CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand,
JAMES DROVER BARNETT
Rolls Chambers, 89, Chancery Lane.
SESSION VII. TO SESSION XII.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, May 8th,1854, and following Days.
Before the Right Hon. THOMAS SIDNEY, M.P., LORD MAYOR of the City of London; Sir Cresswell Cresswell, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Thomas Joshua Platt, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Peter Laurie, Knt.; Thomas Kelly, Esq.; Sir James Duke, Bart., M.P; and William Hunter, Esq., Aldermen of the said City: the Right Hon. James Archibald Stuart Wortley, Q.C., M.P., Recorder of the said City: Francis Graham Moon, Esq.; Thomas Quested Finnis, Esq.; Sir Robert Walter Carden, Knt.; William Cubitt, Esq., M.P.; Henry Muggeridge, Esq.; and William Anderson Rose, Esq., Aldermen of the said City: Russell Gurney, Esq., Judge of the Sheriff's Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
DAVID WILLIAMS WIRE, Esq., Ald.,
GEORGE APPLETON WALLIS, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
SIDNEY, MAYOR. SEVENTH 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, May 8th, 1854.
PRESENT—The Right Hon. the LORD MAYOR; Sir JOHN MUSGROVE, Bart., Ald.; Mr. RECORDER; Mr. Ald. MOON; Mr. Ald. FINNIS; Sir ROBERT WALTER CARDEN, Knt, Ald.; and Mr. Ald. CUBITT.
Before Mr. Recorder and the First Jury.
MR. PARRY conducted the Prosecution.
GEORGE ABRAHAM DAVIS . I am a stock and share agent In March last I took the first floor of the house, No. 30, Percy-street, at a rent of 50l. a year—the defendant was the occupier of the house—I paid him 5l. on account, as he wanted money; he asked me to let him have it; he is a portrait painter—there is no ground whatever for saying that I was ever tried for breaking into a wine cellar in Coram-street—I have never been tried for any offence whatever; not a word of this libel, as regards myself, is true—since the defendant has been out on bail he has been to my banker's, and to persons with whom I deal, stating things against my credit—my wife's maiden name was Emma Berry—I have been married eight years—I received some money under some trust property belonging to my wife; I paid that money into the Royal British Bank, in trust for her, and the prisoner went to my banker's, and by that means ascertained my wife's maiden name—on Monday, 20th or 21st March, when I returned home from the City, my wife made a complaint to me about the defendant—she was agitated, and crying—I went down to the defendant, and asked him what he meant by making use of such abominable language to my wife and servant—he said she was a wh—, and so was my servant, and on that I knocked him down—there was a disturbance in the house, and we went before a Magistrate, who suggested that I should leave the house—I promised the Magistrate that I would leave before 12 o'clock that night, and I did so, and so did Mr. Benjamin—Mr. Benjamin is not a friend of mine, only a lodger in the house—I knew nothing of him till I went there
—the rent would have been due on 24th March; there would have been 7l. 10s. due, minus 5s. for the keys of the door, and 2s. 6d. for the agreement—I did not pay the prisoner that rent, because the landlord said that he had received no money whatever from the defendant—I was about two months in the house—this libel was first brought to my attention a week after I had left the house; it was sent to me by Mr. Benjamin—I went round the neighbourhood of Tottenham Court-road, and saw these placards in the shop windows; I should think there were about 100 in the neighbourhood—there were none upon the walls—I went to the Royal British Bank, and found that the prisoner had taken one there—(the libel being ready charged the prosecutor, among other things, with having committed a burglary in a wine cellar in Coram-street, and alleged that he was living with a woman named Berry, as his wife.)
Cross-examined by MR. BALLANTINE. Q. I believe what you went to Marlborough-street upon was a charge against you for assault? A. No, it was the other way; I charged the prisoner with an assault—I do not think I was called upon to enter into recognizance; Mr. "Wontner's clerk will tell you—I really forget—I did not sign any paper—the Magistrate said we were to be bound over in 20l. each to keep the peace until I removed—I have always gone by the name of George Abraham Davis—I do not know a person named George Alborough Davis; I do not know that a person of that name was convicted, I never heard of that name—I have been to sea a good many years—I believe Mr. Onion is a portrait painter—I do not know whether he is an artist of considerable eminence—his name is on the door "E. J. Onion, portrait painter"—I did not know that he painted portraits; I knew he was a painter when I took the lodging—he once showed me his pictures, one that he said was worth 1,000l., by Annibal Caracci, and I saw him with something on an easel, painting—I was not subpoenaed as a witness in an action about a portrait—I was present when such a case was tried in the County Court—the prisoner brought the action for payment of a portrait he had painted—I do not consider that I owe the defendant anything, until I hear from the landlord that I may pay it—it is a question whether I am justified in paying it—I think I have paid enough now for the 7l., I do not owe it him—I agreed to take the place at 50l. a year—I promised before the Magistrate that I would pay the 7l.—I have not broken my word—I have not paid it; I had a notice from the landlord not to pay—I am going to pay it as soon as it is convenient—he has taken good care at present that I should not be able to pay anything at all, as far as to getting credit—I got my things away, but I have not paid the money, because the landlord gave me notice not to do so—I did not ask the land-lord to put a distress in—I sent round to the landlord to ask if our goods were safe against his rent for 100l. odd, and that was his answer; that was a month before we removed the goods—I am a stock and share agent—I am not on the Stock Exchange—I deal on my own account, I buy and sell in the Alley—I have a house at present, but if I give my address I shall be served the same as I have been all along, having my door placarded, and have to turn out again—I have no objection to state where I am living, provided I am certain of having peace when I get home—it is No. 62, South Moulton-street—there had been quarrels with one and the other ever since we went to the prisoner's house—I know nothing about my servant shaking the carpets immediately under the window of his painting room—I go into the City at half-past 9 o'clock and return at 4 o'clock—I heard of it one day, and I went and explained to him that it should not occur again—it did not
occur again—he sent me up a ticket for the Polytechnic, or some place of amusement, that same evening, and I went.
MR. PARRY. Q. Bid this quarrel about calling your wife this name occur once, or more than once? A. Only once, that I know of—he struck me before I struck him; he struck me with his fist, and he struck my wife with an iron bar—I have been continually annoyed by the defendant since I left his house, by his sending parties in the City—I had two accounts with the Royal British Bank, at the Strand branch, and one in the City, and since this they have given me a written notice to withdraw my account.
JAMES CHARLES PRIDDLE . I am foreman to Messrs. Emery and Co., tailors, of Regent-street On 30th March I called at No 30, Percy-street, to receive an account from Mr. Davis—I saw the defendant—he asked me whether I knew Mr. Davis—I said I knew him by having done business with him, and he went and fetched me this bill—I said he owed us a small account—he said this would explain my inquiries—he said he had had these bills printed, and had distributed them among the neighbours, to warn them of his character.
GEORGE ABRAHAM DAVIS re-examined. I have been in this country since 1849—before that I was at sea; I have been in the East and West Indies, and in North and South America, as a sailor, on board the Abercrombie, Robinson, in the East India Company's service.
THOMAS TAYLOR . I am a tailor, and reside at No. 238, Tottenham-court-road. The defendant brought a bill to me similar to that produced; it was early in April, or at the latter end of March—he said that, as a tradesman, I was of course bound to assist him in this affair—he represented Mr. Davis as a swindler—I exhibited the bill in my window—I did not do so until I saw them in several windows in the neighbourhood, which led me to infer it was true.
THOMAS JONES . I am in the employment of Mr. Tingay, the proprietor of the Bedford Pantechnicon. The defendant gave me this bill, and told me to give it to my master—he took it from a window in the hall—I should say there were about twenty or thirty more in the place he took it from—my master did not exhibit it.
WILLIAM STEPHENS . I am a bookseller, at No. 42, Tottenham-court-road. The defendant left this bill on my counter—he said the contents were true, and he wished to guard the public against receiving these lodgers—that was the reason I exhibited it.
Cross-examined. Q. Have you known the defendant any time? A. Only since he has been in Percy-street; he is an artist, I have heard; of some celebrity.
GUILTY . Aged 51.— Confined Three Months, and at the expiration of his Sentence to enter into Recognizance, and find Security to keep the Peace for Twelve Months.
NEW COURT.—Monday, May 8th, 1854
PRESENT—Sir JAMES DUKE Bart, Ald.; Mr. Ald FINNIS; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fifth Jury.
MR. LAWRENCE conducted the Prosecution.
EDWARD TOLLITT . I live at Ruislip. My mother, Bosetta Tollitt lives there, and keeps a grass farm—I act as foreman, and assist in her business; the prisoners were in her employ on 14th March—Hill's duty was to take hay to market—Ruislip is about fifteen miles from town—Hill was allowed a bottle of hay as provender for his horses; that is about forty pounds, and he had his feed in nose bags—on 14th March, some hay was shown to me by a constable; I could identify it as belonging to my mother; it is now here.
Cross-examined by MR. RIBTON. Q. Are you a partner with your mother? A. No. I am living with her, I have not said I was a partner with her—she was called to contradict it—it was a mistake as it was taken down—she is not here—Hill has been in the service of my father and my mother about thirteen or fourteen years—he takes hay out to sell every other day—he takes out two carts with two horses in each, and a load of hay, thirty-six trusses—I cannot tell where he takes them to sell—he sells them to different customers—he is a salesman—he leaves about 2 o'clock in the morning, and returns about 7 or 8 o'clock in the evening—he would be away fifteen or sixteen hours—I am carrying on business for my mother, and have been nearly twelve months—Hill was in her service about twelve years before that—I found him as a salesman there—I had no quarrel with him—on the night before this he spoke very abrupt both to me and my mother, and I said to him, "I wish you would be a little more civil;" he was continually swearing, and was a very great annoyance to all—that was the whole of the quarrel—I did not complain of his not saying; "Sir" to the, but he spoke in a very abrupt manner; he said, "I wish you would let us have that key; you are locking everything up"—the hay was shown to me on the morning of 14th March—it might be a quarter of an hour after Hill had started—Hill was not present when the hay was shown to me—Lavender assists Hill—I believe Hill has been in the habit of taking more hay than usual, but it was not allowed—I did not take notice of the time he came home that night; it was about 8 o'clock, I dare say.
RICHARD BEMAN (policeman, T 75). On 14th March, I was in Mrs. Tollitt's rick yard, about half past 1 o'clock in the morning—I saw Hill there, he went to the stable through a small paddock or meadow—I followed him, and saw him in the stable—I heard him say to Lavender, "Now, Jem, fill your sack"—I "had not seen Lavender at that time—I then saw Lavender bring his sack outside the stable door, and then Hill brought out his sack—they brought them to the rick yard; Lavender placed his sack on the side of the cart he was going with; and Hill placed his on the side of the cart he was going with—I know what a bottle of hay is—each of the carts had a bottle of hay on them, which was on them at 9 o'clock the night before, when the carts were loaded and ready to go to London—I took the sacks of hay in my possession, and have had them ever since under lock and key.
Cross-examined. Q. You saw them place the sacks in the carts? A. I saw them place them on the sides—any one could see them—I took the sacks away in about twenty minutes after they were placed on the sides of the carts—after they had put the sacks on the sides of the carts they went off, after they had put the horses to—they had got from a quarter to half a mile when I took them—I was in a small paddock, within ten yards of the stable door, when I heard the conversation—when I took the hay I brought it back to Mrs. Tollitt's, but still kept it in my own possession—I believe
the prisoners came home about 9 o'clock the next night—I waited till they came home, and took them—I handcuffed them together, and took them to the station—they were bailed that night, or the next morning.
JURY. Q. When you took the hay, did they say what they were going to do with it? A. No; the sacks were not concealed, they were on the sides of the carts—nothing passed between me and the prisoners—Hill said, "Do you want anything more?" I said, "No"—he said I might have the b—y lot if I liked.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
ADAM MEEKIN . I am a tin manufacturer, of No. 30, Red Cross-street. The prisoner was in my service; I paid him 11 a week wages—I had three horses, and two sets of harness on 6th Feb.—I left town on that day, leaving the horses in charge of the prisoner—when I came back I found two horses—I spoke to the prisoner about the other horse—he said he was sorry to say one of the men had taken it out; it came home ill, and died; and he sold it to a slaughterman—I was afterwards on Snow-hill and saw the horse in another person's possession, tolerably well—I saw the prisoner the same day, and charged him with stealing the horse—he said nothing particular—I endeavoured to find a policeman, but could not, so the prisoner went off, taking advantage of it—I saw him next day, and gave him into custody.
Cross-examined by MR. ROBINSON. Q. Tell me the date you went out of town? A. I believe it was on 6th Feb., to the best of my knowledge; I am constantly going out of town—I went out of town on that occasion, because I was afraid of an arrest—I am tin manufacturer to the Queen—I and my family have carried it on for upwards of a century, serving the Queen with tin mess-cans—I have carried on the business myself in Bed Cross-street for twelve months—I had a partner up to Christmas; we then parted, and there were some Chancery proceedings; the result was that there was an injunction against me from selling any of the things on the premises—I did not send any things that were on the premises away after I received the notice of the injunction—I cannot tell when the Chancery proceedings with reference to the injunction began; it was about Christmas—I cannot tell when I sent any of my property away from my place for the purpose of removing it—I did send some a short time before I received the injunction—this paper (produced) is my writing—I sent a large amount of goods away from my premises—I cannot say the date; it was about Jan.—they were sold to the prisoner; he was to have paid 30l. or 40l. for them; they were ironmongery goods, fenders and fire-irons—I cannot tell how many fenders there were—I believe there were some cash-boxes; I cannot tell how many; very likely there were two dozen—there were some tools—I cannot tell what the prisoner wanted with them; he purchased them of me, and I sent them to him—he came and asked me to sell him these things,—I expected them to be paid for—I did not ask him to buy them; he asked if I would sell him these goods—I cannot say whether he mentioned the goods; I believe so—he agreed as to the price of the things, certainly—he was as well aware of the price as I was—he had bought small articles of me before, which are entered in the book—he certainly never bought two dozen cash-boxes of me before—I cannot say whether he had ever bought fenders or tools—I have not my books here—on my oath, I did not send these things away in order to prevent the injunction—I have got some of
them back; I am sorry to say not a great many—the prisoner wished to go into business when he left me—I sold him these goods, and when I found he could not pay for them, I fetched them away; and instead of being the whole quantity, they were half of them short—the cash-boxes were short—I have not my books here, in which the prisoner's wages are down from week to week, from five or six months ago—he came into my service about Oct. last—I went on paying him till Christmas; my books will prove it—I have not my books here—I mean to swear I paid him his wages up to Christmas; every penny, and more—there were three horses belonging to me—the prisoner did not buy one, certainly not—I should think I bought them all—I paid for them—I dealt with the person who sold them, and to whom they belonged—I made the bargain myself—I had had one of them about nine months; that I used for the business; another I bought at a sale at Aldridge's—the third I bought from a gentleman at Brunswick-square; his name was Miller—neither of those was the horse I charge the prisoner with stealing—I changed away another horse for that—I changed my galloway for it, the one that I had nine months, with a dealer in London-wall; I forget his name—I have known the prisoner two or three years—I knew him first as an actor—I am not a bit of an actor—I have done a little in the amateur way—my cab was working sometimes when the horses had nothing else to do—there was a license taken out—I did not take it out—I drove the cab once, when the man did not come to his duty—the cab and horses were kept in London-wall—I removed my stable just about the time that I sent this man to take these stables for me—I have since learned that he took them in his own name—he never paid anything—the horses were removed, because the person the stable belonged to became a bankrupt—I heard that he had become a bankrupt after my return from the country—I had not heard it before I went away—I was away about a week, I think—I saw the horse afterwards in the possession of a man named Shelton—I had seen him once, but I should not have known him personally if he had not spoken to me—I believe no rent was paid for the stable where the horses were—there was no bill sent in—I paid for the keep of the horses—I cannot say how much I paid—I have my bills and receipts at home—I had a bill come in from Smith and Son for 18l.—I have not paid it yet—I have paid a good deal in my time—I cannot tell what I paid for the keep of these horses up to 6th Feb.—I paid the prisoner his regular salary from Christmas to Feb., 1l. a week, and sometimes more—I swear that I paid him his salary regularly; if not week by week; it might have gone eight or nine days—I paid him at every opportunity, and overpaid him—I cannot tell whether he had on one occasion to hire another cab—he has done such monstrous things; whether he has done such a monstrous thing as to hire another cab when mine was broken, I cannot tell—I got another partner about 6th Feb.—I got rid of the partner about Christmas—I think I must not admit that he was a partner; he merely placed a sum of money in my hands—I have got another partner, a different person from the first—I got rid of a portion of my property, which is a mere trifle in my stock—there were other goods I sold to this man—I got a fresh partner after I came back from the country—I made a fresh arrangement with the prisoner, that he should be my servant, at 1l. a week; that was at his request—he wanted an arrangement that he might not be discharged—I have since been able to comprehend his meaning for that—he was to be my servant, at 1l. a week, as usual, but at that time those goods which he had of me I had not fetched back—he said
they might be returned—I suppose he knew that so many of them were gone—these papers (produced) are my writing.
MR. BALLANTINE. Q. Where do you carry on business? A. At No. 30, Redcross-street; up to last Christmas there was a person who had some share in the business—he had thrown some money into it—it was at his application that the injunction was put in—the prisoner was in my employ at that time, more as a servant than a tin manufacturer—I had known him some time before—I met him accidentally, and he begged to be employed, and I took him into my employ—he never made any complaint that his wages were not paid, or asserted that he was a partner—there was never any pretence made that he was a partner till at the police court—I am quite sure that he said he had sold the dead car case for 10s., and there is a person to prove it—I am still carrying on the tin business with another person—I expected that the prisoner got the license for me—I had no idea that he ever used his own name in the cab business; certainly not, or that he ever claimed to be anything but a servant.
WILLIAM SHELTON . I am a grocer and cheesemonger, and lire at No. 24, Kirby-street I have known the prisoner about three years—he lived in my house—he was in service, but I don't know what—he sold me a horse about the latter end of Jan.—I gave him for it—the horse was lame at the time at the farrier's shop—there had been several people to buy him before me—I told the prisoner that if the horse recovered I would give him 3l. more—he got well after three weeks, and then I drove him a little—the prisoner did not say anything when he sold the horse—I went to the farrier and asked if he was worth the money—when the prisoner asked me to buy it I thought it was his—his name was on the cab—Kingston and Meekin had sent him to me to try to sell a horse before—I thought it was all right.
Cross-examined. Q. You thought the horse was ill? A. Yes; I considered the price I gave was a fair price—it was too much, as it turned out—the farrier said at first that I had given too much—I had seen Meekin at my place trying to sell me a horse—I might have seen him two or three times—I cannot say whose name was over the stable—I did not go there—I knew that Kingston's name was on the cab—I have known the prisoner three years—I had known Meekin six or seven months—Kingston has borne a very good character; I never heard any one speak against him.
MR. BALLANTINE. Q. Be good enough to tell me what he really was? A. He was in the theatrical most of his time—I hare seen Meekin and him together—I have paid for this horse—I paid part in money; I think about 3l. 10s.—there was 2l. the first payment, and I paid 10s. to the farrier before I could get him away.
MR. ROBINSON. Q. Did Mr. Meekin pay you back the money? A. I received 5l. of him, but it cost me 7l. to get the horse well.
WILLIAM HENRY DRINKWAER . I know the prisoner—he never told me what he was—I know that Mr. Meekin had three horses—the prisoner told me about one being a jib horse; it was ill—I took it to the farrier's at his request—it must have been the very latter end of Jan.—I asked the prisoner afterwards about the chestnut horse; he said it was dead.
Cross-examined. Q. What are you? A. Servant to Mr. Meekin, and have been so ever since the first Monday after Christmas—I was before a cab driver—I am now employed by Mr. Meekin—Mr. Kingston engaged me, in the presence and by the sanction of Mr. Meekin—they were both in
the stable together—Mr. Kingston paid me my wages when Mr. Meekin was out of town—the prisoner did not pay me more than twice, if he did twice; I think it was but once—I entered Mr. Meekin's service the first Monday after Christmas—I cannot tell when the cab business ceased—I kept no diary—I entered the service in Jan., to clean the cab and do the cab work—I am now in his service in the tin line—I dare say I have been two months in his loft since the first onset.
MR. BALLANTINE. Q. What was the prisoner? A. I don't know what he was more than a servant—he used to come down and order me to get the cab ready, and I did so.
WILLIAM PARKER (City policeman, 135). The prisoner was given into my custody by the prosecutor, for stealing a horse—I went to a public house with the prosecutor—he went in and spoke to the prisoner—the prisoner came out with him, and said, "I suppose you intend to give me in charge?"—he said he would go to the station with me.
COURT to ADAM MEEKIN. Q. Was the horse you saw in Shelton's possession a chestnut horse. A. Yes.
(The prisoner received a good character.)
NOT GUILTY .
PLEADED GUILTY . Aged 16.—(The prisoner received a good character.)— Confined Two Days.
PLEADED GUILTY . Aged 34.— Confined Six Months.
PLEADED GUILTY . Aged 13.— Confined Three Months.
PLEADED GUILTY . Aged 15.— Confined Three Months.
PLEADED GUILTY . Aged 21.— Confined Three Months.
PLEADED GUILTY . Aged 36.— Confined Three Months.
PLEADED GUILTY . Aged 41.— Confined Six Months.
JAMES WALTHAM . I and a coal merchant, of Peter-street, Islington. I contract to cart coals for Mr. Hardy; the prisoner was in my service as carman for ten or twelve year—on 4th April I sent him with four tons of coals, which he was to deliver to Mr. Bissenden—he had previously on the same day carried out a four ton load the same as this—I did not give him orders to take five sacks anywhere—I received the money for the four tons of coals delivered to Mr. Bissenden, 4l. 11s., that I handed over to Mr. Cardell—I received the receipt and the delivery note from Mr. Cardell—this is the delivery note I gave to the prisoner when he took the coals.
JACOB BISSENDEN . I am a baker, and live at Chatham-street, Pimlico. On 4th April, I received some coals, I ought to have had four tons—I believe it was the prisoner brought them, but it was rather late in the evening; the person who delivered them brought me this note—there were two other men with him—after they had been there some time I went out and saw that there were three or four corn sacks there—not coal sacks; and they were delivering coals out of them—I made an objection to it to this man—I said they were not proper sacks to put coals in, and he said they had some broken sacks, and they were obliged to put them in these—I said, "Well, you may shoot them"—and one of the men said, "I have got five sacks for another person"—this railed my suspicion, and I told the prisoner the coals were mine—he said they were not, he had to take them to another place—I asked where, and he said somewhere in York-street—I paid the prisoner for the coals, and directed my son to follow the wagon.
WILLIAM BISSENDEN . In consequence of some directions from my father, I followed the coal wagon—there were three men with it—I first saw the men at my father's—I could not swear to the prisoner; I did not see his face—the men went to the Coach and Horses in York-street, and they took out the coals, and took them in the side door of the public house.
GEORGE PHILLIPS . I am employed to take care of the Coach and Horses. Mr. Cord is the landlord of it—on 4th April, the prisoner came with some coals between 7 and 8 o'clock—he said he had half a ton of coals to deliver to me—I said, "Who sent them?" he said, "Mrs. Cord"—I asked where the delivery ticket was—he said I should find that all right at the other house—Mr. Cord has another house, the Duke of Bridgewater—the prisoner said he had four tons to deliver at the Duke of Bridgewater, and that Mrs. Cord took in three tons and a half, and said he was to bring the other half ton to the Coach and Horses—he made me this bill and receipt for them, and I paid him 11s.
MRS. CORD. My husband keeps the Duke of Bridgewater. I was there on 4th April—there were no coals left there that day—I gave no directions to the prisoner to take coals to our other house—the prisoner came to me in the morning, and said he was at the other house last evening and saw Mr. Cord—he told me he had left coals at the other house.
SAMUEL CARDELL . I employed Mr. Waltham to deliver coals for me—I sold some coals to Mr. Bissenden a day or two before 4th April—I sent them on 4th April—I gave the prisoner one order in the morning and then the other which he was to take to Mr. Bissenden; I received the 4l. 11s. from Mr. Walter.
MARK LOOME (police sergeant, B 11). On 6th April I went to the prisoner with Mr. Waltham—I asked him if he had token any coals to Mr. Bissenden on 4th April—he said, "Yes, four tons"—I asked him if he had taken any to any other house in Westminster—he said, "No"—I asked him
again, and he said "Yes, half a ton; I received them from one of the Carmen on the railway"—I took him into custody.
JEREMIAH BURNELL . I was employed at Battersley's coal wharf on 4th April—I helped to load four tons of coals that day—I saw the prisoner there; he stood and looked on, and when the wagon was loaded he went away with it—there was nothing else in the wagon but the four tons that I know of—I dare say I should have seen it if it had been in—I have no doubt about it—the wagon would hold more sacks than the four tons if you threw them on the top for riders—there were some white sacks, and three or four sacks of coals were loaded in these white sacks.
THOMAS HAYWOOD . I am wharf clerk at Battersley's wharf I produce the ticket book—on 4th April I loaded the prisoner two loads of coals, four tons in each load, from Mr. Cardell's—the prisoner brought these orders to me, and then I delivered him the coals.
The prisoner's statement before the Magistrate was here read as follows:—"I don't know anything about unloading Mr. Bissenden's coals; I was not nearer to his house than Hyde Park corner; I met the empty van at the corner of High-street; the coals I sold to Mrs. Cord came out of one of the Great Northern Vans."
GUILTY . Aged 50.— Confined Three Months.
HENRY PAYNE . I am shopman to Mr. George Emery and his partner, of No. 43, Farringdon-street. On 28th April I saw the two prisoners standing at the hop—Bramley snatched the first piece of goods on the rail—I ran round the window to stop them—I went out at the Holborn door, and saw Bramley drop the piece—I had seen both the prisoners about the door several hours previous—Williams was screening Bramley in the passage—I did not see Williams do anything when Bramley took the cloth—this is my employer's property.
WILLIAM LEE (City policeman, 233). I was on duty on Holborn Bridge on the night of 28th April—when I came down to the corner Bramley was running in a direction from Mr. Emery's across the road to the other side of the way—in consequence of information from Payne, I ran and apprehended her—she said, "I have done nothing; I am innocent"—I took her to Mr. Emery's, and saw Williams in custody of the shopman.
Bromley's Defence. I am innocent, and I don't know Williams.
†BRAMLEY— GUILTY . Aged 19.— Confined Six Months.
NOT GUILTY .
OLD COURT.—Tuesday, May 9th, 1854.
PRESENT—Sir JAMES DUKE, Bart., Alderman; Mr. Ald. HUNTER; MR. RECORDER; Mr. Ald. FINNIS; Mr. Ald. CUBITT.
Before Mr. Recorder and the Second Jury.
PLEADED GUILTY † Aged 28.— Confined Twelve Months.
PLEADED GUILTY . Aged 21.—Received a good character.— Confined Six Months.
(There were two other indictments against the prisoner.)
589. MOSES MOSES , feloniously receiving 148 yards of silk hat Plush value 60l.; the goods of Cooper Tress: also, 156 Persian goat skins, 36l.; the goods of Edward John Jones: and 48 kid butte, 11l.; the goods of Thomas Self: also, 1 portmanteau, 14 shirts, 6 collars, 10 flannel shirts, 3 pairs of drawers, 16 pairs of socks, 3 neck handkerchiefs, 6 handkerchiefs, 4 waistcoats, 2 coats, 3 pairs of trowsers, and 1 case of surgical instruments, 15l.; the goods of James Phillips: also, 50 yards of woollen cloth, 2 yards of silk plush, 2 waistcoats, and 4 waistcoat pieces, 42l. 10s.; the goods of Adenoma Antill and another: also, 1 salver, 1l.; the goods of James Stewart Ringer: also, 82 lbs. weight of wool, 20l.; the goods of Henry Bateman: also, 233 yards of silk hat plush, 80l.; the goods of William Hodgson and another: also, 280 yards of grogram, 84 yards of black Russel cord, and 112 yards of gambroon, 20l.; the goods of George Frederick Rossiter; also, 31 bracelets, 1 padlock, 21 brooches, 887 shirt studs, 80 lockets, 42 watch keys, 19 other padlocks, and 2 amulets, 235l.; the goods of Alexander Alexander: also, 186 shawls, 40 handkerchiefs, and 351 yawls of flannel, 160l.; the goods of James Hargrave and another: also, 120 yards of damask, 18 yards of velvet, 12 yards of tapestry, and 8 yards of woollen cloth, 56l.; the goods of John Gregory Grace: also, 1 dozen kid calf skins, 4 dozen seal skins, and 6 dozen and 11 morocco skins, 27l.; the goods of George Matthews: also, 88 yards of silk hat plush, 48l.; the goods of Define Le Blond: to all which he
PLEADED GUILTY . Aged 45.— Transported for Fourteen Years.
590. EBENEZER JAMES COLLINS , feloniously forging and uttering a request for the delivery of 12 yards of silk, with latent to defraud.— He was also charged upon two other indictments with like offences: to all of which he
PLEADED GUILTY. Aged 24.—The prisoner received a good character, and was recommended to mercy. — Confined Ten Months.
RYLAND conducted the Prosecution.
ROBERT CRIPER . I am a basket maker, of No. 44, St. John-street, Smith-field. On 10th April, about 3 o'clock in the afternoon, I was going down King-street, Snow-hill—I saw the prisoner, with two other parties, standing against the wall—just as I passed them I felt a twitch at my pocket—I had my hand at my pocket at the time, because I had 500l. in my pocket, and was going to my solicitor, in lincoln's-inn-fields—I turned round, and saw the prisoner deliberately throw the handkerchief away from his hand, between the leers of his accomplices—I directly laid hold of him, and a friend
who was with me stooped down and picked it up—I saw him do so, and he kept possession of it till he gave it to the constable—I know I had it in my pocket shortly before this happened—this (produced) is it.
Cross-examined by MR. PAYNE. Q. Is your friend here? A. He is not; I did not lose my 500l.—I had wiped my nose with my handkerchief just as I was turning into Snow-hill—I do not know that I have any particular mark about the handkerchief—the prisoner and the other two men were standing with their backs against the wall—I swear that I saw the prisoner throw down the handkerchief—he had left the other two, and came part of the way on the flags—I was almost close to the prisoner when I saw him throw the handkerchief down; as I turned round I saw it go from his hand—the other two started off when the handkerchief was picked up—my friend is an osier merchant, living at Twyford—I did not observe any persons near us at the time this happened; I only saw the prisoner and his companions—there might have been persons passing, but I did not notice them—when I took hold of the prisoner, he said, "You have got your handkerchief; let me go; what do you want to punish me for?"
JOSEPH ENGLAND (City policeman, 217). I met the parties, and saw the sergeant receive the handkerchief—I told the prisoner the charge—he said he knew nothing about it—I asked him where he lived—he gave an address—I could not find any one there that knew him.
Cross-examined. Q. Is there any person here from the house? A. No; I got this handkerchief from sergeant Wilkins—he gave it to me on Snow-hill—he is not here—I saw him get it from Mr. Criper's friend—it has been at the station in Smithfield ever since, in the custody of the inspector.
MR. RYLAND. Q. Has it been kept there under lock and key? A. Yes; it is the same handkerchief.
GUILTY . Aged 18.*— Confined Twelve Months.
JOSEPH METCALF . I am a former, of Enfield Lock. On the morning of 5th May I got up at a quarter before 6 o'clock—I was not called up—I received information that my stack was on fire, which was within one mile of my house, between Ponders-end and Enfield, in a field which opens upon the towing path, which is a public road—there is a hedge between the stack and the towing path—persons going from Enfield Highway would pass by the side of the river Lea, cross the pathway, and go into the village of Ponders-end—the road and towing path form one, between Enfield lane and Ponders-end, but no farther—when the alarm of fire was given, I went by the towing path towards London; my house opens on the towing path—I met the prisoner on the towing path, about 200 yards on this side of the stack, going in the direction of my house, away from Ponders-end and towards Enfield Lock; he was walking—I said, "My good fellow," or "Good friend, where have you come from?"—he said, "From London"—I asked him whether he walked or rode; he said he walked—I asked him what time he left London; he said, "About two hours ago"—I said he could not reach there under three hours; the distance is twelve or thirteen miles—I told him I must detain him—I took him back with me into the field where the fire was, and he was afterwards given into custody—the top of the stack and three sides of it were burnt; the side which had been cut was not burnt so much—there was an engine there, but a large quantity of hay was destroyed—when I gave the prisoner into custody the policeman searched
him in my presence, and found some Lucifer matches, some gunpowder, percussion caps, and a small cord with a slip noose—he asked him where the pistol was; he said he had none—about two or three hours afterwards a pistol was shown me at my house by William Honor.
JOSEPH VEAL . I am a draper's assistant I was on a visit close by Mr. Metcalfs—on 5th May I was out about six o'clock in the morning, and saw Mr. Metcalfs brother standing on a stile; he said he thought there was a fire—I was going in the opposite direction, but I said I might as well walk one way as another, and I went towards the fire; he stopped behind—I went along the towing path and met the prisoner about twenty yards beyond the stack, going towards Ponders-end—he was walking—he returned and faced me, and then came towards the lock, which is near the stack—I said, "Halloo, here is a stack on fire;" he said, "Yes"—I said, "It is a bad job;" he said, "Yes, it was not done without hands"—he walked with me a few yards in the direction towards Enfield Lock—I returned to tell the prosecutor about his stack being on fire—there was no one there then but the prisoner and myself—as we returned we met Mr. Metcalf, who spoke to the prisoner and took him into custody.
Prisoner. I was a quarter of a mile from the stack when he first saw me. Witness. He was not above twenty yards from it.
JURY. Q. Was much of the stack burning when you first saw it? A. Not much; but being loose it soon flared, it had not been burning long when I first saw it.
BENJAMIN HALES . I am servant to Mr. Joseph Metcalf. About 5 o'clock in the morning, I went to the field in which the stack was, to fetch the cow—the stack was not on fire then—I drove the cow home to be milked—as I was going I met the prisoner on the towing path, about half a mile from the stack, going towards Ponder's-end; that would be towards London—I am sure the prisoner is the man I met—I afterwards saw the stack on fire, and saw the prisoner with my master, who had him till the policeman came.
WILLIAM HONNOR . I am a gunmaker at the Royal manufactory, Enfield. I went to see the stack on fire, about 20 minutes past 7 o'clock—I took my little boy with me, thirteen years of age—I saw him pick up a pistol in the field; at least I did not see him actually pick it up, but I saw him rise from the ground with it in his hand, and I took it from him—he is not here—he took it from the grass, about eight or ten yards from the stack—this produced is it—I took it to Mr. Gunner, the superintendent of the manufactory, who was in the field with two or three others, and showed it to them; there was a cap on it—I unscrewed the barrel, and as soon as I began to do so a portion of powder fell out—I then put a piece of stick in the barrel, and finding it was loaded, I put it in my pocket, and retained it till the police came—I then unloaded it in their presence; it contained two bullets, one of them fitted the barrel and one did not, and a piece of paper had been wrapped round it to make it fit.
JAMES BRIDGER (policeman, N 372). I took the prisoner into custody in the field, about a quarter before 9 o'clock; he was standing with Mr. Metcalf, near the hay stack—I searched him there, and found on him some gunpowder, and a cord with a noose to it in his hat, a box of Lucifer matches, and some more loose in his pocket, and some percussion cape, which correspond with that upon the pistol—I have ascertained that they fit the pistol—I found no bullets—I found some wool in his pocket, and this ramrod—I afterwards saw the pistol unloaded, and have the bullets that were taken from it—I had never seen the prisoner before that day—there is no one
here who knows anything of him—I asked him where he lived—he said he had been living in Hills-place, Kingsland-road—I went there to make inquiry, but no one knew anything about him—he told me he had a son living in Cheapside, but would not tell me where—he said his wife had died about four years ago, that he had been in business and lost about 500l. which his master had left him, and that he had got six children—he seemed in a very queer odd way when I took him; he did not seem to know what he was speaking about, nor to take any notice of anybody; he seemed just the same till I took him to gaol, about 4 or 5 o'clock in the evening—he said he had been down to Hertford, and had just come back; that is twelve miles from London—I asked him if there was any one living down there that he knew, and he said no, he knew no one there.
(The prisoner said nothing in his defence.)
GUILTY. Aged 51.— Judgment respited.
MR. CLARKSON conducted the Prosecution.
THOMAS KINGDON KINGDON , Esq. I am a Barrister of the Inner Temple. I am in the habit of going to Westminster of a morning, during term—it has been my usual practice to change my coat before I put on my wig—on 21st Jan. I went down at the usual time, in a coat that had a breast pocket within; I had a porte monnaie in the pocket containing 2 5l.-notes, a check for 61l. odd, a check for 6l. odd, a sovereign, a half sovereign, and some silver—the checks were both crossed "& Co."—I went into Howard's robbing room, the prisoner waited upon me—he was about to take out my other coat, but I told him I would wear the same as I had on; I took it off for the convenience of tying on my cravat, and I believe I handed my coat to the prisoner, who put it on a chair—I was in conversation with some gentlemen, and afterwards found the prisoner holding up my coat with both hands for me to put on—I was hurried that morning as some one was waiting for me, and I went down stairs—I saw the person who was waiting for me in the lobby, and as I was going through the passage to the Court of Exchequer, I buttoned up my coat, and missed my Porte monnaie—it was then about 10 o'clock—I immediately went upstairs, made known my loss in the room, and addressed the prisoner as he had assisted me, and had to do with my coat, and no one else; I asked him if he had seen my purse, he said he knew nothing about it—I had always been in the habit of taking my purse out of my pocket and laying it on the table to place it in my other pocket, and the prisoner has often seen me do that; but on this occasion as I was going to wear the same coat, I left the purse in the pocket—I went upstairs again, about 12 o'clock, and saw the prisoner; I complained of my loss, and he asked me if the checks were crossed, I said, "Yes"—I received the Bank notes from Minson, a clerk of Messrs. Roberts, Curtis, and Co., they were part of a check for 20l. on the Exeter bank, of which they are the correspondents; I had received three 5/.-notes, and had given the preceding note to these to Mrs. Kingdon on the preceding night—there was no mark on them, they were new notes.
Cross-examined by MR. ROBINSON. Q. You have never heard any more about the checks? A. No; they have never been found.
check of the Exeter bank—the Nos. of the notes were 13286, Dec 12; 94746, Nov. 12; and 37970, Dec. 12—this note, No. 13236 (produced), is one of the notes I paid.
FRANK HOWARD . I am in partnership with Mr. Harries, as keepers of the robing rooms at Westminster Hall—the prisoner was in our employ; it was his duty to assist gentlemen in robing and unrobing—I heard of this robbery on 21st Jan., and on 26th Jan., five days afterwards, I saw the prisoner at the lower robing room of the Queen's Bench: I said the occurrence was very unpleasant (Mr. Kingdon having spoken to me), and as it had happened upstairs, I should expect him to assist me in clearing up the mystery—I asked him if he knew anything about it; he said, "No," and moved on one side—I left him to speak to my partner; I returned in about five minutes, and the prisoner was gone—he never came back—he had given me no notice of his intention to leave—I did not see him again till he was in custody—he was a weekly servant; he had 7s. a week—on 28th Jan. Mr. Harriss received a letter; this (produced) is it—I know the prisoner's writing, and I should say that it is not his—the "Ingdon" and "Turner" on this note is the prisoner's writing.
Cross-examined. Q. Mr. O'Brien first came and gave you information in April, did not he? A. He came to Mr. Harriss in April, and gave information about the lad—the lad came into our service at Michaelmas term, 1853—Mr. Harriss engaged him—I know that his father and sisters are highly respectable—it was in consequence of the information O'Brien gave me, combined with other information, that he was apprehended—this was not the charge he was apprehended upon—Mr. Huddleston had spoken about losing some money also, but there was no evidence of it.
EDWARD CRADDOCK . I am shopman to Edward Turner, a pawnbroker, if Crown-row, Walworth. On a Saturday night, as near as I can recollect, about three months ago; the 5l.-note produced was brought by a female who redeemed a ring for 5s.—I know it by the words, "Ingdon" and "Union" upon it—I do not know the woman; I thought at the time she was a young woman, but since that I understand she is an old one.
FRANCIS O'BRIEN . I live at No. 9, Pitt-street, St. George-Row. I formerly lived in Marshall-street—I am an accountant, and have been so eleven years—I have known the lad at the bar about five months; he came to lodge with me about the middle of Feb.—he left Mr. Howard's situation eight or nine days or a fortnight afterwards—on the day he left, 21st Jan., he came home earlier than usual, between 3 and 4 o'clock in the afternoon; I said, "Halloo, Robert! how is it you are home so early to-day?"—he said, "The Court is up, and I have got a holiday for a month"—his father lives in the New Kent-road—a night or two after this I was at his father's place; I saw Mr. Howard there, making inquiries—I afterwards said to the prisoner, "Mr. Howard is making inquiries after you and wants you to go back to your work; how is it you told me a lie?"—he said, "I shall not go back any more"—I wanted to know the reason, and he said he had too much bother, and too many masters—this letter, signed "Richardson," (produced) is one which he employed me to write to Messrs. Howard and Harries for him—the envelope is also my writing; I gave it to him to post—he remained with me two or three days afterwards—in consequence of seeing his married sister, Charlotte Coleman, I said to him, "I was speaking
to your sister, and she told me that Robert gave her a 5l. note to change; that she asked you where you got it, and you said that Mr. O'Brien gave it to you to take 1l. out of it, as you had not change"—I asked him why he said so, and he did not give me any answer—about three or four days after that I told him of a report about some money having been taken from the place where he was employed, and that, as he had left the place, there was a suspicion upon him—he gave me no answer to that—some time after he left, I heard a person say he threw the checks over Westminster bridge; I cannot say who the person was—on the Saturday after the prisoner left, I saw him in possession of a sovereign, a half sovereign, and some silver—I think it was on the Saturday night, and on that Saturday evening I think it was he brought home some new trowsers—I asked him who made them; he said his brother, and that he gave 18s. for them—he asked me to go with him to choose a pair of boots—I asked him where he got the money—he said his single sister gave him two sovereigns the night before—he bought a new hat that night, and a new jacket—I afterwards saw his single sister, and from what she told me I afterwards said to him, "I was speaking to your sister Charlotte, and she says she did not give you two sovereigns; she gave you a half sovereign"—he made no answer, but only turned on one side.
Cross-examined. Q. You found this lad out telling you a good many lies as early as the middle of Jan.? A. Yes; he lived with me eight or nine days, or a fortnight; he only lived with me at one place—I took the lodging at Marshall-street about a fortnight before he left his situation—I paid the rent to Mrs. Clark—I swear that.
Q. Do you mean to swear that the prisoner did not continually pay Mrs. Clark in your presence? A. He paid her continually for what eating and drinking he had, but I paid the lodging—I believe I had one breakfast in the house, which I paid for—I had one or two meals in the house, but I remained in the house after the prisoner left—I do not think I had more than one breakfast in the house during the prisoner's time—I can swear I did not regularly live there—I swear I have been in the house months without having a meal there, during the time the prisoner was there—I know that Mrs. Clark is here—I do not recollect having more than one meal there during the prisoner's time, but I might have two—I paid for what I had into Mrs. Clark's hands; she has come as a witness against me, and I am aware of it—my father is a veterinary surgeon, and carried on the iron trade and smith's farriering—he is an Irishman, and lives in Ireland; in Broadway, Wexford—I receive from him 45l. a year; it is optional with him, but he has allowed it to me for two years back—I received the last instalment about a month ago—he is also a farmer—I swear I have received 45l. from him during the last twelve months, and I have had money of my own—I never do anything in the gambling way, except that I have played a game at cards with a friend for a glass of beer—I have only taken the prisoner to a gambling house when he asked me to go and have a game; that did not happen to be on a Sunday night—I have never played with him on a Sunday night; it is an unusual thing; I have not done it in this country to my recollection; I mean to swear that—I never play at billiards—he has taken me into a public house to play at bagatelle; I cannot say how many times; we went voluntarily—he asked me to go to a billiard table, and I would not go, and objected to his going—I have played with him, and with others; not for money; but I have seen others bet with him, and have called him on one side and cautioned him—I have no
such friends—I did not introduce him to any bad houses, but he asked me once to go and have a woman with him—I introduced him to a house, near the Elephant and Castle, kept by a very respectable woman; but a woman who I had very frequently seen standing outside spoke to me, and he spoke to her; I told her he was a young man stopping with me—I have often been to her house, and spoken to her, but I will swear that I never knew her more than by speaking to her—I never had anything improper to do with her—I knew perfectly well that she was a woman of the town; and when I met her I mentioned this young man to her; that is introducing him—I understand she is called Irish Kate—I have said, more than once, that I introduced him to the woman; but I told him not to go with her—I have frequently been with him to her house, after he went to stop there—it was not to see if he was getting into mischief, for I think the woman was very kind to him; but I was in communication with his friends—I have never played at cards at Irish Kate's, or at anything; that I swear—I have never been married—the prisoner told me that his sister had 2,000l.—I saw her one day when I was with him; she called him to her and talked to him, in my presence, but I walked away—I heard him say he would come home to his family—I did not notice that she seemed a great deal distressed.
Q. Did the lad come back, and did you advise him not to go home? A. On my oath, I advised him to go home; he went with me—while he slept at home, he slept with me; I never slept with him at any other place but once, when we were late, and went to a coffee shop and paid 1s. 6d. for a bed—we had been at the Globe coffee shop, eating, drinking, and reading—he read very little.
Q. Did you ever pay any addressee to the prisoner's sister? A. I frequently wondered at her coming up to the place I used; I have received letters from her—she did not come to me to beg me to send home her brother to his family—her father has told me he never would allow me inside his door—he did not at that time tell me that I had destroyed his son—I was sitting at the table with his daughter when he came in, and Miss Richardson introduced me to him—we had some tea, and, after a little time, Miss Richardson adjourned, and we had some conversation about the son—I told him what I had heard, and what I had advised him to do; if the money had been taken, to go to his father, and probably they might be able to make amends to Mr. Kingdon, and probably the matter might be hushed up—the father told me he should never come in at his door while he was alive, and that he would go to the gaol to see him hanged, with a white feather in his hat.
The prisoner, under the advice of Mr. Robinson, stated that he wished to plead Guilty; upon which admission, the COURT directed the Jury to find a verdict of
GUILTY . Aged 17.— Confined Nine Months.
MESSRS. RYLAND and LOCK conducted the Prosecution.
JOHN HONEYSETT . I am a coal dealer, in partnership with Thomas Clark, at Fetter-lane. The prisoner was our carman—we dealt with Messrs. Neal and Co., of Upper Ground-street, Blackfriars—on 16th Jan. I directed the prisoner to go to Messrs. Neal, and get a ton of the beet coals—I gave him 2l., and he brought me back this bill (produced) on the same day—I sent him again for two tons, and gave him 4l.—he brought me back this, bill
(produced), and said that the coal merchants had no best coals, and he had brought seconds, and that was the price of them—they are charged 4l. in the bill—on 17th Jan. I gave him an order to get one ton of coals, and gave him 2l. 4s.—he brought me seconds, and said that 2l. 4s. was the price of them—on the same day I gave him an order to go and get two tons of the best coals at the same place—he brought me back seconds, and this receipt for 4l., and said that they had no other coals.
COURT. Q. How did you expect to get best coals when you had been informed on the same day that you could not? A. I do not know whether he brought the two tons first, or the one ton, but each bill was for the same amount as I gave him—I did not name the coal—I gave him the money on each occasion the same as the bills, and I do not remember his ever bringing any back.
