I should imagine he is the man by his size; I believe he is—my mother handed me a 5l.-note; I looked at it, and thought at once it was a bad one—I went to the bar and then found only Mr. Tapp there—I then went outside the outer door, and saw the prisoner standing outside—I said to him, "You want change for a 5l.-note I believe; if you will wait I will get it you?" he made no answer—I am, quite, sure the prisoner, is the man I saw outside—I returned in. doors to Mr. Tapp, and requested him to keep his eye upon the prisoner—I then returned to the, skittle ground with the, note in my hand,; I returned to the house again in about; two minutes; I saw Mr. Tapp at the bar, and we went out together—we, went up the King's-road, and into Georgiana-street; and when we came to the gateway of Mr. Ingram's yard, Mr. Tapp turned down the gateway, I went on further to, the corner of the next street
—I then returned; and as I passed Ingram's yard, Mr. Tapp called me—I went down the gateway, and found him talking to the prisoner—he said, "Here is the man"—I asked the prisoner if he would walk back to the Fortune of War with me, he said, "Yes"—he went without any hesitation—when we got there I asked my mother if that was the man that gave her the note—she said, "Yes;" the prisoner said it was estate wrong, he had never been in the house before; I then sent for the officer, Woodrow—I kept the note in my hand all the time—I accompanied the officer with the prisoner to the station, and there put my name on the note—this (produced) is it.
Prisoner. Q. How long do you suppose I was standing outside before you came? A. It could not have been above a minute or so—there was time for you to have run to the end of the street—I could not swear to your being the man I saw at the bar—I had a better opportunity of seeing you outside, when I spoke to you—when I came down the gateway you said as soon, as you had buttened up your clothes you would come with me—my mother said she was certain you were the man.
JOHN TAPP . I am a broker, of No. 27, Pratt-street, Camden-town. On 16th March, I was at the Fortune of War, about 10 o'clock in the evening; I sow the prisoner there—I did not know him before—Mrs. Moseley and her son came in, the son had a piece of paper in his hand—the prisoner had then left the bar—Mr. Moseley said something to me, and went into the skittle ground—in consequence of what he said to me, I watched the prisoner; he ran into a neighbour's yard in Georgiana-street, at least he walked at a middling pace—I walked down the yard to him—Mr. Moseley came to me—the prisoner was round the corner of the yard, behind a dead wall; I asked him what he was doing, he said he was down there for his own convenience—I asked him to be kind enough to step along, with me, and he refused to do so—I told him he had no business down there, that he was a trespasser on the property of a neighbour of mine—he said to hoped he was doing no harm—Mr. Moseley came up, I asked him if this was not the man that was in front of the bar, and he said it was—Mr. Moseley asked him to step along with us, and he did so—when we got to the house, Mr. Moseley said to his mother, "Is this the man that gave you the note?" she said, "Yes; it is"—a policeman was then sent for, and the prisoner was given into custody.
Prisoner. Q. How long was I standing outside before you can out? A. Not a moment—there was time enough for you td have got the length of the street—you were standing still—there was one else with you; Mrs. Moseley always said she was sure you were the man.
THOMAS WOODROW (Policeman, S 165). On the evening of 16th March, I was sent for to the Fortune of War; and received the prisoner In charge—Frederick Moseley produced a 5l. not to me; I put a mark on it—this is it—I held it up, and the prisoner said, "Say it is a bad one, say it is a bad one?"—I asked him if it was a good one—he said he had never had it, she did not know—he said Mrs. Moseley must be mistaken; if she said so she was a false swearer—at the station he was asked his name and address—he refused at first to give it—afterwards he gave the name of George Davis; he gave no address, he said he did not wish to be shown up.
Prisoner's Defence. I had an opportunity of getting away if I had been
guilty, as I was standing outside for some minutes; somebody else went in, not me; and I being the only man that was standing outside, I was accused of it; I can neither read or write, I am sure I could not have forged that note.
NOT GUILTY .
MESSRS. CLARKSON and BAYLEY conducted the Prosecution.
JOSEPH PERKINS . I am cashier to Messrs. Mitchell and Co., woollen drapers. On the afternoon of 22nd Feb., at half past 2 o'clock, the prisoner came to the shop—I asked him what he wanted; he said some brown Melton for a coat—I showed him some, and cut him off two yards of a blue one that I showed him—he offered me a 5l. note in payment; I asked him to put his name upon it, and he did so—this is the note (produced), and this is what he wrote, "Edward Smith, 29, Earl-street"—I had not change in the house—I went out, but not with the intention of getting it changed; I took the note with me to Mr. Colton's, at the Crown public house, in the Edgware-road—I had my suspicion, and in consequence of what he said, I went to the police station; I gave the note to Dafters, the officer; he returned with me to my master's; the prisoner was still in the shop.
Cross-examined by MR. LOGIE. Q. You left him there, and you found him there when you came back? A. Yes; I am sure this is the note—I hesitated about it at first, because the number, "29, Earl-street" seemed to have been altered—I told the prisoner that I had not got change, that was true—I was away about five minutes.
MR. CLARKSON. Q. You say you had your own suspicions? A. Yes; I did not tell the prisoner that.
JOHN DAFTERS , (policeman, A 346.) On 22nd Feb., Perkins came to the station, about 3 o'clock in the afternoon, and handed me this note—I returned with him to his employer's shop, and found the prisoner there—"I had the note in my hand; I said, "You have just attempted to pass this note;" he said, "Well, what of that?"—I said, "What is your name, and where do you live?" he said, "Not what I have put upon the note"—I said, "That quite satisfies me there is something wrong about it;" he made no reply—I took him to the station; he was there asked his name and address; he said, "Edward Davis," he said, "I do not wish to give my address."
JANE ALDRIDGE . In Dec. last, I kept the Russell's Arms public house, Bedford-street, Euston-square. On the afternoon of 21st Dec., about 3 o'clock, the prisoner came to my house, and asked me what the price of brandy was a bottle; I said, 5s.—he desired me to put him up a bottle of pale brandy, and to let it be very good—he gave me a 5l. note in payment and I gave him four sovereigns and a half in gold, and 5s. in silver in change—I requested him to write his name and address on the note, and handed him pen and ink to do it—this is the note (produced)—he wrote on it, "Edward Davis, Johnson-street"—he told me to put the brandy up in paper ready, and he would call for it in a short time; he went away with the change, but never returned for the brandy—I am quite certain this the note; my name is written upon it—my niece took it to Mr. Hooker, the butcher, to be changed; he brought it back to me immediately; I kept it till the policeman came, and then gave it to him.
Cross-examined. Q. Had you ever seen the man before? A. Yes; his
face was familiar to me—I knew his face at once; I have served him in house; I did not know his name—he was there five or ten minutes inquiring the price of different articles—I thought the note was a good one.
MARGARET FORD . I am the niece of the last witness. On 21st Dec., I went for her to get change of a 5l. note; I took it to Mr. Hooker, the butcher, in Seymour-street, and got it changed—the name of Edward Davis was on the note when I took it there—this is the note.
Cross-examined. Q. The butcher thought it was a good one, and gave you change? A. Yes; he gave me 5l.
MR. CLARKSON. Q. When did you see the note again? A. When Mr. Hooker brought it back again that same day—he gave it to my aunt, and she gave it to Abrahams, the officer.
WILLIAM LUND . I am shopman to Mr. James Lancaster, woollen draper, of 12, High Holborn. On 16th Feb., the prisoner came to the shop, and bought two yards and a quarter of black doe skin, at 5s. 9d. per yard; he paid for it with a 5l. note—I called "Cash;" and Mr. Smart, the cashier, came and took the note—the prisoner took it from his breast coat pocket—I could not swear that this (produced) is the note—I saw the prisoner write a same upon it; this is the name and address he wrote, "Edward Davis, 14, Johnson-street"
CHARLES WAKE SMART . I am clerk and shopman to Mr. Lancaster, and also act as cashier. On the evening of 16th Feb. I saw the prisoner there—I did not see him come in; I saw him speaking to Lund, who served him—he packed up the parcel, and called out "Cash"—I went forward, examined the bill, and took this 5l. note—I asked the prisoner to put his name and address upon it, and he wrote "Edward Davis, 14, Johnson-street," in my presence—I gave him change, 4l. in gold, 7s. in silver and copper—before he wrote his name on the note I looked a it, and said, "There is no name on this"—he said, "No, I took it from a customer of mine, who I know very well," and he was satisfied with that himself, and then I asked him to put his name—this is the note—he took the parcel and change with him.
Cross-examined. Q. I suppose a good deal of money passes through your hands? A. Yes—I thought this was a good note, or I should not have taken it.
JAMES ABRAHAMS (policeman, S 296). On 20th Feb. last I went to No. 14, Johnson-street, Seymour-street—I have been to about twenty different Johnson-streets and Johnson-places and courts, trying to find the prisoner, and have not found any person of that name at any of them.
Cross-examined. Q. At none that you went to? A. I went to a great many—I was engaged on purpose, from last Dec.—as far as I know I have been to all the Johnson-streets in London—I was occupied for four days in Dec. last, in trying to trace the prisoner's address, and for three days in Feb.—I did not take the prisoner into custody—these two notes were given to me, one in Dec., and the other in Feb.
GUILTY . Aged 32.— Transported for Fifteen Years.
MR. BODKIN conducted the Prosecution.
England. This bill of exchange (produced) is drawn by the Bank of England on the Bank of Ireland—it was presented to me for payment on 8th Aug; I do not recollect by whom—at the time it was presented it had the name of "Charles Macintosh and Co." endorsed on the back, or I should not have entertained the bill—the person who: presented it wrote these work "Received for," above the name of "Charles Macintosh and Co.," and his own name underneath it—that receipt was written after it was presented—(the bill was here read; it was for 43l. 7s. 6d., at twenty-one days, payable without acceptance to Mrs. Alicia Holiday, and endorsed "Alicia Holiday,' there were three other endorsements, and then followed the words "Received for Charles Macintosh and Co. Alexander Heilbronn.")
COURT. Q. If I understand you, the words "Charles Macintosh and Co." were written there when it was brought to you? A. They were, and the person presenting it wrote the words "Received for" over that endorsement, and "Alexander Heilbronn" below it—I considered the bill perfectly regular.
MR. BODKIN. Q. Did you notice that it was specially endorsed to the house of Charles Macintosh and Co.? A. I did—if the endorsement of "Charles Macintosh and Co." had not been on it, I should have returned the bill back for it—I noticed that the bill was perfectly regular, according to my ideas, end I requested the bearer of it to receipt it, upon which he wrote the words I have stated in my presence.
HUGH BIRLEY . I am one of the firm of Charles Macintosh and Co. The endorsement of "Charles Macintosh and Co." on this bill is not in my handwriting) or in the handwriting of any of the firm; it is evidently so imitation of mine—I know nothing of it—I gave no authority for the same being put there.
JOHN BROWN . I am in the employment of Macintosh and Co. I was in the counting-house on 6th Aug., acting for Mr. Leigh, who usually attends there, but was absent from town—the prisoner was employed in the counting-house at that time—I received a letter that morning from our correspondent at Cologne, inclosing this bill—it was then endorsed, except by Charles Macintosh and Co.; that was not upon it—I know the prisoner's handwriting—I believe these words, "Received for," and "Alexander Heilbronn," under the name of the firm, to be his writing—on receiving the letter and bill, I passed it to the boy who copies it in the receipt letter book—as it is a bill, payable without acceptance, it would not be the prisoners duty to take it or interfere with it: but I did not notice at the time that it was payable without acceptance; therefore, it might come into his hands in the ordinary course of his employment.
WILLIAM BROCKEDON . I am one of the partners in the firm of Macintosh and Co. This endorsement is not in my handwriting; or that of any of the firm; it is an imitation of Mr. Birley's—I believe the words "Received for," and "Alexander Heilbronn," to be the prisoner's writing—he has been two years in our employment—he left some time in Aug., I believe, but I was out of London at the time, and did not return till Sept.—I had him searched for in various places abroad, upon a charge of embezzlement, not knowing of the forgery at that time—he was ultimately brought from New York; an officer was sent over for him.
Prisoner. Q. Were not the duties of the clerks assigned by the manager of the firm, and not by the partners? A. I really cannot tell, because my business has not been with the money affairs.
Macintosh. On 6th Aug. last this letter was handed to me, wit the bill, to enter in the book—I entered it, and left the bill and letter on the desk; it was the same desk as the prisoner used.
GEORGE LEIGH . I am manager of the business of Charles Macintosh and Co. The prisoner was in their employment about two years—he left on 15th Aug, without giving notice—I did not see him again until March last—he was then in custody, having been brought over from America—his duty was to conduct the foreign correspondence of the house, and to present bills for acceptance, not for payment—I was away on the day this matter occurred—after my return I caused a drawer in his desk to be opened, and in it I found the letter in which this bill was inclosed—it ought not to have been there—I also found this list of "accounts not accounted for;" it is in his handwriting—(this, being ready, contained various names, with amounts against them; among others, "Kneller, 43l. 7s. 6d.")—I also found this book; it is in the prisoner's writing—this manuscript in his writing—(read. "A. H. is quite right in advising America as the last resort; a man of enterprise will before to find his way. Show yourself in Paris, and other parts of the Continent, for a week; and then go to Havre, to Southampton, thence to Liverpool, and leave by the 20th. The packet in which I engaged a berth you will not be able to go over further than Paris, because, being a minor, you require a passport, countersigned by the Consuls in London, which you will not obtain without giving full information as to who you are; for Paris and Belgium they are not so strict. Therefore, if you leave London on the 14th, you can be in England again on the 18th very comfortably. In the mean time your outfit and all shall be ready on board for you, and you can remain until the last moment. Keep to the story about the doctor; it is very plausible, and will lead them off the scent; but by no means enter near Austria; your father's name will be sufficient to bring you into the hands of the police. You will find a small sums for your, credit with—at New York, who will advise.")
Prisoner. Q. What is the rule with over-due bills? A. To pass them through the bankers; they always receive over-due bills—if you received a foreign bill for 100l. in this way, it was without any authority; but I cannot, without the book, speak as to the disposal of bill—it occasionally happens that we receive bills not payable through a banker's, and the ordinary course is not to pass them through a banker's; they will not take them—you had no right to receipt any bills; that was in my department.
(MR. BARON MARTIN, upon hearing MR. BODKIN'S opening, had expressed his opinion that the case could not be supported; this was not a special, but a general endorsement, for the moment the fast, endorse, Alicia Haliday, wrote for name upon it, it became by law a general endorsement (notwithstanding the subsequent endorsements), and was payable to the bearer, so that the bank could not refuse to pay the bill to anybody; at MR. BODKIN'S request he would hear the evidence, but the question would be whether the prisoner forged the endorsement with the intention of its being an endorsement on the bill, and for no other purpose; if he did it with that intention it would be a forgery; but if it was done merely to convert it into a receipt, and so fraudulently to get the money) it would not be a forgery.
After hearing the evidence. MR. BARON MARTIN did not call upon the prisoner for his defence; he was clearly of opinion that the offence committed was not forgery, but embezzlement; the object of an endorsement was to transfer the property in the bill to a third person to enable that third person to get the money for it, and for the purpose of finding the prisoner guilty, the JURY
would have to find (contrary to all reason and common sense) that he wrote, this name upon the bill with the intention of passing it to a third person instead of getting the money himself. MR. BODKIN applied that the question might be reserved, but MR. BARON MARTIN declined to reserve it, having no doubt at all upon the subject.)
NOT GUILTY .
PLEADED GUILTY . Aged 20.— Six Years Penal Servitude.
471. HENRY JONES , stealing on 10th March, 36 handkerchiefs, value, 21s.; the goods of James Weston and another, his masters; also, on 4th Jan., 3 shirts and other goods; also, on 24th Dec, 3 shirts and other goods, also, on 22nd Dec., 1 shirt and other goods, of his said masters; also, on 10th Oct., 3 shirt studs, value 9s.; of Henry Faudel and another, his masters; and ALFRED JONES and JAMES BURRILL , feloniously receiving the same.
HENRY JONES PLEADED GUILTY . Aged 18.— Four Years Penal Servitude.
ALFRED JONES PLEADED GUILTY . Aged 21.— Confined Twelve Months.
MR. CLARKSON offered no evidence against BURRILL.
NOT GUILTY .
MR. THOMPSON conducted the Prosecution.
JAMES BROWN . I am a labourer, and live at Harefield. On Saturday night 18th March, I was in the tap room at the Six Bells public house, it Ruislip, in company with George Rogers and William Brown—the prisoners were there—I knew them by sight, but did not know their names—I was not drinking with them—I pulled out my purse to pay for what I had—that was between 10 and 11 o'clock—Lavender said, "Mate, your pone seems rather heavy"—I said, "There is not much in it, besides a few half-pence"—I left the house at 11 o'clock with Rogers and William Brown, And went across the fields towards Harefield—when we got over the stile into the road Rogers left us, and went into his own house—the boy (William Brown) and I went on, and about ten minutes after Rogers had left us I heard some persons coming behind me—I slackened my pace whilst they overtook me, and Lavender and one of the other prisoners, I cannot say which, passed me—they walked along just before me, and the other behind me—as I was going on he came up opposite me, and began pushing up against me, reeling from one side of the road to the other—he came up against me five, six, or seven times, and then began sparring round me, and saying, "Will you fight?"—that was either Tobutt or Bray—I said, "I don't want any fighting, there is plenty of room for you and me along the road without pushing against me, I want to go on home about my business"—I attempted to go on again, and either Bray or Tobutt stepped behind me, put his foot against my leg as I was walking on, and I fell down on the road on my face—after I was down the three men got across me, there was not a word spokes—I said nothing to them or they to me—the hands of the one who threw me down, were in my left pocket; he did not find anything there, and he thrust his hand into my right pocket And took my purse—
that was Bray or Tobutt, but they were all three upon me—there was 11s. 2d. and a key in my purse, they got up directly, and I ran back towards home—I did not speak to the policeman before Sunday evening.
Cross-examined by MR. LOGIE. Q. What time did you go into this public house? A. About half past 10 o'clock—I do not know how many persons there were in the room, not above six or seven at the furthest—I am sure the three prisoners were in the public house—I had two pints of beer to drink; I had called in at a public house on Ruislip-common before—that was a mile further back—I had three pints of beer there, between me and the boy; I had, perhaps, two pints of it—the boy is thirteen years old—he was not drunk in the last public house—he had a piece of fat bacon at Ruislip, and that made him sick—he had very little of the two pints of beer, I took the lion's share of that—I had not been in any other public house that day—I had no spirits, I was perfectly sober—there was not a word spoken while the men were robbing me—I did not say anything to them, because I was underneath them; I was glad to get away from under them as soon as I could—I had not left the public house above twenty minutes when this happened—I am sure the prisoners are the three men that came up to me—I do not know which of them it was that walked behind me; there was a moon, but it was dull, it was not out bright—I am sure it was not Lavender that walked behind me, because he is the shortest of the three—I thought so then—I had known them before, by sight—they are labouring men, living on Ruislip-common—Rogers was in the public house when I got there, and he left with me—I never said I did not know the men that robbed me; I said I did not know them exactly, not to know their names, but if I were to see the three together I should know them—I should have known Lavender singly, and Bray; I did not exactly take notice of Tobutt in the public house—I was at the Six Bells on the Sunday night; I went into the tap room; I did not see any of the prisoners there then—I could not swear whether Bray was there, because I only went in and had a pint of beer, and went away again—I did not make any alarm about this till the Sunday evening; I mentioned that I was robbed, but I was not hurt, and I would have put up with the loss—I told the man I lodged with, and I mentioned it at the Six Bells next day—I was not drunk on the Saturday night, far from it; that was not the reason why I abstained from mentioning it to the policeman till the Sunday night.
COURT. Q. Are you sure that the three prisoners are the men you saw on the road? A. Yes; they be the three.
WILLIAM BROWN . I live at Harefield. I am thirteen years old, and am a labourer; I am no relation to the prosecutor—I was with him at the Six Bells on Saturday evening, 18th March—I saw the three prisoners there in the tap room, I did not know them before; I remember the prosecutor taking his purse out to pay for the beer, and Lavender said, "Mate, your purse seems heavy"—I left the Six Bells with the prosecutor and Rogers—after Rogers, left us, as we were going home the three prisoners came up—they wanted to fight Brown—he was going to walk on, and one went behind him and threw him down, and all three fell across him, and took his money from him—I could not see what they did, I was a little way from them—I did not see the purse at all—I saw the three men run away.
Cross-examined. Q. Had you been at the public house with James Brown before the one at which you saw these men? A. Yes; I had some beer there, and also at the other house—I was very sick, the landlady took me
out of the room; I was not tipsy—I was frightened when the men came up to Brown; I did not keep close to them—Brown fell on his face, and they held him down on his face, and then got up and ran away—I do not know which of the three came up first—I am quite sure it was one of them—I was examined before the Magistrate; I heard that there were three men—I never had any doubt about the prisoners being the men—I was first spoken to about going before the Magistrate on the Tuesday, by Clark the policeman—he showed me the three prisoners—I do not know how much beer I took that night.
GEORGE ROGERS . I am a labourer, at Harefield I was at the Six Bells on Saturday evening, 18th March—I saw the two Browns there, and the prisoners—I knew them before—I saw Brown take out his purse to pay for the beer, and heard Lavender say, "Your purse seems heavy, mate"—I left with the two Browns, and quitted their company at my own house.
Cross-examined. Q. These three men live in the neighbourhood, do they not? A. Yes; on Ruislip-common, I believe—there might be two or three more persons in the public house—I had been there from 6 or 7 o'clock—I do not know exactly what time it was when the two Browns came in—they were not there long—they had two pints of beer—I was not drinking with them—the boy was sick—I cannot say whether he was sober or not, he walked very well after he came out of the house—James Brown was not at all drunk.
JOSEPH CLARK (policeman, T 16). In consequence of information, I took the three prisoners into custody—I told them they were charged with knocking the prosecutor down and robbing him, and taking from his person 11s. 2d., a bag, and a key—they denied knowing anything about it—they were all at their homes, which are near together—the prosecutor went with me and pointed them out—on their way to the station Tobutt said to lavender, "The old man has got another coat on now"—Bray said at the station that Kogers went home with the old man.
TOBUTT— GUILTY . Aged 19.
BRAY— GUILTY . Aged 18.
LAVENDER— GUILTY . Aged 18.
Recommended to mercy by the Jury.— Confined Six Months.
JAMES HARRINGTON (policeman, N 29). On Wednesday evening, 8th March, I saw the prisoner—a boy named Giles was with him—he had one lump of suet—the prisoner had a bundle containing three kidneys of suet—I asked him where he got it—he said he had got it from a countryman, and had given 2d. for it.
JOHN GILES . I know the prisoner. On Wednesday evening, 8th March, between 7 and 8 o'clock, I saw him go into Mr. Roberta's shop and take some suet—he brought it out in his arms, and put it in a handkerchief—I did not get any of it—I was carrying a piece for him when the policeman saw me.
Prisoner. Q. Did not you give me the suet? A. No, I did not steal it.
Prisoner. What he says is false; the prosecutor said himself that he would not believe that I took it out of the shop, the door has a bell to it.
The prisoner's statement before the Magistrate was read, as follows: "The boy Giles took the suet as well as me; he was not carrying the suet for me, but for himself."
Prisoner's Defence. I never took it; a boy saw Giles take it, but said he would not have anything to do with it.
(The prisoner was further charged with having been before convicted.)
WILLIAM BACON> (policeman, 482). I produce a certificate—(read: "Henry Mardell, convicted here June, 1853, of larceny.—Confined Six Months")—the prisoner is the person.
GUILTY. Aged 17.— Confined Twelve Months.—Recommended to be sent to a Reformatory School.
MACKLIN PLEADED GUILTY . Aged 26.— Confined Nine Months.
ROBERT DEAN . Last Saturday night I was driving my wagon up Holborn-hill with a horse tied behind it, belonging to Thomas Beckley—I stopped at a shop on the hill, and soon afterwards I missed the horse—I gave information to the police, and shortly afterwards saw the horse at the station, and the prisoners in custody.
TIMOTHY SULLIVAN I am a gilder, and live in Three Cups-yard, Bedford-row. Last Saturday night I was in High Holborn—I saw a man driving a wagon with a horse tied behind it—I saw the two prisoners behind the wagon—I saw French undo the cords that tied the horse to the wagon, and when he came opposite Southampton-street, in Holborn, he ran up there with the horse as hard as he could—he went up Theobald's-road, along Devonshire-street, and into Queen-square, when Macklin gave him a leg up on the horse—I followed them down Ormond-street, met the constable, and told him what I had seen.
DAVID LATTO (policeman). Last witness gave me information—I saw the prisoners, one was riding the horse and the other walking by its side—I asked them some questions—Macklin said the horse was his—he afterwards told me that a gentleman had given him 2d. to hold it—I asked what he was doing with it there—he made me no answer—they afterwards told me they found it straying in Holborn.
French's Defence. I was coming up Holborn, and met this young man; he asked if I wanted to earn 1s. to take the horse and meet him in Gray's Inn-lane; I did not know it was stolen, he told me it was his; I took it into Lamb's Conduit-street, and the man came up and accused me of stealing it.
FRENCH— GUILTY . Aged 21.— Confined Nine Months.
MR. PAYNE conducted the Prosecution, and MR. CAARTEN appeared for the Prisoner.
NOT GUILTY .
NEW COURT.—Wednesday, April 5th, 1854.
PRESENT—Mr. Justice CROWDER; Mr. Ald. CUBITT; and Mr. Ald. CARTER.
Before Mr. Justice Crowder, and the Fifth Jury.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
SAMUEL JARMAN . I am clerk to the solicitor of the Treasury. I produce a certified copy of the conviction of Mark Lewis, which I got from Mr. Clark's office—(read—"Central Criminal Court, Mark Lewis, convicted on his own confession, Aug., 1853, of uttering a counterfeit half crown, and within ten days a counterfeit shilling; confined six months.")
JAMES LANE (policeman, N 425). I took the prisoner on 1st Aug., last year; he was taken before a Magistrate, charged with uttering a counterfeit half crown and a shilling; he was committed for trial—I did not see him go into the van—I was not present when he pleaded guilty.
HARRIET POLLARD . I am the daughter of James Pollard, a baker, who lives at No. 12, Pleasant-row, Stepney. On 23rd Feb. I saw the prisoner in our shop for a 4 lb. loaf; the price was 9 1/2 d.—he gave me a bad half crown—I gave him change—I put the half crown in the till with smaller silver—there was no other half crown in that division of the till—my father afterwards went to the till, and I saw him find the half crown in the same division where I had put it—I am sure it was the same half crown—on 2nd March the prisoner came again for a 4 lb. loaf—I noticed him when he came in the shop, and told my mother about him—he gave my mother a bad 5a. piece for a loaf; my mother took it up, and passed it to my father—I told my father, in the prisoner's hearing, that he was the same man that came before—the prisoner said he had never been in the shop before—he said he took the 5s. piece for two days' labour at the docks.
HARRIET POLLARD . the elder. On 2nd March my daughter called me; I came in the shop, and saw the prisoner—he asked for a loaf; I served him—he gave me a bad 5s. piece; I gave it to Mr. Pollard, who was coming in at the time.
JAMES POLLARD . On 23rd Feb. I went to my till, and found a counterfeit half crown—my daughter had called my attention to it—After I had it in my possession about four days, I put it on an iron shovel on the fire, and it melted in about a minute—before I melted it, I had ascertained that it was bad—on 2nd March I came in, and saw the prisoner; my wife weighed him a 4 lb. loaf, and I saw him give her a 5s. piece; she passed it to me—I put it in the break, and broke it—I sent for a policeman, gave it to him, and gave the prisoner into custody—I heard my daughter say that he had been there before, that was the ground of my giving him in custody—the prisoner denied that he had ever been in the shop before, and said he had taken the 5s. piece in conjunction with his brother for a day's labour at the docks.
JOHN HARRISON (policeman, K 88). The prisoner was given in my custody—I produce this 5s. piece which I received from Mr. Pollard—there was no other money found on the prisoner; he gave his address at No. 4, Lady Lake's-grove—I inquired there, and no such person was known—it is a house of ill fame.
COURT. Q. You entertain no doubt that the half crown melting away as it did must have been made of this metal? A. No; there would not have been heat enough in the fire to have melted silver.
GUILTY . Aged 19.— Four Years Penal Servitude.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
SAMUEL JARMAN . I produce a certificate of the conviction of Mary Francis, which I got from Mr. Clark's office—(read—"Central Criminal Court, Margaret Carter and Mary Francis convicted, Oct., 1852, of uttering counterfeit coin, and sentenced to six months imprisonment.")
CHARLOTTE GRAHAM . I keep a fruit shop, in Cambridge-street, On 21st Feb. the prisoner came, between 7 and 8 o'clock in the evening—she bought 6d. worth of oranges—she laid down a half crown—I asked my daughter to get change for it—she went out for that purpose, and she brought back two shillings and sixpence—I put the sixpence into my pocket, and gave the prisoner two shillings—my daughter was sent for afterwards, and I went to Mr. Duncomb's shop, and got the half crown back—I put it into a little box—I afterwards gave it to my daughter—she kept it some little time, and then laid it on a shelf in the shop—my daughter gave it to a policeman, in my presence—on 28th Feb. the prisoner came again, and asked for 6d. worth, of eggs—I remembered her, and served her—she laid a half crown on the counter—I took it to Mr. Duncomb, and showed it him—he told me what he thought of it, and I went for a policeman—I gave him the half crown, and gave the prisoner into custody.
Prisoner. I had never been in the shop before. Witness. I am quite sure she is the person.
MARY MARCELLA GRAHAM . I am the daughter of the last witness. On 21st Feb. I remember a woman being in my mother's shop buying oranges—the prisoner is the person, to the best of my knowledge—I received a half crown from my mother—I took it to Mr. Duncomb's, and he gave me change for it—I am sure I gave him the same half crown—I have an idea that the prisoner is the person who was at my mother's when I went and when I returned, but I could not be sworn to it—I had not known her before—I afterwards got a half crown back from Mr. Duncomb, and gave it to my mother—I got it from her again, and kept it in my purse for a day or two—I had one other half crown, a good one, in my purse—this half crown, said to be bad, had a black mark on it, which enabled me to distinguish it—after I had had it in my purse for a day or two, it was put on a shelf—it was then given to my mother—I was there when the prisoner came on the 28th, but I could not, he sworn that she was the same woman I had seen on the 21st.
PETER CHARLES DUNCOMB . I am a chemist The last witness came to me for change for a half crown. I do not remember the date—I gave her change—I afterwards examined the half crown, and tried it with nitric acid, which made a black mark on it—I sent it out by my boy, and he brought back, I believe, the same I had sent out—I recollect Mrs. Graham bringing a half crown on 28th Feb.—it was bad—I tried it, and gave it back to her—this is the first half crown—here is the mark I made on it.
MATTHEW BULLOCK (policeman, C 203). I was called to Mrs. Graham's on 28th Feb.—I found the prisoner there—she was given in charge—this second half crown I received in the shop—I afterwards got this half crown with the black mark at the station—the prisoner gave her address, which was right—there was nothing found on her.
Prisoner. I am perfectly innocent of the first charge; I never was in the shop.
COURT to CHARLOTTE GRAHAM. Q. How long was the prisoner in the shop on the 21st? A. Nearly five minutes; we were talking about the Queen going to the Princess' Theatre the night before—I have no doubt at all about her being the person.
GUILTY . Aged 24.— Four Years Penal Servitude.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
BENJAMIN HARRIS . I live at the Royal Oak, at Poplar, and assist in the business. On 1st March, about 3 o'clock in the afternoon, the prisoner came for 1d. worth of spruce—I served her—she paid me with a sixpence—I was just going out—I placed the sixpence in the till—there was no other sixpence there—I left the bar in charge of my sister.
CATHARINE HOWE HARRIS . I am sister of the last witness. I recollect seeing him serve the prisoner with a pennyworth of spruce on 1st March—my brother went out—I saw the prisoner again in about five minutes after my brother had gone out—she then came for a pennyworth of gin—I served her and she gave me a sixpence; I put it in the till—I observed there was only one sixpence there before that, that made two—I saw the prisoner again in a few minutes, she came for change for a sixpence—I gave her change, and put that sixpence in the till, that made three—I am sure there were only three sixpences there—the prisoner came again in a few minutes, and asked for 2d. worth of brandy, she put down a sixpence—I put it on one side while I served a gentleman with some beer—I then looked, and found it was bad—I received another sixpence from some sailors; that was good—I did not mix that with the other three sixpences—I pot the one that the prisoner gave me by my side and said to her, "You gave me a bad sixpence"—she then gave me a shilling—I said to her, "I believe you have given me some more bad ones"—she said, "I have not, I will go and ask my husband, he gave it me "—she ran out, I sent a person after her—she was brought back by an officer in a few minutes—I gave the officer the three sixpences out of the till—from the time my brother left the bar till I gave the three sixpences to the officer, no one could have gone to the till—they were the only three sixpences that were there when T took them out.
Prisoner. You never returned me the sixpence back again. Witness. Yes, I did.
CHARLES ABBOTT (policeman, K 118). I was in the neighbourhood of the Royal Oak on 1st March—the prisoner was pointed out to me, she was standing counting her money—I took her back to the Royal Oak, and the last witness charged her with uttering three bad sixpences—she said she had not been there at all—I took her to the station—I observed something in her mouth—I took out of her mouth a bad sixpence, and a good one.
Prisoner's Defence I was very much intoxicated; I gave her the sixpence for the brandy, but did not know it was bad; I had not been in the shop before.
JURY to CHARLES ABBOTT. Q. What money was the prisoner counting? A. Some good sixpences and shillings—she had got 6s. 8d. in coppers, and 4d. pieces, sixpences and shillings—she could walk, but she was the worse for liquor.
GUILTY . Aged 28.— Confined Nine Months.
MESSRS. ELLIS and GEARY conducted the Prosecution.
SAMUEL WOOD . I keep a coffee shop at Brentford. On Monday morning 6th March, five or six persons came to my house about twenty minutes before 5 o'clock—the prisoner Harvey was one—they asked for six half pints of coffee, I served them—some more persons came in, and they had some—Harvey paid with a half crown; I was to take sixpence, and I gave him the change; I put the half crown in my waistcoat pocket; I had no other half crown there—I went afterwards with the officer to the White Bear, at Hounslow; I there saw both the prisoners, I knew Harvey in a moment—that was about three miles and a half from where I live—there were twenty-three or twenty-four persons in company.
FRANCES GORTON . I am barmaid at the White Bear, at Hounslow. On 6th March, about twenty-four persons came to the house about 6 o'clock in the morning—Burk came to the bar by himself, and asked for six screws of tobacco—I served him; they came to sixpence—he gave me a sixpence; I put it in the till; there was no other sixpence there—I afterwards took it out again—there was only one sixpence there then—I marked it, and gave it to Irish.
COURT. Q. Did you see Harvey? A. Yes; I saw both the prisoners in the tap room when I went to identify them; but it was Burk who came by himself to ask for the six screws—I saw both the prisoners when they were taken into custody.
JOSEPH IRISH (policeman). I was on duty, in Old Brentford, on 6th March. I saw both the prisoners, about half past 4 o'clock in the morning; in company with about twenty others; they were walking through the street, coming from the direction of town—I afterwards went to Mr. Wood's, and received from him this half crown—he went with me to the White Bear, at Hounslow—I went in the tap room, and found the prisoners there; I sent to the station for assistance—Mr. Wood pointed out Harvey—there were about twenty-five in the party—I apprehended Harvey; I found nothing on him—when I went in the room I said, "I am a policeman; you are all smashers"—I heard something rattle on the floor near to where Burk was standing, and when assistance came in about five minutes, I went and picked up what I heard fall, and I found these two half crowns, and two shillings, and I also found this box of cement—I saw the witness, Gorton; she gave me this sixpence, and pointed out Burk—I saw a great deal of metal picked up in the ashes—I should think there was the metal of seven or eight half crowns—I did not pick it up myself—the other men went away—when I first went in, the two prisoners were sitting next each other—Harvey then got up and went away to a distance.
HARVEY— GUILTY . Aged 28.
BURK— GUILTY . Aged 19.
Confined Six Months.
MESSRS. ELLIS and GEARY conducted the Prosecution.
WILLIAM CORNWALL . I keep the Swan public house, at Sudbury. On the evening of 21st Feb., Smith and Thomas Mara came to my house between 5 and 6 o'clock—Smith called for a pint of beer; I served him, he gave me a shilling; I gave him change, and put the shilling in the till—in a few minutes afterwards, Thomas Mara came to the bar door, as they were going out; he called for a quartern of gin, and gave me a shilling; I put that in the till—there were no other shillings in the till but those two—the two men drank the gin between them, and went out—soon afterwards Sullivan and Ellen Mara came in; they asked for half a quartern of gin—Sullivan gave me a sixpence which was bad; I bent it nearly in two, and gave it her back again—I asked her how many more she had got about her of that sort; she said. "No more"—Ellen Mara paid for the gin with 2 1/2 d. and they went away—a biscuit baker came in. afterwards, and my wife went to the till; she gave me the bad shillings out—I went to the Castle, at Harrow, which is about a mile and three quarters from my house—I found the four prisoners there, and gave them into custody—I gave the shillings to the policeman.
ELIZABETH CORNWALL . I am the wife of the last witness. I recollect on 21st Feb., seeing the two male prisoners—they called for a quartern of gin and peppermint; they went out, and I saw the two female prisoners in a few minutes—Sullivan gave my husband a sixpence; he bent it, and asked her how many more she had—the other woman paid in coppers—I looked in the till in about ten minutes—there were no other shillings in it but these two—I had just changed a half sovereign—I took them out; they were both bad—I gave them to my husband.
JAMES GOLDSMITH . On 21st Feb. I was minding a gentleman's horse outside Mr. Cornwall's house—I saw the two male prisoners come out, and go up the road towards Harrow—the two women then went in, and came out in a short time—they went the same way.
MARGARET SMITH . My husband keeps the Castle public house, at Harrow. On 21st Feb. the prisoner Smith came and asked if I had any rooms—I said, "For how many of you?"—he said, "For four; me and my mate, and our two wives"—he went out and fetched in the other three prisoners—I said they could have lodgings, and they asked the price, and paid me 1s. 4d.—they went in the tap room, and were apprehended there.
JAMES THOMAS COOPER (police sergeant, T 6). On the evening of 21st Feb., in consequence of information I went to the Castle—I saw Mr. Cornwall—I went with him in the tap room—I found the four prisoners there, and told them the charge—I searched Thomas Mara—I found nothing on him—I saw Smith searched by another officer; there was about 5s. in good money found on him, and a knife, and other articles, but no counterfeit coin—we took them to the station—Rogers stopped behind—I received these two shillings from Mr. Cornwall.
Smith. Q. Did not you point out another man in a flannel jacket to the policeman? A. No; I was quite satisfied you was the man.
JOHN ROGERS (policeman, T 278). I went to the Castle, and took my stand close to the female prisoners while the men were being searched—the females quitted the room about a minute after the men, and after they had gone I found a purse where Sullivan's feet had been, with five counterfeit shillings and eight counterfeit sixpences in it.
Sullivan. Q. We were sitting with other persons? A. No; you two were sitting together—there was a partition between you and the other persons there.
WILLIAM WEBSTER . These two shillings uttered by Smith and Thomas Mara are counterfeit—the coins found at Sullivan's feet are counterfeit—two of the sixpences are from one mould, two from another, and four from another—these five shillings are counterfeit, and amongst them is one from the same mould as one of those passed by the men.
Smith's Defence. I get my living by hard work; Mara and I went to look for work; we met the women at Harrow, and told them to come to the public house, and I went and asked for a lodging; I worked for the head Commissioners of the Bank of England at Harrow.
Ellen mara I had no bad money about me; I get my living by hard work; the purse was found on a sack.
SMITH— GUILTY . Aged 24.— Confined Nine Months.
THOMAS MARA— GUILTY . Aged 28.— Confined Six Months.
SULLIVAN— GUILTY .* Aged 28.— Confined Nine Months.
ELLEN MARA— GUILTY . Aged 30.—Recommended to mercy by the Jury.— Confined Six Months.
MESSRS. ELLIS and GEARY conducted the Prosecution.
FREDERICK CRAWSHAW JOHNSON . I live in the Caledonian-road, Islington. On Wednesday evening, 1st March, the prisoner came to my house about 5 or 6 o'clock—he asked for 5s. worth of postage stamps—he put down two counterfeit half crowns on the counter—I took them in my hand, and he took the postage stamps from my hand and ran away—I ran after him, and called, "Stop thief!"—he ran in some new buildings, and was caught by a man—I did not lose sight of him—the man had hold of him—the prisoner had some companions round my shop, who tried to strike me—I sent for a policeman and gave the prisoner in charge—I marked the half crowns with my penknife, and gave them to the policeman—they had not been out of my hand.
Prisoner. Q. Where is the boy that said he saw a person give me the money to get the stamps? A. There were so many I could not see any one—it was you who asked for 5s. worth of postage stamps, and you took them from me.
JOHN RENSHAW . I live in City-grove, City-road. On 1st March I heard a cry of "Stop thief!"—I caught the prisoner, who was running, and took him to the prosecutor's shop in Caledonian-road—when he was in the shop he said, "Had I known the back way into Copenhagen-fields you would not have nailed me.
Prisoner. Copenhagen-fields are a mile from where you took me. Witness. They are not a quarter of a mile.
GUILTY . Aged 19.— Confined Six Months.
MESSRS. ELLIS and GEARY conducted the Prosecution.
ELIZA ELDRIDGE . I keep a stationer's shop in New-road, Hammersmith. On Friday, 24th Feb., the prisoner Mullins came to my shop, and asked for a pennyworth of paper—he gave me a shilling; I gave him a sixpence and five pence—I put the shilling in the till—there was no other shilling there, loose—after Mullins had left, the officer came in, and I gave him the shilling.
Mullins. You put the shilling in a cup. Witness. No, I put it in the till—there were other shillings there, but they were in a paper.
GEORGE MILLAR (police-sergeant, T 46). I was in King-street, Hammer-smith, on 24th Feb.; I saw both the prisoners in company about 11 o'clock—they walked for some time, and separated several times before they got to Mr. Eldridge's shop—Mullins went in—I saw him come out, and go and join Johnson—I went in the shop, and received this shilling from Mrs. Eldridge; I then followed the prisoners up the New-road, towards London, for half a mile—I got the assistance of an officer, and took Johnson—he was walking, but he made a run about five or six yards—when I caught him, I saw his hand go to his mouth—I caught his throat, and we were then both on the ground—I saw him take his hand from his mouth, and drop something—I saw a piece of paper, and took it up; it contained one shilling and two sixpences, all bad—I found on him 1s. 8 1/2 d., in copper, two penny loaves, and a sin all quantity of tobacco—I saw Mullins taken, and saw him drop something, but I could not tell what—I asked the prisoners where they lived, and they said they lived nowhere.
Johnson. Q. When I fell over the heap of bricks, what did you do? A. I pinched you by the throat, and told you to open your mouth, and you did—I first asked you to give me the things—I had not to rake the bricks to find the paper—I do not think I moved a brick.
WILLIAM HENRY ROGERS (police-sergeant, T 13). I came up and assisted the last witness—I took Mullins—a gentleman came up, and picked up a shilling, about half a yard from where Mullins was; he said, "Here is a shilling "—I looked, and saw it was bad—this is it (produced)—I searched Mullins, and found on him a sixpence and a farthing.
Mullins. Q. Did you see me drop any then? A. No; Johnson was at some distance from you.
WILLIM WEBSTER . This shilling uttered by Mullins is bad—these two sixpences are counterfeit, and from one mould—this shilling found on Johnson, and this dropped by Mullins, are both counterfeit, and from the same mould as the one uttered by Mullins.
Johnson's Defence. I met this young man a few minutes before I was taken; I knew nothing about his having bad money.
MULLINS— GUILTY . Aged 19
JOHNSON— GUILTY . Aged 21.
Confined Six Months.
MESSRS. ELLIS and GEARY conducted the Prosecution.
The prisoner came on 27th Feb., and asked for a penny bun—I put the bun on the counter, and she pat down a bad shilling—I told her it was bad, out a piece out of it with a knife, and put it in the till—I did not give her anything for it; she went away—I gave the shilling afterwards to Mr. Walters—I marked it, and know it again—this (produced) is it.
Prisoner. I never was inside the shop; I have not been down Chelsea for a length of time. Witness. I am sure she is the person.
GEORGE COGGER . I am a tobacconist, and live in King's-road, Chelsea On 11th March, the prisoner came a few minutes past 8 o'clock in the evening, she asked for an ounce of tobacco; she offered me a half crown—I tried it in the detector, and found it bad—I asked her who gave it her, and she said her father—I asked where she lived, and she said in Caledonian-place, and I believe, No. 23—she afterwards said that her brother gave it her—she wanted to get half an ounce of tobacco for 1 1/2 d.—I gave her into the policeman's hands.
