CENTRAL CRIMINAL COURT.
SIDNEY, MAYOR EIGHTH 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, June 12th, 1854.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. FAREBROTHER; Mr. Ald. HUNTER; Mr. RECORDER; Mr. Ald. FINNIS; Mr. Ald. KENNEDY; and Mr. Ald. ROSE.
(For the Cases of "George Reid" and "Rerbert Croft Ryland," tried this day, see Surrey Cases.)
NEW COURT.—Monday, June 12th, 1854.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. KENNEDY; Mr. Ald. ROSE; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fifth Jury.
HENRY PLUMB . I am errand boy to Mr. James William Watts, a gutta percha manufacturer, No. 27, City-road. On the Saturday before the 29th April, I was directed to take some capes to No. 9, Beehive-passage, Leaden-hall-market—I there saw Mr. Smith; I asked for Mr. Gillman, but was not able to see him—I was not able to obtain the money for the capes—in consequence of that I took them back to my master's—a man then came to my master's shop, and I was sent again to Beehive-passage; I took six capes, and I waited there a quarter of an hour—I then saw Newman; he asked if they were the capes that were brought for him to look at—I said, "yes"—he looked at them, and gave me back the highest priced one, and the lowest priced one—we went to the Cape of Good Hope public house, and the other prisoner, Staines, came there, and they looked at the four capes—I then folded them in a separate parcel; I took them with me, and Newman said they were for his brother, and he and I went to lime-street-square—I
waited there while he went, as he said, to show them to his brother—he went and came back, and said his brother was at dinner, and we were to go Again in ten minutes—we went to the public house again, and Newman went out and came back—we waited till about a quarter to 9 o'clock, and I spoke to them about making haste as it was getting so late—we then went to Lime-street-square, and I gave Newman the parcel containing the four capes—I waited while he went with them to a house, and the other prisoner called me down a court, which leads from Lime-street-square to Fenchurch-street; he went to a public house—I would not go in—I ran back to Lime-street-square, I could not see Newman—I knew he went to two houses, No. 2, and 3; I knocked at one door, and they said there had been no such person there—I ran back to Fenchurch-street to the public house, and the other prisoner was gone—when I gave the capes to Newman he went to one of those doors—he said he would not be a minute, he was going to show them to his brother—I had not said anything to him about the money for them.
Newman. Q. What did I say to you? A. You asked if they were the capes brought for you to look at.
COURT. Q. While he was present, was the name of Gillman mentioned? A. No.
GEORGE RUSSELL (City-policeman). I received information a few days after this, and went to No. 11, Baldwin-street, City-road; I found Newman there—my brother officer told him he was charged with stealing four capes—he said, "I did not steal them, I sent two back, and the other two are there"—I said he had pawned them, and redeemed them—he said he had, and he should have sent them back, but he was going to sell them to a gentleman for 4l.—his wife had denied him, and he must have heard it for he was in the next room.
JAMES WILLIAM WATTS . I keep a gutta percha warehouse. On 22nd April, I received this note, signed J. Gillman—in consequence of this I sent Plumb with the six capes, two of them were brought back—the first two of he six, and afterwards two others were brought back—I had not known Newman lately, fourteen or fifteen years ago I knew more of him—I do not know his handwriting.
CHARLES ROBERTS . I have known Newman about six months—on Friday, 29th April, he gave me a parcel to take to Finsbury-pavement—he went with me and showed me where the place was—it was at Mr. Watts's—I took the parcel—he told me to state that I brought it from Mr. Gillman, in Leadenhall-market, and if Mr. Watts would send the bill by 3 o'clock, to Mr. Smith's, Mr. Gillman would be there; if not, Mr. Hughes would be there and pay it.
JEREMIAH GILLMAN . I carry on business at No. 9, Beehive-passage. I have seen Newman once or twice—I have never seen him write—this order is not my handwriting—it was not written by my authority—it is on one of my bill heads—I do not know the hand writing—there is no other person named Gillman at the same address.
CHARLES SMITH . I am a salesman, at No. 9, Beehive-passage. I know little of Newman, I have known him a month or six weeks; the witness Plumb came to my house on the 22nd of April with a parcel—he said he brought some capes for Mr. Gillman—some time after he came again, and brought a parcel—Newman came and looked at the capes, and Plumb and he went out together—about an hour and a half, or two hours afterwards, I saw Newman pass by the shop at some distance, with a parcel under his
arm; he made some observation, whether, "Good night" or, "All right;" or, "I have got them;" or something of that sort—I could not tell what, I was busy in the shop—he was alone.
Newman. Q. Did I bring it? A. I do not know whether you are the man that brought it.
WILLIAM EDMONDS . I am an officer, I was with Russell—I took both the prisoners; I told Staines that I charged him with stealing these capes from a boy, in company with Newman, and with enticing the boy away while Newman pretended to ring a bell—he said he wrote the order by Newman's instructions at a public house in the City-road—I showed it him, and he admitted that he did do so for the sake of 5s.—I said, "The worst is, you enticed the boy away while the other prisoner ran away with the capes"—he admitted that he went with the boy.
staines. I did not admit that I enticed the boy away. Witness. He did—he said he would not go near Newman's brother, because he had been drinking and smoking, and he took the boy down the square—(Order read: "Sir, please to send me two or three India rubber capes, one drab, the others dark; say prices; let me have them by 4 this afternoon, and oblige yours J. Gillman. 22nd April.")
Newman's Defence. Mr. Gillman gave me sanction to get goods if I could sell them for him; the other prisoner wrote the order which I sent down, as I said the money should be ready the next day at 10 or 3 o'clock; I should have cleared 10s. by them the next morning, but instead of that I was taken out of my bed on Saturday night; I had no felonious intent; if I had known any officers had been after me, I should have been out of the way.
Staines's Defence. Newman asked me to write the order; I was to have 5s. for my trouble; I asked him if he had Gillman's sanction to write the order on the bill head, and he said he had.
COURT to CHARLES SMITH. Q. Have you ever seen Newman? A. I have seen him four or five times—there are frequently these bill heads lying about there—Gillman carries on business on the same premises—his bill heads were in the habit of lying about the shop—I had seen Newman four or five times there.
COURT to JEREMIAH. Q. Do you deal in capes in any way? A. No; I had no communication with Newman about Mackintosh capes at any time.
JURY. Q. Was there any correspondence between you and Newman? A. No; I have seen him at my place three or four times—he had no connection with me at all, but other persons have business there—I never saw any bill heads, of mine in his possession; I never gave him authority to use my name about anything—he wanted me to give him an order to send some coals in—I did not know but that he was an agent in the coal trade.
Newman. When the bill heads were given to me by Smith, you said, "Don't send them in till you hear from me again."
CHARLES SMITH re-examined. When Mr. Gillman and Newman were together, I recollect Newman had two bill heads—he asked for Mr. Gillman's proper address, and I gave two bill heads either to Newman or Mr. Gillman—I did not give him authority to use Mr. Gillman's name—I thought if the order was for coals they were to be sent to the shop—Mr. Gillman and Newman were there together, and Newman asked the proper
address of the shop, and I gave him the bill heads; he was asking for an order for coals.
Newman. No such thing; I never sold any coals; I never was in the shop in my life; I did not steal any bill heads, they were given to me; I had no felonious intent.
NEWMAN— GUILTY . Aged 40.
STAINES— GUILTY . Aged 42.
Confined Six Months.
691. FREDERICK WILLGOSS and GEORGE KING , stealing 4 yards of jean, value 2s. 6d.; the goods of Robert Bousfield and others, their masters: King was also charged with stealing 2 yards of fustian, and other goods, of his said masters: to which
WILLGOSS PLEADED GUILTY . Aged 25.— Confined Nine Months.
KING PLEADED GUILTY . Aged 24.— Confined Twelve Months.
SAMUEL EVANS (City-policeman). On Saturday evening, 13th May, I was on duty near Mr. Sparkhall's, in Cheapside, I saw the prisoners together—I watched them, and saw Lindsey take a pair of trowers from off a bracket at the door, and give them to Jones, who ran down Old Change, and at the corner of Watling-street he stopped till he was overtaken by Lindsey—I took Lindsey, and handed him to another officer, and I ran and pursued Jones, who had run away—I met him being brought back—I had not lost sight of Lindsey from the time I saw the trowsers taken, till I took him into custody—I searched the prisoners; I found on lindsey a duplicate for a pair of boots, and this knife, and this picklock key dropped from. Jones.
Lindsey. Q. Where were you when you saw me take them? A. In Cheapside, near to Sadler's Hall—they were not lying down, they were hanging, on a bracket; I saw you take them, and hand them to the other' prisoner.
JOHN VALE (City-policeman, 341). I was on duty in Carter-lane, and heard a cry of "Stop thief!"—I saw Jones running in front of a great many persons; he was stopped by a party at the top of Addle-hill—I saw him drop these trowsers, I took them.
Jones. Q. These trowsers were given to you? A. I saw a gentleman pick them up, and he gave them to me; I had them before I had hold of you.
HENRY JAMES CASEY . I am in the employ of Mr. Edward Sparkhall—these are his trowsers—I did not miss them till the policeman came; I then saw they were missing—I know them by the pattern and make—I had seen them about a quarter of an hour previous.
Lindsey's Defence. I had been to Leadenhall-market, and coming along Cheapside I met this young man, we went into St. Paul's-churchyard together, and the officers came and took me; in about half an hour, Jones was brought by another officer with these trowsers; I know nothing about them.
Jones's Defence. I was going along, a gentleman ran against me; a gentleman gave the officer a pair of trowsers; I know nothing about them.
LINDSEY— GUILTY . Aged 20.
JONES— GUILTY . Aged 20.
Confined Three Months.
RICHARD ROADKNIGHT (police-sergeant, T 11). In consequence of information, I stood behind a hedge near William Roadknight's premises, where I had a view of his shed, and about 2 o'clock in the morning, on 27th May, I saw the prisoner come and bring a horse, and put it into a cart, which had been loaded with hay on the over night—he then took the lantern, and looked amongst some trusses of cloyer hay, to see if anyone' was there—he then took a truss of clover hay, and put it on the top of the load of meadow hay, and went away—he went about 100 yards; I went after him, and asked what he had got; he said the clover hay was for his horses—I said I had been watching since 11 o'clock, and saw him take the clover hay—he had got the portion of hay for his horses, besides that truss of clover hay.
WILLIAM ROADKNIGHT . I am a farmer, and live at Hillingdon—the prisoner was in my employ about four months; it was his business to take hay to London to the salesman—there was also hay which he had for his horse that was put into a sack—it was a sufficient quantity for the horse he had—he had no authority to take any clover hay at all—I have seen this truss that was found in his cart; it is worth 3s.—he had a six bushel sack full of meadow hay allowed him—I looked in that sack, and it was full of meadow hay.
Prisoner. I had a horse more than usual. Witness. When he had one horse I allowed him a four bushel sack; this time he had six bushels, which was all I would allow to go, and besides that he had corn.