Cross-examined by MR. METCALFE. Q. Did he bring you any change back? A. He may have, if I gave him a 5l. note, which I did once, but he always kept the same amount as was on the bill—I cannot say whether I gave him sovereigns or silver on these three occasions, but on the 16th I gave him 4l.—I recollect the sum I gave him on each occasion.
MR. RYLAND. Q. The second time you sent him on the 16th, did you send him for two tons of the best coals? A. Yes, and they were 2l. per ton; I gave him 4l., and he brought me back this receipt with them, and nothing else—I did not know what coals they had got—if I know they have got Hettons I send for them—he was to pay 2l. 4s. per ton the first time on the 17th; he brought me back nothing with them but the receipt—the second time I gave him 4l. for two tons of seconds; that was because he told me they had got no best coal—he brought me back nothing but the receipt for 4l.
MR. METCALFE. Q. Can you tell at all, without looking at those papers, what you did give him on any occasion? A. No; it is impossible for me to recollect so long ago—we keep books—I do not know that we make entries of the sums paid for coals—I gave him 2l. when he started from home on the 16th—I swear it was not a 5l. note—I cannot tell whether I did the second time—I have no entry as to the change he brought me back; I cannot recollect his bringing me back any change—it was not on this occasion that I gave him a 5l. note—I suppose he has been in our service two or three months—my partner never gives orders; he finds the money to carry on the business, and I carry it on—it is his shop, and his stock—he is a sleeping partner—he does not receive money—we do not keep a foreman.
JAMES JORDAN . I am wharf clerk to Neal and Co., coal merchants, of Upper Ground-street. Messrs. Honeysett and Clark are customers of theirs—I have seen the prisoner at the wharf—he came twice on 16th Jan.—this (produced) is the cashbook; I keep it myself—I made these entries—the prisoner paid 1l. 18s. for one ton on 16th Jan.—he came again that day, and had two tons, for which he paid 3l. 16s.—I give him a receipt for 4l., and 4s. change—he represented that his master was paid a very bad price for drawing the coals, and said he must have a shilling or two more profit put on the bill to pay him—I said, "If that is the case, I must have 1d. from you to pay for the receipt stamp"—(that was for the one ton in the morning)—and it was on that representation that I gave him the receipt for 4l.—on the 17th he came for two tons, I believe, for which I did not take the money; Mr. James Neal made the bill out—the prisoner came a second time that day, and had one ton of seconds, for which he paid 2l. 1s.—I gave him a receipt for 2l. 4s., on the same representation as the day before.
Cross-examined. Q. He said he must get more profit, because his master did not get enough? A. Yes, but I understood that Mr. Clark and Mr. Honeysett would reap the profit—I do not recollect whether I gave the prisoner the change, or whether he gave me the right amount.
COURT. Q. What coal did he ask for? A. The commonest coal; he generally bought Northumberlands, or whatever coals we had—we generally have a list—I told him the different names, and he said, "I will have Northumberlands"—that was the price of Northumberlands at that time—we buy from the ships, but there is 2s. a ton added to that for the merchants' profit—I represent 2l. 1s. as the proper price—at the prisoner's request, I put a sum on the receipt representing that he had paid 2l. 4s.
JAMES NEAL . I am a coal merchant, of Upper Ground-street, Black-friars. On 17th Jan., the prisoner came to my wharf, with a van for some coals—my man had gone to dinner—I cannot Bay what coal he asked for—we have a list of prices of coals in the counting house; he usually selected the commonest coals—I wished him to have some vendor's tickets for his employer to fill up—the prisoner represented that his employer was badly paid, and that he wanted the coals for another party—he mentioned no names, and I did not know who he was drawing the coals for, but he wanted 4l. put on the bill to enable his master to get a profit—I charged him the price which was on our list; I cannot say what price that was, unless I had the books; this is copied from the counterpart, and I have a little cash book as well in which he enters it, and gives me a sample for what he receives of me—the cash book is not here, but this book contains the whole of it—I make an entry in the counterpart of the book from which this receipt is taken—the sum entered on the counterpart may not correspond with the sum entered upon the receipt—I pay over to Jordan the money I receive over the counter—I cannot recollect how much I paid over to him—I gave this receipt for 4l.; it is in my writing—I had not received 4l., but less—I do not think that there is any case in which he has paid the money that he has had the bill made out for, but having once assigned the reason, it was allowed to go on, believing that it was his master's order—if he had asked to have 3d. put in the bill for himself, I would not have done it—he took the two tons of coals; he bought them in Mr. Clark's name, who left us shortly afterwards in consequence of our selling bad coals—I handed over all the money to Jordan that I received from the prisoner.
Cross-examined. Q. You cannot say what money there was? A. No; this is not a common practice of ours—I have known a case of 1s. being added to a bill before—you may call it a fraud—I have done so to the extent of 1s. perhaps in one ton in 5,000; I think I can swear to that—I remember two customers to whom I have given such receipts; I mean to the Carmen; they are master carmen—there are a great many men who keep a horse and van, who do not come down to the wharf but they cart coals for less than the coal merchants can, and they come down and say, "I have got to give this man credit, you put me 1s. on;" but we never allow any servant to get 2d. a ton on coals, and we never put any amount on the bill but what they pay, but in this case I believed that it was his master's orders—it is not, besides that, my custom to give the Carmen a couple of shillings when they bring orders; we cannot afford to do it; nor 2d., nor 1d.—we only get 2s. a ton—we have perhaps given a man a pint of beer, but not' for bringing an order—if the coals are getting small, we perhaps ask a man to take a sieve and assist, and give
him a drop of beer—I mean to say I have never given Carmen money to induce them to bring orders for coals; I have to agents, who sell coal for us; we provide them with printed orders and envelopes, and allow them 1s. a ton for their trouble in writing to us; and if our carmen get an order, when they are shooting coals we give them 6d., but we never allow anything for bringing such an order as this—we do not get 3d. per ton out of the transaction, or not more—our books will prove it—the more business we do, the cheaper we can do it—I never saw Clark—I supposed I was selling to some retailer, and that Clark was the Carman—Clark's customer was the person who was to be done.
MR. LOCK. Q. Do I understand that the prisoner gave you to understand that he was employed by a carman? A. By Mr. Clark, who was carting the coals, but I found out afterwards that he was not—the money was for Mr. Clark's benefit, by the representation of his man—I knew a man who had been carting coals for a retailer at 18d. per ton; the retailer got in his debt 10l., and the man never had 1d. put on the bill—I thought Mr. Clark's was such another case, but it was not—that is the truth, and I can bring the man forward.
Cross-examined. Q. Do you remember whether there were three sovereigns and 16s., or three and a half sovereigns and 6s.? A. Mr. Neal might have taken 20l. that day for what I know—he hands over to me in a lump at night any sums which he has taken, and I keep the book from the counterparts of the receipts—I cannot say what particular sum I received for this transaction, only by the counterparts.
NOT GUILTY .—(Seepage 745.)
NEW COURT.—Tuesday, May 9th, 1854.
PRESENT—Mr. Ald. HUNTER; Mr. Ald. CUBITT; Mr. Ald. ROSE; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Sixth Jury.
PLEADED GUILTY . Aged 23.— Confined Nine Months.
PLEADED GUILTY . Aged 19.— Confined Fifteen Months.
PLEADED GUILTY.**— Confined Eighteen Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
ELIZABETH BIRCH . I am shopwoman to Mrs. Hamilton, who keeps a tobacconist's shop in Holborn. On Wednesday, 19th April, I was in the shop—the prisoner came in at near 1 o'clock, I served him with 1d. worth of tobacco—he gave me a sixpence, I gave him 5d. change—I put the six-pence in a cigar box, by itself—the sixpence looked a very old one—I thought it was good, but I put it alone—the prisoner left, and in about ten minutes he came again for another 1d. worth of tobacco—I served him and he gave me a sixpenny piece, I gave him 5d. change—a man was coming in at the time, and in the hurry I put the sixpence in the till—there was very little other money there—but that sixpence that J put in the till was never found—the prisoner left—he came again the next day and had another 1d. worth of tobacco, and he changed another sixpence, I gave him 5d. change—and knowing him I looked in the box, and found the other sixpence had not been taken out, and I put this one with it—before I put it in I tried it—the prisoner went out of the shop, I bent it and put it in—I gave those two sixpences to Mrs. Hamilton on Thursday evening, the 20th—no one serves in the shop, but Mrs. Hamilton and I—I am quite sure the prisoner is the man.
Prisoner. I was never in her house but once, and I was taken the same evening. Witness. He brought another counterfeit sixpence on the Friday—my mistress was there and took it.
MARY ANN HAMILTON . I keep the shop in Holborn. On Thursday evening, 20th April, the last witness gave me the box with two sixpences in it, which I gave to the officer—on Friday 21st, the prisoner came to the shop, I was in the way—he asked for a 1d. worth of tobacco, he gave me a sixpence—I saw directly it was bad before I gave him the tobacco, I told him he had given me a bad sixpence—he said a gentleman gave it him, for minding a horse—I told him that was what he told me three weeks before, when he brought a bad sixpence, and I cut it and gave it him back again—he said he had never been in the shop before—just at that moment Birch Came in the shop and said, "That is the man that gave me all the other six-pences"—he said he had never been in the shop before—I sent for a constable, and gave him in charge—I gave the constable the sixpences.
Prisoner's Defence. I never was in the house, but once before.
GUILTY . Aged 20.— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
ELLEN SCANNELL . I wait at Mrs. Wardle's eating house, in Drury-lane. The prisoner came there on 4th April, for a 1d. worth of pudding—she gave me a sixpence—I gave her a 4d.-piece, and a penny—I tried the six-pence, and I said to her, "It is a bad one"—she did not answer—I said again as she was going out, "It is bad"—she did not answer—I followed her out, and when she got to the corner she ran—I ran and called, "stop
thief!"—she was stopped, I went for an officer—I gave him the sixpence at the station.
WILLIAM STEVENS . I am waiter at the eating house. The last witness called my attention to the prisoner—I ran after her, and caught her at the bottom of Wild-street—she fell, and I took her—she said she was not the woman, she was running after her—I kept hold of her till I gave her to a constable.
RALPH CRESSWELL (policeman, F 115). I received the prisoner in charge for uttering a counterfeit sixpence—this is the sixpence—I took her before the Magistrate—she was remanded, and then discharged on the 14th—she gave the name of Eliza Millwood—she said she had no home.
MART ANN HAMILTON . I keep a tobacconist's shop in Holborn. On 21st April I was serving there, and the prisoner came between 3 and 4 o'clock—I served her 1d. worth of tobacco: she gave me a sixpence—I saw it was bad; I told her so—she said that a grocer gave it her in Holborn, and she did not know it was bad—I asked the name of the grocer, and she would not tell me—I sent for a constable, and gave him the prisoner and the sixpence.
Prisoner. She said at the court that she did not believe the sixpence that was produced was the one; the sixpence I gave her was a new one, and the one the constable produced was an, old one. Witness. No; the one she offered me was an old one—I had not marked it, but the policeman had; and when I saw it with his mark on it I did not know that it was the same, but I had seen it was a bad one—I had tried it, and it was quite bent.
Prisoner's Defence. The last sixpence I received at a grocer's shop, in change for a shilling; the first sixpence I know nothing at all about, because I was in liquor; I can say nothing about it; the other sixpence I received that morning; I was not aware it was bad.
GUILTY . Aged 20.— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
JOSHUA SPRAGUE . I am assistant to Mr. Dare, a hosier in Piccadilly. On 23rd March the prisoner came and purchased a pair of socks for a shilling—he paid me a half-crown; I found it was bad—I told him so—he said he was not aware it was bad—he said he received it at a public-house in Regent-street, but he did not know the name of the house nor the publican—I said I could not give him the half-crown back—he said if I would give it him he would go and get it changed—I said a person should go with him—he objected to that, and I sent for an officer.
JOHN LATTER (policeman, G 202). I was sent for, and took the prisoner—Mr. Sprague gave me this half-crown—the prisoner said he had got no more money, except one penny—I searched him, and found a good half-crown and a penny—he gave the name of John Hudson, No. 16, Martin-street, Gray's Inn Lane—I inquired, and he was not known there—he said he was a gentleman's servant out of place—he was remanded by the Magistrate till the 31st, and then discharged—this is the half-crown.
Soho. On Wednesday, 5th April, the prisoner came to redeem a waistcoat, which was in pawn for a shilling—he gave me a bad shilling—I saw it was bad, and I asked him whether he knew it—he said he did not, and he would take it to where he took it—he said he had received seven shillings from a sister of his, who was a laundress, and that was one of the shillings—he asked me again for it—I refused to give it him, and I cut it in two—there were two young men in the shop, who told me in his hearing that they had seen him at Marlborough-street on a previous charge of uttering a bad half-crown—the prisoner said it was not him—I sent for a constable and gave him in charge—before the constable came he attempted to go away, but I detained him.
Prisoner. I was not going away, but one of the men behind the counter said, "You had better go and fetch your sister." Witness. No one said that at all—I only walked from the counter to the box, which the prisoner was in to detain him—if that had been said I must have heard it.
THOMAS LAWS (policeman, A 290). The prisoner was given into my custody at the last witness, shop on 5th April, and these two parts of a shilling—I asked the prisoner where he lived, he said at No. 34, Rose-street, Long-acre—he gave the name of Robert Newton, said he was a smith by trade, and the last work he did was for Mr. Edwards, in Long-lane, Smith-field—he said he had received seven shillings that morning from his aunt, Mrs. Hennessy, of No. 13, Vere-street, Clare-market—I searched him, and found on him a 4d.-piece and 1d.—I went to No 13, Vere-street, but found no such person as Mrs. Hennessy—it is a most respectable public house, and there are no lodgers in it.
GUILTY . Aged 20.— Confined Twelve Months.
MESSRS. BIDKIN and POLAND conducted the Prosecution.
JAMES CLIFT . I am a greengrocer, and live in Brick-lane, Spitalfields. On 30th March, the prisoner came for a pound and a half of potatoes, at three pounds for 2 1/2 d.—I served her—they came to 1 1/4 d., she gave me a shilling and I gave her 10 3/4 d. change—after she had left, I looked at the shilling—I found it was bad, I put a mark on it, and laid it on one side—on 12th April, the prisoner came again for a pound and a half of potatoes, the same as before—she then gave me a shilling—I took it in the room, and found it was bad—I recognised her as the party who had passed the previous one—when I found the second shilling was bad, I went in the shop and asked the prisoner where she lived—she said, "I live a long way from here; if it is a bad shilling I have a good one; what can you want more than to have back your money? I just changed a half crown—I asked her where she got it—she said she was an unfortunate girl, and did not know where she took her money—I said it was the second time—I sent for an officer, and gave her into custody.
WILLIAM JONES (policeman, H 214). The prisoner was given into my custody—I received these two shillings from the last witness—I asked the prisoner where she lived, she said, "A long way from here"—I said, "What brings you over here to buy potatoes?"—she said she was going to put them in Richards, coffee shop, near the church—when she was at the station I asked her where she lived, and she said over the water.
GUILTY . Aged 22.— Confined Nine Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
MARIA ELIZABETH KAIN . I reside in Kingsland-road; I keep a haber-dasher's shop. On 11th April the prisoner came for two skeins of Berlin wool; they came to 1d.—she gave me a sixpence—I gave her a 4d. piece and a penny—before she left the shop, Mr. Robins, a neighbour, came in and asked me to look at the money—she was then gone—I handed the sixpence to Mr. Robins, and it was bad.
GEORGE ROBINS . I live next door to the last witness. I had had some communication with the police sergeant, and in consequence of that I went to her shop, and saw the prisoner there—she then left, and the last witness gave me a sixpence—I examined it, and it was bad—I marked it, and gave it to the police sergeant.
GEORGE LANGDON (police sergeant, N 27). I was on duty in the neighbourhood of Kingsland-road on the day this happened—I saw the prisoner in company with a man—I saw the prisoner go to Mrs. Kain's shop—I desired the last witness to go in—he gave me a sixpence—I saw the prisoner when she came out of the shop, go to the man she had been with, and give him something which she brought out in her hand—they walked together some little distance, and the prisoner went into a stationer's shop, leaving the man outside—she came out, and went to Ball's-pond-road—she there went into a doctor's shop, leaving the man outside, a little distance from the shop—I took the man, and found on him this parcel of wool, which the prisoner had bought at the first witness's shop—the prisoner was taken by another officer—she gave her address, at No. 66, John-street, Tottenham-court-road—I went there, but could not find such a person—the man was taken before the magistrate, but was discharged.
BENJAMIN WILLIAM SMITH . I keep a doctor's shop, in Ball's-pond-road. On 11th April the prisoner came, and I served her with 1d. worth of plaister—she paid me with a spurious sixpence—I bent it double, and returned it to her—she said she knew where she had taken it, and she would take it back and get it changed—she then left.
WILLIAM PARRY (policeman, N 479). On 11th April I took the prisoner into custody for passing bad money—I found on her one good sixpence, and one bad one—I asked her what she had in her hand—she said, "Nothing"—I opened her hand, and found one sixpence between her two forefingers, and one in her hand.
Prisoner's Defence. I was not aware that it was bad.
GUILTY . Aged 33.— Confined twelve Months.
PLEADED GUILTY . Aged 22.— Confined Fifteen Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
JOHN INGRAM . I am barman to Mr. Clark, at the Red Lion, in Drury-lane. I know the two prisoners—on 3rd May they came to our house—Gardener called for half a quartern of rum—I served her—she and the other prisoner partook of it there—Gardener paid me a sixpence—I gave her change, and laid the 'sixpence on a recess before me—there was no other
money there—the prisoners went away, and directly they left I looked at the sixpence, and found it was bad—I marked it, and laid it on one side—in about half an hour afterwards the prisoners came again—Holmes then called for a quartern of rum—I served them, and Holmes paid me with a good shilling—she afterwards called for a pot of beer, and paid me a bad sixpence—I bent it, and told her it was bad—she said the other woman had paid it her, for some money she owed her, and she did not know it was bad—I sent for a constable, and gave the prisoners into custody—I gave the two six-pences to the officer, at the station.
COURT. Q. What did Gardener say when Holmes said that? A. She did not say anything then, but at the station she said that she paid Holmes that money.
Gardener. I had a half crown; I received the sixpence in change for it; I gave the sixpence to Holmes.
GARDENER— GUILTY. Aged 22.—Recommended to mercy by the Jury — Confined Three Months.
HOLMES— NOT GUILTY .
MESSRS. BODKIN and POLAND conducted the Prosecution.
ELIZABETH MESSENGER . I live in Carnaby-street; my husbands a dairyman. On 22nd April the prisoner came for 6d. worth of eggs—I served her—she gave me a half crown—I gave her two shillings in change—she went away—in a minute after my daughter looked at the half crown, and it turned out to be bad—we both went out, but could not find the prisoner—on 2nd May the prisoner came again, about 2 o'clock in the afternoon, for two three-farthing eggs—I had had some conversation with her on the first occasion of her coming—it rained very fast, and she had an infant in her arms; I remarked how wet it was—he said she had been to Hammersmith on business—she was in the shop about five minutes—on 2nd May, when she came, I served her, and she gave me a shilling—I remembered her as being the same person who had come before, and I induced her to buy the eggs, by showing her the best eggs I had—she paid me with a shilling—I noticed that it was bad—I bit it at the edge, and said to her, "You are the woman that gave me a bad half crown last Saturday week, in the evening"—she said, "I never was in your shop before"—the policeman was passing, and I called him in—when he came, the prisoner said she had not been in the shop—I said, "You were, and you told me you had been to Hammersmith"—she said, "Well, I did tell you I had been to Hammersmith, but other people may go to Hammersmith as well as me"—I gave the half crown and shilling to the policeman.
EDWARD DUTNEAL (policeman, C 99). I took the prisoner on 2nd May—Mrs. Messenger gave me this half crown and shilling—I told the prisoner she was charged with uttering a bad half-crown and a shilling—she said she had never been in Mrs. Messenger's shop before that day—when Mrs. Messenger told her that she said she had been to Hammersmith, she said,
"Well, I know I told you I had been to Hammersmith, but more people go to Hammersmith as well as me.
(The prisoner's statement before the Magistrate was here read: "I did not know the half crown was bad; it was given me by a gentleman.")
GUILTY . Aged 20.— Confined Nine Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
TRISTAM STANFIELD (City-policeman, 292). On Sunday morning, 23rd April, I was on duty in Farringdon-street, about 1 o'clock; I saw the prisoners in a pie shop—they came out, and I advised them to go away; Blessed said he would not go away, he would see me d—d first—I took hold of him by the handkerchief and coat collar—he called for a knife—I do not know who gave him a knife, but his handkerchief was cut and gone all in a moment—I had hold of his coat collar, and I stuck to him till another constable came—there were three more persons, and Osborne was trying to get Blessed away from me—Osborne was sober, but Blessed was not—when I got Blessed to the station, I found on him a half crown, and 8d. in coppers—while I was counting the coppers I heard something drop behind him—Gisbee was behind me, I said, "There is something dropped"—he looked, and said, "Here is a bad sixpence"—when I heard that drop, Blessed was on my right side and Osborne on my left—after the sixpence was picked up, just behind Blessed's feet were picked up two papers.
Cross-examined by MR. PAYNE. Q. Blessed was drunk? A. Yes; I was between the two prisoners.
Cross-examined by MR. SLEIGH. Q. There was a little row at the coffee shop? A. Yes; perhaps twenty or thirty persons squabbling and rioting.
THOMAS GEORGE GISBEE (City-policeman, 245). I was on duty in Farringdon-street—I found Blessed in Stanfield's custody—when I came up, Osborne put up his elbow and knocked me away—I came up again and he pushed me away, and ran away towards Stonecutter-street—I ran, caught him, and brought him to the station—he was taken on a charge of assault; when he was brought in Blessed was there—Stanfield was about to search Blessed, both the prisoners were in the dock—Stanfield was close against Blessed, and I placed Osborne close against Stanfield—I saw Stanfield search Blessed, and take some money from him—at the time that money was being counted, Blessed looked at Osborne, and he returned the look in I thought a curious way, and I heard something drop by Blessed; Osborne's hands were at that time down by his side—I looked towards the place where I heard it fall, and found a crooked sixpence just by Blessed's feet; I got a light, and found these two small parcels close by Blessed's feet—on the outside of his left foot which was the foot nearest to Stanfield—the wall was on Blessed's right hand—the papers contained ten counterfeit sixpences—I was searching Osborne at the time this took place—I found on him 1 1s. 8d., and a tobacco box—I am sure the counterfeit money could not have passed from Osborne—he could not have put his right hand round the back of Stanfield, without my seeing him—I also found in Osborn's left hand trousers' pocket a sixpence in a paper by itself—I think he was not in liquor.
Cross-examined by MR. PAYNE. Q. Have you said before that you were sure these could not have fallen from Osborne? A. No; there was Blessed,
then the other officer, then Osborne, and then myself—I was searching Osborne, and the other officer had searched Blessed.
Cross-examined by Mr. SLEIGH. Q. You would not like to say that Osborne was not a little the worse for liquor? A. He might have been drinking.
MR. PAYNE called
CHARLES KEEL . I am apprentice to Mr. Nevitt, a bookbinder, of Johnson's-court, Fleet-street Blessed is porter to him—I have known him about nine months—on the Saturday night before the prisoners were taken I went to the Hole in the Wall and found Bleesed there and his young woman, and Joseph Smith, who is apprentice to Mr. James, a bookbinder, and carries on business in the same place as Mr. Nevitt—there was a concert at the Hole in the Wall—I did not stop till it was quite over—Blessed went away to see his young woman home—he left behind him at the Hole in the Wall me and Joseph Smith—I saw Osborne just as Blessed and his young woman were going away—I did not see him come in; I saw him at the front of the bar—Osborne offered me a bad sixpence—he put it in my hand—he told me it was bad—he said it was a queer one—he asked me to put twopence to it and get half a pint of gin—I was to go to the Green Dragon and have it—I refused it, and he said, "I have more about me"—I thought he was joking—Blessed has had a very good character, and my master told me that he will take him back again—Blessed had no communication with Osborne before that time—I waited till Blessed came back, just before the clock had struck 12—he did not bring his young woman back—I and Joseph Smith bid him good night, and he came down to the end of the court and spoke to Osborne, and asked him how he was—we wished Osborne good night, and Joseph Smith and I came down Fleet-street, and Blessed and Osborne came after us—Osborne proposed haying a pie, and he brought me and Joseph Smith two 2d. pies and Blessed two 1d. ones—that was about a quarter before 1 o'clock—I was there when the policeman came.
Cross-examined by MR. CLERK. Q. How old are you? A. Seventeen—I have been apprentice to Mr. Nevitt three years last Friday—I have not been very often to the Hole in the Wall—a fellow apprentice took me there first, not Smith—I have no woman that I go to—I cannot say whether there are other apprentices who go there with their young women—I did not go with Blessed on that occasion; he was there when I went there—he spoke to Osborne at the bottom of the court in Fleet-street—that was before Osborne offered me the sixpence—Osborne offered me the sixpence at the bottom of the court—we had all left the Hole in the Wall—when the six-pence was offered me, Blessed was standing aside talking to some young man that he knew—Osborne put the sixpence in my hand, and I gave it him back—when we came down stairs, from the singing room, as we were coming away I saw Osborne at the bar—I had not seen him in the room up stairs at all—I saw the disturbance take place at the eel pie shop—Blessed made a disturbance, because they brought him two 1d. pies instead of a 2d. one—he picked one up and smacked it down again—I had seen Osborne before that day at my master's—his aunt works there, and he comes there—he has his meals there, and lives with his uncle, who is time keeper at the place—I have been out with Osborne—I have seen him at the Hole in the Wall when I have been with my fellow apprentices.
Cross-examined by MR. SLEIGH. Q. Were Osborne and Blessed in company before the time that Osborne offered you the sixpence? A. No; I did not see them in company together during the previous part of that evening—it was just before the clock struck 12, that Osborne showed me the sixpence—I suppose Osborne must have been at the Hole in the Wall before 12 o'clock that evening—I cannot say whether he was there at the time that Blessed and his young woman were there—no, I swear they were not there together—I was there all the time with Blessed, from 9 o'clock till 12—the concert ended before 12 o'clock.
Q. What did you mean by saying you left before the concert was over? A. I did not say that—I was there from 9 o'clock till 12—we came down just before 12 o'clock—I was not there the whole time; I was absent for not more than twice for a necessary purpose, for about five minutes at a time—I was not away to my knowledge for a quarter of an hour—I would not swear that.
Q. Then what do you mean by pledging your oath that Blessed and Osborne were not together when you were away for a quarter of an hour? A. I do not swear I was away a quarter of an hour—I will not swear I was not—I do not think I was away twice for a quarter of an hour—I do not think I was away five minutes each time—I cannot tell how many people were attending that concert—they were all sitting down—I was sitting still; I wag not smoking—I was sitting about one-third of the way from the door to the orchestra—when Osborne came to me and asked me about going for the gin, I was at the bottom of the court in Fleet-street—we had come down from the concert, Blessed and his young woman, and Smith and I—when Osborne handed me the sixpence, he did not say he would put 2d. to it for gin; he asked me to put 2d. to it for half a pint of gin; I did not comply, because he told me it was a queer one—he did not ask me to look and see if it was not a queer one—when he put it in my hand he told me it was bad; he said it was a queer one—ho did not make use of the word bad on any occasion; he made use of the word queer—he told me to go on, it would be all right—he said, "I have more of them in my pocket."
Q. Did not he say, "I don't know that this is not a queer one, but I have more money in my pocket?" A. He said, "I have more of them in my pocket"—I am not in the habit of going every night to this concert; not two or three times a week—I have not been very often there with Blessed—I first made a statement about Osborne and this sixpenny matter about ten minutes after these two men were taken into custody—I mentioned it the same night to Joseph Smith—I knew the two prisoners were at the station—I went to see Blessed—I went to the station the next day—I did not go before the Magistrate; they would not allow me to speak.
MR. PAYNE. Q. What was it you told Joseph Smith? A. I told him what Osborne had said to me about the sixpence; that was after they were in custody.
JOSEPH SMITH . I am apprentice to Mr. James, he works at Mr. Nevitt's—he has failed, and I work under him for Mr. Nevitt—I know Keel and Blessed; they work at the same house—I remember being at the Hole in she Wall that night, I went with Blessed and a young woman, between 8 and 9 o'clock as near as I can recollect—I remained there I think till 20 minutes to 12, or half past 11 o'clock—I and Blessed, and the young woman and Keel came down together—I and Keel stopped at the corner of
the court, and Blessed came back from seeing his young woman home—he was gone ten minutes or a quarter of an hour with the young woman, he was paying his addresses to—I first saw Osborne, when we came down from the Hole in the Wall—when we came down we stopped at the corner of the court, Blessed was then gone to see his young woman home—I was not absent at any time during the concert—Osborne was not there during the concert—I was not with Keel, when anything passed between him and Osborne—I went to the pie house—I remember the row at the pie house, and Blessed and Osborne being locked up—after that Keel told me what had passed between him and Osborne, about the sixpence—I have only known Blessed since I have been at Mr. Nevitt's—I had never seen Osborne before that Saturday night.
Cross-examined by MR. CLERK. Q. How old are you? A. Nineteen; at 20 minutes to 12 o'clock we left the Hole in the Wall, the row at the pie shop took place at a quarter before 1 o'clock—during that time we were walking down Fleet-street, and we went down some court, and had some gin in a public house after we left the Hole in the Wall—Blessed went for that gin—that was the only house we went in, before we went to the pie shop—from the time Blessed came back from taking his young woman home till we got to the pie shop we were altogether.
Cross-examined by MR. SLEIGH. Q. You were at the pie shop? A. Yes; Osborne bought some pies—I know how he paid for them; he gave a half crown—I don't know whether Osborne was in the habit of going to the Hole in the Wall—I never saw him till 12 o'clock that night—he might have been in the same room, my not knowing him.
BLESSED— NOT GUILTY .
OSBORNE— GUILTY . Aged 18— Confined Twelve Months.
(The Prisoners received good characters.)
MESSRS. ELLIS and POLAND conducted the Prosecution.
WILLIAM BROWN . I keep the Weavers' Arms, in Baker's-row, White-chapel. On Saturday, 8th April, about 2 o'clock in the afternoon, the prisoners came there together—Lyon asked for a quartern of gin—I served him, and he gave me a bad shilling—I tried it in the detector, bent it, and gave it him back again—he gave me a good sixpence, and I gave him change—they both drank the gin—there was a female with then—they did not leave—I afterwards saw my son serve the prisoner Abraham.
Cross-examined by MR. PAYNE. Q. You say there was a female with them? A. Yes; she was taken, but was discharged by the Magistrate—she was standing next to Lyon at the time he had the gin—there were two men who were customers in the place—I gave Lyon the shilling back—it was slightly bent; sufficient to know that it was bad.
Cross-examined by MR. PARRY. Q. Do you remember whether Mr. Abraham changed a half crown for a pot of half and half at your place? A. No, but I heard there was a half crown tendered—I did not see it tendered—a stranger said so who is not here—I don't remember serving a pot of half and half—I should think the prisoners remained in the place after the shilling was tendered a tall half hour—I should think there was wine drawn them, and gin served—I think they had a biscuit or two—I don't know who paid for that—I was busy—I think Abraham had been indulging a little—I can't say whether it, was port or sherry that they had—Lyon put
down the shilling, and I tendered it back to him—I thought he appeared so respectable—I don't produce that shilling here to day.
WILLIAM HENRY BROWN . I am the son of the last witness. I recollect seeing the prisoners at his house on 8th April; they were in company together—Abraham called for 6d. worth of gin—I served him, and he gave me in payment a shilling—I tried it in the detector, bent it, gave it him back, and told him it was bad—he said he knew it was not, but he gave me another—he threw it on the counter—I said, "This is a bad one too"—he wanted me to give it him back, and I declined—I went for a constable, and brought sergeant Williams, and when I came home there was another constable there—I gave the shilling to Williams—I had kept it in my hand till I gave it him—he gave it me back; it was out of my sight—he gave me one back—the two prisoners and the female drank the gin—I marked the shilling, and gave it back to sergeant Williams.
Cross-examined by MR. PARRY. Q. Was this on the same day your father has been speaking of? A. Yes, the same afternoon—the prisoners continued in the shop during that time—I marked the shilling at the station—Abraham held the shilling that I gave back in his hand, and looked at it, as though he were looking to see whether it was good or not—he said he was sure it was not bad, and afterwards he gave another shilling—I did not know Abraham as a customer.
FRANCIS WILLIAMS (police-sergeant, H 12). I took charge of the prisoners on 8th April—I received a shilling from the last witness—I kept it till I got to the station—I returned it to him, and he marked it, and gave it me back—this is it—I searched Lyons, and found a half sovereign, 18s. 6d. in silver, and 1s. 4d. or 1s. 8d. in coppers, all good.
Cross-examined by MR. PAYNE. Q. Was not Lyon the worse for liquor? A. He was—some time elapsed before the charge was booked; it might be a quarter of an hour or twenty minutes—the inspector was busy.
JOHN HAMPTON . I am a fishmonger, and live in Baker's-row. On 8th April, in the afternoon, I was at the Weavers' Arms, and I saw the prisoners there—I heard Mr. Brown say to Lyon, "I took you to be a respectable man, or I should not have given you the shilling back"—I saw several persons in the bar, and Lyon went and spoke to several persons—I saw him put down something behind the door—a boy said afterwards, "There is a shilling lies behind the door"—I looked behind the door, found a shilling, and gave it to Bendall.
WILLIAM GILLIES (policeman, A 52). I was called to the Weavers' Arms; I took the two prisoners and a female, who was in their company—I pushed them into the side room—when I went in Abraham had got a bad shilling between his fingers, and was leaning over the bar—I took the shilling from him afterwards—while we were in the room, Mr. Bendall gave me a bad shilling—I searched Abraham, and found a quantity of good money on him.
Cross-examined by MR. PARRY. Q. How long elapsed between your being sent for and your arrival? A. I went directly—Abraham had a shilling between his finger and thumb, looking at it; his head was leaning on the bar—I found on him a porte-monnaie, containing two sovereigns, a half sovereign, three half crowns, one shilling, and about 4 1/2 d. or 5d. in copper—it was more than 1 1/2 d. or 2d., to the best of my recollection—there
was a ticket of a gold watch for 5l.; I retained that for some time, and returned it to his solicitor—Abraham had not a chain on, but there was one in his porte-monnaie, and a ring also—I went to his lodging and made inquiry—I did not ascertain how long he had live there—he was the worse for liquor—he was looking at the shilling as a drunken man would at a post.
WILLIAM BENDALL . I came down about 1 o'clock, at the King's Head. The prisoners were there—I served Lyon with a bottle of soda water, and Abraham asked to go backwards—when he came back Lyon paid me for the soda water with a shilling; I gave him change, and put the shilling into the till—there were other shillings there—I afterwards examined the till, and there was one bad shilling in it, which I gave to the officer Williams—I served Abraham with a quartern of gin, and he gave me a shilling—I put that shilling in another till, where there were other shillings—I afterwards examined that till, and found in it one bad shilling, which I gave to Williams—I found one bad shilling in each till, about half an hour or three quarters of an hour after the prisoners had left—I had been in the bar in the mean time.
Cross-examined by MR. PARRY. Q. How many shillings were in the tills? A. About two or three others in one till, and about three or four in the other.
Cross-examined by MR. PAYNE. Q. Did you go to the residence of Lyon? A. Yes; he gave his right address—I went, and found an old lady who I believe was his mother; she was paralytic—there was a servant also.
WILLIAM WEBSTER . These two shillings, uttered by Lyon and Abraham, are counterfeit, and from one mould—this one found on the floor is from the same mould as the others—this one taken from Abraham is bad—these two found in Mr. Bendall's tills are counterfeit, and from the same mould as the one found behind the door—this other one produced by Mr. Brown is bad, and from the same mould as the one found behind the door, and as those taken from Mr. Bendall's tills.
Cross-examined by MR. PARRY. Q. I suppose they are made from the impression of a good shilling? A. Yes; they make a mould of plaster of Paris, and then they cast this metal in the mould, and make the shilling in that way, but there are some marks by which I know it is the same mould (pointing them out).
COURT. Q. Do you mean that though they may be from the same model, they would still have some difference in them? A. Yes; unless you could get a shilling just come from the Mint, then they might be nearly alike, but still I think there would be a slight difference, in consequence of some little marks or scratches on it, which would be communicated to the mould.
MR. PARRY. Q. Where is there any mark? A. On the left of the "O" there is a slight indentation, and another above the "O," and an indentation above the "E," that is an accident that happened to the pattern shilling before it was put in the mould, and if you compare the dates, you will see over them the place where the jet has been taken off by means of a file.
MR. POLAND. Q. How long have you been in the habit of examining
coins? A. For twenty years—I have examined them carefully before I saw them here.
(The prisoners received good characters.)
NOT GUILTY .
611. JOHN JOY , unlawfully obtaining 3l. 3s., the monies of Lady Charlotte Denison, by false pretences: also, 5l., from William James Thompson: also, 3l. from Charlotte, Dowager Countess of Ashburnham: and 3l. 3s., from Elizabeth Temple Bondom, by false pretences: to all of which he
PLEADED GUILTY . Aged 61.— Confined Twelve Months.
OLD COURT.—Wednesday, May 10th, 1854.
PRESENT—The LORD MAYOR; Mr. Justice CRESSWELL; Mr. Baron PLATT; Ald. CUBITT; and RUSSELL GURNEY, Esq.
Before Mr. Justice Cresswell, and the Third Jury.
PLEADED GUILTY . Aged 52.— Confined One Month, and Transported for Fifteen Years.
PLEADED GUILTY . Aged 25.— Confined Twelve Months.
Mr. Mullens (solicitor for the Prosecution) stated that his character had been good since his former conviction.
PLEADED GUILTY . Aged 20.— Transported for Fifteen Years.
MESSRS. CLARKSON and BAYLEY conducted the Prosecution.
FREDERICK ROUNDTREE . I keep the Salmon and Compasses, in Penton-street, Pentonville. On 17th April, between 10 and half-past 10 o'clock at night, the prisoner came there—she had a decanter with her—she said "I want a pint of the best brandy for Mr. Dixon, the brewer, and change for a 10l. note. Let it be the best brandy"—I know Mr. Dixon intimately, he lives directly opposite me—I said to her, "If you will wait five minutes, till I have served the waiters, I will attend to you"—she said she was in no hurry for a few minutes—I afterwards served her with the brandy, and she tendered a 10l. note—I put my name and Mr. Dixon's on the back of it, in her presence, on the counter—this is the note (produced)—I gave the prisoner nine sovereigns and 16s. change—she then left the house—I desired my potman to follow her, being rather suspicious—I paid the note into the Islington Bank next morning, and the cashier told me it was a bad one—I next saw the prisoner about a week afterwards, in the body of the police court, at Marylebone-street, on the day that a man named Fuchs was examined.
Cross-examined by MR. METCALFE. Q. You went to the police court to attend the investigation of a charge against a man named Fuchs? A. Yes, I did.
CHARLES DIXON . I am a brewer, in John-street, Pentonville, about 100 yards from the Salmon and Compasses. I know Mr. Roundtree quite well; I purchase goods at his house—I did not send the prisoner, on 17th April, for a pint of brandy and change for a 10l. note—she was never in my service—I do not know anything about her.
JOHN HAGGIHT . I am a working cutler, in Chapel-street, Pentonville. On Easter Monday, 17th April, I was potman to Mr. Roundtree. About ten minutes past 10 o'clock that night I was sent by my master to watch a woman—not being sufficiently close to her I cannot speak to the prisoner's features; it was a person about her size and stature—I followed her to Mr. Dixon's—she rang the bell there—upon that I returned to my master, and communicated what I had seen.
Cross-examined. Q. Did she go in? A. No, the door was opened; she stood there some few minutes, and then went away—I saw a person come to the door with a white cap on; I took it to be a woman, only seeing the head—I did not notice whether the woman I followed carried anything; I was behind her.
DANIEL HILL . I am night watchman, in the employment of Mr. Dixon, the brewer. On the evening of 17th April I heard a ring at the bell—I went to the door, and saw a female, but I cannot recognise her—the asked for Mr. Williamson—I told her there was no such name, the name was Dixon—she then went away.
CHARLES EAST . I am barman to. Mr. Wild, of the Island Queen, Hanover-street, Islington. I know the prisoner—I saw her at our house in the beginning of April, between 8 and 9 o'clock in the evening; I cannot fix the day, it was quite in the beginning of April—she came to the bar, and inquired the price of our wines, port and sherry—I told her 4s. per bottle—she said she would take a bottle of each—I served her, and she gave me what I supposed to be a 5l. note—I handed it in to Mr. Wild, in the bar parlour, for his approval—he said it was all right, and told me to give change—he gave the note to his niece, to write on it the name and address, which the prisoner gave—I asked the prisoner for her name and address—she gave the name of "Williamson, No. 14, Noel-street"—Mr. Wild's niece wrote that in my presence—this (produced) is the note—three or four days afterwards the prisoner came again, about 8 or 9 o'clock in the evening, and brought two decanters—she asked for a pint of brandy, and a pint of rum or gin, as well—I put it into her decanters—she gave me what I supposed to be a 5l. note—I gave it to Gregory, the potman—he took it to my master, and brought it back again, and told me to cash it, which I did—I placed it on a tray, at the back of the counter, with the rest of the cash that I take in the course of the day—I gave her the change—Mr. Wild took possession of the note, with the rest of the cash, between 12 and 1 o'clock that night—this (produced) is the note—I took particular notice of it when it was given to me, it was torn and patched up, as it is now—I did not see my master write the name and address on the note—it now bears a name and address—the note was returned to Mr. Wild as forged, two or three days afterwards—in consequence of information of a man being in custody for uttering forged notes, I went to the Marylebone police court to see if any of the party might be hanging about the court, and while sitting there I saw the prisoner and a foreigner walk into the
court together—she was taken into custody; the man left the court directly.
Cross-examined. Q. Did you know anything about that man? A. No; I do not know whether his name is Williamson—I had never seen him before.
GEORGE GREGORY . I am potman to Mr. Wild. In the beginning of April, East gave me a 5l. note to take to Mr. Wild—I do not recollect the date; it was in the evening—I gave it to Mr. Wild, received it back from him, and gave it back again to East.
HENRY WILILAM WILD . I keep the Island Queen public house. In the beginning of last month I received a 5l. note from one of my men—this is it—I gave my niece 5 sovereigns for it, to give change, and told her to endorse it, which she did—this is her handwriting upon it—the date is not endorsed upon it—I put it in my cash box—a few days afterwards Gregory, the potman, brought me another 5l. note—I afterwards went down stairs, took it from the sideboard, and put it in the cash box—I first wrote upon it the name of "Williamson, 14, Noel-street," and my own name "H. Wild."—this is the note.
Cross-examined. Q. You put no date to it? A. No—I paid away the notes, and they were returned—I cannot fix the date of this last transaction exactly; it was early in April, and two or three days after the first transaction.
ELIZABETH DAY . I live with my uncle, Mr. Wild I was at the bar when the note was given to East—I heard the woman give the name of Williamson—I wrote that upon the note—this is it—it was in the beginning of April, the first or second day in April, I do not recollect the day of the week.
GEORGE BOND (policeman, D 265). In consequence of information on 19th April, I went to No. 77, Castle-street, Leicester-square, to inquire after a man named Fuchs—I knocked at the door, and the prisoner opened it—it was a little tobacconist's shop—I asked her if Mr. Fuchs lived there; she said "Yes"—I asked her if he was at home; she said "No," and asked me what was the matter—I told her that he had been trying to utter a forged 10l. note; she said she knew nothing about it—she then asked me where he was; I told her that he was at the Portland-town police station—she asked if she could see him; I said she could if she would come to the police court the next day; she said she would come—I was at the police court next day—she came there—I saw her speak to Fuchs—I did not hear what she said—he was then in custody—he was remanded till the Monday after—the prisoner came again; she was then seen by the witness, Mr. Roundtree, who gave her into custody.
Cross-examined. Q. When you went to the house, and inquired for Fuchs, did you ask the prisoner if she was his wife? A. Yes, and she said she was—he was in custody at that time—he has since been committed, and is now here awaiting his trial—I am a witness against him—there is only one charge of forgery against him, that is on 19th April—he did not say that he had been going by the name of Williamson—I did not address the prisoner as Mrs. Williamson—I have not made any inquiry whether he has been going by that name—I do not know where the prisoner comes from; I have made no inquiries about her—I have not ascertained how long she
has been living in Castle-street—I do not know where her mother lives—I do not know that Fucks took her away from her home seven or eight weeks ago—he is a foreigner—he has a slight moustache.
MR. CLARKSON. Q. Was the name of Fuchs over the tobacconist's shop? A. Yes—I did not search the shop.
COURT. Q. About how far is it from Castle-street to Penton-street A. I should think a mile and a half.
WILLIAM WYBURD . I am an inspector of bank notes at the Bank of England. This 10l. note is a forgery—there is a date plate to it—I have no doubt the date has been let in by another process, not engraved on the original plate—it is not engraved on the plate in genuine notes—the signature of the supposed cashier is a forgery—the two 5l. notes are also forged—the dates of all the three notes are the same, and I have no doubt the same date plate has been used for all three—the name of the cashier appears to have been partly impressed, and filled up with ink—I have no doubt the signature to all the three notes has been effected by the same process.
Cross-examined. Q. Is it a tolerably good imitation? A. I think the engraving is a very fair specimen—the process of the manufacture differs from ours; the paper is very inferior to ours—the water mark is not stamped, but impressed—all three apparently come from the same plate.
COURT. Q. Is the value, "102." and "5l." engraved on the original plate, or put in by a different plate? A. I think it is engraved in the original plate.
COURT to CHARLES EAST. Q. Do you know how far it is from Castle-street, Leicester-square, to the Island Queen? A. I should think it is two miles and a half—I should think Mr. Roundtree's residence, in Penton-street, is two miles from Castle-street.
(The prisoner received a good character front witnesses in whose service she had lived.)
GUILTY. Aged 21.—Strongly recommended to mercy by the JURY.— Confined Twelve Months.
Before Mr. Justice Cresswell.
616. GEORGE HENRY MOORE , stealing, whilst employed in the Post-office, a certain post letter, containing 1 watch case, and other articles; the property of Her Majesty's Postmaster-General: to which he
PLEADED GUILTY . Aged 21.
Four Years Penal Servitude.
617. JAMES HAYWOOD , burglariously breaking and entering the dwelling house of Harriet Read, and stealing therein 1 comb, 4 pieces of copper coin, and 7s. 6 1/2 d. in money; the property of Henry Read, and 2 coats, 2 pairs of trowsers, 1 waistcoat, 1 handkerchief and 1 cigar case; the goods of William Read: to which he
PLEADED GUILTY . Aged 32.— Confined Fifteen Months.
MR. PAYNE conducted the Prosecution.
the prisoner came, and asked for a woman's out sized flannel vest, about 6s. 6d.—I told her the nearest I had was 7s. 6d., and turned round to get a parcel out; there was nobody else in the shop—I turned round again, and saw the prisoner take a parcel off the counter, and put it under her dress—I immediately jumped over the counter, and asked what she had got there—she said she was drunk, and gave me a violent push to get out of the shop—I caught hold of her; she struck at me several times—a crowd got round the door, and there being no one in the shop, I was obliged to let go of her to go and call the head assistant—the prisoner went down Foster-lane, which is about three yards from the door—I overtook her in Huggin-lane; when she saw me running, she ran, and was stopped; I gave her in charge—the parcel contained three table cloths and some napkins, and was worth 20s. or 25s.; they are Mr. Lobb's property—this is the parcel (produced).