JOHN MARSHALL (police-sergeant, V 12). On 11th March, I took the prisoner in Mr. Cogger's shop; she said she lived at Caledonian-place—I asked where it was, and she pointed up the road—she said at the station that she lived at No. 67, Oakley-street, Lambeth—when she was at Mr. Cogger's shop, I saw she had something in her hand—I asked what it was she said, "Nothing"—in going to the station I saw her put something in her mouth which she had a difficulty in swallowing—I laid hold of her hand and got some halfpence out—I said, "You have swallowed something" she said, "Yes; I have swallowed a halfpenny, and I should have swallowed the lot if I had had a chance.
COURT. Q. Just recollect what she said; you said before, 19, Oakley-street? A. No; I think it was 67—I went on the Monday to the place she named, and no such person was known—I have ascertained where she does live from some of her friends this morning.
(The prisoner received a good character, and her cousin promised to employ her)
GUILTY . Aged 18.—Recommended to mercy by the Jury.— Confined Two Months.
MESSRS. ELLIS and GEARY conducted the Prosecution.
RICHARD JONES . My father keeps the Union, at Uxbridge. On Tuesday morning, 7th March, the prisoner came about 10 o'clock, and asked for a pint of beer—I served him—it came to 2d.; he owed me 8d. and he gave me a crown piece—I put it in the till, and gave him change—there was no other crown piece in the till—I saw the prisoner again about 2 o'clock—he asked for a pint of beer, and gave me a half crown—I gave him change, and put the half crown in my waistcoat pocket—it remained in my possession till I gave it to the policeman—I looked at the crown which was in the till—I marked it, and gave it to the policeman—these are the two pieces.
THOMAS SMITH (policeman, T 227). I took the prisoner; I told him it was for passing a bad crown and half crown—he said he took it of somebody in the street; he did not know who—on the way to the station he escaped from me, and got about thirty yards before I got him again—I found on him 1s. 6d. in silver, and 3d. in copper, all good—this is the crown and half crown—this was between 2 and 3 o'clock in the afternoon.
Prisoner. Q. Did I not say if I went back I could find the man? A. No; you said you did not know who the man was.
RICHARD WESTON . I am a general dealer at Uxbridge—I know the prisoner, and have dealt with him. On the evening of 6th March, I bought some goods of him, which came to 8s. and a few halfpence—I paid him in good money—the next morning he came to me between 7 and 8 o'clock, and said, did I know what money I paid him; I said, "Yes" he pulled out a bad half crown and said, "Amongst it you gave me this"—I said I was not aware of it, but I thought he was a poor man, I would not let him lose it, I gave him 2s. 6d. for it; this is it.
Prisoner's Defence. On 6th March I sold some goods to Weston; he paid me 8s. and some halfpence; next morning I was dressing myself and a half crown fell on the hearth; I thought it had a very bad ring, and when I was dressed I took it to Mr. Weston, and asked if he knew what money he gave me; he said, "No;" I said, "You gave me this;" he looked at it, and said he thought it was good, but he changed it for me; I went in the street and saw a man, who asked if I had any old clothes, or boots, or shoes to sell; I said I had a few at home; he said he would buy them; he came to my lodging, and I sold him some for 9s. 6d.; he gave me a crown piece, a half crown, and some silver; I went to Mr. Jones's; I owed him 8d.; I called for a pint of beer, and put down the 5s. piece, and the witness's father took it up; I went out, and laid out the change in different goods; I then met a young man I knew; I asked him to have a half pint of beer; I went in, and having no other money, I laid down the half crown; the witness took it, and showed it to his father; he said it was good; he put it in his pocket, and gave me the change; I stopped to drink the beer; I was there twenty minutes, or half an hour; he then called a policeman, who took me for passing bad money; I said it was more than I knew.
GUILTY .* Aged 28.— Confined Nine Months.
THIRD COURT.—Wednesday, April 5th, 1854.
PRESENT—Mr. Ald. KELLY; Mr. RECORDER; Mr. Ald. MOON; and Mr. Ald. SALOMONS.
Before Mr. Recorder and the Seventh Jury.
PLEADED GUILTY .**— Four Years Penal Servitude.
MACARTHY PLEADED GUILTY . Aged 15.
FLEMING PLEADED GUILTY . Aged 16.
PLEADED GUILTY . Aged 22.— Confined Six Months.
PLEADED GUILTY .* Aged 16.— Confined Six Months.
PLEADED GUILTY . Aged 23.— Confined Six Months.
PLEADED GUILTY .** Aged 24.— Confined Twelve Mouths.
PLEADED GUILTY .** and his father promised to send him to sea. Aged 19.— Confined Twelve Months.
492. ELIZA ROULLIER and ELIZABETH WOOLLAMS , stealing 3 pewter pots, value 3s.; the goods of George Clark: also, 1 pewter pot, value 1s. 6d.; the goods of Charles Crane: also, 3 pewter pots, value 3s.; the goods of Benjamin Poole: to all of which
ROULLIER PLEADED GUILTY . Aged 20.
WOOLLAMS PLEADED GUILTY . Aged 18.— Confined Six Months.
493. CATHERINE LYONS , stealing 1 breast pin, I watch and chain, 3 rings, 1 toothpick, 1 purse, 1 ring case, and other goods, value 22l. 2s., and 2l. 2s. 7d. in money, of Ann Lewis, her mistress, in her dwelling house. She PLEADED GUILTY to stealing the watch and money, and was further indicted for stealing 2 gowns, 3 shawls, 1 petticoat, 1 sheet, and 1 purse, value 3l. 16s.; the goods of Peter Byrne, her master: to which she also
PLEADED GUILTY . Aged 18.— Confined Six Months on each Indictment, the second term to commence at the expiration of the first.
PLEADED GUILTY . Aged 39.—Recommended to mercy.— Confined Twelve Months.
MESSRS. BALLANTINE, SLEIGH, and POLAND conducted the Prosecution.
CHARLES WILLIAM COOKSWORTHY HUTTON . I am a partner in the firm of Hutton and Co., of No. 5 and 6, Newgate-street—the prisoners were in our employment—Coombes was our principal packer, and Wells was second packer—in Jan. last we received a bale of Italian tram silk from Messrs. Cortie, of Milan—I have the invoice here—I did not tell Wells the weight of the bale of silk—Wells did not see the invoice.
MR. PARRY. on behalf of the prisoner, objected that the invoice could not be put in evidence, it being the declaration of an adverse party. MR. BALLANTINE did not offer it as evidence of the quantity of silk imported, but to show that upon the silk being weighed, it did not agree with the invoice. The COURT did not think the invoice admissible.)
MR. POLAND. Q. Did Wells assist in unpacking the bale? A. Yes,
on 12th Jan.—it was not his place to state to me what the weight of it was; the head of the department would state any short weight—I did not weigh it, nor did I see it weighed—I cannot tell what the weight of it was—neither of the prisoners stated the weight to me—this silk (produced) is a portion of the same bale—it comes over in single skins, and it is tied up in fifties—Wells was employed to head it up, which is hanging it together in fifties.
EDWARD WRIGHT (a prisoner). I was in Messrs. Hutton's employment; and have pleaded guilty to robbing them (see last Case)—I have been in their employment turned eight years, as a silk skeiner—it was my duty to work on it, but not on the premises at Newgate-street—I had not access to the bulk of silk on the premises; the prisoners had, they were packers—in Jan. I received from Coombes 7 lbs. of silk, such as this produced—I had occasion to go to the warehouse two or three times a week to ask for employment—it was packed in brown paper—Coombes said, "Here is 7 lbs. of silk; we want 10s. per pound for it"—that was him and Wells—Wells handed the silk from the cellar to Coombes, who was within hearing, and he handed it to me—I was to pay them at dinner time in the warehouse, if it was sold—I sold it that night to a man named Beale, who keeps the Black Swan public house, Church-street, Bethnal-green, for 7l.—this was on Saturday; I did not settle for it till the Monday—I think I settled for it to Wells in the warehouse, but am not quite sure—I gave him at the rate of 10s. per pound—I did not pocket 10s. myself—there was an allowance made to the person who sold it for me—he did not actually buy it of me; he obtained me a purchaser, and gave me the money, 7l., and I gave a young man there 3s. and kept the rest myself—about a month after that I received 18 1/2 lbs. of the same silk, wrapped in paper, which weighed 15 ozs.—Coombes told me to meet Wells at dinner time at Westmoreland-buildings, Aldersgate-street—I met him there in the open street, and we went into a coal shed, and weighed the silk with the paper, after which it was delivered to me, and they told me to meet them at 8 o'clock at night at a public house opposite, where it was weighed; I do not know the sign—I took it to a man named Buggies, who received it of me, and sold it in two lots—he brought me 7l. 6s. for the first lot; the weight was short, and they kept back 1s., or it would have been 7l. 7s.—he sold the rest the same afternoon, and paid me for it at the rate of 21s. per pound—he gave me two 5l. notes, and some odd shillings—I took the money home, turned the notes into cash, and went to the public house appointed at 10 minutes past 8 o'clock—I found the prisoners waiting there, and paid them at the rate of 10s. per pound, according to agreement.
Cross-examined by MR. PARRY. Q. When were you apprehended on this charge? A. I was not apprehended on this charge; I have been let off this charge altogether by my late employers—they wished me to disburden my mind—there was a conditional promise made to me, and it was my own wish as well, during the remand which took place that the innocent should not suffer for the guilty—I told the Magistrate that I had offended God Almighty for a long time.
Q. Did you say anything about offending God Almighty until you were apprehended? A. I dare say I have often in private—no dishonest man ever does anything wrong without feeling it—I never did wrong until I yielded to the proposals of these two men, never, and my employers know that—I never pursued anything but an honest, upright course—Mr. Ruggles is a turner on and a weaver in Slater-street—the promise to me was made by
Mr. Hutton, if I would let them know; he said, "I am convinced you never could have done this yourself, and I will be your friend if you will disclose the truth"—he meant that he would recommend me to the merciful consideration of the Court—I have been at Messrs. Hutton's just upon nine years; I was in their service before the prisoners—I used to skein different silk to this, dyed silk—I am charged with stealing gimp—I only saw Mr. Hutton once while I was disburdening my mind—I saw somebody else from Mr. Hutton's, and disburdened my mind to him as well—it was Mr. Sleigh, a partner in the house—he also said it would be better for me to disburden my mind—the name of the publican where I sold the silk is Beale—he took it away out of the house, and sold it—I did not give him anything for selling it—I gave the young man half a crown; no, 3s.,—his name is Arnett—I mean to represent that Mr. Beale sold it for me without any remuneration—I have not known him twelve months personally—I did not tell him I had stolen it, or that I had come honestly by it—I told him I had got a lot to sell, and he laid, "I will take it, and see if I can sell it for you"—he did not know where it came from—he did not know where I lived—he is not a dealer in silk that I know of—he kept it the best part of an hour—I think he went out of the house to sell it—this was on a Saturday night, just after Christmas—the house was open—we were in the parlour—it was past 9 o'clock at night—there were, I think, other persons present.
(The COURT intimated that this witness would require more corroboration than it appeared from MR. BALLANTINE'S opening could be offered; upon which MR. BALLANTINE stated that he would at once withdraw from the Prosecution.)
NOT GUILTY .
MESSRS. BALLANTINE and SLEIGH conducted the Prosecution.
CHARLES WILLIAM COOKSWORTHY HUTTON . The prisoner had been about two years and a half in our employment when this robbery was discovered—prior to Wright being examined before the Magistrate I had an interview with him, and from information I received from him I went to Wells's lodgings, with Harvey, a policeman—Wells was not there; we found a child and two females, one of whom said she was his wife—we did not search much; Harvey looked about a little, and found this hair seating (produced)—it was wrapped up in brown paper behind a couch, in one corner of the room—I then went home, and called Wells into my private counting house, and said, "How could you prove such a rascal after the kindness we have shown you; Wright is in custody, is there any person else that is connected with this matter but Coombes?" he said, "No"—I asked him how the horsehair seating came on his premises—he could see by that that I knew something about it—he said one of the porters must have taken them there, and he hedged about and prevaricated a good deal—I said, "It is quite impossible; you had better tell the truth; did not you take it yourself?" he said, "I did"—all I said was, "You had better tell the truth." (The COURT considered that this amounted to promise to the prisoner, and that therefore his admission must be excluded—See Lloyd's case, 6, Carrington and Payne.)
MR. BALLANTINE. Q. After that, did an officer come in? A. Yes, Harvey; he brought the horsehair seating—I said to him, "He has just
admitted having taken this hair seating"—Wells then said, "No; I did not admit it"—I told Harvey to take him in charge.
Cross-examined by MR. RIBTON. Q. What time of day was this? A. Just before his dinner time; about half past 2 o'clock—there was nobody else in the counting house—I was five or six minutes in the counting house, before I gave him into custody—Wright was in custody; I had seen him that day, at the police station; that was the day he was apprehended—I had a conversation with him at the station; he was in custody, charged with stealing some gimp and chair webbing, which were afterwards found in his bed.
EDWRD WRIGHT . There were two pieces of this horsehair seating remnants—these two pieces (produced) were given to me at the prisoner's house on a Saturday night, I think it was March 5th, packed in a large piece of paper, with five gross of gimp, and one gross of chair web—Coombes told me to go round to Wells, and I went there on the Saturday night; he was there with some goods to sell—he pointed out five gross of gimp, one gross of web, and two remnants of hair cloth—Wells said the hair seating was to fetch 3l., and no less; the gimp, 10s. a gross; and the web, 4s.—I took none on Saturday—I went on the Monday evening to take a portion of them away—I was taken into custody on the Tuesday morning, and I then made a communication to my master on the subject of this horsehair.
Cross-examined. Q. The prisoner lives at a lodging house? A. Yes; he occupies one room on the first floor and a small closet; it is not a room, there is no other room on that floor—I do not know how many more lodgers there are—I have been there more than three or four times previously, when he wished me to call round—when I was apprehended I was selling gimp and web at Mr. Sherwood's, an upholsterer—I had the interview with my master about two hours afterwards.
JOHN HARVEY (police-sergeant, G 14). On 7th March, in consequence of information I received, I went with Mr. Hutton to the prisoner's lodging, 3, Albion-buildings, Aldersgate—we found his wife, in the first floor front room—I looked round, and found two rolls of horsehair seating rolled up in paper, and standing against a chair in the corner of the room; I took it away—Mr. Hutton went in, and I followed him—I afterwards went to Mr. Hutton's counting house with the horsehair, and found the prisoner in the room with Mr. Hutton, who said, "That is the man"—I said to the prisoner, "How do you account for the possession of these two rolls of horsehair seating)" he said he knew nothing about it—Mr. Hutton said, "Why you have just told me that you knew it was there," or words to that effect—the prisoner made no reply—I took him to the station.
Cross-examined. Q. Had he previously denied that he had made any admission? A. I cannot say—he made no reply, to my knowledge, when Mr. Hutton said "You have just admitted it."
MR. BALLANTINE Q. You brought the stuff in yourself? A. Yes, I laid it down on the table—I cannot exactly pledge myself to everything that passed—I do not think he made any reply to Mr. Hutton; if he did I did not hear him.
WILLIAM TRELTY . I am manager of the upholstery department of Messrs. Hutton. On 7th Feb. I purchased a quantity of horsehair seating—one piece contained thirty-three and a half yards, twenty-one inches wide, and the other was the same quantity, and was twenty-two inches wide—when
the prisoner was given into custody I examined our books, and the horsehair seating, in one case, I missed a length of the twenty-one inch, and in another a length of the twenty-two inch—these produced are them; the quantity agrees.
Cross-examined. Q. Coombes was foreman? A. No, head packer; the prisoner acted under him.
MR. BALLANTINE. Q. Did Wells have access to where it was kept! A. He could gain access to it.
GUILTY . Aged 27.— Four Years Penal Servitude.
497. CHARLES COOMBES was again indicted for stealing 1 pair of bracelets, 1 leather wrapper, 1 cigar case, 2 quires of paper, 5 yards of lace, and 4 dinner mats, value 1l. 3s. 9d.; the goods of Charles William Cooksworthy Hutton and another, his masters.
MESSRS. BALLAN TINE and SLEIGH conducted the Prosecution.
JOHN HARVEY (police-sergeant, G 14). I went to the prisoner's lodgings, in Wells-street, Jewin-street, in March last, with Mollineaux, another officer—the prisoner opened the door, and was immediately given into custody of Mollineaux—I went into the back parlour, which is a bedroom—his wife was in bed; it was about 7 o'clock in the morning—I made a search, and found in a box in the bedroom nineteen sovereigns, one half sovereign, two bracelets, and a gold ring (produced)—I found a quantity of tissue and brown paper in different parts of the room—this is some of it (produced)—in the front room I found this cigar case, these three dinner mats, some silk fringe, some gimp, a piece of lace, a leather wrapper, and other articles (produced)—I asked the prisoner how he accounted for the cigar case—he said he bought it two years ago—I have retained it ever since—three or four days afterwards I went with a person named Lee-worthy, in consequence of information I received from him, to the house of the prisoner's mother, No. 4, Radcliff gardens—it was after he was committed for trial—I found in the kitchen some wrappering and some paper (produced.)
Cross-examined by MR. PARRY. Q. Where did you find the dinner mate? A. On the drawers, in the front room, the sitting room; they were distributed in three different places, and articles were standing on each of them—the other mat was on the same drawers—the lace is "in five or six pieces; it may be for garters—some of the property was on the floor—this blue paper was at the bottom of a box, and this other paper on the floor—these bracelets were in a box in the bedroom, with some wearing apparel—I do not think the prisoner said anything about his wife using paper of this kind in her work, but he was in the custody of another officer while I was searching the room—I found all these articles on 7th March—he was not taken into custody till the 10th—Mr. Hutton was with me on the 7th, but he did not think proper to charge him then—these articles might easily have been removed between the 7th and 10th—when the prisoner heard on the 7th that Wright was in custody, he said "Wright is a villain, and I am innocent"—I had not told him what Wright had said—Wright had been in custody about five or six hours—I asked the prisoner if he would allow his master to look over the premises, and he said "Certainly"—I do not recollect his showing me his marriage certificate—I believe he said his wife was a waistcoat maker—I am told that she has been confined since this—I saw a savings' bank book; it is here.
MR. SLEIGH. Q. On the first occasion, while you were looking over the
room, did you see the prisoner do anything which attracted your attention? A. While I was searching him I heard a rustling noise against the hand basin—I asked him what he was doing—he said "Nothing"—I looked in the basin, and found, in a piece of paper, eighteen sovereigns, and one half sovereign—I asked him why he did that—he said, "I wanted my wife to have it."
MR. PARRY. Q. That was on the 7th? A. Yes, and between the 7th and the 10th the sovereigns had increased one sovereign more.
FRANCIS SLATER . I am foreman of the trimming department. This piece of leather wrapping is the property of my employers—we missed one of this description; I have no doubt of this being it—I have been in the habit of purchasing tissue paper for my employers for some years—I have bought paper of this description precisely like this; we have missed some, and I believe this to be the property of my employers—it is only used in one part of the house, the upholstery and trimming department—I have purchased similar dinner mats to these for the prosecutors, but I have not missed any, as I have left that department these two or three years; but to the best of my belief they are my employers'; they are of foreign manufacture—it was the duty of Coombes and Wells to take care of the paper—I purchased paper, and handed it to them; they kept the key, and whoever wanted paper had to ask one of them—here is a quire and a half of it.
Cross-examined. Q. Where did you buy the tissue paper? A. At Sanders's, the paper maker's, in Budge-row—these mats are imported from some part of Germany—we have sixty or seventy persons employed, and there were two packers, Coombes and Wells; the others are porters, clerks, and warehousemen; they are there every day—I am a buyer in the trimming department—there are nine travellers.
THOMAS BIRD . I am a shopman, in the prosecutors' employment. It is my duty to take care of the lace—I know this piece of lace produced; here is my mark on it in figures and letters, by which I know it to be my employers'—here are between five and six yards of it.
Cross-examined. Q. What do you call it? A. Orris lace; we sell it wholesale and retail, and have a great number of customers.
MR. SLEIGH. Q. Should you have sold a piece of lace with the mark on it? A. Yes; I have sold a good many pieces—this is faded, and was only kept for patterns for our window.
COURT. Q. Do you keep these in stock as patterns when they are in this faded state? A. Yes; it is a very good gold colour, but the outside is faded to amber.
WILLIAM BRETTEN . I am manager of the upholstery department. This paper would be in the custody of Wells and Coombes—I have examined it, and believe it to be the property of my employers; I have no doubt of it—we divide the quires in half, and string them up by the corners; and in a portion of this I find holes similar to what we make; it would be taken away a sheet at a time, torn away from the string—this does not bear evidence of having been torn—some weeks before the robbery was discovered, I required a large portion of this paper, and sent a boy to Coombes and Wells, who returned with the answer that it had all been used; I was quite certain that it had not, and went to them; they each said, more than once, that it had all been used—these mats are such as I have purchased.
Cross-examined. Q. In what numbers do you purchase them? A. In dozens and grosses; but we never had but a dozen like this—I used to send a boy for tissue paper, it might be twice a week; no one else in the house
used it; it was not the custom—it is used for wrapping up some silk ornaments, which are made in my department alone—it was bought under my directions for me—I have nothing to do with the trimming department, and it is not used there—here is a hole where a large packing-needle has been run through it—the hole is not made necessarily after it comes into my department, it might be done in the basement—it is done after it comes from Wells and Coombes.
MR. BALLANTINE. Q. Had you spoken to Coombes on the subject of the paper when you procured it? A. Yes; when the ream came in I went to Coombes and Wells, and told them that it was not to be given out to any department but mine, as it was a very expensive paper.
WILLIAM JAMES . I am manager of the silk and jewellery department These bracelets produced are such as we have in stock; I buy such goods at Birmingham for my employers, and believe these to be theirs, as also this cigar case—there is printed German paper in the lining of it; that is in it when it comes from Germany—we had some samples of this description in October last, and when we came to mark off the goods we missed them—they were sent to us from Berlin.
Cross-examined. Q. Did you order a large quantity of these cases? A. No, we did not order them, but we missed one or two of the samples on marking off the invoice—there are three persons and a lad in my department—these things are unpacked in the receiving room, and before they go to the various departments they necessarily lay open, waiting for my convenience to inspect them—they laid there some hours, and when we went to mark them off we found two or three deficient—many persons pass to and fro in that department—these bracelets are purchased at Birmingham; they are gold plated, and are worth 4s. 6d. or 5s.—we buy a dozen pairs at a time, and probably from a manufacturer who supplies a great many persons besides us—this is not a very common cigar case; we do not sell them to tobacconists; we sell them to Berlin repositories, and fancy shops—I dare say some hundreds or thousands come over in the course of a year.
MR. BALLANTINE. Q. You assume from the invoice that some are missing? A. Yes; I know it to be a fact—they were missing before they came out of the receiving room into my hands—at certain times of the day Coombes has charge of the receiving room; and to the best of my belief the goods came in about the time he was there—I was not present.
CHARLES WILLIAM COOKSWORTHY HUTTON . We had a consignment of cigar cases from Berlin; that was the first consignment we ever had; it was quite an extraordinary thing—this case was missed in Oct; it is lined with part of a Berlin newspaper, which I know, because it contains a Berlin advertisement (reading it).
MR. PARRY called
WILLIAM CHALK . I am a town traveller, of No. 11, Fore-street, Cripple-gate. I have known the prisoner eighteen years; during the whole of that tune he has borne the character of an honest, honourable man—about nine months ago I sold him a cigar case just like this.
COURT. Q. What is your business? A. I am traveller to Bridge and Co., of the India rubber trade—I purchased the cigar case I sold to the prisoner of Henry Kipling, of Noble-street; I purchased several, and have three embroidered ones left now—I kept a fancy repository shop at the time—they were consigned from Germany.
(The prisoner received a good character.)
NOT GUILTY .
OLD COURT.—Thursday, April 6th, 1854.
PRESENT—Mr. Baron MARTIN; Mr. Ald. FARNCOMB; Mr. Ald CARTER; and Mr. Ald. MUGGERIDGE.
Before Mr. Baron Martin and the Fourth Jury.
PLEADED GUILTY . Aged 34.— Confined Twelve Months.
499. WILLIAM SUMMERS , feloniously forging and uttering a receipt for 1l. 12s. 1d: also, stealing 1 watch, value 10l.; the goods of Rudolph Schramm, in his dwelling-house: also, stealing 5 spoons, and 1 butter knife, 30s.; the goods of Joseph Benson Woolmer: also, unlawfully obtaining an order for 8l., of Mary Down, by false pretences; having been before convicted of felony: to all of which he
PLEADED GUILTY . Aged 26.— Transported for Life.
500. HENRY FREEMAN , burglariously breaking and entering the dwelling-house of Henry George Langton, and stealing 1 pair of trowsers, and other articles, his goods: also, burglariously breaking and entering the dwelling-house of James Foster Styring, with intent to steal: to both of which he
PLEADED GUILTY . Aged 27.— Confined Twelve Months.
HARDING PLEADED GUILTY . Aged 18.
ALLEN PLEADED GUILTY . Aged 18.
Confined Twelve Months.
MR. RYLAND conducted the Prosecution.
MARIA HENNAN . I am the prisoner's mother. I knew his wife from the time they were married—on Friday, 17th March, he and his wife passed the evening at my house—they, had been married thirteen years—I have seen a good deal of them all that time—they were a very happy couple, and very affectionate—they left my house between 10 and 11 o'clock on the Friday night—they drank tea and supped there—they seemed on their usual affectionate terms, and left to go home—the prisoner took some porter; he had half a class, and then drank out of the mug rather hard—some six years ago he was under a physician at St. Bartholomew's Hospital for his head—he was quite incapable of work, and childish, almost like an idiot—for the last two or three months before this happened, I observed him particularly; we have all been terrified by his manner and the look of his eyes—his wife had had no rest for a month—he made curious faces, and had a wild look; I was frightened of him, and had been for some time—it was our wish that he should be placed somewhere, but his wife could not bear to part with him, she was so fond of him—this is the fourth time that he has been in this way—I saw him on the Saturday morning this happened—I was just out of bed, and some one brought him into my room, somewhere about 9 o'clock—he was dressed; his clothes were wringing wet; he had been in the water—I pulled off his clothes, and he got into my bed—he
looked very wild—he did not appear to me to be in his senses—shortly after that Brannan came and took him into custody—he has never been right since he underwent a serious operation, under Dr. Salmon—that has nothing to do with his head—when he was a boy he had an accident to his head; he was then about seven years old; he fell down, and the back of his head was cut against a sharp tool—it was a serious injury; he was covered with blood, and put to bed—he has been very curious on and off ever since.
SUSANNAH TUCKER . I am landlady of the house No. 39, Waterloo-street, where the prisoner and his wife lodged—I have known them since they lodged with me five years—they have been an affectionate couple, for all that I ever heard—I remember their being out on the Friday evening, at their mother's—they had a key to let themselves in—I did not hear them come home that night—I cannot say whether they slept at home that night—I did not see or hear them—I was down on the Saturday morning just before the clock struck 6—I saw the prisoner that morning about a quarter past 8 o'clock; he was then going out—I did not observe his appearance, for I only said, "Mr. Hennan, how do you find yourself this morning?" because he had been complaining of being ill a long time—he said, "Very bad, very bad indeed"—he seemed to be bad—he went out, and I saw no more of him.
COURT. Q. I believe you never heard any disputes or quarrels between them? A. Never, all the time they were in the house.
JAMES DOUBLDAY . I am a surgeon. I was called to No. 39, Waterloo-street—I got there a few minutes past 9 o'clock—I found the body of the deceased on the bed, covered over with clothes—she was lying on the right side, with the head on the pillow, in a recumbent position, just as she would be lying when she was asleep—she was in her night drew—there was a frightful wound in the head; the skull was completely battered in on the left side—it was sufficient to cause instantaneous death—it had been effected with some heavy instrument—I found a hatchet in the room, which would inflict such a wound—she could not have done it herself—there was blood upon the hatchet—there was also a deep wound on the neck, which had dislocated the neck—either wound was sufficient to cause instantaneous death.
Cross-examined by MR. SLEIGH. Q. I believe, about a month previously, you were consulted by this man, in consequence of some affection of the head? A. He was brought to me, about a month previously, to sign a paper for him, to have relief; 1 did not attend him at the time—I examined him, and found that he was labouring under a depressed state of mind, and I gave a certificate for him to have relief, but I did not imagine that he was insane at the time—his wife stated, in his presence, that he had spoken now and then of making away with himself, but she did not say that she was afraid of his doing so—he said he had felt himself tempted to do so.
MR. RYLAND. Q. Is that your certificate (producing a paper) of his state of mind on 24th Feb.? A. It is.
WILLIAM BRYANT . I am the prisoner's brother-in-law. On this Saturday morning, about 10 minutes to 9 o'clock, I and my wife were out, and met the prisoner—I did not know him at first, he appeared so altered, being so wet, and he was making such grimaces; it was impossible for any one to know him; he looked as if he had been in the water—I stopped him, and said, "George, where have you been?"—he began to dance, and made some grimaces at me, and at first he could not answer, but at last he said, "I have been in the water," and I think he said, "in the Thames."
COURT. Q. Did he appear to you to have all the appearance of a man that was out of his mind? A. Yes; I took him to his mother's house, and he was put to bed there.
MR. RYLAND. Q. Had you noticed him a few weeks before this time? A. He appeared very bad a few weeks before, and was still worse this morning.
(MR. BARON MARTIN thought, upon this evidence, the Jury must be satisfied that the prisoner was of unsound mind at the time; and if so, it was unnecessary to proceed further.)
The JURY found the prisoner
NOT GUILTY, on the ground of Insanity. He was ordered to be detained during Her Majesty's pleasure.
JOHN SEYMOUR . I am a marble polisher, and work at Mr. Hartley's works, in Holy well-street. The prisoner and Faulkner worked there also—on 14th March we left work together—when we got outside, Faulkner pushed the prisoner—the prisoner said if he did it again he would run a b—knife through him—Faulkner did it again, and went to try to take the knife away from him, and while he was doing so the prisoner plunged the knife into Faulkner's belly—he hallooed out, "I am stabbed!"—he was taken to a surgeon's—I laid hold of the prisoner, and another boy, Porcus, took the knife out of his hand—I saw him do so—I saw the knife drawn away from the body of Faulkner—the prisoner said, "I have not stabbed him"—he held the knife in his hand, open, and Porous took it out of his hand while I had hold of him.
Cross-examined by MR. HORRY. Q. I believe Faulkner bears rather a quarrelsome character among you, does he not? A. At times he does; he does not go by the name of the Slasher; I never heard that—I saw him pushed—there are about sixty or seventy of us employed there, but there were not many outside the gates at this time—they had not been quarrelling in the workroom before this—the prisoner had made game of Faulkner.
JOHN PORCUS . I work at these marble works. On the night of 14th March I came away with Faulkner and the prisoner, at 7 o'clock—as we were coming outside the gates, the boy Faulkner shove the prisoner—the prisoner said, "If you shove me again I will run this knife into you"—Faulkner shoved him twice, and he got to him on to the pavement, and ran the knife into his belly—he then pulled the knife out—I said, "You have stabbed him!"—he said, "I have not"—I said, "Let me look at the knife," and he let me look at it—Seymour laid hold of him, and I took the knife out of his hand, and gave it to the policeman.
Cross-examined. Q. They had been squabbling in the room before, had they not? A. Yes; after they came out, Faulkner pushed him twice on the back—I saw him put his arm round the prisoners neck as if he was going to hit him, and it was then that the prisoner stabbed him—before they came out of the work room there was some dispute between Faulkner and another boy, about getting the work done—Faulkner said he would give the prisoner something when he got him out—Faulkner began it—he pushed the prisoner several times, and had his arm round his neck at the time this happened.
—he had a wound in the lower part of his belly, his intestines were protruding—he was supporting them in his hand—he is now recovering—he will recover; I expect that he will be quite well.
MICHAL HANNAN (examined by MR. HORRY). Faulkner and I tried which would get our work done first, we had no words; I got done first—the prisoner chaffed Faulkner about it, and Faulkner said he would give him something when he got out—I went out by the side of Faulkner—I saw the prisoner walk into the road away from Faulkner—Faulkner followed him into the road and pushed him—the prisoner said, "Don't do that"—he pushed him a second time with both hands, and then the prisoner pulled out the knife—Faulkner threw a coat that he had on his arm to another boy and went to the prisoner, stooped down and hit him in the ribs—the prisoner said, "If you do that I will run this knife into you"—he walked back on to the pavement—Faulkner went up to him and put his arm round his neck, and tried to get the knife away—I saw him pull his head down, and it was then that the stabbing took place.
(The prisoner received a good character.)
GUILTY of unlawfully wounding. Aged 17.— Confined Eighteen Months.
JOHN WILLIAM MADDOX . I am a linendraper, in Holborn. On the evening of 9th March, I locked up the shop secure in every way from 10 to half past 10 o'clock; I live in the house—on going down in the morning, I found that the shop had been broken open by the glass being removed from a skylight at the back; I found a quantity of, shawls, handkerchiefs, and hosiery taken away, worth nearly 40l.—a rope had been fastened to a bar in the skylight, and the party committing the robbery had let himself down by the rope into the shop; none of the articles have been recovered.
MARIA PALMER . I am in service, at No. 174, High Holborn, nearly opposite Mr. Maddox's house. On the morning of 10th March, about 6 o'clock I was opening the parlour shutters on the first floor, and saw two young women walking from Museum-street down Holborn—I saw the prisoner open the door of Mr. Maddox's shop and look up and down the street, the two females then walked by him, and each of them took a bundle from him—he handed one bundle to one, and one to the other as they walked by the shop door, and they walked on; he then came out with a third bundle under his arm, and walked after them—I am quite sure the prisoner is the person—I had never seen him before—I thought nothing of this till about an hour afterwards, when I heard of the robbery.
JAMES COFFEE (policeman, E 31). In consequence of information I apprehended the prisoner on 12th March, and took him to the station—there were several other men there with him—the witness, Palmer, was brought into the place, and I asked her to look round and see if she could point out the man who she saw come out of the shop door, and she pointed to the prisoner out of eight persons; she did not do so directly—she looked round for about a minute or perhaps two minutes, and then pointed him out.
Prisoner. If I had done the robbery I should have had some money upon me, but I had none. Witness. He only had 5d. worth of halfpence, and two coins.
Prisoner's Defence. I am quite innocent of it, it is a mistake in the party.
JURY to MARIA PALMER. Q. Did you see the man from inside the glass or from the open window? A. Through the glass; the street lamps were put out, it was daylight—I had a distinct view of his features.
NOT GUILTY .
FRANCIS SQUIRS . I am a general dealer, living in Peter-street, West-minster. On 13th March, between 3 and 4 o'clock, the prisoner came to the shop, and said he had got an order for me—I asked him who it was from—he said it was from Mr. Curley; this is it (read: "March 13th, 1854.—Mr. Squires, please to let this man have 1 lb. weight sugar, 2 or tea, 1/4 lb. butter, 1 oz. tobacco, and put it to my account. Michael Curley.")—I asked him where he saw Curley, he told me in Poland-street; I asked him who the things were for—he said for a friend of Ourley's, who was in the hospital; I then delivered him the goods and he went away with them.
MICHAEL CURLEY . I live in Pulteney-place. I have seen the prisoner several times—I never sent him to Mr. Squires for any goods—I never gave him this paper to take there or anywhere else, it is not my hand-writing.
Prisoner. When I met you in Poland-street, and I asked you might I get the things, you gave me permission to go and get them. Witness. Never; I never recollect meeting you in Poland-street at any time—I am quite certain I never gave you the order, or authorized you to write it.
CHARLES KING (policeman, C 39). I took the prisoner into custody, on 15th March—I showed him this paper—he denied all knowledge of it—he denied even knowing the shop of Mr. Squires at all, and said he had never been there.
Prisoner. I hope you will have mercy upon me.
GUILTY . Aged 29.— Confined Nine Months.
WILLIAM DAVIS . I live in Aldersgate-street. On Wednesday, 29th March, I was coming up Aldersgate-street, and near Palm-street I saw a crowd—as I was trying to get by the crowd, I heard my watch go click—I immediately perceived the guard of my watch hanging without the watch—the prisoner Kelly was close to me, and I saw him with the watch in his hand, and pass it immediately away, so quickly that I had no chance what-ever of recovering it, and I immediately secured him; Donovan immediately began to endeavour to rescue him from me, saying, "That is not him, you have the wrong one"—I said, "I will keep possession of him at all events," and then a struggle commenced with the other parties—Donovan took part in the struggle—I struggled with Kelly down Aldersgate-street, thinking that a police officer would come up, and I got him into the middle of the street, when he cut my left eye open, and struck me a violent blow on the forehead, when the other part of the gang gave me another black eye, and cut my nose and mouth open—I bled profusely; they then jumped upon my left arm, by which I held Kelly, forced me to the ground, and then jumped upon me, and kicked me while I was upon the ground—it is impossible for me to calculate exactly how many of them there were; but I should think
somewhere towards fifteen belonging to the gang—Donovan took an active part, he was the first to lead on the others; but I cannot swear to his striking me—I never got back my watch.
Cross-examined by MR. O'BRIEN Q. Had you ever seen Donovan before? A. No.
Kelly. Q. Did you see me take the watch? A. I did not see you snatch it from the guard, but I heard the click, and saw it in your hand; it was so instantaneous that you had not time to pass it away without my seeing it; I cannot say that you passed it to any one, but you passed it away—had I seen it passed to any one I should have secured the person who had the watch.
JURY. Q. While you saw him passing the watch, did you see it sufficiently well to know it was yours while it was in his hand? A. That I could not swear; but I had that instant lost my own, and I felt every confidence that it was mine.
JOHN CHARLES . I live in Bull-yard, Palm-street. I recollect seeing Mr. Davis in Aldersgate-street on this day—I know Kelly by sight—I saw him that day among the mob, standing by the side of Mr. Davis—I did not see him take the watch, but I saw him throw it down behind him—another man, who was among them, picked it up—Mr. Davis turned round and was going to run after him; he held the watch behind him—Mr. Davis took hold of him, and took him to Aldersgate-street—he wanted to go to Old-street station—Mr. Davis would not take him there; about half a dozen of them came and fell upon Mr. Davis's arm—I could not swear who struck him—I ran after the officer—I did not see Donovan there.
Cross-examined. Q. Did you know Donovan before? A. I have seen him before.
Kelly. Q. Did you see me throw the watch down? A. Yes; behind you; I saw a man, taller than yourself, pick it up.
DAVID JONES . I keep a coffee shop, in Fleet-lane. I saw Mr. Davis that day, just after he was robbed; there was a crowd of persons—he had hold of Kelly, and dragged him—Mr. Davis said, "You are the one that robbed me?—some of the parties with him said, "No, he is not the one;" he said, "But he is the one, I swear, and I will keep hold of him till I see an officer;" he got him from the pavement into the middle of the street—Kelly there began to lay hold of his collar, and to strike him in the face with his other hand; his comrades then came right round, and no one could touch them—in the struggle Mr. Davis fell down, and Kelly went away from him, but I called out to stop him; and as he went to the corner of Carthusian-street I laid hold of him—I never lost sight of him—I did not see Donovan in the crowd.
HENRY JOHN TEAGUE (City police-lnspector). I was in Aldersgate-street about 4 o'clock on this afternoon, and saw the crowd, and heard a cry of "Stop thief!" and took Kelly into custody—I found no watch on him; a watch glass was afterwards brought to me at the station from where this happened—I afterwards took Donovan into custody.
Kelly's Defence. I was in a street, I do not know the name of it; there was a foolish man with a stick in his hand, and a mob of people round him, of all sorts; I was among them; he was hitting everybody he could reach on the head, and all the people were running away from him; he came up towards me, and the prosecutor came and took hold of me, and said, "Come
along with me?" I said, "What for, I have not done anything?" I had done nothing, and did not know what it was for, and I turned round and struck him.
KELLY— GUILTY . Aged 19.— Four Years Penal Servitude.
DONOVAN— NOT GUILTY .
THOMAS CHICK . I am an upholsterer, of Mount-row, Islington. The prisoner applied to me some time ago for the loan of some money; the first application must have been, I should imagine, about 20th March; it may have been a day or two earlier—I told him I was willing to advance him some money, provided he gave me a security—he said he thought a bill would be the best security, and I said I thought so too—I said I should be satisfied if his father-in-law, or brother-n-law would be security—he said his brother-in-law would do so—he afterwards brought me this bill, and I thereupon gave him the 5l.—(The bill was here read, it was for 5l., dated April 1, 1854, and purported to be drawn and endorsed by S. Clark).
Cross-examined by MR. SLEIGHG. Q. The prisoner was in your employment, was he not? A. Occasionally, to post my accounts, and make out bills for me—I should say he has been so employed rather over two years—he did not at first ask me to lend him the 5l. without requiring him to apply to his relations—he did not say he hoped I would trust him to that amount, and that I could keep back his earnings until it was repaid—when I said I should be satisfied with his father-in-law, or brother-in-law's security, he said, "I suppose you would not be satisfied with my own security," and I said, "No"—he first asked me to lend him 5l., without suggesting that any person should become security for him; and I said I would let him have it, if his father or brother-in-law would see that I had it back again—it was two or three days after that he brought me the bill—he told me the following day that he had seen his brother-in-law—he did not ask me whether the bill should be in the shape of a promissory note, or a bill of exchange—it was not arranged that I should retain his earnings until the amount of the bill was liquidated.
GUILTY . Aged 34.— Confined Fifteen Months.
MR. CLARKSON conducted, the Prosecution.
NATHAN JARVIS . I am a constable of the London and North Western Railway Company. I was on the line, near Primrose-hill, between 5 and 6 o'clock on Saturday evening, 26th Feb., at the mouth of the Primrose-hill Tunnel—I saw the prisoner there nearly the whole of the afternoon—about 200 hundred yards from where I am stationed I saw him get on the line at five minutes past 5 o'clock—I called out to him, and he went off the line—the 5 o'clock express came down a few minutes afterwards; as soon as that had passed and entered the tunnel, he came on to the line again; and about a quarter or twenty minutes past 5 o'clock, I saw him placing bricks on the line—as I knew that the quarter past 5 o'clock express was coming out directly, I ran up the line and caught him as he was getting up the wall to get away—I pulled him back across the line,
and made him knock some of the bricks off, and I knocked some off myself—they were on the rail—there were two bricks on the down main line, three on the up main line, and three on the goods down line; one of them just in at the end of the point—before we had got them off the down express was coming; it came past in a moment—it was coming through the arch of the Camden station, at the time I had hold of the prisoner: there was an up train coming through the tunnel at the time—it was about two minutes' distance from the spot where he put the bricks, and there was a down engine coming down the points to get behind a cattle train, on the goods line—the brick on the goods line was placed between the points, so that they could not close, the consequence of which would have been that the engine would have been thrown on to the up main line, and there would have necessarily been a collision, as the engine would have been thrown in front of the train that was coming up—I saw passengers in the carriages.
JURY. Q. Were the bricks placed one on the other, or side by side? A. About a foot apart; one on one rail, and one on the other.
Cross-examined by MR. SLEIGH. Q. When you say on the rail, do you mean that one brick was on one side of the rail, and the other brick on the other? A. Yes; they were on the top of the iron rail—the prisoner had been sitting down very quietly for nearly three hours against the mouth of the tunnel, looking at the trains—I had never seen him before—he told me he intended to take the bricks off again.
GUILTY . Aged 14.—(The prisoner's father entered into his recognizance, that the boy should appear and receive judgment when called upon.)
MARY ANN LUNN . I am the wife of Edward Lunn, and keep a marine store shop, at 37, Barnes'-street, Lisson Grove. On 29th March, I was in the shop—the prisoners passed by—in consequence of what my sister told me. I went out and went up to the prisoners; they were sitting on a window sill, five doors from my house—I said to one of them, "You have stolen something from my place"—she said, "No"—I did not feel satisfied, and put my hand under her shawl, and took a pair of brass curtain bands from under it—they then each of them struck me, and one of them said, "Now let us have her b——earrings;" and one tore one out of one ear, and the other out of the other ear—only one of them succeeded in getting it, which she took away; the other lodged in the net of my hair—one was afterwards found on the ground by a little girl.
MARGARET LUNN . I was with Mrs. Lunn in the shop on this night—a little girl came in and said some one had taken something off the stall—I went out with my sister and followed the prisoners—they were sitting on a window sill, about five doors down—my sister said, "You have taken something of mine"—they hesitated a moment, and then said they had not—she said, "I feel confident that you have," and with that they made no more to do, but one on one side and one on the other took the earrings out of her ears—one succeeded in getting it, the other did not—her ears were very sore for some days after.