GUILTY. Aged 18.—Recommended to Mercy by the Jury. — Confined Two Months.
ANDREW MILLER . I am gardener to Mr. William Henry Bull. On 13th May he had a duck sitting on nine eggs in the flower garden—I saw the duck safe on Tuesday evening, about 5 or 6 o'clock, and missed her about 9 o'clock on the Wednesday morning, and we missed six of the eggs—there were three left in the nest—I saw the duck and the eggs on the Friday.
WILLIAM ATTER (police-sergeant, T 27). In consequence of information, I went to the prisoner's house on Friday, 2nd June—I found James Archer there, and his mother—I searched the house, and found a duck and six eggs in a cupboard under the stairs—James Archer said he had bought the duck of a boy named Nightingale, and he was to pay 1s. for it on the Saturday night—I took the boy James, and I afterwards took William Archer at his own house.
William Archer. He gave us leave to go and see if we could find the chap. Witness. He was under a remand to find the person if he could.
James Archer. I bought the duck, of a chap, and was to pay him on the Saturday.
NOT GUILTY .
SUSANNAH BARNES . I am the wife of George Barnes—we live at West Drayton—I had an iron boiler; I saw it safe last Monday—a policeman came to me on Wednesday, and I then missed the boiler and an iron tea kettle—these are them.
DANIEL SUDBURY (policeman, T 212). I saw the prisoner about 1 o'clock last Tuesday morning—he had this boiler and kettle—he was coming in a direction from West Drayton—I asked him what he had got; he said an iron pot and a kettle he bought of a man, and gave three pots of beer for them—he said afterwards he gave four pots—I went to Mrs. Barnes, and she identified these articles.
Prisoner. Q. When you met me with these things, was that the first time you saw me? A. No; I saw you when we went to clear the persons out of the fair; you were in a public house, and there was the pot there; you took it up, and went away; I spoke to Mr. Cousins, the landlord; I then followed you, and took you.
Prisoner's Defence. There was a great number of ns left work together, and went to Drayton; I went into a public house, and stayed till 11 o'clock at night; I came out, and there was a man carrying this pot and kettle; he asked me if I would buy them; I said they were no use to me, but if he was hard up I would give him a pot or two of beer for them; we went into a public house and had it, and I fell asleep with the pot and kettle; the officer woke me up, and I went away with them; he afterwards came and took me; I would not have had them if I had been sober.
NOT GUILTY .
MR. LILLEY conducted the Prosecution.
HENRY SIMM . I am master of the brig Merchant; it was lying in the Thames. On the morning of the 30th May, I was awoke by some person leaning his arm over me, to try to unhook my watch—when I awoke I saw the arm over me, it was the arm of the prisoner, with the intention of unhooking my watch—it was hanging on the right side of my bed place—I put it there when I went to bed—I can swear it was safe at 2 o'clock in the morning—I raised an alarm—I asked the man what he wanted—he made no stop, but ran out of the cabin—I ran after him—he had got one watch, and was trying to get another—I saw him jump into a boat along side the ship—the mate went after him—the prisoner then jumped over-board—I saw him taken out of the water in custody of the policeman—I did not see my watch afterwards.
Cross-examined by MR. LAWRENCE. Q. You saw this watch safe at 2 o'clock? A. Yes; I went to bed at 8 o'clock; I turned out again at 1 o'clock and sat writing, and then I went to bed—this was between 3 and 4 o'clock; the sun was just rising.
MR. LILLEY. Q. Did you see anything in the hand that was put across you when you were awoke? A. No.
COURT. Q. Did you miss any watch? A. Yes, one which was hanging on the left side—there was one on the left, and one on the right—the one on the left was gone, and he was reaching across me in the bed, and attempting to unhook the one on the right.
that morning I was on duty on the Thames—I was near Pickle Herring—I heard a cry of "Police!"—I rowed under the stem of the ship Merchant—I saw the captain on the stern; he called to me—I saw three men in a ship's boat, dragging a man out of the water—I went, and saw it was the prisoner—I know him well—I saw him raise his fist and knock one of the men down, and had we not been there I have no doubt he would have drowned the three men in the boat—when he was in the boat I observed his hand was clenched, and we had some trouble to get it open—I found in it two half-crowns, two 4d. pieces, and one sixpence—he had left his jacket and shoes in the boat—they were dry.
Cross-examined. Q. He was half in the water, and half out? A. Yes—I think I mentioned about the knocking down to the Magistrate.
GUILTY . Aged 24.
(The prisoner was further charged with having been before convicted.)
HENRY WOOD (policeman, K 384). I produce a certificate—(This being ready certified the conviction of George Wilson at this Court, in April, 1850, of house-breaking, and that he was sentenced to One Year's imprisonment)—the prisoner is the man—I took him into custody.
GUILTY.— Four Years Penal Servitude.
(The inspector handed a paper in to the Court, by which it appeared that the prisoner had been eight times summarily convicted, and that he had only just come out of prison.)
PLEADED GUILTY. Aged 16.— Judgment Respited.
PLEADED GUILTY . Aged 32.— Confined Two Months.
MR. METCALFE conducted the Prosecution.
WILLIAM HENRY GODDARD . I have a farm at Iver, where I live, and another at Ruislip, in Middlesex. I had on that farm about 200 ewes—I cannot say to a few, but about that number—the prisoner was my shepherd there to look after them—the ewes were lambing from Lady Day till the latter end of May—I received information, and went to Mr. Lawrence, at Ruislip—I there saw some lambs which appeared to be miner—there was one dead and one alive—they were the same sort as mine—we took the lamb, and put it down, and asked the prisoner if he knew anything about it—at first he hesitated, and then he said he thought he did—Goff then asked him if he had sold any lambs to any one else—he said, yes, he had sold some to Mr. Humphries' son—we went to Mr. Humphries, and found five lambs of the same breed—we took them away, and they were shown to the prisoner—he did not say anything about them—about two months before, he had sold six sheep skins, and I told him never to sell anything of mine, but if anything happened I would sell them myself—he knew that I was at that time riding about the country to get lambs, and offering half a crown a piece for them, to put to those ewes who were in full milk.
COURT. Q. How many ewes did you lose? A. I should not think I lost five.
prisoner—I bought two lambs of him about seven weeks before Mr. Goddard came to me—one of the lambs died—Mr. Goddard had the other—I saw the prisoner taking the lambs, and I asked him if he had got one to sell—he said, "Yes"—he said they were Mr. Goddard's, and he had orders to sell them when he had not ewes to put them to.
GEORGE HUMPHRIES . I am living with my father, at Pinner. I know the prisoner—I bought some lambs of him—the first that I am certain I bought of him was about six weeks ago—I believe I bought some others, shortly before that, of him—I bought five altogether which were alive, and were given to Mr. Goddard, and two that died—I gave 2s. a piece for them—the prisoner said he had a right to sell them, because the ewes had died—he said he was Mr. Goddard's shepherd.
Prisoner. It was in Feb. you bought the first.
FRANCIS GOFF (police-sergeant, T 24). I took the lambs—when the first lamb was taken to the prisoner's, Mr. Goddard asked him if he knew anything of that—he said he thought he did, and he sold one, or perhaps two, to Mr. Humphries—when we took the others, he said he had sold them to Mr. Humphries' son, and he thought it was a privilege he had to sell them; other persons did so.
GUILTY. Aged 67.—Recommended to mercy by the Jury. — Confined Three Months.
JAMES GREGORY . I am a hay and straw dealer, at Hayes. The prisoner was my servant—on the 20th of May I sent him with half a load of straw to deliver to Mr. Cabell—the price was 18s.—when he returned, I asked if he had got the money—he said, no; Mr. Cabell would pay me for it on Tuesday—on Tuesday the prisoner went up again to him—I did not see him when he came home, but he went to his lodging, and came again about 6 o'clock—I asked him if he had been paid that 18s.—he said, no; Mr. Cabell would pay me—I left the prisoner at work, and when I came back he was gone—I did not see him again till the policeman took him.
Prisoner. I told him I was going to leave him. Witness. He said that morning he was going, and I said he could not leave in the middle of the week.
Prisoner. You did not give me a farthing; you put it into your pocket, And said you would pay my master. Witness. No; I paid you 18s.—you counted it twice over—you were intoxicated at the time.
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
JOSEPH BALCH . I live with Mr. Attree, the barrister; I take care of his chambers. On Tuesday, 9th May, the prisoner came to the chambers—Mr. Attree was in the country—the prisoner asked to see Mr. Attree, to see if he could get him a situation—I said I expected than every minute; and he asked to write his name down; he wrote his name at my seat—he asked to wait a few minutes, and he went into my master's office to see if it was high tide—he took both the studs up—he went away, and said he would come
the next day—I afterwards met him in Elm-court, and he asked me to go with him to buy two penny biscuits—he gave me one, and I ate it—he came back to the chambers, and stayed a few minutes—he went and looked into the cupboard, and two seals were lying there—he went into the bed-room, and he said the things were in a different place—he asked to black his boots—he opened the drawer where the plate was kept, but I did not see him take anything—he said that was where the blacking was—he then got up, and said he would go and see what time it was—he came back, and told me it was 4 o'clock, and he thought I had better go—soon afterwards he went out, and ran away—after he was gone I missed the silver out of the plate drawer—I missed 1 large spoon, some small tea spoons, and other things—I went and told Mr. Dyer, and he came back with me—I then made further search, and missed the gold studs—the seals were missed when my master came home—he returned on the Wednesday—the prisoner was taken on Friday.
Cross-examined by MR. METCALFE. Q. You told the prisoner you expected Mr. Attree every minute? A. Yes; the prisoner came back the same after-noon, and asked if he was in—I said, no; I expected him—he opened the drawer, and said that was where the blacking brushes and blacking used to be kept—the laundress was in the chambers, and there are persons coming to the chambers; not many.
COURT. Q. You saw the studs while he was there? A. Yes, the first time, and they were missed about 10 minutes after he was gone the last time—I did not see the spoons and forks on Tuesday—I saw them on Monday, when I cleaned them.
Cross-examined. Q. You knew the prisoner before? A. Yes, by sight; I did not know his name—he knew I was warden—he said he was waiting for Mr. Attree.
NOT GUILTY .
PLEADED GUILTY . Aged 29.— Confined Six Months.
OLD COURT.—Tuesday, June 13th, 1854.
PRESENT.—Mr. Ald. FAREBROTHER; Mr. Ald. HUNTER; Mr. RECORDER and Mr. Ald. ROSE.
Before Mr. Recorder and the Second Jury.
704. JAMES MITCHELL , stealing 3 night gowns, 6 shifts, 2 pair of drawers, 3 aprons, 3 pinafores, 1 night cap, 1 petticoat, and 1 table cloth, value 2l. 8s.; the goods of John Smith, having been before convicted: to which he
PLEADED GUILTY . Aged 21.— Confined Nine Months.
HUMPHREYS PLEADED GUILTY . Aged 25.
HEATH PLEADED GUILTY . Aged 30.