Prisoner. I was very drunk, and do not remember being in the shop at all. Witness. She was not drunk at all.
SAMUEL EVANS (City policeman, 459). I was in Foster-lane, and saw the last witness and a crowd; I ran with them, and saw the prisoner running in Huggin-lane—I called, "Stop thief!" and she began to run faster—she was stopped, and given into my custody—she was not drunk; she ran very fast indeed—I went back with her to Mr. Lobb's, and then took her to Bow-lane station—she gave me 3 1/2 d. on the road, and when searched at the station she had only a pair of scissors on her.
(The prisoner was further charged with having been previously convicted.)
GUILTY. Aged 23.— Four Years Penal Servitude.
Before Mr. Baron Platt.
619. CORNELIUS HICKEY, HENRY HIBBERD , and JOSEPH WILLIAMS , burglariously breaking and entering the dwelling house of the Guardians of the Poor of the parish of St. Mary-le-bonne, and stealing therein 2 punches, 1 pocket book, 2 chairs, 4 quires of paper, and 1 brass match box, value 1l. 15s.; the property of the Overseers of the said parish.
MR. BALLANTINE conducted the Prosecution.
GEORGE FRANCIS WHEELER . I am the master of St. Mary-le-bonne Work-house. There is a room there called the Rota room—I know the prisoners very well; they have all been in and out of the house—Hickey was discharged on 27th March, at his own request; Hibberd in May, 1853, I have not seen him since; and Williams in Feb., 1854—there is a chest of ten drawers in the Rota room—it is not usual to put money in those drawers, but money has been put there when relief was administered, and the prisoners have partaken of that relief—it is given both in money and provisions—on the evening of 28th March, between 8 and 9 o'clock, I went round the premises, according to my custom, and saw that they were perfectly safe—the rota room, being part of my residence, is the last part I got to; I am bound to sit up till 12 o'clock, and if anybody had got in before then, I should certainly have heard them—from information I received on the following morning, I went to the rota room, and found one of the windows up, one shutter broken, and one panel completely off—the parties must have got on each other's backs, and got over the front wall—eight of the drawers which had locks on them had been broken open; the other two
had no locks—I afterwards saw these chain at the station, and recognised them.
JOHN WARD (policeman, A 857). On Tuesday morning, 28th March, about half past 5 o'clock, I was in Alsop-place, New-road, and saw the three prisoners coming in a direction from Regent's-park towards the New-road, about 100 yards from the workhouse—I followed them—Williams went down Northumberland-street, and the others down Nottingham-place; I stopped them in Paddington-street, and asked them where they had been to all night—they said they had been at Mary-le-bonne stone yard inquiring for work—I said, "I suspect you; give me the property you have got about you"—Hickey on that produced this pair of punches, and Hibberd this pocket book (produced)—I said, "I shall take you to the station house, for I expect you have perhaps both committed some burglary"—I asked where they got these things—they said they found them in the road—I gave them in charge of another constable, and went after Williams; I found him at the corner of Nottingham-street and Paddington-street—I asked him where he had been all night; he said, "Me and the other two have been at a coffee shop all night—they were all three taken to the station, and I found on Hibberd this brass ornament, with matches in it—I found a knife on Hickey; I have not got it here, because he was discharged by the inspector, and the knife and ornament were given up, but the pocket book we kept—the point of the knife was a little bent; it had been sharpened, and would do for a jemmy on a small scale—it has a pen blade.
HILL BECK (policeman, D 290). On 28th March I heard of this robbery, after the prisoners had been discharged—I took Hickey at the top of Northumberland-street, New-road, took him to the workhouse, and told him it was for burglariously breaking in there—he said, "You cannot prove it against me"—I took him to the station, and found this knife (produced) on him—it has a pen blade—the large blade was bent.
JOHN FRANCIS (policeman, D 72). About half past 6 o'clock on this morning I went to the workhouse and found a poker on the window sill, and two chains on the roof of a shed adjoining the outer wall—from that point a person could get into the rota room—I found the room in great disorder, the shutters broken off, and eighteen drawers broken open—this knife (produced), which I found on the table would do it—the other knife found would also be sufficiently large to do it—I did not compare it with this, as I had not got it then—the prisoners had been discharged, and were not taken into custody until afterwards—about half past two o'clock I took Williams—he said he had been taken before, and he had nothing to do with it.
ROBERT ATKINSON KIRBY . I am assistant, in the Overseer's office of St. Mary-le-bonne. On 27th March I saw these punches safe in one of the drawers of the rota room, which was broken open, I should think, about 5 o'clock—I know them both—this one I gave to an assistant of mine—I know Hickey; he was discharged from the workhouse on the 27th, the day before—some ruled foolscap paper and other things are still miming—there was no money there; we pay the poor on Monday, and there is sometimes cash left for the inspector to take to persons who are not able to come for it—the punches belong to the Board, and were bought by them for their use.
DAVID COOPER . I am inspector at the workhouse. This (produced) is the outside of my pocket book—it was complete on Tuesday afternoon, the 27th, at 5 o'clock, and in a drawer which I kept locked—I found the inside
of it in the drawer—there is no mark on the outside part—I missed a brass ornament which I kept wax tapers in, some foolscap paper, and a tin case fall of pens; this (produced) is the cover of it, which they did not take.
Hibberd's Defence. There were more about the place besides us; I did not break in there.
HIBBERD— GUILTY . Aged 32.
HICKEY— GUILTY . Aged 20. Confined Eighteen, Months.
WILLIAMS— NOT GUILTY .
Hibberd was further charged with having been previously convicted.
THOMAS CONVEY (policeman, S 368). I produce a certificate—(read: George Turner, Convicted at Westminster Sessions, Dec. 1853, on his own confession, of larceny.—Confined three months)—I was present; Hibberd is the person.
GUILTY.— Four Years Penal Servitude.
Before Mr. Justice Cresswell.
MR. BALLANTINE conducted the Prosecution.
JAMES RUBY . I am a hay dealer of West Drayton. The prisoner was my servant—on Thursday, 30th March, he had to deliver a load of hay to Richard Webb, at Chelsea, and to receive 3l.11s. for it—he ought to have returned that night; he did not do so—I next saw him at Arlington on the Saturday, and said, "Where have you been to?"—he said, "I do not know hardly where I have been"—I said, "Where is the money, then?"—he said, "Here it is, what I have got," and gave me 3l. 11s.—he told me he had also received 2l. of Mr. Tilbury for hay—I asked him what had become of it, and he said it was there, that it made up the 3l. 11s.—he said he had received 1l. 14s. from Webb for half a load of meadow hay, as Webb only had half a load instead of a load—I asked him what he had done with the rest of the money, and he said he had spent it—he was 1l. 17s. deficient, because there was two loads of dung to be taken out of it.
Prisoner. I told you what I had made of the other half load of hay.
Witness. You would not tell me; you did not say you had picked Mr. Webb out half a load, and had sold fourteen trusses of the other.
RICHARD WEBB . I live at No. 12, Marlborough-row, Chelsea. On Thursday, 30th March, the prisoner came with a load of hay from Mr. Ruby's—I picked out half a load of the best trusses, and paid 1l. 14s. for them—what did not suit me I did not have, and he took them away.
WILLIAM TILBURY . I am servant to James Ruby. On Friday morning, 31st March, I gave the prisoner 2l. for him to take home to my master—I had received it for a load of hay—I have never done that before.
Prisoner. I put four trusses of hay on your cart. Witness. I do not know what you put on my cart; 1 never saw them.
(The Court considered that the 2l. was not received by the prisoner in virtue of his employment.)
WILLIAM BEECHY (police-sergeant). I took the prisoner on 1st April, and told him it was for embezzling some money of his master—he said he gave him all the money he had made with the hay, but he afterwards said he had spent 1l.
Prisoner. I said I had paid my expenses for two days with 10s., and you put it down on paper. Witness. I put down 1l.
home; he had no right to sell it to anybody else, and he kept my hone out till Saturday—he ought to have six months, if it was only for that.
GUILTY on 2nd Count. Aged 25.— Confined Three Months.
Before Mr. Baron Platt.
MR. GIFFARD conducted the Prosecution.
THOMAS NAUNTON VERTUE . I lire at Amersham, near Lewisham, and have recently arrived in London from Australia, in the ship Joshua. The prisoner came home in the same vessel with me—my berth was immediately over his—I had been to the diggings at Ballarat, and got gold there—when I got on board, I put my gold into a cigar box, with a pound of tobacco on the top of it, put the lid on, and lashed it up with a bit of cord—the tobacco was in the box on the top of the gold, which was in a bag—I had sixty ounces of gold, or rather more; I think there was sixty-six or sixty-seven ounces, but I cannot swear to that—I saw it safe one afternoon, and missed it next morning; we had been then three or four days at sea—I went to the captain as soon as I missed it, and made a complaint—a search was made, but it was not found—shortly afterwards I went down, and saw the prisoner standing at the doorway of my berth (some berths had doors, and some had not; mine had only a space to get in; a doorway)—he asked me whether I thought Mrs. Levy would take care of his gold if he gave it to her; I said, "Yes, I have no doubt but she will"—he had a short belt in his hand, which was crammed full, but, I did not see the contents; he said it was gold—some short time after that, I lost a bottle of gin to the prisoner, which was in my berth—it was a bet—I suppose he drank it, for he was drunk about a quarter of an hour afterwards—I did not see him take it, but when I accused him of taking it he only laughed—while he was in that state he showed me and two or three others a nugget, which I think came from Ballarat by its appearance; I could swear that it came from that district; I know by the colour of it—I asked him where he got it, and he said he got it at Ballarat—afterwards, when he was sober, I asked him about Ballarat, he did not give me a willing description of it; he answered very reluctantly—I asked him what part of Ballarat he was working at; he said "Eureka"—I asked him what lead he was in; he said, "Canadian gully," and every-body who has been there knows that they are two separate leads—Canadian gully is two miles, or two miles and a half, from Eureka, not more, and the prisoner said it was five or six miles—I asked him where he was working on the Canadian gully; he said "Prince" something, but I forget the name he gave (he was perfectly sober then; this was not on the same occasion—I think it was next day)—I said, "I suppose you mean Prince Regent's gully?" he said, "Oh, yes; that is the name"—I asked him whether he was working at the top or the bottom of the lead; he said he worked about the middle of it—I asked him how far Jones's Circus was from it; he said it was about three quarters of a mile or a mile; but it is close to where he represented himself to have worked, within a quarter of a mile at any rate—I asked him how deep his hole was; he said fourteen, fifteen, or sixteen feet; and where he represented to have worked, the holes are generally eighty, ninety, and a hundred feet—I asked him whether they slanted; he said, "No"—there were some holes once on the top of the hill, but not where he represents—by the top I mean the upper part—he never mentioned
the name of the person with whom he had been working—I asked him so many questions that it is scarcely worth while entering into them—I asked him if he knew such and such persons, mentioning the names of the different storekeepers; he said he knew one, but he did not give a proper description—he gave the name of Tapley, and said he was a thin young man, whereas he is a stout old man; but I did not tell the prisoner so, because I wished to see what he did know—there is no young Tapley, that I know of—I mentioned that Tapley was a storekeeper close to where the prisoner represented that he worked, and asked him whether he remembered any meeting at the diggings concerning the licences; he said, Yes, he had heard about one meeting—I asked him whether he was present; he said, "No"—I think if he had been living at the diggings at the time he would have known something about it, especially living at Canadian gully—I asked him whether he knew any of the Committee; he said, "No"—I do not think that there is a digger, hardly, but what knows something about it; the meeting was held on the Flat—Henry Boswell, who was the carpenter of the ship, made a communication to me soon afterwards, in consequence of which I went to the prisoner—I talked to him a little time, and then asked him if he would show me his gold; he said, No, he would not; he had been put up to that—I had never accused him—I was not present when the captain spoke to him—the next morning, after the prisoner had refused to show me the gold, he was called up by the captain (I had asked him again in the morning, and he refused both times)—the captain ordered him to produce the gold; I saw it, and recognized one nugget—this is it (produced)—it is Ballarat gold, and there was other gold mixed with it—there were two or three ounces of Ballarat gold—this (produced) is the shot belt; it was given up to the captain—there is not the quantity of gold here which was delivered up to Mrs. Levy to take care of; it is the quantity given to the captain (The shot belt was then opened and the gold shaken out into a saucer) I recognize this nugget, and can undertake to say positively that it was among my gold; it is a different species of gold, it is surface gold—all my gold was of this colour—the small gold was very much burnt, and it looked rather browner than the nuggets; the nuggets are clearer—this is the nugget of which I had given a description to the captain—I had also described it to Mr. Brooks—when this nugget was turned out in the prisoner's presence, Mr. Brooks said, "That is it"—I had described it to two or three others besides—I should think the cigar box would hold 100 or 150 cigars.
Cross-examined by MR. BALLANTINE. Q. You had both embarked at Melbourne? A. We did not embark together; I was on board the ship, and he came on board after me—I do not know how far Ballarat is from Melbourne, it is about eighty miles from Geelong—people going to Ballarat would go to Melbourne first, and then to Geelong, and then from there to Ballarat—I had not shown the bulk of my gold to anybody, I had shown a sample—this is a Ballarat nugget; it is a piece of surface gold, and it has a piece of quartz through the centre of it—I had it in my pocket two or three months—there were not other nuggets produced like this at the police court, I never saw two alike in my life—this is not my belt; my gold was in a bag, placed in a cigar box—the gin was not taken the following day, it was several days afterwards—the interview with the captain when the gold was produced was about the 9th; it was a long time after this about the gin—the prisoner did not produce all his gold till a day or two afterwards—part of the gold was produced before the captain and examined; I did not notice whether Mrs. Levy brought it up or the prisoner—I know that it had been
in charge of Mrs. Levy—she is here, I believe—I did not charge a man named Thomas with stealing my gold—he was not charged; I had suspicion of two or three parties at first—there was not a man named Thomas, that I am aware of—I think there were eight people occupied the same cabin as me—two persons left at Plymouth—the captain is here.
MR. GIFFARD. Q. You say you had this nugget in your possession two months? A. Yes; on the diggings; I picked it up at the surface; I might have had it more—I am certain it is my nugget—the prisoner said it was his gold, and claimed it.
MR. BALLANTINE. Q. Referring to the gin drinking, did the prisoner show you a nugget then? A. Yes; it was not this nugget, it was a piece of Ballarat gold, a piece of deep sinking gold.
MR. GIFFARD. Q. The officer has that nugget here, has he not? A. Yes.
COURT. Q. You say that you described this nugget to Mr. Brooks; just let us hear how you described it? A. I told him that it was a piece of surface gold, and that it had a piece of quartz right through it, and that it was very peculiar on one side, and looked like a shell scalloped out.
JOHN FOWLER . I live at No. 16, Collard-place, and am captain of the Joshua, which left Melbourne on 30th Jam. On 4th Feb., the third day after leaving, a complaint was made to me—the passengers were not personally examined, they were asked to produce their gold—some of them produced gold—the prisoner did not produce any; he saw the other passengers produce theirs—I was not aware which of my passengers had gold and which had not—the passengers were not asked to produce their gold, but for their own security they produced it, and placed it in my charge for fear it should be stolen, as this was—Vertue was there, examining the gold that was produced—it was known at that time that there was a complaint in the ship of gold being lost, and when it was being produced the prosecutor was examining it to see if it was his—I took the gold into my possession which they so produced—the prisoner saw the others produce their gold—I saw the prosecutor examining the other passengers' gold to see if he could recognise it, as did all the passengers; they all knew the gold was brought to me and was opened—I cannot be positive that the prisoner was in the cabin to see Vertue examining the gold, but he knew that it was the case—I cannot undertake to say that he did sec Vertue examining it—the search through the ship for Vertue's gold was going on by the chief officer and the seamen when the passengers brought their gold—all the passengers must have known that the search that was going on was for Vertue's gold, that was no secret—on 6th April, in consequence of a commmunication made to me, I requested the prisoner to show me his gold, and before he produced it I asked Vertue to give me a description of his gold—he did—the prisoner's gold was produced by Mrs. Levy, who said that was all M'Lean's gold that she had—I took possession of it, and have kept it ever since—the belt was opened in the presence of the prisoner and the prosecutor.
Cross-examined. Q. What was the description he gave of the nugget? A. That the largest nugget of his gold was about 14 dwts. in weight, and had a little quartz quite through it, and that it was Ballarat gold—the prisoner embarked at Melbourne as a passenger; he paid his passage money first, at Melbourne—it was 35l.—I did not know he had been at the diggings, I knew nothing of him—there was not gambling going on on board my vessel, that I am aware of—Mrs. Levy is a lady; her husband is in the colonies—she has returned from the colonies—no accusation was made against anybody else—ten passengers were left at Plymouth—when Vertue said that
was his nugget the prisoner made no reply; he did not say it was his—we all considered that it was the prisoner's gold till we heard Vertue's story, because I received it from Mrs. Levy as the prisoner's gold—I did not ask the prisoner if it was his; he heard her say it was his, and did not contradict it—she did not bring up a couple of belts of gold, she brought up one, and said, "This is M'Lean's gold"—I asked her if she had any more belonging to him, and she said, "No"—he claimed it from beginning to end.
COURT. Q. The whole of it? A. All that was in the pouch; it was given to Mrs. Levy as his, and it was given up to me as his, and he made no reply—Mrs. Levy was sent for, and she brought the gold with her in obedience to my command to bring M'Lean's gold; it was not in obedience to M'Lean's command.
MR. BALLANTINE. Q. Did M'Lean say it was his gold? A. I do not know that he said anything; I do not think he opened his mouth—I will not swear he never spoke a word, but I do not think he did; he may have said many frivolous things, but I did not pay attention to what he did say—he was talking about going to California, and that he had some Californian gold—he did not say he had been to Ballarat; I did not ask him the question—he was talking to the other passengers.
MR. GIFFARD. Q. You went to him and asked him to show you his gold? A. Yes; and he referred me to Mrs. Levy, and she said that that was his gold; he did not say that it was not.
COURT. Q. Have you had the gold weighed? A. Not out of the pouch; I weighed it in the pouch, there was thirty-six ounces with the pouch—I sealed it up in the prisoner's presence—Mrs. Levy also produced a little of her own gold.
HENRY BOSWELL . I was carpenter, on board the ship Joshua. I remember a search being made for gold, a few days after sailing from Melbourne—on the night before the search was made I saw the prisoner come up on deck, between 9 and 10 o'clock; it was moonlight, and he appeared to me to be in his shirt—he threw what appeared to me to be a cigar box over-board—he looked fore and aft on deck first; we had then been at sea two or three days—he was in the fore part of the main rigging, and I was standing by the after part of the fore rigging, underneath the stays—there appeared to me to be a parcel fall out of the box after it was out of his hand, as it was going down into the water—it made no splash, it seemed to fall light; it made no noise in the water—I could not tell the colour of it—I did not speak to him till after the gold was found; I had then told Vertue what I had seen—he came forward after the captain had got his gold, and said, "Carpenter, did you tell Vertue that I threw a cigar box overboard?—I replied that I did—he said, "It was an empty one"—I told him I did not know whether it was empty or full.
WILLIAM ALSTEAD (Thames policeman). I took the prisoner on board the ship Joshua, which had just entered the entrance of the London Pock basin—I went on board, and Mr. Vertue said, "I give the prisoner in charge for stealing gold"—I said to the prisoner, "Are you aware of the charge that is preferred against you?"—he said, "Yes, perfectly well"—I turned round to Mr. Vertue, and asked him if he had sufficient evidence; he said he had enough to justify him in giving him into custody—the prisoner then said, "It is a bad job for me"—I then took him to the station, and asked him to deliver up what property he had; he delivered up the largest nugget, some small nuggets, like dust, three pieces of quartz, a box of studs, and a gold pin.
Cross-examined. Q. Was that all that you took from him? A. No, there were eight sovereigns; I do not know that an application waft made, to have them returned, which was refused—the prosecutor says he has some recollection of the largest nugget—the etude and pin appear to be new—the prisoner had never left the ship when I went on board.
THOMAS NAUNTON VERTUE re-examined. I think this is part of my gold; this is the nugget the prisoner showed me, I believe—I have got several nuggets similar to it from the same run; they correspond with it exactly (producing some from his pocket).
COURT to JOHN FOWLER. Q. When Mrs. Levy came with the gold, how was it done up? A. As I have produced it now; it was only fastened, with a buckle—there was no seal—the gold was all turned out into a dish; I have no recollection at what part of that turning oat tikis piece appeared, but at soon as the prosecutor saw it he said, "I can swear to that gold; that is my gold"—the prisoner heard him say that, but he appeared too confounded to make any reply—there are thirty-five ounces here, belt and all.
COURT to THOMAS NAUNTON VERTUE. Q. You say you put your gold at the bottom of the cigar box? A. At the bottom part of the box; it was contained in two bags put into one; the whole, in fact, was enveloped in one bag; there were sixty ounces of it.
NOT GUILTY .
NEW COURT.—Wednesday, May 10th, 1854.
PRESENT—Sir JAMES DUKE, Bart, Ald.; Mr. RECORDER; and Mr. Ald. FINNIS.
Before Mr. Recorder and the Fifth Jury.
MESSRS. RYLAND and LOCKE conducted the Prosecution.
TRISTAM STANSFIELD (City policeman, 292). On the morning of 17th April, I was on duty in Farringdon-street; about 2 o'clock I saw the prisoner coming out of an empty house, No. 44, and pulling the door to after him—as soon as he saw me he ran away, and I ran after him and called out—he was stopped by another officer in Skinner-street—he had neither boots nor shoes on—I went up to the person who had stopped him, And he was taken to the station—I went back to the house No. 44, that the prisoner had come out of-—I stayed and watched the house till the inspector came, and went into the house no one had gone in or come out, till the inspector came.
Cross-examined by MR. HORRY. Q. Are you sure this prisoner is the man? A. Yes; I did not see any female by.
HENRY JOHN TEAGUE (City police inspector). On the morning of 17th April, the prisoner was brought to the Smithfield station, about 2 o'clock in the morning—I observed he was without shoes or boots and his trousers were torn, and his hands were Hack as though he had been clambering over the roofs of same houses—I went to the house No. 44, which was empty—I went in and searched it, and on the first floor was an open window—I found these three bags and some Lucifer matches, some of which had been
lighted—I went through the open window to the skylight of Mr. Emery's shop—the open window led to the leads over Mr. Emery's; I found this staple was loosened and removed from the skylight—there had been a hole bored close to this hasp—I fitted this gimlet to the hole, and it fitted exactly—this gimlet was handed to me by the sergeant, it was found on the first floor in the empty house—I put my finger to the hasp and it came out directly, through the hole being bored so near it—from the skylight down into the shop I found this rope, which is knotted so as to form a ladder—the sergeant brought me a pair of boots, I took them to the station with me and gave them to the prisoner—I said, "I have brought your boots"—he took them, and put them on—they fitted him.
Cross-examined. Q. Did he not say he would put them on as he had no boots? A. No; he did not make any remark I believe; I made a remark, I said, "Your foot is swelled, I suppose in running"—his foot was not swelled, it was only the dampness of the stocking.
JAMES ORAM (City police sergeant, 93). In consequence of information I went on the morning of 17th April to Farringdon-street, to the back of No. 44, which is an empty house—I got over the wall to No. 43, which is Mr. Emery's—I found the window open on the first floor of the empty house—I went in at that window; I found this jemmy, this dark lantern, and this spikelet or large gimlet, three bags, and several Lucifers—I got out of the window again, and found the skylight leading to Mr. Emery's shop at the back had been broken open—from this rope suspended from the skylight into the shop, a person would be able to get from the leads of the skylight into Mr. Emery's shop—I found this pair of boots in the room of the empty house where the window was open, and this piece of cloth—it is called Coburg cloth—I took the boots to the station, and the prisoner put them on; they seemed to fit very well, he had no difficulty in getting one on, the other went on rather hard—there was a ladder in Mr. Emery's shop, by which any one could get up—it was a shop ladder with a board across it, to get up to the shelves—it was a long ladder, it readied nearly up to the skylight.
Cross-examined. Q. Did you hear the prisoner make any remark? A. No; I was in King-street, and saw the prisoner being conveyed to the station—I had passed by the house, No. 44, two or three times before that—I had not seen any one sitting on the steps.
WILLIAM ROWLAND (City-policeman, 247). I was on duty in Farringdon-street, on the morning of 17th April—about 2 o'clock I beard a door closed—I looked in the direction from whence the sound seemed to come; I saw the prisoner run away from the door—I should think he was about two yards from the door when I first saw him—Stansfield was following him—I ran up Turnagain-lane, and again saw the prisoner running up Skinner-street; I called, "Stop thief!"—I saw two constables, who stopped him at the end of the Old Bailey—they crossed over, and the prisoner saw he could not get past, and he stopped himself—I was behind him, and I went up and took him into custody—he had no boots on—I asked him where his boots were—he said he did not wear them—I asked him where he lived; he said in Staffordshire, and he had travelled a day or two without boots or shoes—I took him to the station, and searched him—I found nothing of importance on him but this watch key.
The prisoner's statement before the Magistrate was—"I have nothing to say."
their shop, you have access to their house—there is a door locked which shuts the shop off at night—there is a communication between the shop and the house without going out of doors—I was called up, And I went down stairs into the shop—I know this piece of cloth, it belongs to George Emery and another.
GUILTY .* Aged 25.— Six Years Penal Servitude.
MESSRS. RYLAND and LOCK conducted the Prosecution.
JOHN HONEYSETT . I am in partnership with Thomas Clark, we carry on business at No. 106, Fetter-lane, as corn and coal merchants. The prisoner was in our service on 16th Jan. last, as a Carman—we sell coals by retail from the shop, and we are likewise Carmen; we remove goods as Carmen, but we do not cart coals as Carmen for other people—I keep a book—on 16th Jan., I gave the prisoner directions to fetch a ton of the best coals—the price of the best coals then was 2l.—I gave the prisoner 2l. to get the coals—he got the coals and came back, and produced me this bill—I entered the coals in this book when he came back—he brought a ton of seconds coals—I looked at them and said they were very bad coals—he said they had no best, and he brought what they had got, seconds, and the price of them was 2l.—he did not give me any money—I never at any time gave the prisoner directions to get the bills made out for larger gums than the money he paid.
Cross-examined by MR. BALLANTINE. Q. Did you give the prisoner the 2l. in gold or silver? A. I cannot say—I cannot tell whether there was any silver.
JURY. Q. Are you certain you gave him 2l.? A. Yes.
JAMES JORDAN . I am wharf clerk to Messrs. Neal and Co., coal merchants, in Upper Ground-street, Blackfriars-road. I know the prisoner bought coals in the name of Clark—he came an 16th Jan. to our premises; he said he wanted a ton of coals—we have in our counting house a list of the different sorts of coals, and likewise the prices—I told the prisoner what coals we had—the list was there, but I told him—Northumberland was one sort that we had, and he said he would have Northumberlands—the price of them was 1l. 18s.—the price of the best I believe was 2l. 2s. (refering to the book); we had same as high as 2l. 2s. 3d.—we had none at the price of 2l.—the price of the best was 2l. 4s.—the prisoner chose to have one ton of Northumberlands, at 1l. 18s.—he paid 1l. 18s. for them; I cannot tell now how he paid for them—I cannot charge my memory whether I had to give him change—I gave him the receipt, it is signed by me—this is the receipt for 2l.—I gave him the receipt for 2l. by his request.
Q. Tell us, as nearly as you can, what he said? A. He said his master, Mr. Clark, was badly paid for drawing the coals, or carting them, and he requested to have a receipt for 2l., that Mr. Clark might have a reasonable profit—I said, "If Mr. Clark wishes to have a bill for 2l. I most have 1d. for the stamp"—I did it, because I thought it was obliging Mr. Clark—I did not understand that Mr. Clark was buying the coals to sell, but that he might have these 2s. more from the party for whom he was drawing or carting the coals—I have since found out that Clark and Honeysett are coal dealers—I am not aware whether they do not draw coals.
Cross-examined. Q. Did you get anything by it? A. He; I did it to benefit Mr. Clark—he was a stranger to me—he might have been there once or
twice—I did not do it to catch a customer—it was quite immaterial to me—I have a salary—I did it that Mr. Clark might have a reasonable profit—I did not do it that he might charge a profit beyond the price of the coals—I supposed the party would pay him so much over the price he gave for the coals—it would not benefit the Carman—there would be a representation that the coals cost 40s. when they cost only 38s.—the customer would be done, by my instrumentality, out of 2s.—probably it may be dishonest on my part—I did mot think it was dishonest at the time—I am twenty-nine years old—it was a lie on my part—I am quite sure I did not pocket the 2s. myself, and that I did not swindle this man instead of the customer—I returned the account to my master the same day—I accounted to him for 1l. 18s.—I am sure I did not keep the 2s.—I believe I did not tell Mr. Neal I had been giving a fraudulent receipt.
Q. I believe you were constantly in the habit of doing this thing? A. It has been done by myself with Mr. Neal's knowledge and concurrence—there was something of the same kind, and Mr. Neal sanctioned it—he sanctioned the system by which customers were to be swindled by my giving false receipts—Mr. Neal lives in Upper Ground-street—he is a coal and coke merchant—he sanctions the system of giving receipts for a larger amount than was paid—it has been done once or twice in two or three months; whenever we are asked—Mr. Neal is here, and the book is here—here is on the counterfoil "1l. 18s."—here is the book from which this bill was torn.
MR. RYLAND. Q. Was Mr. Neal present when this request was made by the prisoner? A. No; I thought myself justified, in consequence of the prisoner's representation, to do this—at the close of that day I accounted to Mr. Neal for the moneys received in the day—I accounted to him for this 1l. 18s., and entered it in the cash book—I accounted for this one ton of Northumberland coals.
COURT. Q. You said, if you gave a receipt for 2l. you must have a stamp. Who paid for the stamp? A. The prisoner gave me the stamp—it is usual, in the course of trade, to mention the sort of coals sold—this has not the sort of coals mentioned—it might be in the hurry of business—if I put it down it will enable the persons to know what sort of coals they have got—if I had put Northumberland coals on this ticket Mr. Clark would have known the price.
JURY. Q. Are you not in the habit of giving the customer the name of the coals on the bill? A. Yes; I was not aware, till I saw this bill now, that I had not done so on this occasion.
JAMES NEAL . I am a coal merchant, and carry on business under the name of Neal, Roll, and Savage, Old Jamaica-wharf, Upper Ground-street, near Blackfriars-bridge. On 16th Jan. I find, by referring to this day book, that Jordan accounted to me for one ton of Northumberland coals sold to Clark—he paid me 1l. 18s. for them—that was the proper price for Northumberland coals that day.
COURT. Q. I am afraid it is true that this has been done with your knowledge and sanction? A. These cases are very rare; it is a most injurious thing to me as well as to the customer; by this I have lost Mr. Honeysett's custom—this has been done by my knowledge in very isolated cases—I was the first to say that if it were my case I would give the man in charge.
JAMES TRIMMER (City policeman, 69). I apprehended the prisoner on 6th April—he had left the service of Messrs. Clark and Honeysett before that—I met him in Leather-lane, and told him I wanted him for robbing his master—he said, yes, he knew all about it.
(The prisoner received a good character.)
GUILTY. Aged 38.—Recommended to mercy by the jury. — Confined One Month.
MR. PARRY conducted the Prosecution.
MATTHEW THIPPETT . I am cashier, in the employ of Eneas Dawson and another; they live in Sherborne-lane, Cannon-street, and are large agents for newspapers—the prisoner was in their service—it was his duty to take in advertisements, and receive the money, and to buy publications, and pay for what he was directed to pay for—on Good Friday, 14th April, he applied for 3l. 10s.—he first applied for 10s., and them for 3l. for advertisements.
Prisoner. Q. Suppose I had in the first instance asked for 2l. would you not have given it me? A. No; I should have handed you nothing but what was down in the book—if there had been 40s. down I should have given it you, certainly.
COURT. Q. What was the 10s. for? A. To purchase newspapers—the 3l. was for advertisements, after he drew the first 10s. for papers.
THOMAS M'GUIRE . I am advertisement clerk to Messrs. Dawson. On Good Friday I gave the prisoner some advertisements to be inserted in newspapers; the amount of them was 3l.—only two of them have been inserted, which amounted to 8s. 6d.
Prisoner. Q. Are you aware that I gave those advertisements to a boy? A. I have been told so—I understood they were sent, and the Sunday Times office was closed when he took them in, in consequence of its being Good Friday—if you had put down 100 shillings it would have been given you.
MR. PARRY. Q. Has he ever accounted for the 3l. to your knowledge, or for the balance between 8s. 6d. and 3l. A. No.
EWARD WHITEHEAD . I am clerk to Messrs. Dawson. On Saturday morning, 15th April, I went to Norfolk-street, in the Borough—I saw the prisoners wife—I went on the Wednesday following, and saw the prisoner—he had not been to his employ between Good Friday and the Wednesday)—I found him in bed—I inquired of him whether these advertisements had been inserted—he told me only two had been inserted; that the Sunday Times office was closed, and the boy had brought him back the balance, 2l. 12s. 6d.—I asked him what had become of him since; he said he could not tell till Saturday night, when he found himself at Beading, with 5s. 6d. in his pocket; that he slept there that night, and came the next day to Maiden-head, and paid 1s. 9d. for his fare, and returned home on Tuesday morning.
Prisoner. Q. Did I attempt to conceal anything, or deny having the money? A. No—from what I have seen of you I believe you would have returned the money if you had had it.
THOMAS JOHN CARTER , I am a newspaper boy, in the prosecutor's service. On 14th April I drew 14l. from the cashier—I gave the prisoner 7l. 10s. 6d. of it—he was to purchase papers with it—this is the joint list of the papers that were to be purchased with the 14l.—that was about 11 o'clock in the morning—none of the papers that the prisoner were to purchase have been purchased.
Prisoner. Q. Was it in the morning or evening you gave me the money? A. In the evening—you told me to keep the money till the morning—I do
not recollect that I said you had better take it for fear I should lose it—I paid you 7l. 10s.—it was your duty to purchase those papers—I did it myself formerly—it was your duty to send a boy to purchase them.
MR. PARRY to EDWARD WHITEHEAD. Q. What was the prisoner's duty; was he or was he not responsible for the money? A. His business was to make out a list for the boys—he told Carter to draw for 14l.—in consequence of two papers being published early in the morning it was his duty to send a lad for them—he drew the money from Carter, and sent another boy for the papers.
WILLIAM HENRY SIMMONS . I am in the service of the prosecutor. The prisoner used to send me for the Australian Gazette and the Mining Journal—he used to give me the mosey on Saturday morning—he did not give the money on 15th April.
Prisoner. Q. Did I not give you sixpence on Good Friday afternoon? A. I cannot recollect that you did—I might have come to the Exchange, and bought a Morning Herald.
Prisoner's Defence. I do not deny that I had the money, but I had no intention of stealing it; if I bad intended to steal I could have had a larger sum; I told Carter to keep the money till the morning, and he said, "I may lose it; you had better take it yourself;" he asked what I wanted; I said 6l.; he then said, "I have 30s. in gold, you may as well take it;" I took it; about half-past 5 o'clock I and four or five other men went out to drink; we drank more than we should; I went home, and the next morning I went out without having any breakfast, and got drinking again; I do not know what I did till I found myself at night at Reading; I slept there, and next morning I took the train to Windsor, and came home; I sent my wife the next morning to Messrs. Dawson, to tell them what had happened, and that I would work without any money till I had paid it; I was left at the early age of eleven years, and have sustained myself to the present time; I was seven years in the employ of Mr. Ingram, a bookseller; I was in several other places, and had a good character; I then went to New York, where I had the misfortune to be sun stricken; I returned to London, and Mr. Adams, who had before employed me, took me again; I then went to Mr. Dawson's, and have never had anything laid to my charge; I lost this money; the effect of my being sun stricken is, that if I have two or three glasses of liquor I do not know what I do.
CATHARINE KEEFE . I am the wife of the prisoner's uncle. I have sometimes seen the prisoner in a state of intoxication; when he was in that state a person might take the clothes off his back, and he would not know it—one night he went out with his uncle, and his uncle took the watch away from him, and he did not know it.
COURT. Q. On that occasion was he in liquor? A. Yes; it was when he was in liquor that he did so—I do not know how much he drank on those occasions—he lodged with me after he came from America—he was sometimes intoxicated, not very often—he left me about thirteen months ago—when he was in America, he wrote word that he was ill—to the best of my knowledge, he is easily made drunk.
NOT GUILTY .
MR. PARRY conducted the Prosecution.
CHARLES COTTON . I am assistant to Mr. Robert Attenborough, a pawn-broker, of No. 11, Greek-street, Soho. I know the prisoner by the name of Llishman, that was the name he generally pawned in—on 9th Feb. he pawned a coat—I have no doubt that this is the coat (looking at it) which he pawned on the 9th Feb.—it has now a ticket on it for 1l. 7s., pawned on the 14th—it is a black beaver coat, lined with plaid—I have sufficient memory to say that the coat pawned with me on the 9th Feb. was a black beaver, and lined with plaid, on which I lent 1l. 8s.—on 14th Feb. this coat was again pawned with me by a man of the name of Hayton—I had known him before—I had seen him with the prisoner—I lent 1l. 1s. on the coat.
Cross-examined by MR. ROBINSON. Q. Mr. Attenborough has many houses, has he not? A. He has four—there are three assistants besides myself where I am—Mr. "Wellman is the only person who takes in pledges besides me—it is a very common thing for persons to traffic in pledges, and sell their tickets—my attention was called to the parcel which I say was substituted for this first coat, about a month or five weeks ago, about the middle of April—that was the time we examined our stock generally—it does sometimes happen that we advance more money on an article than it is worth, but we do not usually lend 1l. 8s. on a coat not worth more than 10s.—I have been blamed by Mr. Attenborough for advancing more money on articles than they are worth—in the hurry of business it is quite unavoidable—I am thirty-four years old, and have been in the pawnbroking business eighteen years—I have taken in pledges about twelve years—I have been with Mr. Attenborough about four years—I have not sworn to this coat—to the best of my belief, it is the coat—there is no mark about it—it was pawned again on the 14th—we place the ticket on it with a pin—we dry the tickets with blotting paper—when the thing is settled, the article goes under the counter, but in process of time it goes in what we call a well.
MR. PARRY. Q. This ticket of 14th Feb. would be outside the wrapper? A. Yes; the wrapper in which this coat was is left at home—I cannot swear positively to this coat; it was a black beaver coat, with a blue plaid lining, that I took in on 9th Feb.; but there is no mark by which I know this—when the parcel is made up, and the customer gone, the parcel goes under the counter till it is booked, which it is shortly afterwards; always on the same day—it then goes in the warehouse, where it is arranged with other coats, according to the price; it remains there till it is brought down to be taken out, or to be looked at—persons come occasionally to see the pledges, perhaps to bring a friend, or to sell the ticket.
EDMUND WELLMAN . I have been assistant to Mr. Attenborough for two years. I have been seven years in the trade—I know the prisoner as pawning at our shop—I remember his coming on 10th Feb.—he gave in a ticket of a coat for 1l. 8s.; this is the ticket—it is dated on 9th Feb.; this ticket is my writing—Mr. Cotton took in the pledge, and I wrote the ticket at his direction—I saw the coat that was pawned on 9th Feb., I did it up—to the best of my belief this is the coat—I remember it was a black beaver coat, with a blue lining—I did it up in brown paper—when the prisoner produced this ticket on 10th Feb., he laid it down; I do not remember what he said any more than he paid the interest, and had a new ticket in another
name—when the parcel came down I gave it him, I only took the ticket off, and laid the parcel on the counter—I asked him if he was going to take it out; he said no, he wanted a new ticket—when I put it on the counter it was towards him; I cannot tell whether he touched it—he said he must have it renewed, or something of that sort—I had a new ticket written—here is the ticket of 10th Feb., it was written by the warehouse boy, by my direction—the boy wrote it at the desk, no doubt—I was moving about, I have no doubt I turned fifty times; I was in several places during the time—I am quite confident that I lost sight of the parcel—the prisoner was about the middle box—there are five boxes—I think our counter is about three yards long in front of the boxes—I cannot remember what time of day this was—the boxes are not very light—you cannot see into them clearly—whilst I was walking about, the prisoner had the opportunity of substituting one parcel for another—I remember this parcel was there, and after the ticket was written, I put the ticket on the parcel on the counter—I had no idea but it was the same parcel that was brought down—the string was on it—I remember pinning this ticket on it—the parcel was afterwards booked and sent up stairs in the usual way—my attention was called to it on 3rd April—we then examined all the parcels done in brown paper—we examined this parcel—it was in brown paper, and had the ticket of 10th Feb. on it—it contained this coat, which I should think is not worth more than 10s. to lend on it—I can positively swear I never lent the prisoner 1l. 8s. on this brown coat—the ticket of 10th Feb. for 1l. 8s. was on it—I did not take it in on 9th Feb., I folded it up—I am certain that this brown coat is not the coat that I folded up on 9th Feb.—between the time that I placed the coat on the counter for him to examine it if he pleased, and the time the ticket was made out, and I pinned it on the parcel that was substituted, about a minute and a half or perhaps a little more had elapsed—On 3rd March I took in a pledge of the prisoner of a shirt and handkerchief for 3s.; I believe I took it in at dinner-time, between 1 and half past 1 o'clock—he came again the same day—I think it was very shortly afterwards; he said he wanted the parcel down to have sixpence more advanced on it—I do not thick the parcel had then been put in the warehouse, we had not had time—it may be two or three hours before a parcel is booked and taken up in the warehouse—when the prisoner came I got the parcel, and told the warehouse boy to write a fresh ticket for 3s. 6d.—I put the parcel on the counter to the prisoner, the same as I did the coat—the prisoner generally went in the same box—when the ticket was written I put it on the parcel, and put the parcel under the counter again—my attention was called to the parcel now before me about 3rd April—this parcel contains a shirt and a handkerchief—this shirt is not the one I took in, nor is the handkerchief—the handkerchief I took in was a silk handkerchief; this is a cotton handkerchief—we do not take in cotton handkerchiefs—this shirt is worth 6d. or 9d., it is a night shirt, there is no front to it—the shirt I took in was a day shirt—a calico shirt with a linen front—I am quite certain I did not take in this shirt and handkerchief from this man on 3rd March—I should think you could buy this handkerchief new for 5d. or 6d.—I have a ticket of a handkerchief pawned by the prisoner on 11th March, for 2s., and a ticket of a handkerchief pawned on 13th March for 1s. 6d.—I took in a handkerchief of the prisoner on 11th March; I lent him 2s. on it—I remember his coming again on 13th March, in reference to this handkerchief—I had this parcel of 11th March down, and he said he wished to pay sixpence off it, and put it in for 1s. 6d., and have a new ticket—I changed
the ticket for him, and pinned the ticket on it—this parcel has no string, that is all the difference—this parcel contains a black neck handkerchief—this is not the handkerchief which I took in on the 11th—this is a silk handkerchief, but it is full of holes—the one I took in on the 11th was a pocket handkerchief—I cannot recollect the colour of it.
Cross-examined. Q. How often have you had this black handkerchief out since? A. Only once; we had quite enough of it then—it was not exhibited at the Police Court—these things were not exhibited before the Magistrate—it often happens that one person takes the things in, and some one else makes out the ticket—I am taking in pledges all day—in one day perhaps 200 are taken in, all sorts of things, and each person being anxious to be served as speedily as possible—this brown coat is worth about 10s. to lend on—these things are done up very often some time after the pledge has been taken in—it is very rare we have them in papers—mostly in wrappers.
CHARLES COTTON re-examined. Q. Look at this brown coat; can you or can you not say whether this was or was not the coat you took in for 1l. 8s.? A. I am sure it was not—I have seen the prisoner wear this coat, it is not Worth more than 10s.
COURT. Q. Were these things in any particular kind of paper or string? A. No; all our paper is not supplied from one place.
GUILTY .† Aged 22.— Confined Eighteen Months.
(There were two other charges against the prisoner.)
THIRD COURT.—Wednesday, May 10th, 1854.
PRESENT—Mr. Ald. CUBITT; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
PLEADED GUILTY . Aged 19.
(MR. BALLANTINE for the Prosecution stated, that the prisoner had been seven years in the Company's service, and that the two sums were taken within three days of each other.)— Confined Six Months.
PLEADED GUILTY . Aged 19.— Confined Twelve Months.
MR. O'BRIEN conducted the Prosecution.
PETER SHEE . I live at No. 56, Paddington-street, Marylebonne, and am a stationer. Smith was in my service up to the Saturday this occurred—he did not sleep in the house—on Saturday morning 29th April, at 4 o'clock I heard a bell ring very violently, my servant went down and found the police at the door, but nothing was missed then—about half past 7 o'clock I went down, examined the till and missed a bag containing a 5l. bank note, a sovereign, two half sovereigns, and 3l. or 4l. in silver, which I had left safe when I went to bed at 11 o'clock the night before—the shop was locked up, and the key left on the inside of the door—we found marks on the wall in the court, the persons had come over the wall into my yard, and from there through the parlour window which had been shut, but there was
no fastening—Mr. Smith, the prisoner's father, Afterwards brought me 8l. 7s. 20d., there was a 5l. note, a sovereign, and the remainder in silver—I had not taken the number of the note.
Cross-examined by MR. RIBTON. Q. At 4 o'clock the bell rang? A. Yes; but I was too ill to get out of bed—the police and the servant examined the lower part of the house, but it was only the till which was robbed, which of course they did not examine—the servant is not here—I cannot tell whether the money was or was not in the till at 4 o'clock.
BERRY CARMAN (policeman, D 263). Between 2 and 3 o'clock on the morning of 29th. April, I was on duty in Paddington-street, and between 3 and 4 o'clock I went down Grotto-passage, into which the prosecutor's door opens from the yard—I found that door standing wide open, and the back room window level with the shop was open—I called across to a brother constable, and left him at the front while I went and rung the bell—the servant came down and searched the under part of the premises, but everything seemed correct—I did not go to the till nor did the servant, for I was there the whole time—about half past 7 o'clock, I was fetched to the house again—the entrance had been effected by getting over the wall in Grotto-passage, and then through the window—I saw marks on the wall of climbing over.
CHARLES BATTERSBY (police sergeant, D 4). I went to Mr. Shee's house and examined the outer wall, I found marks of nails on it—I afterwards took Smith into custody, and took his shoes off—on the same Saturday about 11 o'clock, I found Reeves at home in bed, I awoke him—his father came into the room, there were three females sleeping in the next bed, and two or three children—I said, "Harry, I want you"—he said, "What for?"—I said, "For shoving Jim Smith over the wall, where the crack was in Paddington-street"—crack means, "burglary"—he said, "I did not shove him over, he got on a piece of wood and got over"—I said, "Be careful what you say"—but before I could finish what I was going to say a female tumbled out of bed in a fit, and I immediately went into another room with the father, and then his father said to him, "Harry, if you know anything about it tell the policeman the truth"—(I know the father to be a very honest man)—I said, "Be careful what you do say, do not say more than you will like me to mention again to a Magistrate"—he said again that he did not shove him over, and he said, "I did not get in at the window"—and he said, "Jim opened the side door, came out, and said he did not get anything, and he did not give me anything; I only had some beer at the Black Horse in High-street"—his father said, "Tell the policeman the whole truth"—I said, "How about the stone between the door and the sill?"—he said, "Yes, he put it there"—I understood him to mean Smith—he said Smith opened the door pf the passage and let him in, but that he only put one foot inside, he did not go in; that he was with Smith at the Black Horse at 10 o'clock, and they left there and separated, as Jim said he did not want him to go along with him, and met again about 12 o'clock—he said they had a pint of beer to drink—I said, "Were there not four of you?"—he said, "No, there was only us two."