JOSEPH COX (policeman, D 269). I was on duty in the Edgeware-road on the night of 29th Jan.—I saw Norman in custody of a Mr. Edmunds—I went after Fitzgerald and apprehended her—as we were going down Burn-street, she said, "I am innocent; don't you be hard with me, and I will make it right with you afterwards"—when we were about half way down Burn-street she attempted to pass the earring to a boy near her, but it dropped on the ground—the boy got away by means of the crowd—we had a great deal of trouble in taking the prisoners to the station.
(They were further charged with having been before convicted.)
JOHN DAFTERS (policeman, A 346). I produce a certificate of the prisoners' conviction—(this certified that Susan Norman and Sarah Fitzgerald were convicted at the Middlesex Sessions in May, 1853, of larceny, and sentenced to Six Months imprisonment)—the prisoners are the persons.
NORMAN— GUILTY . Aged 22.
FITZGERALD— GUILTY Aged 17.
Confined Twelve Months.
ROBERT ROBSON . I belong to the British Queen—she was in the Surrey Canal on 3rd April—I was going along the highway that night, and met the prisoner Coffee—I knew nothing of her before—she took hold of my arm, and got talking a little bit, and we went to a house—the prisoners were both there—they told me I had no money, and they got hold of me and pulled all my clothes off, and as they took them off they held them up and shook them before my face, saying, "There, you old b——, what do you think of that?"—I made the best of my way out, and got the assistance of a policeman—he afterwards showed me a pair of trowsers—they were the same that the prisoners had taken from me.
Coffee. He said if I would stay with him he would give me his trowsers to pawn, as he had no money, and this woman went and pawned them Witness. I did not give her my trowsers to pawn; they stripped me by main force of all my things.
WILLIAM COLEMAN (policeman). I saw the prosecutor standing in Bluegate-fields with nothing on but his drawers and a blue Guernsey—he made a complaint to me, and I went with him to a house in Bluegate-fields—I there found Craven—she said it was not her, it was the old woman—I said, "Where is the old woman?"—she said, "She is over at the public house"—I went there and took Coffee—she said it was not her, she never saw the old b———I took them into custody—they did all they could to get away from me; they bit me about my legs and hands, and laid down and kicked and swore—Craven said she would bite my b——hand off—the prosecutor was sober—the female searcher gave me four duplicates, one of which related to a pair of trowsers that I got from the pawnbroker's.
Coffee's Defence. He gave the trowsers to the other woman to pawn; it was not this woman; I was drunk, and don't know who it was.
Craven's Defence. I had nothing at all to do with it; I never saw the man till the policeman brought him to me.
COFFEE— GUILTY . Aged 35.
CRAVEN— GUILTY . Aged 22.— Confined Three Months.
511. JOHN RAGAN , burglariously breaking and entering the dwelling house of Geursham Mills, at Stepney, on 21st March, and stealing 1 brooch, 2 eardrops, 1 medal, and 3 copper coins; his property, having been before convicted: to which he
PLEADED GUILTY .— Confined Nine Months.
NEW COURT.—Thursday, April 6th, 1854.
PRESENT—Mr. Justice CROWDER; Mr. Ald. SALOMONS; Mr. Ald. CUBITT; and Mr. Ald. MUGGERIDGE.
Before Mr. Justice Crowder and the Fifth Jury.
MESSRS. BODKIN and POLAND conducted the Prosecution.
HANNAH M'CARTHY . I am in the service of Mr. Gibbs, who sells coals, in Turk's-row, Chelsea. On Saturday, 4th March, a person named Modley came, and in consequence of what he said a cwt. of coals were to be taken to No. 2, York-terrace, and the change for a half sovereign—the coals came to 1s. 5d.—I took 8s. 7d. change, and the coals—when I got there I saw the prisoner in the garden, in front of the house—he walked from the house, as if he came out of the door, but the door was shut—he took one half cwt. of coals out of the truck, and gave me the half sovereign—I did not give him the change; seeing the house door shut I had suspicion, and I said I had not brought the change, I would run back for it—I took the half sovereign, and showed it to my master, who is an aged person—it was not out of my sight while I showed it him—he said it was bad—I did not return to No. 2, York-terrace, but I gave information to a man, and told him to go—I kept the half sovereign in my hand, and afterwards gave it to the constable—I did not see the prisoner again that night; I saw him at the police station, at Rochester-row, on the 8th—I am sure he is the same person—this is the half sovereign (produced.)
Prisoner. Q. What reason have you for thinking it was me? A. You did not order the coals, but you gave me the half sovereign—I am quite certain it was you.
JOHN ENGLISH . I am a butcher, residing at Chelsea. On 8th March the prisoner came to my shop, between 2 and 3 o'clock—he asked for a pound of 7d. beef steaks—I cut him a pound and ten ounces—it came to 10d.—I said, "I have cut you more than you asked for; if you don't want it I will take it off"—he hesitated a moment, and said "That will do, Sir"—he polled out a 5s. piece, and tendered it to me—I took it out of his hand, and saw immediately that it was bad—I said, "Of course you are aware that this is a bad one"—he said, "No, I am not"—I said, "Have you got any more?"—he said, "No, Sir"—I said, "Have you got any good money?"—he said, "No, I have not a farthing about me"—I said, "Where did you get this from?"—he said, "I picked it up"—I inquired of him where, and he said, "In coming from Fulham, about three quarters of an hour ago"—that did not satisfy me, and I gave him in custody, and gave the crown to the officer.
Prisoner's Defence. I had no idea about the half sovereign; I offered the crown, not knowing it was bad; I picked it up.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
SARAH MONK . My father keeps the Fox and Hounds, at Brentford. On Thursday evening, 23rd Feb., I was attending to business—the prisoner came and asked for a pint of porter—it came to two pence—he gave a shilling—my mother took it, and gave him change—she put the shilling in the till—there was no other shilling there at the time—I went to the till soon after—I found only one shilling in it, and I noticed it was a bad one—no one had been to the till after the prisoner had given the shilling before I went to it—I had had it in my care—I kept that shilling apart from other money till I gave it to the policeman—I put a mark upon it—this is it (produced).
Prisoner. You were not there at all. Witness. Yes I was—I know you, because I had seen you in the house twice previously.
SARAH MONK . I am mother of the last witness. I remember seeing the prisoner on 23rd Feb.—I received a shilling, and gave him change—I put the shilling in the till—there was no other shilling there at that time—I saw my daughter take it out of the till—she detected it, and told me it was bad.
MARY ANN TAYLOR . My husband keeps a general shop, at Brentford. On Saturday evening, 25th Feb., the prisoner came to my shop and asked for a pennyworth of tobacco—I served him—he paid with a sixpence—I perceived it to be bad directly he laid it on the counter—I said "Where did you get this?"—he said he got it from Windsor—I asked him if he had any more—he said no, only a shilling he had in his mouth—he spat it out, and held it in his hand—I saw it, and to the best of my belief it was bad—he did not give it me—he drew back and went out—he did not get the tobacco nor the sixpence—I gave information to a policeman, and gave him the six-pence—this is it—here is where I marked it.
JAMES CASTLE (policeman, T 126). On Saturday evening, 25th Feb., I took the prisoner at Brentford—I found on him a 4d. piece and 1/2 d. in copper—I took him to a cell in the station—there is a water-closet there, and before I put the prisoner in the cell I examined the pan of the water-closet—there was nothing there—I produce this sixpence.
COURT. Q. What induced you to search the water-closet? A. The last witness told me that the prisoner had a shilling about him, and not finding it on him I searched the pan.
JOSEPH HAMBRIDGE (policeman, T 162). I came to the station, and searched the pan of the water-closet, a little before 9 o'clock on Monday morning—no other person had been in the cell but the prisoner—there was not any other person locked up in the station while the prisoner was there—I found in the pan of the water-closet this counterfeit shilling.
GUILTY . Aged 21.— Confined Six Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
the prisoner came to my shop, about a quarter before 6 o'clock in the evening just before dusk—I am sure he is the boy—he asked for four postage stamps and gave me half a crown—I gave him change, and put the half-crown in the till—the till draws out—there were other half-crowns there—there might be twenty or thirty—I laid this half-crown on the top of the silver—I threw it in—I noticed where I placed it—I then lighted the gas directly I did that I opened the till, and saw the half-crown on the top of the silver—I can state it was the same I took from the prisoner—I found it where I had placed it—it was bad—I tried it, and put it apart by itself—on the next day the prisoner came again about the same time, a quarter before 6 o'clock, just before I lighted the gas—he asked for four postage stamps—I did not serve him—I held out my hand for the money, and he gave me a half-crown—I noticed it was bad—I went round the counter to the door, and sent for a policeman—I said to the prisoner, "You came to me yesterday and passed a bad half-crown, and you have likewise done so now"—he said he was sure he had not been there the day previous, and he was not aware that this was a bad one; that a gentleman told him he would give him 2d. if he would fetch him four postage stamps, and he was to take them to the gentleman who was round the corner—a policeman arrived, and took him in custody.
Prisoner. He took the half crown out of my hand and put it into a drawer. Witness. No, I did not—I would not say positively that this was the half crown you gave me the first time, but it was on the top of the silver.
Prisoner. On the 8th I was not in the place—I was asleep at the time that the gentleman says I was in his shop.
GUILTY . Aged 15.— Confined Six Months.
ANN BELL . I am the wife of Thomas Bell, who keeps the Blakeney's Head, in Whitechapel. On Monday, 6th March, the two prisoners came in together in front of the bar, a little after 7 o'clock in the evening—they called for half a quartern of gin and a screw of tobacco, which came to 3d.—they drank the gin together, and the female paid me with a shilling—I gave her change, a sixpence, and 3d. in copper—I put the shilling into the till—it is a draw out till, and I am quite sure there was no other shilling there—the prisoners remained there—my husband came out of the parlour for change, and I gave him the shilling, which was the only shilling there—he discovered that it was bad—he threw it on the counter, and said, "What have you got here?"—I put the shilling on a shelf in the bar parlour by itself—in consequence of this, I kept my attention on the prisoners, who were still there in the house—Hudson then called for another half quartern of gin, and another screw of tobacco—he gave me a shilling; I saw it was bad, but I gave him the change, and put that shilling with the other—Cave drank part of the second portion of gin—I made a communication to my husband, and he went out to fetch a policeman—after he was gone Cave came to me, and said, "Hald a quartern of gin, my dear"—I took a shilling from her hand, and said, "You are all right, my dear"—I took hold of her hand; a policeman came in, and I gave the three shillings to him.
Cave. Q. Did not I give you a half crown when I first came in, and did not you give me change? A. No, you did not; you gave me a shilling—you had some good half crowns in your purse—you did not give me a half crown, nor did I give you two shillings change.
Cave. May I never leave this bar, if the two shillings were not the money you gave me yourself, you false swearing woman—I am a sick woman, and a dying woman, and as I stand here it was the money she gave me herself.
Hudson. Q. Did not I give you a shilling when I went in? A. No, the woman gave me the first shilling, you gave me the second.
MR. BODKIN. Q. Were the two prisoners alone? A. There were other persons came in—one woman left her child with the prisoners, and went away.
THOMAS BALL . I am the husband of the last witness—on Monday night, 6th March, my wife gave me a shilling—I examined it—it was bad, and I returned it to her—in consequence of that I remained in my house—both the prisoners were there-—I did not see Hudson tender a shilling, but as soon as he had tendered it I was called, and I went and got a constable.
JOHN CRESSY (policeman, H 221). I was called to the house, and the prisoners were given into my charge—I searched the man, and found on him 1s. 6d. in silver, which was good, and 5 1/2 d. in copper—Cave gave me a purse with one sovereign and five half crowns, which were good.
Cave's Defence. I am a very delicate and ailing woman; if I go to prison I don't suppose I shall come out alive—I changed a half crown with her at first, and if I were to die to morrow, the money we gave afterwards to her was the money she gave me—my husband drew his pension, and he and I and two others went in this house.
Hudson's Defence. These people came to me, and I gave them a cup of beer—I had one shilling, which I gave first, and it was good.
CAVE— GUILTY . Aged 45.
HUDSON— GUILTY . Aged 49.
Confined Six Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
EMILY ELIZABETH ADA . I am in the service of Mr. Norton, who keeps the Three Tuns, at Bow. I remember the prisoner coming there on 2nd March, for a glass of shrub—I served her—she gave me a florin—I took it to my master, and he gave her change, and put the florin into the till.
EDWARD NORTON . I keep the Three Tuns. The last witness brought me a florin—the prisoner was there—I gave her change; to the best of my belief, a shilling, a sixpence, and a 4d. piece—the shrub was 2d.—I put the florin into the till—there was no other florin there—I then told the last witness to go and attend to her business, and I would attend to the bar, which I did till my wife came home, about an hour afterwards—when she came home she went to the till, and said I had taken a bad florin—on the following Tuesday I saw the prisoner in custody—my wife had shown me that the florin was bad, and I kept it safe by itself—I think my wife gave it to the policeman.
went to the till and opened it in about ten minutes—I found several shillings and sixpences, and one florin only—I showed it to my husband, and found it was bad—I put it into my purse by itself, and on the following Tuesday I gave it to the constable—I know the prisoner—I had seen her repeatedly—she came to my house and called for a glass of rum, and tendered me a bad shilling—I bent it and returned it to her, and she said she had no more money, and she left, and I saw her on the 1st March, the Monday—she then offered me a bad shilling, and I bent it and returned it, and I saw her about a fortnight before, but I could not tell the date—on that occasion she gave me a shilling—I discovered it was bad after she left—I put it on a cupboard in the bar parlour, and there it was till I gave it to the policeman—I marked it first—I am quite sure that the two I returned to her were bad.
Prisoner. Q. Why did not you give me into custody? A. Because I was alone in the bar, and I did not like to leave to give you into custody.
COURT. Q. Are you quite sure this is the woman who gave you the first bad shilling? A. Yes—I did not give her into custody when she came again, because I have a young family of children—my servant was gone upstairs to put the children to bed, and my husband was out on each of the two last occasions when she came.
Prisoner. There was another woman apprehended who offered her a shilling in bad money, and she said I had passed bad money, and very likely I passed the florin; the other woman was discharged and I was kept. Witness. There was a woman who was taken for passing a bad shilling, but she was discharged—the prisoner was talking to that woman, and she came to see the prisoner.
JOSEPH HOLDEN (policeman, 427). On Tuesday, 7th March, I was fetched to the Three Tuns—I found the prisoner and another woman—the last witness gave the prisoner into custody for passing bad money, and she said she had been in the house on several occasions and offered bad money before—the prisoner said nothing, but on the way to the station she said she had been to the house a great many times, but never passed that counterfeit 2s.-piece—the next morning she said if the servant swore that 2s.-piece against her, God strike her b——y dead she would murder the b—r.
Prisoner's Defence. I am quite innocent; I never had the shilling nor the 2s.-piece; on the night I was taken I went to have a glass of gin, and paid for it in copper; the other woman was in the bar; I had known her, but had not seen her for some time; the officer was sent for, and we were both given in charge.
GUILTY . Aged 23.— Confined Six Months.
THOMAS MCCROW . I keep a grocer's shop in Sidney-place, King's-row, Chelsea. On Saturday, 25th Feb., I remember the prisoner coming to my shop about 10 o'clock at night—I served him some tea and other articles, which came to about 3s.—he tendered me a sovereign in payment—I examined it, and found it was bad; I told him so—he said he had just taken it, and he would go and get it exchanged—he left the articles on the counter, and said he would return for them—he left the shop with the sovereign—he did not return—I saw him again on the following Thursday morning, on
2nd March—I am quite sure that the sovereign I returned to him was bad—there can be no mistake about that.
COURT. Q. What test did you apply to it? A. By the ring of it—having so much money pass through my hands I know the ring well—this had no ring at all—I never take bad money.
ELIZA WALTERS . I live with my brother, who is a baker in the King's-road. On Thursday, 2nd March, the prisoner came there and asked for 1s.-worth of Abernethy biscuits—he paid me a half sovereign—I found it was bad—I did not tell the prisoner so; I went round and bolted the door, and told him he should not go out, and I sent a man for a policeman—the prisoner said he was not aware it was bad, and that he got it of a gentleman in Cameron-square—I broke the half sovereign, and gave it to the policeman.
Prisoner. I went for 1s.-worth of Abernethy biscuits, and she had not got them; she said she would make them up with captains. Witness. Yes, and he said he would go and ask the gentleman if that would do, and he did so.
JOHN SPOONER (policeman, V 228). I took the prisoner at the last witness's shop—I received these two pieces of a half sovereign—the prisoner said he lived at Mr. Donovan's lodging house, in Jew's-row—I made inquiries—I found a person named Donovan, and he did not live there—he said he got the half sovereign from a gentleman in Cameron-square, which is close by, but he could not tell who the gentleman was.
(The prisoner's statement before the Magistrate was here read, as follows: "I was going to Mr. Paterson's; I work on the road; I met a gentleman near Pawland square, he asked me to go for the Abernethy biscuits; she said she had not got 1s.-worth, she would make it up with other biscuits; I went and asked the gentleman, and he said, 'Take them;' I went, and she made up the biscuits; I gave her the half sovereign; she said it was bad, and sent for the officer and gave me into custody; as to the man, I never saw him before in my life."
GUILTY . Aged 28.— Confined Six Months.
MESSRS. BODIKIN and POLAND conducted the Prosecution.
MARGARET ROBINS . I am the wife of James Robins; he keeps a beer house at Kensington. On 8th March the two prisoners came to the house together, about 4 o'clock in the afternoon—Webb asked for a pint of ale—I served it, and he threw down a half crown—I took it up, and saw it was bad—I did not say anything, but took it in the parlour and showed it to my husband, and gave it to him—he came out and spoke to the prisoner, and a constable was sent for.
JAMES ROBINS . I am the husband of the last witness. I remember her bringing me a half crown, and the two prisoners were there—I saw the half crown was bad—I went out and spoke to Webb—I said to him, "Tom, is that you?"—I mistook him for another person—I asked him if he had any more money to pay with beside that—he said, "No"—I asked M'Donald if he had any more money, he said "No"—Webb said he had taken the half crown over at Pimlico at a public house, but he did not name any house—I directed a lodger to look after the prisoners, and I fetched an officer, gave the prisoners in charge, and gave the officer the half crown—this is it, I marked it.
Webb. Q. What did you do with the half crown? A. I kept it in my hand till I took it down to the station, and gave it to the officer; that was not more than three or four minutes.
LUKE SPEARS (policeman, T 67). I took the prisoner into custody at the last witness's shop—I received this half crown—I asked the prisoners if they had got any more money about them, and they each said, "No"—I found no money on Webb—I found on M'Donald a counterfeit shilling in his waistcoat pocket—Webb gave his address, as No. 14, Snow's Rents, Westminster—I went there, but did not learn anything of him—M'Donald gave his address, No. 9, Regent-place—I went there, and found he had been living there, but had not for the last three weeks.
Webb's Defence. I started from home where I gave the address, but I do not know that they know my name; I lived with another young chap whose name they knew; I had a crown piece, and changed it at the Shakespeare public house, in Chelsea; I had my dinner, and one thing or another, and spent the crown piece; I went to this house, and met this young man by the door; I had not seen him for about two years; I asked him to have a glass of ale; I went in and gave the half crown; I did not know it was bad, nor did I know that he had got a bad shilling in his pocket; if there is a doubt, I hope you will let me have the benefit of it.
M'Donald's Defence. I came upon a buss to Chelsea; I gave the man a 2s.-piece, and he gave me this shilling; I found it was bad; I took it home and laid it down; but that morning I put it in my pocket again, but I did not mean to pass it; when I was asked, I did not know but what I had left it on the chimney piece at home.
WEBB— GUILTY . Aged 20.
M'DONALD— GUILTY . Aged 18.
Confined Six Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
NICHOLAS JOHN CONDON . I am a tobacconist. On 21st March, the prisoner came to my shop for a quarter of an ounce of tobacco, and paid with an old shilling—I gave him 11 1/4 d. change—after he had left, I examined the shilling; it was rather dirty; I rubbed the dirt off, and found it to be counterfeit—I put it in my pocket by itself and kept it till the 23rd, when the prisoner came again—I was standing at my door and saw him coming along the street—I recognised him instantly—he came in and asked my mother for half an ounce of tobacco—he gave her a shilling—she looked at it, and handed it to me—I examined it, and found it was bad—I charged him with its being bad, and being the party who had tendered a shilling on the 21st; he said so help him God, he had never been in the shop before—he threw down a good shilling, and wanted the bad one back; I would not give it him—he left, and I followed him till I saw a policeman, and I gave him into custody—when he came the first time, I put the tobacco in an iron box, and when he was taken, the same box was found on him at the station, while he was denying that he was the man.
Prisoner. Q. Where were you when I came? A. I was standing at the door, and I followed you into the shop—you gave my mother a shilling, and she did not like it—you gave her another, and I said you should not go out till I saw a policeman—you waited some time, and you said as a policeman did not come, you would go for one—I gave charge of
you; there was nothing found on you at the station—I did not say when I saw the tobacco box that I would swear to it—I said to the best of my knowledge that was the same box, but I was confident it was the same man—I believe I did swear to the box in the deposition, but I am certain of the man—this is the box—you gave it me open, and I put the tobacco in it; it is rusty inside—I said it was an old iron box, rusty inside, and it is—when you came in the shop, and gave my mother the shilling, I did not go to the till and take a shilling out—I took the shilling out of my pocket, and said this is the shilling you passed before.
MR. BODKIN. Q. Leaving the box out of the question, have you any doubt that he is the man? A. I have no doubt at all.
Prisoner. Q. Did I not ask for change and you would not give it? A. Yes; you might have stopped in the shop about five minutes—you said you would go for a policeman, and you went out.
JOHN CHOAT (policeman, D 376). I took the prisoner on Thursday, 23rd March—he was charged with passing two counterfeit shillings—these two shillings were given to me at the station—I found on the prisoner this tobacco box which was shown to the first witness, and he said he was more certain to the identity of the prisoner by the box.
Prisoner's Defence. I am a hard working man, I know nothing about the shillings no more than a child; I never stood in the shop before this one night in my life; when I did go he went and took a shilling out of the till and said, "This is one you gave me on Tuesday."
GUILTY . Aged 51.— Confined Six Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
ANN CROPLEY . My husband keeps a coffee shop in Cannon-street, Old-street. On Thursday, 9th March, the prisoners came about 8 o'clock—they asked for a cup of coffee and a cup of cocoa—I served them, and South paid me with a half crown—I gave him 2s. 4d. change, and they went away—soon afterwards, I sent the half crown out to get change—it was brought back to me, and I saw it was bad—I kept it apart from other money, till the 14th—on that day, the two prisoners came in about 8 o'clock—my servant served them, and she brought me a half crown which I found bad—I recollected the prisoners and I went to them, and told them if they would give me the money again, which I gave them in change for the first half crown, I would let them go; they both said they had not been there before—I sent for an officer, and gave them in charge.
South. Q. How long did you have this half crown in your pocket? A. Till the 14th; I had no other half crown in my pocket—I gave the same half crown to Goring.
FRANCES GORING . I am servant to the last witness. On Thursday 9th March, she gave me a half crown—I took it to the public house next door and gave it to the landlord; he looked at it and returned it to me; he said it was bad—I saw him examine it, it was not out of my sight—I took it back, and gave it to my mistress—on 14th March, the prisoners came to the shop about 9 o'clock in the evening—I served them with two cups of
coffee, and South gave me a half crown—I took it to my mistress, and it was bad—the officer was sent for, and the prisoners ware given into custody.
ROBERT BOWDER (police sergeant, G 37). I received the prisoners into custody on 14th March, I found on South a good 5s. piece and one penny—I found on Foskett one penny, I received these two half crowns—South said he lived at No. 6, White Horse-street, Lambeth; I went there, and found he was not known—Foskett said he lived at No. 36, Mitre-street, Lambeth—I went there and found he was known there, but did not live there—on 15th March I went before the Magistrate, and before the examination South called to me and said, "Keep the half crown we gave last night separate from the one we gave before."
South. Q. Did you not go to my address before 6 o'clock in the morning, before people were up? A. I went about half past 8 o'clock in the morning; the people were not up.
South's Defence. I am innocent; I only gave one half crown, and that was on the Tuesday, as to the other I know nothing about it; I never was in the shop before in my life.
Foskett's Defence. I came down Old-street, and met this prisoner; he asked where I was going, I said, home; he said, "I am going to have a cup of coffee;" I said, "You might as well give me one;" he said, "Come in, I will give you one;" he gave a half crown, and the woman ascertained it was bad, and said we had been in the shop before; I was never in the shop before.
(Mr. Lewis, a box maker, in whose employ Foskett had been, gave him a good character, and was ready to employ him).
SOUTH— GUILTY . Aged 19. Confined Six Months.
FOSKETT— NOT GUILTY .
MR. POLAND conducted the Prosecution.
PATRICK FITZGIBBON . I keep the Elephant and Castle, in Great Peter-street, Westminster. On Tuesday evening, 28th March, the prisoner came about 8 o'clock in the evening, with another boy about his own size; I served him a pint of beer, and he gave me a shilling in payment—I gave him 10d. change—they drank the beer very quickly, and ran out—I had the shilling in my hand the whole time—I examined it and found it bad—I went after the prisoner and the other boy, but I saw nothing of them—I marked the shilling, and put it on a shelf—I afterwards gave it to the officer—on the next day, the Wednesday, the prisoner came again between 7 and 8 o'clock in the evening, with the same young lad that was with him before—the prisoner called for a pot of porter—I did not serve him—he put down a 2s.-piece on the bar—I saw it was bad—I took it in my hand, and seized hold of the prisoner—the other lad ran away—I kept the prisoner about twenty minutes—I sent three persons for a constable—before the constable came about twelve persons rushed into my bar and rescued the prisoner from me, and seized a bar and said if I did not let him go they would break my head with the bar, and they threw stones into the house—on the following day I saw the prisoner going into a lodging house,
No. 17, Pye-street—I gave information, and had him taken into custody—I gave the florin and the shilling to the officer—I am able to say that the prisoner is the same boy; I know him very well, he is always about there.
WILLIAM BEER (policeman, H 214). On the Thursday afternoon I received this florin and this shilling from the last witness, and on the Friday I apprehended the prisoner at No. 17, Pye-street—I showed the prisoner the two pieces of counterfeit coin, and he said if Mr. Fitzgibbon came against him, he would do something for him.
Prisoner's Defence. I never was in the house till I went in with the florin; the young man asked me if I would give him a drop of porter, I went in and a man was doing something to the floor; I laid the florin on the bar; this man never took it, but the woman did; the prosecutor took me by the handkerchief, and I was nearly choked, and the people rushed in and rescued me from him; I never knew the florin was bad till he seized me, and the woman opened the till, and took another piece of money out; but I never was in the house before.
(The prisoner's mother gave him a good character).
GUILTY . Aged 18.— Confined Six Months.
MR. POLAND conducted the Prosecution.
JOHN COOPER . I am barman to my brother, who keeps a public house in Old Broad-street On the evening of 8th March, the prisoner came about 7 o'clock, he asked for a glass of half and half; I served him and he tendered me a shilling—I gave him change, and put the shilling in the corner of the till; I did not like the look of it—there was no other shilling in the part of the till where I put it—the prisoner drank the half and half, and when I gave him his change he went away—directly he was gone I went to the till and took out the shilling—no one had been to the till in the mean time—I found the shilling where I had put it; I examined it and tried it by a detector, and found it bad—I wrapped it in a piece of brown paper, and put it on a shelf—the prisoner came again about 8 o'clock the same evening—I had been in the bar the whole time—when he came the second time, Jane Carr, the barmaid, served him with a glass of half and half; he gave her a shilling, she tried it, and it was bad—I rose up and took the other shilling out of the brown paper—I said that was the shilling he had given me—I went to the parlour to my brother, and told him—when I went I left the brown paper and the shilling on the counter—when I came back the shilling was gone, and the brown paper laid at the prisoner's feet.
JANE CARR . I live in the same house with the last witness. I recollect the prisoner coming that evening; he called for a glass of half and half—he gave me a shilling—I put it in the detector and bent it; I told him it was bad—Master John Cooper recognised the prisoner, and said, "That is the man that came in about an hour ago"—he brought a piece of paper and a shilling in it, and laid it on the counter—I saw the shilling in the paper—I did not watch what became of the paper; but when Master John Cooper came back, the shilling was not there, and the paper was on the floor—I gave the shilling I took to Mr. Cooper.
prisoner on 8th March, at the Excise Coffee House, in Old Broad-street—I found on him two good shillings, but no bad money.
Prisoner's Defence. I hawk china and glass about, and buy old clothes; I had sold some clothes for 3s., and was returning home; I went into the house for a glass of half and half, and put down a shilling; it was taken in the tap room and passed round, and a man said it was a bad one; I never was in the house before the time I was taken.
COURT to JOHN MISS. Q. When was it you took the prisoner? A. In about five minutes—I live just in the neighbourhood; they came and fetched me, and the prisoner was standing near the door—we could not find the first bad shilling.
GUILTY . Aged 24.— Confined Six Months.
THIRD COURT.—Thursday, April 6th, 1854.
PRESENT—MR. RECORDER; and Mr. Ald. CUNOTT.
Before Mr. Recorder and the Eighth Jury.
PLEADED GUILTY . Aged 20.— Confined Two Months.
PLEADED GUILTY . Aged 19.— Confined Eight Months.
RICHARD WHITE . I am in the employment of Messrs. Calvert, as dray-man, at the brewery, in Thames-street. On Saturday, 11th March, I had a jacket there—I hung it up, in the place on purpose, which is open to the brew house—the prisoner was about the premises that day, but was not employed to do anything—he was there when I hung up the coat—he had been an occasional workman there—when the policeman had him in custody I heard him say he did not know where it was he had lost it.
JOSEPH BALKIN . I work at the brewery. On 11th March I saw the prisoner standing in the yard with a jacket under his arm—I asked him where he was going to take it—he said, to Dick White, down the Commercial road (that is the last witness)—I told him he had better not take it, for the man would want it—he went out of the yard with it under his arm.
JAMES HATTON (City policeman, 442). I received information on the Tuesday after the jacket was lost on the Saturday, in consequence of which I took the prisoner at the brewery—he was given into my custody there on 28th March—I could not find him before that—I told him the charge—he said he took the coat, but had lost it.
GUILTY .— Confined Four Months.
WILLIAMS— PLEADED GUILTY . Aged 22.— Confined Two Years.
MR. PLATT conducted the Prosecution.
HENRY SKELTON . I am a beer shop keeper, of the Prince of Wales, Beech street, Barbican. On Tuesday night, 21st Feb., I had about seventy-one or seventy-three sovereigns, I am not quite certain which, in a cash box upstairs in my bed-room, on the second floor, which is the floor above the club-room—between 12 and 1 o'clock on the next day, I heard a female voice screaming; it was my wife—I ran up stairs—a man rushed by me on the stairs, saying he was going for a policeman—when I got a little further up, I saw my wife struggling with the prisoner Williams on the landing, outside the club-room door—I laid hold of Williams—my wife called to me to hold him tight, for he had got all the money—at that moment Johnson came from the parlour, as I was struggling with Williams on the stairs below—Johnson said, "Hold him tight," but at the same time striking and kicking me on the arm, as I was standing on the stairs below him holding Williams—he then rushed by me into the street, and I saw no more of him—Williams took a sovereign out of his mouth, and said, "This is all I have taken"—I had seen them both before at my house; Johnson I had seen several times; and on this morning they came together, and called for a pint of ale, which they drank together in front of the bar; and then Johnson asked me if I had got a room in which they could sit down—I said there was a room up stairs, but there was no fire—they went up stairs together, and were served with a pint of ale up stairs—I went into the club-room, and served them myself—they were drinking together when I took them up a second pot of ale—Williams wanted me to let him go very badly—he was given in charge, and a policeman brought Johnson back—I examined the bedroom door—the lock had not been touched, but a drawer in the bedroom was wrenched open, and the lock was lying inside, wrenched right off—I had locked it myself, a few minutes before, and taken out all the sovereigns but one, which was then missing from the cash-box, which was left—it had not been locked—I found it open, and the papers strewed about the room—if parties were in the club-room, they would, without difficulty, get to the bedroom, up the staircase—I have not lost any money.
Cross-examined by MR. RIBTON. Q. What time did they come into your house? A. About a quarter to 12 o'clock; I believe I stated all this to the Magistrate—the club-room is the common public room, where all persons go who want to sit down—it is the only room I have for persons to sit in—it is quite a common thing for persons who have ale to want to sit down—there are bagatelle skittles on the table, and the prisoners began playing when I took up the ale—there was no one else in the room till the third party joined them—my wife serves occasionally—I swear that the prisoners came in together—I cannot say which came in first—no one was present when I served them with the ale—Johnson asked for it, and paid for it—I first saw Johnson eight or ten yards up the stairs; that was about five stairs down from the landing of the club-room—I had hold of Williams at that time—my wife had then left hold of Williams, and was running up stairs to see what money had been taken—Johnson was not on the same steps as me; he was a few steps higher up—they are very narrow stairs—he said, "Hold him tight, I will run for the police," and struck and kicked me on the shoulder, chest, and arm; he kept on striking and kicking me—it did not last more than three minutes—I mean to say Johnson was three minutes on the stairs—I saw my wife struggling with Williams; she had just let go of him when I first saw her—she was about one stair down from the club-room door—Williams had got away from her when I caught him—I did not see Johnson come out of the club-room.
COURT. Q. Was there anybody else in the club room at the time of the scuffle? A. No one—the prisoners had never been up to the club room before when they had been, or up stairs at all, to my knowledge—nothing had been said in public to my knowledge about there being money in the bedroom—it was not club money which I held, it was my own—I generally pay my brewer about once a month—there were about ten more days to run.
MARY ANN SKELTON . I am the wife of the last witness. On 21st Feb., Johnson came down stairs to the bar from the parlour and asked for a screw of tobacco—a few minutes afterwards I was going up to my bedroom, and after I had passed the parlour I heard some one walking in the bedroom—I ran up, the door was open, and the prisoner Williams was standing just inside the room by the door—I took hold of him directly by the neck, and called for my husband—I could see into the room, and saw the chest of drawers open, and the contents thrown about the room—I held Williams till I got to the parlour door—he was trying to get down stairs—I hung on him, and he dragged me down—he threw me down once, and I threw him down—I held him till my husband came—Johnson rushed out of the parlour, and threw me on my back on the stain going up from the parlour to the bedroom—he then went down stairs, and met my husband—I saw my husband seize Williams—I then went up to the bedroom, and looked at the cashbox; it had had 71l. or 74l. in it the night before—there was nothing in it when I went in—I saw Johnson brought back in custody—I am quite sure the prisoners are the men—I had not seen them in the morning, as I was in my bedroom when they came in.
Cross-examined. Q. You did not lose all the money? A. No, because my husband had taken it out—I did not see my husband till Johnson had thrown me back on the stairs—I did not see him coming up stairs before I lost hold of Williams—I saw him when we were all in a scramble together, when Johnson threw me back on the stairs—I had lost my hold of Williams when my husband came up—my husband came to the top stair, where there was some struggling—I lost hold of Williams and my husband caught him at the same time—it was almost at the same time that my husband was on the landing that Johnson rushed from the parlour—it was not in passing me that Johnson pushed me down—it is a very small landing—after I was thrown he went down stairs—I went back to the bedroom, and did not see him pass my husband—my husband was on the landing with me when Johnson ran down—I did not see him struggling with my husband at all—I remained up stairs a minute or two, and then came down, and saw my husband holding Williams in the bar—there was nobody else in the bar—I heard the neighbours crying, "Stop thief!"—I serve a good deal in the shop, but had never seen the prisoners before to my knowledge.
MR. PLATT. Q. Did Johnson stop before he threw you down, or was it in passing you? A. He made a full stop, and then pushed me down—I do not believe it was an accident—he pushed me down on the stairs leading to the bedroom from the landing.
JOHN HENRY SUCH (City policeman, 116). On 22nd Feb., some time after 12 o'clock, I was in Whitecross-street—I heard a cry of "Stop thief!" and saw Johnson running from Beech-lane towards Fore-street in the direction from Mr. Skelton's house—I am sure he is the man—when I got within a yard of him he held up his finger, and said, "I want you"—I laid hold of him, and said, "You must come back along with me"—I took him back to Mr. Skelton's, and found him holding Williams—I called another
officer, and the prisoners were both given in charge—the station clerk asked Johnson his name and address, and he gave a false address.
Cross-examined. Q. What name did he give? A. "Joseph Johnson"—I have ascertained from the place where he lived that that is false—he gave his address No. 8, Bowling-square, Whitecross-street—Johnson's father lives there, and a person whom Johnson represents to be his wife—I believe it is his father, and not his father-in-law—I found from him that Johnson is not the prisoner's name—the person's name was Johnson whom I found there—the cries of "Stop thief!" came from the persons who were running after Johnson—he was running towards me till he came within a yard of me—when I said, "I must take you," he said, "I will go back with you."
WILLIAM EDWARDS (City policeman, 114). I went to Mr. Skelton's, and saw him struggling with Williams, who was given into my custody—there were two of them holding him, but he was quiet when I went in—Mr. Skelton gave me a sovereign, and said in Williams's presence that he had given it to him—Williams did not deny it.
(Johnson received a good character).
JOHNSON— GUILTY.† Aged 23.— Confined Two Years.
EDWARD HOLLOWAY . I was a wholesale draper at the time in question, at No. 54, Friday-street On 24th March I was in Cannon-street—I received information, and hastened forward—I saw the prisoner walking before me with my handkerchief in his hand, wiping his nose with it—I instantly rushed forward, seized him, and accused him of stealing it—he instantly dropped it, and said he had not—I gave him in charge.
MARY ANN BARLONY . On this Friday evening, I was in Cannon-street, and saw the prisoner put his hand into Mr. Holloway's pocket, and draw his handkerchief out—I told Mr. Holloway, who seized him, and gave him into custody—I am sure the prisoner is the man.
THOMAS WALLMAN (City policeman, 400). Mr. Holloway gave the prisoner into my custody—he was holding him by the collar, and had this handkerchief (produced) in his hand—I searched the prisoner, and found on him two pocket handkerchiefs, one silk and the other cambric, a tobacco box and a knife (produced).
Prisoner's Defence. I am quite innocent; there were two other men before me, but the prosecutor caught me, and gave me in charge—the other handkerchief is my own, and the tobacco box is my father's.
Prisoner. It is my sister's—she is a married woman—I got playing with it, and kept it.
GUILTY . Aged 19.— Confined Six Months.
MR. CAARTEN conducted the Prosecution.
JAMES LACEY . I am a farmer at Edmonton and at Enfield. The prisoner was a carter in my service—there was a corn bin in one stable and a chaff bin in another—on 7th March I looked in the corn bin, and found corn which had no business there—the horses ought to have had it—on 8th March I looked in the bin again, and found a similar quantity left, which
the horses ought to have had likewise—I went to the police inspector, and was supplied with some pieces of parchment, which I put into the corn bin—the prisoner had to go near London the next day with a load of hay, in a wagon with three horses—he went, and took a nose-bag containing a bushel of corn and chaff for each horse on the journey—that was perfectly sufficient for that short journey—it was eight miles, at most—the inspector afterwards showed me a sack of mine, containing corn and chaff similar to mine, which had pieces of parchment in it such as I had put in the night before—I did not authorize the prisoner to take this other sack.
Cross-examined by MR. PAYNE. Q. You load up on the journey with hay, and down with dung? A. Yes—altogether it was sixteen or seventeen miles—sometimes the journey is twenty miles there and back—the prisoner is allowed extra if he goes an extra journey, but not without permission—I have had a misfortune to my hand, and have not been able to measure corn out for the last six months; it is left to my son—I gave the prisoner into custody as he was stopping at the station house which is on the road—I sent another man with the wagon in his place when he was taken into custody; I told that man to take a truss of hay from the wagon for the horses, as they had been stopping at the station two hours and had quite emptied the nose-bags, or nearly so, and to give my compliments to the person to whom the hay was going, and say that I would send him another truss instead of it—the horses are in very good condition—they do a fair day's work—the prisoner has been seven or eight months in my service—I have three other carters—the corn and chaff mentioned in the indictment was worth a couple of shillings—the prisoner never denied that it was mine—he did not say in my hearing that he took it for the horses—he said before the inspector that I allowed him some when he went extra journeys, and I said I did.
JAMES HARRISSON (police-serjeant, 32). On the morning of 8th March, I stopped the prisoner on the high road to Edmonton, about a mile and a half from Mr. Lacey's farm, with a wagon loaded with hay and drawn by three horses—I asked him if he had anything in the wagon except the hay—he said "No;" afterwards he corrected himself; and said he had some corn and chaff in a sack, which was given to him by his young master—a constable named Lawrence was with me—we searched the wagon and found this sack (produced) in the bottom of the wagon, covered over with several trusses of hay, which we had to remove before we found it—there were three nose-bags buckled in front of the wagon, which were filled with corn and chaff, and he had besides a bundle of corn and chaff above the nose-bags.
JAMES LACEY , Jun. I was with my father when he put the parchment into the bin—I did not give permission to the prisoner to take this sack of corn and chaff on the morning of 8th March—I sent for Serjeant Harrisson that morning.
Cross-examined. Q. Did you see, on that morning, the sack partly filled with corn and chaff in the wagon? A. Yes, before the wagon was loaded—it was not hidden under the hay then—I saw it, because I went to look for it purposely.
MR. CAARTEN. Q. Do you mean inside the wagon? A. Yes, the wagon was not loaded at that time, nor partly loaded—it was facing the stable door, at about twenty minutes past 5 o'clock in the morning—I sent for the serjeant, and afterwards saw the wagon leave the yard.
COURT. Q. Was it in consequence of something you had been told that you went to look for it? A. Yes; we suspected it—I measure out the oats
and chaff—I had measured them out for the prisoner the night before, for the three nose-bags—I measured out nine and a half pecks to last him till the next night—that was kept in a bin, and he had kept some back in the bin—I looked into the bin on the Monday, and it was empty—I looked again on the Tuesday, and there were five pecks and a half—the prisoner's duty was to give the horses the nine pecks and a half every day, during the day—what I measured out was added to what was in the bin; I had filled three more bags from it, and then the bin was nearly empty—if he had remained out all day, the horses would have been entitled to have that, but part of it ought to have been given to them the day before—it was not mixed when I measured it; the corn was in one bin and the chaff in the other—there were nine and a half pecks of corn—the prisoner was not by when I looked into the wagon and saw the sack.
NOT GUILTY .
BENDON PLEADED GUILTY .* Aged 16.— Judgment Respited, to hear witnesses to character.
GEORGE WATKINS (City policeman). On 25th March I was in Bishops-gate-street, in plain clothes, about a quarter past 11 o'clock, and saw the two prisoners there together—I knew them before, and followed them—I saw Bendon try two gentlemen's pockets, but he got nothing; Coleman was standing behind him, spreading his coat out—I then saw them follow a third gentleman; Bendon took his handkerchief, and Coleman was covering him just the same—I took Bendon, pulled the handkerchief out, and took him to the station; I then went and took Coleman, at the corner of Hounds-ditch; he had followed to the station on the opposite side—I had seen them together before, daily.
Coleman. Q. You say you saw me with the other prisoner three times picking pockets? A. Yes; I have seen you for the last three weeks, daily.
JOHN GUTTRIDGE HIRONS . I was in Bishopsgate-street on 25th March. A policeman spoke to me, and I saw him take my handkerchief from under Bendon's coat—this is it (produced)—I did not see Coleman till he was brought to the station—Watkins asked me if I would hold the boy, as he saw the other prisoner on the other side of the way; but having received an injury to my hand I did not do so.
Coleman's Defence. I am innocent; I never saw this prisoner before, and do not know him.
COLEMAN— GUILTY . Aged 22.— Confined Six Months.
MACEY pleaded GUILTY .* Aged 26.— Confined Twelve Months.
HUSKINS PLEADED GUILTY .* Aged 26.— Confined Six Months.
MR. METCALFE conducted the Prosecution.