ALDERMAN PLEADED GUILTY . Aged 26.
The Prosecutor strongly re-commended them to mercy.— Confined One Week.
(Heath and Alderman received good characters.)
706. EDMUND SINDEN , embezzling 11l. of Roger Peeke, his master; also stealing 10 yards of woollen cloth, 5 yards of waistcoating, 4 yards of alpaca, 9 yards of silk serge, and 7 yards of cloth, value 11l. 16s.; of his said master: to both which he
PLEADED GUILTY. Aged 22. Strongly recommended to mercy by the Prosecutor. — Confined Six Months.
PLEADED GUILTY . Aged 20.— Confined Four Months.
708. CATHERINE DONOGHUE , stealing 5 sheets, and 1 table cloth, value 28s.; and within six months, stealing 1 table cloth, 3 towels, and 1 sheet, 15s.; and within six months, stealing 2 shifts, 1 night gown, 1 blanket, and 1 sheet, 18s.; the goods of Jane Sophia Farwig, her mistress: to which she
PLEADED GUILTY . Aged 25.— Confined Five Months.
MR. STEVENS conducted the Prosecution.
SAMUEL GREENHILL . I am shopman to Mrs. Price, who keeps a cheese-monger's shop, at No. 124, Bishopsgate-street. On 3rd June., about 9 o'clock at night, the prisoner came and asked for two pounds of bacon; I cut it—my mistress who was on the other side of the shop, said aloud in the prisoner's hearing, that she did not like the lady's proceedings; she went round, felt down the prisoner's left side and said, "She has got a ham"—the prisoner said, "Oh, you wicked woman" or "bad woman"—I then stepped to the prisoner's side, and saw a ham fall from under her clothes on the left side—I went for a policeman.
Cross-examined by MR. ROBINSON. Q. Are there two windows to the shop? A. Yes, the door is at the corner of the street, the ham was in the left hand window as you go in—the counter is on the right hand side—my back was turned to the prisoner, as I was cutting the bacon—as soon as I heard my mistress speak I went round the counter to the prisoner, my back had been turned to the prisoner till then—I was on the prisoner's right side, and my mistress on her left, and after my mistress taxed her I saw the ham fall—there were about six customers in the shop—my mistress said, "She has got a ham;" not, "She has taken a ham."
CHARLOTEE PRICE . I keep a cheesemonger's shop, at No. 124, Bishops-gate-street. On 3rd June, a little after 9 o'clock in the evening, the prisoner came and asked for a piece of bacon—I saw her reaching across and taking a ham out of the window, I went nearly to the bottom of the shop and told my young man that I did not like that woman at the ham—I spoke rather loudly, but I think it is impossible that the prisoner could hear—I went round the counter, and felt a ham on the prisoner's left side—I said, "She has a ham"—she was dressed in black, with a large cloak on—I threw it open, and went to take the ham; she said, "You wicked
lying woman to say so"—she dropped the ham, and it fell on my foot—I picked it up, and laid it in the window.
Cross-examined. Q. You were behind the counter when you said that you did not like her proceedings? A. Yes; she was near the door when the ham dropped from her; it was about three or four feet from where she took it—there might be a dozen people or more in the shop; it was very full indeed—this is the ham (produced)—it was not wrapped in a cloth, as it is now—it has been at the station house ever since.
JOHN GEORGE HUDSON (City policeman). I was on duty in Bishopsgate-street, and the prisoner was given into my charge—I took her to the station, searched her, and found 9s. 4 1/4 d., but no cloth—she said she had the ham in the position that anybody would have it who was going to buy it.
Cross-examined. Q. Did you examine her dress? A. Yes, on the way from Bishopsgate-street to Moor-lane station—I saw no mark of grease under her arm, or on her gown or cloak; she had on a kind of black dress—I will not swear it was not silk—she was in mourning—she gave her right address; I went there, and found that she was a married woman with ten children.
COURT. Q. In consequence of what was it that you looked at her dress? A. She said if I or my wife were going to buy the ham, we should have it in the same position; in consequence of that, I just raised her cloak and looked under her arm by the light of the lamp, but saw no mark of grease.
The prisoner's statement before the Magistrate was here read as follows: "I wish to say that I meant to pay for the ham; I never intended to take it; I brought a cloth and the money to purchase a ham."
NOT GUILTY .
NEW COURT—Tuesday, June 13th, 1854.
PRESENT—Mr. Ald. MUGGERIDGE; Mr. Ald. ROSE; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Sixth Jury.
PLEADED GUILTY . Aged 24.— Confined Nine Months.
BELL PLEADED GUILTY . Aged 28.
REEVES PLEADED GUILTY . Aged 26.
Confined Six Months.
PLEADED GUILTY . Aged 29.— Confined Six Months.
JAMISON PLEADED GUILTY . Aged 26.— Confined Six Months
HARDING PLEADED GUILTY . Aged 17.— Confined Nine Months.
STEVENS PLEADED GUILTY . Aged 22.
SHAW LEADED GUILTY . Aged 23.
Confined Nine Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
MORRIS HAYES (police-sergeant, F 16). I was at the police station, in Bow-street, on the morning of 25th May; I saw some one there, and went to a house in Charles-street, Drury-lane—I met Pocock and Thomas on the way—I found the street door of the house open—I went up to the first floor front room; I remained there a few minutes—the room door was opened by some one, and I rushed across the room; the prisoner Jackson seized me by my neck-handkerchief—I got from her, but not in sufficient time to prevent Morris from breaking a mould—I saw him take it from the table, throw it on the ground, and stamp on it—I am quite sure it was a mould, I had seen several before—it was made of plaster of Paris—I seized Morris, gave him to Pocock, and picked up some portions of the mould—these are them—I found no impression on them—I saw an old mould, found in a cupboard—I found this wire on the floor, it is attached to a plate, and two counterfeit sixpences were attached to the wire, and eight more six-pences were on the floor, near the wire—on the mantelpiece I found a number of base half crowns in a paper box—there were six half crowns and four half crowns separate, all counterfeit, and fourteen shillings; and in a separate paper there were six other shillings, all counterfeit—there was a very bright fire, and on the hob was a crucible with some metal in it, which is in it now—it was then in a melted state; the crucible was very hot, I was obliged to get a rag to lay hold of it—I found in a cupboard a battery jar with some liquid in it, which I have got in a bottle—the broken moulds were made of plaster of Paris—there was a slight impression on one of the pieces, I think, of George the Fourth—when I went into the room the prisoner, Riley, made his escape from the table where Morris was at work—Riley got to the door, but was brought back—I prevented Jackson from hitting Pocock on the head with a basin, and she said she would kill any man that took her old man—meaning, I suppose, Morris.
WILLIAM POCOCK (police-sergeant). I accompanied Hayes to the house in question—when I went into the room I saw Jackson, and Morris, who was stamping on the floor, and breaking up a plaster of Paris mould—I took hold of Morris, and took him to the farther side of the room; Jackson came and used violence towards me to make me let her old man go—I saw Riley brought into the room by Thomas—I searched Morris, and found six sixpences in his fob, and six shillings and a half crown in another pocket, all good—I assisted in conveying the prisoners to the station.
WILLIAM THOMAS (police-sergeant, F 17). I went with the other officers and saw them go into the room; when they went in, I saw Riley rush out, he got part of the way down the staircase; I took him and brought him back—when I got into the room, I fastened the room door with an iron bolt—there were four iron staples on the post, top, and bottom, and wedges of wood were in the staples, ready to shoot through to fasten the door—I also found two broom handles which might fasten the door, with a notch cut in the floor, and a lock besides—I searched Riley, and found on him 3s. 6d. all good—I searched the room, and on the table in this tin saucer I found eleven
sixpences in a little water, and some silver sand; and by the side of the saucer I found twenty-nine other sixpences, and two files, which had been used recently in filing metal—there was metal on the files, which is on them now—I found a knife covered with plaster of Paris—I found this cylinder on the table, this pair of pliers in the cupboard; I found five bottles containing acid, a small quantity of plaster of Paris, and some silver sand in paper bags.
HANNAH GREEN . I am searcher at Bow-street station. I searched Jackson, and while I was searching her, she said, "I don't think I shall get so much done to me, the things were got rid of that were the most particular;" and she said, "I wish I had strangled the b—r"—I said, "Who do you mean?" she said, "Brannan"—I said, "What, the inspector?"—she said, "Yes."
Jackson. I did not say that. Witness. Yes, you did, and you said you did not mind being hanged for it.
ELLEN PINKERTON . I am the wife of John Pinkerton, a bricklayer—I am proprietor of the first floor at No. 44, Charles-street—I let it six or seven months ago to Jackson and Morris—they were together when I let it them—they have lived there since—I only know Riley when he took the first floor back room, and gave me a shilling earnest—that was on the Friday before the prisoners were taken.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint—this plaster of Paris is evidently pieces of a mould, because here are gets to them—this copper wire was attached to a plate of a galvanic battery used in plating—these ten sixpences produced, by Hayes are all bad, and from two different moulds—this paper box contains six half crowns, all bad, from one mould: three of them are electroplated, but not finished off—these fourteen shillings are all counterfeit, several are from one mould, and the pattern shilling for them is amongst the good silver found on Morris—his crucible contains the metal used in making base coin—the coins produced are made of this sort of metal—this jar is used to electrotype the coins—this cylinder contains sulphuric acid, better known as oil of vitriol—these broken moulds have been moulds for two sixpences of George the Third—there is no pattern money' in the 3s. 6d. found on Riley; the pattern money was all found on Morris.
Riley's Defence. I took the back room; I did not know what they were doing in the front room; I merely went in to borrow the bellows; I had not been in the room five minutes when the officers came.
MORRIS**— GUILTY . Aged 26.— Six Years Penal Servitude.
JACKSON*— GUILTY . Aged 18.— Four Years Penal Servitude.
RILEY— NOT GUILTY .
MESSRS. ELLIS and BODKIN conducted the Prosecution.
SAMUEL JARMAN . I am clerk to the solicitor of the Treasury—I produce a certificate of the conviction of Michael Hennessey, which I received from Mr. Clark's office—(read: "Central Criminal Court; Michael Hennessey, convicted of uttering counterfeit coin, April, 1852; confined six months.")
called for a pot of beer—he gave me a sovereign—I noticed it was light, bit it, and I showed it to James Brown, a butcher—the prisoner snatched it out of my hand—I asked him for it, he refused to give it me, and put his foot on it.
Prisoner. She handed the sovereign back to me. Witness. No; you snatched it from my hand—you gave me a half crown first, and I gave you change in sixpences and halfpence; you went out and came in again and brought the sovereign.
JAMES BROWN . I am a butcher—I went to the beer shop; the prisoner was there—Mrs. Brown showed me a counterfeit sovereign; I gave it her and told her it was bad—the prisoner snatched it out of her hand—I tried to persuade him to show it me again, but he would not—I heard the sovereign drop; the inspector picked it up, and the prisoner was taken into custody.