Cross-examined. Q. You thought from the appearance that there had been more than two? A. No; but I had heard that there had been—I found a stone in the side door at 8 o'clock, I did not go there at 4 o'clock.
BERRY CARMAN re-examined. I was there between 3 and 4 o'clock; I did not notice a stone there then, but I have every reason to believe that there was one, on account of the difficulty I had in closing the door, but I
did close it—there were no means of getting out by the aide door after I left, it was made fast by a chain, and I left by the front door.
DANIEL SMITH . I am the father of the prisoner Smith, he was in Mr. Shee's employ—he came home on this Friday night, between 11 and 12 o'clock and went to bed—on the Sunday night I found 8l. 17s. 3d., behind the water butt in the wash house—there was a 5l. note, and some gold and silver—I took it round next morning to Mr. Shee.
Cross-examined. Q. Does your son sleep in the same room with you? A. No; I live in the first floor front room, and he sleeps in the second floor back—I had gone to bed before he came in: he came into my room, lit a candle, and I did not see him till a little after 7 o'clock next morning, when he came down dressed, and washed his hands and face in my room.
REEVES received a good character. GUILTY. Aged 18. Recommended to mercy by the Jury. — Confined Six Months.
JOHN WILLIAM SMITH . I am in the employ of William Mannell, in Cable-street, within the Liberty of the Tower. On 15th April the prisoner came to my master's shop—she bought a pig's head—Mrs. Mannell served her—I saw her take a piece of bacon, put it in her apron, and walk out into the road—she had paid 9d. for the pig's head—it was being chopped, and she took the bacon, put it in her apron, and walked out into the road—I went out to her, and asked her for it; she said she had paid for it—she said she had had three pence out of half a crown—I had seen her all the time she was there—she put down 1s.—that was for the pig's head—the price of this piece of bacon was 1s. 9d.
Prisoner. I bought the bacon of Mrs. Mannell, and then went out, and left the bacon on the counter; the pig's head was not chopped, and I took the pig's head under my apron, and as I got to the door he stopped me.
Witness. The bacon had not long been cut, and lay on the board—I saw it cut, and the other part sold.
ELIZABETH MANNELL . I remember the prisoner coming to my shop—I weighed the pig's head, and took the money for it—I had not sold the bacon to her—she had not said a word of dealing with me about it—I had seen the prisoner in and out two or three times, but she only purchased the pig's head—I am quite sure she did not buy the bacon at any of the times she came in—it was not cut when she came in and out—it was only being cut when she was looking about for the pig's head—it had not been weighed—she asked the price of it.
Prisoner. I gave you half a crown; it came to 1s. 10d. I left it on the counter, and purchased the pig's head; I put down half a crown to pay for the bacon, and I said, "I have a good mind to have the half pig's head;" I took the half pig's head, and had it weighed, and went out Witness. When she came in for two or three times she said nothing—she walked round and said she would have the head—she gave me a shilling—that was all the money produced.
Prisoner. I was in liquor at the time. Witness. There was no appearance of her being in liquor—she had some halfpence in her hand, and 4d.-worth, of halfpence more.
Prisoners Defence. I have told the truth, that I loft the shop and purchased
the bacon; I left it on the sideboard and went out, and went in and purchased the pig's head, and paid 9d., but I had been drinking on the Saturday, drinking rum; I had the child with me, and the young man stopped me, and said, "You have stolen it;" I said, "I hare not."
Witness for the Defence.
ELIZABETH GRIGG . I live in Abchurch-lane—I am a married woman—my husband is a broker—I was in the shop—I went with the prisoner—I had the baby in my arms—she had been drinking, and asked if I would go to buy something for Sunday—I had been in the habit of minding the baby for her—I went to Mannell's—she stood inside the door previous to going in—she had half a crown and sixpence in her hand—I was not very close, but saw her purchase something—she came out and joked me, and said, "I have been buying a pig's head for you to have a piece"—we had got two doors, and the young man stopped her, and said, "You have stolen the bacon"—I am sure I saw her put down money for something else; I was standing just inside the door.
JURY. Q. What distance was she from the shop when she was stopped? A. Within two doors; we were against a pawnbroker's.
NOT GUILTY .
NOT GUILTY .
OLD COURT.—Thursday, May 11th, 1854.
PRESENT—Mr. Justice CRESSWELL; Sir PETER LAURIE, Knt, Ald.; Sir JOHN MUSGROVE, Bart, Ald.; Mr. Ald. FINNIS; Mr. Ald. CUBITT; and RUSSELL GURNEY, Esq.
Before Mr. Justice Cresswell, and a Jury composed half of foreigners.
MESSRS. CLARKSON and BAYLEY conducted the Prosecution.
JOHN MEARA . I am a waiter, at the Abbey Tavern, St. John's-wood. On 19th April the prisoner came there, between 2 and 3 o'clock in the afternoon; he asked for a pint of ale, and went into the pleasure ground—I took it to him—he then asked what we had for dinner—I said we had roast beef, and he said, "Bring me some roast beef, pickles, and bread"—I took them to him—he asked me what they came to; I told him 10d.—he said it was very cheap, and gave me 1s., and told me to keep the change—after that he had a cigar; he gave me 6d. for that, and I gave him 3d. change—he then asked if we had some coffee—I told him we did not keep it ready made, but we would make him a cup—he said, "Bring me a cup of coffee and some brandy"—I took it him, and he gave me a 10l. note—I took it to the bar to get change—I only looked at it to see what the amount was—I pointed out the prisoner to Reed the barman, and the officer—I had no other 10l. note about me at the time.
WILLIAM REED . I am barman, at the Abbey Tavern. On the night of 19th April I remember Meara bringing me a 10l. note for change; I looked at it, and instantly discovered it was a forgery—I sent for a policeman, and went with him into the pleasure ground; Meara pointed out the prisoner—I said to him, "You have sent in a forged 10l. note; are you aware of it?"—he said he was not aware that it was a bad note—I said, "Whether
you were or no, I intend giving you in charge, to have it investigated"—I then gave him in charge to the officer—this is the note; I kept possession of it till I marked it "Wm. R" at the station, and gave it to inspector Chambers.
GEORGE BOND (policeman, D 265). On 19th April I went to the Abbey Tavern, St. John's-wood, and went with Reed into the pleasure ground—I told the prisoner that he had been endeavouring to utter a forged 10l. note—he said he was not aware it was a bad one—I took him into custody—on the way to the station, I asked him where he had got the note—he said at the hotel at which he was stopping, in Leicester-square—as we were going along he made a snatch from me, and ran away—I ran after him, and caught him; he then said he was a Frenchman—at the station inspector Chambers asked him his name and address; he said, "Henry Fucks, No. 77, Castle-street, Leicester-square"—he was asked his occupation—he said he was a tobacconist—the inspector asked him where he got the note—he said he got it of a man who came to buy a few cigars of him—he was then locked up—that same evening I went to No. 77, Castle-street, Leicester-square; it was a small tobacconist's shop, with the name of "H. Fuchs" over the door; I saw a few cigars there—the shop was searched by another constable.
Prisoner. When he took me away from the tavern, I did not say that I was stopping at an hotel in Leicester-square; I told him that I took it from a man in my business, who told me that he was at an hotel in Leicester-square. Witness. I am quite sure that he said he was stopping at an hotel in Leicester-square; not that he took it of a man that was stopping at the hotel.
(The prisoner not being able to speak English with ease, made his defence in German, which was interpreted by one of the Jury, as follows: "Some one that lived at an hotel in Leicester-square came to my shop, which is a cigar shop, and purchased 2s. worth of cigars, and tendered this note in payment; I gave him the change, not knowing that it was a forged note; and two days afterwards I went to this pleasure ground, where I was taken into custody.")
GUILTY . Aged 24— Transported for Fifteen Years.
Before Mr. Justice Cresswell and the Fourth Jury.
631. In the case of REBECCA TURTON , indicted for the wilful murder of Thomas Turton , upon the evidence of Mr. M'Murdo, the surgeon, Mr. Wilders, the deputy surgeon of the gaol, and the Rev, John Davis, Ordinary of Newgate, the Jury found the prisoner Insane, and not in a condition to plead. Ordered to be detained till Her Majesty's pleasure be known.
MR. RYLAND conducted the Prosecution.
AGNES ANDREWS . I am the wife of John Andrews. On Tuesday morning; 4th April, a little after 1 o'clock, I was with the deceased, and his nephew, and Mrs. Porter, my sister-in-law; there were five of us altogether—we were going home from Bunhill-row to Old Street-road—the deceased and
the men were dancing in the road—I saw some women come towards them—nothing was done to the women, but in a minute or two more, the prisoner and another man, a very little shorter than him, made their appearance—the prisoner knocked young Mr. Anderson down first, as he was dancing in the road with has uncle and my husband—the prisoner then went to Mr. Anderson, who is dead, and hit him twice on the head with his right hand and with his left.
(MR. ROBINSON, for the prisoner, stated that he could not struggle with the facts of the case, and that the prisoner would plead guilty. MR. RYLAND suggested that there must be a verdict, the Jury being charged. The COURT considered that the proper course was that adopted at the Assizes, where, when a prisoner pleaded guilty before the Jury found their verdict, it was entered as a plea of guilty upon the record.)
The prisoner pleaded
GUILTY . Confined Six Months.
MR. CAARTEEN conducted the Prosecution, and MR. PAYNE the Defence.
GUILTY of attempting. — Confined Two Years.
NEW COURT.—Thursday, May 11th, 1854.
PRESENT—Sir PETER LAURIE, Knt., Ald.; Mr. RECORDER; Mr. Ald. FINNIS; and Mr. Ald. MUGGERIDGE.
Before Mr. Recorder and the Sixth Jury.
634. HENRY HOLDMAN , stealing 1 coat, and other goods, value 3l. 1s. 6d.; the goods of Auguste William Bernstein: also, 170 ornaments, and other goods, 36l. 8s.; the goods of Andres Wittich: to which he
PLEADED GUILTY . Aged 22.— Confined Six Months on the First Indictment ,
and Two Months more on the Second.
MOORE PLEADED GUILTY . Aged 17.
DONOGHUE PLEADED GUILTY aged 16.
Confined Six Months.
PLEADED GUILTY . Aged 20.— Confined Twelve Months.
PLEADED GUILTY . Aged 25.— Confined Twelve Months.
PLEADED GUILTY . Aged 20.— Confined Twelve Months.
639. HENRY REMINGTON TICKELL , forging an acceptance to a bill of exchange for 630l. 13s. 6d: also, to a bill for 292l. 3s. 4d.: also, to a bill for 969l. 12s. 6d.; with intent to defraud: to which he
PLEADED GUILTY. Aged 27.—Recommended to mercy by the Prosecutor. —Four Years Penal Servitude.
MR. ROBINSON conducted the Prosecution.
WILLIAM EDWARD WILSON . I live at Millwall, Poplar, and have a mill there. On Friday, 21st April, a person came to me, about 9 o'clock in the morning, respecting the purchase of some wheat—in consequence of that, I went on board the Cokimbo, in Oarter's-dock, Millwall—I saw the prisoner—he told me he had a quantity of sweepings and damaged wheat for sale—I went down to the between decks, and saw two heaps of wheat lying at the extreme ends of the vessel, and in the wheat there was a quantity of linseed cake, bits of wood, and rubbish of different descriptions—it was evidently swept up from different parts of the vessel—I asked the prisoner how he came to have this—he told me it was his perquisite, for sweepings, and it had been cleared at the London-docks, by the Dock officer and the Customs officer, on the previous Tuesday—I agreed to give him 40s. a quarter, or 5s. a bushel, for the wheat, and to send men down to remove it—I sent down two men in the course of the morning to measure the wheat, and bring it home to the mill—when the second load came I found, from the statement of my men, that there were 142 bushels, which, at 40s. a quarter, would amount to over 35l.—I did not feel satisfied About the right of the prisoner to sell so large a quantity of wheat, and, having to go to the Corn-meter's Office, I ascertained who were the consignees of the wheat, and made it known to them—I had paid the prisoner a deposit—he sent to ask for 2l., which I sent down by my man—this wheat was brought to my mill in sacks—it was never opened afterwards till the officers came and took it.
COURT. Q. Did you employ a sworn meter? A. No; I am not aware that the purchaser is obliged to send a meter in such a case as that—I cannot speak to the custom, never having had such a transaction before—I made inquiry whether the duty had been paid—the prisoner told me it had been passed by he Customs authority.
WILLIAM BOLASS I am an inspector of the Thames police. On Saturday, 22nd April, I went on board the Cokimbo—I saw the prisoner, and told him I had come down concerning some wheat which I had found in Millwall, Poplar—I requested him to go with me and look at the wheat—I went and saw Mr. Wilson there—I said to him, "Is this the man that sold you the wheat?"—he said, "Yes"—the prisoner said be sold Mr. Wilson the wheat, and he said they were sweepings, but he thought he had got too much of it.
Cross-examined by MR. BALLANTINE. Q. This was an American vessel? A. Yes, she had been much knocked about, and had been in the habit of taking water.
FREDERICK BASSETT . I am a partner in the firm of Harris and Bassett—we had a quantity of wheat consigned to us by the Cokimbo—we expected 700 quarters or thereabouts, and we got only 428 quarters of sound wheat and 1 quarter of damaged—it was wet—the sound portion of the wheat we had was worth 86s. or 90s. a quarter—I have looked at the samples of
wheat produced, I should think this would be worth about 50s. a quarter—there are some few damaged grains in it—some portions get injured by sea-water.
Cross-examined. Q. I presume you receive bills of lading and are then drawn upon? A. We always pay cash on our receiving the bills of lading—we should look to the consigners for the deficiency—we shall sustain no loss—in strictness we are no losers—I scarcely know what quantity of corn this vessel would bring, some carry much more than the others—some of this wheat escaped out of the bags.
MR. ROBINSON. Q. Whether the wheat escaped or not, it belonged to you? A. Yes.
COURT. Q. Ought 100 bushels of wheat to be measured and delivered without a sworn meter? A. As, sweepings, I should think they would be—it depends so much on the damage—if badly damaged it would not be, but some portion of this I think ought to have been—I think it necessary to have the sound portion measured—both these samples are decidedly sweepings—one is considerably better than the other, and would fetch more money—we have to pay duty on damaged wheat decidedly.
CHARLES FREDERICK BEAN . I am clerk to Jeremiah Coleman and Co.—we received some white wheat by the Cokimbo—the quantity we received was short of what we expected—I have seen some of the wheat in the possession of Mr. Wilson—I saw these samples at the Thames Police Office—they are sweepings.
JOHN JAMES DEANE . I am a tide surveyor—I went on board this vessel on 19th April—it is my duty to go to see that the cargo is cleared out—I examined the whole of the vessel, to the best of my knowledge every part was examined—I found three portions of wheat, one was in the bottom of the vessel, in the hold, another was between decks, and another was in eight casks, in the store room, in the cabin on deck—I sent it on shore before I would clear—there was about eight quarters in all—the loose wheat was put into bags and sent on shore—there was about sixty-four bushels in all, and I would not clear the vessel till it was all removed—I examined the wheat, it was so good that I conceived it to be part of the cargo—I sent it on shore that the merchants might receive it—of course the duty would be paid—I sent it to the same place that the other part of the cargo went to—in my judgment this other was not on board at that time—I believe it was not—there was a small portion dirty and wet at the bottom of the hold, and there was water in the hold—I saw afterwards some dirty wheat, perhaps two or three quarters—perhaps that might come from the vessel: I cannot say—no person whatever had any authority to remove any wheat without the concurrence of the Custom House officer till the duty was paid.
Cross-examined. Q. Did you ever hear of a thing called smuggling? A. Yes, and have known it to be performed.
COURT to ALFRED BASSETT. Q. To whom do the sweepings belong? A. To the consignees—everything ought to be delivered to us; and where there are two or three receivers, and some is damaged, it is usually divided among them.
NOT GUILTY .
PLEADED GUILTY . Aged 24.— Confined Twelve Months.
MR. PLATT conducted the Prosecution.
CATHARINE KELLY . I am the wife of Daniel Kelly, of No. 2, Turner-street, near Darby-street. On Friday morning, 7th April, my husband got up about half past 5 o'clock, and missed his shoes, stockings, jacket, two waistcoats, a pair of trousers, and a shirt; and a shift, gown, and shawl of mine—they were all safe when we went to bed the night before, about 11 o'clock—the street door was then fastened—I had fastened it myself—in the morning I saw Mrs. Ragan push the door open—my husband was not gone to work; he was sitting in the room, saying he could not go to work as he had lost his clothes—I went to the station and to Mr. Raphael's leaving shop—things which are not good enough to pawn are taken in there—Mr. Raphael brought a jacket, two waistcoats, and a pair of trowsers—these are them—they are my husband's property—they are part of the things which were safe the night before, and which I missed—this gown and shawl are mine, and are part of the things I missed—I do not know the prisoner.
HENRY KEMP (policeman, H 201). On that Friday morning I took a woman named Murphy into custody—she had at that time a bundle, and in it was this shawl, jacket, frock, and this pair of shoes—when I took her she went to No. 17, Darby-street, and pointed to Ellen Connor, the female prisoner, as the party from whom she had received the things—Connor heard her say that, and she said she knew nothing about them.
ELIZABETH BRIANT . I live with the prisoner Connor, at No 17, Darby-street Jeremiah Cronan did not live there then, but he had lived there, and he came in that morning—on that Friday morning I saw these things in Connor's room—I was then in bed—Cronan brought them into the bed-room—I got up in about half an hour—Cronan, and a boy named Mahoney, were there—they remained within—I heard Connor say she would not have the things in her room—she told the boys to take them out—the boys went away and left the clothes there.
MARGARET MURPHY . I live in Darby-court I was washing at my place that day, and Cronan came and asked me to take some things to pawn—I went with him to Mrs. Connor's room—I saw this shawl there, this dress, a jacket, and some boots, in a basket under the bed—Mrs. Connor took them out and put them in my apron; she opened the shawl to make it cover them—I went out with them, and was taken into custody with them—I do not know where Kelly lives; Connor lives at No. 17, Darby-street.
COURT to CHTHARINE KELLY. Q. Do you know either of the prisoners? A. No; I know No. 17, Darby-street, they lived there—it is a large house, a great many people live there—these things were hanging on the bed rail, and were taken while I was asleep—except this gown and shoes, they were on a chair.
Cronan's Defence. On Friday morning there was a boy far this woman's house with the clothes, and after he was gone this woman sent me for this girl Murphy, and after bringing her she told me to give her the things.
Connor's Defence. I was very ill in bed, and this girl came to me and told me there were some clothes there; I thought as I had two men lodging there that they were their; I asked what they were, and she told me; I got out of bed and took them; I did not know the clothes, I put them outside on the landing; the lad gave the girl something, I did not know what
it was, and she took them away; she was brought back, and said she had them of me; the policeman took me away directly; I do not know who put them under the bed; the boy says he put them out, and put them in the girl's apron; I did not know they were stolen till the policeman came.
COURT to ELIZABETH BRIANT. Q. How long have you lived with this woman? A. About two months; I slept with her—Cronan brought the things in the room about 6 o'clock in the morning—Mahoney and Cronan brought the things—Connor said she would not have the things there.
CRONAN— GUILTY* of stealing. Aged 18.— Four Years Penal Servitude.
CONNOR— GUILTY of receiving. Aged 31.— Confined Six Months.
MR. METCALFE conducted the Prosecution.
EMMA GOOCH . I am the wife of Edward Gooch, who keeps the Bell public house, Old Bailey. The prisoner was in my service, about two months—on Sunday, 30th April, I went into the prisoner's room, and opened one of her drawers; I found there a bottle of rum, marked with Mr. Gooch's mark—I took it out, and asked the prisoner if she knew about it; she said, "I know nothing at all about it; you can have my key"—she did not give me her key—she drew back, and would not let me have it—I told her I should search her box—she went up stairs, opened the box herself, and took out another bottle of rum, and on looking in the box there was another bottle containing brandy, a dram glass, a basket which I identified, and some small articles of wearing apparel; two of them are charged in the indictment, this small white shawl, and this scarf—there were several other things in the box—the bottles in the box had not our mark on them—they were medicine bottles—no doubt they were mine, but I cannot swear to them—this scarf is mine—there was this pocket handkerchief, which I can identify.
CATHARINE ALLEN . I am fifteen years old, and am in the service of Mrs. Gooch. On 30th April, the prisoner asked me to draw some brandy—I was to get it in the bar—she gave me two glass bottles, and a black bottle, to draw it in—they were medicine bottles—I drew the brandy—my master and mistress were at that time in bed—I took the bottles up stairs—I also drew some rum—I put two bottles under the mattress, and one in the drawer in our bed room—the prisoner and I slept together—I drew the liquor out of the pipes in the bar—I did not tell my mistress—the prisoner said I was not to tell her.
(The prisoner's brother-in-law gave her a good character.)
GUILTY . Aged 18.— Confined Six Months.
THIRD COURT.—Thursday, May 11th, 1854.
PRESENT—Mr. Ald. FINNIS; Sir ROBERT WALTER CARDEN, Knt, Ald.; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
644. JAMES ALFRED , burglariously breaking and entering the dwelling house of Emma Parker, and stealing therein 1 fish slice, 40 forks, 13 knives, 28 spoons, 2 knife rests, 1 purse, 1 cap and saucer, and 1 book, value 16l. 9s., and 8l. 1s. 9d. in money; her property.
The prisoner PLEADED GUILTY to stealing the articles; he received a good character. Aged 19.— Confined Twelve Months.
MR. RYLAND conducted the Prosecution.
HENRY WILLIAM NEVILL . I am a wholesale and retail baker, of Holborn-hill. The prisoner came into my service on 29th August—it was his duty to deliver bread to my customers, and receive money—he kept a book in which it was his duty to enter the bread he delivered, with the amount paid to him, and to pay the balance the same night to me, or to Emma Clapp, my shopwoman—this (produced) is his book—he enters in it, on 13th Jan., eight quarterns of bread delivered, and 6s. 6d. received for it, of Maslin, of Gilbert-street, Oxford-street; that is all he has accounted for—on 21st Jan. he has entered 13s. 9 3/4 d., received of Maslin for seventeen loaves, which has been altered to fifteen in the prisoner's writing, and the amount is altered to 13s. we take it to be, but there is a blot over it—he paid over 13s., but not to me—there are two persons on Saturday to book the bread; I book it, and the young person in the shop books the money—seventeen loaves would come to 13s. 9 3/4 d., fifteen would come to 12s. 2 1/4 d.; no number would make it 13s. 9 1/4 d.; sixteen would make it 13s.—my charge is, that he has failed to account for 9 3/4 d.—the price of the bread was 9 3/4 d.;—on the 23rd he accounts for nine loaves, sold to Maslin for 7s. 8 3/4 d.; that would be right—he had a week's notice to leave, and at the time he left, I said, "Robert, there is a mistake in Mr. Walker's bill;" he went through the books, and found no entry of it—we then went through Mr. Walker's book, and found errors amounting to 4s. 3d.—he was then given into custody, and I had in Mr. Maslin's book, and found more mistakes—nothing was said between me and the prisoner about these three mistakes.
Cross-examined by MR. PAYNE. Q. This matter of Walker's has been explained, has it not? A. No; but Mr. Bell said that four quarterns of the flour were bought of him—the prisoner had to deliver about 340 loaves daily, and the entries have to be made at the place where they are delivered—he is charged with a certain number when he goes out—it is his duty, when he comes home, to bring money, or loaves, or account for them; but I have been so unwell, and had so much trouble to get him up to book, that the rules have not been complied with—he has gone and left it for a day or two before we have been able to balance—if we have discovered a mistake, we do not deduct it from the salary at the end of the week.
COURT. Q. You say you charge him with the number of loaves he takes every time? A. We do—if at the end of the week we find a mistake of 500, and look at the book, and find it out, he is not charged—we have had so much trouble to get him up, and I have had such bad health, that I left it to the young person in the shop to complete the booking, and she is not authorised to balance accounts, with the exception of the boy's—he was to pay over the balance either to me or Emma Clapp, but she do not balance the accounts—all we say to our men is this, "Keep your customers as near even as possible"—we do not want customers to have ten quarterns one day, and fifteen on another—upon an average they do not insist on having more one day than another—we never allowance them to two or three quarterns, when it is five or fifteen; it is when we serve sixty or eighty shops—it is a common occurrence for the customers to say they have not
had so many as they have—a loaf or two is sometimes lost out of the cart—his beat extends as far as Crawford-street one way, and Camden-road Villas the other—he has nobody with him.
MR. RYLAND. Q. You say if there were two or three halfpence you would stop it? A. Either pay it over or deduct it—his wages are 16s. a week, board and other perquisites in the house, but nothing out of the house.
EMMA CLAPP . In January last I was in the service of Mr. Nevill. I never settled up the accounts; it was always left to Mr. Nevill to examine—he sometimes accounted to me for the number of loaves he delivered, and the quantity of money he received—I do not recollect anything particular about 13th Jan.—this book is kept by the prisoner—the other is the one kept by Mr. Nevill and me—I have an entry I made in my own book on 13th Jan. of 6s. 6d—he accounted to me for 6s. 6d. that day—that was the sum I received from him—he accounted on 21st Jan. for 12s. 2 1/4 d. at one time, and 9 3/4 d. after that—13s. was the sum he accounted for on 21st—on the 23rd he paid me 7s. 3 3/4 d.
Cross-examined. Q. Is the prisoner's book there at the time he pays the money? A. Yes, this is my book—we do not put the names of customers—I never took particular notice of the average number of items in a day—I do not know whether there were some hundreds to enter—I should think the largest number of persons he had to deliver to with a cart in a day was about 120—this "Maslin, 6s. 6d.," is not my writing; it was entered afterwards by my master—the 9 3/4 d. was added after the 12s. 2 1/4 d.
JOSEPH MASLIN . I am a dairyman. In the month of Jan. I was a customer of Nevill's—the prisoner was the person delivering the bread to me—I kept a book between me and the prisoner, for him to sign the book every day as he left it—on 13th Jan. I took ten quartern loaves, for which I paid 8s. 3 1/2 d.—on 21st I took seventeen quartern loaves, and paid him 13s. 9 3/4 d.—this is his signature; he signed it in my presence.
Cross-examined. Q. You did not always pay ready money? A. No, but I have since 3rd Jan.—I owed something to Mr. Nevill for bread received, I believe, through a former servant—I am not quite positive without referring to the books (a book was here handed to Mr. Payne)—the prisoner wrote on page 23, "10, paid me 1 1/2 d."—there is an alteration in the 21st from 18 to 17; that was done in my presence.
COURT to EMMA CLAPP. Q. Was the prisoner called Robert? A. Yes—the entries under "Robert" are the sums I received each day—we have a great many private customers, we supply so many weekly—these are sums received from them—we do not enter the names—he mentioned some names as he gave me the money, but I do not now remember what they were—all I took down is the sum—all these sums are in his writing; they would be about 40l., in sums varying from 10s. 6 1/2 d. to 2l. 18s., about thirty or forty different sums, and the same on the 21st; on the 23rd between 50l. and 60l., all in these small sums.
NOT GUILTY .
NOT GUILTY .
LILLEY conducted the Prosecution.
ANN REYNOLDS . I am unmarried—I reside at No. 98, Kingeland-road—the house is, I believe, in St. Leonard's parish, Shoreditch—it belongs to Mr. Thomas Ware, a solicitor, who has offices there—my father is employed to take care of the house—he and his family live on the premises—I was sleeping there on the night of 4th April—my bedroom is on the second floor—there is an empty loft over my bedroom—you go to the loft by a ladder—that loft door was closed quite fast when I went to bed—that ladder is always reared there in the course of the night—I was awaked about 20 minutes past 2 o'clock—I got out of bed, and called my sister—I went into the next room, and in going out of the room made a noise with the door—before that I saw a light, and the trap door was off—when the noise was made with the door the light disappeared—I went to the next room and called my brother and sister, and we all three went down stairs and called "Police!"—the policeman came, went up stairs, came down again, and sprung his rattle—I saw the house fastened up that night in all parts, doors and windows.
Cross-examined by MR. RIBTON. Q. You sleep on the second floor? A. Yes—this loft is on the third floor—there are houses on either side—a person getting in by the trap door must have come from the tope of the next houses—I cannot tell how they could get there—I did not fasten the trap door myself that night—I always look to see that it is fast—did last time my father was out there it was fastened, that was about 12 o'clock—it is fastened on the inside, on the landing—I could see it from the landing—I looked up and saw that it was fastened—I could see at 12 o'clock at night, with a light—there is a pawnbroker next door on one side, and there are four or five houses on the other side—the pawnbroker's is the corner house—we guessed about the time—I went to bed about 12 o'clock—I went to sleep immediately—the light was in the loft—not many minutes elapsed from when I first heard the noise till I called my brother—almost immediately my brother called the police—the policeman was on the other side of the way—it was only a few minutes from when I first heard the sound till the police came—the policeman came up stairs.
MR. LILLEY. Q. Although you cannot say the time, can you say positively that it was before 3 o'clock? A. Yes—No. 96 is occupied now, but it was not then—there is a trap door and a roof door, one on the ceiling and one on the roof; it was the trap door on the landing that I saw open at half past 2 o'clock—I do not know whether the one on the roof was open.
COURT. Q. Any person, to get into the loft, must have got in at the trap door, unless they got through the house—they must have come from the loft into the house? A. Yes—I do not know whether the outer door was fastened—when I went down stairs the street door was closed—there were no windows open, only the trap door—I cannot say whether the outer door was fastened—there is nobody here who can show whether the outer trap door was closed at night.
GEORGE WHITE (policeman, N 352). I was called to Mr. Ware's house, No. 98, Kingsland-road, on the morning of the 5th, at a quarter past 2 o'clock—I went up stairs, and saw the trap door wide open—I did not go on to the roof I immediately came down stairs and sprang my rattle, I then immediately got over the backs of the adjoining houses—I saw the prisoner coming out of the privy of No. 96—that house was not occupied at that time, it is next door but one—the prisoner ran along the yard, entered the house by the back door, and ran along the passage out at the front door—
the back door was open—I followed him into the street, and till I saw him in Meredith's custody—he had no hat or shoes on when he ran—I went back to Mr. Ware's house, and searched it—I did not examine the door that led through the roof—I did not see that, but the inner trap door was quite broken open—I saw several marks of violence on the inner trap door, the bolt was quite broken away from the wood work—I found the things produced close by the trap door—one is made of brass, the other is a screwdriver of sheet iron—I never apprehended a burglar before—the things are used for house-breaking I should suppose—I afterwards examined the privy of No. 96, empty house, and found a hat—I heard the prisoner ask to be allowed to put on his boots, and to wear his hat to the station.
Cross-examined. Q. He did not deny them to be his boots? A. No—I do not know who lives at No. 97; there is some one living in it—before I saw the prisoner in the privy, I examined the loft, the inner trap door, and found there these instruments—I then went down stairs into the front of the street—it was at the back that I saw the prisoner in the privy—I then went into the empty house—the door was open then, we had two or three of our men round the neighbourhood—several people in No. 97 were disturbed by hearing the rattle—I do not recollect whether any went out—I went through the house into the back yard—I had the prisoner prior to that—I came down stairs from No. 98, sprang the rattle, and went to the adjoining house—I went round the loft, I did not make an examination—after I saw the trap door open, I ran down immediately and gave the alarm in the road—alter I sprang the rattle I waited till assistance came—in three or four minutes Eames came to my assistance—I remained in No. 97 till I saw the prisoner come out—I was standing at the corner of the street called Hare-walk—I got to No. 96 by getting over the wall—there are only four houses with Mr. Ware's—No. 99 is a pawnbroker's—in going to spring the rattle I had to go the other way—that would be No. 97 and No. 96—there are five houses—when I got to the rear, I got over the wall of No. 97, a wall about breast high—this policeman was close by—when I got over the wall of No. 97,1 could see into the yard of No. 96, and it was then I saw the prisoner coming out; I accompanied him—I went back into the house, and made the examination, and found these instruments, and the shoes and hat—the hat was in the privy—he said at once that was his hat—I did not examine the roof of No. 96; Eames went upon the roof.
COURT. Q. Can you explain in what way the inner trap door must have been opened? A. I believe it must have been forced open—the bolt being forced back, it would then necessarily open of itself—it was a hinge door—the bolt was wrenched off the inner trap door by prizing it—that was inside the house—the instruments must have been brought inside the loft to break it open—I did not examine the door that opened from the roof.
Q. Are there any bolts which were forced within the house, as distinct from the loft? A. I can only swear to the one from the loft—I did not go on the roof—the trap door between the loft and the house was fastened on the inside, at the top of the landing—that fastening was wrenched; it was forced right out from the wood work—the bolt was forced by violence from the outside—I placed the ladder where the depredation must have been committed by passing through the empty house, and then along the roof—there were several marks on the trap door—there were no marks of any person having been within the inner trap door—there were no instruments brought within the inner trap door.
in the street when the rattle was sprang; in consequence of that I turned round—I was at the end of York-street, in Kingsland-road—that gives a view of the front of the houses, it is the main road—I saw several persons standing in the road—when I heard the rattle sprung, I came up to No. 98—I saw the prisoner Davis come out of No. 96—he had no hat or shoes on—he hallooed, "Police, police!"—he ran along Pearson-street, and I ran after him—he turned into a street where there was no thoroughfare—I followed him, and took him into custody—I asked him what business he had in the house; he said he went there for the purpose of sleeping for the night, that he meant no harm by it—I searched him at the station, and found some Lucifer matches loose in his coat pocket, a knife, and a pocket handkerchief—I did not go to No. 98.
Cross-examined by MR. RIBTON. Q. I think you said there were a number of people in the road? A. Yes; opposite No. 96—that was not above a minute or two after I heard the rattle; it was about 20 minutes past 2 o'clock—I heard the parish clock strike the quarter about five minutes before.
JOHN EAMES (policeman, N 66). On the night between the 4th and the morning of 5th April, between 2 and 3 o'clock, I saw the prisoner come out of the privy of No. 96, Kingsland-road—he went through the empty house, No. 96, and out at the front door—I found a pair of boots, and a pair of shoes in the passage—when he was brought back he said, "They are my boots"—I went to Mr. Ware's house; I went right through from one house to the other—there is a trap door to No. 96, the same as to No. 98; a trap door through the roof—I mean a flap on the ceiling, and a door to go out on to the house—I did not notice the inner trap door of No. 98 sufficiently to say whether it was broken, I went through it; the outer door I did—the hinge was broken off the roof door—the outer door was hung on hinges on the roof.
JURY. Q. What did you notice on the other door? A. Nothing beyond the hinges—it had two hinges swung outside, and a bolt inside—the door was right off when I passed through.
THOMAS MAVERTI (policeman, N 215). The prisoner was brought to the station on the morning of the 5th; after that I went to the empty house, No. 96, Kingsland-road—I got a light and examined the soil in the privy—I found a dark lantern, two gimlets, and this rope (produced)—I did not go to No. 98, Mr. Ware's house, at all—I showed them to the prisoner.
COURT to ANN REYNOLDS. Q. Have you ever been in the loft? A. Yes; I cannot say exactly how long before this night; it may be two or three months—I have not often been there—the roof door was not a very good one, still it was sufficient to fasten—I cannot tell how it was fastened—it would not come open by itself—it opened outwards—it would keep close by its own pressure—there is no one else here who had been in the loft.
COURT to MARY ANN REYNOLDS. Q. Had you been in the loft before this night? A. I went with my sister about three months before, but not since.
COURT to JOHN EAMES. Q. You examined the roof door? A. Yes; it was lying down on the roof—the outer door was off altogether—there had been a bolt inside; that was not broken off—the hinges were broken off——they left one mark upon the wood; it appeared like a recent one—that door could not be seen from any of the outside part of the premises—it
would not be seen without going into the loft, or going on the roof—I did not see any marks from any person—I examined the trap door—I did not examine the door on the roof.
JURY. Q. Did you go into the loft at all? A. I only stood on the ladder and looked in, and turned my light on to see—the bolt was fast, but putting the hinges off would make it fall off; they were two old fashioned hinges—one was pulled off, and the other prized—by removing the hinges, the door would pull out—the bolt was shut as if fastened—it was quite pliable.
(MR. RIBTON submitted that this only amounted to an attempt to commit a burglary, the outer door not being broken, the inner door only being forced, and further that it was necessary that the breaking should precede the entering; the reverse of which was the case. MR. LILLEY contended that the entering the house and breaking the inner door, together constituted a burglary. The COURT having consulted, MR. JUSTICE CRESSWELL considered that there must be an entry of the inner door as well as a breaking, according to both East and Hale, and that it was for the JURY to say whether the prisoner broke the outer door.)
GUILTY of attempting to commit a burglary. Aged 23.— Confined Twelve Months.
MR. METCALFE conducted the Prosecution.
ALFRED GREEN (policeman, 376). On Monday morning, 27th March, I was employed by Messrs. Cleaver, with another policeman, to watch their premises in Earl-street, Blackfriars—they consist of a wharf, shut in with a gate, at night—they are in the iron trade—I was there at 6 o'clock in the morning, or a little before—I saw the witness Bell's pony cart there shortly after 6 o'clock, standing close to the wall—it then crossed over to the Bricklayer's Arms, on the opposite side—Bell was with it—I did not notice anybody else—while standing there a little before 7 o'clock, Thomas came off Cleaver's wharf, St. Ann's wharf, and went to the Bricklayer's Arms; in about a minute after, Palmer and Bell came out of the public house, and went down the wharf with the pony and cart—Thomas followed in about two minutes; he stationed himself at the gateway at the top of the wharf, looking up the street, apparently watching—I kept away—presently the cart came up with Palmer and Bell; I followed it to Hercules-terrrace, Westminster-road—there a labourer assisted Bell in unloading the sash weights—they put them into an empty house—Palmer began placing them in the room on the front floor—after they had unloaded, Palmer and Bell went to a public house—I then went and communicated to Mr. Cleaver what I had seen—we continued to watch the premises—I took Palmer into custody on the Friday morning—I told him I wished to speak to him respecting those sash weights he had put into an unfinished house Mr. Sutton was building—he replied, "Yes"—I said I wished to know where he got them, as I was a police officer—he said he did not know the man's name, nor yet where he lived, but it was somewhere in the neighbourhood of the Blackfriars-road—I asked him what he gave for them; he said 5l. 10s., but he was not a judge of those things—I asked him how long he had them; he said, "Some time"—I conveyed him to the station—I found 304 sash weights; above a ton
weight—I was watching alone the first morning, but after breakfast Gayler was with me.
Cross-examined by MR. LILLEY. Q. You say it was a little before you saw the pony and cart? A. A little after—I noticed Bell with it—when I first saw anybody else was a little before 7 o'clock—I had not known Thomas previous to that morning—I saw Thomas come from the wharf—he went to the Bricklayer's Arms, nearly opposite—he went in by himself; there was nobody with the pony and cart then—he followed the other two out—he was in company, and was close behind, about a yard—he fallowed the cart to the gateway; he was there six, seven, or ten minutes, it might be; I did not look at any clock—he looked up and down the street—I did not see anybody else looking up—the street might be a dozen yards wide there—it is rather narrow in that part of Earl-street; there might be room for more than two vehicles—I was standing at the corner, of Water-lane; that may be twenty yards off; it may be more, I have not measured it; from twenty to thirty yards.
Cross-examined by MR. COOPER. Q. You say you saw the cart come out of the yard at the Bricklayer's Arms; did you look into the cart? A. No—when the cart was unloaded of the sash weights I was twenty or thirty yards off, but I passed two or three times—I went into the house an hour after they were gone—I had an opportunity of judging how much was in the cart, because I looked in it going over Blackfriars-bridge—I suppose the quantity was the same—he said he had had them some time—I asked him what he paid—he said 5l. 10s., and he was not a judge—he did not know the man, nor where he lived—I first saw Palmer that morning when he left the Bricklayer's Arms—I saw him come from the wharf after the sash weights came out—there were plenty of people about the street, the men were going to work—it was an open cart; the sash weights were exposed to public view; I could see them, and count how many there were—they are unfinished houses at Hercules-terrace—two or three workmen assisted in unloading—as far as I could see they were assisted by persons about the premises—that was on the Monday; I took Palmer into custody on the Friday—there was access to this room by going through the other houses—the door was always shut every time I went; I entered by the unfinished houses, by the back yard—there was no difficulty in obtaining access where the sash weights were—I did not notice whether there were places prepared for the sash weights—there were plasterers and bricklayers, but not at this identical part, they were at the other part of the buildings—I have heard that Palmer is a plumber—his business may be connected with sashes.
MR. METCALFE. Q. Your object was to see who came to take away the iron? A. Yes, I and Gayler watched to see who it was.
THOMAS BELL . I am a carman, of No. 4, William-street, Waterloo-road—I let out carts for hire, and always send a man out with them—I know Palmer by sight from his coming to me on Sunday morning, 26th March—he came to know if I could let him have a horse and cart to fetch some sash weights over Blackfriars-bridge—I said I could—he came the following morning—he said if I had not a man his son could drive it—I said we always let a man go—he came about a quarter before 6 o'clock, and I put my pony to, and went with him over Blackfriars-bridge to the wharf—I waited there three quarters of an hour before we went into the wharf after the sash weights, outside the gates, just above, towards the end of the street—Palmer was in the street walking about, he said, while the men went to breakfast—I had been over to have something to drink before—he asked if
I would have something else—I went across to the public house—I was five minutes in the Bricklayer's Arms—Thomas came over, and had some rum with us—I did not see where he came from—I took the pony and cart, and went down into the wharf to load the sash weights—Thomas came out to the gate, and there I saw him when I came out again—Sweeting helped to load, and Palmer, and some other man—as he was behind the stack he handed them to Palmer—I came over Blackfriars-bridge, and took them to some new buildings in Westminster-road, Hercules-buildings, and there we unloaded them into an empty room—Palmer was in the room, stacking them—he paid me as we went along—I had nothing to drink after we came over the bridge—I am sure Sweeting helped to load, because I took the weights out of his hand—I saw Palmer pull out a purse, and give a man something; who stood behind the stack—he turned his back at that time—my charge was half a crown; it was two hours and a half—when Palmer paid me he said, "I shall make about 1l. by the job; I shall lose my other time to-day, I shan't make above 1l. by this job"—when we had completed loading the iron it was about a quarter past 7 o'clock—I could not swear what time exactly it was; we could not be much more than ten minutes on the wharf.
Cross-examined by MR. COOPER. Q. Were the gates open when the iron was stacked? A. When we went down the gates were open—I did not observe any one like a policeman apparently watching them, or when we were unloading—I had not known Palmer before—I had only taken possession of the place on the Saturday as Palmer came after the cart on the Sunday morning, and therefore I did not know any one about the neighbourhood—Palmer went along with me; I made the horse walk fast to see where he did go, because I am a stranger in the neighbourhood.
EDWARD CLEARVER . I and another gentleman occupy this wharf, and carry on business there—the sash weights produced by the police constable, are similar in make to ours—we have lost such from the wharf, with other goods: more than a ton, and about that time—in consequence of my directions, the police were watching the premises—Thomas and Sweeting were both in our employment as labourers, in landing goods, and delivering goods on to carts occasionally—neither of them had authority to sell goods, they would not know the price—customers, when they come to buy, generally come to the counting house—we never send goods without an invoice, I never knew a case—they had been there long enough to know that they had no authority to sell or deliver iron in that way—iron is never sold or delivered at that time in the morning, to my knowledge—the clerk, who has the delivery orders, generally comes at 8 o'clock—very seldom sales are made before that time—if any one sends for goods before that time they should wait for an invoice.
Cross-examined by MR. LILLEY. Q. Thomas has been some time in your employ? A. He has; from 1850—he had been a labourer previous to that, occasionally employed in landing the same kind of goods—we do not term anybody foreman—our clerk sells goods—it is not optional with him at what time he will come, he has a set time, the same as other clerks—8 o'clock is his time—I go to the wharf at various times; sometimes I am there by 6 o'clock, sometimes by 7; generally at a quarter to 9—if I were there by 7 o'clock, and goods were applied for, they would be sold by me—I do not recollect that we had previously made sales at an earlier hour than 8 o'clock—we may have done so—I do not say we have—I cannot say we have not—I may have been there—it is impossible for me to recollect such things.
Cross-examined by MR. PARRY. Q. Who is the man who superintends the labourers on lauding goods? A. Thomas; and providing we sell goods down at the bottom, we should send the men to Thomas to put the goods into the cart, and then Thomas would hare to come and see it property done—connected with him there would be one man on the morning in question—we have another, a warehouseman, and two carmen—we call him a warehouseman because he is in doors, while the others are oat in the open air—the men that Thomas superintends are persons that load and unload the barges—we are dealers in pig iron and castings.
Cross-examined by MR. COOPER. Q. I suppose the course of business you have been describing is only your own course of business, not a customary course of business with the trade? A. Everybody in the same business conducts it on the same principle and in the same way; we may all vary, the same as you may vary from your learned friend in examining me—every one knows the value of the goods when he comes to buy.
MR. METCALFE. Q. I understood you to say Thomas had authority in loading and unloading the barges? A. He took an account of the goods—Thomas would have authority over Sweeting on the wharf in loading a cart—he would have no power to tell him to load goods before the clerk was there—there can be no legal sale without my authority or the authority of the clerk—such a thing never occurs.
NICHOLAS BOROWN . I am clerk to Messrs. Clearer. I did not know anything of the sale of goods to be delivered on the morning of 27th March—I did not authorise it in any way whatever,—I came to the wharf that morning about a quarter past 8 o'clock—I generally come about 8 o'clock or a little after—I stay till 6 o'clock in the evening.
THOMAS BELL re-examined.—COURT. Q. Was your name on the cart? A. No; Ward's name was on the cart, because I only took possession on the Saturday—the address where I carried on the business was on the cart—Ward had carried on the business two years and a half.
COURT to EDWARD CLEAVER. Q. Who had the charge of the premises before the cart arrived in the morning? A. It would devolve on the carman; the gates are shut till they are opened for business—he has the custody of the keys.
JURY. Q. Was it the habit to deliver any goods before eight? A. To our own carts; no other—if goods were sold on the previous day, and a cart came the next day, they would not be able to get them before they got information from the Custom-house—it is not the custom to deliver except to our own carts—such a thing might be done—if you were to buy goods to-day, they would be delivered to-morrow, if you produced an order—I do not think I should find fault if the goods were delivered on the production of vouchers, not if they were previously paid for—the production of the vouchers to me would infer that they were paid for; not to them—the production of the vouchers would not be sufficient for the men to deliver the goods, because only the counting-house would have knowledge whether the goods were paid for or not.