ALFRED GREEN (City policeman). On 15th March, between 11 and 12 o'clock, I was on Ludgate-hill, and saw the prisoners together; they looked into several shop windows—I followed them to Barbican, where they all went into the Brown Bear public house; they came out again, and went to Beech-street, where Macey and Huskins went into Mr. Ward's shop, and Bendz stood on the opposite side of the road, apparently watching—they remained in the shop a quarter of an hour, Bendz still walking up and down at the same place—after Macey and Huskins came out, Bendz waited
for about a minute, still looking at the shop; Macey and Huskins went down Beech-lane; Bendz then ran after them—I called Packman, another officer, and then went into Mr. Ward's, after which I followed the prisoners, and took Huskins; Packman took the other two—Huskins turned eleven pieces of silk out of her pocket at the station, which made fourteen handkerchiefs, as some pieces contain two handkerchiefs—in her basket there were two cambric handkerchiefs—I asked her if she would account for the possession of the handkerchiefs, and she refused—Packman asked Bendz his address, and he refused to give it; I afterwards ascertained where he lived, went there, and was present when Packman found four silk handkerchiefs, which were shown to Bendz in my presence; he said two of them were his, and one he bought in the country—I did not examine to see whether they were made up; we found them at No. 56, Orchard-street, Westminster—they form part of the goods stolen.
ROBERT PACKMAN (City policeman). Green called me in Barbican, and I saw Huskins and Bendz going down Lower Whitecross-street, apparently talking together—this was after they had been to the shop—Macey was about half way down; he overtook them, and went in between them—they all stopped in Fore-street, and Green came up to me—I stood watching them about two minutes, and they went on; we overtook them, all three talking together, and took them into custody—they were 200 or 300 yards from the shop when I first saw them.
Bendz. The officer does not speak right; I was the person who overtook the other two. Witness. No, it was not you; I am quite certain of that.
COURT. Q. Did you hear the account Green gave? A. Yes; I have been in Court—I did not hear Green say that Bendz was the man who ran after the other two—I am quite certain it was Macey.
MR. METCALFE. Q. Where did you first see them? A. In Whitecross-street, nearly 100 yards down—I could not see the shop in Beech-street from there.
GEORGE MAYHEW WARD . I keep a shop, at No. 41, Beech-street These are my handkerchiefs—there were some cambric handkerchiefs in the window marked 6 1/2 d.; Huskins came in with Macey, and asked to look at them; they selected one—they asked to look at some neck handkerchiefs, and asked me what was the lowest price—I said I had them from half a crown up to 8s. 6d. the square—they said they should like to look at some, a pretty good quality—they wanted one like what Macey had on, and were delighted to find I had got one—they paid 13d. for two cambric handkerchiefs; and afterwards they selected one of the other handkerchiefs, and paid 18d. off of it, for me to put it on one side—Green afterwards came to me, and I missed these handkerchiefs produced—they are mine, and were among the lot I showed to them—I followed Green, and saw the prisoners all going down White-cross-street.
ROBERT PACKMAN re-examined. I went with Green to No. 6, Orchard-street, and found from a female there, who said she was Bendz's wife, that the prisoners all three lived there—I found these handkerchiefs there, showed them to Bendz, and he admitted that it was his lodging—I found these two handkerchiefs in a box in the same room, showed them to Macey, and he said they were his property—Bendz said at the station that he did not know anything of the other two; that he had just stepped up to them, and asked them, to direct him to some place.
Bench's Defence. I had not been in London a week; the female prisoner is the sister of my wife; I stopped in the lodging a few days, but know nothing of her affairs; when I came to the corner, and saw them at the bottom of the street, I ran after them; Macey never left her at all.
BENDZ— GUILTY . Aged 28— Confined Nine Months.
OLD COURT.—Friday, April 7th, 1854.
PRESENT—Mr. BRON MARTIN; Mr. Ald. COPELAND; and Mr. Ald CARTER.
Before Mr. Baron Martin and the First Jury.
531. ADOLPHUS HARRISON was indicted (together with Alexandre Deseaux, and Laure Laboucher , alias Denis, and Guillaume Denis, the two latter not in custody), for unlawfully attempting by false pretences and fraudulent means to procure one Alice Leroy (she being under the age of 21 years) to have illicit carnal connection with a man; other COUNTS varying the manner of stating the charge.
MESSRS. PARRY and SLEIGH conducted the Prosecution.
ALICE LEROY (through an interpreter). I am now living in London, I do not know the name of the street. In Nov. last year I was residing at Brussels, at No. 18, Rue de la Marche, with a Madame Louise—I was following the occupation of a milliner—I saw the prisoner there—I do not recollect about what time, it was in the autumn—I had been living at Brussels about three months, or three months and a half, when I first saw the prisoner there—before that I had lived at Lille; I was between six and seven years of age when my mother died—my father died about two years ago—I believe myself to be sixteen years and a half old—I was in the habit of keeping my birthdays, since two years I have not done so—it was on 16th Aug., two years ago, that I last kept it—my sister and several other parties made me some presents on that day, I was then fourteen—that was the last birthday I kept—I first met the prisoner in the gallery de St. Hubert at Brussels, I was with two or three of my friends at the time; they were girls about my own age—he did not say anything to me on that occasion—one of the young girls I was with knew him—I saw him again one or two days afterwards, at the same place—I think he spoke to me on the second occasion; he asked me if I would like to go to a house of business where I would gain plenty of money, and be well off and work at my profession—my friends were with me at that time—I answered that I did not know if I should go, that I did not much like to go—I did not like to go, I did not consent—while the prisoner was talking to me about this the girl he knew was present, and she told me a great many things in order to determine me to go; I do not recollect exactly the words she said, but I know there were a great many things in order to engage me to go; I saw the prisoner again, I think it was the next day or the day after—I had not then made up my mind to go, I was not determined, but I had it in my head to go—he said on the third occasion, that he would give us money on the railway before starting—there was another young lady with me—he showed us a purse filled with gold, or at least with some gold in it, and said, "I have received a letter, and I must start immediately"—he then took a railway ticket, and then he said he had not enough money—it was on the third occasion that we went to the railway—I saw him in the
gallery of St. Hubert, and we went together to the railway—he took three railway tickets—the young lady who was with me asked him for the money which he had promised to give, and he gave her a twenty-five franc piece, but nothing to me—he said he had not money enough, or he would see if he had money enough when he had taken the tickets—the companion who went with me went by the name of Leoni.
Q. In reference to what the prisoner said to you, what induced you to leave Brussels? A. I was very dull on that day; I had some quarrel or some words with Madame Louise where I was living, and I was very sad, and Harrison told me so many nice things that I was induced to go—I believed that he was going to take me to a house of business in London, because he said so—this was either the end of Nov., or the beginning of Dec—we arrived in town about 5 o'clock in the afternoon—we went in a cab to a place that I now know by the name of Denbigh-terrace, No. 3—Leoni was with me, when I arrived at Denbigh-terrace—I saw Madame Denis at the window of the house, I did not know her at that time—Madame Denis opened the door to me.
COURT. Q. Was the prisoner with you all this time? A. Yes; he put the luggage in the dining room.
MR. PARRY. Q. When you got into the house, who did you see? A. I saw Madame Denis, Monsieur Denis, Monsieur Deseaux, the father, and Madame Bradley—when I got in Madame Denis said, "Ah! you are arrived, there you are; have you passed a good voyage, or did you suffer much of sea sickness?"—Leoni, Harrison, and myself dined with them that day; I think Harrison stopped the whole evening; I do not know exactly, bat I think he said he had to carry some goods somewhere, which he had brought from Belgium; some boots or shoes—from the time I arrived I remained there, with the exception of being a fortnight at Paris, until I escaped—the next day after I arrived was Sunday—Madame showed me a piece of calico, and said, "As you are here, now begin to make this or that," showing the calico—we did several articles of crochet work, for some days; there was another girl from Paris who was there—Harrison came there every day to dinner—until I escaped, Madame and Monsieur Denis and Deseaux were always residing in the house—Leoni and the French girl also resided there during that time—I know a girl named Elvire Cerckell; she worked at Berlin wool work, not as servant in the house—Leoni, and the French girl, and I lived in the second floor front room—I slept in the back room, third floor—Leoni slept with me all the time I was there—Elvire Cerckell lived down stairs.
Q. When Harrison came to dine every day, did you hear him and Madame Denis talk together about the clubs, or anything? A. Yes; very often Madame Denis said to him, "Have you been to my lord this or that name? have you been to the clubs?"—he then said, "Yes, I have been;" or, "They are in the country, and it is no use to go there"—besides the clubs, the park was mentioned, and something was said about the houses of parliament; one day Madame Denis said to the prisoner that he ought to go up to the houses of parliament, and say some hard words to, or blow up, one of the gentlemen there, because he did not pay—after I had been there about a month, Madame Denis introduced me to a gentleman—before that time I had suspected a little what sort of a house it was, but I was not quite certain—from the day I entered the house, up to the time that I escaped, I could not have got away; I never found means to do so, because I did not like to speak to the little girl Elvire, fearing she would tell it to Madame, or speak to Madame
about it—I could not come down stairs and go out of the house; any time that I was going down, they made me go up instantly; and Madame was always watching down stairs—often it was the father (Deseaux), and often it was Madame Denis who said, "Will you go up stairs directly!"—Deseaux was the whole day with us in the room which we inhabited—he allowed us to go out of the room, but not to go down—he did not say anything if we went out of the room into our bedroom, but he did not allow us to go down—he used to smoke, to read, and to walk about the room all day; if we went to the window, he took us by the arm and made us go back—he said, "Go back directly from the window, because ray daughter will see you, and will scold me"—Madame used always to be in the dining-room; that is quite near to the street door—if any one went out at the door they could be heard from the room where Madame sat; they could not alone hear, but see, because the door of the room was oftener open than shut—after I had been there about a month, Madame introduced me to a gentleman, who was called the Greek prince; he was in the drawing room—Madame said to him, "I introduce you here to my sister"—when I went down into the drawing room there was Madame, the French girl, and the Greek prince present—the French girl had gone down first; I went down a very long time after her—after Madame introduced me to the Greek prince, she opened my gown—the French girl was not then in the room; Madame and me were alone with the prince—she undid the hooks, opened my dress, took the hand of the Greek prince, and showed my breasts, and said, "Look here, does she not resemble me? she has quite the same breast as I have"—Madame took his hand and put it on me, and made his hand touch me—the prince said, "Let me alone, you dirty procuress; she is not more your sister than she is mine"—I went out of the room, and went up stairs, and Madame afterwards scolded me, and said, "You have no manners; you are a stupid fool"—I did not consent to the prince or Madame doing this—I heard Madame tell Harrison, either that same day or the next morning, that the Greek prince had been there—I do not recollect what Harrison said to it—I was not introduced to any man there after that—some days before we went to Paris, Madame asked the French girl to come down; something was wanted, to try on her dress, or something—I went down, and saw an old gentleman there, near the fire; Madame said it was the old marquis—Harrison came up once to the room where we sat, to write a letter for Leoni to her mother, and then he came several times on a little commission, to fetch a dress for Madame, or something—Deseaux was there at the time Harrison came up; after that I went with Monsieur and Madame Denis to Paris—Madame said she wanted to go to the country to see some friends, and as it was me she liked best, she wanted me to accompany her—she did not say where she was going; she said to the country, to some friends—I went to Paris, in the company of Monsieur and Madame Denis—while I was travelling from London to Paris, I was not out of the control of Monsieur and Madame Denis; she was always at my side—I had never been to Paris before—I knew nobody at Paris—while I was there I knew no one but Monsieur and Madame Denis; we went to the Hotel de Valois, Rue Richelieu; we occupied the first floor—whilst I was in Paris, a man was introduced to me by Madame Denis—I do not know who he was—that might have been one day or two days after we got to Paris; I rather think it was two days after our arrival—that man had connection with me; it was without my consent—Madame Denis was present at the time—I heard Madame Denis say to him, "I have a bill to pay, and you must give me so much"—I am not quite
certain, but I think the sum mentioned was 100l.; and she said, "To my sister you do not give so much as you gave to that little girl Marion"—I returned from Paris with Monsieur and Madame Denis in a fortnight—from the time I went to Paris to the day I returned to Denbigh-terrace, I was always under the control of Monsieur and Madame Denis—I went back to No. 3, Denbigh-terrace—after we came back, Madame wanted to give me some medicine, but I did not take it—she said, "If you don't take that, you won't have anything to eat"—I saw Harrison afterwards; he had a dispute with Madame—I did not see him so often afterwards; he did not come any more to dinner—the dispute between him and Madame was, first of all, that he did not guard the house well in her absence; and secondly, that he had let the servants know or see that the Greek prince came—Harrison said that he had kept and guarded the house well, and that he only left it for a little message—the other subject of dispute was about 100 francs, which Harrison wanted from Madame, as his part of the money she had received in Paris—Madame told him that he had spent a great deal of money in her absence, and that he had drunk or taken a bottle of Cognac, which was sent for a sample—I do not recollect what Harrison said to that—after I returned I was again taken to the Greek prince by Madame—he was in the bedroom that time; it was between 9 and 10 o'clock in the evening—the Greek prince was in bed—Madame pushed me near to the bed where the Greek prince was lying, lifted my dress up, and put the hand of the prince on my legs—that was without my consent—on the first occasion when this happened to me, I complained to Madame, and told her that I was not brought up for this, and that I did not like it—I had always thought to escape since a long time back, but eight days after my return I was quite determined—I spoke to Elvire Cerckell—after that, I remained oftener up stairs in my room than before—during the last eight or nine days that I was there, after coming from Paris, I was constantly crying; not always, but often—Madame saw me crying, and one day she took my bonnet and shawl and locked them up, and said, "If one thinks to escape, one will not do it."
COURT. Q. During all the time you were in London were you never allowed to go out? A. Yes; I went out once with Deseaux, and I went another time with him to see the opening of the Houses of Parliament, that was twice.
MR. PARRY. Q. Was that before or after you went to Paris? A. Once before, and once after—I do not know the date of the day that I escaped—Elvire Cerckell, and a boy named Antoine, helped me to escape; and Madame Cerckell also came to the house the last week, for the purpose of helping me to escape—a little girl named Mary Murphy also assisted—I could not possibly have escaped before I did—I went to Mr. Watkinson, a person who I afterwards knew to be a policeman; I had on a woollen gown and slippers when I escaped, and nothing on my head.
Cross-examined by MR. BALLANTINE. Q. How long had you been at Brussels? A. Three months and a half; I did not go there alone—I went with my sister; she is twenty-four years old; she is not married—I think she is now in Poland or Germany—she did not remain with me at Brussels—I came from Lille, my sister had placed me in a shop there—they did not want any notice to leave the shop, they knew I was going to leave, my sister came to fetch me—I was living in the Rue de la Marche, at Brussels; I cannot give an explanation of what house it was, it is a middle class house.
Q. Was it a public house? A. I told you that it was a house of some middle class people, and a house of that claw is not a public house; it was
a house where they did nothing in it—they did not sell wine or brandy or anything—I lived there with a widow named Louise—Madame Louise had the whole house, I lived there, and I had a bedroom to myself.
Q. Did other girls live there besides yourself? A. Only myself, and a little daughter of Madame Louise—I only worked at home with her, no-where else; I was not paid for my work, I worked with her—the agreement was that I did not work for anybody, nor any particular sort of work; I was to work in the house, and my sister paid for my food—my sister went away before I met Harrison; I do not recollect how long before—I do not know exactly when my sister left, but it was a few days after the arrival; she left directly, she left an address where I was to write to her—am I obliged to give it?—I should not like to give it, my business is not that of my sister—I owed Madame Louise some money when I left Brussels, it was money which she had lent me to buy some ribbon for my bonnet; I do not know how much, only some francs—I left Brussels without letting Madame Louise know that I was going—I do not even myself know why I did so, because Harrison put some fine things in my head.
Q. If you thought you were going to a millinery business, why could not you let Madame Louise know? A. Because she would not have allowed me to go—I have two sisters—the other is travelling with an American family—it was between two and three in the afternoon when I met Harrison in the Gallery of St. Hubert—the girls I was with were some friends—I cannot recollect where I met them—I cannot recollect all these little particulars; if I had known I was obliged to recollect them, I would have given more attention to it—when you were of my age, where did you find your friends? I made casual acquaintances, and through one I made another—it was a girl named Louise that was a friend of Harrison's, she said she was a friend of his; it was Louise that persuaded me to go—she said the same that Harrison said; and besides that, she said that several other girls who had been with Harrison were very well off, and that Harrison was a very respectable man.
Q. You have said, that when you were in Denbigh-terrace, you heard Madame speak about going to the Clubs; just tell us what you actually heard her say? A. She said to him, "Well, Harrison, have you been to the Clubs?" or, "Have you been there?"—she did not say for what purpose; but he said, "I don't think that he is in town"—it was after this that I went to Paris—we went by the railway to Folkestone, and to Boulogne—we had to pass the Custom-house—I thought at that time that I was going into the country—Madame said that we were going to the country, in Scotland, and that we had to pass that way—I was doubtful at the moment; and when I heard them speak French, I said to her, "They speak French very well here;" she said, "Yes; it is a little town in France which we have to pass to go to Scotland"—I did not believe that Boulogne was the way to Scotland, I doubted it very much.
Q. Were you willing, or not, when you got to Boulogne? A. Yes; I was going to the country, and the country was great pleasure.
Q. What, with Madame Denis, after you had been treated in the way you have stated with the Greek prince? A. Yes, because I thought to go for a pleasure party—we went to the railway station at Boulogne—I found that they spoke French very well there, for Scotch people—Madame took me to the Hotel de Paris, at Boulogne, and said to me, it was just because it was the Hotel de Paris that they spoke French—afterwards we went to the railway, I did not hear anybody speak there at all—I did not give
any attention to it; I could not hear, because Madame Denis and I went in a cab to the railway, and when I went out of the cab Madame Denis took me by the arm instantly—she did not go to get the tickets; M. Denis fetched the tickets, and Madame went direct with me into the railway carriage—I certainly heard somebody speak at the railway, but I did not give any attention to it, because Madame said, "We are passing a little town, in order to go to Scotland"—I had no idea that we were going to Paris, but I thought it very curious that we had to pass France in order to go to Scotland, which belongs to England—we stopped at Amians, and had something to eat and drink—I was surprised at the language they spoke there, but I always doubted the whole time—she always made the same answer as before, if I asked her, that we were going to an old castle in Scotland—I heard of Amiens several times while I was at Lille—we got to Paris in the evening—I did not think that we had arrived at the castle in Scotland—I said to Madame Denis that we were now in a French town, because the soldiers had red dresses—I had nobody there to whom I could complain—Madame took me by the arm, and passed me as her niece, and I certainly would not go and complain to a stranger, or any one passing by, or the soldiers—in the way from the railway to the hotel, Madame kissed me, and told me we were in Paris, but begged me very hard not to say so, or tell anybody—she promised me a great many nice things, and begged me very hard not to tell anybody, not even her father or Harrison, when we came back, that we had been to Paris—the Hotel de Valois is a large hotel; it is a public hotel; it is an hotel meublee, a furnished house; there was not a common dining room—Madame and M. Denis and myself dined together—I did not know that a gentleman would come to see me, but I knew that a gentleman would come to see Madame Denis—I swear that the man had connection with me entirely against my will—that was the only time he had connection with me—I saw him afterwards, I think it was twice; I saw him often when he came there—he had connection with me twice afterwards, on different days—on both those occasions it was against my will—the gentleman gave me eight pieces of gold; Madame Denis took that away from me—he also gave me a bracelet, a cross, and a ring; Madame Denis allowed me to put on those things the day the gentleman came, but the day before we started she took them away from me, and said that those things were of no use on the voyage—I was not angry at her taking them away from me; I did not care about it—I knew we were coming back to England; Madame told me so—I did not make any communication to anybody on my way back; I could not, because I was always seated between M. and Madame Denis.
MR. PARRY. Q. Was the man in Paris the first and the only man that you ever had connection with? A. Yes; I never saw the things again that Madame Denis took from me at Paris—I never had a farthing given to me except what was given me in Paris—I had no money about me when I left Brussels, only some halfpence—when I finally escaped I had nothing about me but a few French sous, copper money.
ELVIRE CERCKELL . I am a Belgian. I know the house of Madame Denis, No. 3, Denbigh-terrace; I have known it about seventeen months—I went there for the first time about seventeen months ago—Madame Denis was living there at that time—I went to do Berlin wool work—from that time until this year I have been in the habit of going there daily to do Berlin wool work, and to do errands, and, when there was a new servant, to show her how to do the work—Madame Denis did not pay me any regular wages;
she gave me what she liked, sometimes one thing, sometimes another—I did not sleep there—I went in the morning, and came away at night—while I was there I used to see some gentlemen come to the house—I frequently saw gentlemen coming to the house; sometimes they came in the afternoon, and sometimes in the evening—I have seen women living there, who slept in the house; sometimes they stopped a few months, and sometimes a few days—I do not recollect any women coming and sleeping there only for a night or two—I know the prisoner—I used to see him there frequently, during the whole of the sixteen or seventeen months; he used to be there mostly every day—he took his meals with Madame Denis—Madame Denis generally sat in the dining room, next to the street door; that room is so close to the door that she must have heard persons coming in and going out—the door was mostly open while she was sitting in it—I knew of a person coming there who was called the Greek prince.
COURT. Q. And other men as well I suppose, not merely the Greek prince? A. There were some others.
MR. SLEIGH. Q. When did the Greek prince first begin to visit at Madame Denis's? A. I cannot recollect; I did not always open the door—it is not a long time that I used to open the door, it was not soon after I went there that I opened the door for him, it was some months after—after I first opened the door for him, he used frequently to come to the house—I have been sent out by Madame to get change for bank notes when gentlemen have been in the house; once, while Madame Denis was in France, I was sent out by the prisoner for change, that was at the time some gentleman was in the house—I have been sent out in the evening, when gentlemen have been there, for cabs to take them away.
COURT. Q. Was that the case when Madame Denis was in France? A. I do not recollect that.
(MR. BARON MARTIN it to MR. BALLANTINE whether upon this evidence he could resist a verdict on the Count for keeping a bawdy house? MR. BALLANTINE felt that as the Act upon which that Count was framed made any person taking any part or share in a house of this description equally responsible with the proprietor, he could not, consistently with his duty, struggle against a verdict upon that Count.)
GUILTY , on the 11th Count, of keeping a bawdy house. Aged 30.— Confined Two Years.
GUILTY (Aged 63) to keeping a bawdy house, and entered into his own recognizances in 100l. to appear and receive judgment when called upon.
MESSRS. BALLANTINE and COOPER conducted the Prosecution.
WILLIAM GEORGE . I am a cowkeeper, and live at No. 18, Spring-street, Portman-square. I know the prisoners; I believe they are cowkeepers, and term themselves slaughtermen—they live at No. 8, Mitcham-street, Lisson-grove, about ten minutes' walk from my premises—I have a cow shed in Burwood-mews; I had three cows there on 13th Feb.—I had bought the last two about three months ago, they cost me 58l.—two of them were very full of milk; one was very forward in calf—early on the morning of 14th Feb. I went to my cow shed in Burwood-mews, and found the three cows gone—they were the only cows I had—I had a servant named Robert Amos
—I did not see him after the 13th, and have never seen him since—on missing the cows I immediately went to the police station, and gave information—about 11 or 12 o'clock on the night of the 14th, I went to a shed belonging to the prisoners, in Mitcham-street, and saw my three cows there—I brought them away—Amos had no authority or right to part with my cows; he was my servant; he used to carry milk out for my customers; he was in the habit of doing that in the neighbourhood.
Cross-examined by MR. PARRY. Q. He had not the slightest authority to sell these cows? A. No; he never had any authority whatever to sell any cows for me; he never sold any cows by my directional had three cows that were parted with, but he had no instructions to sell them for me—he was authorised to look for a party to buy three cows that had become valueless to me—I desired him to look for some person to offer me a price for them, but he never had any authority to part with them—he did mention a party that would give a price for them; he had no authority to sell them—he came and stated the price that was paid for them; and I said, "Well, you come home from your walk as soon as you possibly can, and I will deliver the cows;" but he delivered them, contrary to my directions, to Mr. Boreham—that was about ten days before these cows were stolen—he used not to attend the markets for me—I did not pay him any wages; he was on sufferage with me; he came to me a beggar—he used not to take what he liked; I swear that—I have never said so—I did not consider I was in a position to pay him any regular wages, because he was on sufferage with me—he came to me about the latter end of Aug., I believe—perhaps he was with me about six months—he had drawn money from me on account at different times, whatever I thought would satisfy him for his trouble for me—he did not buy beasts for me—he took out milk—I bought my first cow in Aug.—that was before Amos joined me—I do not know what he had been before that—I have only known him for the six months—if he asked me for 6s. or 7s., and if I thought it necessary to give it him, I have done so—the largest sum I ever gave him was under 10s., I believe—I am not aware that he had taken these cows and offered them to any one else; if he did, it was contrary to my directions—I know Henry Dudden—I have not said to Amos, in the presence of Dudden, with reference to these very cows, "Don't you think you had better get rid of these cows, as they are getting stale?"—I will swear that—the three cows that Amos sold were sold for 24l.; they had cost me 54l.—I did not give Mr. Boreham into custody for receiving those cows which Amos sold, because the man brought me the money that he apprised me he should get; they were three very different cows to these; one of these gave two quarts of milk, that makes a great deal of difference—these three cows were not offered to Mr. Boreham; they were all I had in the world—they were not offered for sale to a person named Allen; they had not been offered for sale at all that I am aware of; if they were, it was contrary to my directions—I have not had any conversation with Mr. Dudden about the value of these three cows; I have not thought it worth my while to ask him—I had not been a cow keeper before this; I had been a servant—I thought Amos was a man who knew something about cows and cattle, that was the reason he came to me—I took him upon sufferage, because I thought he knew Something about cows—I never allowed him to buy for me, or to pay a penny for me; he has been with me to market whenever I purchased cows, but I never allowed him to interfere—he has been with me to my dealers, but I never allowed him to interfere with my dealings—he would perhaps point
out a cow, and say, I think so and so—I should say that I know a cow from a bull—I thought him rather a better judge of cattle than myself; I had a trifle of knowledge of cattle before I began cowkeeping—Amos was more customed to them—he has never been with me when I have sold cows, or cattle of any kind, only when I have bought—he has never had any authority to sell cows—I did not attend the markets; I had one particular dealer and no other; that was Mr. Abraham Low, of Homerton—I dealt generally with him for cows—I never had more than six cows—I have not been a large dealer; I purchased three first of all, and then two—Amos was not with me on all occasions when I purchased them—I have been in the Post-office; I left because I did not like it, to better myself—I was not discharged—I did not know that the prisoners kept a slaughter house till I found my cows—I had known the younger one before, because his cows were at grass, close to mine, and he has often asked me when my cows were coming up—I dare say he has seen Amos with me.
MR. COOPER. Q. You say you only had these six cows, and three were sold for 24l., and you knew that 24l. was the price before they were given up? A. Yes; they were sold for that—I had no intention to sell these cows—Amos was with me till he got a better place.
FREDERICK COOK (police-sergeant, D 1). On 14th Feb. I had instructions to go to 9, Burwood-mews—I went there, about half-past 9 in the morning—I did not see the prisoners at that time—I saw them between 10 and 11 o'clock that night—I told them I had come respecting three cows that had been stolen from Burwood-mews—Charles said, "Oh, let me sit down; this will be the ruin of me"—he sat down for a short time—he afterwards got up and took a receipt off a file, and gave it to me—it was for 30l. 5s.—I kept it, and gave it to inspector Alison—this is it (read—"Feb. 13, 1854 Received of Mr. C. Williams the sum of 30l. 5s. for three cows")—Reece Williams said, at the station, "I bought the cows at 8 o'clock last night, at Spicer's house, in John-street, off of Amos, for 30l. 5s.; I fetched them; Mrs. Cusden let me in, and let me out"—I said, "Mrs. Cusden?" and he said, "Well, it was a woman that lives over the head, I don't know her name"—her name is Cousins—I understood him to mean that she let him into Mr. George's shed to fetch the cows—he then said, "I did not fetch them myself, it was another man; I stood at the top of the mews, to turn them towards the Edgware-road"—I have tried to apprehend Amos, but have not been able to do so.
Cross-examined. Q. I believe the prisoners were both out on bail in the first instance? A. Yes; Reece Williams did not go with me into the country to try to find out Amos—Mr. George went round town with me—I did not hear from Reece Williams that he had been—I heard so at the station—I don't know of my own knowledge that he went over the country with his father-in-law to find Amos, I heard it at the station—when Charles said, "This will be the ruin of me," he was very much agitated—they were both there when I went—I rapped at the door, and they opened it—I only went once to the house—I took the cows—Lambourn was there also—they were with three or four cows—the name is up, "C. and R. Williams, dairymen."
JOHN TURNER . I live at No. 33, East-street, Marylebone. On Monday night, 13th Feb., a little before 11 o'clock, I saw three cows crossing the Edgware-road—they went down the New-road—there were two persons with them—I believe that Charles Williams was one—I have seen the cows since—they were the three I saw.
Cross-examined. Q. I believe you are an ex-policeman? A. Yes—I am now an attendant at a cab-stand—I have a pension.
MARY ANN CUSDEN . I live at No. 9, Burwood-mews, over Mr. George's cow-shed. On Monday, 13th Feb., I locked up the cow shed and took the key up stairs—about a quarter of an hour after I had locked the door, that is about a quarter before 10, I heard a knock at the door—I looked out of the loft window, and saw a man called Harry—I don't know his name; I believe him to be a friend of Amos, who was Mr. George's cowkeeper at that time—Harry asked me for the key, I threw it out to him—I have not seen Amos since; I saw Harry yesterday for the first time—Mr. George's name is over the shed—it is written large and well, so that any one can see it.
Cross-examined. Q. It is not "Mr. George," is it? A. It is "George, cow keeper"—Amos was a man I knew—I am not in the employment of Mr. George, I only live there—I always lock the door when I go to bed—the key is always left in the door in the day—Amos was there every day—I saw him take three cows out the week before I gave the key to Harry—I would not have given it to any one—if I had not seen Harry I would Dot have given the key—I knew him perfectly well—he was in the habit of coming to the shed.
MR. COOPER. Q. Amos was in the habit of going out with milk? A. Yes, and looking after the cows—I have heard that he was a cowkeeper himself at one time—I did not know him then.
THOMAS LAMBOURN (policeman, D 271). On 14th Feb. Mr. George came to our station—I sought after these cows—I went to the prisoner's shed—I saw Charles, and said, "Mr. Williams, there have been three cows stolen from the neighbourhood, can I look over yours?"—he said, "Oh yes; three cows stolen, where from?"—I did not answer that question, but walked down the shed, and the two first cows I got to were two of them—he said, "Have you any one else with you?"—I said, "Yes"—he said, "Call them in," and I called in Mr. George's brother.
Cross-examined. Q. I believe when the two first cows were shown, Mr. George could not identify the other, and Charles Williams said the third one was there; that he bought three last night at the same place, and pointed out the third cow? A. Yes.
NOT GUILTY .
MESSRS. COOPER and RIBTON conducted the Prosecution.
JOHN SMITH . I am a sheep salesman, and live at Kensal-green. On Thursday, 9th March, I had threescore sheep, marked "M" on the left side; they were in a field, nearly two miles beyond Kensal-green, in the parish of Willesden—I put them there myself, between 12 and 1 o'clock in the day-time, on the 9th—next day thirty-seven were missing, and only twenty-three left—they were worth 70l. 6s.; they cost 38s. a piece—I know Williams—I now know that he keeps a slaughter house—I went there on the 10th, about 9, or between 9 and 10 o'clock, with the sergeant—I there saw all the carcases of my thirty-seven sheep hanging up, skins and all—I was not able to identify the carcases, but the skins I did—I examined all the thirty-seven, and found my mark on them—I could swear they were the skins of my sheep—some of the carcases were warm, as if they had been recently killed—they were what we called Norfolk half bred sheep.
Cross-examined by MR. LILLEY. Q. Did you mark the sheep? A. No;
they were marked before I bought them—I bought them of a gentleman named Burnell; he is a regular salesman in the market, and sells a great many sheep.
JAMES SMITH . I am brother of the last witness, and live at Harlesden-green. I remember my brother having sixty sheep at Kensal-green—I saw him take them down to the field they were stolen from—I went there next morning, and found the gate drawn from the hinges—there were only twenty-three sheep there; I missed thirty-seven—I went to Smithfield to tell my brother, and afterwards went to Williams's slaughterhouse—I there found thirty-seven carcases and skins—I knew them again; they were the skins of my brother's sheep—they were all marked "M" on the left side.
JOHN LOMAS . I am a butcher, and live at No. 3, Salisbury-street, Lisson-grove. I know the prisoner Morris—I saw him on the evening of 9th March, in Stafford-street, Lisson-grove, about 9 o'clock—he was along with three men; two appeared to me like drovers—I saw them cross from one side of the road to the other, and I then saw a large number of sheep in the street that I was passing by—some of them were lying down and some standing up—I saw the two drovers take the sheep from there, and take them down into Mr. Williams's slaughter house—that was in the next turning to where I saw them—Morris went and got the keys of the place, I believe, and unlocked the place, and they were driven in—(he was with the men when they drove the sheep down)—Morris told me to go round to Sadler, a man that kills for him, and tell him he had got a lot of sheep to kill in the morning, if he would come and do them—I went to Sadler, but he said he could not come, because he had to go to market in the morning—Sadler is a butcher that kills for anybody—I then went and saw a man named Payne, whom I knew, who was out of work, and he came—Morris had not told me to go to him—I went with Payne in the morning to Williams's slaughterhouse—we went and called for Morris, and he went with us—Payne then commenced killing the sheep—I assisted him—I did not hear Morris give him any directions—Morris did not remain longer than five minutes—I saw him again in the afternoon—he came to the slaughter house with Williams—Morris is a carcase butcher—he and Williams took away the fat of the sheep; it was put into sacks, and the sacks were put into a cart of Williams's—there was thirty-three stone—they both got into the cart; I went in the cart with them to No. 1, East-street, Manchester-square—the fat was there put into the scale, and sold—Morris told me and Williams to go over the way and have something to drink, and stop there till he came—we went, and Morris came afterwards.
Cross-examined by MR. LILLEY Q. Where did Morris live? A. In North-street; that is a quarter of a mile from Stafford-street—he is a butcher, and keeps a shop in Wilson-street, Lisson-grove—he slaughters cattle on commission.
COURT. Q. What do you mean by slaughtering cattle on commission; do you mean that he is employed to slaughter cattle by the owner, he being paid so much a head for killing them? A. Yes; he will do that at times.
MR. LILLEY Q. Do not you know that it is part of his business? A. Certainly it is—I do not know that I have ever seen any of his cards; perhaps I could not read them if I had—I should say his shop is about forty yards from where I saw him talking to the men—I do not know whether, when people are employed to slaughter on commission, they have authority to dispose of the fat—I am not a slaughterman—I have not been employed to kill; in fact I am not a butcher by trade—I have never known sheep at Williams's slaughter house before.
Cross-examined by MR. PARRY. Q. How long have you killed at this slaughterhouse? A. A good while, for Morris; I have known him using Williams's slaughterhouse for the purpose of killing, four or five years—I did not kill on this occasion; I helped to pick the paunches—I am a tripe dresser by business—I know Morris very well—I had never killed any sheep at Williams's place before; I never killed at all; I have looked on, and picked the punches.
JOHN PAYNE . I am a butcher Lomas spoke to me, and I went to the slaughterhouse, between 6 and 7 o'clock—Morris went there with me—I saw thirty-seven sheep there—Morris ordered me to slaughter them, and I did so—Williams came in between 9 and 10 o'clock—he asked whose sheep they were—I said that Mr. Morris was my employer; I believed he had them to kill for a man at Newgate-market, as he told me—Morris gave me something to drink before I finished the slaughtering—I took off the skins, but did not dress more than half of them—I did not take any notice whether the letter "M" was on the skins—I had no suspicion Morris paid me the money for doing this—Williams did not give me a farthing—I never saw Williams but once.
Cross-examined by MR. LILLEY. Q. You had known Morris before, had you not? A. I had never spoken to him—I had seen him going up and down the street—I knew he was a butcher, by keeping a butcher's shop—Lomas came to me on the Thursday night, about twenty minutes past 10; I was at a public-house, having a glass of ale.
CHARLES WHITE . I am porter to Messrs. Harris and Bowles, tallow-chandlers. On Friday, 10th March, Morris came to me, with another man, with two sacks of fat—the greatest part of it was mutton fat—I took it in, but there was nobody at home; my masters were out.
Cross-examined by MR. LILLEY. Q. You did not pay him for it? A. No; I bought it of Morris—I had known Him about sixteen years—he always bore an honest character—he lived near, in William-street.
HENRY MARINER WHITE (policeman, D 13). On 10th March, between 7 and 8 o'clock, I went to the Plough Tavern, Kensal-green—I saw both the prisoners there—I took Morris, and said he must consider himself in my custody for stealing thirty-seven sheep, the property of Mr. Smith, of Kensal-green—he said, "All that I knew about it was, that I met two men on the road who asked me to drive them to the slaughterhouse, which I did"—he said he did not know the men—I afterwards went with sergeant Warren to the slaughterhouse, he found the skins—I examined them, and have them—they have the letter "M" on the side—we found thirty-seven carcases.
Cross-examined by MR. LILLEY. Q. How far is the Plough from the prosecutor's house.? A. Scarcely a quarter of a mile—Morris did not say that he had been there, or that he had come down to see the prosecutor—I do not know that he had been to find the prosecutor out—I did not know him before.
Cross-examined by MR. LILLEY Q. That they were given him by two men, to do what? A. To drive down to town, I think he said, but White was nearer to him than I was; he might have said "to drive to the slaughter-house."
to them—Morris said that the sheep were brought to his house by Dible, a butcher of Newgate market, that they were too tired to drive to market—this was written down—I asked him how he came to slaughter them—he made no reply.
Cross-examined by MR. LILLEY. Q. Do you know Dible? A. He has been apprehended since—I do not know him—I never heard the name before—I did not take down in writing what he said—he said they were too tired to take into the City, or to market, I cannot be positive which—I cannot be sure that the word "slaughterhouse" was not mentioned in the course of what he said—he said "City," or "market," those were the words—he never mentioned slaughterhouse—he did not say that the sheep were brought to his house for Mr. Dible—he said they were brought there by Dible—he did not say a word to me about their being brought by two men for Dible, and not a word about a slaughterhouse.
JAMES DIBLE . I am a butcher, in Newgate market. I have known Morris—I don't recollect seeing him at any time in March—I did not see him for two months before they took me up—I was not apprehended, I went voluntarily—I did not, on 9th March, give him any directions to drive any sheep for me.
Cross-examined by MR. LILLEY. Q. Are you a salesman in Newgate market? A. Yes; sometimes I kill 100 sheep, sometimes 200, and sometimes none—I sell my own things, and by commission as well, at so much a head—I have men who drive for me—the man that has driven for me for four or five years is Pemberton—I have occasionally other men to drive for me, but very seldom—I have known Morris ten or twelve years—I have sold him heads and plucks—I never knew where he lived, or his name, till I saw him at the police station—I never saw the sheep that he says I gave him, and never saw the field where they were put.
COURT. considered there was no case against Williams.
Several witnesses having deposed to the good character of Morris, MR. COOPER claimed a right to reply. MR. BARON MARTIN was of opinion that cousel had no right to reply upon evidence to character. MR. RIBTON called the attention of the Court to a recent case on the Home Circuit, in which MR. BARON ALDERSON had held that the right existed, and although it was seldom exercised, there might be cases in which counsel might properly claim it. MR. COOPER did not press it in the present case.
NOT GUILTY .
NEW COURT.—Friday, April 7th, 1854.
PRESENT—Mr. Justice CROWDER; Mr. Ald. SALOMONS; and Mr. Ald. CUBITT.
Before Mr. Justice Crowder and the Sixth Jury.
MR. PAYNE conducted the Prosecution.
THOMAS COOK . I am clerk to Mr. George Potter and another, lime merchants, at Purfleet-wharf, Earl-street, Blackfriars. On Friday, 17th Feb., I went to the London and Westminster Bank, in St. James's-square, between 3 and 4 o'clock; I received there 4l. in gold, and some silver—I had the money in my hand, and my hand in my pocket—when I was in St. James's-square, the prisoner and another man ran by me—the other man
ran by me, the prisoner was by my side, and something was dropped like a sovereign—the prisoner picked it up—it sounded like a sovereign; I had not time to see what colour it was—the other man said, "That is that boy's sovereign"—the prisoner said to me, "Is it yours?"—I directly took my money out to count it, and the other man came and knocked my elbow, and all the money fell into the road—I picked up some, and the prisoner's companion came and assisted me to pick up some—he gave me two sovereigns and some of the silver—I thought that the money was all right with the two sovereigns that I had picked up, and I put it in my pocket—the prisoner and his companion walked on to the corner of Charles-street, and I was informed they then ran—I did not see them run—I went on to the corner directly, but I could not see them—I thought the money was right, and I went on to the Strand—I there thought there might be something wrong, and I went into a jeweller's shop, Messrs. Vaughan's, and I showed Mr. Hitchcock the money—he told me there were two bad sovereigns, and he told me to go back to the bank, and tell them—I went back and told them—I then went home and gave Mr. Potter all the money, the good and the bad—he gave me the whole of it back the next morning—I kept it in my possession for about a fortnight, and then Mr. Potter said he thought we should hear no more of it, and I gave it him back again—I do not know that there was any mark put on it at any time.
Cross-examined by MR. METCALFE Q. Why did Mr. Potter give you the whole of it? A. That if they wanted me to produce it, I could produce it—I locked it up in the desk part of the time, and part of the time I had it in my pocket—I did not communicate with the policeman—I told the persons at the bank of it—I did not go to the police station—there is a police station in Fleet-street—this happened on 17th Feb.; I saw the prisoner again when he was taken by the police, which was within a month afterwards—I believe it was on 11th March—I was taken to the station to see the prisoner—serjeant Buck came to me—he did not describe how the prisoner was dressed before I went in—the prisoner was in a place with five or six other prisoners, not policemen, but prisoners—I do not remember how the others were dressed—some of them were a rough lot—two, who I suppose were prisoners, were dressed as respectably as the prisoner is—I gave a description to Mr. Potter, my master, of the persons who had done this—I first showed the money to Mr. Hitchcock—I then went to the Bank and showed it, and I showed it to my master—the prisoner's companion first passed me, and the prisoner came by my side, and dropped the sovereign—the other man said, "That is that boy's sovereign;" and the prisoner said, "Is it yours?"—I should think the whole occupied three or four minutes—when the prisoner said, "Is this yours? I took out my money to count it—the prisoner was standing close by my side, and the other man knocked my arm, and then the money was taken up and given me—I had not seen either of the men before.
MR. PAYNE. Q. Did any one speak to you after the men had left? A. Yes; Mr. Swift.
ROBERT SWIFT I am servant to Mr. Wreford, in Charles-street, St. James's-square. On 17th Feb., I saw the prisoner, and another man not in custody—I first saw them about 2 o'clock, and I watched them about an hour, or an hour and a half; they were standing in a gateway which leads to the stables of the Bishop of London, to seek shelter from the rain—that is about fifteen or twenty yards from the London and Westminster Bank—I saw the lad Cook between three and four o'clock, and I saw the prisoner
and the other man whom I had been watching, near him—I saw them busily in conversation with him, and I saw some sovereigns drop from the boy's hand—I saw the prisoner and the other man stooping down, pretending to assist the boy in picking them up, and in a moment after I saw the prisoner and the other man go to the corner of Charles-street, and then they ran away—J spoke to the boy Cook; and then I ran after them, but was not able to overtake them—I came back to the boy, and he showed me the money, and I saw two of the sovereigns were bad—I am positive the prisoner is one of the persons I saw.
Cross-examined. Q. When did you see the prisoner after he was in custody? A. At the Vine-street police station—Mr. Wreford's clerk took me there—I saw the prisoner standing on the steps that go down to the cell, and I identified him—that was about 11th March—I did not say anything to the police about this matter—we sent for a detective from the Vine-street police station—I do not know his name—the lad told me who he was—our clerk communicated with Mr. Potter on that day—I am not aware that I had seen the prisoner before that day.
JURY. Q. What induced you to watch the prisoner, and the other man so long a time? A. There was a boy came out of the London and West-minster Bank; he was counting some notes, preparing to put them into his pocket; I saw the prisoner and the other man follow him, and go very near him—I thought they were intending to rob him—that induced me to watch them.
JAMES HITCHCOCK . I am assistant to Messrs. Vaughan and Cotterell, in the Strand. I remember the lad Cook showing me two sovereigns—I weighed them, and they were light—they were not gold—they were counterfeit.
GEORGE POTTER . I am a lime merchant, I have one partner; I reside at Purfleet Wharf. I remember my boy bringing me 4l. 7s.—I had sent him for that sum—there were two sovereigns bad—I took them in my possession, and kepi them till the next day; I then gave them back to the lad.
Cross-examined. Q. Why did you give them back to the lad? A. Because I received a letter which I have here (reads—"4, Charles-street, St. James's; Sir, your boy, the bearer of this, has been robbed, and in the manner he will describe to you; the servant here saw it done, and the clerk and I saw the men and ran after them, but they escaped; I have sent for a detective, and given him full information. Yours faithfully, A. Elworthy.")—in consequence of this, I gave the boy the money.