JOSEPH SHAIN (Inspector Thames Police). I was up stairs at the house with the captain of a ship—when I came down, the prisoner was sitting there—I took this sovereign from the floor, and took the prisoner—as he went to the station, he said one of his masters gave him the sovereign.
HENRY DYER (Thames-policeman, 42). I took the prisoner to the police court—he asked me whether I was the man that took him; I told him "No"—he began to make a statement, I told him not to do so, as it might be used against him—he said that on 4th or 5th May, he picked up the sovereign in the Highway, and offered it to a female in the Highway, who said it was bad, and he kept it till the Saturday night, when he offered it to Mrs. Brown, who said it was bad, and he said, "I dare say it is," and that about two years ago he had been imprisoned six months for attempting to pass two half crowns.
Prisoners Defence. I was walking up the Highway about 3 or 4 o'clock one morning, and picked it up; I showed it to several persons, some said it was bad, and some said it was not; I kept it till the Saturday night; I had a pot of beer, gave the sovereign, and she said it was bad; her husband, and this gentleman, and two more men were there; I have worked at Wapping, at ballast work; all the officers know me as a hard-working man.
GUILTY . Aged 50.— Confined Eighteen Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
WILLIAM SMITH . I keep the Dolphin, in Old-street On 9th May, the prisoner came for half a pint of porter—I served him, and he offered me a bad 4d.-piece—I told him it was bad; he said he hoped not—I nearly broke it in two with my teeth—the prisoner went away, and a person went after him—he had told me that he had the 4d.-piece from the Docks, where he worked; I told him to take it back again.
MARY MORLEY . My husband is a tobacconist in Old-street On 9th May, the prisoner came between 12 and 1 o'clock for some tobacco—he offered a bad 4d.-piece—I told him it was bad—he said he did not know it was bad—a person came in, and I gave the prisoner in charge—I gave the 4d.-piece to the officer.
prisoner was there—I received this 4d.-piece from Mrs. Morley—searched the prisoner, and found two more 4d.-pieces in the rim of his cap.
Prisoner's Defence. I took them for work I had done; a man came and asked me to assist him with a truck, and he gave me them; if I had thought they had been bad, I should not have offered the one at the tobacco shop.
GUILTY . Aged 34.— Confined Nine Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
KETURAH BARKER . I was barmaid at the Crooked Billet, on 7th April. On that day the prisoner came in the afternoon for half a quartern of gin—she gave me a shilling, and I gave her 10d. change—I put the shilling into the till, where there was no other money—in a few minutes I went to the till, and found the shilling was bad—I broke a bit off the edge of it, and put it on one side—on the 2nd May, the prisoner came again in the evening—I recognized her the moment she came in at the door—she asked for a pint of ale and a short pipe; she brought a jug with her—she gave me a half crown—I thought it was bad, and tried it—I said, "Do you know what you gave me?"—she said, "a half crown"—I said it was bad, and asked her where she lived—she said, in East-street, with a person named Harris, but she did not know the number—I said, "Come with me, and show me"—I went with her to the top of the street, and she then said, "Here I left the gentleman"—I said, "What gentleman?" she said, "Mr. Harris"—I odd, "You told me you lived in this street"—she said she did not live thereabouts—I gave her in charge—I told the constable about the shilling—I could not find a Mr. or a Mrs. Harris.
Prisoner. You put the half crown in the till. Witness. It never went out of my hand from the time you gave it me, till I gave it to the constable—there was a party in the bar, but no one takes money but me—I served you, and took the money—I was not talking to any gentleman.
WILLIAM BACON (policeman, 482 N). I received the prisoner in charge, and got this half crown from Barker—I asked the prisoner where she got it; she told me Mr. Harris gave it her—I asked where he lived; she said she did not know, and she did not know where she lived—Barker said that she had passed a shilling there about three weeks before—the prisoner said she must be mistaken, it was not her—I got this shilling the same evening.
Prisoner. I am quite innocent as to the shilling—I did not know the half crown was bad; I gave it to another lady—this witness was talking to two gentlemen.
NOT GUILTY .
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JANE JONES . I am the wife of David Jones, who keeps the Adam and Eve, in Jewin-street. I saw the prisoner at my house, I believe, on the 2nd May—she had half a pint of beer; it came to 1d.—she gave me a shilling—I gave her change, and put the shilling into the till—my husband came in, and asked for the money I took from the woman—I gave it him—there was no other shilling in the till.
pocket—I afterwards gave it to the officer—I had no other shilling in that pocket.
HENRY TIBBY . I am a confectioner, in Newgate-street. On 2nd May, the prisoner came about half past 3 o'clock for a 1d. pie—she gave me a shilling—I gave her a sixpence, a 4d. piece, and a penny—she took the change up with her right hand, and with her left hand she put a sixpence into her mouth, bent it, threw it back to me, and said it was a bad one—I am perfectly certain that the sixpence she gave back to me was not the one that I gave her—I said, "That is not the sixpence I gave you; it is in your other hand"—she said she had no other money—I gave her into custody.
Prisoner. You asked if I had any other money; I said, "Yes, in my pocket;" I took it out of my pocket, and laid it down, and you took one six and said, "This is the one I gave you;" what I gave you back was the one you gave me.
BENJAMIN ADAMS (City-policeman, 214). I took the prisoner, and took her to the station—I observed she had something in her hand—I asked what she had, and told her to lay it down—she laid down on the counter two shillings and two sixpences; one of the sixpences was bad—she said she must have taken the bad sixpence at a public house in Jewin-street.
Prisoner's Defence. On Tuesday, 2nd May, I went into a public house in Jewin-street, for a glass of beer; I laid down a shilling, and she gave me a 4d. piece and a sixpence; I walked some distance, and went into the pie shop, and forgetting I had small change, I laid down a shilling; the man gave me a 4d. piece, a sixpence, and a 1d.; I took the sixpence, bit it, and found it was bad; I gave it him back; he threw it to me, and said it was good; he called a policeman; when I went to the station, I took the money out of my pocket, and found the sixpence I took at the public house was bad; I told them where I got it; the publican would not come up till he was summoned; he then brought a shilling which was bad, and said his wife took the shilling, and put it into the till; the shilling he brought was a new one, and that I gave the woman was an old one.
GUILTY . Aged 35.— Confined Twelve Months.
Mr. POLAND conducted the Prosecution.
ELIZABETH OAKS . I am barmaid at the Rose and Grown, in Old Broad-street. On 16th May the prisoner came between 3 and 4 o'clock in the afternoon—I served him with half a pint of porter—he gave me a shilling—I found it was bad, gave it to Mr. Stevens, the landlord, and he bit it in half—the prisoner gave me a penny for the beer—I saw Mr. Stevens get another shilling from the back of the bar; he laid it on the counter—the prisoner took it up and put it into his mouth—I did not see it again.
Prisoner. You said at Guildhall you thought I put it into my mouth. Witness. No; I said you put it into your mouth.
THOMAS STEVENS . I keep the Rose and Crown. On 16th May I saw the prisoner come to the bar; the last witness served him—he laid down a shilling—I took it and bit it in half—I asked him where he got it; he said from No. 13 or 14, Union-street, from his cousin, in change for a half crown—he was going, but I said. "Stop a minute; I took one last night"—I reached that one from the back of the counter, laid it on the bar, and was in
the act of comparing the two shillings, to see if they were made in the same mould, when the prisoner snatched up the one that I had taken the night before, and, I believe, he put it into his mouth and swallowed it—I did not see it again—he made a bolt to the door, and I had to call out, "Stop him! stop him!"—two persons had a job to pull him back—I gave the shilling which I bit in halves to the policeman—the prisoner stated that he threw the other shilling away, but he could not have done that, for I ordered the persons outside to examine the street, and it was not there.
GEORGE FEW (City policeman, 143). On 16th May I was sent for to the Rose and Crown, and the prisoner was given into my custody—as we were going to the station, he asked if lead would poison—I said, no doubt there were some injurious properties belonging to it, as it was not intended for food—I searched him at the station, and all the money he had was 1 1/2 d.—after he was committed, he said, on the way to Newgate, "You had no occasion to say anything about the lead"—he refused to give his address—he said if he could get out of this, he would go for a soldier.
Prisoner. I asked you why you did not state what was for me, as well as that that was against me. Witness. No such thing—I have spoken the truth.
Prisoner's Defence. I went in the Rose and Crown on my way to Charles-street, Westminster; I was going for a soldier; I put down a shilling; the barmaid told me it was bad, and gave it to her master; he took another one from the back of the counter, and put it on the bar; I took it up, supposing it was mine; I was going away, but was taken by two persons and brought back, and the landlord told me that was not the shilling that I gave, but that was bitten in two; I was taken before the Magistrate, and there Mr. Stevens stated that I had swallowed the shilling; I asked him whether he saw me do so; he said no, but a person in the bar had informed him of it.
THOMAS STEVENS re-examined. I did not say you swallowed it; I said I believed you swallowed it—a man charged you with swallowing it, and you called the man all manner of names, and was going to strike him—you took the shilling up, and made a bolt to the door.
Prisoner. My asking the policeman whether lead was injurious is a proof that I did not know anything about poison; I have learned here that lead is not poison; I did not know which was my shilling; and if we admit that I did swallow the shilling, what proof is there in that that I knew the other was bad? I confess I did swallow the shilling, and my motive was to keep myself out of trouble, as I thought he would swear that I gave him that also.
GUILTY.* Aged 19.— Judgment Respited.
MESSRS. W. J.PAYNE and POLAND conducted the Prosecution.
THOMAS GRAY . I reside at St. Paul's-row, Camden-town. The prisoner was in my employ about four months—on 26th April I had two sovereigns in my pocket, which I received from my wife that morning—I am positive they were good—I gave the prisoner a sovereign, about 11 o'clock in the forenoon, as he came and said he wanted some bran for the horses—he returned about dusk that evening, and brought a man with him—he said the corn chandler's shop was closed, he could not get the bran; but this man was a coachman, in the neighbourhood, and he would let him have some—he said, "Here is the sovereign back"—I took it, and put it in my left trowsers pocket, where the other was—the next morning, for the first payment
I had to make, I tendered the two sovereigns on the table, at a tavern in the City, and the man said one was bad—I looked, and it was bad—it had not been out of my sight—it was given back to me; I took it home, and showed it to my wife—I put it on the chimney piece in the dining room—I should know it again—this is it (produced)—I can swear to it by a peculiar mark along the edge—on the Sunday following, I discharged the prisoner.
COURT. Q. What means did you take to ascertain that the two sovereigns were good that you had from your wife? A. I looked at them; I can tell a good sovereign from a bad one.
ELLEN GRAY . On the morning of 26th April I gave my husband two sovereigns—I got them from Glyn's bank; I know they were good—I took a sovereign from the mantel piece on the Tuesday morning and gave it to Mr. Bell—I am certain this is it.