COURT. Q. I want to know whether these men would load a cart on the production of an order; had they authority to load a cart sent, if an order was produced? A. If an order is produced, it is the usual custom to do so, only not at that time in the morning; the usual custom is this, Mr. A. may send for goods with an order; the goods are looked out, and the party who looks out the goods brings the man into the house for the invoice to be made out—he would know the party—the ordinary practice is, a person
comes, vouchers are made out, and then some paper is delivered to the men, on which they load the cart—supposing goods were sold on Monday, the cart might come early on Tuesday, and the men would load it, on the production of an order, and keep it waiting—they have no business to send anything out without an order from the counting-house—if it is pig iron, we send a note down—this is not pig iron—the men would only load a cart upon the authority of a list from us of the goods wanted, or a Custom-house order to us—the man may go to the bottom of the wharf where he knows the goods are—Mr. A.'s man knows where the goods are; he goes to that individual warehouse, and the man would give him the goods, and come to us to have them entered—if he saw an invoice already made out, and that was produced, he would have no occasion to come to the counting-house, unless instructions were given him—if no one is there, and an invoice is produced describing the goods, they should not let them go—they must be entered before they leave the yard.
(The prisoners received good characters.)
STEPHEN THOMAS— GUILTY .
WILLIAM SWEETING— GUILTY .
JOHN PALMER— GUILTY .
Confined Twelve Months.
MR. METCALFE conducted the Prosecution.
ALFRED GREEN . I was watching the premises of Messrs. Cleaver on 30th March. A little before 7 o'clock I saw Thomas come off Messrs. Cleaver's wharf; he went towards Bridge-street—he returned in a few minutes, and Wood followed behind with a pony and cart, and went down the wharf—I saw Wood in Earl-street—I could not see what street he came from—Thomas went down first, and Wood followed with the pony and cart; I followed them, and saw Thomas and Sweeting put something into the cart—I then went on to Blackfriars-bridge, and as I turned to look towards Earl-street, I saw Wood coming with the cart—I followed him over the Bridge—he went at full trot through various streets, and came to Vine-street, York-road; he was about going into the yard of a Mr. Martin, an iron founder, and I stopped him—I asked him where he got the pig iron—he said, "Over the water"—I asked him what he paid for it—he said 30s.—I asked him what the quantity was—he said there was 5 cwt.—I asked him who he paid—he said "A man on the wharf"—I told him I should take him to the station house, which I did—I weighed the iron; it weighed 5 cwt. 37 lbs.—I afterwards saw Mr. Cleaver, and he sent for Thomas to the counting house—that was about 9 o'clock, or a little after—he asked Thomas if he had sent any pig iron away that morning—Thomas said yes, he had sent 5 cwt to Mr. Martin—he asked him whether he paid for it, and where the money was—he said Mr. Martin had not paid for it—he then sent for Sweeting to the counting house, and asked him if he had loaded any pig iron that morning—he said no, only in their own carts—he asked him if he had sent any away in Mr. Martin's cart—he said no, he had not—I then took them both to the station—on Thomas I found 3s. 5d., on Sweeting 3s. 1d., and 9s. 10d. on Wood—Mr. Cleaver asked Thomas what he had done with the money—he said, "I only had 1l. for it"—when I was taking him to the station he said, "I only had 1l. for it"—Mr. Cleaver said, "Where is it?"—he said,
"I give it to my wife"—I went in cab with Thomas and Wood to Guild-hall—I asked Thomas whether that was the man that paid him a sovereign—(me and Thomas were in the cab together)—he said it was—Wood made no reply.
Cross-examined by MR. LILLEY. Q. In what direction did Thomas go when he came out of the wharf? A. Towards Bridge-street; he returned the other way—when Thomas said he had sold the pig iron to Mr. Martin, he made a slight hesitation—I had private clothes on.
Cross-examined by MR. ROBINSON. Q. You say Wood went to the foundry yard of Mr. Martin? A. Yes—I saw the cart; I did not notice the name upon it, for he drove so fast; I had to run as hard as I could to keep up with it—the foundry in Vine-street is half or three quarters of a mile from Bridge-street, the way he went—he went through Stamford-street, Broad-wall, along the Belvidere-road, and then turned up a street, which I do not know, to get to the foundry—I found about 5 cwt. 37 lbs.
EDWARD CLEAVER examined by MR. THOMPSON. Q. Is there not a practice of delivering iron before 7 o'clock in the morning 9 A. When we sell pig iron the usual method is different from any other—when a man applies for iron, we give him a note out of the book, of which we keep a counterpart—the man who loaded the iron returned with the counterpart—it is to see that it was all right—there is no entry here to the effect of any iron having been sold on the morning of 31st March; that is the reason why I asked Thomas if he had sold any—the price of the iron at that time was 6s. per cwt, 6l. per ton—the men in the yard have no authority to deliver iron—we never sold pig iron without entering it in the book.
MR. ROBINSON. Q. You know Martin? A. I do—he is a regular customer—I believe he is a respectable man—he live* at Vine-street—he had been a customer two or three years.
MR. LILLEY. Q. So Thomas was in the position of superintendent of the other workmen? A. He was merely foreman, if we may so term it—to make it more specific, we will say foreman of the labourers landing goods—he has no control over any one—I do not depute the authority to him to control anybody—he is employed by us to give us an account of the cargoes he and others land, that is his duty; and occasionally, when customers come into the yard, he fills the cart, and with pig iron more particularly—as foreman he would not have control or authority over any One from me—what he might use, I cannot say.
JURY. Q. We understood from the policeman that you asked him the question, when you called him into the counting house, whether he sold the pig iron, and he said, "Yes?" A. At first he denied it, and then he admitted it—I said, "Did he pay you for it?"—I had a previous knowledge that he had sold it—if he had said he had paid him, and had handed the money, I should not have been satisfied.
MR. THOMPSON. Q. If any iron had been sold to Martin, would the regular course of business be pursued, and the iron entered? A. Precisely So—I see on March 30th there is five cwt of iron—that is not by Thomas; it is by the clerk—when 5 cwt is received it is not customary to give over 37 lbs.
NICHOLAS BROWN examined by MR. THOMPSON. I am clerk to the prosecutor—I usually go to the office about 8 o'clock, or ten minutes past, in the morning—I Sid not issue any orders for iron that morning to Mr. Martin, or on the previous day—I never received any payment on account of it—on 21st March I went to the office at a quarter past 8 o'clock (Mr. Martin
was frequently a customer)—some of these entries are in my writing—the two on April 6th are.
MR. ROBINSON. Q. Just explain what took place on the second occasion. A. The man came into the counting house, and said, "I want 5 cwt. Of pig iron"—I make the entry, and give him the counterpart, and sometimes he goes to the bottom of the yard with the order, and frequently I go myself with him—he pays for it, and I give him a receipt—he pays for it at the time, before the iron leaves the yard—I cannot recollect who came on that occasion.
JAMES MARTIN . I carry on my business at the foundry, in Vine-street—Wood has been in my service about three years—he nag always been very honest to me—on this morning, about 5 minutes before 7 o'clock, I sent him for 5 cwt of iron—I sent for it at that time because I wanted it before breakfast, to melt it—I send for it as I want it, sometimes early and sometimes late—he paid 1l. in gold, and half a sovereign in gold, and 2d. for toll—I cannot say exactly when I sent him—it was in the morning part of the day—I believe the police came and took it away—he did not let it come down the yard—I did not hear of it till I wanted to know what became of the cart—it was my cart—my name was upon it.
MR. THOMPSON. Q. I suppose you always receive an invoice when you send for iron? A. Yes—when I sent for 5 cwt I never, to my knowledge, got so much over as 37 lbs.—I hardly ever weigh it, not one time in fifty—I should not expect so much—I do not doubt Mr. Cleaver—I have sent for iron to his place dozens of times.
JURY. Q. Had you ever, on previous occasions, sent for iron before 8 o'clock in the morning? A. I cannot say I did—I sent all hours in the day, as I wanted it—I do not know that I sent for it so early—I did not send a written order—my man received the iron at the wharf—he was taken into custody—I had one bill the day before, that he brought—at that time I did not have a receipt.
COURT to ALFRED GREEN. Q. You found no invoice upon him? A. No.
COURT. to JAMES MARTIN. Q. Had you been in the habit of sending Wood before? A. Yes, dozens of times, and he always brought an invoice and receipt.
STEPHEN THOMAS— GUILTY . Aged 30.
WILLIAM SWEETING— GUILTY . Aged 33.
Confined Twelve Months.
JOSEPH WOOD— GUILTY . Aged 27.— Confined Nine Months.
PLEADED GUILTY . Aged 26.— Confined Six Months.
OLD COURT.—Friday, May 12th, 1854.
PRESENT—Mr. Baron PLATT; Mr. Ald. KELLY; Mr. Ald. CUBITT; and RUSSELL GURNEY, Esq.
Before Mr. Boron Platt and the First Jury.
MR. LILLEY conducted the Prosecution, MR. RIBTON the Defence.
GUILTY .—Aged 43. Confined Two Years.
Before Mr. Baron Platt and the Second Jury.
MR. RIBTON conducted the Prosecution.
WILLIAM GEORGE KINDRED BREVINGTON . I am a former, residing at Sutton, in the parish of Heston. I rent the Vicarage farm at Heston—about 1 o'clock in the morning of 17th April I was disturbed from my sleep, went to my farm, and found that the whole of the barns and stacks were on fire—there was a very large quantity of straw, wheat, oats, hay, and other things—the sheds were also burnt, containing the whole of the machinery—the premises were all in a blaze; there was an immense light—the fire was not out for a week or ten days, but it was got under about 6 o'clock in the morning—the sheds were burnt down, and property destroyed to the value of 1,2002. at least—a very large barn was burnt down, and a lot of sheds adjoining—they were obliged to pull down the sheds at the back of the cottage where May lives or it would have been all burnt, and the stack yard in front of the cottage as well—I know nothing of the prisoner; he is a perfect stranger to me.
ELIZABETH MAY . I am the wife of Jonathan May, Mr. Brevington's bailiff I live on the farm at Heston—on Sunday evening, 16th April, between 7 and 8 o'clock, I saw the prisoner on the premises, standing against the bare, talking to an Irishwoman that lodged there—he asked her where did the master live, and where was the foreman—she directed him to Mr. Brevington's house—I asked him who he wanted, and told him if he wanted anything, if he came to me I would give him information—he said he wanted a night's lodging—I said, "We are not allowed to let any one sleep on the premises, and if you take leave you are liable to be taken up"—he said he did not care a d—about the policeman, and turning round to me he said, "And you can't tell how soon you may want a night's lodging yourself; you are born, but you are not buried; you won't five for ever"—I was very much alarmed at his manner; he held up his hand in a threatening manner, and told me not to forget what he had been saying—his manner made me think he meant something more than he said, and I was alone on the place at the time—he went away threatening me, as far as I could see him, with the same words, "You wont live for ever; don't forget what I say, you may want a night's lodging yourself, and you cannot tell how soon—he kept repeating those words as far as I could see him, and then I heard some one say to him, "Come on," and I lost sight of him—about half past 11 o'clock that night we were awoke by a policeman telling us that the premises were on fire—the barn was burning; the stack of straw and the wood stack was all in flames, and were ail burnt down—between five and six o'clock next morning I saw the prisoner coming from the direction he had gone in on the Sunday evening; he was just going past the gate—Mr. Brevington lives about a quarter of a mile from the place.
Prisoner. I want to know what threatening language I made use of to her—I certainly told her that she would not live for ever; and that she was born but not buried—I am innocent of the fire, and never saw it Witness: Being alone on the premises his manner made me feel very much afraid, otherwise I might not have noticed it—he turned round, and spoke in a rage with his hand lifted up.
GEORGE BYDEN (policeman, T 59). About 6 o'clock on Monday morning; 17th April, I saw the prisoner just by the farm gate, in the main road, some thirty or forty yards from the buildings that were on fire—I asked him
where he slept last night—he commenced trembling and seemed very agitated, put his finger over his shoulder in the direction he had just come, and said, "Just above there in an open wagon"—I told him I understood he had been down to the farm, and been threatening and abusing the foreman's wife—he replied that he had done so, but that he was drunk at the time—he then said he would not be guilty of a fire—the fire was net quite out at that time—I said, "I did not say anything to you about a fire;" he said, "I know you did not, but I would not do it"—the fire was no secret at that time, the soldiers were out from Hounslow barracks, and "fire" was being halloed all over the neighbourhood—I had my uniform on, he knew that I was a policeman—I asked him if he knew there had been a fire—he said he did not—I asked if he heard any one call "fire"—he said no—I asked if he did not hear persons calling "fire" and cunning past, and about the neighbourhood—he said he heard persons running past him every ten minutes, or every five minutes during the night, but did not look out to see what they were running for—the sergeant came up shortly after and searched him in the road in my presence, he found on him 3d., three short pipes, a congreve match and a fusee—I took him into custody, and took him to the station—on 29th April, I took him to Brentford for re-examination—when. we were turning out of Stamford-street into the Waterloo-road he sew a man lighting a fusee—he said, "That is the sort of thing you found in my pocket, is it not?"—I said, "Yes, it is"—he said if he had known it had been in hit pocket, it was very likely I should not have found it there—his clothes were very dirty on the morning in question—I asked him what made him tremble so—he said his clothes were wet, and that made him cold—he said they were wet by means of his lying in a wagon, that had had grains in, it—his clothes were not wet.
ANN BYDEN . I am the wife of George Byden. On Sunday night, 16th April, I saw the fire at Mr. Brevington's—I left it at half past 2 o'clock in the morning; it was then burning very brightly—as I wag going to cross the field to go home, I saw the prisoner standing in the field, looking at the fire, he was 200 or 300 yards from the premises—there was no one with him, I am sure he is the man—he was a perfect stranger to me; there were a great many persons at the fire, but he was, standing some distance away from the crowd, looking on; I saw no one on the road but him.
Prisoner. If you saw me at the fire at that time in the morning; why not tell the Magistrate of it when you heard me examined on 22nd April?
Witness. I was not there on 22nd, I was there on the 29th; I was passing through Brentford on that day and saw the prisoner coming out of the court, and I knew him again directly, and told the policeman—I did not know at that time, that he was charged with setting fire to the place—I had gone to Brentford shopping, and happened to see him—he was dressed as the man was, but he was dirtier when I saw him at the fire—he had on. the same tort of dress, a dark coat and dirty looking trowsers.
GEORGE CHAMBERLAIN . I am foreman to Mr. Newman, of Heston; our premises are very near Mr. Brevington's. I recollect the night of the fire—there was a wagon on the premises, it had been put away in the shed on the Friday morning—I examined it the morning after the fire—it was dry, and it was quite dry and clean when it was put away on the Friday morning; there is a tail ladder to it—it stood in a shed in the rick yard—
that was the only wagon there at that time—it had been loaded with grains on the Thursday, but had been unloaded and cleaned.
COURT. Q. Did you see anybody in the wagon? A. No; there was no mark as if anybody had laid down in it with dirty clothes—I did not see the prisoner that night, I never saw him before last Saturday—the wagon was about 480 yards from the fire—the high road runs by the place, and by Mr. Brevtngton's place too—you can go through a gate and across the field to Mr. Brevington's; you have to cross two fields, one, of them in called' the Summerhouse field—there is a footpath across.
ANN BYDEN re-examined. I know, Mr. Newman's premises, I do not know whether the field the prisoner was standing in belongs to Mr. Newman; it is near his premises, his stackyard is opposite the field—the prisoner was between the fire and the stackyard there is a hedge parting them; he was nearer to Mr. Newman's than to the fire—he was standing in the footpath of the Summerhouse field; the fire was raging very much, and there was plenty of height to see him—there was not light enough to distinguish the colour of his coat, it was a dark coat—I call the coat he has on now a dark coat.
Prisoner's Defence. I know nothing at all about the fire; I never saw this woman, and I do not believe she saw me, for I was never there at all; I never got out of the wagon from a quarter past 7 o'clock in the evening, when I laid down in it, till I got out of it at half past 5 o'clock in the morning; the reason I was so black and dirty was, because I had been sweeping for five days.
COURT to ELIZABETH MAY. Q. When the prisoner left your master's premises, which way did he go? A. Towards Mr. Newman's field; if he went and slept in the wagon that would be the way he would go—I was at the fire, I did not see him there.
COURT to GEORGE BYDEN. Q. When the prisoner pointed over his shoulder to show the direction he had come from, did he point towards Mr. Newman's place? A. Yes.
NOT GUILTY .
NEW COURT—Friday, May 12th, 1854.
PRESENT—Mr. RECORDER; THOMAS QUESTED FINNIS, Ald.; Sir ROBERT WALTER CARDEN, Ald.; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Fifth Jury.
MR. PAYNE conducted the Prosecution.
THOMAS GASACOYNE . I keep the Wheatsheaf public house, in St. Pancras-road—it is my dwelling house, and is in the perish of St. Pancras. On Saturday night, 2nd April, I shut up my house at 12 o'clock—I went to bed at 1 o'clock, or a little before—there was a window, which was afterwards found open; that window was closed when I went to bed, and the shutters were fastened—I was awoke about half past 9 o'clock—I let the policeman in, and went into the parlor—I found the window down, and the fastening of the shutter broken off—that window opens to the back yard—that would enable any person to get in—I missed six bottles of spirits; three of them are here; and they are mine—they were safe
when I went to bed about 1 o'clock—I missed some cheroots, and some biscuits were on the floor, scattered about—three bottles of rum were missing, and three bottles of gin.
Cross-examined by MR. HORRY. Q. Had you a pot full of halfpence? A. No; I had about five shillings in the bar, and that was left—I missed two handkerchiefs, besides the cheroots, and spirits, and biscuits—I saw the place where the entry was made—I cannot say whether there were the marks of one or more persons.
JAMES BROOKS (policeman, S 334). On Sunday morning, 23rd April, I was on duty in St. Pancras-walk, about twenty minutes past 2 o'clock—I saw the two prisoners walking together, and I saw the necks of four bottles—each of the prisoners had two bottles, one on each side, in their pockets—I stopped Perry, and Wiggins got away; I had known Wiggins before for years—when I stopped Perry, I found on him two bottles; at that time they were in his pockets; and just before he got to the station, he said, "You may as well have the other one, or I shall let it drop," and he gave me the other bottle from under his jacket—I asked what he had got there; he said gin, and he bought it at a house in Keppel-row, ten minutes ago—I took him to the station, and found on him some cheroots, some lucifer matches, and some biscuits—the other two bottles that he had were full of rum—Wiggins was the man who was with Perry.
Cross-examined by MR. HORRY. Q. Where were the bottles visible? A. In his pockets, one on each side; they were outside—I could just see the necks of the bottles—I am quite sure he said he bought these at a house in Kepple-row—I do not know Keppel-row—I am quite sure he said he bought it at a house in Keppel-row—I did not search the prosecutor's house.
Cross-examined by MR. SLEIGH. Q. This was in the middle of the night? A. It was twenty minutes past 2 o'clock—I was within a yard of them when the other person ran away—I was about twelve yards from them at first—I made up to Perry, and the other made off—I was about a yard from Wiggins when he made off—I had heard some footsteps coming behind me, I stood still, and turned and saw the two prisoners coming—I caught Perry, and the other man made off.
MR. PAYNE. Q. How far were they from the Wheatsheaf? A. About thirty yards when I first saw them.
THOMAS ALLUM (policeman, S 320). I was at the station when Perry was brought in, and in consequence of seeing "T. Gascoyne" on the bottles, I went to the Wheatsheaf immediately—I found some persons had been over a wall about eight feet high—the morter was all broken down—I saw the parlour window, which had the appearance of having been opened by something being put through the catch, and I found the shutters were open—I called up the landlord, and when he admitted me I found the window had been forced open, the hasp was hanging loose—in consequence of information, I apprehended Wiggins about a quarter before twelve o'clock on the following Tuesday night—I said, "Now, George, I want you"—he said, "All right, what do you want me for?"—I said, "I will tell you when I get round the corner,—before I got round the corner he said, "Oh, I know what you want I me for; it is that b—y job at the Wheatsheaf"—I said, "If you know what it is I need not tell you; it is that"—he resisted very much, and laid down, and swore most dreadfully—he was drunk, but he could walk.
Cross-examined by MR. SLEIGH. Q. You have known him for some time, and knew him to be a bad character? A. Yes.
MARY ANN STEVENS . I am no relation of the prisoner Wiggins—I do not remember this robbery, but last Saturday night fortnight I saw Wiggins, about half past 12 o'clock, or rather more—he was at the corner of St. Pancras-walk, with a brother of mine—my brother works with my father, who is a general dealer—I work at a laundry—at half past 12 o'clock my brother was with Wiggins, and I spoke to my brother—I was behind Wiggins, and I saw he went to his mother's door—I live in St. Pancras-court—he went to his mother's door a very few minutes after he spoke to my brother—my brother was not with him when he went to his mother's door—I was not with him—I was behind him—I saw him go into the house where he lived, and a quarter of an hour afterwards I was talking to a person in St. Pancras-walk, and I did not see him come out again—my brother is William Stevens—he is not here.
JOHN WIGGINS . I am a bricklayer by trade. The prisoner John Wiggins lives with me—he is my son—I remember the time he was taken—it was on the Tuesday night before the Fast day—I remember his coming home on the Saturday night before that—he came home at a quarter before 12 o'clock—a quarter before 1, I mean—it was full a quarter before 1—I do not think it was so late—that was the latest of it—I am certain it was between 12 and 1 o'clock when he came home—he did not go out again that night—I sleep in the lower room—there are only two rooms in my cottage, one room down and one up—I sleep down stairs—my son sleeps up stairs—to get in the room where he sleeps he is obliged to pass through the room where I sleep—there is no partition—I sleep close against the street door—I saw my son go up stairs, and he could not have got out without coming through my room—he always pulls his shoes off and goes up stairs without them—he did not go out again that night.
Cross-examined by MR. PAYNJE. Q. Has your son always lived at home and slept at home? A. Ever since he came out of the country—he had lived down at Boxmoor—he had been sleeping for the last three weeks at my house—I do not know a young woman named Quinland living in Chenies-street—upon my oath my son had not been living with that young woman and sleeping there for three weeks before he was taken he never slept out of my house one night since he came out of the country—the last work I did was a job for Mrs. Litten, of Church-hill, a laundress: setting a copper—I believe my son is nineteen—he was down in the country nine months—he came out of the country about six weeks ago, and he has not slept out of the house one night till he was apprehended—I do not know Quinland at all—I and my wife slept in the house that eight, down stairs—my wife is here—I suppose I went to bed that night between 9 and 10 o'clock—I do not sleep particularly sound—I sleep near the door, so that I may open it when my son comes home, that I may know what time he comes in—he was with some of his fellow labourers that night, he was not with Perry—my son always slept regularly at home before he went to Boxmoor, except one time, when he got into a little bit of trouble—that is about two years ago—he was away then, but I never troubled about it because I knew he was not at home—he was away six months—unfortunately he was in prison—I had nothing for supper that night—I very seldom have any supper—I had my tea when I had done work, about five o'clock—I cannot say what time I went to bed, I, suppose it was between 9 and 10 o'clock—I awoke up to let my son in—I always let him in—my wife was in bed, she might be asleep for what I know—I had had tea and bread and butter, for tea that night; or what I bought for, tea
—whether it was mixed I cannot tell—I had nothing at all from 5 o'clock, when I had my tea and bread and butter, till the next morning—I was pretty well awake all that night, a very little thing wakes me—my son's brother slept with him—his brother is not here—I was not at the police Court—I was there one day, but the Magistrate would commit him—I did not hear Perry explain to his mother how it happened—I did not see him speak to his mother—I saw his mother there, outside the door—I got up that Sunday morning about 9 o'clock—I stopped at home and smoked my pipe after breakfast—I did not go out all day—my son get up and had his breakfast with me—I sent him for the newspaper, and he eat at home and read it to me—no Miss Quinland called on me that day, nor any woman—I was outside the police court every day—I went in once, but the Magistrate would commit him.
COURT. Q. Do you say the prisoner's brother is here? A. I rather think he is, and my wife too; his brother was not here when I came.
(The prisoner's brother appeared, but was not examined.)
MARY WIGGINS . I am the prisoner's mother. I remember the day he was taken into custody; it was on Tuesday fortnight—I remember the Saturday night previous to that—I and my husband sleep in the bottom room—my son sleeps in the room up stairs—he is obliged to go through the room in which I and my husband sleep, and he always takes off his shoes—I remember the time he came home on that Saturday night—I was a bed; my husband was up—I was not exactly in bed; I was going to feed—it was about half past 12 o'clock when my son came home—I do mot allow him to be out late—if he is late I scold him, and that made me look at the clock—he pulled off his shoes, and took a light, and went up stairs to bed—I can positively swear he did not go out till 10 o'clock the next morning—I did not lie awake all night, but if a pin were to drop it would wake me—I have very bad health, and a little thing wakes me.
PERRY— GUILTY .
WIGGINS— GUILTY .
(The prisoners were further charged with having been before convicted.)
JAMES ABRAHAM (policeman, S 296). I produce a certificate of Wiggins's conviction—(Read—Convicted at Clerkenwell, May, 1862, on his own confession, of stealing lead, and confined six months)—I was present—he is the person.
(Perry received a good character.)
PEERY— Confined Twelve Months.
WIGGINS— Four Years Penal Servitude.
(The COURT committed John Wiggins for contempt, hut afterwards dis-charged him.)
654. JOHN OWEN , burglary in the dwelling-house of Jemima Watts, and stealing 1 cream jug, and other articles, value 2l. 5s.; the goods of Jonathan Tabor: and 1 shawl, and other articles, 13s.; the goods of Martha Alexander.
MARTHA ALEXANDER . I am servant to Mrs. Watts, who lives in Claremont-square, Clerkenwell. I went to bed between 11 and 12 o'clock on the night of 2nd May; I was the last person up—I fastened the back door about ten minutes before I went to bed—that back door leads to a yard behind, and a garden—I slept in the front kitchen—I was awoke between
1 and 2 o'clock—I saw a light, and a man standing at the dresser—I do not know what light he had—I saw him take something off the dresser—he then passed out of the front kitchen to the back kitchen—I then jumped out of bed, and went up stairs, and as I went by the back kitchen I saw him in there—directly I got up I gate an alarm; I went into the bedroom and awoke my mistress, and went to Mr. Tabor's bedroom and awoke him—the policeman came—I have since seen a box and some clothes—that box was kept in the front kitchen, by my bed—I bad some money in the front kitchen when I went to bed—it was on the table or in my box, I could not say which—I missed my box and it contents the next morning, directly I care down stairs—it was found in the back kitchen—this umbrella and pair of boots were found in the garden; I had seen them the night before—I had put the boots in the passage at the bottom of the stairs, and the umbrella was in the stand in the passage—they belonged to Mr. Tabor—I am able to say that the prisoner is the man; I have not any doubt of it—I did not move till he got into the back kitchen; I then got up, and went up stairs.
Prisoner. When I was in the police court you said you could not sweat to me. Witness. You asked if I saw you in the kitchen—I did not see your face in the front kitchen, but as I passed to go up stairs I saw your face in the back kitchen, and the light—you were at my box—I did not see your face in the front kitchen.
COURT Q. Now look at him again; are you able to say whether it was him or not? A. Yes, I am quite sure—I saw him again in about five minutes afterwards, when he was taken and brought hack to the house—I am sure he was the sand man that I saw the back kitchen, because I saw his face.
Prisoner. Did you not say you could not say whether you shut the kitchen door? A. No, I said I did shut it—the policeman haft not told me to swear to you.
JAMES CLARK (policeman, A 444). I was called to No. 30, Claremont-square, about half-past 1 o'clock that morning—I went down, to the back kitchen, and when I got to the bottom step I heard some one rush out of the back kitchen into the garden—I followed immediately, and when I got in the back yard I saw a man getting over a wall leading to the adjoining premises; he had something on his arms—I followed him, and caught him as he was getting over another wall, which would have led him to an adjoining street—I asked him how he came here—he said, "I am here, and that is plenty"—I said, "What are you doing here?—he said, "I only came here for a night's steep"—I found a pair of boots inside the first wall that he got over, and an umbrella and a coat in the adjoining yard, into which the prisoner got—the coat and umbrella were given up—I found this silver milk jug in the coat pocket—I found this chisel in the adjoining yard, where I found the coat—this trunk was in the back kitchen when I went in; it had been broken open at the hasp—there are marks en the trunk, which correspond with the chisel which I found—I searched the prisoner, and found on him 2s. 6d. in silver, 3s. in coppers, and a piece of a Lucifer—some lucifers, and a piece of a candle were found by the trunk in the back kitchen.
JEMIMA WATTS . I rent the house No. 30, Claremont-square; it is my dwelling-house, and is in the parish of St. James, Clerkenwell—this milk pot belongs to Mr. Tabor, my son-in-law—it always hung on the dresser.
which were left in the hall—I received them from the policeman the next morning—this is my cream jug.
COURT to JAMES CLARK. Q. How did the person get in the house? A. He most have got in by the lobby door—the servant is not positive that she fastened that door—the kitchen door she is positive she fastened—the lobby door was open when I got there, and the kitchen door also.
Prisoner's Defence, I was coming along about half-past 1 o'clock; there was a low wall, and another young man, who was with me, threw my hat ever there; I went after my hat, and during the time I got over, the burglary was committed; I got over in the presence of three or four men outside.
GUILTY . Aged 24.—(The prisoner was further charged with having been before convicted.)
JAMES COOMBS (police sergeant, Z 10). I produce a certificate of the prisoner's former conviction—(Read: James Welch, Convicted at this Court Jan. 1850, of burglary; confined one year)—I was present, the prisoner is the person.
GUILTY**. Five Years Penal Servitude.
WILLIAM RATCLIFFE . I keep the Alsop House public house, at the corner of Upper Gloucester-street, New-road, in the parish of St. Marylebone. On Saturday night, 29th April, I was the last person up, the house was all fastened up—I went into all the rooms about twenty minutes or half past 12 o'clock, I saw them all perfectly safe—I went into the back drawing room—the window was shut—it was not fastened but closed—there was a flower stand in front of one window, and the windows were down—about 20 minutes past 4 o'clock, I was rung up by the policeman; I went in to the back drawing room, I found the window open, and three boxes of cigars, and a great coat of mine lying against the window on the floor—my coat had been, on the night before, on the back of a chair at the further side of the same room, and the boxes of cigars had been on the flower stand, against another window in that room—I came down and found the back door open which led into the yard—it had been opened from the inside—any one getting in by the drawing room window could come down and open that door—I went into the bar, and found one of the tills had been forced open, and the drawers had all been opened—we missed about 7s. in money—I think four or five shillings, three 4d. pieces, and two sixpences—we always leave the same amount in the till—after we came back from the station, I found three halfpence on the floor; the till had been locked, and the key taken up stairs—the drawing room window opens to a balcony over the back yard—any one could get to that balcony; if they came along a wall from a mews, they would have no difficulty in getting on—there are some wooden rails on the top of the wall—en active man no doubt could get over them, though they are rather high, and then walk along the wall—I lost some screws of tobacco which had been in a drawer in the bar—I missed all the cheroots there were—hey were rather curious, and were wrapped in a piece of paper in the bar parlour—I have seen them since—they were amongst those which were found on the prisoner.
lire is at the back of Mr. Ratcliffe's. I was coming out of my house on that Sunday morning at a quarter past 4 o'clock, to fetch some water—I saw the prisoner getting down from the rails at the back of the premises—I have since shown those rails to Mr. Ratcliffe—a person on those rails could get to Mr. Ratcliffe's balcony very easily by going along the wall that the rails are on—when the prisoner was coming down from the rails I spoke to him, and asked what business he had there—he asked me what business it was to me—he drew a few paces back, and he turned round and asked me if I was going back—I said no, I thought he was a thief, and I would not leave him—he put his hand in his breast and said, "I will give you something:" but he pulled nothing out—lie then went to Gloucester-street, and turned to the left; and when he got opposite Mr. Ratcliffe's, he pulled out a handkerchief and some cigars, and 1 saw him throw them down in the kennel opposite Mr. Ratcliffe's—he then ran sway—I ran after him—he ran to the second lamp post, about fifty yards, and there he threw away a crowbar and some more cigars—he still ran on to Dorset-square—I still ran, and kept calling, "Stop thief!" the policeman came across the square, and took him—I had never lost sight of him—I was within fifteen yards of him the whole time—we took him back to Gloucester-street; we found this instrument before we got there—I believe the words the prisoner used to me were, "I will pay you the first opportunity."
Prisoner. Q. You are a fishmonger, and keep a coffee stall? A. Yes; I am not aware that you came to my stall that morning—I do not recollect giving you the handkerchief with the cigars in it.
JAMES TURNAGE (policeman, D 187). I was on duty that Sunday morning, in the New-road; I saw Ford pursuing the prisoner in Upper Gloucester-street—I saw the prisoner drop this crowbar on the opposite side of the way to Mr. Ratcliffe's; I took it up—I afterwards alarmed Mr. Ratcliffe; I saw two cigars lie on the pavement—I did not pick them up—I went in the public house and found some of the drawers had been opened, and two tills had been opened—I compared this crowbar "with some marks just by the side of the till, and it fitted—I picked up a piece of candle which had been lighted—I trod on it as I came down stairs.
JOHN WAKE (policeman, D 168). I was in Harewood-square on the morning of the 30th April—I heard a call, and I looked into Dorset-square, I saw the prisoner running, and Ford following him—I pursued the prisoner to Milton-street, and I called, "Stop thief!"—the prisoner stopped, and I went to him and secured him—I drew my staff, and said if he offered to run away I would knock him down—he asked me what I stopped him for—I told him to stop and see—Ford came up, I should think he was from fifteen to twenty yards from him when I captured the prisoner—in taking him back I found two cigars on the pavement, one in Milton-street, and one in Dorset-square—I found a sixpence on the ground in Upper Gloucester-street—the prisoner said, "That is mine"—I went back to Mr. Ratcliffe, and took the prisoner to the station—as we went there I saw he was in the act of throwing something out of his pocket, and I saw he had some cigars in his pocket—I took him to the station, and found on him thirty-nine cigars—thirty screws of tobacco, twenty-five penny pieces, forty-three halfpence, and fifteen farthings; a knife, two keys, and a piece of steel stay busk—these are the cigars—they have been at the station ever since.
WILLIAM ANSTEAD (police-sergeant, D 21). I saw the prisoner in custody that morning; I followed him to the station, and was present when he was searched—the account given by the last witness is correct—I then went
to Mr. Ratcliffe's, and in the street opposite his house I found eighty-nine cigars, and some cheroots strewed about in the kennel—that was near 5 o'clock—there were two other constables in the street, but no other persons.
ROBERT DOBLE (policeman, D 128). I went to Mr. Ratcliffe's house, and saw the bar examined—I went afterwards into the back drawing room, and found the window open—this coat was near the window, and I found three boxes of cigars there—I went on the leads of No. 1, Upper Gloucester-street; they communicate with Mr. Ratcliffe's house—I found on the leads this box which was open, and about fifty cigars in it, and on the leads were about twenty cigars.
WILLIAM RATCLIFFE re-examined. This is my coat—I know these cigars these cheroots are peculiar; they have a straw through them, which is rather peculiar in the present day—you draw the straw out when you smoke them—these are the same sort that I lost.
(William Madden, the gaoler at Marylebone Police Court, stated that the prisoner had been very violent towards himself and the witness Ford, and had threatened to do for him, if he got out.)
GUILTY .— Five Years Penal Servitude.
(The COURT ordered Ford a reward of two guineas.)
MR. CAARTEN conducted the Prosecution.
ROBERT PAVEY . I live at No. 3, Bishop's-court, Old Bailey. I am a journeyman shoemaker—on Saturday night, 15th April, I was in Newgate-market near upon 9 o'clock—there were many people there—I had at that time a purse in my waistcoat pocket—it contained eleven shillings, two half crowns, and a sixpence—I had seen the purse two minutes before, as I came out of my own door, which is but a short distance from the market—as I was walking through the market, the prisoner was coming in front of me coming towards me, and in passing he put his fingers into my pocket and drew out my purse—I saw him do that, and I was trying to get hold of him as fast as I could through the crowd—I caught him a few steps from where I was when he took the puree—it was at the corner of a turning—he turned the corner, and I caught hold of him—I never lost sight of him—when I took him, I asked for my property—he said, "What do you mean?"—I said, "What you have taken from my pocket; my purse and my money"—he said, "You villain, what do you mean by charging me with robbing you?"—I said, "Certainly I do; you have got it about you now"—he said, "I have got nothing of yours; you let me go; fetch a policeman, and search me"—I told him "No," it was not likely that I should do that—a policeman came up after about two minutes; he asked me what was the matter—I told him that the party had robbed me of my purse, and I gave him into custody—as we were proceeding to the station, the beadle of the market said, "Give him room, and watch his hands; the money will be dropped, no doubt;" and I saw the prisoner put his left hand to his right side pocket, he drew out his hand, pulled out a purse, and dropped it down—I spoke to the policeman, and picked it up—it was my purse, and it had the money in it when it was examined at the police court—when I picked it up, the policeman took it from my hand.
Cross-examined by MR. PAYNE. Q. Who do you work for? A. For a party in Houndsditch—the last work I took in was on Wednesday—I live at No. 3, Bishop's-court—my family are there, but not my wife—I am not
living with another woman—I have a housekeeper—I have three boys, who sleep with me—the woman does not pass as my wife, to my knowledge—I never heard her name such a word—my wife lives in St. George's parish, in the Borough—my sons are aged thirteen, eleven, and nine—I did not send one of my sons to Newgate, to see the prisoner.
Q. On your oath, did you not send one of them to say he was the cousin of the prisoner, and to see if he had got any friends that would do anything for him? A. I never said such a thing; I swear I did not say I had sent my son to see the prisoner, to see if he had got any friends that would do anything for him; certainly not—I did not say to any one that the boy returned and said he had not—I did not, in the presence of the father, and mother, and servant maid of the prisoner, say so—I did not say so in presence of Mr. Abraham Koffman—I never did it—I know the prisoner's mother by her coining to my house—I went to the father's house—when I went there one day, there was a young person there—I have not been to the father's house half a dozen times; not so many as five—I did not lay to the mother, A. "I don't wish to hurt him at all; if I had time I would go away from London, but I can't go without money"—she wished me to leave for the sake of her husband—they wished me to leave the country—I said, "Is it likely I can leave my family for the sake of your son, after robbing me?"—I did not say there was 1l. 16s. 6d. in the purse; I said there was 16s. 6d.—I was not told that I had said before the Magistrate there was only 16s. 6d., nor did I say, "I will lay a wager that I said 1l. 16s. 6d. and that money was in it"—I did not tell the mother and father that I had 1l. 16s. 6d. in it—I did not say I wanted 6l., and if I got 6l. I would go into Wales—I told them it would cost me 6l. to take me into my own country, into Wales—I did not say at the father's house, in presence of his father and mother, those things which you have mentioned to me, about the 1l. 16s. 6d., and going into Wales; I did not say I wanted it—I said it would cost me 6l. to go into Wales—I did not say I would wager a half sovereign that it was said in the depositions that there was 1l. 16s. 6d. in the puree—I did not send a person to the prisoner's father last Monday to say that I would take 4l., and go away.
Q. Did you not on that same day go yourself to the prisoner's house intoxicated, and say that you were willing to go away, and not appear, but you could not do so without money? A. I have been there twice, but not last Monday, to my knowledge—I should not like to say whether I did—it might be last Monday; I will not say without I perfectly knew—I do not know—I came to the Court on Monday—I do not think I went there the same day that I came to the Court—I stayed here till the Court broke up—I went home and went to work—I was at the Court on Tuesday—on Wednesday I went home with my work, before the Court was open, and I met with the prisoner's father, who detained me in a room in a public house—I do not know where the public house was—I do not know the name of the street; if the policeman goes with me, I have not the least doubt I can point out the house—it was on the right hand side of the way in White-chapel—on my oath, I did not there take 3l., and say I would have no more to do with it—it was pushed towards me, but I would not take it—I came out of the public house when they thought proper to let me out—the prisoner's father and another man put the money on the table—3l. was put on the table; there might be more—I refused to take it—when I was in the public house I tried to get out, and kicked at the door; the landlord was as bad as them, he would not let me out—I went to take home work at
9 o'clock on Wednesday morning—I met the prisoner's father in Whitechapel-road—I work for a person at the end of Houndsditch—I went to Whitechapel-road on business, to buy what I wanted for my use; for grindery, such as hemp, and other things—I met the prisoner's father; he spoke to me, and asked if I would go with him—I had my brother with me—that is the brother that robbed me, that I went down to Windsor about yesterday, and could not attend here—the prisoner's father asked me who that party was—I said, "A friend of mine"—he said, "Let him go"—I said, "I don't suppose you know who he is; he is my brother"—he said, "Tell him to stay, and not to follow us; I want to speak to you"—he took me to the public house—I do not know what time it was when we got there to a few minutes—I left Mr. Wall's, where I work, about a quarter past 9 o'clock—I do not know how long I stayed at the public house, some considerable time—it might be three hours—when I left the public house, I came by here, but it was too late; this office was closed when I came back—I do not know what I was doing with myself from a quarter past 9 till 5 o'clock in the afternoon—it might be more than three hours; I do not know how long it was—there was a dinner got—I do not know who was present at the dinner, there were several—I told them I would get out, but the key was turned upon me—the key was not turned on me all day long—we dined down stairs, in the same room I had been in all day—the landlord came into the room—when he came in, and left, the door was locked again—I hardly know what we had for dinner; there was some sort of soup brought in, but what I do not know—I drank ale.
Q. Did not you get the money and did not like to come here? A. I did come here; the policeman did not come for me—I left London to go to Windsor yesterday, about half past 12 o'clock—the party had broken open my boxes, and taken my things in the house where I live, and my housekeeper's—the money was laid down on the table many times in the day.
MR. CAARTEN. Q. This happened on Saturday evening, and you went before the Magistrate on the Monday following? A. Yes; I do not know when was the first time that I saw any of the prisoner's friends after that; it was as much as a week after, I think—the first time two ladies came—I was not at home—I saw the prisoner's mother the next day—that was quite as much as a week after I was before the Magistrate—I had not made any communication to the mother, or any of the prisoner's friends between the time that this happened and my seeing the mother—she asked me whether I wanted work, and I said I had not had any lately—she said she could recommend me to plenty, if I would call at her house—I went, but it was all nothing—I went the following day, I saw the mother and daughter—I did not know what they sent for me for—I went on account of work—they first came to me when I was not at home, and they left word at my house if I wanted work to call there—I went on the next day to them—when I first went to the door the mother began crying, and said, "I suppose you know who I am?"—I said, "No, certainly not"—she said, "I am the mother of the child that picked your pocket"—I said I was not aware of it—I said, "Did not you leave word about some work?"—she said, "O, yes," and if I would come they would see what they could do—they were acquainted with some persons who were great manufacturers—nothing more passed, only that I was not to speak much against her son—I said I should say no more than I had said, no more nor less—she came again to my house—I do not know how many times she has been—she was there
about every other day—I saw her nearly every time—I do not think it was above twice when I was out of the way—nothing took place on her visits, but begging me not to say any more than I could help—I said I could say no more than I had, and I was compelled to speak the same again—I went for work to the prisoner's house, because she told me her friends were great manufacturers, and they could get me work—it was on a recommendation from them—they said they had friends—I saw the prisoner's father, the mother, a young woman, and a young man—the young man asked me if I would leave—I said I could not leave my family, and my business—they did not offer me any money, they offered to send me to Norwich, they had people there that they knew—I refused to go—it was last Wednesday they offered me the money—I met the prisoner's father that day—I did not meet him by appointment—we went to a public house, and during that day money was produced by more than one or two, but parties I did not know—I think it was the parlour I was taken into—I do not know who were there—they were foreigners all, so was the publican—the publican came in, the money was produced so soon as I got in—they began to show the money and rattle it about; and if I was willing to be confined there till after the trial was over, they did not care what they gave me; they would give me any money, if I would be confined there; if I would stay there till after the session was over—I said, "No, that was impossible, I could not do it;" there might be three or four there; I knew none of them, but the old gentleman, the father—the landlord was there, he said he would hold any money, and see the money paid if I would stay the time.
COURT. Q. Who got the money at last; was it handed to the landlord? A. I do not know whether it was one of the parties, or whether the old gentleman had it—I have taken nothing of money, nothing more than drink that they forced upon me.
JOHN STAINES (City policeman, 702). I remember the prisoner being given into my custody in Newgate market, on the night of the 15th April, by the last witness—I proceeded to take him to the station; whilst we were going along, I observed the prisoner put his left hand across his breast—I said, "What are you doing?"—he dropped his hand, and the prosecutor said, "He has dropped it;" and he took this purse up, and gave it to me—I did not see him pick this up, I was on the other side of the prisoner—I saw the prosecutor stoop, and when he picked it up he gave it to me—at the station I asked the prisoner his address, and he gave, "No. 15, St. John's-place, Commercial-road East"—I went there, and could not find any such person living there.
Cross-examined. Q. You took a watch from him? A. Yes, I have ascertained that it had been purchased by him—here is the invoice; it had been bought two days previous.
MR. PAYNE. Q. Did you not search the prisoner in the presence of a great number of persons before the policeman came up? A. Certainly not.
MR. PAYNE called the following witnesses for the Defence.
NANCY ISAACS . I am the prisoner's mother. I remember his being in custody, and charged with taking this purse; I knew it from the paper—I went and fetched the deposition for my son for 1s. 6d.—I went to the prosecutor's door with a neighbor—I knocked at the door to know how he
came to say that my son came to rob him—he was not at home—I saw his son, but did not see him—Mrs. Jacobs, a young woman, a neighbor of mine, of No. 9, Castle-street, was with me—I left word when Mr. Pavey came home, to call on me in the morning; I wished to see Mr. Pavey—my young woman said, "I think he can get work by this; we are not sure"—the next morning, Friday morning, Mr. Pavey called at my house, about 10 o'clock—I was gone to market, to fetch my marketing—no one was in but my daughter—an hour afterwards he came back, about 11 o'clock—my house is No. 15, New Castle-place, Whitechapel; we have lived there fifteen years—when I came home I found Mr. Pavey in my house; I clapped my hands together, and said, "Good God! how did my son come to rob you?"—I took him up stairs, and showed him the lasts and tools that my son worked with—he said, "Don't cry, don't fret, my mind is made up to go away from London if I am satisfied"—he told me he had sent his son to the prison to see Jacob Isaacs, and to say he was a relation of his, but they would not admit him—I said, "What did you want him for?"—he said, "To see if he had got any friends that would do anything for him"—I told him I was very poor; I had not a shilling in my possession—he said this on the same morning—there was not any one else there—my daughter is seventeen years old—he said he would come in the evening, and he came in the evening; there were two gentlemen in the room, Abraham Koffman and Louis or Morris Rothschild; and he said, "When Mrs. Isaacs satisfies me, I will go from London"—Mr. Koffman said, "What was in the purse?"—the prosecutor said, "1l. 6s. 6d."—I am sure he said that; Mr. Koffman can prove it—he is not here, he is on business—Mr. Koffman said, "I will lay you a wager that in the deposition it is 16s. 6d.;" and Mr. Pavey said, "I will bet you half a sovereign it is 1l. 16s. 6d"—Mr. Koffman said, "This is a poor woman; she has not got a shilling to help herself"—I told him I would try what I could do, and I would let him know next Sunday—this was on the Friday following the Saturday on which my son was taken—on the Sunday following I went to Mr. Pavey; I told him it was not possible for me to get together the money that he wished—he said, "I shall let you know on Tuesday what I can take"—on the Tuesday night following he came to my house—my servant was there; her name is Mary—she was there on the Friday when Mr. Koffman and Mr. Rothschild were there—on the Tuesday night Mr. Pavey told me he wanted all he could have, and he could not take less than 6l. to go to Wales—I and my husband were there, and my servant girl was outside; she heard it—last Monday evening, 8th May, Mr. Pavey came to our house, but a gentleman had been before—I did not tell Mr. Pavey that a gentleman had been before—Mr. Pavey was so drunk he could not stand on his legs—that was last Monday, when the Sessions were over—he said, "Don't let me come any more to this place, make up what you can."