Cross-examined. Q. Did you weigh them? A. Not in giving them out, but I did in taking them in—no one has access to my till but me—my till consists of gold and silver—I get it from the Bank of England, and supply my own till with it—I distinctly swear I did not pay the lad bad money.
COURT. Q. Did you ever give such things as these two bad sovereigns out from the Bank? A. No.
WILLIAM BUCK (police sergeant, F 5). I produce these two sovereigns, which I received at Marlborough-street Police court after the coin was examined by the officer—the lad Thomas Cook produced them—I took the prisoner into custody in Stanhope-street, Clare-market, on 6th March—I told him it was for robbing a boy; he said I had made a mistake—I took him to Vine-street, and the witness Robert Swift was sent for, who identified
him—on the morning of the 7th he was taken to Marlborough-street, and put behind the bar with several more prisoners—two or three of them were dressed very respectably—Thomas Cook came with Mr. Potter—I took him in the place, and he pointed him out.
Cross-examined. Q. Were you in Court while the other witnesses were examined? A. Yes; I heard part of the examination—I was ordered out, but I thought my evidence was not material—when I took the prisoner he said I had made a mistake.
Prisoner. When the constable took me I heard him telling the boy my description, and he brought him in, and said, "See if you can see him there;" the boy then came in, and he said, "I think that is him;" I was standing behind, and I was pushed forward for him to see me.
COURT. to THOMAS COOK. Q. Is that true? A. No, not a word of it.
GUILTY .* Aged 21.— Confined Twelve Months.
(There was another indictment against the prisoner.)
THIRD COURT.—Friday, April 7th, 1854.
PRESENT—Mr. Ald. FARNCOMB; Mr. RECORDER; and Mr. Ald CARTER.
Before Mr. Recorder and the Eighth Jury.
PLEADED GUILTY Aged 26.— Confined Four Months.
537. GEORGE SHEPHERD , stealing 1 sack, 1 bushel and a half of horse beans, and 1 bushel of oats, value 16s.; the goods of Peter Worsley, his master: and THOMAS REDWORTH , feloniously receiving the same.
MR. PLATT conducted the Prosecution.
PETER WORSLEY . I am a farmer, of Hayes. Shepherd was my servant, and had access to the stable in which the oats were kept, but not to where the beans were kept—on Saturday, 1st March, I missed about a bushel and a half of beans, and the same quantity of oats; they were worth 14s. or 15s. without the sack—I have seen the oats produced, and have every reason to believe they are mine, they are of the same description—there are Poland oats mixed with them, and it is very uncommon to mix Poland oats—here is a sample of my oats which contains black oats—this sack (produced) is one I bought some oats in a fortnight or three weeks ago; it is not mine, but I know it by a mark on it—it was in my possession a short time before this took place—I know Redworth by sight, he is ostler at the White Hart, which is thirty yards or rather more from my place—these beans (produced) are exactly similar to others I have, they are Suffolk ticks—the sample and the bulk agree; I have several sacks left—I believe them to be mine.
Cross-examined by MR. PAYNE. Q. How can you tell that it is not usual to mix white and black oats? A. You seldom buy them mixed—I did not mix these, they are as I received them—no one had access to where the beans were kept; Butler is a carter in my service, but he had not access there—I found the barn broken open, and the beans stolen, on the Saturday morning—sometimes Shepherd and Butler go out together, and sometimes they do not—they were at the same work together on this Saturday.
Shepherd. Q. Can you prove that it was me any more than you can prove that it was Butler? A. I have no reason to suspect Butler had anything to do with it, but I have great reason to believe you had.
Shepherd. Q. Did not you take me to a Tom and Jerry shop, where you were having some beer? A. Yes; Butler did not ask me to buy some iron, he asked me nothing—he never mentioned a word to me, he is quite a stranger to me; he was not present, he was in the Tom and Jerry shop, and you called me out.
RICHARD BUTLER . I am one of Mr. Worsley's servants, I know both the prisoners. On Saturday, 1st April, I and Shepherd were going by the White Hart Inn, at Hayes, with two dung carts; Shepherd was driving, and Red-worth, who is ostler at the White Hart, took a sack with something in it out of the end of Shepherd's cart and carried it into the stable of the White Hart.
Cross-examined. Q. Was it a sack your master had had some oats in a fortnight before? A. I cannot say, I did not take notice of the name on it—I was not nigh it—I do not know whether this produced is it.
Q. Now, be careful; on your solemn oath did not you sell the beans to the ostler, and have 7s. 6d. for them? A. No; I never spoke two words to him, I am quite a stranger to him—I have been in Mr. Worsley's service about a fortnight—I lived in Buckinghamshire before that.
Q. Did not you and Shepherd go together to the White Hart, and did not you ask 3s. 6d. for the beans, and 7s. 6d. for the oats, and say that the coachman had given them to you? A. No; I never opened my mouth to the ostler—I did not hear 3s. 6d. asked by Shepherd for the oats—I did not know what was in the sack, or anything about it—I did not take notice whether it was heavy or not—I saw the ostler take it in; it did not occur to me as strange, I never gave it a thought—I did not tell my master, I never saw him until I was taken—a policeman told me he wanted me to question me about it, and I walked to the station and sat there, and walked to Uxbridge to the Magistrate the same day, and was examined—the policeman asked me whether I had sold any beans to the ostler, and whether I did not sell some for 7s. 6d.; I said, "No;" I had not spoken to him, and I knew nothing about it—we were all three taken before the Justice, I was made a witness, and said I saw Redworth take a sack, and that I knew nothing about it.
MR. PLATT. Q. Did you see Redworth call Batt out of the White Hart? A. No; I was not in the White Hart—the White Hart is not the Tom and Jerry shop.
Shepherd. Q. Did you not go and have a pint of beer a piece? A. Yes, and James Batt came in and said, "Here is the rag and bone man, do you buy iron?" and he said, "No"—I did not say, "What do you give per cwt. for it?" nor that there was plenty in the cow shed—I did not say I had sent some sacks of corn out of my master's barn at Benham—I never worked at Benham—I did not go and try the barn, but there was a plough-share there with which you wrenched the staple out of the door, and said, "This is where the beans used to be"—this was on the same day, Saturday—I did not take a dung fork, I had my dung fork in my hand, and you said, "The beans are moved into the barn now;" I said, "What are they moved for?" and you said, "My horse had some of them, and I could get in
here if I had a mind"—I did not get into the barn—I did not take a bushel of beans out of one sack and half a bushel from another, I could not see any—I did not follow you behind, I went first—I was not fifty yards behind—I did not go to the White Hart door—the ostler did not come out to me; I never spoke to him—I did not sell him the corn or shoot the sacks—I did not put the sacks out of the cart; you have said what you did yourself—I did not sell him the corn—he did not give me a halfpenny.
COURT. Q. When did you see the sack of beans first? A. When they were taken out of the hind part of the dung cart, at the White Hart—there was nothing in the dung cart except that—both the sacks were empty; we were going to master's house for a load of dung—we had been up at the field and unloaded—I had not seen the beans till we came to the White Hart—he had his cart and I had mine—we took a load of dung to the field, and were returning—I saw his cart before we got from the field, but I was not near it—I saw the outside of it when we unloaded, but not the inside—I swear I never saw it in his cart—I was riding on my foremost horse when I first saw it—I am thirty-two years old, I think.
JOHN MITCHELL (police-serjeant). On Saturday evening I went to the White Hart and asked for the ostler—he was not at home—the landlord's brother gave me a key, with which I opened the stable door, and in the back manger I found a quantity of oats, which I have produced—I also found some beans in a sack in an out-house, and another sack with it, with a quantity of potatoes in it—I afterwards saw the ostler, and told him I should take him into custody; I asked him for the key of the knife house, and he said, "You will find some beans there;" I then went and found them—when Mr. Worsley saw them, he said he believed they were his, sack and all—Redworth, when I first asked him, positively denied having any beans.
Cross-examined. Q. When was that? A. After he was about two miles on the way to the station, and it was then that I asked him for the key—another constable took Shepherd.
(The prisoners' statements before the Magistrate were here read, as follows: "Redworth says, 'William Butler and Shepherd came together to the White Hart, and asked me if I would buy any beans or oats; I gave Butler 7s. 6d. for the beans, and I gave Shepherd 3s. 6d. for the oats; I was not aware that the oats were stolen; they told me that the coachman gave them to them.' Shepherd says, 'Butler took the beans, and took them into the White Hart stable.'"
Shepherd's Defence. I never stole any oats or beans, I only saw Butler steal them.
SHEPHERD— GUILTY . Aged 19.— Confined Three Months.
RED WORTH— GUILTY . Aged 20.
Redworth was further charged with having been before convicted.
JOSEPH CHEETHAM (policeman). I produce a certificate (read: Clerken-well, Feb. 1852; Thomas Redworth, convicted of stealing 18 lbs. weight of hay value 6d. Confined Ten Days)—Redwbrth is the man—he was a carter at that time.
GUILTY. Confined Six Months.
OLD COURT.—Saturday, April 8th, 1854.
PRESENT—Mr. Baron MARTIN Mr. Ald SALMONS; and Mr. Ald. MUGGERIDGE.
Before Mr. Baron Martin and the Second Jury.
MESSRS. BODKIN and PARRY conducted the Prosecution.
HARRIETT DURRANT . I am the widow of Mr. Jonathan Durrant, who died in Aug. last. The prisoner has been in my service four years and a half, as housemaid; I placed the greatest possible confidence in her—before March, this year, I had missed money for some time out of this purse (produced), in which I carried my money—Mary Elliott is a niece of my late husband; she came to live with me in Sept last—it had been his request that she should do so—she changed a 5l. note for me on Saturday, 11th March—she gave me 4l. 10s. in gold, and 10s. in silver—I placed it in this purse, in which there were two half crowns—I was not aware at that time that any money was marked, or was going to be marked—when I go to bed I keep my purse in my pocket behind my pillow—the prisoner slept in a room close to me, so that she could come in and out at any time in the night—she had been in the habit of sleeping there ever since she had been there—on the next morning, Sunday, Miss Elliott wished to go to Church, and asked me for some silver, as it was a charity sermon—I opened my purse to give her some, and missed two sovereigns and a half—when the prisoner came to take my breakfast things away, I said, "Fanny, I have lost two sovereigns and a half; I cannot think what I have done with it"—she said, "I recollect, Ma'am, when you went to bed, I heard something drop from your pocket"—she also said she did not look for it then as it was candle-light—I told her to look then—she looked, and found one sovereign by the bed steps—I then told her to look again—she did so, and found another sovereign—I said, "Now, Fanny, if you can find the half sovereign, it will e all right"—she found it; and I was so pleased, that I was almost simple enough to give her a present, but I did not—it was 10 o'clock in the morning when the money was found—I cannot say whether the prisoner went into her bedroom after I missed my money—I had never spoken to her about having missed money—my confidence in her was unbounded.
MARY ELLIOTT . I am a niece of the late Mr. Durrant; he died in Aug. last, and I went to live with my aunt in Sept. The prisoner was housemaid in her service, and received twelve guineas a year—I noticed from time to time that money was lost from my aunt's purse; in consequence of which, I made a communication to Mr. Davis, her trustee, in the country, and requested his attendance in town.
(MR. BALLANTINE stated that he was unable to struggle with the facts of the case, and that the money she had accumulated in the Savings Bank was invested in the hands of trustees for the benefit of her child.)
GUILTY . Aged 33.—To enter into her own Recognizance to appear and receive Judgment when called upon.
called upon by the conductor of an omnibus, near the Mansion-house, and a lady and gentleman pointed out the prisoners to me in the omnibus—I directed them to alight, and took the female prisoner to the Mansion-house—I then returned to the omnibus, and took the male prisoner to the station—I searched him, and found on him a purse, containing 8l. in gold, and twenty-one shillings in silver; a gold watch, a gold Albert chain, a diamond ring, a gold half mourning ring, three diamond studs, and a silver toothpick; in another pocket I found 1s. 8d.—he gave his address, No. 25, Sloane-square—I went there and found it was false.
Cross-examined by MR. BALANTINE. Q. The studs were in his shirt, were they not? A. Yes, and the rings on his fingers, and the watch in his waistcoat pocket—I am informed that they are not sham diamonds.
ESTHER MULLINS I am a widow, and live at No. 35, Webber-street. In the afternoon of 3rd April I got into a Bayswater omnibus near the Mansion-house—I had a little boy with me—there were three persons in the omnibus; the prisoners are two of them—I was not sitting beside either of them at first; but a few minutes afterwards my little boy got up outside the omnibus; I then moved my seat, and sat between the prisoners—I had a purse in my pocket on the right side, the side on which the female prisoner was sitting—it contained three sovereigns, a half sovereign, and some silver—presently the female prisoner asked me if it was a Paddington omnibus—I said, "No, it is a Bayswater"—I immediately put my hand into my pocket, and missed my purse—she immediately got up, and attempted to pass me rudely; but I put my hand before her, and said, "Stop a minute; I have lost my purse, and I must find it"—on that, the male prisoner turned about on the seat, as if he was about getting up, and then said, "Here, is this it?"—his hand was on it—it was my purse—I took it, and told the conductor to drive on, as I was satisfied, but the omnibus was stopped, and the prisoners were taken by a policeman—this is my purse (produced).
Cross-examined by MR. PARRY. Q. When Pearce said, "Here it is," where was it? A. Between him and another person—I was at the right hand side of the omnibus; he was at my left hand, and the purse was found on his left—when I first got in I sat on the left hand side; there was not a woman on my right then—as I moved up, persons came in—it was owing to my son leaving that the prisoners happened to sit next to me.
MART URQUHART . I live in Scotland. I was in London on 3rd April, and got into a Bayswater omnibus, near the Mansion-house, with my father and mother, and two sisters—I saw Mrs. Mullins sitting in the omnibus between the two prisoners when I got in—I think there were other persons in the omnibus—after I had sat down, Siddell said, "Is this a Paddington bus?"—Mrs. Mullins said, "No, a Bayswater"—Siddell said, "Oh! I have got into a wrong bus"—on that I told my father to touch the conductor, to let her out—Mrs. Mullins put out her hand, and said, "Stop a minute, I have lost my purse"—on that Siddell seemed very much agitated, and wanted to go out; she leaned backwards, placed her hand behind her, and passed the purse to Pearce—I immediately called out, "The male prisoner is an accomplice, the purse is passed!"—Pearce heard that, and looked at me—the omnibus was stopped, and a policeman came—I saw the purse in the female prisoner's hand, and saw her put it into the male prisoner's hand, and she said, "Say, you have dropped your purse; say you are my friend."
Cross-examined by MR. BALLANTINE. Q. Do you say you saw it in Pearce's hand? A. Yes; his hand was turned so (behind)—I did not see him grasp at the purse at all.
Cross-examined by MR. PARRY. Q. Were there other persons standing up at the time? A. I do not think there were—Mrs. Mullins was leaning forward, speaking in a very earnest way about the purse—there was a great deal of confusion, everybody on my side got up—there was nothing to hide the view I had—Siddell was on Mrs. Mullins' right hand side, on the further side from the door, leaning backwards—I mean to say I saw the purse in her hand, passing it towards the male prisoner—I did not see it till it was in the man's hand; it must have been placed behind Mrs. Mullins—Siddell put her right hand behind Mrs. Mullins, and the purse was found on the right—if Mrs. Mullins says it was found on the left, it is my belief that she is mistaken; one of us must be—to the best of my belief, it was on the right side of the prisoner.
JOHN WILLIAM CHANDLER . I was conductor of the omnibus. When we arrived at the Mansion-house my attention was called by Mrs. Mullins to the loss of her purse—Mr. Urquhart said, "Let neither of those persons out of the omnibus; that man has the purse, and that woman is in league with him; call a policeman"—I called the police.
THOMAS STEPHENS (City policeman, 17). I took Siddell into custody, and asked her address—she told me some coffee shop, near the Great Northern Railway—I inquired in the whole of that neighbourhood, but could find no trace of her.
Cross-examined by MR. PAYNE. Q. Are not there a great number of coffee shops round the terminus where travellers would stop? A. Yes—I inquired for her by the name she gave; she told me she had left a little boy in some lodging there, but I could not find him.
MR. PARRY to JOHN BUTLER. Q. Did not you hear her say she had come up from Hull by railway? A. She said she had come up from Hull, but she did not say by what railway, or which way she had come.
PEARCE— GUILTY .
SIDDELL— GUILTY .
Confined Twelve Months.
540. CHARLES THOMAS JONES and CHARLES ANTHONY PULL , were indicted for unlawfully obtaining an order for the payment of 2l. 5s., of Charles Allen, by false pretences: other COUNTS, varying the manner of stating the charge.
MESSRS. BODKIN and BALLANTINE conducted the Prosecution.
EDWARD TYRELL SMITH . I am the lessee of Drury-lane theatre. On 6th Feb. last, a man named George Carter was committed from Bow-street police court, on a charge of stealing play bills which were my property—I was the prosecutor of the charge—I know the defendant Mr. Pull—I never authorised him to act as my attorney, or to employ an attorney to act for me in that manner—I did not employ any attorney, or intend to do so.
COURT. Q. You never authorised him to act in that prosecution, or to employ any one for you? A. No.
MR. BALLANTINE. Q. Did Pull make any application to you on the subject of that prosecution? A. To Mr. George Wild, the manager; that was not in my presence—I heard that he had made a communication to Mr. Wild; but I told him I had determined to employ no attorney.
Cross-examined by MR. BAKER SMITH. Q. You have known Mr. Pull a long time, have you not? A. I have, perhaps six or seven yeans—I have employed him once or twice in common law matters—he has acted for me in the profession of the law, perhaps two years back—Mr. Wild is my acting manager—I allow him to exercise a good deal of discretion, as far as theatrical matters are concerned, matters connected with the theatre—these bills
were connected with the theatre—I have always found Mr. Pull a man of integrity in whatever I have had to do with him before; I am surprised to see him in this situation—I have been quite satisfied with his manner of doing what he did for me—I have employed him once or twice—I should not have done so if I had not been satisfied; it was in common law matters that I employed him—I know what common law is—I did not see any other person on the subject of this prosecution, except the Magistrate—I heard of Mr. Pull calling on me about it—I employed him in a matter at the Marylebone theatre, about two years ago; I cannot recollect whether that was a prosecution—I do not know that it was not—I did not go to the Clerkenwell Sessions, I was not required; I recollect having some business at the Clerkenwell Sessions-house—I did not employ Pull on that occasion—I was a member of the police force nineteen years ago—I did not know Pull then; I was superintendent of the police.
MR. BALLANTINE. Q. Did you know whether Pull was an attorney or not? A. I was aware he was not an attorney—I knew he was an attorney's clerk—I have seen him occasionally during the last two years—when Mr. Wild spoke to me on this subject I told him I was engaged, and not to annoy me; that I should not employ anybody.
GEORGE WILD . I am acting manager to Mr. Smith, at Drury-lane Theatre. I do not recollect the trial of Carter for stealing bills, I had nothing at all to do with it—I recollect the charge against him; I remember Pull coming to the theatre about that time—I saw him—he asked me if I would ask Mr. Smith to let him appear in the case against Carter—I said I would take the message, and I did; and Mr. Smith said, "Don't bother me, I have nothing whatever to do with it"—I gave Pull exactly that message—he did not upon that say anything about expense—nothing at all passed after that—I think he did say that it would cost Mr. Smith nothing, but I took such little notice of the thing at the time, I only delivered the message and the answer.
Cross-examined by MR. SMITH. Q. I think you stated that when Mr. Pull called on you, you went up stairs to Mr. Smith, and he was very much engaged? A. No; I went down stairs—I found Mr. Smith very much engaged, and he said, "Don't bother me"—I am his acting manager—I have to exercise a little discretion occasionally upon things connected with the theatre—I had nothing to do with these bills; Mr. Smith was very much occupied; it is very likely he had hardly time to reflect upon the subject of my message, and his own answer—I have known Mr. Pull a few years—he did two or three things for me respecting messages, during the Marylebone theatre time, that is about two years ago; it was in the legal department—I had heard that he was in the law, and employed him to do little matters in the law for me—I am not aware that he ever prosecuted anybody for me, or that he ever defended any prosecution for me—I do not think he called upon me more than once about this prosecution, I cannot call to mind but the once—I took a turn with him out of the theatre after delivering the message; we went and had a glass of ale—we did not sit down at all—I do not think we had a gossip, it must have been very little—I was on friendly terms with him—I never had any reason to doubt his integrity—I always thought him a downright good honest fellow.
Q. Do you recollect Mr. Pull saying to you, as the conversation drew to a close, "You know it won't cost Smith anything?" and then do not you recollect saying to him, "Well, well, do as you like, only it must not cost Mr. Smith anything?" A. Certainly not—nothing more passed while we were having the glass of ale; I did not go on talking about this prosecution—
I cannot tell what we talked about, I was not there above half a minute—I do not recollect his saying, "It shall not put Mr. Smith to any expense, the county will pay it, certainly not"—all I have stated took place at the commencement, and it was in the hall of the theatre, not in the tavern, we were not half a minute in the tavern; after having the glass of ale I returned—nobody else came to see me about this prosecution—at the same time that I delivered this message to Mr. Smith, I remember asking him about a private box for somebody—I do not know whether the person was waiting for an answer, but the message was sent to me while I was in the hall; one of, the men opened the door, and said, "Mr. Smith says it is all right, Mr. Wild"—I did not repeat the words, "It is all right," because the party was not there at the time; I was to send it to him.
Q. I ask you, putting a benignant construction upon this matter, might not Pull have misunderstood that answer as applying to his errand? A. Well, he certainly might, but I applied it to a private box—it was one of the carpenters that passed, and said, "Mr. Smith says it is all right"—I had asked him for a private box, or taken a message to him; it had nothing to do with this—Pull was there—he might have misapplied it to his errand; this was in the hall of the theatre—I recollect Mr. Serjeant Adams calling—I did not know the gentleman—he called on Mr. Smith—I saw him in Mr. Smith's room—I do not know whether he came for a private box—he was in the room previous to my going there—I was sent for, and Mr. Smith put the question to me as to what answer I returned to Mr. Pull, and I said, "I am quite certain he had nothing whatever to do with it"—the gentleman had his face to the fire, and he turned round and said, "I am quite certain you are speaking the truth, for you don't know me," and then I was introduced to him as Mr. Serjeant Adams—I was in character at the time, for this happened to be during the performance of the "Corsican Brothers "—I am quite sure he made that observation.
Cross-examined by MR. REED. Q. Did Pull call upon you one day before you gave him any answer, or before you communicated with Mr. Smith? A. I really am not aware; I do not remember—I believe three or four persons engaged at the theatre were witnesses in Carter's case—at this season of the year we are very busy; it was of importance that they should resume their duty at the theatre as soon as possible—I did not state that to Pull.
Jury. Q. Did you repeat the answer when the man asked about the private box? A. He did not mention about a private box; he said it was all right.
MR. BODKIN. Q. Was that before you had been in to Mr. Smith about Pull's message? A. No; he gave me Mr. Pull's answer then, and the other came afterwards, just as I was going out of the hall, after I had told Pull what Mr. Smith had said—I did not, upon that or any other occasion, directly or indirectly, authorise the employment of any solicitor to conduct the prosecution.
CHARLES ALLEN . I am deputy-clerk of the peace for Westminster. On 27th Jan. last, I was in the Court at the Sessions; Mr. Serjeant Adams presided—this (produced) is a certified copy of the record of the conviction of George Carter, charged with stealing bills belonging to Mr. Smith; he pleaded guilty—no counsel appeared in the case that I saw—if counsel make any application for costs, it is my custom to make a note of it in my book—I heard no application made by anybody for the expenses of the prosecution—I have no entry of it—no application
was made at the time of the plea—sentence was passed, and between one and two hours afterwards Pull came to where I was sitting in Court, produced this brief, and said, "Will you endorse the brief for the costs that have been applied for and allowed?" and he pointed out that there was an endorsement on the brief by Mr. Horry, "costs allowed"—this is Mr. Horry's signature.
(The brief was here read, as follows. It was endorsed "Middlesex Sessions, Westminster, 27th Feb., 1854.—The Queen, on the Prosecution of T. Smith, against George Carter.—Brief for the Prosecution.—Mr. Horry, one guinea. S. C. Horry.—Costs allowed.—Six months' imprisonment. C. T. Jones, 125, Long-acre." The contents were as follows;—"West-minster Sessions, 27th February, 1854.—The Queen, on the Prosecution of Edward Tyrrell Smith, against George Carter.—Brief for the Prosecution (see Indictment).—Case—The prosecutor in this case (Mr. Smith) is the lessee of Drury-lane Theatre. The prisoner was one of the bill distributors and supernumeraries at the theatre, in the prosecutor's employ, and his duty was to distribute and stick up the bills of the performance in various parts of the metropolis and suburbs. From information which came to the knowledge of the prosecutor (see depositions), the prisoner was given into custody. It was ascertained he had been in the habit of selling the bills by wholesale, for waste paper, stating that they were his perquisites. No one can tell the loss sustained by the lessee, not only of this but of other theatres, by such conduct, as there is no doubt the system has been carried on by others to a very large extent Whether or not Drury-lane was crammed to the ceiling every night, and whether or not many were unable to obtain admission, has nothing to do with the prisoner's conduct. Mr. Smith has no personal feeling against the prisoner, he has taken the matter up on public grounds. Counsel will be pleased to ask the learned Judge to take the case as soon as the bill has been found, on the ground that Mr. Smith has particular engagements at Drury-lane Theatre. Since writing the previous sheet, we are informed by Mr. Smith (through Mr. Wild) that he is not bound over to prosecute, the Magistrate conceiving the evidence sufficient without troubling Mr. Smith to appear. The case will therefore take its usual course, and there' will be no occasion to ask the Court to take it out of its turn. The bills in question were VERY LARGE posting bills, and coloured, and therefore very expensive. The prisoner disposed of them (it appears) to another party, who sold them for waste paper; yet Mr. Smith was charged weekly with the expenses of distributing, posting, (fee.; so that altogether, what with the charges for the bills, and the charges for posting, he was a loser of several pounds per week. In one packet was found twenty-six lbs. weight of them, purchased by a Mr. Cook, a waste-paper merchant, in Lambeth-walk, to whom it was stated they were perquisites, being out of date. He (Mr. Cook), we think, was much to blame for not making inquiries, when the course he might have adopted was so simple. There is, we are informed, another indictment to be preferred against Carter, by a Freehold Land Society, for similar conduct respecting their bills; but with that this case has nothing to do. Indeed, we may also observe, that Punch has suffered in the same way; but in his usual good-humoured manner, we understand, he has declined to interfere. We say again, the matter has been taken up on public grounds by Mr. Smith, as there is no doubt the managers of all the London theatres, as well as all public companies who have recourse to similar means of advertising, have been victimised in like manner. There are two witnesses in this case, Mr. Keeley and Mr. Dunning, who are engaged at Drury-lane
Theatre; and if the case could be brought on EARLY it would be a great convenience to them, so that they might return to their duties. Proofs Mr. Keeley.—To prove that witness is the inspector of bills at Drury-lane Theatre; that several bills (from information witness has received) were afterwards found, which ought to have been distributed; that witness knows the costs of the bills to the lessee of the theatre (Mr. Smith); and will prove what those found at Mr. Cook's (another witness) cost him. Call John Quinn.—To prove that witness received the bills of the prisoner for the purpose of sale, and afterwards sold them to the witness Tingay. Call Gillis Tingay.—To prove that witness bought the bills in question from the witness Quinn, and afterwards sold them to the witness Cook. Call Gustavus Dunning.—To prove that witness is employed at Drury-lane Theatre, and as such gave the bills in question to the prisoner for distribution and posting. Call Mr. Riley, for Cook.—To prove that witness bought the bills of the former witness, Tingay, who said they were, 'perquisites' allowed to the bill distributors at the theatre. Witness is a wholesale waste-paper dealer, carrying on business in Lambeth-walk. Call John Baker.—To prove that witness is a policeman of the F division, 118 F; took the prisoner into custody, and the prisoner said nothing to him, except that he 'knew nothing about the matter.'")—Witness. When Pull said that the costs had been applied for and allowed, I said I had heard no application for them—I had not left the Court at all—I referred to my note book, and found that there was no entry—Mr. Horry's name was endorsed on the brief as it is now, and Pull told me that Mr. Horry had applied—I said, as I had not heard it, he had better request Mr. Horry to renew the application—Pull then went to Mr. Horry and spoke to him, and Mr. Horry spoke across the Court to me, and said that he had made the application—that does not at all alter my opinion on the subject—I said, that having no entry in my book I must request him to renew the application—Mr. Horry then made the application, in the presence of Pull—he said he renewed an application that he had made in consequence of the officer of the Court not having heard it—Mr. Serjeant Adams referred to the depositions, and then allowed the costs, for which I subsequently signed the order.
COURT. Q. It is the practice, I presume, to apply for the costs? A. In all cases; it is the practice of the Assistant Judge, whenever a prisoner pleads guilty, if application is made by counsel for expenses, to enter the counsel's name in his note book.
MR. BALLANTINE. Q. I believe the costs are not granted unless an application is made? A. No; I should say, that I inquired at the Police-court, Bow-street, and no copy of the depositions was taken there, and no copy was taken at the Sessions-house—in a case where an attorney is employed for the prosecution, it is usual to obtain a copy of the deposition, either from the Police-court or from the Sessions-house—the depositions contain the evidence taken against the prisoner before the Magistrate—the attorney would pay a fee for a copy of the depositions—no copy has ever been applied for—an order from the clerk of the peace is the authority to the treasurer to pay the costs—on receiving the brief, my clerk comes to me to know what amount is to be allowed, and upon its being given to him he makes out the order—this is the order—(This was an order to the treasurer to pay 2l. 5s. in the case of The Queen v. George Carter, and was signed, "Vaugham, clerk of the peace")—Mr. Vaughan is the clerk of the peace to whom I am deputy—the 2l. 5s. is made up of 1l. 1s. for the attorney, 1l. 2s. 6d. for counsel, and 6d. fee for the clerk of the peace for preparing the order—(The order contained upon it the following receipt: "Received the contents, C. T. Jones")
—that order would not have been granted except on the assumption that the attorney had been properly instructed to prosecute—if the Judge had been aware that no attorney had been instructed, he would not have allowed it—on the Wednesday following, 1st March, something occurred which induced the learned Judge to ask a question of Pull—it was on another matter, and Pull was asked by the Judge if he had been concerned in any case that sessions before that day—he said he had, but he could not remember what—upon being pressed, he said it was Carter's case—the Judge then asked him whose clerk he was (he having previously said he was an attorney's clerk)—he said he was the clerk of a Mr. C. T. Jones, of No. 125, Long-acre—(I never saw Mr. C. T. Jones myself)—he said he became Mr. Jones's clerk on the preceding Saturday, the 25th—the Judge asked him whose clerk he was before, and he would not tell—he asked him whose clerk he was when he obtained instructions in Carter's case—he would not say—it ended in the Judge saying that he should make inquiries into the matter, and see whether his statements were correct—those inquiries have been instituted, and have resulted in the present inquiry.
Cross-examined by MR. SMITH. Q. I understand you to say that Mr. Pull was asked about this prosecution of Carter's; did not he volunteer the statement? A. No, certainly not; he was standing near the counsel's seat, and on being pointed out by the prosecutor in another case, the Judge directed him to come forward in the body of the Court, and he did—I conceive that he tried to conceal himself in the first instance—this brief was brought to me in the first instance by Pull, according to my recollection, two hours after Carter's case was over—I should say from one to two hours; I think I said so before—it was certainly more than three quarters of an hour, and more than an hour, to my recollection; I should say from one to two hours—I did not observe the brief so closely as to ascertain whether it was wet—I saw sufficient to see that it was a very improper brief, from the manner in which it was prepared—it is not at all in the form in which a brief is usually prepared—it is not the way in which I should prepare a brief—I am an attorney—I should do it upon an entirely different principle—I should not do it in such handwriting as that; this is entirely improper—the proper thing is to commence a brief with an abstract of an indictment—there is no reference to any indictment there—there are four sheets of paper in the brief, very badly filled—I should think they could be easily written in one hour—I do not know that all the information could be obtained in an hour—it could be obtained between the time of the witnesses going before the Grand Jury and the case coming into Court—the person who prepared the brief, having a knowledge of the fads sufficient to enable him to write it, could certainly do it in an hour—I have frequently seen Mr. Horry's handwriting; I believe this endorsement, "S. C. Horry, costs allowed, six months imprisonment," to be Mr. Horry's handwriting—you must be better aware than I am whether it is usual for counsel to receive a brief after a plea of guilty—properly, an attorney should receive written instructions before he acts upon them—briefs have been delivered to counsel, and costs allowed, in cases where prisoners plead guilty, on the immediate application of counsel—when a prisoner is arraigned, the counsel who appears for him usually mentions it in the ordinary course, so that the Court is aware at once whether counsel is retained or not; that is, if he is in Court—I am not aware that there was more than the usual confusion at the time of this arraignment—I have often heard counsel laughing and making a noise at such times, and at other times, also—counsel usually rise when they address
the Court, and I should have seen Mr. Horry, had he risen—I was occupied in taking the pleas of the prisoners—I cannot swear that no application was made within an hour of the plea of guilty—there was none to my hearing, certainly—I can only depose to my own knowledge—the application that I did hear certainly took place more than an hour after the prisoner had been sentenced—I could not at all judge whether this brief bad been written the day before it was presented to me; I could not, of course, swear that it had not—I saw no counsel appear when Carter pleaded guilty—I was busy—the business goes on with celerity—I made out the order for the payment of the money; the treasurer pays none without an order—the direction of the Court is my authority for giving the order; I received Mr. Serjeant Adams' direction in this case—I heard Mr. Horry apply to the Judge for the costs; that was more than an hour after the plea—he stated that he renewed the application.
MR. BALLANTINE. Q. I presume one of the first things you would do in making a brief would be to obtain a copy of the deposition? A. Yes, one of the very first things; it is not usual to travel out of the case shown in the deposition—there is a reference to the depositions in this brief, but there are none in the brief.
THOMAS HARPER . I am a clerk, in the office of the clerk of the peace—I remember Pull coming for the expenses in the prosecution of Carter; I asked him for the brief—he showed me a brief, I found it was not signed by the counsel, and told him he must take it into the Court and get it signed—I am speaking of the signature to the fee, that was not on it at first—he went away, and returned with the signature to it—I do not pay any counsel's fee except it is vouched by his signature that it has been paid—I took the brief into Court to ascertain what fee was to be allowed—I told Pull it was necessary that the principal should be present to receive the money; I did not ask him if he was the principal—he said he would bring Mr. Jones, and he should sign the order for the money—he left for the purpose, and returned in about half an hour with the other defendant Jones; Mr. Jones said, "My name is Jones, and I have called for my expenses"—Pull said, "This is Mr. Jones"—I handed the order to Mr. Jones to sign, and he signed this receipt on the stamp—I then paid the money to Jones in the presence of Pull—it was paid out of the county treasurer's money.
Cross-examined by MR. SMITH. Q. Was any charge made for depositions in this case? A. No, not any—the sum of 2l. 4s. 6d. was paid, 1l. 3s. 6d. was for counsel; leaving a guinea for the attorney.
MR. BODKIN. Q. If he had applied for depositions he would have had to pay for them, would he not? A. Yes, they are never allowed except specially.
JOHN ADAMS, ESQ . (Serjeant-at-law). I am Assistant Judge of the county of Middlesex—I was presiding in my court at Westminster, on 27th Feb.—I remember the prosecution of a person named Carter, he pleaded guilty—the clerk of the peace is not quite correct; whenever counsel appear for the prosecution or for the defence, it is my invariable practice, and has been now for a long period, to write the name down in my book—I do that whether the prisoner pleads guilty or not, I sometimes find it of use afterwards—Carter was arraigned with several others, and the custom is, when they are all arraigned, to select a certain number of cases to go to the second court, when there are two courts sitting; then the others are taken down while those who have pleaded guilty are sentenced consecutively—I remember passing sentence upon Carter—at the time I passed sentence no application
was made to me to my knowledge for the expenses of the prosecution; no counsel appeared—an application was made to me some time afterwards on the subject of the expenses of that prosecution—that was by Mr. Horry; my impression is that that application was nearly two hours after the man had pleaded guilty—I cannot of course, with the business I have to do, fix myself exactly to the time, but I am confident it was a very considerable period, and after the Courts were going on—I remember when Mr. Horry applied he said something about a mistake, but what it was I do not know, I think it was that he had not been present, but he gave me no impression that any application had been made about the costs—I remember turning to my left hand, taking the depositions, reading them, and saying it was a proper case for counsel, and I have a distinct recollection of writing Mr. Horry's name in the margin of my note book—I saw Mr. Smith after this at Drury-lane theatre; there were two or three most unpleasant and painful circumstances arising out of this; it is better I should say nothing upon that subject, but I thought it better before I gave any instructions to an attorney that I should ask Mr. Smith privately if instructions had been given, that was for the purpose of satisfying myself on the subject—I then did nothing more but go to the solicitor for the county and say, "I think it is a proper case to be inquired into, and I will do nothing further."
Cross-examined by MR. SMITH. Q. I have the peculiar felicity not to be at all known to you, Mr. Serjeant Adams; therefore, according to your own doctrine, I am sure your answers will be the truth? A. You must not quite take that answer in the way in which it was given, but it is quite immaterial—I did not go to the theatre to take a private box, or to witness a rehearsal, my days for witnessing rehearsals and private boxes have been over these thirty years—I did not say that the clerk of the peace was not quite correct; there is a difference between a person being himself quite correct, and giving an exactly correct account of what another does—he was correct as far as he went, but I do something more than he stated—he said nothing incorrect—I have not known him to be very incorrect; I think he is one of the most correct officers the Court ever saw—I remember Mr. Horry applying for these costs—I should never allow any costs in a prosecution without I thought the attorney had been properly instructed.
COURT. Q. You do not allow any volunteer to step in and take upon himself to prosecute an offender, and then allow him costs from the public funds? A. Certainly not; I never allow costs without application is made to me—depositions are never allowed for, except specially applied for; and not then, unless I think them sufficiently long to warrant it.
MR. SMITH. Q. Do you believe, as a gentleman of learning, and a very experienced Judge, that any attorney, or attorney's clerk, could draw a brief of four sheets, like that which has been read, without receiving instructions to do it? A. I am sorry you have asked me that question, because I must answer it; I have had a practice at the bar, before I was on the bench, of upwards of thirty years, and it is not the sort of brief that I have ever been accustomed to see for a prosecution.
MR. BODKIN. Q. As reference has been made to an observation in your interview with Mr. Smith, be good enough to relate what passed? A. It is hardly worth while; when I asked Mr. Smith the question, he said, "I will have my manager in;" and he said, "He shan't see you," or something of that sort—I had obtained my object, and then I interfered no, more about it.
JONES BAKER (policeman, F 118). I had charge of Carter, who pleaded guilty at the Westminster Sessions—Pull did not examine me as a witness, or take down my evidence; I never saw him—he was about the Court all the fore part of the day on which Carter pleaded guilty; I saw him near the Grand Jury room door, and in the Indictment-office, or against the door of it.
Cross-examined by MR. SMITH. Q. Do you know Pull? A. I had never seen him before—he told me on 25th Feb. that he was instructed to prosecute; that was on Sunday, two days before Carter was tried—it was at Bow-street station house—I am not aware that I gave him a great deal of information as to what had transpired—when he came to the station he told me he had been instructed by Mr. Smith, and had been to Drury-lane Theatre to see him, but being Saturday, pay day, he did not see him, but he saw Mr. Geo. Wild, which answered just as well—I did not converse with him as to the facts of the case, that I am aware of—on Monday morning he showed me a brief—I cannot say whether this (produced) is it or not; but I saw a brief like this in Pull's hand, early on Monday morning; it was between 10 and 11 o'clock, and before Carter pleaded guilty—Pull took down the names of all the witnesses as they were called in the Indictment-office.
Cross-examined by Mr. SMITH. Q. Are you in the habit of giving instructions in things that do not concern yourself? A. No; it would have been a very remarkable thing indeed if I had given instructions.
Cross-examined by Mr. SMITH. Q. Did not you take a message from Mr. Smith or Mr. Wild to Pull? A. No; I took a message from Mr. Pull to Mr. Smith that the prisoner had pleaded guilty, and was sentenced to six months—I saw Mr. Pull in Court, and he requested me, as a friend, to communicate the fact to Mr. Smith.
(Pull received a good character.)
The COURT considered that there was no case against JONES.
NOT GUILTY .
PULL— GUILTY . Confined One Month.
MESSRS. BODKIN and POLAND conducted the Prosecution.
CHARLES KING . I am a surgeon, and reside at No. 3, Brunswick-place, Shoreditch. I know the defendant—in consequence of an advertisement I saw in a newspaper, I saw him at the place where I now reside about the middle of June, 1852, and agreed to purchase his business—during the negotiation, he stated that he was a physician of the University of Edinburgh—when I went there, this document (produced) was in a frame on the mantelpiece in the front sitting-room, where the patients came—during the negotiation, he stated that he was a graduate of medicine of the University of Edinburgh, and that that was his diploma, pointing to it—he and I carried on business together for twelve months, at the end of which time he left, and two or three months after that I discovered that it was a forgery—
during the twelve months the diploma remained in the place where I first saw it—when I discovered that it was a forgery, I went to him, at No. 2, Amwell-terrace, Claremont-square, Clerkenwell, where he was carrying on business—on two or three occasions before that the diploma was the subject of remark, and he distinctly stated that he had been to Edinburgh—I pressed him more closely, and he told me he really was an M. D. of Edinburgh—I asked him if he had been to Edinburgh; he said he had, but that he was not there more than thirty-six hours—on another occasion, I pressed him more closely, as I could not understand how he had avoided the residence-clause, which was necessary, and he then told me he really had been to Edinburgh, that he had been examined in a room by three gentlemen, and was told to retire; was afterwards called in, and told that he had passed, and that he then and there paid the fees, amounting, I think, to about 30l., and that he was told that the diploma should be sent to him by post—he said he had avoided the residence-clause by means of presenting a thesis—when I went to him, I told him his diploma was a forgery—he said, "for God's sake, don't mention it; I have been deceived, but I can at any time go to Edinburgh, and point out the house where I was examined"—I then communicated with the authorities of the University of Edinburgh, and forwarded them this diploma.
Cross-examined by MR. CLARKSON. Q. Have you been long in the profession? A. I passed the Apothecaries' Society on 20th May, 1847, and the Surgeons', 20th April, 1848—I have never taken a Scotch degree—I should imagine it to be more difficult to pass the Scotch University than the Apothecaries' Company—I should not consider Mr. Bossy a superior medical man: skill, of course, is very much a matter of opinion, and if my opinion at any time clashed with his, I should prefer my own—I have never seen any advertisements in the newspapers, that a. Scotch diploma could he had by communicating with the party referred to; I have heard of diplomas being advertised for sale, but not specifying Scotch ones—I have not myself dealt in diplomas.
COURT. Q. Do you mean real bond fide diplomas; is that so? A. Not British diplomas; foreign diplomas.
MR. CLARKSON. Q. Do you know that German diplomas are got in that way? A. I suppose they are; I have seen them advertised; in fact, it is advertised every week in the Lancet, at the present time—you may be an "M. D." for a certain sum of money—when I discovered that this was not a genuine diploma, I required that the defendant should withdraw 100l. of the premium—it was a matter of two agreements; he agreed with me that he would accompany me in the business, and attend to the business with me for twelve months; he performed that agreement—this diploma was put up over the mantelpiece, so that it might be seen by all his patients; I cannot tell how many of the patients could understand or read Latin—I have walked Guy's Hospital; I have always understood that there is a necessity to reside in Edinburgh for a certain number of months, and there is a certain course of study necessary at Edinburgh for twelve months after passing a London examination; if a student enters on the first occasion, he must reside there four years; but after passing examinations here, I believe twelve months suffices—you must be nominally apprenticed for five years in order to become an apothecary—I served three—you must walk the hospitals for three winters and two summers—I am not the prosecutor, and I believe the authorities at Edinburgh are not.
MR. BODKIN. Q. My friend has asked you about 100l. being returned of
the sum given; had that anything to do with this forged diploma? A. Nothing at all; it was taken off because Mr. Bossy, who had agreed to go four miles in the first instance, now declined to do so, and requested me to give up a certain portion of distance, three miles on the west side, three miles on the south side, and one mile on the north side, for that money—the agreement was not altered at my instance, and the 100l. was in consideration of that.