HENRY BELL . I am a corn merchant, and live at No. 61, Great College-street. On the evening of 1st May I saw the prisoner at my shop:—he said, "I owe you for a truss of hay, and I will pay you"—he laid a coin on the counter representing a sovereign—I walked round the counter, picked it up, and from the lightness of it I detected that it was bad—I told him it was bad—he said he was not aware of it, but if it was, it was one of Gray's—I weighed it while he was there, to convince him that it was bad—I returned it to him, and he went away, saying he should take it back again to Mr. Gray—on Tuesday morning, 2nd May, Mrs. Gray brought me a counterfeit sovereign—I gave it to the constable about ten minutes afterwards, and he marked it.
Prisoner. You told me it was light, but you did not know whether it was good. Witness. No, I decidedly told you it was bad—I detected it was bad the moment I took it up—I knew you by coming to my shop—as soon as I took it up, you said, "I have left Mr. Gray."
SARAH FURNISS . My husband keeps the Eagle tavern, in Camden Town. On Monday, 1st May, the prisoner came there—he gave me a sovereign and asked for change—I put the sovereign to my mouth and bent it—I called my husband, and he sent for a policeman and gave the prisoner into custody—the prisoner was asked where he got it, and he said he had given a man change for a sovereign near Guildhall, that he had just twenty shillings and no more, and this was the sovereign he took for the silver.
COURT. Q. Are you sure that the sovereign you gave your husband was the one that he gave to the constable. A. Yes, quite sure.
Prisoner. You took it into your room. Witness. I went just to the room door, but I never let the sovereign go from my fingers.
JAMES WILKS (police sergeant, S 43). On 1st May I was called, and took the prisoner into custody at the Eagle tavern—this sovereign was given to me by the last witness—I told the prisoner he must consider himself in my custody for attempting to pass this, and he must go to the station-house; but I said, "Stop a bit, I hear there has been another passed here; I should like to look at that"—I looked at it, and I thought they were both one coin, but I find they are not—I took the prisoner out, and there were a great many persons—he said, "I am a respectable man; I don't wish to be searched in the street"—he was searched at the station, but nothing was found on him—I produce this other sovereign from Mr. Bell; this is bad too.
Prisoner's Defence. I had been endeavouring to gel an honest living; this gentleman asked me to be in his employ, as he could not get any body else to go, as he could not afford to give more than eight shillings a week, to take care of a pair of horses and drive him about; I was going to another gentleman, where I was to have eighteen shillings a week; I was waiting to see him, and a man asked me if I was engaged; I said "No;" he said, "Will you run into the Guildhall and get me change for a sovereign; I took the sovereign, and I had twenty shillings in my pocket, and I gave it him; I went to Mr. Bell to pay him 2s. 4d. for the hay; he said the sovereign was light; I said, "I can't be a loser of it;" I took it to the Eagle tavern and gave it to this lady, and she took it into the back room; on 26th April Mr. Gray gave me a sovereign, and told me to get what I wanted for the horse; I went to get some bran; I could not get it; the shop was shut, as it was Fast-day; I told him I could not get it; he said where was the sovereign; I said "Here it is;" I gave it him; he looked at it, and put it in his pocket; after that, he gave me two sovereigns to get change; I brought him the change; he never told me anything about the bad sovereign.
GUILTY .* Aged 19.— Confined Twelve Months.
MESSRS. W. J.PAYNE and POLAND conducted the Prosecution.
LYDIA GREENWOOD . I am barmaid at the Northumberland Arms tavern, Bagnigge Wells Road. On 14th May the prisoner came, a little before 6 o'clock—I served him with a pint of porter—he paid me a bad half crown—I broke it, and gave him back the two pieces—I told him it was bad, and he gave me two 1d. pieces.
JOSEPH BROWN . My brother keeps the Blue Lion, in Gray's Inn-road. On Sunday, 14th May, the prisoner came with two others—he called for a pot of beer, and gave me a half crown—I put it in the till—there was no other half-crown in the till, only two shillings—Green, the officer, came in; I showed him the half crown; it was bad—the prisoner had gone out, but he was brought back—I marked the half crown, and gave it to the officer.
JOSEPH GREEN (policeman, G 90). On Sunday, 14th May, the prisoner was pointed out to me by a neighbour of the publican at the Northumber-land Arms—I followed the prisoner—he went to the Blue lion, in Gray's Inn-road—I went in and asked Mr. Brown what the prisoner had given him, as he had passed a bad half crown before—Mr. Brown took a half crown out of the till—he took it back, to show it to his mistress, and while he was gone the prisoner and another man went out—I went out and stopped the prisoner—he had been drinking, but was not so drunk but that he knew what he was about—I found on him 2s. 2d. in good money—this is the half crown.
COURT to JOSEPH BROWN. Q. What did the beer come to that he had of you? A. Fourpence.
Prisoner's Defence. I received half a sovereign and 4s. for my wages on Saturday night; I changed the half sovereign on the Sunday; I met a man, and we went to have a pot of beer together; I had only one half crown left, and I went to this man's house with it; I was drunk at the time; I have been fifteen years in Mr. Myer's employ.
GUILTY . Aged 27.— Confined Six Months.
PLEADED GUILTY . Aged 20.— Confined Nine Months.
OLD COURT.—Wednesday, June 14th, 1854.
PRESENT.—The Rt. Hon. the LORD MAYOR; Mr. Justice COLERIDGE; Mr. Ald. MOON; Mr. Ald. FINNIS; Mr. Ald. MUGGERIDGE; and Mr. Ald. ROSE.
Before Mr. Justice Coleridge and the Third Jury.
724. HENRY CHAMBERS was indicted for feloniously forging and uttering, on 9th May, an order for the payment of 10l. 7s.; also, on 30th May, one other order for the payment of 18l. 5s.; with intent to defraud: to both of which he
PLEADED GUILTY . Aged 20.— Six Years Penal Servitude.
PLEADED GUILTY . Aged 20.— Six Years Penal Servitude.
PLEADED GUILTY . Aged 34.— Ten Years Penal Servitude. (MR. BODKIN for the prosecution stated, that the prisoner had been discharged on a ticket of leave before the expiration of his previous sentence, that the ticket contained the signature of Colonel Jebb, and the prisoner had found out the colonels banker, and had imitated the signature to the ticket upon the forged cheques in question.)
PLEADED GUILTY . Aged 59.— Confined Two Years.
PLEADED GUILTY . Aged 58.— Confined Two Years.
(The prisoner received a good character.)
(The above five prisoners were sentenced by MR. BARON ALDERSON, on Thursday.)
PLEADED GUILTY .
MR. CLARKSON conducted the Prosecution.
ANN MARGARET WILSON . I am the daughter of John Wilson, who keeps the Grapes public house in George-street, Minories. On 27th April, about 4 o'clock in the afternoon, the prisoner came there—I was serving at the bar—he called for a glass of ale; I supplied him with it, it came to 2d., which he paid—I knew him before, as the steward of a ship—after paying for the ale he presented a piece of paper to me, and asked if my father could oblige him with change; I did not look at it—I handed it across to
my father, who was sitting behind the bar—I knew an acquaintance of the prisoner's of the name of Marshall; he was the mate of the ship of which I understood the prisoner was steward—the prisoner asked if we had heard from Marshall lately; I said no, we had not—when I handed the note to my father he was going to mark it, and the prisoner said that it was marked, or that his name was upon it, I do not know which—my father gave him five sovereigns change, and he then went away.
JOHN WILSON . On Thursday, 27th April, I received this 5l. note of my daughter in the prisoner's presence, I gave him five sovereigns for it, and was going to mark the note when he said, "I have marked it," pointing to this endorsement, "John Clark, ship Carolore" or some such name, "25th April, 1854."—I put the note in my pocket—he said, "Will you have a glass of ale Mr. Wilson?"—I said, "No, thank you, not now," and he went away—I paid away the note on the next Saturday in part payment of my quarter's rent; it was returned to me on the following Tuesday, by Mr. Lambert Jones's clerk—I knew the note again, by the writing on the back—this produced is it.
COURT. Q. Are you quite certain that the prisoner is the man? A. Yes; I knew him before, but not his name—he had been the mate of a ship, the present owner of which uses my house.
JULIA BAILEY . I am barmaid to Mr. Neale, at the City Arms, Millwall, Poplar. On Easter Monday, 17th April, the prisoner came there between 7 and 8 o'clock in the evening—he came to the bar, and asked if I could give him change for a 5l. note—I told him I could not, as Mrs. Neale was not in the way; I had known him between two and three years—he said he thought I might oblige him if I could—he had something to drink, wished me good evening and went away—he paid for what he had—he returned in about half an hour, in company with another man—they went into the parlour; after they had been there a little while he came to the bar and asked if I could give him change, and seeing Mrs. Neale sitting by me, he said, "I know that Mrs. Neale will oblige me"—he handed me a 5l. note, I handed it to Mrs. Neale—she said in his hearing, that she did not like the appearance of the paper—he said, "It is all right, I got it from Tindal's office this afternoon"—Mr. Tindal is the ship owner, in whose employ I supposed the prisoner to be—Mrs. Neale then said, if he would put his name on the back of it, she would give him change—I handed him the ink and a newspaper to put underneath the note while he wrote, but he rejected the newspaper and laid a white handkerchief of his own under it—he then took the pen and pretended to write; he began to write his name upon it as I supposed—he said he had been drinking, and he was all on the move and he could not write—he made a mark for a "J" I suppose, and said, "There, John, that is what I was going to put upon it, my name"—he handed me back the note and I gave it to Mrs. Neale; she went into the bar parlour and brought him out the change—I think it was four sovereigns, a half sovereign, and 10s.; he paid separately for what he had to drink—my mistress put the note in a book along with other notes, where they are always kept—the prisoner stood at the bar for several minutes in conversation, and said that he was not in want of a 5l. note, he could get fifty 5l. notes if he wanted them, but they were not his own, he must own that; they were his wife's—he said he should see us again before he left England, he then left—I saw the note again next morning when it came back from the
bank, it was then stamped "forged" as it is now—I observed upon it the "J." which the prisoner made.
Prisoner. Q. Did I never come to your house for change for a 5l. note before? A. I do not know that you did—I do not know whether you had change for five or six 5l. notes on Saturday nights when you were on board the Ariel—you may have come there frequently of a Saturday night—most likely you have had change for a 5l. note before—we were in the habit of changing notes for you; I do not know whether I have done so.
Prisoner. The mate of the ship used to give me notes to pay the men, and I generally used to get them changed at this house, and at Mr. Whiskins', at Millwall—as to saying that I had fifty notes, and they were my wife's, you are speaking very false. Witness. I am quite certain that he used those words.