Cross-examined by MR. CAARTEEN. Q. What was the first day you went to Pavey's house? A. It was on Thursday night, after I had the deposition—there is only my family live at No. 15, Newcastle-place—the prisoner lived with me, but he worked for a master six months; he was living with me on 16th April—I do not know John's-place, Commercial-road East—my son said that because he did not like to frighten me—I went to get a set of depositions—my other son went three days before—he told me he must give notice, and then I had it on Thursday—on Thursday I went to Mr. Pavey to ask him how my son had robbed him, because my son had gone to New-gate market to keep an appointment with some young woman—I was told
my son was in custody—when he was taken several persons came and told me—I heard of my son being taken the first day it appeared in the paper—my son brought the paper—I went to Mr. Pavey to ask him how my son came to rob him—I cannot read, my son read the depositions to me—I had heard the statement how my son came to rob him; I could hardly believe it—I wished to know the truth—I had seen my son before I went to Mr. Pavey's on the Thursday morning, in Newgate—when I went to Mr. Pavey's the young woman said there might be work—I went to Mr. Pavey to know how it was—I did not say I was the mother of the person who robbed him, I did not like to say so—I had no work for him—when he came the next day, the Friday, my daughter was there—she is seventeen—she is not here—I did not know that I wanted her—when Mr. Pavey came, I clasped my hands, and said, "Good God! how did my son come to rob you?"—my son had denied it, and said he had never done such a thing—I did not say it was a false charge—I said, "It lies between you; I can't tell whether it is true or not"—I heard my son was charged with robbery from the newspaper, three days before I fetched the depositions—I can and do swear that I did not know my son was in custody till I heard it from the newspaper—two or three told me, but I did not believe it—he was taken on the Saturday, and one of my children came to my house, and I said I did not believe it—I do not know whether it was Sunday or Monday that I first heard my son was in custody—I first heard it for sure from my son bringing the newspaper—I did not know for sure that my son was in custody before I heard it from the newspaper—I have five sons—the prisoner's brother is living with me—his brother told me of it first, when he read it from the paper, and he said he heard it before—he believed it far more than I did—his brother might be at the station on the night when he was taken into custody—he would not tell me to frighten me—he told me that he had seen his brother at the station—it was 10 o'clock.
Q. On the Sunday morning, did you not see your son in custody? A. I did—I had forgotten that—I did not take coffee and refreshment to him—I was at the station house on Sunday morning—I had forgot it—Mr. Pavey told me he had sent his son to the prison to see Isaacs, and they would not admit him—he told me that on Friday, when I showed him his tools—no one was present—on another day Koffman and Rothschild were present—Koffman is not here—Rothschild is not here, he is out on business; he is a traveler—the young woman, Mary was—she was at that time down stairs in the parlour—at the time Koffman said, "I will lay you a wager it was only 16s. 6d." and Pavey said it was 1l.16s. let, only those two gentlemen were present—the girl was outside, I think.
MR. PAYNE. Q. On one occasion your daughter was present, when was that? A. On Friday morning, when Mr. Pavey came first—I was out—my daughter was present when he came and found me there—my daughter is not here—I did not bring her, because I do not think she would be able to speak.
MARY MACAULEY . I live as servant with Mrs. Isaacs—I came to her this day seven weeks—I remember Mr. Pavey coming there to her house—he was there last Tuesday week, and wanted 6l.—he said he could not get away from his place without 6l.—he wanted to go out of the country—he wanted 6l. to go in the country, he could not get away without 6l.; and he was to go out of the country after getting that 6l.
Cross-examined. Q. What day was this? A. Last Tuesday week—the two eldest daughters were present, and Mr. and Mrs. Isaacs and I was present
—I was doing my business in the parlour till he came in, and I stood listening when he came in—he said he could not go to Wales without 6l.—that was the first money he wanted.
COURT. Q. Did they ask him to go? A. I do not recollect—I cannot swear that they did not.
ISAAC JACOBS . The prisoner is my son. He is called Jacob Isaacs, after my father—it is common in our community for the son to bear a different name to his father—my name is Isaacs; my father's name was Jacobs; my son's name is Jacob Isaacs—that is a common thing amongst the Jews—I was present with my wife when a conversation took place between Mr. Pavey and her—this day fortnight, when I came home from business, I saw Mr. Pavey for the first time—when I came home my wife was crying—I heard Mr. Pavey say there was 1l. 16s. 6d. in the purse, and he wanted to lay 10s. with my other son that it was so—Mr. Koffman said in the deposition there was 16s. 6d. and Mr. Pavey offered to bet 10s. to half a crown that it was 1l. 16s. 6d.—I heard him say if he had the money he would go out of the country, to Wales—I heard him say that he would go into Wales if he could get 6l.—I paid him 3l. in the White Hart, in Leman-street.
COURT. Q. Are you aware, when you say you gave him 3l. to forego the prosecution, that you were committing a crime? A. No.
MR. PAYNE. Q. Did you believe your son was guilty when you gave it him? A. Well, I did—I did not believe that my son had stolen the purse, only he worried me so much—he told me so often that he wanted it—I did not believe that my son had done it; I believed he had not—to raise the 3l. that I gave him, my boy pawned everything that was in the house—I gave the money because he begged so much of me—I gave him the money to get away from London—these are the pawn tickets (producing them)—they pawned everything.
COURT. Q. When was it you gave him the money? A. On Wednesday morning, at 10 o'clock.
MR. PAYNE. Q. Did you stay at the public house? A. Yes; we had dinner there—lie asked me if I could play at cards, and then he asked me if I could play at skittles—we had two pints of ale—I did not lock him in—we went out at 4 o'clock to tea—he was not obliged to stay and dine—he could go away when he liked.
Cross-examined. Q. When was it the conversation took place in which Koffman and Rothschild were present? A. On the Friday evening—I saw the prosecutor between the Friday evening and the Wednesday morning—I saw him three or four times in my house—the last time I saw him was on Wednesday morning—on Tuesday I saw him in this Court—on Wednesday morning I saw him in Whitechapel; I met him by accident—I had not appointed to meet him on Wednesday morning—I paid him the 3l. in gold—they were all sovereigns—they were not the produce of those things that were pawned; they were pawned for 2l. 10s., and I put 10s. to it of my own.
Q. Did you not just tell me that you paid him three sovereigns? A. Yes; 2l. 10s. was raised by the pawning—I do not know in what coin that was—my wife brought it home; she gave me two golden sovereigns, and one sovereign I took in Newgate-street, of Mr. Harris—I gave the sovereign I got from Mr. Harris with the other two sovereigns—I had this money in my pocket on Wednesday morning—my wife gave it me to save; she told me he would call at my house that morning—she did not say at what hour—I did not expect him to call, though my wife had given me the
money to pay him—my wife told me he would call on the following morning—I left the house because it was time to go to the Court, at half past 9 o'clock; I did not expect he would come—I was not surprised to meet him; what for should I be surprised?—we went in the back parlour at the White Hart—there was nobody there but Rothschild; he is not here—he saw me pay the money—I put it on the table, and Pavey took it op, and put it in his pocket—I saw the landlord in the bar; he did not hear what was said—we told him there was a wager laid about 3l.—we did not tell him what for—the landlord did not see it paid.
COURT. Q. Why did you tell the landlord it was a wager? A. I proposed to leave it in his hands till the trial was over, but Mr. Pavey would not take it unless I gave it him.
MR. CAARTEN. Q. How soon after you got in, did you give the money? A. Directly; I laid the money on the table, and the prosecutor took it up, and he took his summons and tore it in a thousand pieces—I saw the paper which he tore—he showed it me—I could not read it—after the money was paid we played a game at bagatelle—Rothschild was then gone—he knew what the 3l. was paid for—he knew the business, and he left after the payment of the money—we remained in that house till 4 o'clock—after dinner we went up stairs and played bagatelle—we remained till 4 o'clock—we remained in that room by ourselves, no one else was there—the wash was in the room where we were, and they were obliged to move the wash—we had two or three pints of ale till 1 o'clock, and we left at 4 o'clock, and went in our neighbourhood and had some more at Carter's—I am a cap maker—I have worked for shops these twenty years—I work for different shops—Mr. Marks, and Sheffield in the Highway, and others.
MR. PAYNE. Q. Ton paid the money about 10 o'clock? A. Yes; it was first proposed to let it remain in the landlord's hands till the trial was over—the prosecutor remained willingly with me till dinner time—I could not keep him—there was nothing to prevent his going out instead of going up stairs to play at bagatelle—it was his pleasure to go to my house and have tea, and then we went to Mr. Carter's and had some ale, and remained till half past 7 o'clock.
JURY. Q. Was he locked in the parlour at all? A. No; he went in the yard several times.
MR. PAYNE. Q. You say that 2l. 10s. was got by the duplicates; how did you get the 3l.? A. I took 1l. of Mr. Harris for two dozen caps.
COURT. to JOHN STAINES. Q. When the prosecutor lifted up his hand with the purse, and said, "He has dropped the purse," did you take it? A. Yes; the prisoner made no remark—he was in a crowd at die time I had him—he heard the prosecutor say, "Here it is"—he must have heard it—he said nothing.
GUILTY . Aged 20.—He received a good character.— Confined Twelve Months.
THIRD COURT.—Friday, May 12th, 1854
PRESENT—Sir ROBERT CARDEN, Knt; Mr. Ald. CUBITT
Mr. Ald. ROSE; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Eighth Jury.
MESSERS. BALLANTINE and ROBINSON conducted the Prosecution.
THOMAS WINN . I reside at Thompson's Cottage, Poplar; I am a mast and blockmaker, in the present service of Messrs. Dunbar. I had been previously in the service of Mr. Mayer, the shipbuilder—I know the defendant, he was in Mr. Mayer's employ as chief draughtsman, and is so now as far as I can tell—about four months ago I lent him a book of prices worked for by the majority of the trade—I had only applied to him for it once before to my knowledge, that was four or five days before 11th April; his answer was, "Send your foreman and you shall have your book, and I feel very much obliged to you for the loan of it," referring to my late foreman—on 11th April, hearing that the defendant was on board the Addington, which was lying in the East India Docks, I went to the vessel and ascended the ladder reaching from the quay or wharf of the dock to the vessel, and when I had got my head sufficiently over the deck I could not see Mr. Waterman; and while I was hesitating whether I should go on board to see if he was down in the hold, or whether I should go ashore again, Mr. Waterman lifted his head up, he having had occasion to point out some work to a man named Miller, and was hid from my sight—when I saw him, I descended the short ladder from the bulwark to the deck, and waited till he was disengaged, when he came to me—he spoke to me first, and in the most pointed manner said, "What do you do here?"—I said, "I want my book, if you please"—his answer to that was, "Go on shore, go on shore," in the most peremptory manner—I did not offer to go on shore, and he called to his assistant, a person named Miller, who I before mentioned—he said, "Miller, put this man on shore;" Miller said, to the best of my belief, "The main is quite capable of walking on shore himself"—the defendant then twice ordered him to go and fetch a policeman, and he left the vessel—while this conversation was taking place, the defendant was standing on an elevated position, two feet high; on a piece of timber, perhaps not more than six feet from where I was standing, perhaps not quite so far as you are from me—when Miller had left, the defendant began to apply very abusive epithets to me; I can really assure the Court that I am not able to give the exact language—he called me a b—r, and damn his eyes, if he would not do something to me, and all that sort of disgusting language; I had a pretty good share of it—my answer to that was, "It seems to be your object, Sir, to frighten people, but you will not intimidate me"—with that he became more excited, and made a spring at me from the piece of timber he was standing on, and aimed a blow at some part of my face, with his clenched fist, I believe; but I partly warded it off—his fist touched me by the mouth sufficient to draw blood, and that was all—he then sprang back and seized at a caulker's mallet, which is a piece of lignum vitae about twelve inches in length, and two inches or two inches and a half in diameter, with two thick iron ferules at each end of the head—it was in a man's hand; the man held it very tightly, and he was unable to obtain it, and sprang to another which was rove through the ring of the caulking box, and not being able to extricate it, he seized this adze (produced), which was lying alongside on the deck—I believe he made a blow at the lower part of my person; I cannot speak to that positively, but I know he had it in this form (holding it at arms length over his head)—he then made a second blow in this manner (describing it)—I believe he aimed at my head, but while he was holding it up, I sprang forward to seize some part of the
handle, or his person; I cannot say what part, but just as the adze was in the act of coming down, he was seized violently by the waist by the witness Coombe, who drew him violently back, and from my seizing the handle it swung round like that, and struck me below the knee—the result was that it drew blood, and laid me by from my employment spine two or three days—when he had done that he swooned away on Coombe's knee—he appeared in a state of very great excitement and passion—I had not said or done the least thing to provoke him in any way—I have not said all that passed, but all that I should like to be on my oath of—I went ashore and so did the defendant, a few minutes afterwards—when he came ashore he looked at me, and, to the best of my belief, made use of some of his former bad language—there was a stage round the vessel where some of the riveters were at work, and there being a similar hammer to this (produced), the handle of which was lying over the stage in this form, he made a spring at it, but being unsuccessful he did so again, and when he had got it he held it over his head, and said, "Now, you b—r," and he said he would beat my b—y brains out—I believe the hammer was coming down, and I should have got it on my head if I had not sprung back—two officers came up, and he said to one of them who was remonstrating with him on the impropriety of using such weapons, "If you do not stand back I. will serve you in the same way;" and he said to me, "If I had a loaded pistol, I should think no more of shooting your b—y brains out than that," heaving the gravel up with his feet.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. I believe at this time you were not in Mr. Mayer's employ? A. I was not, I had left it two or three weeks previously—Mr. Waterman is Mr. Mayer's draughtsman and architect of the ships—his office is from 100 to 200 yards from where the Addington was lying—when I previously asked him for the book it was at his office; I left it there with him, but I believe he gave it into the custody of his foreman, Mr. Greenyard, who acted on the works in the building, about the same distance off as was the Addington, only in another direction, not in the East India Docks, but in Mr. Mayer's ship-yard.
Q. Perhaps you may not recollect it, but did the defendant, Mr. Water-man, tell you to go to Kennedy for the book? A. I recollect Mr. Kennedy's name being used, but I do not distinctly recollect what it was connected with—I believe that was on board the vessel—Mr. Kennedy is in Mr. Mayer's office, I cannot define his province; he is in another department of the same building as Mr. Waterman was at—I cannot give you the least idea of how many men were at work on board the Addington at this time—to the best of my belief the Addington is not a vessel which Mr. Mayer had built, but one which he was altering, belonging to the Peninsular and Oriental Company—this matter all occurred in the lapse of a very short time; I should not think it exceeded twenty or twenty-five minutes from the time I went into the East India Docks to the time I came out—the vessel was lying alongside the wharf, so that anybody could go on board—I ascended by a ladder—this occurred on the deck—I was not there more than ten minutes or a quarter of an hour; I cannot say positively—he told me to leave the vessel twice—I believe I said I would not go—I believe I said, "If you give me my property I will leave the vessel"—I cannot answer the question distinctly at what time he mentioned Mr. Kennedy's name—perhaps I was agitated—I had trowsers on; I have not got them here to show the effect produced on them—I felt a braise—I could not go to my work for two or three days; my leg was sore, and ached; I believe the bone
was injured; I felt my leg stiff—I am a mast and block maker, a working man—I am moderately strong—I work with an instrument like this—before it was held up in this way there was a blow struck, I believe, at the lower part of my person—I believe I have mentioned before to-day that that was my belief; it is all a matter of belief—I have been between three and four years in Mr. Mayer's employ—it was Mr. Waterman's duty to superintend the repairs in the building of the vessel—I am told that there are something like 3,000 or 4,000 men on Mr. Mayer's premises altogether; they are liable to fluctuation—we all go to be paid on Saturday night, but the premises are so contrived that you can scarcely see a twelfth of the men at one time—they do not all come to be paid at one office—Mr. Waterman is not the general superintendent of the whole, only of that part relating to the ship building—the men begin work at 6 o'clock in the morning—the day's work is over at 6 o'clock at night, but sometimes we work over hours.
MR. BALLANTINE. Q. I believe you are with Mr. Dunbar now? A. Yes.
WATSON COOMBE . I am a caulker, in the service of Mr. Tindal, and live at Poplar. I was at work on the Addington, on 11th April, in Mr. Mayer's employment—we are situated so that we work for anybody now and then—I recollect Mr. Winn coming on board the Addington on 11th April, and asking Mr. Waterman for a book—Mr. Waterman said, "Go ashore"—Mr. Winn said, "If you will give me my book I will go ashore"—after that Mr. Waterman was standing on an elevated bit of wood, above Mr. Winn, and he jumped down, and said, "If it was not for making a blackguard of myself I would knock your b—y brains out"—after that Mr. Winn said, "Give me my book, I will go ashore again"—Mr. Waterman said to Mr. Miller, "Go for a policeman, and take this man ashore;" and Mr. Miller went away directly, over the side, and after that the defendant turned to my mate, who was working on one side, and made a snatch to get his mallet out of his hand, but he held it tight, and he then turned to get my mallet—I kept it away from him—he then took up an adze, which was lying on the gunwale of the boat, and swung it this way (over his head), and then he had it in the act of coming down on Winn's head, who was in front of him, and the words he made use of were, "I will cut the b—r down"—I catched him by the arm, put my left arm round his waist, and by the jerk of my arm the adze fell on Mr. Winn's knee—I laid the prisoner on my knee, and he shed tears a bit, and then went off into a fainting state—(the axe went round, and fell just below his knee)—he remained in that state two or three minutes—when he came to, I said, "What a pity it is, Sir, that you let your temper overtake you in this manner; some of these days you will do somebody an injury, and you will be hung for it"—he said, "Let me go," and of course I let him go, and he looked over the side, and saw Mr. Winn standing there—he got up, ran down the ladder, swearing and blaspheming most awfully—there is a stage there, where the riveters were riveting the side of the ship; a hammer laid on the stage, and he made a grab at it, and said, "I will knock the b—r's brains out;" but the officer stopped him, and I believe he dropped the hammer—after the dock officer had got hold of him he said, "I wish I had a pistol, I would think no more of blowing your b—y brains out than I would of that," and he kicked the dust in front of him.
Cross-examined. Q. Were there two policemen present? A. Two dock officers; Mr. Dougal and Mr. Smith, I think—they are here—the defendant was on my knee for two or three minutes—this happened about five minutes to 9 o'clock, as near as I can say—I had began work a little after 6 o'clock
in the morning—I have not been frequently employed by Mr. Mayer as a caulker—I had not worked for him for three yean—I knew Mr. Waterman by being in and out of the yard; he has been shown to me—I cannot say what time he came to the vessel to superintend; it was after we had had our breakfast on board; that was about half past 8 or twenty minutes to 9 o'clock—there were a great quantity of men and boys too, at work on board—I suppose the work was being done rapidly in order to get the vessel ready for sea, but I am very little judge of anybody's work but my own—I did not notice "No person admitted except on business" affixed to the vessel, but it generally is on all vessels lying in the docks.
PETER SMITH . I am an officer of the East India Docks. I am not a sworn officer—I was near the Addington when Mr. Winn and Mr. Water-man were there—I saw a mob of people collected round—I went up, which I thought it was my duty to do, and saw Mr. Waterman with a hammer in his hand, in this way, and he said to Winn, "If you do not mind I will knock your b—y brains out"—he said to me, "Stand away, or I will knock your brains out as soon as I will his"—I asked the prosecutor if he had any business in the docks, and he told me that he came to see Mr. Waterman; I told him that if he wanted to see Mr. Waterman, he had better apply another way, and not create a disturbance in the docks—I did not hear what had happened on board the vessel—I did not take hold of him, nor did anybody that I am aware of—there might be sixty or eighty people collected around—the defendant said that if he had a pistol, he should no more mind blowing Winn's brains out than he should laying the hammer down.
Cross-examined. Q. Did he lay the hammer down when he said that? A. Yes, he laid the hammer down on the stage—some of the crowd were workmen; they seemed to consist of working people—the crowd was not above thirty or forty yards from where I was stationed; I saw it, and went up and interposed—I advised Mr. Winn to go out of the docks, and if he wanted revenge to apply for a summons—I have never seen a notice on the vessel since I have been there of "Nobody admitted except on business," but I never went on board—it depends on circumstances whether persons who are not engaged, are allowed on board when a vessel is repairing—Mr. Winn said he had business, he wanted to see Mr. Waterman—I did not hear him say that—I do not wear a police dress—Miller did not come to me; he went out to fetch one of the Metropolitan police.
MR. BALLANTINE. Q. You had known Waterman? A. Yes; I had seen him at the docks.
CHARLES JOSEPH TOMKINS . I am a surgeon. The prosecutor left a message at my house, and I went next day and examined his leg—the skin was abraded at one part, and there was an effusion of blood under the skin at another; it appeared to me that there had been a slight effusion of blood—he remained in, two or three days in consequence, but I had no occasion to attend him—there was no serious injury done.
Cross-examined. Q. How long have you been in the profession? A. I have been in practice nine years—I saw him the day after the blow, about 5 o'clock in the afternoon—I did nothing to it, for if there had been a wound there it was dry at the time—I have been regularly educated as a surgeon—I did not make such a close examination of this blow as I should have if I had known what would happen about it—I can say that I saw the cuticle rubbed up, and from the state of the part I should say that there had been a slight oozing—it was what is called an abrasion of the cuticle—we have
two expressions, the cuticle and the cutis; this was an ordinary abrasion of the cuticle—if the cuticle is abraded the true skin is exposed—the cuticle is the scarf skin; the next skin to that is the true skin, the cutis—all there was, was an abrasion of the cuticle so as to expose the true skin to view—next to the cutis is the flesh, the cellular tissue; in fact the true skin consists of cellular fibres—I know what the cellular membrane is—there is cellular tissue under the cutis—there may or may not be cellular tissue under the cutis; cellular tissue pervades almost every part of the body—cellular membrane is not an expression we commonly make use of; I know what cellular membrane is, it is a thin tissue—I did not see what you call the cellular membrane, not if you mean that structure which lies beneath the true skin—there was an abrasion of the cuticle only; there was no damage to the cutis, it was simply exposed.
MR. BALLANTINE. Q. We will drop the cuticle and cutis at present, and talk about what we understand. What do you call the skin of a man? the outer covering of the flesh, I suppose? A. Yes; if blood comes from any part of the body, that indicates that the cuticle has been penetrated—but it depends on the sense you attach to the word "penetrated"—blood comes from the true skin, and not from the cuticle, which is insensible—unless the cutis had been penetrated, there could not have been blood.
GUILTY. on the 3rd Count. — Confined Three Months.
PLEADED GUILTY .* Aged 25.— Confined Six Months.
PLEADED GUILTY . Aged 47.— Confined Three Months.
THOMAS TOWNSEND (policeman). On 3rd May, I was on duty on Tower-hill, in plain clothes—there were ten or twenty people round a party who was selling things—I saw the prisoner, who I knew by sight, standing before a gentleman—he put his right hand into the gentleman's pocket, pulled his handkerchief out, and put it into his left hand—I took him, and he dropped it from his left hand; he resisted very much—I took him to the station—the gentleman gave the name of Robert Youlton; he is not here; he is a captain, and his ship was going on the following Friday, so he was not bound over.
Prisoner's Defence. This man came and pulled me out of the mob, and said he had a suspicion of my picking a gentleman's pocket; he never saw me make anything away, if he did why did he search me?
GUILTY on 2nd Count.
(The prisoner was further charged with having been before convicted.)
FRANCIS KELLY (policeman). I produce a certificate—(Read: John Newman, Convicted at Clerkenwell, Sept., 1853, of stealing a purse from the person—Confined Six Months.)—I was present—the prisoner is the person—he came out some time in March.
GUILTY. Aged 17.— Confined Twelve Months.
MR. BALLANTINE conducted the Prosecution.
PHILIP ISAACS . I am a chair maker, of No. 84, Curtain-road, Shoreditch. On 21st Dec. the prisoner, who I had known previously, came to my premises, and told me he had a large quantity of walnut wood for sale, at Isleworth—I went there with him, and he showed me some walnut wood, in Mr. Chitty's yard there, and told me he would sell me some of it—I selected three loads, which I was to give 15l. a load for, and on the receipt of them, to give him a bill of four months; I was not to give him the bill before I received it—on 2nd Dec, he came again to me in the Curtain-road, and told me he had just come from Isleworth, and that the wood was loaded on the wagon—I was on the way to my house—he said it would make no difference to me, and would be an accommodation to him, if I would accept the bill—he produced a bill stamp, bat I do not think the bill was drawn—I accepted it, but not in blank, it was drawn then—if I had not believed the wood to be on its way, and had been carted, I should not have accepted it—I have never got the timber—the bill is due, but I have not paid it.
Cross-examined by MR. DUNCAN. Q. How long have; you known him? A. About two years—he is a chair manufacturer in Old-street—I had not stated the quantity of walnut wood I wanted to purchase, before I went to Isleworth with him—we went there about 2 o'clock, and then went together to Mr. Chitty's premises; I did not see Mr. Chitty; I saw him afterwards during the day—I agreed to purchase three loads, at 15l. per load—he showed me the wood, and I selected out of it, and said I would give him a bill at four months, on the receipt of it—I believe he proposed three months, and I said "No; four months"—I will not swear it—there was nobody else present—a load of wood is 600 cubic feet—it was in plank—after that, I went with the defendant to a public house; the Chequers—we got there about half past 3 o'clock, and stopped some time—I will swear it was not half past 8 o'clock before we left, but I did not take notice whether it was past 8—I saw Mr. Chitty there; he was in conversation with the defendant and me—we met him on the road, but did not speak to him—I did not know him at that time—he stayed with us at the Chequers—I and the defendant went away and left him there—we drank some porter or ale; I did not drink much, I was very ill at the time—I can undertake to say I did not keep continually drinking with Westrop and Chitty all the time I was there—there were not fifteen quarts of ale drank between us; I swear I did not drink a pint—I went with Westrop as far as the railway—we did not go back to Mr. Chitty's that night—the wood was in two lots by themselves; eighty-two planks laid on the top of some others—I swear I never said on the night of the 21st, "If it will be any accommodation to you, Mr. Westrop, I will accept your draft at four months"—Westrop came to my house on the morning of the 22nd, somewhere about 11 o'clock; no one was present then—I should not have given him my acceptance, if he had said that the planks would be down in the course of to-morrow; nor if he had said I should have them in forty-eight hours—when I found that they did not come, I went to his house the next day, the 23rd, and told him the wood had not come up; he said it would be sure to be up on that day; I said, "Very well"—it did not come on the 23rd either, and it has not come yet—I saw him on the 24th, and he said he was going to see about it—I dare say I had 100 interviews with him, between 22nd Dec. and 4th March—I kept calling there—I
instructed Mr. Dunbedine to issue a writ against him on 4th March—I had waited till then, because he kept continually making excuses—there was frosty weather after Christmas, and he said that the horses could not stand, which I thought was a very feasible excuse—it lasted about a fortnight—I have had other wood from Westrop since 22nd Dec.; that was walnut tree wood—I had two planks on 24th Jan.—the price of the whole of it was 6l. 2s. 6d.—that was not to come off the account, or to interfere with the other wood at all; he said that—it was to be a new purchase, and he had to take a bill of my acceptance; he never got it, because I have never had any more to make up the load, and he has never applied for it—the 6l. 2s. 6d. worth was part of an unlimited quantity—I was to have any quantity I wanted, and when I got as much as would suit me, I was to give him a bill—there was no amount mentioned by him that I was to go up to, nor any specified time—there was no date mentioned for the bill—he did not offer me some of Mr. Gordon's wood, or any other wood—he did not tell me I might take as much of the walnut wood in his yard as I liked; nor did I say, "No; I will not take any more of that; I will wait for the wood from Isleworth"—I will swear that.
Q. Do you mean to swear that you did not say you would not take any more of that wood which you gave 6l. 2s. 6d. for, because it was not dry enough? A. I said I would not have any more, but I did not add that I would wait for the Isleworth wood—I was constantly expecting it—I had a large order on hand, and bought that wood to execute it, and I have never been able to execute it—I will not swear that I did not say, "No, I will wait;" but I do not believe I did—I never gave him any threat of any legal proceedings—I got a memorandum from him about the end of Jan.—I believe my solicitor has that—I did not send a letter to Westrop, or direct a letter to be sent to him, directing him to send the bill, or a writ would be issued—I did not send him any letter—I did not direct my attorney to send him any letter before the writ—I never said or gave authority that the action should be stayed if I had the 6l. 2s. 6d. to retain, nor did I direct my attorney to do so; I left it entirely in his hands—I gave no directions about it whatever; that action is not yet tried, I believe.
Q. Did you ever use these words in April to any one, "It is gone too far, it cannot be stopped now; if I cannot get anything out of the civil law, I will go to the criminal law?" A. I never did—I believe it was on 22nd or 23rd April that I gave directions to the police officer to take him into custody—I instigated that idea myself—on 21st April I went down to Mr. Chitty's place, and saw him—I asked him if the wood was Mr. Westrop's; he said, "No," and that he had no power to sell it—I asked him if there had been a wagon there on the 22nd; he said, "No," and that it was not his wood—Mr. Westrop had told me that it was to be his, but it was on condition that not one bit of the wood was to be removed till the money was paid—I gave him into custody, because I considered that he had obtained it by false pretences—if I had known it before, I should have given him into custody before—I did not go into the matter with Mr. Chitty of how much had been paid; I asked him, on 21st Dec, if that wood was his for sale, and he told me "No," that he had paid 5l. deposit, and that was all, he told me: I did not want to go any further into his business—I mentioned to a dozen persons, I dare say, that Mr. Westrop had obtained a bill of me; none of them are hero—I do not suppose it would take above ten or fifteen minutes to measure a load of timber, 600 cubic feet; it depends upon who measures it—I dare say a load of timber would weigh a ton and a half.
MR. BALLANTINE. Q. When you found that the timber did not come, you directed your attorney to commence proceedings? A. Yes, and left the mode of carrying them on to him—in the course of the proceedings I went down to make inquiry of Mr. Chitty, and when I found that the defendant had no right to part with the timber I directed that criminal proceedings should be taken—if I had known that the defendant had no right to remove the timber from Mr. Chitty's yard I should certainly not have parted with my bill.
JAMES CHITTY . I live at Isleworth, and keep a timber yard there. I have seen the prisoner—I do not recollect 21st Dec.—the prisoner had not carted any timber away from my yard in Dec., nor had he the least right to do so—no portion of it was removed at that time.
Cross-examined. Q. Do you remember one day in Dec. being at the Chequers public house with Westrop? A. I do not—I do not recollect seeing Westrop and Isaacs together—if we three were together I do not recollect anything about it—I did not see a couple of men come to my premises from Westrop on 23rd Dec., nor did I, to my knowledge, point out any wood to them as the wood sold by Westrop to Isaacs—I cannot say whether it was before or after Christmas that a red brand was put on some of Westrop's wood—I do not know what it meant, nor can I tell on how many loads it was put—the weather was not so bad that the timber could not be taken away if it had been paid for—the wood might have been carted away supposing all the money had been paid—since that I have had 150l. paid me on Mr. Westrop's behalf, and he sent me a 50l. bill which was not honoured, and I have been obliged to take it up, since which he has sent me a note to meet his creditors, which I do not like—it would take five or ten minutes to measure three cartloads of this wood if it was in the log, but as it is it would take two or three hours, leading and everything—most of it is in plank—it takes five wagons to cart what is technically called three loads of timber.
Q. Did you say, after you found that he was compounding with his creditors, and had called a meeting together, that you were with Isaacs, and you would punish Westrop if it cost you 1,000l.? A. Very likely I may have; it is very likely that you might have said the same thing if anybody had served you so.
MR. BALLANTINE. Q. You do not remember this scene in the public house? A. No; so many people came down about Westrop's wood that it would require a memorandum book to put them all down—I remember the month of Dec.—I will take my oath that the timber never was on wagons on its way to Old-street-road—it was moved in March—up to that time only about 20l. had been paid.
GEORGE BARR . I live at No. 30, Curtain-road. I saw this acceptance for 45l. (produced) on 24th Dec.—here is my bill book (produced)—this gives the dates of when I receive cheques—I received this bill on the night of 23rd, put it in my pocket, and next morning I entered it in the bill book and put it away—(Mr. Isaacs here stated that he accepted the bill on 22nd)—I cannot tell you whether it might not have been the 22nd; I only go by the book—it was on the night of the 23rd I received it, and I entered it on the 24th—I gave money for it; do you want to know how much?—sometimes we give goods—I do not know how much money I gave; 45l. I think it was; he owed me 15l. at the time, and I gave him the difference loss discount—I do not know how much money I gave him, I suppose it was 30l. with the exception of the discount—I do not know how much the discount
was—I was holding a security of his, that is how he owed me 15l.—I held a bill of his for 35l.—I gave that up, certainly, and I gave him the cash—if you will allow me the bill book I will show you the transaction plainer, perhaps; a bill of his became due, and he said, "I am not in a position to pay you the whole of the money", and he paid me 20l. off—here is the entry—I am sure I gave him some money; it was 30l. 15s., here is the entry.
Q. But this entry is "Bear, of Old-street?" A. Bear is the party who gave it to me, but it is Isaacs, acceptance.
The COURT considered that the case did not come within the meaning of the Act of Parliament, and directed a verdict of
NOT GUILTY .
662. CHARLES M'CARTHY and FANNY DALEY unlawfully threatening and intimidating Mary Ann Harvey, and preventing her appearing as a witness on a certain trial, at which she had been bound by recognizance to appear.
MR. ROBINSON conducted the prosecution.
MARY ANN HARVEY . I resided with my mother in law, at No. 74, New Gravel-lane, Shadwell, on 25th Feb. last I knew the prisoners before that; I cannot say where they lived—I have seen M'Carthy and Daley's sister together—I recollect Daley's sister coming with a gentleman to the house my mother in law keeps—I think the gentleman was a sailor—I went before Mr. Yardley at the Thames police court to give evidence of that—I put this mark to my depositions (looking at them), and was bound over by the Magistrate to give evidence—I do not recollect anything being read over to me—they said I was to come up against Ann Daley, to which I assented—I said I would appear, but I was taken away—I was not told when the trial would come on, because I was out of the way, and nobody came to tell me—on the next day, Saturday, the two prisoners came to No. 64, where I was living as servant, and said that they would give me a sovereign if I would go out of the way to Greenwich, and there should always be a good home to go to if I went out of the way with them and did not go again Ann Daley—they showed me a sovereign, they did not give it to me—I went with them to Greenwich, and they took me to a house in a little court opposite the College—Mrs. Townsend kept the house—before we started they said that if I went again Ann Daley they would have my life—I was left at Mrs. Townsend's that night, and slept up stairs in a little garret—I did not go out of that room at all—we got to the house about 2 o'clock on Sunday morning, and went up to the garret—I came away on the Wednesday, and did not go out of the garret during the whole of that time—that was because I was frightened; and the door was locked—the old woman used to be in with me, and she locked the door—she used to get her living by selling apples and oranges in Greenwich-park—she went out in the daytime, and left me in the room till she came home at night—the door was locked when she went away—I did not see either of the prisoners while I was there, but Charles M'Carthy came to me on the Sunday afternoon, and he fetched me a new green dress which I had bought—I had told him that I did not like to leave it at No. 64, where I was living as servant, and he said, "Give it to me and I will bring it to you," which he did—Fanny Daley was there on the Sunday—they were there all day on the Sunday—I did not appear at the trial.
Cross-examined by MR. O'BRINE. Q. Were you living with your mother
in law when you became a witness? A. Yes; she keeps a lodging house in New Gravel-lane; it is a brothel—the offence upon the sailor to which I was a witness was committed there—no one was present but the young woman, the sailor, and myself—I was left by my mother in law to preside over the house; it was about 10 o'clock at night—I took charge of the house about 5 o'clock in the evening—I was in the habit of receiving company, and receiving the money from them—I have lived with my mother in law two or three years in that way—I have a little sister who lives there too—I went home to my mother in law after I had been examined before the Magistrate; that was on Friday—I remained at home all that evening—I had known Ann Daley before, she was in the habit of bringing men to my mother in law's house—my mother in law was not annoyed that I should be examined as a witness against her—my mother in law was not in prison some time ago that I know of; I have been at home for the last two years, but never knew her to be in prison—she told me to appear, and not go away; she was not angry at my appearing as a witness, she wanted me to appear—she did not want me to go away on the day that Ann Daley was fullied—I came home with my mother in law after I had given my evidence, and then it was that she told me not to go away—I had not expressed any intention of going away, I went and got a place next morning in service, at No. 64, Gravel-lane—that is a bad house—I went there before I had seen either of the prisoners—I went there in the morning—I went to get a place because my mother in law beat me for something I had done—I did not go to that place in order to avoid appearing as a witness; I had no idea of going away—I had never been in such a place before—I remained there two or three days before I saw either of the prisoners—Mrs. Brown keeps the house—we left Shadwell between 10 and 11 o'clock on Saturday nights, and got to Greenwich between 1 and 2 o'clock on Sunday morning—M'Carthy threatened my life; he was not alone then, they were both together—that was outside Mrs. Brown's door, about 9 o'clock at night—I remained out from 10 to 1 o'clock; I was greatly frightened, and afraid for my life all the time till I got to Greenwich—I saw the prisoner outside Mrs. Brown's about 9 o'clock; I then went in, and came out in about half an hour, and left Mrs. Brown and some girls there—I had not to go in to put on my bonnet and shawl, I came without them—I saw the sovereign at 9 o'clock, when they asked me to go away, Fanny Daley had it—they said they would give it to me if I would go; that was before they said they would take away my life—I thought I should get the sovereign when I got to Greenwich—another young man went with us to Greenwich, I do not know his name, I had never seen him before that night; he did not stay at Greenwich that night; he and M'Carthy went away together, and Fanny Daley and another girl, a stranger to me, slept at Greenwich—I had a little drop of gin on the road; M'Carthy paid for it, we walked altogether; we went into two public houses in Greenwich, before we went to the old woman's house—we did not go into any public house in London, we walked the entire way to Greenwich without refreshment; we went across the water in a boat—Daley and the other woman left about 8 o'clock on the Monday morning—I remained with them in the garret all day, Sunday—I did not take a walk, or go out at all—the old woman used to give me what food she had herself—after Daley went away I was alone on the Monday, in the garret; there were other people in the house—the old woman left me about 9 o'clock on Sunday morning; she told me to stop in; I could have got out if I had wanted, but I was frightened; when she went out with her basket she used to lock the door
but she used to ask me if I would go into the Park with her, and I said I was frightened to go; she did not ask me on the Sunday, but she did on the Monday and Tuesday—on the Wednesday evening me and the old woman came up to London; I went to inquire for M'Carthy's mother, I found her and remained at her house about two hours; she had no room for me, and I went and slept at a woman's house—I was frightened to go home—I went and got a place next morning, with one of the bad girls, at No. 2, Gravel-lane—I have been to my mother in law's since, because Mary Ann Ferguson sent for me—I went there about two months after the time I left Greenwich—I saw M'Carthy the night after I came up at the Coach and Horses, at Shadwell—I asked her for some money, but did not get any; I saw Daley soon afterwards on the same night, and asked her for some money, and if she had any place for me to go to; she said, "No"—the old woman left me with Charles M'Carthy's mother.
MR. ROBINSON. Q. Have you seen M'Carthy and this girl since? A. I have seen them about; I have not had any conversation with them—I had never been to Greenwich before, and did not know the way by myself—I saw both the prisoners at the police court when I was examined; no conversation took place between us then—M'Carthy was present when Daley had the sovereign, they were both together; I went to Mrs. Brown's on Saturday morning.
Q. What do you mean by saying you were at Mrs. Brown's two or three days, if you went to Greenwich on Saturday night? A. I had been living there two or three days when they took me away; it was on Saturday morning that my mother beat me, and I left her then—I slept every night at Mrs. Brown's—I went there on the Saturday morning as I went away with Charles M'Carthy on the Saturday night—it is a mistake to say I had been there two or three days; I did not go there after I came back from Greenwich.
HANNAH TOWNSEND . I live at Greenwich. Daley is a goddaughter of mine, and I know her sister—I do not know M'Carthy; I saw him once on the Sunday evening after Daley had come to my house with two other females, at two o'clock on Sunday morning—I saw no men with her—one of the girls was Mary Ann Harvey; Daley did not say anything to me about her—neither Daley or McCarthy said anything to me about the girl—Daley left about 9 o'clock on Monday morning, leaving the girl Harvey with me—when they came on the Sunday morning, I got up to let my goddaughter in—she said that her mother and herself had had a few words—I said I would go and ask her mother; she said that it was pouring with rain, and I could not go—she asked me if she might have the candle to go down stairs; I said "Yes," and she went and brought the other two females up—having been seven years in the house, I did not like to disturb the people in the house, and I said, "We will all go to-morrow"—on Sunday morning I got up at 7 o'clock and went to Church; when I came home I found the girls sitting before the fire—after breakfast I went out with my basket, and when I came home I found M'Carthy and the girls having tea—M'Carthy stayed about a quarter of an hour—next morning, when I got up, my goddaughter asked me when I was coming back; I said, "About twelve o'clock"—I never saw her again, but when I came home I found Mary Ann Harvey left behind—I asked if she would go into the Park, and she said she would rather bide at my place—I locked her in, because I am a poor woman and did not know her character; I thought she might be bad enough to take my little bit of clothes—she remained with me till the Wednesday evening—I told her I was a very poor woman, and only had my basket to depend upon
—I said, "Your friends do not seem to come for you;" she said, "No," and that she did not know her way home, and her mother had used her badly, and she would not go home—I said, "If I see you through the Tunnel, will you go home?" she said "Yes," but that she could not pay the penny—I gave her 1d. to pay for the Tunnel and another for the bridge, and have never seen any of them since, except when I went over to ask Fanny Daley why she left the girl; and she said that if I insulted her she would give me in charge of a policeman—I have not received anything from anybody—after Daley had told me that her mother had used her ill, I said that if I could get her a situation in Greenwich I would; M'Carthy was not present—I inquired of a nursemaid if she knew of a place—I was out on the Sunday; the door was not locked then—the girl might have got out on Sunday, but she told me she did not know where to go—she did not talk of leaving on the Monday, or on the Tuesday; she was wondering what kept my goddaughter away so long,—I stayed till my work was over, and then brought her back to Shadwell—I did not know the other young woman—none of them went out on the Sunday—I saw no young man on Saturday night.
WILLIAM CHARLES POTTER (policeman), I had charge of the case against Ann Daley, before Mr. Yardley—I knew her before; she and M'Carthy, who I have known some years, live together—I was present on 24th Feb. when Mary Ann Harvey entered into recognizance's—I was present at the trial here in the Old Court on 27th Feb.; Mary Ann Harvey did not attend as a witness—I went to her mother's house to look for her, and her mother went to look for her too, and we could not find her.
Cross-examined. Q. Where did you go to look for her? A. To No. 74, New Gravel-lane, and then I went to No. 64; the mother directed me there, but did not go with me—this was on the Monday morning—the mother has kept this description of house three or four years, to my knowledge—No. 64 is just the same sort of house.
MARGARET ANN CLARK . I keep a lodging house in Gravel-lane. Mary Ann Harvey is my daughter in law—she was not at my house when she was taken away, but at No. 64, lower down; Mrs. Brown's—I cannot say how long she had been there; a few days—she came to me on the Friday for some clean things—I do not recollect beating her at that time; I did some time before, because she stopped out on an errand rather late—I do not recollect whether she went to Mrs. Brown's on the morning I beat her; it was not on a Saturday I beat her; it is six or seven months ago; she had a dress made which was not to my liking, I wanted it made rather plainer—I did not see her again till she was brought up from Greenwich, when I was sent for; I had been three days and three nights looking for her.
Cross-examined. Q. She was not living with you when she was examined before the Magistrate? A. No, she was at Mrs. Brown's; she had lived there between two and three weeks—I went with her to the police court on the Friday, and she came home with me I think, and then went to her place again—I had not the slightest notion that she would not appear on the trial—I told her, as we came home, that she must appear and that I would go up with her—I told her that because I was served with a paper—I was to go for her to No. 64, to bring her to appear, and I did so—I think it was Saturday morning that she came for her clean things—she used to officiate for me sometimes in my absence, and receive lodgers, and receive money—she is fifteen years old—the robbery had taken place two or three days before; I was out then.
COURT. Q. Was not she living with you at the time of the supposed robbery? A. Yes; I cannot say how many days that was before she went to Greenwich—I can hardly say how long after the robbery it was that she left me and went to Mrs. Brown's; I think it was the next day, or the day after.
COURT. to HANNAH TOWNSEND. Q. Did you see M'Carthy bring anything with him on Sunday? A. No—the girl was not differently dressed after that.
MR. O'BRINE to MARGARET ANN CLARK. Q. You scolded the girl on Tuesday or Wednesday? A. Yes; I scolded her after I came home; it was about the robbery, and I think she then went to Mrs. Brown's place.
NOT GUILTY .
GUILTY . Aged 26.— Confined One Month.
OLD COURT.—Saturday, May 13th, 1854.
PRESENT—MR. RECORDER; and Mr. Ald. CUBITT.
Before Mr. Recorder and the First Jury.
MARGARET MANTUA . I am the wife of John Mantua, a picture frame maker, of No. 4, Wine-office-court, Fleet-street. Between Saturday night, 29th, and Sunday morning 30th April, I missed several articles—they were taken between half past 12 o'clock at night and half past 7 o'clock in the morning, when I missed them from my children's bedroom—my two children were asleep in bed at the time—I missed a long scarf shawl, a green merino dress, a pair of dark green trowsers with a black stripe, and two children's frocks, all from the same room—I had seen them safe the night before—the house was shut up as usual at night; the door was left on the latch—I afterwards saw the frocks on Saturday, 5th May, at Mr. Cavannah's, in Leather-lane.
DANIEL CAVANNAH . I am a clothes dealer, at No. 19, Leather-lane. I bought two frocks of the prisoner last Sunday morning week, about 9 o'clock; I keep open my shop on Sunday mornings up to a certain time, because working people mostly come on Saturday night or Sunday morning, as that is when they have most money to spare—there was another woman with the prisoner; I did not know her—I gave the prisoner the money; it was 4s.—I afterwards gave up the property to the constable.
(The prisoner put in a written defence, stating that she was an unfortunate woman, and that the frocks had been given to her by a man, on the night in question, in lieu of money.)
NOT GUILTY .
MARGARET HYDE . I am the daughter of Robert Hyde, of No. 6, Bells-buildings, Salisbury-square. I lost a gown on 21st April, between 11 o'clock at night and 7 o'clock in the morning—I left it at night on the foot of the bed where I was sleeping, and I missed it when I got up in the morning—my two younger sisters slept in the same room—I also missed my father's boots—the house had not been broken open—there was no fastening to the street door, only the latch—I missed nothing but the gown and the boots—there were lodgers sleeping in the house in three different rooms, a family in each room; they are still there—none of them lost anything—Julia, Connelly made the gown for me—this is it (Produced)—I have had it since Christmas—I have worn it, and am sure it is mine.