MR. CLARKSON. Q. When was it that you discovered that this diploma was not genuine? A. After my first communication with Edinburgh, on 1st or 2nd Oct., 1853—I do not remember the day the defendant was given into custody; it is about six weeks or two months ago—I know that there was a communication to him from Edinburgh, and I know that he answered it—I do not know whether it was satisfactory or not—this paper (produced) is in his writing.
CHARLES JAMES HARRIS . I am secretary to the "London and Provincial Medical Directory." I believe the name of Mr. Bossy is inserted in that work for the year 1851—I believe it was inserted on the representations contained in this paper—I have no personal knowledge of him.
Cross-examined by MR. CLARKSON. Q. Have you been much acquainted with the medical world? A. I have been connected with the "Directory" for the last twelve years—I have heard of a German diploma; they are got in various parts, and give you the title of "M. D."—they are got without going to Germany.
MR. BODKIN. Q. These foreign diplomas are not at all estimated with respect to those of the College at Edinburgh? A. No; it is usual to add to the "M. D." the name of the place from whence the degree comes; I should not put it in without—Edinburgh is a very excellent school of medicine.
GEORGE WEBSTER . I have been acting as agent to several life insurance companies in London. In consequence of directions I had, I went down to Edinburgh University in the early part of Feb., and brought this diploma back with me—it had been sent down.
THOMAS TRAILL , Esq., M. D. I am one of the examiners of the Royal College of Physicians of the University of Edinburgh. This University issues diplomas conferring the rank of physician—four years' study is necessary to obtain it, three of which may be taken at any other University or established school of medicine, and one at Edinburgh—besides that, there is an examination—sometimes there are two periods for the examination, but the degree is always conferred at one—it is a personal examination—there are thirteen professors of the medical faculty, each of whom examine—they generally sit together two and two at examinations—it is a real examination, a searching one—this paper produced, with my name to it, is a forgery, and the seals are also forged—our diplomas are in the Latin language; this is somewhat to the same effect; this is a translation of it, as well as it can be made (produced), but the Latin is not very good—this case (produced) contains a genuine diploma.
JAMES BRANNAN (police-inspector, G). On 15th Feb., about 8 o'clock in the evening, I went with Webb, another officer, to the defendant's house—he opened the door to me—I said I belonged to the police—he asked me into his parlour—I told him I had a warrant for him, for forging and uttering a diploma purporting to be of the University of Edinburgh and to confer on him the degree and rank of "M. D."—he said, "Dear me, you surprise me n—I read the warrant to him; he said, "Is this likely to be serious?"—
I said, "I cannot say, Sir "—he said, "But, Brannan, you can tell me whether it is likely to be serious, or put me to any inconvenience "—I said, "The police are prohibited from giving any advice, any further than listening attentively to what is said, and repeating it afterwards if called upon to do so "—he said, "I will tell you all about it, and withhold nothing; I did not discover it to be a forgery until my late partner, Mr. King, told me; I then wrote to the authorities of the University of Edinburgh, and courted the fullest inquiry, and not having heard from them for several months, I thought it was perfectly satisfactory; while I was studying under Dr. Power, at Exeter Hall, a man used to meet us outside the gate, and he asked me whether I should like an "M. D."-ship; I told him I should very much; he told me to write a thesis on some disease, and he would negotiate for one for me; I wrote one on diarrhoea, and he charged me 23l.; I soon afterwards obtained one from Edinburgh"—I then took possession of some papers.
MR. BODKIN to DR. TRAILL. Q. Have you any memory of any examination of Mr. Bossy in 1846? A. He never was examined.
MR. CLARKSON to GEORGE WEBSTER. Q. When did you first see Mr. Bossy? A. At Worship-street Police court.
(The Defendant received an excellent character.) GUILTY . Recommended to mercy by the JURY on account of his character.— Confined One Day.
Before Mr. Recorder.
MR. JOYCE conducted the Prosecution.
JOHN THURSBY . I am a carpenter of 19, Bath-street Place, Poplar road—on Thursday, 13th March, I was working at a house in the North Woolwich road—I left off work before my son; leaving him behind with my tools—I heard of the loss of my tools on the following day, and went and missed them—these (produced) are them—some of them are marked with my name; there is the stamp that I marked them with (producing it)—these other tools are my son's; his mark is the same as mine.
JAMES THURSBY . I was working with my father, on 13th March, at an unfinished house in the North Woolwich road—when I left off work, I packed up my father's tools and mine, put them in the front of the house, locked the door, and left nobody in the house—the plasterer's boy came away at the same time as I did—on the next morning, between 6 and 7 o'clock, I found the door open and the tools and baskets gone—this is my basket, and these (produced) are my tools.
THOMAS KIRBY . I am a marine store dealer, of Woolwich—that is on the opposite side of the river to North Woolwich—on 14th March, Park came to my shop, and brought some tools for sale—I bought 2 planes of him, this produced is one of them; the other was sold before I received any information about them—he had other tools with him; I gave him 1s. for the 2 planes—he was alone.
Willis. I pawned them myself, in the name of John Brown. Witness. I believe it to have been Park, he had a coat on at that time—I am not very confident who it was—if you had given the name of John Brown, 10, Ann-street, I should not have put the name of Thursday—I asked you if that was your name upon the saw, and if it was your property, and you said, "Yes"—I did not go away for four or five minutes—I should not leave the counter.
THOMAS GERRETT . I am a broker, of Blackwall—on 16th March, Willis, to the best of my belief, brought a hammer and a pair of pincers, 2 files, 2 plough irons, and a chisel—he asked me to buy them, and I gave him 1s. for the lot—they are not worth more than 18d., they are all worn out.
Willis. It is false, I never sold you any tools. Witness. You had a light coat on then, and I am sure you are the man.
CHARLES FRANCIS . I am a furniture dealer, at Woolwich. On 14th March, a person, who I believe to be Willis, brought me a gauge and two gimlets, and asked me to buy them; I bought them for 8d.—here is the gauge and gimlets (produced).
EDWARD PATTE . I am a salesman, of Woolwich. On 14th March, between 3 and 4 o'clock in the afternoon, Park called on me with two squares, a bevel, a plane, and three chisels; here is one chisel here, the rest are sold—I gave him 2s. 6d. for them—I asked him if they were his property; he said, "Yes"—I asked him why he did not want them; he said he was going to America, and it would cost less to replace them there—I asked him his name; he said John Brown, Ann-street, Plumstead.
Park. I never saw the man in my life before.
JAMES WESTBROOK (policeman, R 114). On 20th March I was at the shop of Mr. Moore, at Woolwich; there was a man there named Sutton, who was showing these three duplicates (produced)—I made inquiries of him, and went with him to Barking-road, where Willis was at work—I asked him if he gave Sutton those three duplicates, showing them to him—he said, "I did"—I asked him how he accounted for them; he said, "Last Tuesday I met a man, in North Woolwich, who asked me to pawn three saws for him; and coming out of the pawn shop, he said he did not want the tickets as he was going abroad—I told him I did not feel satisfied, and took him to the station—I then searched his lodging, and found under the bed this carpenter's basket (produced)—next morning I asked him how he accounted for the basket; he said, "I found it two or three days ago in the Marshes, and brought it home full of wood."
JOHN WILSON METCALFE (policeman). On the 14th, I received information of this robbery, and went to Moore's, and saw the property—I went to Park's house, and asked him where he was on Tuesday; he said, "In bed"—I said, "All day?"—he said, "Yes"—the prosecutor, who was with me, gave him into custody—this was on Friday; I had received information on Tuesday—the prisoners live in Barking-road; Park about 200 yards from the empty house, and Willis about half a mile off.
Park's Defence. If I had known it, I could have got 100 men to prove that I was at home all day Tuesday, but they could not lose two or three days' work.
Willis received a good character.
PARK— GUILTY . Aged 22.
WILLIS— GUILTY . Aged 21.
confined six months.
EDGCOMB PLEADED GUILTY . Aged 15.
SCARBOROUGH, PLEADED GUILTY . Aged 14.
(It was stated that Edgcomb had been summarily convicted of stealing lead, and he admitted that this was the fact eight months ago.)
Before Mr. Justice Crowder.
PLEADED GUILTY . Aged 29.— Confined Six Months.
Before Mr. Baron Martin.
MR. THOMPSON conducted the Prosecution.
ANN MORRIS . I live at Greenwich; I sell sheep's trotters. On the night of 20th March I was in company with my son in the Greenwich road, leading towards Woolwich, at 12 o'clock—I had a basket, containing about 5s. worth of sheep's trotters, and about half a dozen eggs at the top of the basket—I put the basket down on the pavement—the prisoner came skipping and dancing along the road, and kicked my basket over—I did not see her till I heard her feet—she kicked my basket over, and knocked everything out of it into the road—she then went away along the road—my boy followed her, to ask what she did it for—I said to him, "William, my dear, come back; don't have anything to do with her; you know what she is"—I ran after him to bring him back away from her, knowing that she is a desperate character, and she made towards me with a knife, and stabbed me in the groin—I screamed for help, and the prisoner was taken into custody—I cannot say whether she was sober; I had not been in her company—I was sober.
JURY. Q. Did she stop purposely to kick over the basket, or did she do it as she passed? A. She stopped to do it on purpose.
Prisoner. I had been at work all day, and was at the Crown public house; this woman and her son came in; she was very drunk indeed; she went to the fireplace to light her pipe, and went to sit on the fender; she fell twice on the floor; the boy persuaded her to get up and go home; I never opened my lips to them; they went out, and I remained behind, to speak to an ostler there; when I went out they were having some dispute; the basket lay on the pavement; I said to the son, "Why don't you persuade your mother to get home, you see she has had something to drink?"—he said, "What has that to do with you, you——------b——?" and he struck me till I was black and blue; I crossed the road, and she was not content with her son ill-using me, but she followed me, and laid me in the road, tore off my bonnet, and cap, and shawl, and kicked me with her heavy boots till my hips were as black as my boots. Witness. I was quite sober—from half past 4 o'clock in the afternoon till 12 o'clock I had but two glasses of ale, and the share of a pint of beer between my boy and me—I was not drunk in the public house—I saw the prisoner come in at the door of the
Crown public house—I did not tumble down on the floor—my boy did not strike her, nor did I tear off her bonnet and cap.
WILLIAM MORRIS . I was with my mother on 20th March, in the Green-wich road—I had my basket on the pavement—the prisoner in coming along kicked the basket over—I ran up to her, to ask what she did it for—my mother called me back, and came to pull me away—I did not strike the prisoner—she ran up to my mother, and knocked her down—I went to lift her up, and she said, "I think she has stabbed me; I can feel the blood running down my knees"—a gentleman ran after the prisoner, and took the knife from her—my mother was not drunk; she had had a little—I was sober—the prisoner was intoxicated in one way, but not the other—I mean she had drunk a little, but knew what she was about—I was not with my mother in the Crown public house when the prisoner was there—we were not in any public house with her—my mother was not so drunk that she was not able to stand—I did not strike the prisoner, nor did my mother pull her bonnet and cap off.
GEORGE REED . I am a shoemaker, living in Trafalgar-road, Greenwich. On 20th March last, about 12 o'clock at night, I saw the prisoner with a knife in her hand—the large blade was open—I saw her shut it with her teeth—Mr. James, the baker, pushed her down, and I took the knife from her right hand, and gave it to the constable.
EDMUND PEARSON (policeman, R 261). On 20th March, about 12 o'clock at night, I went to a disturbance in Trafalgar-road, Greenwich—I saw the prisoner lying on the ground, and Mr. Reed holding her down—he gave me this knife—I heard the prosecutrix say she had been stabbed—I took the prisoner, and took her to the station—she was sober—the prosecutrix and her son were both sober.
WILLIAM STURTON . I am a surgeon, at Greenwich. On 20th March, about half-past 12 o'clock at night, I saw the prosecutrix at the station, at Greenwich—I found that she had received a punctured wound in the groin—all the articles of dress were cut through—it was a stab about an inch long, and about the eighth of an inch deep—it was bleeding profusely—I did not consider it a dangerous wound—it might have been caused by a knife of this description.
Prisoner's Defence. It could not have been very bad, for she was out with her trotters every day afterwards—I had no knife in my possession—I hope you will have mercy upon me.
GUILTY of unlawfully wounding.— Confined Nine Months.
Before Mr. Recorder.
PLEADED GUILTY . Aged 39.— Confined Eight Months.
(The prisoner received an excellent character.)
547. DAVID COLLINS , burglariously breaking and entering the dwelling house of George Russell, and stealing 1 coat, value 10s.; the goods of Joseph Lewis; and 1 cap, value 1s.; the goods of William Perfect: to which he
PLEADED GUILTY . Aged 26.— Confined Twelve Months.
PLEADED GUILTY .* Aged 24.— Confined Twelve Months.
549. EMMA BENGE , stealing, at Charlton, 3 yards of crape, 2 pots of jam, 1 bottle of wine, 9 yards of calico, 1 handkerchief, 1 robe, 2 caps, 3 towels, and two yards of silk, value 1l. 17s.; the goods of John Kirk Marsh, her master; to which she
PLEADED GUILTY . Aged 24.— Confined Three Months.
(The prisoner received a good character.)
JAMES TURNER WESTRON . I am a gunner and driver, in the artillery stationed at Woolwich. The prisoner is a gunner in the same regiment—on 20th Feb. I received a letter from my father, with an order, but it was not correct, and the sergeant advised me, in the prisoner's presence, to send it back, which I did on 21st Feb.; and not receiving any reply, I wrote on 5th March, and received an answer—I afterwards went to the post office on the 6th, and found that the order had been cashed—on 24th Feb., the prisoner had charge of the barrack room; that is, he was cook during the day, and had to take care of all things belonging to the men, and deliver them when they came from drill—we were all out on drill on the 24th, and he was alone in the room—when we returned, I found him there, and asked him if he had received any letters for me, and he said "No"—it was his duty to receive the letters—this (produced) is the order.
RICHARD WESTRON . I am the father of the last witness—I forwarded this order to him on 16th Feb., and it was returned to me, through a mistake of the postmaster at Falmouth—I went to the postmaster with it, he ordered me to in close it again, and it would be all right; I did so, and sent a letter at the same time—I afterwards wrote a note to my son to tell him I had had no reply, and he said he had never received it.
ROBERT GOURLAY . I am a bombardier in the artillery; that is the first promotion from the ranks; it is between a private and a corporal—there, are no bombardiers except in the artillery—I received the letters in the month of February—the man who has charge of the barrack room during the absence of the men on drill, is not supposed to quit the room except on duty; and if he goes out, he is supposed to lock the door and carry the key with him—if he goes out to a shop, or to the cooking house; if any letters are left in the room, he has charge of them—he is in charge of every thing, and receives letters for the men when they are out on drill—I do not recollect the prisoner being in charge on the 24th—I recollect well delivering a letter to the artilleryman in charge of the room, it was the first letter which contained the post office order, which did not agree with the letter of advice—I think I delivered a letter to Westron about eight days after the first—I think those were the only two letters—Westron was in the hospital when I took the first letter; but finding that he was discharged, I took it to the barracks—about a week afterwards I delivered another letter, directed "James Westron"—I know it was in the same writing, for he has letters very often.
Prisoner. You never bring letters to the room where I was? Witness, I go to the post office for the letters, and leave the whole of them together—I am not sure whether I left the letters in the prisoner's room, No. 69, or in the next room, No. 70, but I left them with the man in charge.
COURT. Q. Supposing you left the letter at No. 70 for a man who was in No 69, whose duty would it be to take it, supposing the men to be on,
drill? A. The cook; he is the only man who would be left at home—it would be the man in charge of No. 70 in that case—there is always one man to each room.
SUSANNAH CATHERINE ROBINSON . I am the wife of the postmaster at Woolwich—Westron brought me this order in February, there was some informality in it which required correction, and it was given back to him to get it corrected—after that, on 25th Feb., the prisoner brought the order, and my husband cashed it; he came at the time the bag was being made up, and I told him he must wait till it was made up—I looked at the order, and told him it had not been corrected—I had not seen it corrected, and I only told him so from memory—he seemed put. out about it, because I did not pay it; and my husband came up, and I think he said it had been corrected—I left the prisoner before my husband came—I saw my husband look at the back, and examine it, and he produced the letter—I saw my husband pay the prisoner some money—I am sure the prisoner is the man.
WILLIAM STONE ROBINSON . I am the husband of the last witness. I am postmaster of Woolwich—I remember seeing an artilleryman at my shop on the afternoon of 25th Feb., between 4 and 5 o'clock—I examined my books, and paid the money—I cannot recollect the person—I do not say the prisoner is not the man, and I do not say he is—the person produced a letter saying that the order was rectified—I was busy at the time, and did not take much notice—I had just despatched the bag.
NOT GUILTY .
MR. LILLEY conducted the Prosecution.
JOHN MORGAN . I am in the employ of Richard Parry, a clothier and pawnbroker at Deptford. On 22nd March, in the afternoon, I was outside my master's shop, taking care of the goods—I saw the prisoner come out of the Beehive public house, which is next door to my master's, take a pair of trowsers off a hook, and go into the Beehive again—I followed him in, and saw him hand the trowsers to another man in the passage—I asked him whether he had the trowsers; he said he did not know anything about them—the other man escaped—I called a policeman—the prisoner left the Beehive—I kept him in sight, and gave him in charge—these trowsers (produce) are Mr. Richard Parry's.
Prisoner. Q. Were you in front of the shop? A. Yes, five or six yards from you—you could have escaped if you wished—I am quite sure you are the man who took them, and not the other man—I cannot say whether you knew I was following you.
WILLIAM WYATT (policeman, R 278). I was called to Mr. Parry's house, and found the prisoner lying on the pavement, scuffling with Morgan and the shopman—I told the prisoner what he was charged with, and took him back to the Beehive—I there received the trowsers from the shopman—he is not here.
Prisoner. I was chastising the boy for taking the trowsers. Witness. You had been drinking, but knew what you were about.
COURT to JOHN MORGAN. Q. You did not tell us anything about struggling? A. The prisoner tried to escape, and the shopman would not let him go; he seized him, and they got down together and scuffled.
Prisoner's Defence. I had been putting ballast in a ship all night; there were seven of us, and we went to a public house and had some rum; we were drinking from 8 to 12 o'clock; I went to sleep for two hours, and when I came out the boy accused me of taking the trowsers; I never saw him before; the man must have taken the trowsers and ran away; I never saw the trowsers till they were produced at the station house; I had a drop of drink, and do not recollect their knocking me down at all.
JOHN MORGAN re-examined. When I went into the Beehive I only saw the prisoner and the other man—it was in the passage that he gave the trowsers to the other man, and then he went to the taproom door, and then walked out—I did not go into the taproom—the prisoner did not go right into the taproom; he gave them to the other man, and came out almost directly—he did not go into the taproom at all—the passage leads to the back of the house, it is a thoroughfare—I did not watch the man to whom the trowsers were given, I was looking after the prisoner.
Prisoner. Q. Why did not you speak to me first, If you saw me take the trowsers? A. I could not get close enough to you to speak to you, there were two or three people before me; I had to go through them before I could get nigh you.
CUMMINGS PLEADED GUILTY (†) Confined Six Months.
MR. METCALFE conducted the Prosecution.
JOHN WHITE (policeman). On Thursday, 24th March, I was on duty in Greenwich-road, and saw the three prisoners together—Cummings went into a pawnbroker's shop in the Broadway, came out and nodded her head to the other two, who were standing on the other side; she then went into the shop of Mr. Tigh, a pawnbroker: not into the pawning box, but into the shop—she came out in a few minutes, and they all went down High-street, Deptford, to Mr. Harris's—Cummings went in, came out again; and they went to Mr. Patty's, in the Lower-road, Deptford—at each place the others waited outside for her—I noticed that she had her hands under her apron—I got assistance from the Dockyard, and took them all into custody—I searched William White, and in his jacket pocket found this shirt (produced)—Cummings had a basket with her.
GEORGE MITCHAM . I am shopman to Mr. Joseph Patty, a salesman in Deptford-road. On Thursday, 26th March, Cummings came into the shop, and asked me to show her some shirts and chemises; she said they were not good enough for her—I agreed to take 2s. for one; she said she had got no money with her, she would come back in a few minutes and fetch it—I shortly afterwards saw a shirt in the officer's possession—this (produced) is it—it is my employer's, and one which I had shown to Cummings, but not the one she had agreed to take—there is a private mark en it.
William White's Defence. The shirt found on me I took out with me, and I was going into a convenient place to put it on, as the one I had on was all over blood; I did not know it was stolen; I received it from my wife, and she said she bought it.
JOHN WHITE re-examined. I did not see anything of the shirt until I had searched him—I found it in his left hand jacket pocket, at the station—I charged him with loitering about with intent to commit a felony, as
I did not know that a shirt had been stolen—when I found it, he said that Cummings had given it to him.
WILLIAM WHITE**— GUILTY on 2nd COURT— Confined Six Month.
ELIZA WHITE— NOT GUILTY .
MR. METCALFE offered no evidence.
PLEADED GUILTY *—Aged 40. Confined Nine Months.
Before Mr. Justice Crowder.
MR. SCRIVEN conducted the Prosecution.
THOMAS COLGATE . I am a green grocer. I lived, on 11th March, in King-street—on that day the prisoner Lynch came to my shop, between 12 and 1 o'clock, for 3 lbs. of potatoes; my wife served her in my presence—I saw her pay a sixpence; my wife gave her three pence change, and she left the shop—my wife turned the sixpence over, and handed it to me; I saw it was bad, and I called Lynch back, who was twenty or thirty yards off—I said to her, "Where do you live? this is a bad sixpence "—she said she lived nowhere—I asked her where she slept last night; she said some-where in the Borough, and she got the sixpence from her nephew—I was bending the sixpence in her presence, and she said, "Don't destroy it; I must take it back to my nephew, where I got it from "—I marked it, and bent it, and gave it her, and she left—I followed her, and saw her sit down at the corner of King-street, Old Kent-road, for about twenty or twenty-five minutes, and then the other two prisoners came up to her—she got up, and they had two or three words together, and went away together—I afterwards saw them in Surrey-square, which is 300 or 400 yards from where Lynch had been sitting—I gave information to a policeman—I then missed the prisoners for a short time—I saw them again in King-street, about 150 yards from Surrey-square—I saw Jones and Cowderoy leave Lynch, and go into Mr. M'Donald's, in King-street—Lynch was coining towards where I was standing—I saw Jones and Cowderoy come out of Mr. M'Donald's shop—I cannot say that they joined Lynch, but they went into Mrs. Herbert's, which is a few doors from Mrs. M'Donald's—I afterwards saw the prisoners taken; I went to the station with them—when Lynch was taken I observed a sixpence drop from the side of her; No. 209 picked it up, and showed it to me—it was the one I had been hammering and marked.
HARRIET JEFFRIES . I am the wife of John Jeffries, who keeps the Queen's Head, in King-street. I was at home on Saturday, 11th March; Jones and Cowderoy came in between 1 and 2 o'clock; Jones asked for a pint of ale, and she paid me with a sixpence—they drank the ale, and left—I had put the sixpence in the till—it did not remain long there before I went to the till again—I had three shillings and two sixpences in the till,
which I had brought down for change from my room—before I put those two sixpences in the till I had examined them, and knew them well—I noticed that they were much worn, and the sixpence that Jones gave me looked very new—after I had looked at it, I put it in the till again—I saw the prisoners go past my door in custody, about twenty minutes afterwards—I took the sixpence out of the till, and gave it to my daughter, and sent her with it after the policeman—I should know it again.
ELLEN M'DONALD . I am the wife of William M'Donald, No. 10, King-street, Old Kent-road; he is a greengrocer. On Saturday, 11th March, about 2 o'clock, Jones and Cowderoy came to my shop for 3 lbs. of potatoes—Jones paid me a sixpence, and I gave her 3 1/2 d. change—they both left the shop, and I put the piece of money on the mantelpiece—there was no other money there—my husband came home soon afterwards—I showed him the money; he took it off the shelf, and put it on again—he told me it was bad, and gave it to me—I took it to the station and gave it to No. 209.
Cowderoy. When Jones gave her the sixpence, a little boy gave her a sixpence at the same time; she had the two sixpences in her hand. Witness. A boy came in for a bundle of wood, and gave me a sixpence, which I put in my pocket—it was after that that Jones gave me the other sixpence—I was rather doubtful of it, and did not put it in my pocket, but on the mantelpiece.
MARY HERBERT . I am the wife of John Herbert, a greengrocer, No. 16, Old Kent-road. On 11th March Jones and Cowderoy came, about 2 o'clock, for some parsnips—Jones asked for them, and she paid me with a sixpence, and I gave her 4d. change—they went away together—the constable came in at the same time, and took the sixpence from my hand.
ISAAC HUNT (policeman, P 209). I was on duty, at Walworth-common; on 11th March—Mr. Colgate pointed out the three prisoners to me—they were just coming out of Surrey-square, and were together—I afterwards saw Jones and Cowderoy come out of Mrs. M'Donald's shop, and they went into Mrs. Herbert's—I saw Lynch; she was a few yards in advance of them, and as walking along very steadily—I went into Mrs. Herbert's shop—I saw Jones give her something, but I could not see what—I took it out of her hand, and it was this sixpence, which is a bad one—I told the prisoners they must go with me to the station for passing bad money—Jones said that they had not got any bad money, and she did not know that they had passed any—I directed another officer to take Lynch—he took her in my presence—in his catching hold of her hand she dropped a sixpence—I took it up and showed it to the first witness, who identified it as being the one which had been offered to him—I received a sixpence from Mrs. Jeffries, and another from Mr. M'Donald.
COURT. Q. When you saw Jones and Cowderoy go into Mr. Herbert's, where was Lynch? A. About twenty yards before them; she was walking along, I did not see her stop.
ELIZA SPREADBURY . I searched the prisoners at the station; I found on Jones 1s. 1d. in copper, and a bad sixpence, which I have kept apart from other money—I found on Cowderoy a bunch of keys, and on Lynch one halfpenny.
Lynceh's Defence. I did not know it was bad, I am half blind; I beg for mercy, I never was in custody before.
Jones's Defence. The money I passed was given to me on Friday night; I did not know it was bad.
Cowderoy's Defence. I was with this person on Saturday morning; I did not know she had any bad money; she made a couple of dresses for me.
LYNCH— GUILTY . Aged 75.
JONES— GUILTY . Aged 25.
COWDEROY— GUILTY . Aged 23.
Confined Six Months.
MATTHEWS PLEADED GUILTY . Aged 23.— Six Years Penal Servitude.
MESSRS. SCRIVEN and THOMPSON conducted the Prosecution.
JAMES BRANNAN . I am inspector of the G division of police. On Thursday, 23rd March, I went with other officers to No. 32, York-street, London-road, about half past 2 o'clock in the afternoon—the front door of the house was open, and we proceeded up stairs to the back room on the first floor; the door was opened by sergeant Richards, and we immediately rushed in, I saw the three prisoners sitting at a table which was close to a clear coke fire—Richards seized Matthews, and I saw Nevill seize the female prisoner, who had this plaster of Paris mould in her hand; and Evans seized Thomas; Nevill handed me the mould, which was so hot I could scarcely hold it, and in it was a sixpence and a great, as they now appear—on the fire I found this pipkin, which was then whole, but has since met with an accident—it had in it white metal in a state of fusion—on the table I found this teacup, containing fifteen sixpences in some sand and water—there was also on the table these two pieces of paper, with plaster of Paris adhering to them—I believe they are used for malting moulds—I found on the table this file, with white metal in its teeth—there was a saucer containing some white sand and water, and on the table was a jar containing some acid—I saved a portion of it—in a cupboard, in the room, I found this galvanic battery plate, with a piece of wire which has been used with solution of silver—I found a small portion of plaster of Paris in the cupboard, and on the table I found three shillings and a 4d.-piece, which were finished, and a sixpence which was unfinished, with the fragments to it not filed off—I found in the cupboard an earthenware dish with plaster of Paris adhering to it.
THOMAS RICHARDS (police-serjeant, M 10). I accompanied the last witness to York-street—I went into the back room, and saw the prisoners all sitting round a table—there was a fire—I seized the prisoner Matthews, and took from him a good 4d.-piece, and a bad sixpence not finished—he asked me to let him have the 4d.-piece again—the inspector called out, "Don't let him have it; most likely it is one they have been making from "—Matthews said, "It is so"—I saw a quantity of money on the table when I first went in, and on the fire was this pipkin; I saw it taken off—I saw this mould at the station, and I said to my brother constable, "I never saw any mould that made more than one piece before;" and Matthews turned round and said, "I have often made sixteen in one mould."
Thomas. This man never opened the door at all; Matthews was letting me out when this man came in, and he held up a hammer to Matthews, and made him go back.
WITNESS. I pushed the door open with my left hand—they were all sitting down when I went in.
THOMAS EVANS (policeman, G 145). I went in company with the last witnesses to the house in York-street—I saw the prisoners sitting down, and on the table were two counterfeit shillings, covered with wet sand—I took them up, and laid hold of Thomas, who was sitting close to the table—I took him to the other part of the room; I then examined his hands, and found they were covered with wet sand.
JAMES NEVILL (policeman, G 152). I accompanied the other officers to York-street—I took the prisoner Nevill—I took from her left hand this plaster of Paris mould—I took from the fire this pipkin, containing white metal in a fused state—the mould was quite hot, with a bit of rag round it.
GEORGE NEALE (policeman, G 204). I went with the other witnesses to York-street—I produce three shillings, two sixpences, and seventeen 4d-pieces, which I took from the table; it is all counterfeit money.
JOHN HARVEY (police-Serjeant, G 14). I accompanied the other officers to the house in York-street—I produce two shillings, three sixpences, and a 4d.-piece, which I took off the table, and a sixpence off the floor.
WILLIAM WEBSTER . This mould is for two counterfeit greats and one sixpence—it contains one 4d.-piece and one sixpence in it, and in the other place the get is full, but the 4d.-piece is not in it—this good sixpence is the pattern for the one in the mould—these seventeen 4d.-pieces are eight from one mould and nine from another—the sixpences produced by Harvey and Neale and Nevill are from the same mould—there is in all eight shillings, twenty-four sixpences, and nineteen 4d.-pieces—Brannan has produced three shillings, but they are not from the same mould—this sixpence has come from the mould, and is not filed—this battery is used to precipitate the silver on the coins; the silver is put into one jar, the sulphuric acid into the other, and the copper wire conveys the silver—this sand is used to take off the brightness on the coins—this plaster of Paris is used for forming the mould.
Thomas's Defence. I knew Matthews when he lived at Greenwich; I heard that he lived at this place; I went in the morning and knocked; the woman came to the door, and she said, "Come in and sit down;" she said "Can't you do a few things for me?" and I did; Matthews came home, and he said I ought to know better than to come in the daytime; he said "Come in the evening;" he opened the door for me to go out; I was just going.
THOMAS— GUILTY . Aged 20.
NEVILL— GUILTY * Aged 18.
Six Years Penal Servitude.
COCKRAN PLEADED GUILTY . Aged 18.— Confined Twelve Months.
MESSRS. SCRIVEN and THOMPSON conducted the Prosecution.
JAMES BRANNAN . I am a police inspector. I went, on 23rd March, to a house, No. 3, in Unicorn-court, Kent-street, Borough, about 10 o'clock in the morning—we gained admission through the adjoining house, and we proceeded to the house in question, and to the first floor room—the door was fastened, and serjeant Richards commenced breaking it with a sledge hammer—on his doing so, the top part of the door gave way, and I had an opportunity of seeing what was going on inside—I saw White jump on a table which was under the window, and he jumped out of the window on a roof, and he was followed by Cockran—when we gained admittance, Nevill followed them in the same way; he jumped out of the window on
the roof, and pursued the prisoners, who were soon afterwards brought back—on the table which I saw the prisoners jump on, there were nine half-crowns, twelve florins, 129 shillings, and 125 sixpences; and on the floor near the table, I found an oyster shell containing lampblack and oil, which is used to take the bright hue off the coins—White had jumped out of the window without his hat, and when he was brought back he asked me for his hat, and he pointed out to me where to find it; it was behind the partition—I gave it to him.
Cross-examined by MR. PAYNE Q. I suppose you went by arrangement? A. Yes, by direction of Mr. Powell.
THOMAS RICHARDS (police sergeant, M 10). I went on the 23rd, with the other witnesses, to the house in Unicorn-court—I went to the first floor room, and found the door fast—I broke it open with a sledge hammer—I saw the two prisoners getting out of the window—Cockran got out first, to the best of my belief—they were both on the push on the table to get out—they were near together—I saw them brought back—I found in the room eleven half crowns, seven florins, ten shillings, and twenty-two six-pences, and some tissue paper was hung upon a string in front of the window—I have been in the habit of passing by that house lately, and have seen both the prisoners up that court, perhaps three or four times a week.
JAMES NEVILL (policeman, G 152). I went with the other witnesses to the house in Unicorn-court, on the 23rd of March—I saw the two prisoners jump out of the window on to a shed, White went first—I jumped after them; I followed White along the roof of two sheds, we came to the back of a beer shop—he jumped into the yard, and I after him—he ran into the tap room and commenced pulling off his jacket, and I seized him—he had no hat or cap on, I brought him back to the room; he asked for his hat, and inspector Brannan picked it up from behind a screen, and gave it him.
ELIZA EVANS . I live at No. 299, Kent-street, in the Borough, at the corner of Unicorn-court—there are three houses down the court; they all belong to me—I let a room in the first, No. 3, to the prisoner White, it might be eight or nine months ago, at 3s. 6d. a week; but lately he has paid me 4s. a week—I think he last paid me about three weeks ago—the room is divided into two parts, and as he had the two rooms, I raised his rent 6d. a week.
Cross-examined. Q. What are you? A. A coffee-house keeper and lodging-house keeper; my other houses are let as separate tenements; I do not let them for a shorter period than a day or a night—some of my lodgers have been there some time—my husband is a grocer, in Bermodsey—I did not go before the Magistrate nor the Grand Jury—I was served with a notice, and came here yesterday—I always understood that White worked at the Docks; I have never heard anything against him; I do not think I went into the room during the time he was there.
COURT. Q. Had White ceased to live there? A. Yes; he and his wife have taken another room about three weeks ago—I have been paid my rent regularly.
WHITE— GUILTY . Aged 23.— Confined Eighteen Months.
MESSRS. SCRIVEN and THOMPSON conducted the Prosecution.
JOHN LEWIS CHANCE . I am barman to Mr. Lemon, at the King's Arms, Kennington-lane. On 24th March the prisoner came about 10 o'clock in the evening; he called for half a pint of porter, I served him, and he gave me a penny—he afterwards asked me to give him a shilling for a sixpence and 6d. worth of halfpence, and I gave him one—he afterwards called for half a pint of porter, for that he offered me a shilling—I directly told him it was a bad one—my master was in the parlour, he called out and asked what was the matter; I told him a man had given me a bad shilling—I gave the shilling to my master, and fetched a constable; I saw my master give the shilling to the constable.
Cross-examined by MR. RIBTON. Q. Was there not a gentleman in the shop? A. Yes—I did not put the shilling into the till—the prisoner paid me for the first beer with a penny—it was twenty minutes or half an hour afterwards when he called for the second beer—I gave him the shilling at the time he had the first beer—when I got the shilling from him, I said it was bad, and he said it was good, and he was saucy—when he was insisting on the shilling being good, he handed it to the gentleman who was there, and he said it was a bad one—the prisoner said to me, "Show it to your master; I am sure it is a good one"—I did not go into the parlour, my master came out—my master did not say he thought it was bad, but he. should not like to say so—he said decidedly it was a bad one—the prisoner still insisted it was a good one—he did not ask me to send for a policeman—my master first spoke about the policeman, and the prisoner said, "Do send for one, and he will decide it"—when the policeman came, he decided it—he was not in some doubt about it—he did not refuse to take the shilling—the prisoner refused to leave without the shilling was given up to him—he might have left, but he would not go without his shilling.
JOSEPH COSTER (policeman, L 126). I was called to the King's Arms on the 24th March, a few minutes before 10 o'clock in the evening—the prisoner was there, and was charged with uttering a counterfeit shilling—he said, "It is a good one, it is a good one"—I took him to the station—I pulled off his boots; I found a counterfeit shilling and three halfpence in his right boot, and in his right hand trowsers pocket I found 4s. 4d. in silver, good, and one halfpenny—this is the shilling that was found in his boot, he. seemed to have been drinking.
WILLIAM WEBSTER . These shillings are both counterfeit, and are struck from the same die—they are different from the others, these are German silver—the die in which they have been struck has been cut very badly—these are made in the same way that coins are made in the Mint—they are about five grains lighter than a new shilling, and about three grains lighter than a shilling that has been in circulation about fifteen years—they are very near indeed to the weight of good coins, and they will not bend in a detector.
MR. RIBTON to JOSEPH COSTER. Q. Did you find a hole in one of the prisoner's pockets? A. No; I examined them, I put my hand into the pockets and turned them inside out—I took the money out first, and then turned the pockets out to see if there was any more money concealed.
Witness for Defence.
HENRY GIBSON . I am an artist in fireworks, and live at No. 3, West-minster-road. I have known the prisoner nearly four years, he is my butcher—I buy my meat of him and my poultry; I do not know where he lives, T believe somewhere in the Borough-road—I saw him on the day he was given into custody—I had two pints of ale with him at the Rockingham Arms, opposite the Elephant and Castle—I first saw him between 3 and 4 o'clock, I stayed there with him about three quarters of an hour—he appeared to me to have been drinking—he was not drunk—he was not far short of it—I left him at the Elephant and Castle—I did not pay any money to him that day—on the day previous I paid him 15s. for meat and poultry—he paid for one pint of ale, and I for one—I saw six or seven shillings with him—I supply the theatre with fireworks, and they pay me in 1l. packets of silver rolled in paper and sealed up and signed; before now I have found bad sixpences and shillings in them, and that is taken back to the theatre and taken to the treasury, and they know whose packet this silver was put in by the mark, and the money taker has to be responsible for it—I never heard anything wrong of the prisoner, and I have left him in my parlour while I have gone away for change and other things.
Cross-examined by MR. SCRIVEN. Q. What time did you see him? A. Between 3 and 4 o'clock; I am not quite positive that it was on the 24th—I did not see him again that day—I did not see him at 10 o'clock at night—I have not seen him since then till now.
COURT. Q. Do you know whether it was the day he was taken up? A. I will not be positive.
MR. RIBTON. Q. When did you hear he was taken up? A. About two days after he was taken; to the best of my belief it was on the afternoon of the 25th, between 3 and 4 o'clock, that I was drinking with him—I think it was on a Friday—I did not notice what sort of boots he had on.
COURT. Q. Are you in the habit of frequently drinking with him? A. I see him sometimes three or four times a week; I paid him 15s. for meat and poultry; I think it was the day before, I am not positive—he always brings meat to my house—I have paid Jam sometimes 2l. at a time—I do not know where he lives.
(The prisoner received a good character.)
GUILTY . Aged 38.—Recommended to mercy by the Jury.— Confined Four Months.
MESSRS. SCRIVEN and THOMPSON conducted the Prosecution.
EMMA LASKEY . I am the wife of George Laskey, a baker, in Queen's-row, Kennington-road. On 18th March, about 7 o'clock in the evening, the prisoner came and asked for a quartern loaf—I gave it him; he gave me a crown piece—I gave him 4s. 3d. change, and he left—I immediately heard some one running; I went to the door, and saw the prisoner running—in consequence of that I went back to the till, and toot out the 5s. piece—I know it was the same he gave me, because there was no others—I put it on the mantelpiece, and when my husband came home I showed it him—I afterwards kept it wrapped in paper, till I gave it to sergeant Baldwin.
THOMAS BALDWIN (police sergeant, L 13). I produce this crown piece, which I received from the last witness on 25th March—I took the prisoner on Friday evening, the 24th; I had noticed him and another man in Kennington-road; they passed Mrs. Hodson's shop, and returned, and the prisoner
went into Mrs. Hodson's—I apprehended him after he had passed the money.
MARTHA ANN ROSE . I am shopwoman to Mrs. Hodson, a baker, in Kennington-road. On 24th March the prisoner came in the shop; he asked for a tea cake, and then said he would have three—he tendered me a 5s. piece—I said to him, "I can't take this, it is bad "—he replied, "It is good"—I still held it in my hand, and he said, "It is very good "—I gave it him back in his hand, and said, "I can't give you change; that is bad money"—at that moment the last witness came in, and attempted to take it from him; a violent scuffle ensued—the prisoner was taken.
EDWARD M'LEVY . I am in the employ of Mrs. Hodson. I was in her shop when the prisoner was there—I saw him in the scuffle put a 5s. piece behind a post in the shop, on the left hand side, close to the wall—I got it out afterwards with a knife; it was in a crevice—I delivered it to No. 61.
COURT to THOMAS BALDWIN. Q. In this scuffle you did not observe anything done with the 5s. piece? A. No; I found on the prisoner one farthing; nothing more.
Prisoner. When the policeman came he took me round the throat; the money flew out of my hand; I do not know where it went.
GUILTY . Aged 23.— Confined Six Months.
MESSRS. SCRIVEN and THOMPSON conducted the Prosecution.
JOHN KNIGHT . I keep the Swan Tavern, at Battersea—On Wednesday, 15th March, the prisoner came to my house about 4 o'clock in the afternoon; he called for a pint of 4d. ale, and tendered a 2s. piece—I found it was bad, and told him so; but I had previously put down the change on the counter—I returned him the florin, and took up the change—the prisoner was in company with a woman and a child—he then left the house—the female did not go with him—he returned in two or three minutes—they had paid for, the ale with a good shilling—they all went away together.
Cross-examined by MR. PAYNE Q. What time was this A. As near as I can recollect, about 4 o'clock in the afternoon—they were in front of the bar—the change remained on the counter till the woman gave me the shilling.
RICHARD VINE . I am toll keeper on Battersea bridge—on the, 15th March my attention was called to the prisoner; between 4 and 5 o'clock I saw him leave Mr. Knight's house, and go a short distance down the road, perhaps four or five rods; and I saw him in the attitude of throwing something over the fence in the Bridge-road into Mr. Freeman's garden—he immediately turned round, and went back to the Swan; he came out again with a female and a child with him—I watched them; they went down the road, and into Mr. Robins' beer shop; I gave information, and Thomas Fisher afterwards gave me a 2s. piece—I did not see him find it—I kept it in the cupboard separate from other money—I afterwards gave it to the policeman.
Cross-examined. Q. Did you not show it to any one, and say, "Here is
a bad florin?" A. Yes, to one or two; but it was not out of my sight—I showed it to our clerk, and one or two others; I am quite sure it did not go out of my sight; I am very careful—I did not put any mark on it.
THOMAS FISHER I am a labourer, and live at Battersea; I was in the toll house, and in consequence of what the last witness told me I went to Mr. Freeman—I did not go in; Miss Freeman came to the door, and gave me this florin—I kept it about two minutes.
Cross-examined. Q. How long did you keep it before you gave it him? A. I do not know exactly the time; not long—I am quite sure that the one I picked up was the one I gave to the last witness.
HENRY ROBINS . I keep the Two Brewers beer shop, in Bridge-road, Battersea. On 15th March the prisoner came with a female, between 4 and 5 o'clock in the afternoon—the female called for some beef, pickles, and bread; she paid with a sixpence and some coppers, good money—a few minutes afterwards the prisoner called for half a pint of 4d. ale—I served him, and he paid me with a florin—I saw it was bad, and told him so—he said nothing; a policeman was at the door—he had seen the prisoner come in, and he took him—I marked the florin, and gave it to the policeman within a minute after I received it.
Cross-examined. Q. You say the policeman was at the door? A. Yes—the prisoner had been talking to the policeman just before—the prisoner had been drinking—the woman had a child with her—she and the prisoner appeared to be man and wife.
COURT. Q. Did the prisoner speak to the policeman before he paid you? A. Yes, and he was going to speak to him afterwards.
THOMAS BASSETT (policeman, V 70). In consequence of information, I went to Mr. Robins' beer shop—the prisoner was at the door—I spoke to him—he passed a remark about a piece of bacon that was outside the door—he then went into the shop, and Mr. Bobins gave him in charge for passing a bad florin—I was called in and took him—he said he took the florin in change for a half sovereign—he could not tell exactly where.
Cross-examined. Q. Did you hear him ask his wife the name of the place? A. He asked her, but she could not recollect where; I heard her say it was at a public house near the steam boat pier.
(The prisoner received a good character.)
NOT GUILTY .
MESSRS. SCRIVEN and THOMPSON conducted the Prosecution.