GEORGE PAIN . I keep the Duke's Head public house, New-road, St. George's in the East. On 18th April, about a quarter to 8 o'clock in the evening, the prisoner came in, and called for a glass of ale—I had known him for about three months as a customer—shortly afterwards, as I was very busy at the beer engine, serving customers, he beckoned to me at the other end of the counter—it is a very long bar—I did not go directly, and he beckoned to me again—I then went to about the middle of the bar, and he said, "Can you oblige me?"—I said, "What with?"—he said, "With change for a five"—I said, "I dare say I can, Sir"—he then took out a piece of paper, I think from his waistcoat pocket; it was folded up; he gave it to me folded up—I unfolded it, and held it up to the gas—it appeared to be a 5l. note—I believe this (produced) to be the same note—I noticed this dark part of it on the outside, as if it had been worn by carrying it in the pocket—I went to the bar parlour, and got my cashbox, put the note into it, and took out five sovereigns, which I gave to the prisoner—I said, "If you want 1l. worth of silver you can have it"—he said, "No; that will do very well"—he asked if I would take a glass of ale with him—I drew a glass, and drank a portion of it—he paid for it in copper—I was then called away to serve other customers, and whilst I was serving them he went away—I put the note into the bottom of my cashbox—there was one other 5l. note there; that had been cut in halves, and pasted together again, and I had endorsed it with the name of Dr. Broadwater, of whom I had taken it—those were the only two notes I had in the cashbox—I paid both those notes away, and nine sovereigns, to Fanny Cosham, on the Thursday following, the 20th—I did not endorse this note.
FANNY COSHAM . I am the daughter of Mrs. Cosham, a baker, of No. 16, New-road, St. George's in the East. On 20th April I went to Mr. Pain's, and gave him 19l. worth of silver, for two 5l. notes and nine sovereigns—one of the notes had been cut in halves, and pasted together with a piece of paper at the back of it, and this is the other one—I gave them both to my mother, and I saw her pay them to Mr. Woodhouse, the solicitor, for Mr. Mumford, the miller—I saw Mr. Woodhouse put my mother's name on the notes—here it is on the face of this note—I had not parted with the notes from the time I received them from Mr. Pain till I gave them to my mother, and she paid them at the same time to Mr. Woodhouse—he was in the shop when I returned with the notes—he was paid five other notes besides these, but they were all marked at the back with the name of Mr. Bath,
a carman, in Prince's-square—I am sure this is one of the notes that she paid.
FREDERICK WOODHOUSE . I am a traveller for Mr. Mumford, the miller. I see my writing on this note—I received it from Mrs. Cosham, on 20th April—Miss Cosham came in while I was there, and I saw her hand two notes to her mother—I cannot swear that this is one of the notes, because I took four others as well, and I marked them all with Mrs. Cosham's name—I did not notice whether the name of Bath was on the others.
COURT. Q. Do you suppose that they are printed without the numbers? A. No; I apprehend that they do it altogether—it appears to me to be stereotyped, done from the block; they only change the figures.
JOHN RATTON . I am the son of John Ratton, who keeps the St. Katherine's Dock Hotel, Upper East Smithfield. I was at home on 24th April, about 10 o'clock at night—I had occasion to go to the bar, and found the prisoner there, drinking a glass of half and half—he had been a customer of ours for several months—he beckoned to me, and I went to him—he produced this note (looking at one), and asked if I could oblige him with change for a 5l. note—I said, I dare say I could—I held it up to the light, and examined it; I did not like the appearance of it—I took it to my father, and asked his opinion upon it—in consequence of what he said, I asked the prisoner to put his name to it—I handed him a pen and ink—he said, "Will you be kind enough to write it for me? I have been drinking, and am rather nervous"—I did not know his name, and asked him what name I should put upon it—he gave me the name of William Edwards, of the ship Caroline—I wrote those words on the note—I then took it back to my father, and he gave me five sovereigns—I gave them to the prisoner, and he went away—this is the note he gave me—here is my own handwriting upon it.
Prisoner. Q. Did not I tell you that I belonged to the Eliza Thornton, and that I got the note from the captain for wages? A. No, you told me nothing of the kind.
Prisoners Defence. All I have to say is, that I never knew of the notes being forged till the night previous to my going to Mr. Fairey's; after I went into Mr. Fairey's, and changed the note there, the party that gave me these notes told me after I came out, "Don't go a nigh the places where you changed those notes any more, for they are forged notes;" I never knew that they were forged till he told me; I gave him part of the money, and he gave me three bad 5l. notes; I took them home, and placed them under a dressing case in my room, and concealed them, and never said anything to my wife about them; next morning I was going down to the docks about a ship, when I was detected in the Commercial-road; I have been to sea for the last seventeen years, and this is the first time I was ever in a court of justice; the constable has papers referring to my character from the masters I have been with—(The officer handed them in).
GUILTY . Aged 35.— Confined Six Months, and Transported for Fourteen Years.
MESSRS. CLARKSON and BAYLEY conducted the Prosecution.
ROBERT ROACH . I am gaoler at the Thames Police Court, Stepney, and reside at No. 35, Grosvenor-street, Stepney. The prisoner and John Charlton, who has just been tried, came to reside at my house, some time in Jan. last; they took one room only, the front room first floor; they lived together as man and wife—I cannot say whether there was any place in the room in which the man could have locked up anything without the prisoner knowing it, or having access to it; there may have been a trunk, or small thing of that sort, but nothing as a fixture in the room, which could be locked up—John Charlton resided there nearly the whole of the time, with the exception of his being away, as he said, on board a vessel, the Annie Logan—he was absent for a week, or a fortnight; he left the prisoner in the room; she resided there during his absence—they always passed as man and wife; I took them into the house as such; they had no children.
WILLIAM SMITH (police sergeant, K 28). I was at the police station in Arbour-square on 3rd May, when John Charlton was brought there in custody—in consequence of what I learned about where he lodged, I went to No. 35, Grosvenor-street, Stepney, accompanied by Woodhouse—he was in his uniform; I was in plain clothes—we went to the first floor front room; I found the prisoner standing by a table in the centre of the room—there was a fire in the room; it was about 11 o'clock in the morning—when we got into the room she said, "What is the matter?"—I said, "Wait a moment"—she said, "Tell me, oh, do tell me, and let me know the worst of it!"—I then said, "Your husband is locked up at Arbour-square police station, charged with uttering a forged 10l. note"—she then appeared very faint and ill; I thought she would be likely to fall, and I cleared an easy arm chair that was near her, and requested her several times to sit down, but she would not do so—I and Woodhouse then commenced searching the room, and while we were doing so, she hurriedly left the table where she was standing, went towards the fire, lifted up her right arm, in the hand of which was some paper; she attempted to throw it towards the fire, when I caught hold of her arm, and prevented her from doing so—I took the paper from her hand, and upon examining it, I found it to contain three 5l. notes; they were wrapped up in this piece of paper—I marked the notes with the initials "W. S."—these (produced) are the same—I took them from her, and we went on searching the room—she did not say anything, but appeared very faint and ill, and walked about the room—some short time afterwards, perhaps two or three minutes, she went to a sideboard in the same room and took from a metal vessel, a sort of teapot or coffee pot, this 5l. note which I now produce—she gave it to me, and said, "Take this, and keep it; it is a good one, and burn the others"—she afterwards said, "What a shame that I should be kept in the dark like this! I found these notes since my husband went out this morning, and I do not know anything about them"—that was all she said—I then took her to the station.
COURT. Q. Have you told us all that passed? A. I believe I have, every word—she had not asked me any question which I had refused to answer; I had not kept her in the dark as to anything, only at the onset, when I said, "Wait a moment"—Woodhouse did not refuse to answer any question; I do not remember that any words passed between them.
JAMES BARTON . I am an inspector of notes to the Bank of England. These three 5l. notes are all forgeries; in my judgment, they are from the same plate, and also from the same plate as those which I examined in the last case.
WILLIAM SMITH re-examined. Among other things that I found in the room was this certificate (producing it)—it purports to be a certificate of the marriage of John Charlton and Charlotte Way—I found it in a box among other papers.
Prisoner's Defence. I own to the notes being found In my hand; I had been laid up very ill for a week, which Mr. Roach knows; I had scarcely ever been out of my room for a week previous to being taken; I had been to the doctor's the day before, and had a place in my throat lanced; I felt a little better that morning, and got up to clean my room, and as I was cleaning the room I found these papers concealed between two boxes, wrapped up in the paper that the officer has produced; I told him so when he took me; I was removing my husband's chest from a box of mine when I found them; I took them out and looked at them, not knowing whether they were good or bad, for I am no scholar; I doubled them up, as the officer found them, and put them on the table, where they were lying when he came in; everything was in confusion; as soon as he told me that my husband was in custody for passing a bad 10l. note I thought that these were bad as well, for I did not know where he could have got them; I went to the table and stood where they laid, and in my confusion and fright I own that I did take them in my hand, not knowing at the time the consequence of what I was doing; the officer said, "I have got them, these are bad as well as the others;" I then took the note from the teapot; my husband had brought it home the night before, and told me that he had to send it in a letter to the mother of a seafaring man, a shipmate or acquaintance of his; I said to him, "Why not send it, and not let it lay here? it is not ours;" he said, "I will do it;" I certainly did take it from the teapot when the officer said they were bad ones, and said, "Here is a good note which my husband brought home;" I believed it to be a good note; I can assure you that I knew nothing about the notes, I had no concern in them whatever; I always worked hard and honestly for my living; I am his wife, and I have witnesses to prove it.
HARRIET BLAKE . I am a widow; I live at No. 4, Postern-row, Tewer-hill, and have done so for twenty-six years. I keep a coffee shop—the prisoner lived servant with me two years before she was married—she was married from my place—I saw her married, and my name is on the certificate—I do not know the name of the clergyman who married her—she was a very honest girl, I never wish to have a better servant—I have lost sight of her since her marriage, I have perhaps seen her once or twice.
(Mary Ann Holmes, of No. 7, William-street, Limehouse-fields, wife of a carpenter in the Docks, also deposed to the prisoner's good character.)
ROBERT ROACH re-examined. I know that the prisoner had been ill for a few days previous to her being taken—I do not know whether she had been to a doctor's, or whether she was better that day, I was' not at home.
NOT GUILTY .
MR. LILLEY conducted the Prosecution.
HENRY HILL (policeman, V 256). On Saturday, 6th May, I was on duty near the Rising Sun, at Twickenham, and about half past 12 o'clock at night I saw the prisoner in a meadow, in company with Susan Ginman—I knew her—she was sitting on the grass, and the prisoner lying by the side of her
—I asked what they were doing there—Ginman said she was merely speaking to the young man, and giving him a little good advice—the prisoner was in liquor, and she was very much in liquor indeed—I told them they must go away from there, or I should take them to the station—the prisoner got up and walked away as far as the gate of the field, towards Richmond; he then turned round, and said, "Send my mate after me"—I told him to come back and fetch her, seeing that she was very much in liquor—he came back and lifted her up—she said she could not walk, that he had hurt her leg, that he had kicked her—the prisoner said that he had not kicked her, but that if she could not walk he would carry her—he then took her upon his back, and they went away towards Twickenham—about a quarter before 4 o'clock that morning I saw Ginman again, near York-villas, in the Richmond road; that was about 300 or 400 yards from the place where I had first seen her—I did not see in what state she was at that time, I did not see anything the matter with her leg—I spoke to her, and she said she had got a pain in her leg—I just moved her off the coping, and then left her.