JULIA CONNELLY . I am the wife of John Connelly, a boot maker, of Fox-court. On Saturday week I saw the prisoner in Fox-court, with this gown on—I followed her into Brook-street, and asked her how she came by that gown; I told her it was a stolen gown; that it belonged to my cousin; that I had made it, and I could prove it to be the gown—she at first said she bought it at a pawn shop in Liquorpond-street—I said I did not think they sold articles in a pawn shop until after they had been twelve months pawned—she then told me that she had bought it in a clothes shop on Eyre-street-hill, and given 3s. for it, that morning—I said I should ask a policeman about it—she told me not to call a policeman; that she was willing to come with me to Mr. Hyde's house, which she did willingly—I told her I would say nothing about the dress, but when I got in I would ask the family if they knew any article of dress she wore—I did so, and the girl said at once that it was her dress—the prisoner then said she was willing to give up the dress, and lose her 3s. so that there was nothing more said upon it—it cost 7s. 6d.
Prisoner. When she first met me she asked to look at the sleeves of the dress, and asked if I knew it was stolen, and I said I did not. Witness. She said she did not know it was stolen—she said she had bought it that morning, and paid 3s. for it—at first she said she bought it at a pawn shop in Liquorpond-street, and then she said she bought it at a clothes shop on Eyre-street-hill—I am certain she said so—I brought her down Fetter-lane, and across Fleet-street, to Bell's-buildings—when I first spoke to her it was in Brook-street, Holborn, a few minutes walk from my own door—she said, "If I knew it was stolen, do you think I would wear it in the neighbourhood it was stolen from? I would give it up directly;" but she was not in the neighbourhood—she said at Mr. Hyde's house that she bought it in Field-lane; she did not say who from, but she said she would take us to where she bought it, and she took us to Mrs. Moore's house, on Saffron-hill.
MARY MOORE . I am the wife of Daniel Moore, of No. 70, Saffron-hill; I am a dealer in second hand wearing apparel—this gown was brought to my shop after the prisoner was detected, by Margaret Hyde—I had never seen it before—I have had a dress like it in my place for sale—Margaret Hyde asked me, in the prisoner's presence, if I had sold this dress in the morning, and I said, "No," I had not sold a dress of any description out of my shop for the last fortnight.
Prisoner. Q. Did not you say, if I did not go out of the shop you would put me out, and give me a good hiding? A. No; I told you to stop in the shop while Mr. Hyde and his daughter went to look for a policeman—you
were so tipsy you could not stand, but sat down on the floor, and I told a person to take you out of the shop—I said you deserved to be prosecuted for bringing innocent people into such trouble and difficulty.
Prisoner. I did buy it at your shop, and gave 3s. for it. Witness. It is a falsehood—I have had the shop for three months, and I never had a dress of that description in my shop—I never saw the prisoner but once before, and that was a fortnight ago to-morrow morning, about 8 o'clock, when she brought two frocks and a black cloak for sale, and I would not buy them.
(The prisoner's statement before the Magistrate was that she bought the dress of Mrs. Moore. She put in a written defence, containing the same statement.)
GUILTY of Receiving.
(The prisoner was further charged with having been before convicted.)
GEORGE SAMUEL CAVALIER (City policeman, 124). I produce a certificate—(this being read, certified the conviction of Margaret Smith of larceny, on 18th April, and that she was sentenced to nine months, imprisonment)—I was present at the trial—the prisoner is the person—previous to that she had been summarily convicted upon various other charges.
GUILTY . Aged 36.— Confined Twelve Months.
PLEADED GUILTY . Aged 26.— Confined Twelve Months.
(The prisoner received a good character.)
MR. RYLAND conducted the Prosecution.
JOHN NMOSS (City policeman, 295). In consequence of information I received I went, on Wednesday, 3rd March, about a quarter before 7 o'clock in the evening, to the shop of Mrs. Dodson, a bookseller, in Holywell-street—these four books (produced) were not there then, they had gone to Mr. Bonn's—I had some conversation with Mrs. Dodson, and waited in the shop; I was in plain clothes—the prisoner came in, and asked Mrs. Dodson if she had been able to make use of the books—she said, "What books?"—he said, "The books that I left with you"—she said she had not been able to do anything with them—he said, "Then I will take them away, if you please"—she said, "If you will call again in half an hour, and bring the half crown I lent you, you can have the books"—he said he would, and then left—I followed him into Holywell-street, and took him into custody; took him back to the shop, and he said, "What have you taken me in charge for?"—I said, "I did not say anything about charging you at all (I had collared him)—I told him he was charged on suspicion of being concerned in stealing four books from No. 1, Paternoster-row—he said he knew nothing about it—I searched him, and found nothing but a small sum of money.
Cross-examined by MR. SHARPE. Q. Were you in the same room with the prisoner when the conversation was going on? A. Yes—I have been to Coward's lodging—I believe the prisoners do not live together—Coward did not attempt to escape; I did not give him the chance—it was not till I got him to Mrs. Dodson's that he asked me what I took him in charge for—I took Clamp in custody; he did not attempt to escape—I took him in a cab
—I did not handcuff him—I told him he was charged with having stolen these books, and he made no answer.
CATHERINE SOPHIA DODSON . I am a bookseller, of Holywell-street, Strand. On Tuesday, 2nd May, Coward came to my shop; or, I rather think it was Monday afternoon, about 3 o'clock—he brought a small piece of paper; it was part of a catalogue, with the name of this work on it—he asked me if I would use that work if I could buy it—I said I did not know the work, and I could not tell unless I saw it—a short time afterwards he brought in these four volumes (produced)—I said, "I do not know anything about them, but I think I know a gentleman who I can sell them to"—he went away—Mr. Bohn's porter came, and saw the books lying there; he said he thought his master could use them, and took them to show them to him—next morning the prisoner came again, and asked me if I could use the books; and in the evening he came again, and asked me to let him have a trifle, and I gave him a half crown—I should not have lent him that, unless I had had the books—these books are published at 6l. 10s.; but with coloured plates, as these are, the price is 13l.—the prisoner came again on the Wednesday morning, but I had not then heard from Mr. Bohn—on Wednesday evening, Mr. Moss, another policeman, and Mr. Van Voorst came, and gave me some information—I told them that I expected the prisoner to call again, and Moss and Mr. Van Voorst waited—Mr. Van Voorst went to fetch the books, and left Moss sitting in the shop—the prisoner came, and the conversation Moss has mentioned took place—the prisoner was not a yard from Moss—Mr. Van Voorst brought the books to my house that evening, and then went with them to the station.
Cross-examined. Q. I think you said that the first time Coward called was 2nd May? A. Yes; I thought it was Tuesday, it was in the evening—I am now quite positive that when he called next morning it was Tuesday—he came on Monday, Tuesday, and twice on Wednesday—I had not the least suspicion that the books were improperly come by—there was no concealment; he came according to appointment each time—he conversed before the policeman openly about the books—he offered to sell them for 6l. 10s., and as he was going out he said 6l.—I heard Mr. Van Voorst say that he valued them at 10l.
JOHN VAN VOORST . I am a publisher, of Paternoster-row. These four books were in my custody; I am responsible for them—these four volumes are worth about 10l.—it is a particular edition—in consequence of information, I went on 3rd May with Moss to Mrs. Dodson's; I heard part of the conversation there, but I went to Mr. Bohn's to fetch the books—I brought these books, and handed them over to Mr. Moss—I do not know either of the prisoners.
Cross-examined. Q. You say you heard part of the conversation between the prisoner and Mrs. Dodson, was that before you left? A. No; it was the conversation between Mrs. Dodson and Moss that I heard; I left the premises before the prisoner came, I did not see him there at all—I published 1,000 copies of this work, I have supplied the trade with some in single copies at a time—I have never sold two copies at a time to any bookseller—this is a very common binding, but here is a mark made in it before it was sent to the binder, and which will be sworn to—I can swear to it by this; it is a copy which had been sold with the plates plain, and they have been coloured by the possessor.
MR. RYLAND. Q. How many copies are unsold? A. Four hundred; but with plain plates—I have sold 200 with large paper coloured plates.
and 200 with small paper plain—this is the only small copy with coloured plates—it was sold by me plain, and coloured by the purchaser, or rather for him by his nieces as I have heard, and it was returned to me to be bound—I have never sold a small copy, except plain—this is unlike any copy which we have sold—it is the only such copy that I ever had.
FREDERICK HALLEN SMITH . I am clerk to the prosecutor. I know these four volumes of "British Mollusca"—I wrote in this one "W. L. Carpenter," as a memorandum that they belonged to Dr. W. L. Carpenter—I saw them safe on Friday morning, 28th April: I missed volumes 3 and 4 about half past 9 o'clock that morning; volumes 1 and 2 were there then, but I missed them about 20 minutes afterwards—about half past 9 or 25 minutes to 10 o'clock, the prisoner Clamp came and asked me for a book, called "Domestic Scenes in Greenland and Iceland;" he was very near the books—I had missed volumes 3 and 4 then, but two men who I cannot recognise had been in before that, and were near the books—directly Clamp left I missed volumes 1 and 2; about eight days afterwards I saw him in custody and recognised him—I had not known him before.
Cross-examined. Q. Where about is the name? A. Here; it is partly erased, it is in pencil—here is part of the "W" left, and "Carpen"—I wrote that before they went to the binder, about a month or five weeks ago—I mentioned to the Magistrate that I had written it—I have no means of knowing the other three volumes, only that they are coloured, and by the general appearance of the binding—it was about a quarter past 9 o'clock when I missed volumes 3 and 4, that was before Clamp came in—I knew when he came in that they were missing, and I informed Mr. Van Voorst of the matter directly he came in—I did not see Clamp take anything, but I stooped down behind the counter to get the book he asked me for, and he could then have put his arm behind them and took them—he had a sack with him—I missed them directly he went out—he bought "Domestic Scenes," and paid me 1s. 6d. for it—I cannot say that I saw Coward that morning.
FREDERICK DOLMAN . I am collecting clerk to Messrs. Longman, the booksellers; I go round to different shops to purchase books. On 28th April, I went to Mr. Van Voorst's about half past 9 o'clock in the morning—when I went in I saw Clamp, who I have known for a long time, and can swear to him—he had a large bag—there was another man with him; they left before me, and about an hour afterwards I heard of this, and was asked if I knew who had been in the shop—I instantly said that I knew one of them.
Cross-examined. Q. You do not recognise Coward as the other man? A. No; I stopped there about five minutes after I saw Clamp.
COURT. Q. What is he? A. He has been connected with a pawn-broker's shop, in Aldersgate-street, which is now closed, and lately he has been working in Newgate-market—he worked a month at a bookseller's, and I have Been him about "the Row"—I went to school with him fifteen years ago, and have known him ever since by sight.
JAMES WOOD . I am porter to Messrs. Bohn, booksellers, of New Bond-street I went to Mrs. Dodson's shop, and got four volumes, entitled "Forbes' Mollusca," which I took to Messrs. Bohn's—I remember Mr. Van Voorst coming, he had the same books back which I had from Mrs. Dodson's.
COURT to FREDERICK HALLEN SMITH. Q. I understood you to say that there had been nobody in the shop, between the time that the two men had
been there, and the time that Clamp was there? A. No; Mr. Dolman was there the first thing in the morning—I remember his coming, that was when the two men were there, he went out after I had supplied him—nobody else came in, except Mr. Van Voorst; no stranger; there was an author, a friend of Mr. Van Voorst's, talking to him when Clamp asked me for the book; he remained after the book was missed, no stranger could have come in during that time without my seeing him—the boy was not in the shop—Mr. Van Voorst frequently attended to people in the shop, there is nobody to do so but him and me—the volumes were safe when I went at 9 o'clock in the morning—the two men were the first persons who came in, and I missed volumes 3 and 4, after they were gone.
COWARD— GUILTY on 2nd Count.
CLAMP— GUILTY .
Confined Six Months.
Before Russell Gurney, Esq.
PLEADED GUILTY . Aged 32.— Confined Three Months.
Before Mr. Recorder.
WILLIAM SOUTH (policeman, K 233). I was on duty, in High-street, Stratford, about 9 o'clock at night, on 29th April—I saw the prisoner coming towards Bow—when he passed me he turned a corner, and as he turned I saw he had something under his smock frock—he went down a street into the Marsh, and I concealed myself in a corner till he came up again, and went towards Bow; I followed him, and took him into custody—I said, "Halloo, Sam! what have you got here?—I looked into a basket which he had, and saw the tap and lead pipe in it—he said, "I found it"—I locked him up, on suspicion—the pipe had the appearance of having been cut or jammed off, and it appeared fresh done—I took the pipe to the station, and the next morning we made inquiries.
Prisoner. I said I found it, and was going to take it to the police station. Witness. Not then you did not—I looked into the basket, and saw the tap, and that convinced me there was something wrong—when you were before the Magistrate, you said you were going to take it to the station.
JOSEPH BENTON (policeman, K 381). I went to the Green Man, and made inquiries; and in consequence of what I heard there, I saw Mr. Pool—I had some conversation with him, and I took a piece of pipe which I received from South, and compared it with some on his premises—I found some lead pipe had been taken from there—I compared this piece with what was left—it fits exactly with this other—it was broken off quite into the ground.
ROBERT POOL . I keep the Green Man, I missed a brass tap and some leaden pipe from the supply pipe from the water butt in the yard—I became aware of it on Sunday morning—I should think six or seven feet was missing—the pipe came out of the ground, and was wrenched off close by the ground—Benton brought this pipe to me—this part of the pipe (looking at it) came round the wall, and it burst with the frost—I cut it off, and
hammered it close, as it is now—I saw Benton compare this with what was in the ground.
The prisoner's statement before the Magistrate was read, as follows:—"I was coming from my lodging on Saturday evening—I saw the basket in the middle of the road, opposite East-street, Stratford—I took it up, and put it on my shoulder—I had seen the policeman coming up the road, and I thought I should see him again; if not, I thought I would take it to the station—the policeman came, and said, 'Sam, what hare you got there?'—I told him I did not know; it was what I had picked up."
Prisoner's Defence. I picked it up in the road, and intended to take it to the police station—I had not been out of my own door ten minutes before I found it.
COURT to WILIAM SOUTH. Q. You say the prisoner turned round a corner? A. Yes—it was light in the street, with gas lights—it was dark down the turning he went down—there was, beside the gas lamps, lights from the shops—there was a beer shop, just by, which had lights in it—this was about twenty yards from the Green Man—the prisoner lived down East-street, about 200 yards from where I saw him.
Prisoner. Some seven weeks before, I was taking a walk one Sunday morning, and I saw a barrel of gunpowder—I went to Benton's house, and he was not at home—another lad and I went towards the station, and met Benton and told him—he said, if I found anything more to tell him, and I should have something for it.
GUILTY.** Aged 18.— Confined Twelve Months.
Before Russell Gurney, Esq.
MR. JOYCE conducted the Prosecution.
JOHN JORDAN . I am an ostler, at the Green Gate, Plaistow. On 22nd March, I left two pairs of trowsers, a waistcoat, two handkerchiefs, a watch, and some money, in my bedroom—my money was in a carpet bag, and so were most of these things—the coat and trowsers were in the press—I saw them all right on Wednesday night, 22nd, at half past 11 o'clock—I was called in on Friday night, the 24th—my carpet bag was empty, and some things were strewn about—I gave information to the police two or three minutes after—in the afternoon, part of the same day, 24th, I had noticed the prisoners at the house—that was long before the servant called me to my room—I had not seen them for some time—those things (produced) are mine—they are the things I missed.
Cross-examined by MR. LILLEY. Q. Did you see the things safe on 22nd? A. The carpet bag on that day was the same as usual—it stuck out as usual—I did not see those things in the carpet bag at that time—I saw the prisoners in the taproom on the evening of 24th—there were other persons drinking there—I saw them between 4 and 5 o'clock—I had known them before—I have no notion how many persons were in the taproom in the afternoon—there might have been half a dozen or more—the house closes at half past eleven—my attention was directed to the state of my carpet bag on the Friday night, at the time my fellow servants were going to bed, at half past 11 o'clock, when we were shutting up—I think I have had this coat eight or nine years—it was a present made me from a gentleman I lived with—I know it from having worn it—I ought to know these trowsers, I
paid for them—they are made in a particular style, according to my own order, small and tight.
COURT. Q. How recently had you seen any of those things? A. On the Sunday before—the bag was not locked or fastened—it was in the same place I generally left it—on Sunday I put the things in the bag, and on Wednesday the bag was the same as when I put them in on Sunday—I saw one pair of trowsers, at all events—the other was in the press.
HANNAH HARRIGAN . I am cook, at the Green Gate. On the night of 24th March, I went into the last witness's room at 5 minutes after 8 o'clock; when I came out it was straight—I saw his carpet bag, and all appeared safe—I did not afterwards go in again.
Cross-examined by MR. LILLEY. Q. Did you open his bag? A. No; I did not look inside—I go in every evening to see all straight.
JOHN DANIELS . I five at Woolwich. I am a dealer in second hand clothing—those things was brought to me on the 25th, early in the morning, by Dore—he was accompanied by the other, but he had nothing to do with it—he stayed at the door—I asked why he wished to sell his things, and he said he did not want them, he was about to go to Portsmouth—I asked his name and his residence, and he stated to me that his name was Carthy, that he came from Deptford Broadway, No. 69, Queen's place—I entered it in the book—I asked him what he wanted for those clothes, he said, "Eight shillings," and I gave him eight shillings—a few days after, Metcalfe came and asked if I had bought such things, and I referred to the book—the two prisoners were in my sight five minutes—it might be ten minutes—they are the parties.
Cross-examined by MR. LILLEY. Q. The persons came early in the morning? A. Yes, it was in the early part of the day; it was not 12 o'clock, I know, but rather early in the morning—I should not suppose it was after 9 o'clock, but I could not swear—we get our breakfast about 9 o'clock—it was before breakfast—Dore came into the shop, and bargained about the clothes—the other stood with one foot on the sill, but whether he came into the house I do not know—generally, in the daytime, I have clothes hung up at the door of the shop, but not so early as that, I should suppose—they were not hung up then—I was in the shop, and he brought the clothes in to me—I undertake to say I looked at them before I paid for them—whether they were put on the floor or the counter I do not know—there is no counter, no counter that comes along the front—there is a counter, but it is at the back part of the shop—I cannot say exactly how far I stood from the door when I looked at those clothes and bargained for the purchase—the shop is particularly small—I was not three yards from the door, I will venture to say—Bone stood with his front towards me—the man that stood at the door leant against the post, looking at me, and the other was in the shop, facing me—I had never seen either of the men before to my knowledge—I asked no further explanation than what I have mentioned—I asked Dore if they were his own clothes, and he said, Yes, he did not want them; he was going to Portsmouth.
MR. JOYCE. Q. You gave a description of the two prisoners to Metcalf? A. Yes; they are the two.
JOHN WILLIAM METCALF (police-sergeant, K). From information I received, I went to the shop of the last witness—he looked the things out from a lot of others, and showed them amongst others that he had purchased as well—he gave me a description of the persons who sold them to him; in consequence of which I went to where the prisoners lived, at Plaistow, and saw Dore near the Green Gate—I told him I should take him into custody
for robbery—he made no reply—I removed him to the station, and then returned and fetched Bone.
Cross-examined by MR. LILLEY. Q. Which is the one you found at his own house? A. Bone—I did not find both at their houses.
(The prisoners statements before the Magistrate were read. Dore says, "I was not at Woolwich at all on Saturday; I was at home all day." Bone says, "I never saw Dore on that day at all.")
DORE— GUILTY .* Aged 19.
BONE— GUILTY .* Aged 21.
Confined Four Months.
Before Russell Gurney, Esq.
MR. JOYCE conducted the Prosecution.
GEORGE BEJAMIN INNIS . I am steward of a merchant vessel. On 17th April, I was crossing a dummy, at a pier at Woolwich, between 5 and 6 o'clock in the afternoon—there was a great crowd going out of the steam boat—I felt he guard of my watch tight to my neck, I looked round and saw the prisoner with my watch in his hand, and his coat on his arm—I collared him, and gave him in charge—the chain of the watch was not hurt, but the force he held it with, caused the pin which fastened it to the watch to bend.
Cross-examined by MR. B. P. SMITH. Q. Were you hurt? A. No—my family reside in Chester—when I am in town I reside in Commercial-road East—there was a great crowd at this dummy—there may have been more than a hundred persons—they were not so near as the prisoner was—they were thronging to come out of the gangway—I was amongst the throng, as well as any one else—I was coming the path that they were coming—it was not a round ring, it was a passage about as wide as this box—there was a lady walking on my right side, but not at the same time that I was attempting to go on the dummy—there was not a press—I was quite sober, for I am a teetotaler—I never tasted wine or beer, or spirits in my life—I only drink tea, coffee, and water—this was between 5 and 6 o'clock, I am not sure it was not past 6 o'clock—it was not under a cover, it was in the open air—the prisoner appeared quite sober.
WILLIAM WATTS . I am parish constable of Woolwich. I was on the top of the Pier that day, looking over—I saw Mr. Innis take hold of the prisoner, and at that time I saw his watch hanging down in front of him—I went down the steps as soon as possible, and he gave me the prisoner in custody—I told him what he was charged with, he said he was not near the man—I inquired his address, he said he was a commercial traveller, and lived at No. 2, Norton Folgate, and travelled for a haberdasher, or a hosier.
Cross-examined. Q. Were you a little jolly on that occasion? A. No; nor yet melancholy—I had taken that refreshment that did me good—I had been on business—I had just come out of the boat—the prosecutor was not drunk with the quantity of tea he had taken—he was quite sober—I did not see the prisoner take the watch from his person; I could not, for the prisoner had got a coat over his arm—there were a good many people—they were not pressing closely, because they were waiting till all the people
got off the boat—there was only one gangway out—they let the people out, before they let others in—I searched the prisoner, and found on him a sixpence, and four halfpence.
GUILTY .* Aged 20.— Confined Twelve Months.
MR. MEW conducted the Prosecution.
JOSIAH SIMPSON . On 17th April, about 7 o'clock in the evening, I was at Greenwich fair with three friends; there were a quantity of people opposite Richardson's show—I felt an arm round my waist, and immediately there was a very sharp crush; the crowd got closer, and I felt a pull at my guard chain—I looked round and saw the prisoner with my watch in his hand—I laid hold of him, and said, "You have taken my watch?" he said, "My dear fellow, I have not seen anything of your watch"—I gave him into custody—my watch was gone, and part of the chain was left hanging down.
Cross-examined by MR. O'BRIEN. Q. Were you with some friends? A. Yes; there were two before me, and one behind me—the gentleman who was behind me is not here—he was not close behind me—it was getting rather dusk—it was in the public road—my friends went to the station with me.
MR. MEW. Q. Did you keep the prisoner in your charge till you gave him into custody? A. Yes.
Cross-examined. Q. Did you search him? A. Yes; and found 1s. in silver, and 4 1/2 d. in copper.
GUILTY . Aged 22.— Confined Six Months.
GUILTY on 2nd Count. He received a good character.—Recommended to
mercy by the Jury.— Confined Two Months.
Before Mr. Recorder.
MR. JOYCE conducted the Prosecution.
WILLIAM FORD (policeman, R 225). On the morning of 17th April, I went into the shop of Mr. Wittingham, a marine store dealer, at Deptford—the prisoner was there; I said in his hearing, "Wittingham, what metal have you in the house?" he replied, "Here is some, look at it, this man brought it," pointing to the prisoner (I was in uniform)—he said, "You are not going to say that I brought it"—Wittingham replied, You know you did, you have just put it down"—I said to the prisoner, "come this way with me, let us look at it"—he did so'; and I said, "I will take you into custody for having this in your possession, as I believe, knowing it to be stolen"—he said, "I did not bring it, and I know nothing about it; it was another man brought it"—I took him into custody—on the way to the station he said that a man on Deptford-green asked him to carry it to the shop, and said he would pay him, and that he should know him if he saw him, but did not know his name—I took the lead to the station; this is it (produced)—Mr. Clinton saw it there—it is the whole covering of a roof; I have compared it, and it fits—it appears to have been cut with a chisel.
Prisoner. Q. I told you I did bring it to the shop? A. Not till you were on the way to the station.
PHILIP WITTINGHAM . I am a marine store dealer, of Deptford, and know the prisoner. On 17th April, he came twice to my shop, and brought two lots of lead, but he did not offer it for sale—just as I came down stairs a policeman came into the shop and took the prisoner—this is the same lead—my wife was in the shop when he came the first time.
EDWARD CLINTON . I am a licensed victualler, of Wellington-street, Deptford. On 17th April, between 8 and 9 o'clock in the morning, I missed some lead, which formed the covering of a bow window at my house—it was safe at 4 o'clock the day before—I went to the station to give information, and saw the lead there—I compared it with the place, and it fitted to an inch.
(The prisoner produced a written defence, stating that he was accosted by a man who he particularly described to the police, who offered him 2s. to assist in carrying one of two bags, which he afterwards found to be stolen lead.)
COURT to WILLIAM FORD. Q. Did he give you any description of the man he mentioned? A. Not till after he was remanded on the second examination—he then said it was a tall man with dark hair, who wore a velvet coat and a cap.
GUILTY.** Aged 20.— Confined Six Months.
MR. JOYCE conducted the Prosecution.
WILLIAM GLADWIN (policeman, R 122). On Easter Monday, 17th April, I was near Woolwich Pier, about 5 o'clock in the evening, and saw the three prisoners come from a steam boat—I watched them—they walked together to the Water-gate, and from there to the market—they spoke together, and walked back to the Pier—I saw Martin go to the ticket place, and take three tickets—the other two prisoners went a little in advance of Martin, and when he had got his tickets he overtook them, and I followed the three on to the dummy, which leads to the boat—when there, I saw Burn stand by the side of a lady, and put his hand into her pocket—he took his hand out, with nothing in it—I then saw Edwards place himself by the side of the prosecutrix, who was on the dummy—Burn placed himself on the left side, and Martin behind him—I saw Edwards put his hand into the lady's pocket, and take out a purse—they all three went away together—I spoke to the lady, and followed the prisoners on to the other boat, which was going to the Eastern Counties—I took Edwards by his arm, and as soon as I had done that, he dropped this purse from his right hand—a lady on the boat picked it up and gave it to me—she said, in Edwards' hearing, pointing to him, "That man threw it down"—Burn and Edwards were standing close together, and Martin stood a little away—I got assistance, and took the three prisoners into custody—Martin gave his address, No. 15, Shapp-street, Hackney-road—I have inquired, and no such person lived there—Edwards gave his address, No. 13, Jewin-street, Fore-street, City—I found the place, and made inquiry there—this is the purse, in the state it was when I picked it up.
Cross-examined by MR. SADLER. Q. Were there a great many persons about? A. Yes; it was crowded at times—Martin gave his address at a house in Shapp-street, Hackney, road—they have no lodgers there—the person who keeps the house is a shoemaker, but he works out—I asked his wife if they had any lodgers—when I took Edwards and Burn on the boat,
Martin was not with them; he was about five or six yards off—he did not say anything, only, "I am a gentleman; don't interfere with me"—there were seven or eight persons between him and the other prisoners.
Cross-examined by MR. B. H. SMITH. Q. This was Easter Monday, and you were all very jolly? A. Not particularly so; I had had my dinner; I never take anything with my dinner but water—the prisoners were sober, as far as walking goes—I was in gentleman's clothes, and so were they—I did not go out for amusement; I was on duty—Edwards dropped the purse—he did not pick it up—I swear I saw him take it from the lady's pocket, and drop it from his hand—I cannot say he did not pick it up—Martin is now in different apparel to what he was—Edwards had a different cravat on, and had a different appearance altogether—I am certain Edwards is the person—I took him on the spot—there was a great crowd, but not at that time—they left the crowd, and went on board the other boat—there was not a great crowd about the lady; all that was about her were three persons, who endeavoured to impede her progress—the prisoners got thirty yards from her—I let them go, because I wanted to tell the lady—I knew I could get the prisoners—I had to go down the gangway to get to the lady—I did not stand on the dummy; I was on the gangway—they went on the dummy—I did not lose sight of them while I went to speak to the lady—there was nothing to impede my sight—I mean to say I did not lose sight of them at all.
COURT. Q. Which boat was the lady on? A. On one of the Watermen steam boats, which goes up to London—the prisoners went to another dummy, to the Eastern Counties boat—each of them had their ticket on them for that boat.
ELIZABETH MOSS . I am the wife of William Moss; I live in the East India-road—I was on the Pier at Woolwich, on Easter Monday—the officer spoke to me as I was about to enter the boat—(I let the crowd go on first; I found Burn and Edwards pushing against me as I was going to the Waterman's boat)—I put my hand into my pocket, and said, "I have lost my puree"—he said, "Follow me"—I followed him to the Eastern Counties boat—I saw him take Edwards and the other prisoners into custody—I saw my purse on the deck at the time he was taking Edwards—a lady took the purse, gave it to the officer, and pointed to Edwards, and said, "This is the man that threw it down"—this is my purse—it is broken—there was 13s. 10d. in it, but as Edwards threw it from his hand a 4d. piece fell out of it, and it was picked up; when I last saw it there were two 4d. pieces in it.
Cross-examined by MR. B. H. SMITH. Q. Was there not a very great crowd? A. No, the throng had gone on board—I did not see the purse taken from my pocket; perhaps if I had, I should have taken him; I should not have let him go—my pocket is on my right side, in my dress—I had had the purse in my pocket ten minutes before—I gave my husband the money out to pay for the tickets.
MARTIN— GUILTY . Aged 25.
EDWARDS— GUILTY . Aged 18.
BURN— GUILTY . Aged 16.
Thomas Edwards was further charged with having been before convicted.
ISRAEL WATTS (policeman, N 184). I produce a certificate—(read: "Clerkenwell— John Parker, convicted May, 1852, of stealing a purse and money from the person of Mary Putter; confined six months.")—the prisoner is the man.
Cross-examined by MR. ROBINSON. Q. Have you never said that he was
tried by the name of M'Carthy? A. No; I said he has gone by the name of M'Carthy—I am not aware that I know his brother—I have no doubt whatever of the prisoner—it was Robert Jefferson who had him in custody—I happened accidentally to be present at his trial—it is two years ago—I have seen him a number, of times since; I last saw him about six months ago.
COURT. Q. How long have you known him by sight? A. Above two years—I had seen him in custody before that—when he was tried, I had known him before—I had seen him in custody before for picking pockets.
MARTIN and EDWARDS— Confined Twelve Months.
BURN— Confined Four Months.
PLEADED GUILTY . Aged 18.— Confined Three Months.
PLEADED GUILTY . Aged 18.— Confined Six Months.
MR. PAYNE conducted the Prosecution.
JOHN TICKNER . I am a clerk, living at 9, King-street, Grosvenor-square—on Tuesday, 18th April, I went to Greenwich fair, between 7 and 8 o'clock in the evening—as I was going away from the fair I felt a pull at my guard; it was a cotton guard—there was a watch at the end of it, in my waistcoat pocket—I put my hand to my waistcoat pocket, and found my watch was gone—I saw the prisoner before me; he was going away from me—when I first saw him, he was about three or four paces off—two people closed in, the moment I catched my eyes upon it, between him and me—as soon as I missed my watch, I saw the prisoner going away from me, and went behind him, and saw my watch in his left hand—I laid hold of him by his neck-handkerchief, and with my right hand tried to catch hold of his left hand—he put both his hands together, and the watch went into the right hand—he passed it—I caught hold of both his hands with my right hand, and he dropped the watch—I had a friend with me; he came up at the same minute and laid hold of the prisoner, and I picked up my watch; it was at the prisoner's feet—I said "You have stolen my watch!"—he said he hoped I would let him go, as he had a wife and two children—he tried to get away, but my friend laid hold of him, and kept him till the officer came up and took him—this (produced) is my watch.
Cross-examined by MR. RIBTON. Q. What are you? A. A clerk. It was between 7 and 8 o'clock in the evening—it was the second day of the fair—I never went there before, everything there was novel—I arrived at Greenwich at 6 o'clock that evening, and this was between 7 and 8; I was then leaving the fair—I was not tired of it, but I had a friend with me who wished to be at the West End at 9 o'clock—we had not been in the Park to see the people running down the hill—I never spent a farthing—I went by water merely to see the shipping—my friend was anxious to see the fair, and I went with him—I was about an hour going through the fair with my friend—he is not here—he is in the same office with me—
I am quite sure I had not been talking to any persons before I met the prisoners—I was quite sober, I had nothing at all to drink—I reached home about 10 o'clock—I left Greenwich soon after the prisoner took the watch; I went by water, and came home by railway—I cannot say whether it was the prisoner who pulled at my pocket—I put my hand to my waistcoat pocket, found my watch was gone, and saw the prisoner going away with his hands down—he was an arm's length from me; there were two men between me and him—they stood quiet, and he walked away—I had to push by them; they closed in—I broke through them, and found the watch.
CHARLES DANIELS (police constable, R 184). I was on duty in Greenwich fair, on Tuesday evening, in plain clothes; I saw the prosecutor there—I first saw him put his hand to his waistcoat pocket; I saw him look at his guard, and the watch was gone; there was such a crowd round I could not get to him; I saw his friend lay hold of the prisoner—he made his escape then, and made a bit of a circle round before I could get to him—I then got up to him, and asked what was the matter—he said, "He stole my friend's watch"—he was given into my custody—he said, "Let me go, it was not me that taken the watch"—the prosecutor and his friends said, in his presence, that it was his.
Cross-examined by MR. RIBTON. Q. What time was it? A. Between 7 and 8—the prisoner was a yard and a half from the prosecutor when I saw him first—there were a great many people about.
GUILTY . Aged 25.— Confined Six Months.
Before Mr. Recorder.
MESSRS. BODKIN and SLEIGH conducted the Prosecution.
SAMUEL BROWNHEAD . I live at Marlborough estate, Peckham—I have carried on the business of an engineer—in the early part of last year the defendant was introduced to me—I was first brought into contact with him by an advertisement in the Times; that led to an agreement between me and the defendant, for the purpose of working some patent of which he was the patentee—I declined to have anything to do with him in the relation of a partner—that was originally proposed to me.
ARCHIBALD M'ARTHUR LOW . I am a solicitor. I am the attesting witness to this agreement—I saw it executed—(The agreement was dated 26th May, 1853, between John Onions and Samuel Brownhead, by which Brown-head was to advance the necessary funds, and Onions was to be employed as manager of the works at a salary of 2l. per week, it being expressly stipulated that he was not to be a partner, but if the business answered he was to receive half the clear profits; Brownhead to be at liberty to sell the stock in trade and fixtures, and differences to be referred to arbitration)—in pursuance of that agreement the defendant entered into my service—I took premises at the other side of the water, for the purpose of carrying on this patent business—I continued to carry on business there from the end of May or the beginning of June until Dec.—during that period he acted as foreman of the works, and I paid him from week to week 2l. salary—I advanced about 900l. during
that period for the purpose of carrying on this patent—in Dec. I found it was not a very profitable investment, and I shut up the premises and discharged the defendant—after I discharged him he made application personally, as well as by letter, for his wages; this is the letter—(read: "June 28, 1854. Sir,—I have called as usual for my salary.—John Onions. To Mr. Samuel Brownhead")—I shut up the premises at Christmas, and this application was in Jan.—it was a portion of his duty to purchase materials for carrying on this business on my account, to make payments on my account, and to render me from time to time accounts of these disbursements—he procured a person of the name of Gregory to draw a plan of a rag mill for me—this is the account, referring to it; it is the prisoner's writing—the plan was procured in May, 1853—this account sets forth that the defendant paid 2l. 10s. for that—on the faith of that representation I paid him that amount—I paid it him, because when I objected to the amount, he said the party told him it was worth 3l.—he stated that he paid the 2l. 10s. to Mr. Gregory—this item, "Plan or drawing of rag mill, 2l. 10s.," is his writing—I know a person of the name of Lewis, who deals in iron castings—in the course of last year the defendant purchased from him, on my account, some iron ore and patterns, for which the defendant produced to me this receipt—(read: "28th May, 1853. Received of Mr. John Onions 4l. 10s. for cut patterns, cast iron, &c., laying at the Duke of Sussex, New Peckham.—Thomas Lewis")—I paid that 4l. 10s. to the defendant—he did not make any statement to me as to whether he had or not paid the money, but asked for the money—he handed me the receipt at the same time—I employed a person named Peters to turn some castings—some time in the latter portion of the year, Onions asked permission to go to the Kingston Assizes on Peters's behalf to give evidence to his character—I understood that Peters had some law business there—the defendant was absent for two or three days—he did not make any statement about it immediately on his return, not till Oct. or Nov.—I do not recollect the exact time of hiss going to Kingston; I should say it was the latter part of the year—I should say it was at least a month after his return that he spoke to me about Peters; one Saturday night he stated that there was 2l. due to him for money lent to Peters at Kingston—he asked me for the amount, and stated that Peters had directed him to apply to me for it—in consequence of their business between us, I had an account with Peters at that time—the defendant told me that Peters had directed him to apply to me for the 2l. against the account then owing from me to Peters—on the faith of that statement I paid that money to Onions—I charged Peters with it in his account—I was subsequently sued by Peters for the whole account, including this 2l., and compelled to pay it—I have had to pay it twice—there was a labourer named Boxall in my employ last year—it was the defendant's duty to pay that man his wages from time to time—the defendant told me that he had paid Boxall 4s. a day—on the faith of that statement I paid him, from time to time, 4s., on account of Boxall's wages—I paid him that two or three different times—there are the accounts (producing them); they are in the defendant's handwriting—here is "Boxall 2 days at 4s., 8s."—these are accounts that he made up every Saturday night—this first account is a weekly account of wages from 24th Aug. to 2nd Sept., amounting in the whole to 8l. 12s. 1 1/2 d.; then "John Onions, 2l." is added, that is the defendant's own salary—I paid him that 10l. 12s. 1 1/2 d.—the wages of each person is included in this, and among them is "Boxall 2 days 4s., 8s."—the next account is for the week ending 15th Oct., amounting to 10l. 5s. 3d., in which is "Boxall 6 days, 1l. 4s."
Cross-examined by MR. PARRY. Q. These last two charges of Peters and Boxall were not made by you at the police court were they? A. They were not; they have been made since—I have Onions's papers in my possession—I have not gone through them for the purpose of ascertaining what further charges could be made against him, nor has any one—Peters disputed the 2l., and has sued me for it—I did not call Onions as a witness—I cannot tell you when I paid Peters, without referring to the account—I believe it was not before I gave Onions into custody, I believe it to be since; it appears that I was put in the Court by Peters on 14th March, and he was given into custody on 8th March—I did not want to charge Peters 2l. as a set off, for Onions's time in going down to Kingston—Peters and I had a running account, I owed Peters 21 at that time—I requested my clerk to ask Peters if he ought not to pay for the man's time—I did not set up that at the County Court, I did not go into court with it—I requested my clerk to pay the money, in consequence of finding I could not make a set off against it; Peters refused to pay it, and there it ended—he said Onions had borrowed no money of him—the only proposition between the prosecutor and myself was that which is contained in this agreements, we did not enter into any other patent, there was no talk of embarking in anything, but what was connected with this business—the rag mill was all connected with the business—the patent is for knives, plates, and bars for a rag mill—there are other things mentioned in the agreement—I never entered into any separate arrangement with Mr. Onions, except what is contained in this agreement—I have assisted him in taking out two patents connected with these mills, which were to supersede the original patent—I do not know anything about these patents—I was not able to work them when Mr. Onions joined me, nor can I now; neither can he—I have never worked them since I gave him into custody; I have only employed three or four labourers on the premises to clear up the place at different times, but not continually—a circular has been printed and circulated, but I am not prepared to say whether it was before or after Mr. Onions was given into custody—it was printed by my direction—I will swear it was not printed after he was given into custody—I refused Mr. Onions entrance to the premises, after I had discharged him; I did not then try to work the patent myself.
Q. Did you threaten to sell off the plant? A. I think I wrote to him to that effect; but I never received any answer from him, I did from Mr. Bath an attorney—I cannot tell whether it was after that answer, that I gave Mr. Onions into custody—I cannot say whether I gave him into custody on his threatening to enforce the arbitration clause, in consequence of my having threatened to do something which he did not approve of—a copy of my letter is in existence—I really cannot tell you from recollection, whether I gave him into custody after or before that.
Q. Will you swear that you did not receive an answer to whatever application you made in the month of Feb. last? A. I really cannot answer the question without I saw his letters; I did not anticipate this, and I did not trouble my head to bring them—we never had any quarrel or dispute—he came to the mill to apply for wages, and I refused him entrance—he was entitled to half the profits, if there had been any—I cannot tell you the date on which I sent the letter—I cannot swear that it was not on 17th Feb.—it had no connection with the circumstance of giving him into custody—he did not propose a portion of this plan himself; I do not think he is capable of doing it—I do not know that he made a
sketch out of the plan for Mr. Gregory—before I made an engagement with him, I saw what he produced to me, which was merely a sample; but I did not examine his patent—I went into the Patent Office, and found that the patent was in his brother's name, and wrote to him for an explanation—I do not know that it was afterwards transferred—that patent, in his brother's name, is not what I have anything to do with—it is since Christmas that I had learned that he had only paid Mr. Gregory 1l., but I cannot say how long before I gave him into custody it was; I do not think it was two months before—I believe I had not ascertained this for two months before charging him—he was discharged at Christmas—I think I knew it a week or two before I gave him into custody—I do not think I saw Mr. Bath in Jan.—this letter (produced), is in my writing; I have read the last paragraph of it—I cannot tell you from memory whether it was in the month of Jan. that I discovered about the 2l. 10s.; I did not discover it in Nov.—it was not till after he left me—I have no recollection of hearing anything about it till after he left me—I produce the receipt for 4l. 10s.—I do not know that the goods for which I paid the 4l. 10s. have been valued since—I know Mr. Broadbent; he did not value the things at my request, and I do not know that they have been valued at all—it was always intended by Mr. Onions to establish a company—I used to see Mr. Onions on Saturday nights, and when he had made up his account, I paid him the money—in all these instances the money was delivered afterwards; but all that time he applied to me for cash in hand, and I let him have some frequently to pay petty cash—Onions got the plan done on his own account—I have never said that I would get rid of Onions at all rates, or at any rate—I never had an idea of any such circumstance having transpired till after he was discharged—I did hear something, but I never investigated it, as I thought it was mere slander—I did not threaten to get rid of Onions whatever it cost me—I discharged him at Christmas—he was not turned out of the premises; he was discharged like any other man, and walked away—the plant and machinery were not his, they were mine—I could have pulled all the building to pieces—there was no machinery completed, except an effort to get up one machine—I swear distinctly, that after I discharged him I never said to anybody that I must get rid of him, and would get rid of him, if it cost me 1,000l.; and I never thought so.
MR. BODKIN. Q. From the beginning, when he joined you, down to the time he left, did you pay for whatever he bought? A. Yes, everything was bought and paid for with my money—I paid the whole of his wages; I was paying them at the time he went to Kingston—when Mr. Peters sued me, I called, under the advice of my attorney, and paid the money.
JOHN GREGORY . I am a mechanical draughtsman, of Park-lane, Peckham. In the summer of last year I was employed by the defendant to make the drawing of a rag mill for Mr. Brownhead, and also the pattern of a knife—I charged him 18s. for the two: he gave me 1l.—I tendered him the 2s. change—he said I was entitled to it, and told me to keep it—the other drawing was to show the operation of the knives in passing through the mill.
Cross-examined. Q. Was there a plan of a rag mill as well? A. The only plan I made was showing the cylinder of the rag mill, and the operation of the knives in pulverising the rags on the plate which is fixed below—he furnished me with a pencil sketch, something of an idea of what he required; it was of no assistance to me as a draughtsman, it was only to convey the
idea—part of the 1l. paid to me was for a pattern which I made him to cast these oblique knives from; it is a mould—I made the mould for the knives separate and distinct from the drawing—he gave me the idea, from which I made it—the value of my skill consists as much in the idea as in the work-manship—I did not know Mr. Brownhead in the matter at that time; but I understood from Onions at the time that Mr. Brownhead was the principal in the concern—Onions stated to me that he wanted the plan to carry out the invention which he was then working on—I will not say when I first mentioned the matter to Mr. Brownhead, but I think since Christmas.
MR. BODKIN. Q. Did you know that he was then at Mr. Brownhead's premises? A. Yes; he was employed at the Peckham steel works, which belong to Mr. Brownhead—I understood that the drawing was to be made use of in the Peckham steel works, working up the patent steel.
THOMAS LEWIS . I am a general dealer, of No. 11, Eden-place, Kent-road Some time in the summer of last year I had some iron ore for sale; the prisoner came and made inquiries as to the price, and eventually agreed to give me 2l. for a quantity of ore and various patterns used in his business—he paid me the 2l., and asked me if I would give him a receipt for 4l. 10s.—this (produced) is the receipt I gave him; it is in my writing—he gave me no reason for requiring a receipt for 4l. 10s.—it was a matter of very little difference to me if I had given him a receipt for 20l.—I gave it to him, because I thought he was buying for himself; if I had known he was going to sell them again, it would have been different—such things are every day occurrences—(The receipt for 4l. 10s. was here read).
Cross-examined. Q. Did you know Mr. Brownhead? A. I have known him for the last three months—I was first introduced to him by Mr. Onions—I mentioned this matter to him at the police court—I had mentioned it to one party before that—I did not volunteer myself at the police court, I was summoned—we keep no books in our business; as we sell things, so we take the money—mine is not a marine store shop—I have no account of sales or purchases, only in my own head—I have been a general dealer some fourteen years, but not always in the same place—I have been in this place since August, and before that I was in the same neighbourhood—I have very little doubt the things were, worth 4l. 10s. to use in business, but I had tried to sell them long enough.
MR. BODKIN. Q. Are you a housekeeper? A. Yes; I continue to live there still; but at that time I had not so much room as I have now, and was paying 4s. 6d. a week for warehousing these things, which induced me to sell them cheap—I was a housekeeper where I lived before.
RICHARD PETERS . I am an engineer, of Union-street, Borough. In October last, I had a trial at Kingston Sessions—I had at that lime worked with Mr. Brownhead—he was in my debt—I know Onions, he attended at Kingston, at my request, in the business I was there upon—I believe his wife went down with him—I think he was there four days—he went down to answer to my character—it was upon a false charge of exposing myself, and I was acquitted—I did not borrow any money of him, whilst I was at Kingston, nor did I receive any money of him whatever; but one day I desired him to pay some of my witnesses, as they were going some distance, and he told me he had paid them 9s.—I have not paid him the money again, as he has made no application for it—I cannot say who paid his expenses while he was there—I did not authorize him to charge 2l. or any other sum, nor to tell Mr. Brownhead to charge it against me, in my account; nothing of the kind happened between us—I remember seeding in my
account to Mr. Brownhead, and he wanted to deduct between 3l. and 4l.—I told his clerk that whatever Mr. Onions, claim was I would settle with him; upon which Mr. Brownhead paid my full demand.
Cross-examined. Q. When was it you were under this false charge? A. In October last—Onions came down to give me a character, and he did so—he had known me about three years—there were six or seven other witnesses, I think—I did not pay the expenses of any of the witnesses to my character, as they did not apply for them—Mr. Brownhead owed me money in October—Mr. Onions told me that he had expended, for himself and other witnesses, 2l.—I did not say, "You can make it a set off against Brownhead's account"—I told Onions there was between 3l. and 4l. to be deducted by Mr. Brownhead, but that I should get my full account, and then settle with him—I did not say that at Kingston; it was in February or March, because the principal part of the work was done after October—he named it to me about January or February, that he thought his expenses down at Kingston were about 2l., and that that would satisfy him very well; he did not say that was to be set off against my account with Mr. Brownhead—I have never offered to pay him—he has never applied, and I do not consider it a debt.