JOSEPH GEORGE FLEMING . I am a tobacconist, and live in London-road, Southwark. On Friday, 10th March, the prisoner came to my shop, about 2 or 3 o'clock, and asked for a quarter of an ounce of snuff—she tendered a sixpence in payment—I examined it, and told her I did not like the look of it—she said she had taken it of a costermonger woman to get the snuff—I showed it to a man, and he said he wished he had a sack full of them—I only judged from the appearance of the sixpence—there is a small detector on the counter—I believe I did use it, but not sufficiently for it to have any effect on it—after the prisoner had left, I showed the sixpence to Mrs. Fleming, and told her I did not like the appearance of it—I proceeded after
the prisoner, and found her standing at the corner of Garden-row—I said to her, "I don't like the appearance of it"—she repeated that a costermonger woman had given it to her, and she was gone, but she would see if she could find her—I followed the prisoner till I saw a policeman on the opposite side of the way—I called him, and showed him the sixpence—he said it was bad; he defaced it, and returned it to me, and I kept it—the prisoner said she was not at all aware of it—I did not get my change back, nor the snuff—she said she had given them to this costermonger woman.
WILLIAM WELLS (policeman, L 94). On 10th March, I saw the prisoner and the last witness in the London-road, about 2 o'clock—he called me over and showed me this sixpence—he said the prisoner had tendered it to him for a quarter of an ounce of snuff—I said I thought it was bad, and asked the prisoner where she got it—she said some woman with a basket gave it her to go and get a quarter of an ounce of snuff and she did not know who the woman was—I did not take the prisoner into custody—this is the sixpence.
RUPERT WRIGHT . I am landlord of the Three Compasses, in Little Guildford-street. On 10th March, the prisoner came to my house, about 7 o'clock in the evening—she asked for a pennyworth of gin—I served her, and she gave me a sixpence in payment—I told her it was bad immediately—I could tell it by the appearance of it—I took a pair of pliers, and cut the edge of it—I threw it on the counter—a man who was there got up, and said, "Don't take the gin away, I will pay for it;" which he did—he said, "Don't take the sixpence away; I will try it with a loadstone"—he took it, and sat down, and the prisoner said to him, "Throw it behind the fire"—the prisoner went away, and, in less than 5 minutes, Mrs. Syers's little boy came in for change for a sixpence which was bad—I went down to Mrs. Syers's with him—I found the prisoner in Mrs. Syers's shop—I got a policeman, and gave her in charge—I kept the sixpence that the little boy brought—Ellis, the man who had paid for the gin, was still in my house, sitting before the bar—he still had the sixpence.
Prisoner. The sixpence was given to several other persons, besides Mr. Ellis. Witness. No, it was not; he came to the counter, where you tried to pass it, and he put it in his pocket.
JOHN ELLIS . I live in Castle-lane. I was at Mr. Wright's shop on 10th March, about 7 o'clock in the evening—I saw the prisoner come in—she asked for some gin, and tendered a sixpence for it—Mr. Wright tried it with a pair of pliers—I said I knew a man who had a detecting magnet, and I should like to try it—I put it in my pocket, and afterwards gave it back to Mr. Wright.
Prisoner. Q. Were there not three or four other men who looked at it? A. Not that I know of—I took it from the counter, and put it into my pocket.
MARY SYERS . I am the wife of Edward Syers. On 10th March, the prisoner came about 7 o'clock in the evening, and asked for a bundle of wood and a candle—she tendered a sixpence in payment—I gave it to my little boy to go to Mr. Wright's to get change—Mr. Wright came to my house, and saw the prisoner—he said, "That is the same woman; I am determined I will lock her up; she was at my house five minutes ago"—an officer was sent for, and she was given into custody.
Syers, and took the prisoner—I produce two bad sixpences, which I received from Mr. Wright.
Prisoner. I am an unfortunate girl; I took the two sixpences that night; I went to the first house; they said the sixpence was bad; I did not think it was; I went to the other house, and was taken; the first sixpence was given me by a woman, whom I tried to find but could not.
GUILTY . Aged 24.— Confined Six Months.
MESSRS. SCRIVEN and THOMPSON conducted the Prosecution.
ELLEN DICKENSON . I am barmaid at the Hole-in-the-Wall, in Bermondsey. On 15th March, the prisoner came for half a pint of porter—he gave me a sixpence—I examined it, and told him it was bad—I asked him where he got it; he said his father had given it to him—I called our potman, who said he knew him—I put the sixpence into a half pint pot, which was not engaged, over the fireplace—I had put my teeth to it, but I do not think I made any mark on it—on the 18th I went to the pot, and found the sixpence in the same place—I made a mark on. it then, and gave it to the officer.
JANE JARMAN . My father keeps the Hole-in-the-Wall—I serve in the bar—I did not at all interfere with the half pint pot in which the sixpence was—my sister and the barmaid serve in the bar—my father and mother do sometimes, but very seldom.
ELLEN CROFTON . My husband keeps the India Arms, in Gainsford-street On 18th March, the prisoner came between 10 and 11 o'clock for half a pint of porter—he put down a shilling on the counter—I saw it was bad; I told him it was bad—I took it up, and tried it, and bent it—a person put his head in at the door, and said, "Be cautious what money you take of that person; he has offered bad coin at our place "—the prisoner heard that, but he made no answer—I sent for a constable—the shilling laid on the counter a few minutes—I put it on a shelf—I showed it to my sister, and then gave it to the policeman.
Prisoner. The gentleman gave it to the persons all round. Witness. No, it was not given to any one.
GEORGE DEERS . My aunt keeps the Grapes public house. I remember the prisoner coming there on the evening of 11th March—he called for half a pint of beer—he tendered a shilling in payment—I looked at it, and told him it was bad—I tried it with my mouth, and bent it—I threw it on the counter to him—he took it, and went away.
Prisoner's Defence. I get my living by costermongering; I took one at Dartford, and the other at Bexley-heath, in going about to get my living with a basket.
GUILTY . Aged 17.— Confined Six Months.
MR. DUNCAN conducted the prosecution
ALICE GILES . I am the widow of the late George William Giles; he was a law writer, and was aged thirty-two years—we lived before this oocurrence, in Feb., at No. 1, Princes-street, Commercial-road, Lambeth—I have one child. On Saturday night, 25th Feb., he came home about 12 o'clock at night—in consequence of what he said he and I went out together, a little after 12 o'clock; we went to the end of the Cornwall-road together—I saw the prisoner, who was then a policeman, L 103—my husband said to him, "103l., I will go and report you"—the prisoner took hold of him by the collar, and said, "You are come out again, are you? now I will take you"—I put my hand on the prisoner's shoulder, and said, "Don't take him! don't take him! he will not report you"—the prisoner said; "If you don't get away, I will take you both"—my husband struggled—I had bold of his right arm, and he had a roll of paper in his right hand—he had' no stick, only a roll of paper—I believe he struck the prisoner with the roll of paper, but it must have been very slightly, for I had hold of his right arm—the prisoner had bold of him all the time—when my husband struck him, or was supposed to strike him, the prisoner said, "That will do, old fellow; that will do, old fellow; come along, old fellow; come along, old fellow;" and he took his staff out of his pocket, and struck my husband across the head twice—he struck him behind the left ear, towards the back part of the head; the blows were very severe—when the prisoner struck my husband he dropped the paper, and took hold of me with both hands round the waist, and I and my husband both fell on the ground—it was the weight of my husband taking hold of me made me fall—I heard some one say, "You are exceeding your duty, policeman;" that was said at the same time that the blows were given, or directly afterwards—I did not see the person come up who said that—when I and my husband went down, I remember the prisoner kneeling on one knee by the side of us—I am sure no one but the prisoner struck my husband—the prisoner sprung his rattle, and another officer, L 181, came up—the prisoner took my husband to the Tower-street station, and I went there too—my husband was locked up and in the morning I procured bail, and he was liberated—I brought him; home in a cab, about half-past 10 or 11 o'clock—he complained very much of his head, and he went to bed directly after he got home—he did not get up till tea time—I called him to get up, and he again complained—I felt his head, and found a lump on his head behind the ear, on the left side; that was the position in which the blow was given, in which the staff came down—the blows were delivered very near together—from that time down to the time my husband died, he very often made complaints respecting the pain in his head—he complained at times, and at times he went to his work—he did not go to his work continuously, as at other times—he was irregular, and one week he stayed away entirely; that was the middle week—he complained of his sight failing; he said his sight was going away—he often complained of being giddy, and of a weight in his head—I requested him to go to a surgeon—on Sunday, 19th March, I went to the station, in Tower-street, about 10 o'clock in the morning—I found my husband there; he did not know me, he was quite unconscious—from there he was taken to the workhouse; they would not allow him to go to the hospital—he never spoke to me again—he expired the next day.
Cross-examined by MR. BALLANTINE. Q. Was he rather given to drunkenness? A. He was not a drunken man—he had been drinking the night the blow was struck—he had not lately had much money to spend in drink
—he had not particularly injured his health formerly by drink—he was not regular in his habits—when he came in that night he told me something, and he and I went out together—he told me he had been insulted by a policemen, and he would go and report him—he had been drinking, and I advised him not to go out—I would have kept him in if I could—he had been drinking, and was very obstinate.
Q. Don't you know that he had a stick with him, and went out with a stick? A. I am confident he had not—he had nothing but a roll of paper—he went out to go to the station to report the policeman—the prisoner was not on the ground, only on one knee—I do solemnly swear that he was not lying on the ground during any part of the time—he was on his knee holding my husband down—I believe that brought him on his knee to hold my husband down—I remember his being kneeling down—I can't tell how he came there—I and my husband both fell, and in getting up I saw the prisoner on his knee—he knelt down by the side of my husband at the time he was on the ground—it was not my husband that knocked the policeman down—my husband was taken up for this, and the Magistrate committed him, because he could not decide between the two evidences—it was three weeks after this that he unfortunately died.
Q. Don't you know that he was taken up drunk on the night he was taken? A. I had not seen him since the morning—it was quite uncertain about his coming home to dinner; sometimes he did not—it was on Saturday night he was taken—when he went out he was going for some depositions—this occurred in the Commercial-road, near the Cornwall-road—there were not a good many persons about when I went up, there was only the prisoner and an old woman.
JOHN SCOTT . I am a batter, and live at No. 52, Commercial-road, Lambeth—on the night of the 25th Feb., I was at the corner of Cornwall road, about 12 or half-past 12 o'clock—as I was turning out of the Cornwall-road to the Commercial-road, I saw a policeman (the prisoner) and a man struggling together—the policeman was shoving him forward by the collar—I saw the man resist him a little, and say he would not be shoved, or something, and the policeman took out his staff and hit him upon the head with it, and the man, I think from the effect of the blow, fell on the ground—I saw two blows struck, on the left side of the head, as near as I could tell—he had hold of his collar with his left hand, and struck him with the truncheon in his right hand—I should say they were very severe blows—I went up to the policeman and told him I thought he was exceeding his duty by striking the man with his truncheon—after the policeman struck the man, the man went down on his side or his back, and the policeman went down on his knees, and held the man on the ground for some short time—he then got up and sprung his rattle, and another policeman, Kennedy, 181l., came to his assistance—he told the other policeman that this man had struck him with a stick, and he took the deceased man to the station—I likewise followed, to state to the inspector what I had seen—the widow went with me, and the other policeman—I stated to the inspector, after the charge was made, what I had seen of it; and the prisoner turned round and accused me with throwing him down first, and attempting to rescue the deceased—I had not attempted to rescue the deceased man—I had not laid my hand on the policeman—when the prisoner charged me, I was locked up for the night, and brought before the Magistrates on the Monday morning—I was bound over to appear on the next Monday—eventually the deceased man was bound over to appear at the Sessions, and I was discharged—I did not see
any stick while I was there on the night in question—I don't know that I had ever Been the deceased man before—I am confident I had no conversation with him.
Cross-examined. Q. You were not discharged, were you? A. The Magistrate discharged me; he said, "You are discharged, but you must enter into your recognizance to keep the peace for three months"—the deceased told the Magistrate he had been struck, and wished them to feel his head, but they did not—I was going home that night, I was close to my own home, about three or four doors from where I five; I saw the policeman on his knees, he fell after he hit the other man—he had the man by the collar, and he struck him—the man went down, and he went down on his knees after him—that is what I mean, and what I say, and that is the way in which it occurred—I did not see the policeman on the man—I do not know that I was quite sober—I was not drunk—I did not require a stretcher to be carried on—I was able to walk—I had had some drink, I did not feel anything the worse—I might be tipsy, but not drunk—I think the policeman was down on two knees—I have never been in any scrape with the police before—I never was at the station before—I do not know that I had had anything to do with the police before—I do not know that I was ever in any particular scrape with the police before; I might have spoken to them in the street.
MARY RAYNER . I am the wife of Robert Rayner; I live at the corner of Cornwall-road. On Saturday night, 25th Feb., about half past 12 o'clock, I was in bed; I heard distressing cries of "Murder I" three times; I got out of bed, looked through the glass, I saw a man lying on the ground, and the policeman was standing upright by the side of him springing hit rattle—he sprung his rattle three or four times—the man was still on the ground using exasperating language to the policeman—I did not see any stick at all.
Cross-examined. Q. You were not before the Coroner? A. No; I did not see the policeman strike the man—I did sot see any violence at all—I heard the language which was used—"Go home, you b——y cow," or "coward," and other language; I cannot say what—I had heard it for some time before I looked out of the window—I did not bear the policeman use any exasperating language—all he said was, "Be quiet; now do be quiet"—he begged him to be quiet, and he would not—the exasperating language appeared to me to proceed from the man who was lying on the ground.
EDWARD WILLIAM HINE . I am a dispenser and nurse in the Lambeth workhouse. I have to attend on the sick, and dispense medicine to them—I remember the deceased being brought into the workhouse by the police, about 11 o'clock on Sunday morning, 19th March—I immediately had him conveyed to bed—he was in a fit of apoplexy, as it appeared to me—I sent for Mr. Real, the surgeon, and he arrived in a few minutes afterwards—by his direction I shaved the deceased's head—Mr. Juke, Mr. Real's partner, was present—they examined the deceased's head, and I examined it—I saw a swelling behind the left ear, and a discolouration about three or four inches—the swelling was a puffy swelling, about half a quarter of an inch high, and about two inches in breadth—I subsequently saw one of the surgeons make an incision, and cut out the extravasated blood from that swelling—there was a great deal of it, and it was coagulated—they made an operation, and took. away part of the scull in my presence—I assisted to hold the deceased man—the piece of the scull they took away was about the size of a shilling, and they removed the coagulated blood—the part of the scull which was pressed down was attempted to be raised up
again to its position—the deceased exhibited signs of consciousness about 2 o'clock in the morning—I never left him at all—as I sat on the bedside he lifted up his eyes and looked at me—I said, "Where do you feel the most pain?" he could not speak—I said, "Is it your head?" he nodded his head—I took his hand, and said, "Can you place my hand where you feel most pain?" he lifted my hand, but he could not do it—he died at 5 minutes before 2 o'clock in the middle of the day, on Monday—I see a great many accidents—this was a fracture, one part was under the other—I saw the fracture after his head had been shaved—the fracture was where I saw one portion under the other—that was immediately under the puffed swelling—I am quite sure that after they took the scalp away, I saw the scull was fractured; it was a long fracture, running along about the midway to the ear—it was a fracture that would come from external violence—there was a little mark below the ear, as there will be after a blow has been given some time.
THOMAS CHAYTER BEAL . I am a surgeon and am assistant to Mr. Juke; he is the medical officer of the Lambeth workhouse—I saw the deceased man on Sunday, 19th March, between 11 and 12 o'clock; he was labouring under compression of the brain, arising from an effusion of blood and serum—I treated him for compression of the brain—I caused his head to be shaved, and afterwards examined his head—I found a long, puffy swelling on the left side above and behind the ear, about 3 inches in length, and 2 in width, and about 1/4 of an inch deep—an incision was made in the swelling, by Mr. Juke; a large quantity of coagulated blood was found in the swelling, which was removed—on further examination we found the edges of a fracture—he continued to grow worse—we thought it necessary to trepan him, which was done with a circular saw, and immediately under the bone of the scull coagulated blood was seen, very firmly coagulated, and as far as we could find out, a very large quantity—as much of this blood as possible was removed, but the man never rallied—he died on the Monday, a little before 2 o'clock—there was a post mortem examination made in my presence—we found the brain was healthy—immediately below the fracture the dura mater had been separated from the scull; that would be separated by the effused blood, and that was very firmly coagulated—the scull was found to be very extensively fractured—a fracture, from 5 to 6 inches in length, extending along the side of the head above the ear, from front to back, on the left side—I observed more carefully the character of the external bruise—I believe the bruise had existed for some days—I do not think that coagulation of the blood could have taken place on the Saturday night—I should think it had been coagulating for several days; for a fort-night, or perhaps more—the fracture might have been occasioned by a blow or a fall—I should think a common fall in the street would not have caused it—supposing it was done with a short stick, like a policeman's truncheon, it would have required considerable force to cause it—there was a rupture of one of the vessels of the dura mater—the cause of the man's death was compression of the brain, brought on from external violence—supposing that force had been used two or three weeks, and a slow effusion was coming on, the effect would be dimness of vision and giddiness almost constantly—if a man were to hold his head down, the effects would be disagreeable; it would produce giddiness and pain—the effect of such a blow on the brain would cause excitement—it would appear like the excitement of intoxication.
Cross-examined. Q. I suppose there was a pressure of blood on the brain, causing apoplexy, and so death? A. Yes; the blood of course being extravasated
from one of the vessels; that arising probably from the blow—I cannot say conclusively that it arose from the blow—in point of fact, these vessels burst from drunkenness, constantly; but in drunkenness, when they do burst, they are generally more inside—this, I should rather say, would have been the result of an injury—if this had been a blow on the kerb, it would have broken his skull if he had fallen with violence—the brain, generally, was healthy—I did not see any indication of drunkenness.
MR. DUNCAN. Q. Have you any doubt that that fracture was the true cause of death? A. No—whatever occasioned the effusion of blood, caused the death—if it came from the blow, that was the cause of death.
Witnesses for the Defence,
AMELIA MITCHELL . I am the wife of Thomas Mitchell, a saw sharpener; we live at No. 38, Cornwall-road, Lambeth; we occupy the first floor. On 26th Feb., between 12 and 1 o'clock, I and my husband were taking supper—I heard a noise, and I put the blind on one side to see what it was, and then put up the window—the disturbance was just under the window—I was able to see distinctly what took place—I saw the persons, whoever they were, before any policeman came up—I did not know the deceased by sight—I did not know either party—the people were quarrelling—I thought it was two or three men and a female; they were quarrelling and making a disturbance—I threw up the window and saw the policeman come from the corner of the Commercial-road—the prisoner is the young man who came to me afterwards—I did not see him that night—it was a policeman came, and he desired them to be quiet—they went in a doorway, and the policeman was trying to make them be quiet—he told them not to make such a noise—I then saw a man hit the policeman with a stick or cane; I cannot say which—he hit him three times—after that they all got out of the doorway—the policeman's hat fell off, his foot slipped, and the whole three fell into the road together off the kerb—there were two men and the policeman—I saw a female, but I did not see whether she fell or not—the policeman fell underneath—I am quite sure about that—when he was on the ground, I saw him hit the man, but what with I do not know—I suppose it was his staff—I am sure he was on the ground at that time, and the man he struck was upon him when he struck—the policeman then got up, and the man blasphemed awfully after he had the knock—one man ran away—I do not know Mr. Scott—it was dark—the man who was struck called the man who ran away "a b——y coward and he still went on blaspheming awfully—my husband called out, "Lock him up, policeman, for disturbing the neighbourhood"—to the best of my belief, I have stated everything as it occurred.
Cross-examined by MR. DUNCAN. Q. You have seen the prisoner before? A. Yes, when he came to our house with sergeant Romain; they came on a Monday, I think, three weeks after the row—Romain and the prisoner came in private clothes—I did not know who they were—sergeant Romain asked if there was a disturbance, and whether it was from our first floor window that a man called, "Lock him up, policeman;"—I said, "Yes; it was my husband who called out"—they did not say anything more—they went away from my door—if they had not come I should not have known that the prisoner was the man who had anything to do with this row—it was not a particularly dark night—I should think that the blow which the policeman struck with his truncheon was not very heavy—I heard it—I cannot tell where he hit the man—I heard only one blow—I saw it; I cannot tell where it was struck—I cannot tell whether he was struck with the policeman's right hand or left—it was dark; there was one
lamp—I think it was a middling blow; I heard it—I should think the row took ten minutes altogether—I had seen the persons about two or three minutes before the policeman came up—they were just under our window—I could not tell how many there were; it was too dark to see the number of them.
MR. BALLANTINE. Q. Was the blow you saw, while the policeman was on the ground? A. Yes; he had to strike upwards from the ground—I did not know this young man—he came to me in plain clothes, and the sergeant said, "Did any person from this house call, 'Lock him up, policeman?'"—I went before the Coroner, and told this story.
THOMAS MITCHELL . I recollect the night of 25th Feb., when there was this disturbance—I and my wife were sitting together; we had just finished supper; I heard a disturbance—my wife went to the window and looked out, and then threw up the window—she was at the window previous to my being there—she said, "Here are some men going to fight"—I said, "Is there?" and I went to the window—she said, "There is a policeman coming round the corner"—I went to the window that my wife was at, and there were two men and a female, and the policeman had just come up under the window—I passed from that window to the other; I thought I should have more view—by the time I got to the other window they were all huddled in the doorway, the policeman, the female, and two or three men, and they were striking the policeman over the head with a stick, or cane, about the size of a man's fore finger—I had a good view of them—I could not see who it was struck the policeman, but he was struck twice or thrice—he ran, and got hold of one man by the collar, and pulled him from the doorway—they were all knocking against the door, ready to break it in—the policeman pulled him away from the door—the female clung either to the policeman or another man, and the policeman pulled him out with violence, and they all fell backwards on the ground together, and the policeman was undermost—they had scarcely been down a minute or two before I saw the policeman's arm go upwards—I then heard some one call out, "Murder! by a b—policeman, 103!"—he still continued these epithets for five minutes or upwards, and during that time the policeman sprang his rattle three distinct times, and the bystanders were uttering the most offensive epithets, and told him they wished his b——soul were burning in hell—I considered that the policeman acted with great patience, according to the way in which he was treated—from the time he got on his legs he did not strike any blow or utter any epithets, to my knowledge—from the manner in which he was lying down, with those persons on him, there was a difficulty in his getting up, because he was lying down on his back—I had sufficient light to see that he was undermost—I saw one man run away—I heard the other man call him for that a b—coward—I saw another man come to the policeman's assistance, and I heard him say, "I give this man into custody;" but what man it was I could not see—inquiry was made about me on the Monday month afterwards—I was at my work—I was called for, and was examined before the Coroner—I told the same story—I am quite disinterested; I never knew the prisoner or the sergeant—I called out of the window, "Lock him up, policeman, for disturbing the neighbourhood"—my wife said, "He is taken to the station house," and she said to me, "You had better come to bed," or I would willingly have gone down.
Cross-examined by MR. DUNCAN. Q. You would have gone? A. Yes, I would, on behalf of the policeman, on account of the epithets that were uttered to him—it was not so dark but what I could distinguish the policeman from the others—the light was enough to let me see there was
a man and a woman—I could not distinguish who the others were—I could see a policeman with his coat and shining hat, and not only that but by the way in which he was using his staff on the ground—he struck him only once—I might say they were about nine feet from me when he was using his staff—from the confusion, I do not know whether the woman was clinging to the policeman or the other man; she might be clinging to both—I did not say before the Coroner, that somebody said they hoped the policeman's b——y soul would burn in hell—it took me by such a nonplus—when a thing of this kind happens, we think no more of saying any more of it—I did not think about it from the time it happened till I was called on—the only reason why I did not tell this dreadful language to the Coroner, was I was taken at a nonplus—the blow the policeman struck, appeared to me not a very hard one—he laid on his back—my opinion is he did not strike him hard at that time—I do not think it was such a blow as would fracture a man's scull.
CHARLES KENNEDY (policeman, L 181). On the night of 25th Feb., I came to the assistance of my brother constable—I did not distinctly hear the rattle, but I heard a noise—I know the house where the Mitchells live; it is right opposite there—I found the prisoner, and Giles, and Scott there—Giles was the worse for liquor; he was not drunk but in a very excited state, and using very bad language—they were taken to the station.
Cross-examined by MR. DUNCAN. Q. Did you hear the deceased man complain of the prisoner having struck him with his staff on his head? A. He did not say on his head; he said he struck him, and I believe he did do so again at the station.
MR. BALLANTINE. Q. Did you hear what he said? A. Yes; he said that the deceased man struck him twice or three times when he was on the ground—he said he had been thrown on the ground, and the deceased, Giles, was on the top of him—he said he was struck three times previous to being thrown on the ground—he told me he was struck with a stick—he said the blow he struck was in self defence, when he could not get up—he was in the division I am in—I never heard to the contrary of his being a well conducted young man.
MR. DUNCAN. Q. I believe he had been but a very short time in the force? A. About eight or ten months, I believe—I do not know his age.
CHARLES ROBERT BLADES . I am assistant to the district surgeon of the L division—I saw the deceased at the station; he was drunk—I considered at the time that he was suffering from nothing but drunkenness, but since I have heard the evidence of the other medical men, I consider there were joint causes—he spoke to me that evening at the station sensibly, as far as a drunken man could—he complained of having pains in his head.
Cross-examined by MR. DUNCAN. Q. Did he tell you he was suffering from a blow? A. No; I am aware that if a person has an effusion of blood, any small quantity of gin, or beer, or liquor, will have an effect on him—when a man's brain is in that state, he is liable to be drunk from taking a small quantity of beer or spirits—if a man had a fracture of the scull, a tea spoonfull of brandy or rum would not produce intoxication, but a small quantity would do it.
MR. BALLANTINE, Q. Are you satisfied, whatever was the quantity he had taken, that he had been drinking? A. Yes.
George William Giles, on 26th Feb.—here is the charge sheet; it is entered, "George William Giles, drunk and disorderly, and assaulting police constable 103 L—he was very drunk and violent—Scott was the worse for liquor, he was not so drunk—they were taken before the Magistrate, and Scott was bound over to keep the peace—the prisoner was under my superintendence for about eight months—his conduct has been good—there has not been the slightest complaint of him that I am aware of.
JAMES PERFECT (police sergeant, L 45). I found Giles at the foot of West-minster-bridge on 19th March; he appeared to be very drunk indeed—I smelt his breath—he had been drinking, it appeared to be spirits—I took charge of him, with assistance—he was lying on the pavement, with his head towards the horse road—the medical man saw him in about half an hour.
(The prisoner received a good character.)
NOT GUILTY .
Before Mr. Recorder.
MR. LILLEY conducted the Prosecution.
JEREMIAH THOMAS CRAWLEY . I am a furniture dealer, at No. 33, New-cut, Lambeth. I have a warehouse in Windmill-street, New-cut—I had in that warehouse a new Waterloo bedstead, two new tent bedsteads, a second-hand four post bedstead, and others—I saw them there safe on Thursday, 9th Feb., about ten minutes after six o'clock—the warehouse gates were shut, and fastened with a new padlock—I locked it myself, and left it secure—a few minutes after 9 o'clock I found the padlock gone, and missed the four bedsteads—the gates were then shut, but not locked—I received information on Saturday morning, and went before Mr. Norton the Magistrate—I afterwards went with Romain and Smith, two officers, to the prisoner's premises—I saw him, and asked him whether he had got four bedsteads, or whether he had bought four—he said no, he had nothing of the kind—I told him I had been before Mr. Norton, and I had got a witness to prove that he had four bedsteads in his possession, and he had moved them on the Friday from where he used to keep his truck and his cart standing—he said, "You can do as you like, Mr. Crawley, but I have not got them, and have not seen them; I moved four bedsteads, but these were the four," pointing to four bedsteads in his shop—they were not mine, and I told him so, and said, "What is the use of your denying it so?"—he said, "You can do as you like, I tell you I have not got them," and with that I gave him into custody—I assisted in searching his premises, and found several parts of the four post bedstead behind a lot of wood in the kitchen under the front shop—the officers were then up stairs—I went down into the kitchen by myself—it was in the front kitchen, but the back as you go down the stairs—the staircase is at the back of the house—I brought the pieces of bedstead up stairs, and the prisoner then said, "Mr. Crawley, I will fetch you your four posts; they are round at the turner's, going to be altered"—I asked him what he had done with the rest of the bedstead—he stood a minute or two, and at last he said, "I have cut it up, and burnt it"—he said, "Mr. Crawley, though you don't know me, I know you, and I will fetch you your three new bedsteads, and whatever you like to charge me I will pay you for it; but drop this case, and I will make you a new frame for the one that I have burnt"—I told him whatever the officers or the Magistrate did I should be perfectly satisfied with, but to alter the case I would not—I will not say whether I said I would not alter the case, or whether I would not take it out of their hands—I remained at the prisoner's house while the prisoner and Smith the officer
went for the two pillars of the four post bedstead—I was there when they brought them back—they were mine, and belonged to the bedstead that I had missed on the 9th—the prisoner afterwards went and fetched the other bedsteads while I was there—they are here.
Cross-examined by MR. BALLANTINE Q. Where does the prisoner carry on business? A. In Gibson-street, that is within four or five minutes' walk of the New-cut—he is a bedstead maker; I do not know whether he is a furniture dealer—I buy things ready made—the bedsteads I lost were three different sorts, a Waterloo, two tents, and a four post—the four post was an old one, the Waterloo was a new one, and the tents were quite new—I had never seen the prisoner before, to my knowledge—I have seen his shop once or twice, when I have been going round to get my rents in; I know it is a bedstead maker's shop, but I never bought anything of him—the things were stolen on the 9th, and I went there on the 11th—Davis gave me the information that led me there, on the Saturday morning—the prisoner offered to pay me whatever I liked to charge 'him, if I would drop it, or something like that, and I have been offered it two or three times since—the whole four bedsteads cost me 3l. 1s. 9d.
JOHN DUNN . I am a chair maker, and live in Robert-street, Waterloo-road. About nine o'clock in the evening of 9th Feb. I went to fasten the gates that shut my yard where I put my trucks, and saw four bedsteads there, standing up against the wall; they were two tents, one Waterloo, and a four post—the prisoner puts his cart and truck in that yard—I saw him there next morning, between 8 and 9—he came in and said, "Here is a job, I am obliged to take these three bedsteads back, because I cannot get the money for them, so I have brought them back; better have them than have no money"—he was alluding to the three new bedsteads which belong to the prosecutor: as regarded the four post, the prisoner said, "I hardly know what to do with this; what do you think?"—I said, "I don't think you will sell it in London; you will have a much better chance with a country dealer," and mentioned a man at Ewell—he said, "I think it would be a chance to sell it to him"—he then went away he returned in about ten minutes, bringing a letter in his hand, and said, "Here, I have just got an order, and I can work it up"—I said, "Work it up I"—he said, "Yes; with a little alteration, it will answer the order that I have got just come in"—I said, "Can you? well, you are lucky!"—he began to untie it, but could not, and asked me to lend him a chisel, which I did; he cut the cords top and bottom, and took a portion away; his boy took another portion, and returned twice for the other; it was a very heavy bedstead—he took them all away—I have seen the bedsteads produced here, and believe them to be the same; but I did not take so much notice of the others as I did of the four post, and there is only a portion of that here.
Crass-examined. Q. Was the four post a new one? A. Oh no, it seemed one of the old school—the prosecutor came to me about 8 o'clock on the Saturday morning, and I told him about it; I was not told to conceal it; as far as I know, the prisoner was perfectly open in dealing with them—this yard is about thirty yards from the prosecutor's premises—they were put in at night, and were fetched away in the morning—the prisoner called my attention to them—he told me he had got the four post in exchange—he has a great many bedsteads on his premises; I have seen us many as
twenty or thirty go out at a time; I should say he was a large manufacturer—sometimes these things are bought, and purchased by dealers, and in the trade generally—they are hawked about all over London.
WILLIAM ROMAIN (police-sergeant). Between 11 and 12 o'clock on Saturday, 11th Feb., I went with the prosecutor to the prisoner's house, in Gibson-street—I told him I had come from Mr. Norton, the Magistrate, respecting four bedsteads he had in his possession belonging to Mr. Crawley, and that there was a witness to prove that he had them; that Mr. Crawley's place had been broken into on Thursday night, and the bedsteads were brought over by him and his boy from the yard where his cart and horse stood, to his premises—he said he knew nothing at all about them—I asked him where those bedsteads were that he removed over from the yard; he said, "There they are," pointing to some that stood just inside the door—Crawley was present; I called his attention to them, and he said they were not the ones he had lost—I told the prisoner he must consider himself in my custody, and I should commence to search the place—I left him in Smith's custody, went down stairs to the kitchen, which is used as a workshop, and saw Crawley's attention called to a portion of a bedstead, which he identified (two men were at work there)—it was brought up stairs into the prisoner's presence; and I said to him, "It is of no use your denying this any further, here is a portion of it found, and, to save anything unpleasant, you had better state where the other portion of it is"—he then said he had taken the posts to his turner's to have them altered, and that the other bed-steads were removed to his polisher's in the Waterloo-road—I remained in the prisoner's house, and Smith went with the prisoner and brought the two post bedsteads back; the prosecutor saw them, and said in the prisoner's presence that they were his.
Cross-examined. Q. Did not the prisoner tell you he had bought them? A. I heard him say he purchased them of a hawker, but he did not say it to me—it is a large shop—the prisoner was admitted to bail.
JOSEPH GEORGE SMITH (policeman, L 152). I went to the prisoner's premises with Romain and the prosecutor—I had the prisoner in charge while Romain went down stairs—I afterwards went with the prisoner to his turner's, in Oakley-street, close by—I asked him where the new bedstead was, he made no answer; I asked him again, and he said at his polisher's, in the Waterloo road; I went there with him, and the bedsteads were standing outside the door for sale, the Waterloo one marked 17s. 6d., and the tent one 14s. 6d.; they were dry—the others were not marked—I took them back to the prisoner's house, and asked him where he got them—he said he bought them on the hawk.
Cross-examined. Q. Does that mean of a hawker? A. Yes; he told me he gave 22s. for the four—the prisoner put them on a truck, and he and I took them away.
(The prisoner received a good character.)
NOT GUILTY .
MESSRS. BALLANTINE and BYERLY THOMPSON conducted the Prosecution.
gave me this card (produced) it is "Mr. Fletcher, Pondhouse, Millbrook, near Southampton "—he told me that Mr. Fletcher was a gentleman wanting a set of harness, and he should bring him to me in the course of the day—I said, "Very well"—I have, known Gollop some time—about 3 o'clock in the afternoon he came again with Fletcher and Kelly—Fletcher said he wanted a set of single harness, and I agreed to make it by Friday week—he then said, "What do you charge for your best saddles," I told him five guineas—he selected one, also a bridle, and various other things, such as rugs and rollers, for which he gave me this check for 13l. 3s. 4d.—(read: "Millbrook, near Southampton, Jan. 10th, 1854. To the National Provincial Bank of England, please pay Mr. Langdon, 13l. 3s. 4d. George Withers Fletcher.")—Gollop was there at the time, he was in my counting house, and saw Fletcher draw the check, he drew it on a blank piece of paper—I do not believe Kelly was in the counting house, he was somewhere about the place—the counting house is attached to the shop, there is a glass door, which was open—Fletcher selected a whip and other things, and they took them away in a cab, I saw them get into the cab together at the door—in about a quarter of an hour or twenty minutes, Kelly came back with this card of Mr. Fletcher's—(read: "Please let the bearer have brushes, and what he may require. G. W. Fletcher.")—the card had on it, "G. W. Fletcher, engineer"—I asked Kelly about Mr. Fletcher, and he said he was a perfect gentleman, and the money was all right—I let my man Salisbury go with him with the things he selected, which came to about 34s. or 35s.—Mrs. Langdon was in the shop at the time, and she said to Kelly, "Is this all right?"—" Oh, yes," said he, "you may depend he is a perfect gentleman, it is all right"; otherwise, I do not think I should have sent my man—I paid the check into the Union Branch Bank, it came back to me stating there were no effects.
COURT. Q. What had you known Gollop as? A. As a man living by clipping horses, and so on; he had brought me persons before to buy a few trifling things, and his naming that Mr. Fletcher was quite a gentleman, induced me to take the check.
Cross-examined by MR. METCALFE. Q. Have you not paid commissions to Gollop for business he has brought to you? A. I do generally if people bring me a customer, I have given Gollop a trifle—I did not do so on this occasion, I should if the money had been all right.
Cross-examined by MR. SLEIGH. Q. Was not the sale wholly completed before the check was tendered in payment? A. He selected part of the things and gave me the check, and he was to pay me for the other part when the harness was made—the check did not include the harness, it was for the saddle and bridle, and rugs, and different things in saddlery—the rest was to be settled for when the harness was finished—I was not told where to send it—Fletcher was to call for it on the Friday week—he had selected the things for which the check was given before he gave the check, and after that he selected some more things which were to be added to the bill when the harness was delivered—he took away the things he selected—I was not going to trust him without payment—nothing was said about how he was going to pay me, but he gave me the check—he did not give me Mr. Cotterell of Long Acre, as a reference—he said he was well known to Edmund Tattersall, and I think he knows him too well—I of course believed him to be a respectable character, or I should not have trusted him with the goods—it was on the belief that he was a respectable character,
and that he would pay me honestly for the goods that I sold them—he did not offer me any portion of payment in cash.
MR. B. THOMPSON. Q. I suppose you regarded this as a ready money transaction? A. Certainly—if money or a check had not been given me, I should not have allowed the goods to go out of the shop.
FREDERICK SALISBURRY . I am in the employment of Mr. Langdon. On the morning of 10th Jan. I was present when Gollop came into the shop—I heard him say he had got a gentleman from the country, who wanted to purchase a quantity of things, and he gave the governor a card—I believe he said he wanted to purchase a quantity of second hand goods—the governor said it would be better to have new, and gave him a card—that was all I heard at that time; he went away—they were in the counting-house; there might have been more pass—in the afternoon I was absent at the time the prisoners came into the shop—when I returned I saw Kelly there; I think it was somewhere about 3 o'clock—I did not see him bring a card—he brought a few articles that had been selected, and helped me to tie them up—I wanted to clean them, but he said it was not necessary—he represented himself as servant, or something, to Mr. Fletcher, and he would clean them when he got down to Southampton—the things were packed up in parcels; there was no one in the shop at the time the cab stopped at the door—the door was left open, and Kelly conveyed them out of the shop into the cab—there was no one in the cab that I saw—there were two or three with the cab; the cab drove up after Kelly had gone out of the shop—he took the things off the board, and took them into the cab—Gollop and Fletcher were in the shop at the same time—they all three came in when the cab stopped; I did not notice whether they all assisted in putting things into the cab; a saddle, bridle, horse cloth, and other things were put in.
WILLIAM LANGDON re-examined. The things were all taken away in the cab, except those that Kelly returned for—it was about 3 o'clock when Kelly came with Fletcher—it was in the morning part that Gollop came and gave me the card.
FREDERICK SALISBURY (continued). I was there when Kelly returned—he asked whether his governor or Mr. Fletcher, I am not sure which he said, had said anything about the cloths, as they could not get on without them—my employer said "No," and he then handed him a note or card, with some writing on it—he said he wanted two chamois leathers and brushes to wash a carriage, and a good railway wrapper—he did not have them—there was some little dispute between Mr. Langdon and him about it, and I took the things and went with Kelly—I parted with him at the Queen's Head public-house, in Princes-street—I gave him the leathers and sponges there—I found Gollop and Fletcher at that public-house—Kelly told Fletcher that I was the man that had come from Mr. Langdon with the things, and I was to ask him whether he would have his initials or crest put upon the harness—Fletcher asked Kelly which he thought would be best—Kelly said of course he must leave it all to him—he said he thought he would have a lion put on, but he would not decide then; he would write to Mr. Langdon next day.
Cross-examined by MR. METCALFE. Q. Bid you hear any conversation between Fletcher and Mr. Langdon? A. Not when they came and selected the things—I did not hear any conversation about Mr. Tattersall—I had never seen the prisoners before.
with another party, who was dressed as a groom—I am not positive who it was—the groom brought a bridle, a curb, four cloths, two rollers, four knee-caps, a whip, two brushes, two leathers, a saddle, two head-stalls, and four bandages—he offered them for sale—my employer was not at home—I offered him 11l. for them—I paid him 7l. and owed him 4l., which he was to call for next day—it was between 6 o'clock and half-past; it was dark—these are the articles (produced).
Cross-examined by SLEIGH. Q. Had you ever seen the person you call Fletcher, before? A. No; nor have I seen him since, till to-day—I have no doubt as to his being the man—it was between lights.
COURT. Q. Had you much conversation with him about the goods? A. Not a great deal—he was there about a quarter of an hour—I cannot exactly say.
MR. SLEIGH. Q. Were you brought here by Romain, the officer, this morning? A. No—he did not point out Fletcher to me this morning, and gay, "There is Fletcher," nor to anybody else, in my hearing—Fletcher was not pointed out to me by anybody—I have no doubt or hesitation as to his being the man.
Cross-examined by MR. SLEIGH. Q. Have you been out of Court during York's examination? A. Part of the time; I was called in to produce the property.
JOHN WALTER WHEELER . I am accountant at the National Provincial Bank of England at Southampton. I know Fletcher—he had an account there in 1847—it was closed in Sept, 1847, and he has had no account there since that time—this check (produced) is Fletcher's writing—I believe he used to draw on printed forms when he had an account.
Cross-examined by MR. SLEIGH. Q. Is yours a branch of the parent institution in London? A. Yes, but T have nothing to do with that personally—a check of the Southampton branch purports, in so many words, to be drawn on the branch bank—this is a printed check of our bank (producing one)—Fletcher only had an account with us for six months—it was not very large—his brother does not bank with us, and never did—I do not know Mr. Kerr—he has not an account at our bank; he had, but it was closed in 1849, I believe—he was the manager of the branch bank.
Q. Do not you know that after Mr. Fletcher's account was closed, he was permitted to draw on the bank, and that his checks were honoured? A. They never were—I am not the only cashier who pays checks over the counter; in my absence, other people do it—the manager and myself have authority to pay money for checks—the manager is not here.
Cross-examined by MR. METCALFE. Q. Did you know Mr. Fletcher independently of his account at the bank? A. No; I knew him by coming to the bank—he has not since his account was closed paid money into my hands, in order to provide for checks which he drew on our bank—I believe him to be a man of education, and of very gentlemanly manners, a man who has been brought up as a gentleman—he was a timber merchant at Southampton.
MR. B. THOMPSON. Q. If Fletcher had money at the bank, should you have
honoured the check you have seen? A. Yes—I know that he failed, and his account was closed at that time—we have had similar checks presented in the same hand; I think five—they hare been dishonoured—Mr. Kerr left the bank in 1849.
THOMAS FORD . I am a smith and wheelwright, of Windmill-road, Camberwell. On 12th Jan., the prisoners Kelly and Gollop came to my house—I was at work—I had seen Gollop before—he said to me, "There you are, old fellow, hard at work"—I said, "I do not know about that particularly"—he said to Kelly, "Come along"—they came to my forge, then went into the yard, and said, "Let us see what you have got here at the back"—when they came back, Gollop said, "There is a cart there that I think will suit; what do you want for it?"—I said, "I will take 14l."—he said, "We do not want it for ourselves, we want it for a gentleman; you must ask a little more than that"—they said they had got a gentleman waiting at an hotel close by, and they would fetch him down—they went away, saying they would not be more than an hour—in about an hour they came back with Fletcher, and Kelly said, "I have brought this gentleman down to look at the cart"—Fletcher went and looked at it, then returned, and said, "If it had been a patent axle-tree, I should have liked it better; I merely want it for a market cart"—he asked Kelly what he thought of it;—he said he thought it was a very good cart—Fletcher asked me what I would take for it—I said 18l.—he said, "That is a great deal of money"—I said it was a very good article, and that was about the selling price of it—the sum ultimately agreed upon was 17l.—Fletcher said, "I must draw a check on my banker; you will have no objection to take that"—I said, "I suppose it will be as good as money?"—he said, "Yes"—I said, "Very well, that will do," and he drew this check (produced), and gave to me—(this was a check on the National Provincial Bank of England at Southampton for 4l., payable to Mr. Thomas Ford or bearer, and signed, "George Withers Fletcher")—he also gave me this card, "G. W. Fletcher, engineer"—he said his name was Fletcher, and that he was in a great way of business at Southampton, laying down the electric telegraph, and that he was under another very heavy contract, which would amount to a great deal of money—I said, "I have not got a banker," and he said, "If you take it to the Joint Stock, they will give the money there I have no doubt, for they know me and my family very well; my father is a large ship-owner in Millwall"—I sent the check by my daughter to the London Joint Stock Bank, Princes-street—she brought it back again, and returned it to me—she is not here—the prisoners left my place together, and Kelly came back for the cart, and took it away—I showed him the card and the check, and he said, "That is all right; that is as good as the Bank of England."