DENNIS REDMAN (policeman, V 92). On Saturday morning, 6th May, about half past 3 o'clock, I was on duty in George-street, Richmond, and saw the prisoner standing at the top of a paved court, not far from George-street—I went down to know his business there at such an early hour; he appeared very drunk, as if recovering from a drunken sleep—I asked what he had been doing there—he said he had been on the lush all night; that he met with a woman and went across the water with her, and got drinking along with her; that he had everything that was suitable to his mind, and then he had kicked her, and that she said, "Oh, you have broken my leg"—I asked him why he did so—he said that he was so drunk he could not tell what he did—he then pulled out a purse, and told me he had come from Berkshire the day before, and had 30s. in the purse, and the remaining portion of it was three half crowns, which he showed me—I directed him to a coffee shop, and did not see him again till he was in custody, the same day.
Prisoner. I did not say that I kicked her, I said that she complained that I had kicked her and hurt her leg. Witness. I am certain he told me that he had kicked her, and that she said, "Oh, you have broken my leg."
VINCENT LITCHFIELD . I am a member of the Royal College of Surgeons. I was called between 7 and 8 o'clock on the Saturday morning to attend Susan Ginman—I found her at her own house, by the water side at Twickenham—she was sitting on a low stool before the fireplace, and complaining very much of her leg—I examined it, and found a compound fracture of the bones of the leg above the ankle—I had some conversation with her on the subject—I sent her to St. George's Hospital, as it was so bad a fracture, and there were no means of treating it there.
THOMAS KING HORNIDGE . I am house surgeon at St. George's Hospital. The deceased was brought there on 6th May—I found she had sustained a compound fracture of the leg, about an inch and a half above the ankle—she continued under my care till her death, on the 14th—she died of mortification of the leg, from the fracture—the wounds on the leg were two lacerated wounds; she was of a bad constitution—about two days before her death I told her that I thought she was not very likely to recover—I think, from my communication to her, she was under the apprehension of speedy death, but T could not swear to that—she said two or three times that she did not think she should recover—she said that after I had told her what my opinion of her case was.
COURT. Q. Did she send for her friends, or express a wish to do so? A.
No; she did not appear to have any friends that she cared about seeing—she had said that she thought she should not recover, two or three times, before I made the communication to her—it is not uncommon with some persons to state that, without haying any definite notion that they are really going to die directly, it depends very much upon the temperament of the patient.
(MR. JUSTICE COLERIDGE was of opinion that this evidence did not disclose such an apprehension of immediate death on the part of the woman as to render any statement of her' to the witness admissible.)
JAMES CHANDLER (police sergeant, V 5). About 3 o'clock on the morning of 6th May, I was on duty in the Richmond-road, Twickenham, near the Rising Sun—I was on horseback—I met the prisoner carrying Susan Ginman—she stated in his presence that he had kicked her, she did not state it in the shape of a complaint—the prisoner replied, "No, I have not kicked you"—she was very drunk, and the prisoner also—I asked her how he did it; she made no answer—I asked her a second time, after more conversation—she made no answer—I then asked her if he did it for the purpose—she said, "No, I don't know about that"—I afterwards apprehended the prisoner, about 2 o'clock that same afternoon—I found him asleep by the water side at Richmond—I told him the charge—he said he was not aware that he had kicked her—I observed a quantity of blood on the back part of the legs of his trowsers, and some on the front part of his boots—my brother constable asked him some questions about the blood, and he said his comrade's nose had been bleeding the night previous, and that was how the blood came on his trowsers—I had known the deceased nearly four years, she was a drunken, dissipated character—she professed to earn her living by millinery, but the principal part of her occupation was that of a prostitute.
NOT GUILTY .
NEW COURT—Wednesday, June 14th, 1854.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. HUNTER; Mr. RECORDER; Mr. Ald. CUBITT; and Mr. Ald ROSE.
Before Mr. Recorder and the Fifth Jury.
PLEADED GUILTY . Aged 19.— Confined Four Months.
MR. PARRY conducted the Prosecution.
JOSUA TAYLOR . I am a meat salesman, in Newgate-market; I live at No. 3, Hayes-place, Dalston, in the parish of Hackney. On Monday morning, 15th May, I left home at half past 9 o'clock—I left my wife and a lodger, named Smith, at home—my wife joined me in the City, about 2 o'clock, or a quarter past 2 o'clock—J returned to my house at Dalston, about 11 o'clock in the evening, and found a police constable there—my house had been broken and entered with false keys, the back parlour door had been forced open—the front door of the house was opened with a
skeleton key—when the back parlour door was forced open, it would give any person admission into the front parlour; there are folding doors—I missed from the front parlour a gold ring, some handkerchiefs, a wrapper, and some other things—the value of the whole was 25l., or upwards—at the back of my house there is a very low wall, four or five feet high, and at the back of it is an open ground—I know Platt; he had been employed to stuff some chairs on the Wednesday before this robbery—the chairs had been stuffed in the front parlour; a great many of the things that I lost were kept in the front parlour—I did not see Platt on 15th May.
MARY ANN TAYLOR . I am the wife of Joshua Taylor. I did not go out with my husband on the morning of 15th May—I went out a little after 1 o'clock, and left Ellen Smith in the house—I knew Platt by working at the house; he had been cutting out the chintz for the seat of the chairs in the front parlour—the things lost were in both parlours—we occupy the back parlour as a bedroom, and the front parlour as a sitting room; Platt had the opportunity of going into both the rooms when he was working there—he came there on the morning of 15th May, about 10 o'clock, for some more chintz, and to stuff the cushions—I said he could not begin to stuff the cushions, my husband was out, and I was going out, and I should not be at home that day—he went away and said he would come again to-morrow morning, about 10—I gave him some chintz, and he cut it—I returned home again about 11 that evening—I missed my earrings, a ring, a pair of studs of my husbands, a cloth dress, a black velvet mantle, some shirts, pillow cases, and some handkerchiefs—most of them were in the room where Platt had been at work—the earrings had been in my work box, locked up in the front parlour—the work box had been broken open, and two drawers had been broken open—the value of the property lost was about 25l. or 30l.; I have never seen any of it since.
ELLEN SMITH . I occupy apartments in the house of Mr. Taylor; my little boy lives with me. On the day in question, I left the house about 3 o'clock; it was then all perfectly secure—I did not return till a quarter past ten, I found the street door and the back parlour door open—I made it known to a policeman, and he came—there was no one on the premises when I returned.
COURT. Q. Had you locked the front door when you went out? A. I shut it—it shuts with a spring lock, and opens with a large key—my little boy went with me—he is nine years old.
JOSEPH WELLS . I am a postman. I attempted to deliver a letter at No. 3, Hayes-place, Dalston, on 15th May—I went there at 6 o'clock; I knocked, and no one answered—the door was open—I went again at half past 7, and again about 9; I knocked each time and no one answered.
Cross-examined by Mr. MEW. Q. What is the distance? A. About fifty yards—it is not 100 yards—I think not more than fifty.
SAMUEL HAYES re-examined. I was standing at Mr. Bye's door on Monday afternoon, 15th May, about 6 o'clock, or a little after—I am quite sure it was about that time—I know Mr. Taylor's house very well indeed—I saw a tall man come out of that house and leave it in a hurried way, he had a bundle under bis arm; he went away towards Haggerstone Church—he
came out at the front door—I saw that man again—I went away with the policeman, and saw him—that man is here—this man (pointing to Platt) is the man who had the bundle, and came out of the front door, and this other man (East court) jumped over the wall at the back of the house—I am quite sure that these are the two men whom I saw as I describe—I am positive.
Cross-examined. Q. What time was this? A. A little after 6 o'clock, the prisoners both followed each other quickly out of the housed—they ran quickly away—Platt left the house a little first—I have never been called upon to give any description of either of the men, only at the Court—I saw the faces of both the prisoners, they were going about there—I saw them come opposite to each other, and speak, and then separate again—that was before I saw them come out of the house—I told the policeman that the prisoner Platt had short hair, and I knew him from that.
MR. PARRY. Q. Where had you seen them before you saw them running out of the house? A. In the road, opposite the front door—I saw them together a very short time—by short hair, I mean about this length (the length of his fingers), Platt had a hat on, not a cap—his hair was about that length under the hat.
COURT. Q. Where were you when you saw them meet and talk, and part again? A. I was in the shop, and they were standing by a grocer's—I was sitting down at work in the shop—there was a glass window between me and them—I went to the door, and after I got to the door, I saw him walk out of the front of the house; I thought he was a thief, because he left the house with a bundle—I saw the postman go by with a red collar, after the men had left.
JAMES HAWKINS (the interpreter), Cross-examined by MR. MEW. Q. You have had a great deal of experience amongst deaf and dumb persons? A. Yes; they are educated in the principles of religion, as for as we are able to instruct them—I have before examined witnesses who are deaf and dumb—I have generally found them correct—they are obstinate.
MR. PARRY. Q. With regard to this boy, what is his capacity? A. We considered in the Institution where he was brought up that he was very intelligent—I believe he is very intelligent for a deaf and dumb boy—they are generally very acute in observations by the eye.
HENRY FRANCIS (policeman, N 227). From information I received, I went to the prosecutor's house on 15th May—I found it had been entered by a key, and the back parlour door had been broken—I found this drawer had been broken open, which formed one of a chest of drawers in the front parlour—it had been forced open by a screw driver—the parlour door had been opened in the same manner—I took Platt into custody on Wednesday, 17th May, in Austin-street, Shoreditch—I told him he was charged with breaking into Mr. Taylor's—he knocked at the back door of No. 34, Austin-street, where he lives, and said, "I have got to go at last"—I brought him to the police court on the Wednesday, and when I got to the court I saw Eastcourt there—the deaf and dumb boy took hold of me, and led me to Eastcourt, and pointed to him—the boy said something by signs to Mr. Bye, his master, and Mr. Bye said, in Eastcourt's presence, that the boy identified him as being the other man who had robbed Mr. Taylor—Eastcourt cried, and said he was at home at work all day—I took him into custody—I have ascertained that the prisoners live together at No. 34, Austin-street—I went to their house, and found this screw driver in the front room, where Platt lives-—I have tried this screw driver with the marks on the inner door at Mr. Taylor's, and the marks correspond exactly—here is the drawer (produced), and the screw driver corresponds
with the marks on it—this is the mark where the drawer was wrenched open—in the deal wood of the door the marks are deeper—this drawer is mahogany.