Q. Did not you consider it a debt when he had paid 9s. to your witnesses? A. I considered it was friendship—I told him I would pay him any charge, but he did not make any—I never went into Court to give my evidence—Mr. Brownhead sent his clerk to me, and it was settled that I would not take off the 3l. or 4l.—that money was for Mr. Onions, time for going to Kingston—he one day paid for the refreshments of the witnesses, and he said he had expended 9s.
MR. BODKIN. Q. Did you ever give him authority to charge 2l. for Mr. Brownhead? A. I did not.
Cross-examined. Q. Are you still in Mr. Brownhead's employ? A. No—there was never any dispute between me and Mr. Onions, no more than that he came to me on the Friday, when I was at work, and said, "Boxhall, I have advanced your wages to 4s. a day;" "Thank you, Sir," I said—one Saturday night, some considerable time after I had left the premises, Mr. Onions said to me, "Here is 1s. for you to drink at the Bull;" that was just after Mr. Gray was discharged—I worked there two days at one time, and part of a week afterwards—I was not a regular man.
MR. BODKIN. Q. Did Onions ever tell you what you were to say to Mr. Brownhead about your wages if you were asked how much you had? A. When he said he would advance my wages to 4s. a day, he added, "If anybody asks you any question, tell him I made it up to you"—he had not made it up to me—I left on Saturday night, this was on Friday.
MR. PARRY. Q. Did you receive 24s. that week from Mr. Brownhead? A. I did on Saturday night—I received 3s. 6d. a day the first time; that was after he had given me the 1s. at the public house—I have no claim on Mr. Brownhead now—he never made it up to me—it was Mr. Brownhead who paid me—it was a fortnight or three weeks after I left, he gave me the additional 1s. to drink.
MR. BODKIN. Q. What time was it when you first began to work there; in what month? A. I'm blessed if I know; I do not keep an almanack in my head—I am not frightened, but what I says is the truth—it was about
Michaelmas, or a little before—some weeks I did not work there lit all—I worked about three weeks there, on and off—I was not there at Christmas—I was there the first time four or five days, for which Mr. Onions paid me 3s. 6d. a day—I think the second time I worked for two days, but cannot say exactly—I was paid by Mr. Onions for those two days, at 3s. 6d. a day; the last week I was paid by Mr. Brownhead—Mr. Onions was in the counting house when I was paid—I had never received 4s. before.
(The prisoner received a good character.)
GUILTY on all the Counts except the 8th and 9th. Aged 46.— Confined Four Months.
PLEADED GUILTY. Aged 31.—He received a good character.—Recommended
to mercy by the Prosecutors,— Confined Eighteen Months.
Before Mr. Baron platt.
MESSRS. CLARKSON and BAYLEY conducted the Prosecution.
ELIZA ANN HIGHTON . I am a widow, and carry on business as an ironmonger, at Conmore-place, North Brixton. On 11th April the prisoner came and handed me this order—(read: "Half gross of screws, inch and half inch. J. Mallet.")—I had seen him previously, in Mr. Mallet's employ—I served him with the screws, and he gave me this 5l. note (produced)—I gave it to my son, and he went out to get some change while I attended to another customer—he came back, and I gave the prisoner his change, and then looked at the note—I did not like it—I said to the prisoner, "Wait a minute," and went to my next door neighbour to ask his opinion upon it—I was not gone more than two minutes, but when I came back the prisoner was gone—I then sent my son to Mr. Mallet's, and gave information to the police.
Cross-examined by MR. ROBINSON. Q. How long was it before you saw the prisoner again? A. A fortnight afterwards, at the police court—the officer Tapping, I think, pointed him out to me, and I recognised him—I am quite sure the prisoner is the same man; he was in the shop five minutes.
MR. CLARKSON. Q. What did the officer say or do when you say he pointed him out? A. I was sworn, and the man was brought before me—I was sworn before I saw the man—the prisoner has been at my shop before, I cannot say how many times—I have known him more than six months, it may be twelve months—I recognised him when he came as being in the service of Mr. Mallet.
WILLIAM HIGHTON . I am the son of the last witness—I was not in the shop when the prisoner came on 11th April, but I came in while he was there—I saw my mother supply him with goods—I took a 5l. note, which my mother gave me, out to get change; I could not get it, and returned with it, and gave it to my mother,—I had seen the prisoner there before that several times; I cannot say how often, but I have not seen him these two yean—I recognized him when he came is, and am sure he is the man.
JAMES MALLET . I am a builder, of St. Ann's-row, Brixton-road—I know the prisoner; he has been occasionally in my employ for the last eight or ten years—I cannot exactly tell when I ceased to employ him, but
I find his name on my books within the last two years—I have not employed him within the last six months—I did not write this order, or authorize it to be written, nor did I want any screws.
JOHN DOCKREE . I keep the Beehive, Carter-street, Walworth—on Tuesday, I think it was, 4th April, the prisoner came to my house, and asked for two bottles of the best port wine, and change for a 10l. note—this (produced) is it—he said it was for Mr. Cook, the builder, whose office is in the neighbourhood, and for whom I have cashed cheques before; I gave the prisoner the wine and 9l. 10s. or 11s., and he went away; I sent my servant to follow him, having a suspicion, and put the note in my cash box until about the 15th, when I paid it to one of the collectors to Nicholsons, the distillers, Mr. Bouts, and saw him write my name on it—it was returned to me on the 17th as forged—I am sure this is the same note.
Cross-examined. Q. You did not tell Mr. Bouts that it was bad? A. No; but I had a suspicion of it—I had had it in my possession nearly fourteen days—I go to my cash box about "once a week for notes—there were eight or ten 5l. notes there—I did not count the other notes when I put this one in, but there was no other 10l. note there from the time I put it in till a fortnight after; I am quite certain of that—it was a remarkable thing that I only had 5l. notes; I generally have tens, twenties, and fifties; the reason was, that I had cashed cheques for my neighbours, and I like to have 5l. notes because they are more handy—that month there were nothing but fives—I am married; my wife never goes to the cash box, because I have two houses, and she keeps one and I the other; I keep the key of my cash box in my pocket, and she has her cash box at the other house.
COURT. Q. Can you say whether, during the period that elapsed between the 4th April and the collector's clerk calling, you had cashed any cheque for your neighbours? A. I might have, but I did not cash them with 10l. notes as well as fives, as I had no other 10l. note.
JANE BURK . I am in the service of the last witness—I remember seeing the prisoner at his house about five weeks ago, between 6 and 7 o'clock in the evening—I cannot tell the date—I do not remember what he had at the bar—in consequence of what my master told me, I went to the door to see which way the prisoner would go—I followed him about a quarter of a mile, in a direction away from Mr. Cook's, the builder's, I then turned back and told my master—I next saw the prisoner in Horsemonger-lane Gaol—I distinguished him myself, and am able to say he is the man.
Cross-examined. Q. You had never seen him before? A. So—I did not see his face while I was following him—he was not pointed out to me in Horsemonger-lane Gaol—there were three or four persons in the prison, inside the bars, and I pointed him out.
WILLIAM COOK . I am a builder, of Annerley, Surrey; my offices are in Lorrimer-square, Walworth, about 300 yards from the Beehive—I do not know the prisoner—I did not send him to Mr. Dockree's for wine, or for change for a 10l. note.
THOMAS TAPPING (policeman, P 285). On 12th April I went in search of the prisoner—I was watching for him till the 19th, and then saw him come out of a house in Prince's-court, London-road, between 3 and 4 o'clock in the morning—I asked him his name; he said, "My name is Smith"—I said, "I think not, I think your name is John Rovan; I am a constable, I come to take you into custody for passing a forged 5l. bank note at Mrs. Highton's, in the Brixton-road, a week ago last night"—(I was not in my uniform)—he said, "Me! I never passed a 5l. note in my life, and
should not know one if I were to see it; I wish I did"—I then took him to the station.
Cross-examined. Q. When you saw him coming out, did you run over to him? A. I was standing outside the door, and as soon as the door was opened I got my foot between it and the doorpost, and took him—I was not on any beat, but on special service—I belong to another division.
WILLIAM WYBURN . I am one of the inspectors of bank notes, at the Bank of England. These two notes are forged—the dates in each are put in with the same instrument—the signature is put in with a pen, over an engraved line—they are both from the same plate.
GUILTY. Aged 32.— Judgment respited.
Before Mr. Justice Cresswell.
MR. O'BRIEN conducted the Prosecution.
ELLEN DOYLE . I was in the service of Mr. Savill, in April last, at No. 7, Somerset-place, Camberwell; the prisoner was my mistress, she was the mother of a girl and a little boy, between three and four months old On Saturday morning, 18th April, I was in the kitchen with Georgiana Savill, the prisoner's niece, who was nursing the baby—the prisoner came down, took the child, and went out into the garden with it, saying that she was going to give it the breast—her eyes seemed very queer to me—she remained in the garden about a quarter of an hour; she then Came back with the child, with a shawl wrapped round it; I could not see whether it was dead or alive—she went up stairs into her bedroom; I do not know how long she remained—she came down, and went out—some time after that I thought I heard the child cry—I went up to the bedroom, and found the door locked—I went down, and got the key of the parlour door, which unlocked the bedroom door—when I first went in I did notice where the child was; I then saw it, with its face and hands in a basin of water—I felt it, it was cold—I screamed out, and the grandmother, who was staying in the house, came up—it was about three quarters of an hour from my mistress going out, to my going up stairs to seek for the child.
Cross-examined by MR. PARRY. Q. She suckled this baby? A. Yes—she was very fond of it—she had one other child, a girl, three years old; she was fond of it—I had lived there five weeks when this happened, but I had known the prisoner before that—she was always very kind and affectionate to her children—I have seen her kiss them, and so on.
ELEANOR PURSELL . The prisoner is my granddaughter—I was staying at her husband's house on 15th April—she came into my bedroom about 8 o'clock on that morning, and said she was going out to chapel—I did not notice anything particular about her then, but on the night before she complained much of her head—her brother was present, and she put her hand on her head, and said she felt bad in her head—about 9 o'clock I heard the servant scream out—I went up stairs, and found the child in a basin of water.
Cross-examined. Q. Used she to behave fondly and affectionately to the child? A. I always thought she was very affectionate, both to the baby and to the other child—she is naturally of a very kind disposition indeed.
JOHN COOPER . I am a builder, living at Camberwell; the prisoner's husband is a tenant of mine. On 15th April, about 11 o'clock, I was called by Dr. Clunie to the prisoner's house, and saw her there—she said she had drowned her child—(the child was up stairs then)—I asked her what for,
but she would not give any reason, only that she thought that it would be better off to be in heaven—she appeared quite beside herself, in a state of madness, and said that some persons, pointing over her shoulder, persuaded her to drown the child, and that she said, "No, I cannot do it;" and they said, "You must do it"—her husband was there at the time.
Cross-examined. Q. Had you occasion to restrain her once? A. About eight or nine days previously she was in a state of madness, I was called in and had to tie her hands behind her to restrain her—she begged me to unloose her; I did so, and she got out into the street, and ran up into the Walworth road—a large crowd got about her, and she was brought back—I am quite satisfied that she is not herself-—after that I was obliged to pinion her up again, and employed two men to wait three or four hours till her husband came home.
WILLIAM CLUNIE , Esq., M. D. I live at Southampton-street, Camberwell. The prisoner has been a patient of mine for about seven months—on 15th April, about 11 o'clock, I was brought to her husband's house, and saw the deceased child, which in my opinion had been killed by drowning—the moment the prisoner saw me she exclaimed that she had drowned her child—I asked her why she did it; she said that it had been so neglected, and that voices were continually crying to her that she ought to drown it, and that when she attempted to do so, other voices cried out, that she knew she ought to do it, but that she was too great a coward, and with that she drowned the child; put it into a pail of water—my opinion is that she was quite insane at the time—I have frequently before observed symptoms of insanity in her conduct.
Cross-examined. Q. I believe she was very kind to the child, according to your observation? A. Very kind—it is quite a delusion of her's that it was neglected—she appeared also to be labouring under some strong religious feeling; she told me she thought she was eternally lost, and when she attempted to pray, innumerable voices told her that they could call upon the name of Christ as well as she, but that she was lost, and it was of no use for her to do so—she is a Roman Catholic.
NOT GUILTY. being insane. — Ordered to be detained till Her Majesty's pleasure
MR. COOPER conducted the Prosecution.
MARY DAVIS . I am single, and have lived with the prisoner as his wife for four years and a half; we lodged in April, at No. 3, Edward-place, Walworth-common—we had a room there—he is a shoemaker—on the Friday night before, 2nd April, he came home between 7 and 8 o'clock; he was not quite so tipsy as he was on the Thursday—on the Saturday he did not go out, and we both went to bed between 11 and 12 o'clock; on the following morning, Sunday, I got up between 8 and 9 o'clock—he did not break-fast with me that morning—he appeared to be very stupid after breakfast—he took up his shoemaker's hammer, and kept on saying that there was somebody in the room going to injure him—there was nobody but me in the room—he stood in the doorway with the hammer and a knife in his hand, for two hours—in the evening he asked me to take him to a doctor, and I took him to Mr. Simmons, of Hourglass-lane—on our return, I put a mustard poultice on the back of his head, as I was ordered by Mr. Simmons, but he would not let it stop on—we went to bed between 11 and 12 o'clock, he still appeared just the same, and in about half an hour I went to sleep—I was
awoke by his getting out of bed; he went to the fireplace and barricaded it with two chairs, and a cloth over them—he was not in the habit of barricading the door, but I was, and in the same manner, as there was no fastening—he afterwards removed the chairs, and barricaded the door—he had a hammer in his hand, and kept on saving that there was somebody coming into the room—I said nothing—he wandered about the room, and then he sat still—he kept on saving that there was somebody coming, and I said there was only me in the room—he then flew at me saying, "Hezre they are! here they are!" and struck me on the head with, the hammer; and after the first blow I felt nothing more—I came to myself and saw him go out for a knife—I screamed out, and then flew to the door, knocked the chairs out of the way, and met Mr. Martin in the doorway—I was covered with blood—I went to my aunt's, and then to St. Thomas's Hospital; I was there a month, and have been out a week—I have no children.
WILLIAM MARTIN . I am a cabman—the prisoner, and Mary Davis lodged at my house, No. 3, Edward-place, Walworth common—on Sunday morning, 2nd April, about 9 o'clock, the prisoner came into my bedroom, and said, "My head is very bad," and I said "I am very sorry for it"—he went back to his room in a minute or so—between 12 and 1 o'clock I saw him on the landing with a hammer and a knife in his hand; he said nothing to me, nor did I to him—between 5 and 6 o'clock in the evening I saw him again—mine is the next room, and during the night I heard my name mentioned, "William Martin, he will murder me; for God's sake, he will murder me!"—I went to the door, and said, "If you will open the door, I can render you assistance, while you keep it shut I cannot; if you do not, I will break it open,"—after that it was opened, and Mary Davis ran past me in a wretched state, covered with blood—the prisoner followed her about half a minute afterwards, with a knife in his hand—he came into our bed-room—I and my wife got hold of him, got him into his own room, and my, wife went for a constable—I had never seen him ill treat her before.
EDWARD FISHER (policeman, A 465). I was fetched to No. 3, Edward-place, and found the prisoner in Martin's charge, in the first floor front room—I asked him what made him assault his wife in that way; he said, "I have done it"—this hammer (produced) was on the floor with a deal of blood on it—I asked him if he had done it with this, and he said "Yes"—I took him to the station—he was very calm when I got into the room, and seemed to understand what I said perfectly well—at the station he said, "I knew perfectly well what I was about; she did not give me the least provocation; she is a very nice woman."
ROBERT MELVILLE (policeman, P 7). I was acting inspector at Lock's-fields' station when this prisoner was brought in—I saw the woman, and then returned to the station, and said to the prisoner, "You have done a pretty thing, you have killed that woman"—he said, "She is not dead, I tope; I hope not, if she is, I am sorry for it"—after the charge was entered, I read it over to him, and he said, "It is all my fault; she is an amiable woman: the best of women."
JOHN HARVEY SUTCLIFFE (affirmed). I am a medical student—on 3rd April I attended at St. Thomas's Hospital, as dresser to Mr. South—Mary Davis was brought there that morning—I examined her head, and found twelve or thirteen severe contused wounds on the scalp, such, as this hammer would produce—she was under my care four weeks—she has one wound which is not quite healed yet—they were dangerous wounds—I did not detect any fracture of the skull.
The prisoner's statement before the Magistrate was here read, as follows: "I have no knowledge of striking her, nor any provocation on her part, nor why I should do so."
Prisoners Defence. I beg for mercy; I had been drinking the whole of the week, and had eaten no food the whole week from Sunday to Sunday, nothing but ale and spirits; I had no occasion to injure her; I would sacrifice my own life for her if I had cause; she has been a good partner to me in every shape; on the Sunday morning I begged her to fetch a surgeon to me directly I awoke; I never felt so ill in my life; she said, "You will be better bye and bye," and at last I found that my senses were going entirely altogether; sometimes I don't have half a pint of beer in a week, and then I break out and go to the extreme; I had delirium tremens some time ago; I went round to her aunt's on the Sunday evening previous to going to the surgeon, and they gave me some gin there.
COURT to MARY DAVIS. Q. Did you go to your aunt's with him on the Sunday evening as you went to the surgeon? A. Yes; and when there he sent for six pennyworth of gin himself, and drank one glass; he has struck me a blow before.
GUILTY. Aged 30.—Recommended to mercy by the Prosecutrix. — Confined Eighteen Months.
MR. PARRY conducted the Prosecution.
CATHERINE TUCKKR . I know the prisoner, she is the wife of my son Charles Samuel Tucker—they had a little girl, four months and a few days old—on Saturday night, 8th April, I was very poorly, and my son gave me an asylum in his house; I went to bed at 8 o'clock—the little girl, whose name was Catherine Sarah, was then in her mother's arms, and in very good health—the prisoner appeared sober—I had seen her husband go out, and heard him tell her she was not to go out, only to buy two or three things—I went to sleep, and was awakened by a great noise in the house—I partly dressed myself, went down stairs, and saw the prisoner lying on the mat, and a policeman and several people outside the door—I spoke to the prisoner, but she made no answer; I said, "Emma, where is your baby?" a woman in the passage said, "The baby is outside, in a woman's arms"—it was afterwards given to me by some one, and I took it up to bed, leaving the prisoner on the mat at the foot of the stairs; she seemed to be asleep, but I suppose that was from liquor; I did not perceive she had been drinking—my son came home about three quarters of an hour afterwards—I heard him say to his wife, "What are you doing there, go up stairs"—I did not hear what she said in reply—about twenty minutes after that I was called into the room, and found the prisoner there—my son said the baby was very ill, and he thought it would die, and begged me to fetch a doctor—I took the baby to Mr. Roberts, and had it on my lap while he examined it—I have never heard the prisoner threaten the baby; when she was sober she was very fond of it.
Prisoner.—I am very sorry for it.
MARY M'NAMARA . I live with my father and mother, at 15, Norfolk-street, Southwark Bridge-road. On Saturday night, about half-past 11 o'clock, I saw a baby in a woman's arms in Norfolk-street, at the person's door—I do not know the number—she asked me if I knew the person the baby belonged to—I could see the prisoner sitting in the passage at the
bottom of the stairs, and the person who had the baby said the was very tipsy.
FREDERICK DREWITT . I am the parish constable. On Monday morning, 9th April, I received information and went to 19, Norfolk-street, about 10 o'clock—I saw the prisoner; she told me that she went out on the Saturday night, about 9 o'clock, with the child; that she walked about in different places, went in one or two public-houses, and got a little fresh; that when she came home, in trying to undo the street door the key went rather stiff; the child either fell out of her arms or she dropped it, and she had no further recollection of what took place after that.
THOMAS ROBERTS . I am a doctor of medicine, surgeon and apothecary, of 40, Bridge-street, Borough,—on this Sunday morning, about 10 minutes to 3 o'clock, the child was brought to me by Mrs. Tucker—it was in a state of collapse; I found a swelling on the right side of its head with discoloration of the skin extending from the right to the left side—it died in about three quarters of an hour; in my opinion, from concussion of the brain—a blow on the side of the head of a child of those tender years would be sufficient to account for the concussion of the brain—if it had fallen out of its mother's arms it might have received such a blow as I saw; or if the mother and child had fallen together and it same in contact with any blunt object, it might produce it.
NOT GUILTY .
Before Russell Gurney, Esq.
JOHN READING . I keep the post office at Kingston. On 27th February, the prisoner, who I have known five or six years, brought me this cheque (read: London, 9th Feb., 1854, pay Mr. Jones or bearer 9l. 7s., James Brout; endorsed James Donovan and John Richards)—he represented that it was sent to him by his father at Cork, in Ireland—I told him that having known him five or six years I should have no objection to cash it after inquiries, and I advanced him a few shillings, and let him have goods to the amount of 24s. or 25s.—I passed the cheque through the London and Westminster Bank, and it came back to me—the prisoner was in the habit of calling from day to day, to know if it was correct; I told him that it was not—he said his brother in law was in very good circumstances in Ireland, and would send him 100l. if required.—I advised him to go to his mother in law, who this cheque was first sent to—he came back next day, or the day after, and brought me this note (produced) and said it was from his mother in law in London, and that he had been to the Bank of England, and if he had had the cheek with him there would have been no difficulty—(note read: "March, Michael M'Carthy residing in the parish of Ardfield, in the Barony of Carberry Court, send a cheque, payable to James Donovan residing at Kingston, payable to him at the Bank of England for 9l. 7s.") I retained the check, made some inquiries, and afterwards told the prisoner it was wrong, and tore the cheque in three pieces and threw it at the back of my counter—he said—"And faith, now, Mr. Beading, if you will let me have those pieces again to show to my sister in law to let her know what trouble she might get into." I let him have them—that was on 30th March.
THOMAS ASHTON . I am assistant to Thomas Hide, of High-street, Wandsworth. On 1st April the prisoner came and selected a pair of trowsers and a waistcoat, and presented the cheque in payment which has been
produced—I asked him where he got it—he said, from his sister, in Ireland, Mrs. Jones—I called my employer, who said it was a worthless affair, and gave the prisoner into custody.
SAMUEL DAVID EWINS . I am a bookseller, of Ave Maria-lane. In the middle of Feb. last I lost two blank cheques—I have compared the one found with the counterpart, and am able to say that it is one of them—I do not know the prisoner—I cannot say whether it was after 9th Feb. that I lost it, as I did not know I had lost it till they sent from the Bank to see my cheque book, and then they told me that I had lost it; I did not know it till April—I generally keep a blank cheque in my pocket book.
Prisoner. I have nothing to say, but that I received it.
GUILTY . Aged 43.— Confined Three Months.
MR. PIERCE conducted the Prosecution.
GEORGE WILLIAM CALENDER . I am a surgeon, of St. Bartholomew's Hospital. On 21st April last, the prosecutor, Joseph Tinnuci, was brought to the hospital—I examined him—his face was much swollen, and very badly bruised—there were bruises round the left eye—the left eye was also badly bloodshot—there were contused wounds on the left cheek, nose, and lower lip—he remained in the hospital till 28th April, when he was discharged—I am not able to state the depth of the wound on the nose—it was partially healed when I saw it—it was about three quarters of an inch long—from the nature of the wounds they were inflicted with some blunt instrument, not a cutting instrument—they were not dangerous, with care—without care they might have been.
JOSEPH TINNUCI . I am a moulder, employed at the Crystal Palace, at Sydenham. I remember leaving the Crystal Palace on Tuesday, 25th April, it was about 7 o'clock—I came out of the gate near Sydenham, near the pump—when I got to the visitor's gate, I saw Giardelli and Bianchi—Bianchi said to me, "How do you do, it is a very long time since I have seen you?"—I said, "What brought you up here?"—he said, "I came up for a spree"—Giardelli was with him then—I said, "It is too late for you to come for a spree"—we had a pot of beer at the White Swan—there were four of us that drank the beer—one was Giardelli—we had nothing more than that pot of beer in the White Swan—when we came out of the White Swan, we went towards another public house lower down—we had some beer to drink at the second house—I do not know how much—I did not taste it—I was quite sober—after we left the second house, I did not observe anything in Giardelli's manner that attracted my attention—he was very steady at that time—we went towards the Annerley station—that is where I lodge—it is the next station towards Croydon, from Sydenham—when I passed the Victoria Hotel, Giardelli began to skip about, and began to ask me for my son—I said he was gone home to have his supper—it was past 9 o'clock, and it was very dark—Giardelli left my
arm—he threw me down—I am quite satisfied he was the man that threw me down—Bianchi put his knee on my stomach, against my side—just before Giardelli threw me down, there was nothing said by him to me—Bianchi said to me, "I have got something to tell you"—I says, "What is it?"—he says, "Don't you think you should be ashamed of yourself to treat a man in the manner you have Mancarini?"—I says, "I have not," and the answer he gave to me was, "We have come from London to serve you out; you b—y b—r, your life is in my hands this night"—those words were used by Bianchi—it was directly after those words were used by Bianchi that Giardelli threw me down—I was not aware of it—Giardelli did not say anything to me, only about my son—he was wanting my son—he did not say anything to me personally—I cried out, when Giardelli says to Bianchi, after he hit me, "Rip up the b—r, and have done with him"—they inflicted injuries upon me, all over my face and my head—they knocked two teeth out of my mouth, and cut me in several places (pointing to them)—he kicked me with his boots, and hit me with his fist—Bianchi inflicted these injuries on my face—Giardelli was behind me at the time the injuries were inflicted—I cried out—two men came to my assistance, and took me to the Rising Sun—I washed my face there—I had six handkerchiefs full of blood, and my clothes were covered with blood—I went to a doctor in Norwood, and he could do nothing to me—he strapped my nose up, and told me to go to London as quick as possible to the hospital—I went to St. Bartholomew's Hospital, and there I saw Dr. Cullender—I was under his care eight days—I did not see Mancarini there that night—I knew him.
Q. Shortly before this assault, had you any quarrel with Mancarini? A. Why, it was nothing at all.
Giardelli At the time he got his beating I was not there at al. Witness. I am sure Giardelli is the person.
Cross-examined by MR. LILLEY. Q. Was there not a man named Fernei with you? A. Yes; he left at the corner of the hotel—he was with me when I met Bianchi and Giardelli—when we went to the other public house lower down, he went to get his supper, and came after—he went with me as far as the corner of the Victoria Hotel—he did not go with me up to the time that Giardelli began to skip about—he left three or four minutes before then—I had not been drinking before I went to the Swan, not at all in the course of the day—I swear that positively—this conversation all took place in Italian—when they told me they had come down for a spree, that was in English—when they said, "We have come to serve you out," that was in English—Bianchi can speak as good English as I can—we spoke in Italian when we met—we did not continue to speak in Italian very long—we changed it for English because the men we were working in company with were English—I think they all come from some part of Italy, I do not know—we are perfectly intelligible to each other when we speak in Italian—I cannot tell up to what time we continued to talk Italian—when Giardelli began to skip about, that was after we passed to the Victoria Hotel—he is an English-man—he speaks Italian very little—he did not speak Italian to me in the course of the conversation—when something was said about" ripping up," that was in English—it was dark, but I could see very well—it was not very dark—it was starlight—there is no gas there—it was about half past 9 o'clock when I was assaulted—I was not going to town by any train—I do not think I had a tumbler to drink altogether at the Swan—I know I did not—I swear I do not think I drank half a pint.
Cross-examined by MR. PARRY. Q. I suppose he spoke in Italian to you before? A. When I met him—we had a game in Italian, just for pastime—he shook hands with me when he first met me—I do not think I am mistaken—he says he saw me one night at a raffle—I do not remember it—we drank together as friends—Bianchi says, "There are two stations here, which do you think is the nearest way?"—he said that in English before Giardelli, because Giardelli spoke English—we were half an hour together in a friendly way—I have never, to my knowledge, done Bianchi or any human being an injury—Bianchi used bad language before he knocked me down—it was in English—since that night I have only seen Bianchi when brought up before the Magistrate—I do not know the day when I saw him again—it was last week—of course I knew where he lived, or else he must tell me a story—he told me his own self—he told me how many men were going to work for him—this was not when we were playing the game—that was before—there is a person who has escaped—it was a tall man—he is gone to France—he went to France a week after this business—his name is Fernei—I know him—my son is here—this man that has gone to France had not any quarrel with my son nor me neither, nor had Bianchi.
MR. PIERCE. Q. Is this man that has gone to France older or younger than you? A. Younger—I live here—at that time I was lodging at Annerley—Fernei was the man who left me at the corner of the Victoria Hotel—he said he had to go home—Fernei was not at the White Swan.
COURT. Q. The fifth man was very much taller than either of the prisoners? A. Taller than me.
MR. PIERCE. Q. Did you know him? A. Oh yes—we had been on friendly terms—I had been to his house and had tea.
WILLIAM ANTONL . I am an Italian, and a modeller—on Thursday evening, the 20th April, I saw the prisoners Mancarini and Giardelli together, on the London side of London-bridge, going towards the station—there was a third man, but I did not know him—I could not swear that Bianchi is the man—I am quite satisfied as to the other two—I know them, I have been in their company before—it was between a quarter to 6 and 6 o'clock in the evening.
Cross-examined by MR. LILLEY. Q. Which is Mancarini? A. The middle one—I saw him at Mr. Slow's public-house, the Old Fish, in Baldwin's-gardens—I was in his company—they were on the Cheapside side of London-bridge, and they passed over the bridge towards the station—it leads towards the Elephant and Castle, and the Surrey Theatre, as well as towards the station.
JOHN WHITE . On the 18th April last, I was at the Bull's Head, Cross-street, Hatton-garden—I saw Mancarini come in—he said, "I want you to do a job for me"—we went down Leather-lane into Hatton-garden—when in Charles-street, he pointed out the prosecutor and his son—he said, "You take one, and I will take the other"—I did not take one—I said, "This is a wrong place, you had better have nothing to do with it"—we went into the Leathern Bottle, at the corner of Charles-street—we had two pints of porter there—he said, "I will give you 10s. a week if you will come to Sydenham, they can only give you two months' imprisonment, and I will pay you the money when you come out of prison "—that was on the Tuesday night, between 8 and 10 o'clock—I had known Mancarini before—he lived in Baldwin's-gardens—I remember meeting Mancarini again on the Thursday, opposite Baldwin's-gardens, about 4 o'clock in the afternoon—he said "Are you coming to Sydenham to-night?"—I said, "No; I will have nothing to
do with it"—I saw him on the following day, Friday, at the Bull's Head—Bianchi and Giardelli were with him that day, they all three came into the Bull's Head together—Mancarini said, "We have been and done that"—I said, "Did you?"—he said, "Yes"—I said, "Where were you?"—he made reply that he was behind a hedge—as near as I can recollect, Mancarini said, "We have done it for 'em"—at the time that he said so Bianchi was asleep, sitting on the other side, on a chair—the conversation took place between me, and Giardelli, and Mancarini.
Cross-examined by MR. LILLEY. Q. What are you? A. A turner, at Fox's, the engineers, at Clerkenwell; I am not in regular work now—I have been out of work since Christmas—I was out of work at the time I had the conversation with Mancarini—I have seen Mancarini, and spoken to him many a time—it is a long while ago since I first became acquainted with him—I worked in Leather-lane, at Simpson's firm, three years and a half, and have seen a great many of them—I cannot answer how many months I have known him—there are so many about that I do not know half of them—they recognise me—I have known Mancarini ten or twelve months—I have often drunk with him—it was on the Tuesday night, the 18th April, that I had the conversation with him at the Bull's Head; he beckoned me out of the public-house—on the same night I was on Holborn-hill—it was not there he first joined me—he called me out of the public house, or I should not have joined him—when he called in at the Bull's Head, that was the first place I saw him—he was not in there a minute before he beckoned me out—we went to Charles-street—the Leather Bottle is there; it is the corner house—I did not see Tinnuci, the prosecutor, till we went down Charles-street, and Mancarini said, "There they are"—we were behind—I did not see his face—I do not know whether it was Tinnuci, or anybody else—then "we went to the Leather Bottle—another Italian was present; I do not know his name; I should know him if I saw him—I cannot talk Italian myself—they talked in Italian—I never saw the men before that day, to the best of my knowledge—Mancarini said he would give me 10s. if I would go to Sydenham, and he would see me again; he did see me again; that is all he said; they could only give me two months, and I should have the money when I came out—there were several conversations in Italian—that was all he said then—he said, "I shall see you again, and get another one to assist you"—he saw me again on Thursday, opposite Baldwin's-gardens, just by—I said I would have nothing to do with it, and that was all that passed—when Tinnuci, the prosecutor, was before, and we were walking behind, he said, "You take one, and I will take the other, "I said to him, "This is a wrong place"—on Friday I saw him in the Bull's Head, in the bagatelle room—there we had some further conversation—he did not tell me how far off the hedge he was—I suppose the hedge is always by the roadside—I get some work from Mr. Price—I am not in work; I am casually employed; if I get 3s. 6d. I am satisfied, or 4s.—I did not earn anything last week; the week before last I earned about 16s. in four days, and the week before I earned 25s.
MR. PIERCE. Q. You have been several times before a Magistrate? A. Yes, twice before a Magistrate.
JAMES FENWICK . I am a polisher, in Union-court, Holborn; I know Mancarini On Sunday, 16th April, I met him in Hatton-garden—I went into a public house with him, at the corner of Hatton-wall—I had some conversation with him about a fight—he said to me, "Look at my eyes"—I said, "Who has done that?"—I said I could whack the-man that whacked him—he says, "If you do, you can be only two months, or fined 5l.;
and if you get clear off, you shall have 5l.; and if in prison for two months, I will allow you 30s. a week"—I do not know the prosecutor—at this interview no name was mentioned, only "Paul"—he gave me the description—I knew Paul at that time by sight—he described to me the individual that had given him the black eye—from that description I knew him—I said I could whack him myself—it was the prosecutor's son.
Cross-examined by MR. PARRY. Q. You did not mean that you could whack the father? A. No.
PAUL TINNUCL . I am the prosecutor's son, and work with him at the Crystal Palace. I remember, on the evening of 20th April, leaving the Crystal Palace—I left about five minutes before my father—on reaching the gate I saw Bianchi and Giardelli—they were against the door of the entrance—they both shook hands with me, and wanted me to go and drink with them—I said, no, I had the key of the room, and had to go and get my father's supper—I was living at Annerley—I did not have beer with them—I know Mancarini; before that day I had a quarrel with him.
Cross-examined by MR. PARRY. Q. Bianchi shook hands with you, did not he? A. Yes, both of them did—Giardelli said, "That is your son," and they put out their hands, and shook hands—I was working at Augustine's then—I do not know Bianchi; I saw him once before—he asked for Augustine—when he saw me come, they hanged back, and walked with my father—I saw Tinnuci that evening before he left the Exhibition—I have seen him since—I worked with his brother—I had seen him every day for a week after—he went to France—he did not go to France till a week after any of these persons were in custody—I cannot say whether Tinnuci was with my father that evening.
JURY. Q. What trade was Bianchi? A. He works at the gas.
MR. PIERCE. Q. Did you know Bianchi before? A. I saw him once before; I had known him before—they gave him the name of Frank White—"Bianchi" in Italian is "White" in English.
GEORGE QUINNEAR (police sergeant, P 1). On 23rd April I took Giardelli into custody—I told him I should take him into custody on the charge of being concerned, with two others, in an assault on Joseph Tinnuci, at Sydenham, on Thursday last—he said, "It is very hard I should get locked up for what other people do "—that is all he said—I afterwards took Mancarini into custody—I stated the charge to him in the same manner—he said, "I should know the people; Paul owed me 3s., and I asked him for it at Mrs. Slow's public house, and he gave me no account, and I slapped his face; he came out in the street, and hit me in the face, and blacked my two eyes; that is all I know about it"—I was present when Bianchi was taken into custody—I explained the charge to him—he said, "I met Mancarini and Giardelli at Baldwin's-gardens, on Thursday last; we had beer together, and then went to Sydenham; I there saw Tinnuci; we went and had some beer, and as we were coming away towards the railway I saw Giardelli ill treat him, and I said I would not allow him to ill treat him, and I left "—he said, "I said I would have no more of that, and would not allow the old man to be ill treated; with that I left, and I met Mancarini and Giardelli on the road near the station."
Cross-examined by MR. PARRY. Q. How does Bianchi speak English? A. Very fluently.
Cross-examined by MR. PSARRY. Q. Bianchi did not say anything to you?
A. No—I know him—he has been working at the gas works for fourteen years—I believe him to be a well conducted and respectable man—all our police very much respect him.
COURT to JOSEPH TINNUCI. Q. When you were down on the ground, after you were thrown down, who kicked you? A. Bianchi—Giardelli threw me down—he said, "Rip him up, the b—r there."
Q. Was it Bianchi who put his knee on you? A. Yes.
MR. PARRY called
LOUIZE AGUSTINI . I am a friend of Bianchi's—I have known him for these fifteen or eighteen years—I never see nothing at all against his character—I was working at the Crystal Palace at this time, and remember the evening in question—I remember Bianchi coming down, because a party told me he came after me—I did not see him.
Cross-examined by MR. PIERCE. Q. Did you see him at all in the course of that evening? A. No—I only know about Tinnuci—I met him at the Woodman, and he told me Bianchi had been after me—I saw Tinnuci that night; his face was covered with blood—I went with him to the doctor's—I left off work at half past 8 o'clock.
MR. PARRY. Q. Was Tinnuci sensible when you took him to the doctor's? A. Yes—he could not tell who attacked him.
COURT. Q. Did you see either of the other prisoners there? A. No.
(The prisoners received good characters.)
GUILTY of a common Assault.
Confined Four Months.
Confined Four Months.
Confined Three Months.
PLEADED GUILTY . Aged 52.— Confined Nine Months.
MR. CLERK conducted the Prosecution.
SAMUEL LARTOR . I keep a beer shop—on 19th April, between 11 and 12 o'clock, the prisoner came and called for half a pint of porter—he threw down half a crown of the reign of William the Fourth—I put it in my pocket, where I had no other half crown, and gave him change—he left the house after he had drank the porter—in about an hour after he was gone, another man came and called for half a pint of porter, and threw down a half crown of the reign of Victoria—I put it in the same pocket where I put the first—I had no other half crown at all—I had not taken any other half crown from the time the prisoner came till the second man came—in the evening the prisoner came again, about half past 9 o'clock or a quarter before 10, he called for half a pint of porter, and threw down a sixpence, which was bad—I closed the door, and sent for a constable—I charged the prisoner with the half crown being bad that he passed in the morning—he denied passing it, and said that the sixpence was good—I gave him in charge, and gave the sixpence and the William the Fourth half crown which the prisoner had uttered, to the constable—I gave the Victoria half crown which the other man gave me, to the Serjeant at the station, the same night.
Prisoner. I deny going in his house at 12 o'clock in the day; I went in in the evening, and gave a half crown to his wife; she called her husband, he gave me two shillings, and the rest in coppers; I went again, and had half a pint of beer, and gave a bran new sixpence, and he bit it, and said, "I have got you now;" I said, "What is the matter?" he said I gave him a bad half crown, and that that was a bad sixpence.
GUILTY . Aged 24.— Confined Nine Months.
Before Mr. Recorder.
MARIA CROSSLEY . I am single, and live at No. 4, St. Andrew's-terrace, Waterloo-road. I am unfortunate—that house is not mine; I have one room in it—I had the key of it from the landlady, Mrs. Rackham, but I never took the key out with me—I came home about half past 2 o'clock in the morning on 8th April—I had gone out about 10 o'clock—when I returned to the house I found the street door open—other young women lodge in the house—the street door shuts, and if you pull a string which is outside you can get in—I don't know whether there is a lock—when I got into the passage I heard a rustling of some one coming down stairs—my room is the top room on the second floor back—I called my landlady to give me some Lucifer's; she gave me some—I struck a light and went to where I had put my key, and I found it there under the carpet and hearth rug, which are in the passage—I lit another Lucifer, and saw that the door of my room was open—I went into the room to look for the candle, which was removed, and I saw that my bonnet was removed—I looked in a box, and I saw my boots, hair brush, comb, and some other things, wrapped in an old petticoat, and my dress wag gone out of the box—I had left my candle on the wash-hand stand—the candle had just been blown out; I could tell that by the redness of the wick—I looked under the bed, and saw the prisoner there with my clothes on—I had to drag her out by myself; nobody helped me—I said, "You cruel creature, you have robbed me"—she said, "Don't call a policeman, and I will tell you who put me on to your room"—I told her I would let her go if she would tell me who put her on to my room, but she could not tell me any one—we had a hard struggle, and I called out—she took up a knife from a table close by her, and said if I did not let her take the clothes off before any one came she would stick it into me—she had got my silk dress pinned round her, a shirt, and a flannel shirt and a pair of drawers tied round her under the silk dress—she was dressed, and she had her bonnet and shawl on ready to go out—we struggled very hard—my landlady came in ten minutes, and she saw the prisoner take the flannel shirt and the shirt over her head—after that the prisoner went down—I could not help it; she was too strong for me—she went down and called for the police; three policemen came—the landlady had called the police before, and when the prisoner got to the door there was a policeman there—the prisoner wanted to give me in charge for an assault, and I told the police I would give her in charge for a robbery—one of the policemen brought her up stairs and saw my room—she wanted to go away then—this cotton shirt was torn down by the prisoner struggling—all the things were taken off her before she went down for the policeman—there
was no man there during any part of the time—no man lives in the house—this shirt belongs to a young man who comes to see me occasionally—he asked me to wash it for him, and to mend his flannel shirt—I am certain there was no young man in the house that night—it wag not after this struggle with her that I found my key—I went for my key when I first went up stairs, and I found my door was open—I have been examined before about this—I put my signature to this deposition—I heard it read—I did not take much notice of it.
Q. Did you not say "I left my key under the carpet, and I found it there after this was over?" A. No, that is incorrect; I went for my key directly I went home, and found it there—I did not know the prisoner before; I never saw her in my life—I had not met her in Waterloo-road that evening—I did not offer to let her come home to my house; I never admit any one to my home, except one gentleman, who is very good to me—it is not true that the prisoner went home with me, and that I wrapped her in my bed-clothes; nothing of the kind—it is not true that I locked her in my room, and went out—there was no one in my room when I went out and locked the door—it is not true that there was a man there, and that the prisoner said, "Who have you got there?"—I never heard her repeat the words—she and I had a fearful struggle: I believe I scratched her face a little—I wrested the knife from her, and she cut me across the hand—there was no man there who said "We have her in our power now, and we will lag her if we can."
Prisoner. Q. Did you not know me? A. No, I never saw you that I know of; I had not seen you that night—I did not have a young man up stairs, only the two policemen.
Prisoner. There was a young man outside talking to her, which my witness will prove, and he said, "Give her a good whacking, we have got her now, pitch her down stairs." Witness. No, there is no truth in that—there was not a young man there who said "Strike her with the candlestick"—there was never that word made use of.
CHARLES REID . I was a police constable, but I have left the force—I was called to the house in St. Andrew's-terrace, and saw the prisoner outside the house; she said she would give the prosecutrix into custody for assaulting her—I took her to the prosecutrix, who was inside the passage, and she said she had robbed her—I took her in charge—the prosecutrix's hands were bleeding from a cut with some sharp instrument, and the prisoner was bleeding from both face and hands—I went up stairs and found the room in confusion—these things were on the floor—this cotton shirt is tied together, and this flannel shirt is tied together—these boots, bonnet, and dress I took, and the magistrate allowed the prosecutrix to have them—when I went in the room they were on the floor; they were given to me from the floor—the prisoner said she had been taken there by the prosecutrix, and I think she said she was drunk when she was taken there.
SARAH SHUTTLEWORTH . I live at No. 4, St. Andrew's-terrace; the owner of it is Mr. Charles Rackham, my son in law. I am taking care of it till it is let—he does not live there—it is let to young women of the town—the prosecutrix went out that evening about 10 o'clock—she generally goes out about that hour—I shut the street door that night at 12 o'clock—I shut it every night at 12 o'clock—it is always open at other hours from morning till night—I remember the prosecutrix coming to me that night about half past 2 or a quarter to 3 o'clock; she awoke me up—I was asleep—she asked me to give her some lucifers, as she heard some one rustling on the
stairs—when she got up I heard her call out, "Mistress, mistress! call a policeman, I have been robbed!"—I went to the door, and called, "Police!" but no policeman came—I waited a little longer, and the prosecutrix called out, "Every thing I had is gone"—she afterwards hallooed out, "Here is a person underneath the bed with all my clothes on her; call a policeman"—I called a policeman again—I observed the state of the bed clothes when I went up—the white counterpane and the sheets were rolled up in a bundle under the bed.
Prisoner. Q. Did you see me have these things round me? A. Yes; I saw you take this flannel shirt off you.
COURT. Q. Did you see any young man in the house? A. There was not a young man in the house till the policeman came.
CAROLINE WEBB . I was with the prosecutrix that night—I met her in the Strand, and went home with her—we heard the chimes go half past 2 o'clock, just as we passed Waterloo church—I went with her to her door—I live at No. 3—I stood by the door to wish her good night, and she said, "O my gracious me, our door is wide open"—it was open—she went in, and I went in my house, and in about three minutes I heard screaming—I opened my window, and saw Mrs. Shuttleworth come out in her night clothes and call, "Police!" but no one came—she went in and came out again, and called, "Police!"—I saw the prosecutrix come out, and she spoke to a man outside the door—that was just before the policeman came up—I do not know what became of that man.
Prisoner's Defence (written). I am perfectly innocent; my prosecutrix met me in Waterloo-road, near Victoria Theatre, between 9 and 10 o'clock on the evening previous to her giving me in custody; I was in liquor, and afraid to go to my own home; she asked me if I would go to her room and lie down, as she was going to be out a little longer; I gladly accepted her offer, thinking her very kind; we then went home together; I laid on the bed, and she wrapped the bedclothes around me, locked me in, and went out again; I heard nothing more of her till I was awoke by a blow on my arm; on looking up, I saw it was a young man whom I have frequently seen with her; he swore in a dreadful manner, and asked her who she had there; she then said, "It is no one particular;" she got a light, and when the man saw it was me, he kicked me; I said I would lock him up, when she struck me, and using bad language, asked me if I would lock him up, if so, I should lock her up too; with that she struck me, and scratched my face; on hearing the noise her landlady came out, and asked what was the matter; my prosecutrix said she found me in her room, with some of her things ready to take away; I heard the man say, "We have her in our power now, and we will lag her if we can," meaning transport; with that he told her to swear I had robbed her, saying I had once done them a turn, and now they would pay me; he then left the house, and I saw no more of him, but I have since heard he is well known by the police; I am perfectly ignorant of what I am charged with, for instead of my robbing her, I had 5s. in my pocket when I went into her room; but on being searched at the police station I had but 6d.; I assure you, my lord and gentlemen, that I am innocent, which I trust you will see.
COURT to CHARLES REID. Q. Did you see any young man? A. There was one talking to her when I came up, outside the house.
(The prisoner received a good character.)
NOT GUILTY .
ADJOURNED TO MONDAY, JUNE. 12TH, 1854