Cross-examined by MR. SLEIGH. Q. The price was fully agreed upon before anything was said about a check? A. Yes; I have not been into the gaol trying to compromise this matter with Kelly and Gollop—I have not been into Horsemonger-lane, or any other gaol, to see them—I saw them at Kennington-lane police station—I had no conversation with them there, nor at any other place, since they have been taken; nor have I sent any person to them to compromise this matter for 10l.
Cross-examined by MR. METCALFE. Q. You sold the cart to Fletcher? A. Yes; I looked to his respectability—I did not care what money Kelly or Gallop had, as long as Fletcher paid me.
MR. BALLANTINE. Q. You would have had no objection to have been paid either by Kelly or Gollop? A. No; if I could have got the money at
all, I should have been satisfied—if I had not got the check, I should not have allowed the cart to go.
JAMES FORD . I am the son of the last witness. I was present when. Kelly took away the cart; he pushed it, he was alone—my father told me to follow him—I did so, and saw him go up to the Waterloo station—I lost sight of him at the Duke of York, in Camberwell-road; and when I saw him again Gollop was helping him with the cart, and Fletcher was on. The path with a woman or a lady—I followed them to Kennington Oval.
Cross-examined by Mr. SLEIGH. Q. The lady was walking arm in arm with him on the path? A. Yes; she was dressed respectably.
WILLIAM DILLON . I live at No. 3, Mill's-buildings, Grey Colt-place, Westminster; I deal in carts and vans, and sell poultry and fish. On 12th Jan., about half past 6 or 7 o'clock in the evening, I saw Fletcher get out of a cart at the Bricklayers' Arms; there was a horse in it—I stood looking at him; I thought I had seen him at the New Repository once before—he asked me if I would buy the horse and cart, as he was going to France next day—I asked him what he wanted; he said, "15l.;" I bid him 10l., he would not take it; I bid him 12l., he would not take it; and I gave him 12l. 10s.—he gave me this receipt (produced).
Cross-examined by MR. SLEIGH. Q. Did you ever see the person before? A. Yes; once or twice before at the New Central Repository, but I never spoke to him—I gave him twelve sovereigns and a half, and he gave me a card with his name and address on it, but I have not got it.
JOSEPH GEORGE SMITH (policeman, L 152). On 17th Jan. I took Kelly, and told him he was charged with obtaining a cart of Mr. Ford, of Camberwell, under false pretences—he said he knew nothing about it; he afterwards said he had been employed by Mr. Fletcher to take it to a railway station, and had been paid for doing so—I asked him who Mr. Fletcher was—he said he did not know, but he believed him to be a gentleman—I asked Him who the third man was—he said he did not know, but he bad met him at several sales—at the station he gave me a card with the name of "Gollop" on it, and said, "Here is a card of a gentleman I have bought horses for on several occasions, and he gave me this card."
Cross-examined by MR. METCALFE. Q. Is there anything written on the other side of the card? A. Yes; "Hedgeham, Hemel Hempstead"—I took Kelly at the Horse Repository, St. George's-road; I have seen him there—I cannot say whether he buys and sells.
EDWARD HEWLETT (policeman, L 253). On 17th Jan. I took Gollop at the Horse Repository, and said I wanted him for being concerned with another man in obtaining a cart from Mr. Ford—he said, "Me, sir, you are mistaken; I know nothing about it"—I took him to the station—he said on the road, "Oh! by-the-by, I did go to look at a cart with another man, to purchase it for a gentleman, and the gentleman bought if—I asked him what had been done with it; he said he did not know—I searched him at the station, and found on him this pocket book (produced)—he said, "You will find nothing wrong in that, unless it is a check given me by a gentleman"—he handed me a card out of his waistcoat pocket with "Mr. G. W. Fletcher, engineer," upon it; and said, "The check was given me by that gentleman, and is as good as the Bank of England." (This check was dated 1854, drawn on the National Bank of England, Southampton Branch, in favour of Mr. Gollop, for 10l. 10s.; it bore a stamp, and was signed, 'W. Fletcher."')
writing—he has had no account at our bank since 1847, when he became a bankrupt—other checks of Fletcher's have been presented when he had no account there.
KELLY— GUILTY . Aged 35.
GOLLOP— GUILTY . Aged 36.
FLETCHER— GUILTY . Aged 27.
Four Years Penal Servitude.
WILLIAM TURNER . I live at No. 2, Premier-villas, Perry-vale. I went to the Horse Repository, in St. George's-road, to sell some harness—I got a bidding of 12l., but would not take it—as I came out of the yard, I met the prisoner—he asked me how much I wanted for the lot; I said 15l.—he said it was too much—I said, "I cannot take less"—he went away, came back, and said, "Very well; I will give you 15l."—I said, "Very well"—he said, "I must try them first"—I asked his name; he said, "Savage"—I said, "The livery stable keeper in Blackfriars-road?" he said, "Yes; near Stamford-street"—I knew that to be a respectable place, and I drove up to Mr. Savage's yard, with the horse, cart, and harness, as Kelly had promised to meet me just by the yard—he said that business was bad, and he could not get his accounts in, but he paid me a sovereign in part—I still believed him to be Mr. Savage—I asked him, next time I met him, if his name was Savage, and he said, "No"—he wrote me out an I. O. U. for the 14l. balance, which, I believe, was signed Savage, but he kept it; I have asked him for it several times—I saw him two or three times afterwards, and pressed for my money.
The COURT considered that upon this evidence the charge could not be sustained, and directed a verdict of
NOT GUILTY .
Before Mr. Baron Martin.
MR. PAYNE conducted the Prosecution.
JESSY TEWE , Jun. The prisoner is my mother; we live at No. 55, White Horse-street, Lambeth, in the Cut. I am thirteen years old—I have a brother, named John, he is getting on for eight years old, I believe. On Thursday afternoon, a fortnight ago, my mother came home about 2 o'clock—she was not very sober—she went into the back room—the two little boys were there—I was in the front room—I sent Johnny into the room where my mother was—in about 5 minutes I heard him cry, and saw him come out of the back room—I ran down stairs after him, and saw him at the street door, with his head bleeding—I took him to a doctor's in the Cut; Mr. Brooks attended him, and sent for a constable—there was nothing the matter with my brother's head when I sent him into the room—there was nobody in that room but my mother and the little boys.
Prisoner. Q. What did Johnny bring in his hand? A. A shovel of coals—I did not hear him call you any names—he swears sometimes—he sometimes played with the fire.
THOMAS CHATTER BEALES . I live at Arlington-place, Kennington, and assist the surgeon at the workhouse. On the Thursday evening, the little boy was brought to me—I found three wounds on the left side of his head—the skin was broken in one—they must have been inflicted by some heavy blunt instrument—the child has been under my care ever since—they were serious wounds—he has not been in actual danger—I have seen the prisoner once, medically—she was admitted into the Lambeth workhouse, supposed to be insane—she remained there about sixteen hours—I did not see any symptoms of insanity about her; she had not been violent—I did not hear any of the particulars—I do not know who brought her—she complained of having been very much ill used, and she bad the marks of several severe bruises on her arms, head, and shins—that was about a month ago—I should not think that her head was affected by those injuries; the most severe blows were on the legs.
JURY. Q. If she drank, would it excite her to such a degree as that she would not be conscious of what she was about, from the effect of the injuries she received? A. If she was in the constant habit of drinking that might be so.
EDWARD NEWTON (policeman). I apprehended the prisoner at her own house—I told her she must come with me for violently assaulting her child, eight years old—she said she had done nothing to any of her children, but she meant to put them all in the workhouse—she appeared very much excited, and as if she had been drinking—this was on the Friday, the day after the occurrence.
GUILTY of unlawfully wounding. Aged 29.— Confined Two Days.
MR. RYLAND conducted the Prosecution.
CAROLINE BAKER . On Monday evening, 20th March, I went to a fair at the Thames-tunnel—I got there at past 12 o'clock at night—I met Emma Lill, and she went with me, and a boy named David Jones—I saw the prisoner there—I did not do anything to him, I only danced behind him—I did not speak to him or touch him—he turned round and struck me in the forehead, and called me a cow—I put my hand up to my forehead and found that the blood was streaming down my face—he ran away as soon as he had done it; I ran after him, hallooing "Police!" till I became faint with lose of blood—I was taken to the station, and a doctor was sent for to dress my wound, and afterwards taken to the hospital—I could not see whether the prisoner had anything in his hand when he struck me.
Cross-examined by MR. HIBBERT. Q. You were dancing through the Tunnel? A. Yes; I am sure I said nothing to the prisoner—there were very few persons in the Tunnel at this time—I am certain the prisoner is the person—I saw his face, he turned round previous to striking me—I had never Been him before that I know of—when the officer took him, and I came up, I said, "That is the man that struck me"—I was right under a light at the time—I had had a glass or two of gin, but I was perfectly sensible; I have been accustomed to drink a great deal more than that, and two or three glasses would not hurt me.
EMMA LILE . I was with Caroline Baker in the Tunnel—it was between 2 and 3 o'clock in the morning when this happened—I saw the prisoner there—I did not see Baker do anything to him—she was not there when the words occurred—she was dancing the polka near the prisoner—she was
dancing it by herself—the prisoner was running after two young men—he turned round, up with his fist, and struck her on the left eye—he had something dark in his hand, I could not say what it was—she bled very much indeed—the prisoner ran away—I saw him stopped by the police—I am sure he is the man—I had never seen him before.
Cross-examined. Q. Who were you in company with? A. Martha White, David Jones, and Henry Littlefield—we had not been drinking together—it was lightish in the Tunnel—the gas was alight—I am wire I saw the prisoner strike this blow—I was sober.
COURT. Q. You said that Baker was not there when there were some words; what were the words? A. I cannot say exactly; it was with Jones and Littlefield.
DAVID JONES . I was at the fair in the Thames-tunnel with Baker and Lill—when we had been there some time, I heard Baker call out "Police!"—I looked at her, and saw blood on her forehead—I then called "Police!" also—I saw the prisoner about ten yards from her, walking away with a knife in, his hand—he shut it up and put it in his right trowsers pocket—a policeman came up soon after, laid hold of him, and took the knife from his pocket.
Cross-examined. Q. What was the quarrelling we have heard about between the prisoner and prosecutrix? A. There was no quarrel at all; I did not hear any words between them—one of the sailors with the prisoner came up to Littlefield and me, took hold of our collars, and attempted to shake our heads together—we had not been doing anything to them—that was two or three minutes before the blow was struck—I did not see the blow struck—I am certain I saw the knife.
JOHN MEHENICK (policeman, M 172). I was on duty in the Thames-tunnel on the night in question—about 3 o'clock in the morning, I heard a disturbance at one end of the Tunnel; I went towards it, and met the prisoner running, and Baker after him—she was bleeding from a wound in the forehead—she gave the prisoner in charge—I put my hand into his pocket, and found this knife—he said that she had fallen against the side of the Tunnel—there was no blood upon the knife.
Cross-examined. Q. Was the woman in liquor? A. She had been drinking, but was not very drunk.
SAMUEL TILLEY . I am a surgeon, at Rotherhithe. On Tuesday morning, 21st March, I was called to the station at Rotherhithe to see the prosecutrix—I found an incised wound over the left eye, about two inches long and penetrating to the bone—it was done with a sharp instrument—the blade of this knife (produced) would do it—a fall against the side of the tunnel would not do it—it was not a dangerous wound—she subsequently went to the hospital, and was there some time.
GUILTY of unlawfully Wounding— Confined Eighteen Months.
569. FREDERICK NORRIS, alias Patsy Conner SAMUEL BACON , THOMAS BRUNTON , RICHARD HILTON , and ELIZA BACON , were indicted for feloniously breaking and entering the dwelling house of James Harvey, and stealing therein 1 watch, value 10l.; and 1,780l. in money, his property.—2nd COUNT, feloniously receiving the same.
MR. METCALFE conducted the Prosecution.
JAMES HARVEY . I live at No. 11, Carter-street, Walworth. On 3rd or 4th March I was living there alone—I had some money in the house; I had it in two different boxes—one was a common deal box, and the other
a japanned deed box inside—they both had Chubb locks to them—the money was in the deed box—the other was merely a case—it amounted at least to 1,631l. in gold, and 150l. in notes, chiefly fives; there might have been a 10l. note among them, for aught I know—the sovereigns were not loose in the box; there was one paper parcel, which may be called loose; it was in paper, but the others were in bags—I should say there were seven canvas bags; they were of various sizes, they were common canvas bags, such as bankers use to keep sovereigns in—any one could handle them with facility—the door of the room was locked with a common lock, and a small padlock as well; that was the middle room, first floor—the outer door of the house required a large key, and a smaller one to unlock it from without—on going out it merely required pulling to; in order to get in you had to use both keys together, one would not undo it without the other acting at the same time—on Friday, 3rd March, I went out somewhere between 12 and 1 o'clock—I remember pulling the outer door very firmly after me—I returned home about 9 o'clock in the evening, and in putting my hand to the door I found that it had been considerably loosened by falling back, but it required the use of the keys notwithstanding to open it—I fastened everything up, and went to bed, and next morning, somewhere about 11 o'clock, I examined the deed box, and found everything perfectly correct and safe—on that Saturday morning I observed marks on the outer door, as if some instrument had been put to the side of the door, and chafed or dented it—to the best of my recollection I saw marks both on the hinge and lock side of the door—I did not notice the lock—I went out on the Saturday, I think, close upon 12 o'clock—I fastened the door very fast indeed, particularly so, and had locked the bedroom door—I am quite certain of that, and the box was all safe—I returned somewhere between 8 and 9 o'clock—I found all apparently safe in unlocking the door, but on getting up stairs I was surprised to see the front door of the first floor room vide open, and on turning to the left I saw that the middle door, where the money was kept, was also open—I found the two boxes, one beside the other, broken open, and the money all gone—I have never seen any part of it again—the boxes are here—the prisoner Eliza Bacon was in the habit of charing with me, her business was to be with me daily—I engaged her for the purpose of doing up one room merely—she did not always come, but she did occasionally—I cannot tell the last day she came, but in consequence of having received a very severe wound it was my fault perhaps that she did not come, if she did not find me—to the best of my recollection, I should say she came on the Wednesday before the robbery.
Eliza Bacon. I was there every day, I was there on the Friday and Saturday. Witness. If she was, it was unknown to me; I believe I saw her there on the Wednesday—I was in the habit of going down stairs to let her in, about 2 o'clock in the afternoon—she might have come while I was out, and have gone away again—she could get no entrance, she had no key of the door—I know where she lives, I have been to her house; it is in a court in East-lane, I do not know the name of it, it is a very little way from me—I believe once when I went there I saw the prisoner Norris cross the passage of her house, or stand some little time there; that is, to the best of my recollection—that was almost at the first of her coming to me; I cannot tell how long before the robbery, it was some weeks; I do not think she was charing for me above a month.
Cross-examined by MR. COOPER. Q. Is your's a corner house? A. I call it a corner house, there is a sort of avenue going to the street door; there
are not trees on each side, it is merely a sort of passage that leads to the street door at the right hand side, and there is a pantry door in the front—there are neighbours' houses adjoining—the door of the room in which I kept my money was always locked, and I always kept the key in my pocket—the window of that room looked into the garden in front of the house—I have occasionally gone to the public house opposite—I have not been in the habit of going to public houses for the last five or six years; but within the last six weeks I think I might have been somewhere about a dozen times, I may say—I have been to two houses, and I have been to a third twice, to the best of my recollection—I did not sit and talk there with the rest of the people—I carried a good many sovereigns about with me the last part of the time—I was not in the habit of carrying a large amount of gold in my waistcoat pockets, but about that time I did so; but it was out of sight—the greater part of them were in a green purse—I will not be positive how many I might have; some in a small bag as well—I had about ninety; I divided them into two, and carried them in my waistcoat pockets; I also had a purse and a few shillings in it in my pocket—when I went to these public houses I might be an hour there—I certainly took, something to drink during the time, chiefly sherry; not a bottle, sometimes a pint at the most, and very often much less, I think it was a quartern—I never considered that I wanted a companion to guide me home; I was led home one night, but there was no occasion for it—I cannot say whether I have been led home more than once by some stranger; I will not swear I have not—I had not counted my money for some time, but I had seen the inside of the box and the bags correct.
Cross-examined by MR. SLEIGH. Q. When did you begin to put your collection of sovereigns into bags? A. I should say about nineteen years ago, and I have been in the habit of counting them frequently—I should say I had not put in any for half a year before the robbery; I am not positive, it might be less than that—I say that, to the best of my recollection, Norris is the person I saw at Eliza Bacon's; if I could divide my oath into four parts, three parts out of the four would be that he was the man; it might be that one part I should like to reserve in favour of my conscience, and three parts would be the other way—I truly believe, and to the best of my recollection I would swear, it was him—I have never made a mistake in the identity of a person that I had once seen—I have never gone up to a person in the street, supposing him to be a friend, and found out that it was not the individual I had thought; I recollect persons too well to make mistakes—I can't say that I ever saw the person I believe to be Norris before seeing him at Bacon's—I never saw him afterwards till he was in custody.
MR. METCALFE. Q. Were you sufficiently sober, in the morning of Sunday, to find that your money was all gone? A. I was sufficiently sober for days previous, and was sober on 3rd and 4th March—not only was the money gone, but the bags also—I had seen those bags safe in the box on the previous day—I was perfectly sober on the Friday and Saturday, and for many days before, ever since I received a wound, some four or five days before the robbery—I never communicated to any one that I had these sovereigns in the house.
GEORGE QUINNEAR (police-serjeant, P 1). In consequence of information of this robbery, on Sunday morning, 5th March, I went with Mr. Harvey and examined his premises—I saw marks of violence on the outer door; they were marks of a crowbar or jemmy, about three quarters of an inch wide; there were marks on the door and on the post—I found that the lock
had been forced in with a crow bar—there were two locks on the door; the larger lock must have been opened with a key—I went up stairs to the middle room, and found a padlock; if that had been on the door, it must have been forced off—I saw the boxes; the lid of the wooden box had been forced open, and the Japan box was also forced—I know all the prisoners—I have seen Norris and Samuel Bacon together repeatedly within the last three or four months, and Brunton and Hilton—I have seen all the four male prisoners in company together, I should say a dozen times at least, during the last three months—I have never seen Eliza Bacon in company with Norris or Hilton—I have seen her repeatedly in company with Brunton.
Cross-examined by MR. SLEIGH. Q. Norris and these men live in the same neighbourhood, don't they? A. Norris's mother resides in the same neighbourhood as the other prisoners—I am not aware that Norris resides with his mother.
Cross-examined by MR. COOPER. Q. You apprehended Eliza Bacon? A. Yes, on the 10 th—she said she knew nothing about it—she also stated, when I told her the charge, that she did not believe the old man had got so many farthings.
ARTHUR POWELL . I live at 17, Bennett-buildings, Kennington-lane. On Friday-afternoon, 3rd March, I was standing outside the Beehive public house, at the end of Carter-street, Walworth, talking to the potman, Edward M'Fell, who was cleaning the windows—it is about eighty yards from Mr. Harvey's house—about half past 4 o'clock, I saw Norns go in at Mr. Harvey's garden gate—there is a little garden in front of the house—I saw him go inside the garden gate; it is a very small garden—it is about three yards from the gate to the house—at the time he went in, I saw Hilton and Brunton standing at the corner of Carter-street; the same end where I was, on the other side—Norris remained inside the gate about a minute, and then came out and joined Hilton and Brunton—they had three or four minutes' conversation, and Norris then went back again to Mr. Harvey's house, and staid for about the same time—he went inside the garden gate, and remained about a minute—Brunton and Hilton were standing a few yards from where they were standing at first—Norris went back to them, and they all went down Manor-road together—I saw Norris go into a house there; he took a key out of his pocket and put it in. the door; he then put it back into his pocket, and took out another key, and entered with the second—it was an empty house—he remained in there four or five minutes; the other two remained standing at the top of Manor-road—Norris then came out and went up to them—he then went back, and was going into the empty house again when a lad spoke to them, and they all three ran away—I do not know the lad's name, but I have seen him since (looking at a lad named Newberry, who was called into Court)—I think that is the lad, but he was in a different dress—this was on the Friday—on the Sunday following, I heard of the robbery; after hearing of it, I went into the Sir William of Walworth public house—I there saw Norris, Samuel Bacon, and another party who is not here—they were sitting down in front of the bar drinking together—I do not know what they were drinking—I heard Bacon say to Norris, "Is it to be wine again?"—I did not hear Norris make any reply—I have seen all the prisoners before, but not within two or three months of the robbery—I have seen Samuel Bacon and Norris in company together where I used to live, and Brunton—I think I have seen them repeatedly
together—I saw Eliza Bacon on the Sunday—she came into the public house and whispered something to her brother, Samuel Bacon, and called him outside; that was while Norris and the others were there—I enrolled myself in the Militia, and was taken for desertion, and imprisoned—while I was in prison I saw Norris, while he was in custody under this charge—I was coming out of the school, when he came from two or three and spoke to me—he said, "If you will say Quinnear put you up to say what you have said, I will buy you off, and give you a fin to spend"—I do not knew what a fin is—I did not make any reply—he said if I thought he knew anything about it, why did not I come to him instead of going to sergeant Quinnear, that would be much better than having three months for the Militia—I think this conversation occurred last Thursday week.
Cross-examined by MR. SLEIGH. Q. Was it on the Thursday morning on which you went a second time before the Magistrate? A. No, I had been before the Magistrate once in custody—I was taken before the Magistrate by an officer a second time, to be examined again—I did not give additional evidence on the second occasion—I did not on that second occasion say anything of what I have stated to-day; I was not asked; if I had been examined I should have stated it—I came to the police court in the van, therefore I had nobody to state this to on my way—I had a conversation with sergeant Quinnear at the police court, not about this affair—I did not tell him of this conversation with Norris—I have been in the employment of Mr. Ives about nine months; before that I was with Mr. Cross just upon four years—I left Mr. Cross because it was not a permanent situation, therefore I got another—that was the only reason I left Mr. Cross—I left Mr. Ives because the barman and I had some words about something; and Mr. Ives told me I did not exactly suit him; therefore I could suit myself and he would give me leave to go after another situation—I was not charged with robbing him, or anything of the sort—I was discharged, not for any crime—no charge was made against me by Mr. Ives, not of any material nature—Mr. Ives said he thought he had lost some cigars—I told him I knew nothing about it; and he said, "Well, you can get a place by this day week, and I will allow you time to go after another situation;" and he gave me a very good character when I had got it—he said he thought I had been robbing him—he did not say I should leave, because he believed I had been carrying on a system of robbery, but he did not wish to prosecute me because I was a young man—he did not say anything to that effect—he did not say he believed I had been robbing him, nor that he believed I had stolen the cigars—he suspected me—I have been tried before and acquitted; it was for stealing some money; and I went back to my situation at Mr. Cross's the next day.
Cross-examined by Mr. COOPER. Was that the only charge? A. Yes, the only charge in my life time, and then I was not guilty; it was another party—it was at half past 4 o'clock in the afternoon when I was standing outside the Beehive—there was nobody with me except the potboy—there are private houses adjoining the Beehive—it is only eighty yards from Mr. Harvey's—any one on the other side of the street could see me, and see the Beehive plainly.
Mr. METCALFE. Q. You say you were once tried for stealing money; who made the charge against you? A. A boy; he did not make it against me; it was another party that was along with me in the shop where the 3s. were missing—I was acquitted, and my master took me back immediately; I continued in his service until I left to improve my position.
JURY. Q. How long were you with Mr. Cross when you went back the second time? A. I was there twelve months; and with Mr. Bengough, at the corner of Cheapside, a nephew of Mr. Cross's—Mr. Ives charged me with stealing some cigars—he gave me a character when I left, for honesty and sobriety—the situation I was going to was at the back of the Victoria, and my parents thought it was not fit to let me go, and therefore I did not go.
EDWARD M'FELL . I am potman, at the Beehive. On Friday, 3rd March, I was cleaning the windows at the Beehive—Powell was talking to me at the time—the Beehive is at the corner of the street—you can see down Carter-street from there—Mr. Harvey's house is about eleven doors down, on the other side of the way—while I was standing there I saw Hilton and one just like Samuel Bacon, standing at the corner of Carter-street—I had never seen them before—a few minutes after I saw the one they call Patsey Conner, that is Norris—he was down at the gate of No. 11, coming from there, and smoking a dirty pipe—he was about a yard from the gate when I saw him—he walked up Carter-street—the others joined him, and then they all went towards the church into Manor-road:—I did not see where they went then—I was upon a pair of steps, cleaning the windows at this time—I was looking out into the road at times—I could look both ways, as the house stands at the corner—this was about half past 4 o'clock—on the next day, Saturday, 1 saw Norris and, I believe, Bacon—I should not wish to be positive it was him—they were dressed alike—they were walking up and down Carter-street, on the opposite side of the way to No. 11—I suppose they remained there five or ten minutes—I was then called to take out some beer, and when I came back they were gone—they were casting their eyes up, but I did not take any notice of it till I heard of the robbery on the Sunday—this was about half past 5 o'clock, on the Saturday—Norris had on a round jacket and corduroy trowsers—they were not near such good clothes as he has on now—he was dressed like the other men—I saw him on the Sunday, and he then had a new coat on.
Cross-examined by MR. SLEIGH. Q. You have not always been positive about these men being the men you saw on that day, have you? A. I have always been positive of Norris—I have never stated that he was very like the man—I speak to him with perfect certainty the same as I always did—it was the other one that I said was like the man.
Cross-examined by MR. COOPER. Q. Did the men see you? A. The one that was with Norris must have seen me, and they must have seen Powell; he was standing just by my side.
JOHN MILCOY . I am a bricklayer, and live at No. 26, Milk-street, Walworth. On Wednesday, 8th March, I was at the Red lion, at Camberwell-gate—I saw Hilton there—he said that he and Patsey Conner had been to a house in Carter-street on the Friday night, trying to get in, and they could not, and if Patsey Conner would not give him anything, he would tell sergeant Quinnear—on the Sunday before this, I saw Eliza Bacon and Patsey Conner against East-lane, opposite Carter-street; they were together—I saw Eliza Bacon that same night at the Bed Lion; that is only about two minutes' walk from Carter-street—she came up to me, and said she had put Patsey on to all the old man's money, and if I would come up the London-road, to try and meet Patsey, there would be a rare lush—I had known her before, and Norris and Hilton also.
Cross-examined by MR. COOPER. Q. When did you first state this conversation to anybody? A. On the Friday; it took place on the Wednesday
after the robbery—I mentioned it to Coppin the policeman; he came and fetched me, and took me to Mr. Lund—I had not mentioned it to anybody before I told him, that I know of—I might have mentioned it to somebody, and the policeman got hold of it and came and fetched me—nobody heard what Eliza Bacon said to me at the Red Lion—it was said outside the house—I had not been a friend of hers no more than speaking to her, and passing the time of day the same as anybody else—she came up to me all in a flustration and said it—I first heard of the robbery on the Wednesday, Hilton told me of it—I did not go and tell a policeman—I have never been taken up on any charge, and never accused of anything—I am at work at Mr. Clayton's, Portland-street, Walworth-common—I did not accept the invitation to go and have a lush—I hemmed and hawed, and walked away—I knew Hilton before this, as regards drinking with him—I had never gone out with him anywhere—I was quite surprised at his telling me this.
MR. METCALFE. Q. On the Sunday when you had this conversation with Eliza Bacon you did not know that the robbery had been committed? A. No; not till he told me—I had heard of it from several people, but not from him.
SAMUEL COPPIN (police sergeant, P 15). On Friday, 3rd March, I was on duty in Walworth-road, near Carter-street I saw Norris, Eliza Bacon, and a young man, who is not here, standing near the corner of East-lane, leading into the Walworth-road, between 8 and 9 o'clock in the evening—I spoke to them, I knew them well—I afterwards took Brunton on this charge—after the first examination before the Magistrate, I was in the yard where the van was, and I heard Norris as he was going into the van where the other prisoners were say, "Cheer up, keep up your peckers, we will square them all up, and we will all be turned up next time with the old man's money"—I took that to mean that they would be discharged at the next examination.
Cross-examined by MR. SLEIGH. Q. They were larking and joking, were they not, at the time? A. There was some laughing—he had the opportunity of seeing me when he said this.
Cross-examined by MR. COOPER. Q. They seemed to make a joke of the whole thing, did not they? A. They were laughing.
HENRY BOOK . I am shopman to Mr. Dunn, No. 13, Newington-cause-way; that is about-three-quarters of a mile from Walworth. On Saturday evening, 4th March, about 7 o'clock, Norris and Brunton came to our shop and bought two coats and a waistcoat, and paid me 4 sovereigns—I think it was Norris who paid me—he afterwards returned and bought a pair of trowsers—he paid me another sovereign, and I gave him change both times.
JAMES BOWDEN . I am a hatter, and live at No. 16, Newington-causeway. On Saturday, 4th March, Norris, and I think Bacon, came to my shop, about 8 o'clock in the evening—they bought a hat; Norris paid for it with a sovereign.
—I think Norris is the man who came to my house on a Monday, about three weeks ago—it might be a fortnight last Monday, but I am not certain—he called for a glass of the best port wine, and he pulled out a handful of sovereigns; as near as I can judge, something like 20—he paid me for the wine, and called for another glass—he said it was so good he would have another, and he pulled out the sovereigns again—I was taken to the prison and shown 18 or 20 men standing together—I picked out Norris from the others.
Cross-examined by MR. SLEIGH. Q. This was about Monday fortnight, you think? A. Yes; I do not think it was later than that—I think as near as I can recollect, that is the time.
MR. METCALFE. Q. Do you remember hearing of the robbery? A. I did the same morning that this chap came into the house; I cannot say how long it was after that—it was afterwards: I read an account of it in the paper—I had never seen the man before—I read the account in the paper in the morning, and this man came about half past 2 o'clock in the afternoon.
MR. SLEIGH called
MARGARET PEAK . I am in the employ of Mr. Attwood, who keeps a coffee-shop, in the Walworth-road; I have been in that employ three years next Aug. I know Norris—I remember hearing of this robbery at Mr. Harvey's—I think I heard of it a day or two afterwards—I remember seeing Norris at my master's some time before the robbery, and I saw some money in his possession, I should think about 6l. worth—it was all in silver—my master was not in the shop at the time—I have a mistress as well as a master—Norris gave me 4l. worth of silver, to give him gold for it—this was seven days previous to the robbery—the robbery took place on the Saturday, as far as I recollect—I am no relation of Norris—I gave him the gold the same day as I took the silver.
Cross-examined by MR. METCALFE. Q. You say this was all in silver; did not it appear strange to you? A. Not at all, for I have often seen him with pounds—I cannot tell you how he gets his money—he was always dressed respectably—he did not tell me how he happened to have 6l. of silver, and I did not ask him; it was no business of mine—I have never seen him dressed in a flannel jacket and corduroy trowsers—I know Brunton and Samuel Bacon—I have seen Brunton and Samuel Bacon at our place, not with Norris—sometimes he would come in when they were there, but I have never seen them together—I am not aware that they drank together—I did not take particular notice—I have often seen them as customers.
AGNES NORRIS . I am the prisoner's sister—I am a milliner and dress maker, and live at No. 2, Westmoreland-road, Walworth. I remember hearing of this robbery at Mr. Harvey's—I saw my brother on the Friday before the robbery—on that occasion I saw about eight or ten sovereigns in his possession; I cannot exactly say how many—I am certain that was on the Friday before the robbery.
Cross-examined. Q. What makes you remember it was on the Friday? A. Because he met me in the Walworth-road, and asked me to have something to drink—I declined, and said. I did not wish to go to a public house—he said, "Do you want any money?"—I said, "No," I had money of my own—he said, "You can have some if you wish," and he put his hand into his pocket and took out these sovereigns, and showed them to me—it was not on the Saturday, it was on the Friday—he has worked at the plastering and building line—I do not know whether he has done any work lately—he has been away from home for some time—he has not resided with us, on
account of our not having accommodation for him—I cannot recollect when it was that he last did any work—I did not ask him how he got those eight sovereigns—I am warehouse woman at a patent braid manufacturer's, and have been for the last three years;—it is at Messrs. Shoreswell and Hall's—I have not declined to say where I lived or worked—I did not refuse to give any information—I did to the officer, not to the Magistrate—the Magistrate sent the inspector to me, to satisfy him if I would do so, outside the door—I was to satisfy Mr. Lund as to my occupation, in order that I might get back some clothes which I had bought for my brother—the Magistrate had not asked me what my occupation was, but he said if I would satisfy Mr. Lund about it, he would grant me the favour—I did not tell the officer: I refused to do so—I do not know where Norris has resided lately, not since he left us—I think he must have left us about twelve months since—he may have slept now and then in the house since then, but has not resided with us—I have seen him with money when he was with us, 16s. or 18s. at a time.
JURY to SAMUEL COPPIN. Q. What was it that you heard Norris say? A. "Cheer up; keep up your peckers; we will square them all up, and we will all turn up next time with the old man's money"—I understood him to mean that he would square all the witnesses up; that the money would buy the witnesses up.
(Mary Ann Williams, the wife of a fishmonger, of No. 4, East-street, Walworth, deposed to Samuel Bacon's good character, but admitted his having been previously in custody; Eliza Cubit, wife of a French polisher, of No., 8, Walworth-villas, deposed to the good character of Brunton; and Henry Coif, of No. 4, George street, Camberwell-green, and William Lammerton, a bricklayer, of Windmill-road, Camberwell, to that of Hilton.)
NORRIS— GUILTY . Aged 19.
SAMUEL BACON— GUILTY . Aged 21.
BRUNTON— GUILTY . Aged 28.
HILTON— GUILTY . Aged 19.
Four years penal servitude.
ELIZA BACON— GUILTY . Aged 17.- Confined Twelve Months.
(Norris was further charged with having been before convicted.)
---- LAMBERT. I produce a certificate-(This certified the conviction of Frederick Norris, at the Middlesex Sessions, Nov., 1852, of larceny from the person, and confined nine months)—the prisoner is the person.
Before Mr. Recorder.
PLEADED GUILTY.** Aged 17.- Confined Twelve Months.
571. ROBERT POTTS , stealing, at St. George the Martyr, Southwark, 5 knives and 5 forks, value 7s. 6d.; and within six months 15 knives, 2 pair button hooks, 2 pair nutcrackers, 1 corkscrew, 1 penknife, 1 comb, 3 brushes, and 6 spoons, value 1l. 17s. 3d.; the goods of Benjamin Walmsley, his master: he
PLEADED GUILTY to stealing the forks and spoons, and received a good character.— Confined Eight Months.
(There was another indictment against the prisoner.)
PLEADED GUILTY . Aged 55.— Confined Six Months.
MR. LILLEY conducted the Prosecution.
GEORGE ROWBOTHAM . On 25th Feb., about 3 o'clock in the afternoon, the female prisoner and another woman came to my shop—Rogers asked if Mr. Rowbotham was in—I said, "Yes"—she said, "Can I see him?"—I said, "Yes"—she said, "Is your name Rowbotham?"—I said, "Yes"—she said, "Mr. Nash has sent me here to see if you will buy some tea"—they said they had been dealing with Mr. Nash for two years, and he had sent them, and had written my name on a piece of paper, which she showed me, and I recognised Mr. Nash's writing—she then showed me some samples of green and black tea, and said that their husbands worked in the docks, and this was their perquisite—Rogers was the one who had the samples—they both spoke—the other woman said that they lived in Friar-street—they said the tea was sweepings—I said I had never bought such things before, and I did not know why Mr. Nash had sent them to me—they said there were two half chests of it—they did not give it any of the trade names—I asked them if it was in chests or parcels; they said it was in parcels—after some conversation, I said they might bring it down about 6 o'clock, and I would look at it—about 6 o'clock the three prisoners and the other woman came—Rogers brought one half chest in—Holding had the truck, and I believe he brought in the other—they were nailed down, and covered over with sugar bagging—I asked them what they wanted for it—Margaret Rogers said 7l.—I said I thought that there was a large quantity for 7l., and I should like to see it—the two men were not in the shop at that time, they were outside—I asked if it was tea—Margaret Rogers said, "What else do you think it is?" and she moved about an inch and a half off one of the chests, and a small quantity of tea could be seen—I said, "I have not sufficient money to pay for it, and I should not like to pay it all down; I should like to have it examined first"—the other woman said, "We will see what we can do; we will go outside, and see the men; I could trust you 20l. myself but the men want the money to-night; they have got some particular use for it"—the two females said they had known Mr. Nash a length of time, and had dealt with him originally—I said, "You had better go up to him, and ask him if he can give you the balance," and that I should not like to pay them any money until I saw the contents of the chest—they went out again for a few minutes, and came back again with John Rogers—Margaret Rogers then said, in his presence, that if I would give them the 2l., they would wait till Monday morning for the rest—I gave Margaret Rogers 2l., which she handed over to John Rogers in my presence—I paid that as a deposit on the two half chests,' on the faith of the representation that they contained tea sweepings—they were to come again on the Monday morning—they went out, came back again, and said it was not sufficient, and they would not leave them unless they had the whole amount of the money—they said, it was Holding that was dissatisfied, and that he was drunk—they did not mention his name, but John Rogers said their mate was dissatisfied—Holding made a blustering noise, and said, "I am not satisfied"—I
said, "Well, bring the truck, and take them away"—he brought the truck to the door—I said, "Give me the money, and you can take them with pleasure; I am only sorry that you have got hold of my money; why Mr. Nash should have sent them to me I am at a loss to conjecture"—I said to Holding, "I have half a crown, and if you like to take that, and go about your business, I will give it to you"—that was in addition to the 2l.—they said they would take the half crown, and come back again on Monday morning—they then went away—I paid the half crown on the same account (they said they did not bring the tea in a bag, because it would, be more convenient to bring it in chests)—about half an hour after they left I opened the chests—one contained about three quarters of a pound of tea leaves, which had been used and dried, and was filled up with brickbats and sawdust; the second half chest contained about the same quantity of Canton green tea, which had been used; it had a mixture of pebbles with it, and was filled up with brickbats and sawdust—the chests were worth 9d., and the sawdust 1s.—the chests appeared quite new, as if they had just come out of the docks; a channel was made with lead, the tea was put there, and then a piece of board was hammered over very tightly, so that if you put your finger in you found tea; but it was only about half an inch deep; that was the case with both chests.
Cross-examined by MR. RIBTON. Q. What time did the two women come? A. About 3 o'clock in the afternoon; I did not see the men outside—they all came at 6 o'clock. I was to give 6l. or 7l. for the chests, they would have been worth about 11l. if they had contained tea—a half chest contains about 40 lbs.; tea is worth about 10d. a pound without the duty—they made out that they had not paid any duty on this, that it was perquisites—I did not think it was smuggled, but I thought it came out of the Government office, in Cutler-street, and that it was perquisites; and seeing Mr. Nash's name, threw me off my guard—I could buy sweepings, duty paid, at 2s. per pound—the chests would be worth 5l. each—the prisoners asked me 8l. for them at first, but they were to take 7l.—Mr. Nash is a grocer and tea dealer—this was the first irregular transaction I have had—until I parted with my money, I thought that the prisoners came by the tae honestly; and then they tried everything to prevent my opening it; they said, "You have no occasion to be afraid, we can leave it till Monday morning; and if you fear anything, we will throw it down and open it before your face"—I said I should like to see it; but being called away, as it was Saturday night, I got rather flustrated—I cannot find the paper Mr. Nash sent—ff the prisoners had not been so respectably introduced, I should have had nothing to say to them, but turned them out at once—it was really in consequence of that paper that I entered into negociations with them—I am sure I should not have given the 2l. if I had not seen that piece of paper, for I had not seen the prisoners before.
MR. LILLET. A. For what did you buy the chests? A. For tea, sweepings—I have seen sweepings before, but they are very rare; they are of far less value than tea—I had no notion that they had come by it' dishonestly till they insinuated something about their liberty—I have known, Mr. Nash about seven years, and should not have paid the money without his writing.
COURT. A. Did you pay it out of compliment to Mr. Nash's writing?—on the faith of Mr. Nash's writing? A. On the faith of Mr. Nash's writing, and knowing him so long.
MR. LILLEY Q. Do you mean to say you gave 2l. for Mr. Nash's
writing? A. No, I paid it on the tea, because I asked them to show it to me—if they had asked me 2l. on Mr. Nash's writing, I should not have given it to them.
HENRY NASH . I am a grocer and cheesemonger, of No. 29, Tower-street Waterloo-road. On Saturday, 25th Feb., the female prisoner and another woman came to my shop, and asked for a halfpennyworth of acid drops—after I had served them they asked me the price of a bag of sugar, which I had at the door—I said 3l. 10s.—they said they had, sold one the other day for 15s.—I said if so, they could not have, come by it honestly—they said, "Yes, and we have got a couple of chests, of tea for sale"—I said, "Have you got any samples?"—they said "Yes," and pulled some out—I said one was only tealeaves, but the, other was tea—I said, "I do not buy, anything, in this way"—they said, "Do not you know anybody that will buy them?"—I wanted to get rid of them, and I wrote Mr. Rowbotham's name on a place of paper—I told them the name first, and they asked me to write, it down, and I wrote on a piece of tea paper, "G. Rowbotham, 3, Church-street, Borough."
Cross-examined. Q. You thought it strange that people of their description should be selling tea? A. Yes—I did not do this as an act of kindness to Mr. Rowbotham; I gave them the first name that came into my head, to get rid of them.
HENRY HOUGHAM (policeman, L 159). On Wednesday, 1st March, from information I received, I stopped the two male prisoners in Harnett-street, Lower Marsh, Lambeth—Holding was wheeling a barrow—I asked him what he had got there—he said, "It is a right"—Rogers directly came up, and said it was all right that the barrow belonged to him—I was in uniform—I said, "I must know what there is there"—I took a skewer out, unfastened the sacking, and found a chest of tea on the barrow—I asked Rogers what he had got there—he said "Ornaments"—he then broke open the top of the chest, and I saw that it contained tea—I took them to the station—Holding said he knew nothing about it, he was merely employed by Rogers—I told them I took them for having the tea without being able to give a satisfactory account of it—I opened the chest at the station; it contained a little tea in front, where it was broken open, on a small ledge, about two inches deep; the rest was bricks and sawdust—the prisoners were present, and I think Rogers broke it open himself; he assisted; he was very anxious to break it up, and show what it was—he assisted in breaking up that part which contained brickbats and sawdust; he put his hand to it, and helped to lift the other part up, and show what it contained—he did say, "Do not break, them up," and that he got his living by them, and if people bought them it was only the biter got bit—on the following morning I found the female prisoner in custody, for being drunk and creating a disturbance, at the station.
Cross-examined. Q. Did Rogers tell you what he meant by ornaments? A. He said it was to ornament the front of a grocer's window; I think he said it was a dummy—there was a dummy cheese, and a dummy tub of butter produced before the Magistrate to illustrate it—these were ordinary tea chests.
MR. LILLEY. Q. Did he not say anything about dummies before the chest was broken open? A. No.
WILLIAM JORDAN . I live at No. 1, Vine-court, Spitalfields, and let out barrows to anybody who comes for them. I saw a barrow of mine in the possession of the police—I let it out to Holding, on 27th Feb.—I know
the date, because I put it down on the slate; it was on a Monday, between 3 and 4 o'clock in the evening.
MR. LILLEY to GEORGE ROWBOTHAM. Q. Do you use dummies? A, Yes; but I make my own.
Cross-examined. Q. If one was brought to you, would you purchase it? A. No; I never purchase such things.
COURT. Q. Was this represented as a dummy? A. No. (MR. RIBTON contended that there was no case to go to the JURY as to Margaret Rogers, she being the wife of John Rogers. MR. LILLEY stated, that it was laid down in Archbold, that a wife may be convicted with her husband in all misdemeanors; but that Margaret Rogers was stated in the indictment to be a single woman, and had pleaded as such. MR. RIBTON stated, that he would prove her to be the wife of John Rogers, and called,)
PATRICK HURLEY . I am the father of the woman at the bar—she has been married to Rogers two years, and they lived together as man and wife—I believe they were married at Hull—they have one child, it is named Patrick Rogers, the prisoner goes by the name of Mrs. Rogers.
(The COURT declined to reserve the point, but if the finding of the JURY rendered it necessary, would consult the JUDGES upon it).
JOHN ROGERS. GUILTY .** Aged 22.— Four Years Penal Servitude.
HOLDING. GUILTY .— Confined Twelve Months.
MARGARET ROGERS. GUILTY . Aged 19.— Confined Twelve Months.
(There was another indictment against John and Margaret Rogers, for a similar offence).
GUILTY . Aged 22.— Confined Two Years.
ADJOURNED TO MONDAY, MAY 8TH.
The following Prisoners, upon whom the Judgment of the Court was respited at the time of Trial, have been sentenced as under:
Vol. xxxix. Page Sentence