Cross-examined. Q. When did you first go to Mr. Taylor's? A. On 15th May; I obtained the information of the robbery about half past 10 o'clock that evening—I went to the prisoners' house on that same Monday night, with Mr. Taylor—I went again on Tuesday night, with the deaf and dumb lad—I understood from Mr. Bye that he could identify the parties if he saw them—when I got there I saw Platt and another man standing outside the house, on the pavement in front of the door—it was about half past 9 o'clock—I thought the deaf and dumb lad did not recognize Platt, and we came away; but when we got a little way, the deaf and dumb lad seemed agitated, and I wrote on a bit of paper, which I have here, "Is that the man?" and he wrote under it, "Yes"—before the boy had written this, I had told Platt he might go to bed very contentedly, for the boy did not identify him; I thought at that time the boy did not recognize him—I went again on the Wednesday morning with Mr. Taylor—I have adopted every means in my power to identify these men—I have tried to take other persons to identify them—there was a milk girl, who thought she could identify them; she was brought to the police court, and could not identify either of them—she did not say they were not the men; she said she did not know any one there—when I took Platt into custody he was not doing anything but standing at his own door.
MR. PARRY. Q. You told Platt he might go to bed, the boy did not identify him; was that your impression at the time? A. Yes; after I went away from Platt's, the lad seemed identify, which induced me to write—I then went to Mr. Bye's, the lad's master; he can understand the boy—I did not go back to Platt's that night; I thought there was no occasion—I knew he would not go away till the morning.
Eastcourt. The witness says that the boy said I was the man; I deny that. Witness. I am quite sure that Mr. Bye said that the boy identified him—the prisoner might not have heard it.
JAMES THOMAS BYE . I am a shoemaker; the deaf and dumb lad is my apprentice. I was at the police court when Eastcourt was there—the boy took hold of the policeman—I told him that the boy said that Eastcourt was the second party who had run away—Eastcourt must have been very deaf if he did not hear it.
Eastcourt's Defence. About 11 o'clock in the morning, on 17th May, I was at home at work, Mr. Campbell came and told me Mr. Platt was taken into custody on a charge of robbery; my being always at home, I knew Mr. Platt had been at home on Monday; Mrs. Platt wished me to go to state that Mr. Platt was at work; I was rather busy, but I said I did not mind going if I could do the man any good; I went, and was standing outside for a quarter of an hour or twenty minutes; the prosecutor and others were there; I did not know who they were till Mr. Campbell pointed them out to me; after that Mrs. Platt was sitting in the police court, and I was talking to her; the officers came to me and said, "You are one of them; just come here, I will put you on the shelf;" and with that he took me into custody; I could swear that I never spoke to this man above once since I have known him; one night, in the Easter week, we had very warm weather, and Mr. and Mrs. Platt had chairs outside and were sitting, and me and my wife had been out; we came home, and I said, "I shall go to bed, good night;" though I have been six or seven months in the house, I believe no one can say that I went in either of the other rooms; the public houses
I never use; I drink no beer, not above once or twice in a month; I worked five years for Mr. Sharran, in Hackney-road, and no one can say but that I was always attentive to my work; I left that gentleman, and took work for a warehouse; on that day I made five pairs of water tight uppers, and every one knows that that is a very tight day's work, in fact few can do so much; there was a person in my room four or five times that afternoon; Mr. Campbell was there, and a woman in the house was there.
MR. MEW called
JAMES CAMPBELL . I am a boot maker of No. 34, Austin-street; there are lodgers in all the apartments in the house—I know the prisoner Platt—he is married—I recollect 15th May; I was at work that day at my own house—I saw him—I know him to be at home at his own place from 2 o'clock till 8 in the evening—he sent for me in his room—I walked in between 3 and 4, and there was Platt hard at work—his brother was there, and his wife and children; he told me to sit down, and I did for a time—I had occasion to leave the room between 5 and 6 o'clock, and as I was returning I saw the prisoner Eastcourt in his room—I think I went back about half past 5—I remained there till within 10 minutes to 8; as near 8 as possible—his brother was in the room all the time that I was there—I saw Eastcourt in his room, standing by the side of the fireplace, in his shirt sleeves, when I was returning up the second time to Plato's room.
Cross-examined by MR. PARRY. Q. What is Platt? A. A chair and sofa stuffer—he first sent his little boy, a child, to me with a message, and then his wife stood on the stairs and called me—he occupies the first floor front room; I occupy the ground floor—he sent to me between 3 and 4 o'clock—when I got into his room, he told me to sit down, and he said, "I want you to do me a job; I have a pair of boots I want you to new front and sole;" and I agreed with him to do the job—I was to have the job that week to do—I sat down in Platt's room for two hours, because I had no particular employment; I sat from 3 till half past 5 o'clock, doing nothing—I was talking—I believe the greater part of the talk was about the Russian question—I had been at work in the fore part of the morning—when I was called by him at 3 o'clock, I was sitting at work making a pair of shoes for a man named Dodge, who lives in Phillip-street, Kingsland-road—I had not finished those shoes—they have been finished since, and taken home—I had a glass of beer about half past 5 o'clock, in Platt's room—as Platt was at work stuffing a chair, he said to me, "Will you have a glass of beer?"—I said, "I don't mind"—he paid 2d. and I paid 2d. to have a pot of porter—his brother George was there, his wife was there, and his two children—one of them I think is not more than three years old—the other is an infant—I had been there two hours and a half before anything was said about beer—I was idling; sitting on a chair—his brother George was sitting there, doing nothing—I was not particularly compelled to do my work on the Monday evening—Platt wanted his boots new fronted and soled—I have not done it, because he was taken the next morning, or the Wednesday—his wife was in the room, and down stairs, she was doing domestic work—I cannot tell how often she went down; I swear she went once—it was either her or my wife fetched the beer—George is the same business as the prisoner Platt—I left the room about half past 5 o'clock—I do not suppose I was away more than five minutes; I went from his room into the yard—Eastcourt lives on the same floor that Platt does—I saw Eastcourt in his room, about half past 5 o'clock—I left altogether about 10 minutes before 8 o'clock—I had nothing more to eat or to drink.
COURT. Q. Platt occupies the first floor front room, and you occupy the ground floor? A. Yes; Eastcourt occupies the back room on the first floor—I passed his door when I went to Platt's.
ELIZABETH WOOD . I live on the ground floor, at No. 34, Austin-street, Shoreditch. I was at home on Monday evening, 15th May; I was at home all the afternoon; I did not go out till half past 9 o'clock in the evening—I live in the front room on the ground floor, and Mr. Campbell lives in the back room—I recollect seeing Platt at home at 6 o'clock that evening—I sat against my door, and heard the clock strike 6, and heard the chimes play—I saw Platt standing on the stairs in his shirt sleeves, speaking to his wife.
Cross-examined by MR. PARRY. Q. At that time did you see Platt? A. I believe he was up stairs; I did not see him—I had occasion to speak to Mrs. Platt; she was speaking to Mr. Platt, and asking him what sized castors she was to bring to put on the chairs.
HENRY BILSON . I am an upholsterer and furniture dealer, in Hackney-road. Platt works for me—on 15th May I gave him an easy chair to stuff, between 11 and 12 o'clock; it would take him six or seven hours to do—he brought it home about 8 o'clock at night, as near as I can remember—I thought at first it was earlier, but I remembered afterwards that I was just about lighting the gas—I wanted the chair as soon as it was done, and he brought it in; he was always very punctual, and a good workman—he had a good character.
(Platt received a good character.)
(MR. PARRY here stated that he would not press the charge.)
NOT GUILTY .
THIRD COURT.—Wednesday, June 14th, 1854.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. MOON; Mr. Ald. ROSE; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
ADAM BECKER . I arrived at Uxbridge on Saturday last, and went to bed at the Bell public house—I laid my trowsers on a table near the bed; in the pocket of them was a sovereign in a little book, 2 French sous, and two brass rings—I got up at 8 o'clock in the morning, and missed them—I told a policeman—these brass rings (produced) belong to me.
SAMUEL HARDING . I am a ropemaker. On Saturday last I was at the Bell public-house, Uxbridge—the prisoner slept in the same room with me—he was not in the room when I went to bed—I awoke in the night, and saw a candle burning in the room, but there was no one there—I had put my candle out, and it surprised me very much—in about three minutes the prisoner came into the room; he looked at me very hard for about two minutes, but I pretended to be asleep, and he went out again, and pushed the door to—in about a quarter of an hour or twenty minutes he came back, and looked at me again—I pretended to be asleep, and he sat down on the foot of the bed, pulled something out, examined it, wrapped it in paper, and then put it up the chimney—he then put his hand to his tongue, and rubbed it on
his trowsers—it was a little box of some sort that he had, but what was in it I could not see—he put something into it, put it into his left hand waist-coat pocket, and it seemed to rattle against something—when I awoke in the morning he was gone—I heard of the robbery, pointed out the chimney to a policeman, and saw him find there two copper coins and two rings—I did not give an alarm at the time, because I did not know anything was going on wrong, and I was in a strange place.
MICHAEL RYAN (policeman). I received information about half past 8 o'clock, and found that the prisoner had left very early, before anybody got up—I went in pursuit of him, found him at a beershop, took him back to the public house where the robbery had been committed, and searched him there, but found nothing on him but 1s. 2d., which had been given him by a sergeant, as a recruit in the Coldstream Guards—I heard something from Harding, and found these two rings and these two French coins up the chimney—I received this box (produced) from Turner.
Prisoner's Defence. When the constable took me, Harding could not swear whether I was the man or not.
SAMUEL HARDING re-examined. When I saw the prisoner in the room he was in his shirt sleeves, and had got his coat over his arm—he came twice into the room, and was dressed in the same way both times—I saw him undress and got into bed—it was a little before 9 o'clock when I awoke in the morning, and found him gone.
NOT GUILTY .
DIANA BATT . I am in the service of Mr. Spottiswoode, at Westminster. The prisoner was cook there, and slept with me—I had been there nine days when she was taken—I was not aware that she was in the family way—on 29th April, in the afternoon, I saw her in the first larder, putting some clothes into the ice box—she appeared to be unwell, and I assisted her up stairs to bed—a doctor saw her in the evening, and I sat up with her all night—she had got up that Saturday morning about 5 o'clock, and had complained of being unwell all day.
SUSANNAH FRENCH . I am lady's maid, in Mr. Spottiswoode's family. I had only been three weeks when this happened—I found the prisoner there when I went—I recollect her going up to bed on 29th April; I assisted her up stairs—I went up to her in the evening, and she said she wanted to go to the ice box, as she had something there which she wanted to put into water; but I advised her not—she said she must go—I said she had better not, and then she gave me the key of the ice box, and said she had a baby there—I did not go to the ice box myself.
WILLIAMS SIMS (policeman). I went to the doctor's residence; and in consequence of information from him, went to Mr. Spottiswoode's, and found the ice box locked and sealed—I broke the seal, and found the body of a male child there, with its head downwards—I afterwards took the prisoner into custody.
NOT GUILTY .
HENRY WILLIAM PAYNE . I am shopman to George and Robert Emery, of No. 43, Farringdon-street. On 5th May, I saw the prisoner sitting at my counter—a communication was made to me by another shopman, and I observed the prisoner picking up 6d. from the floor; a lady sitting by picked it up for her—I then went round and saw something bulging from the prisoner's right arm; I lifted up her shawl, and found this shawl (produced)—I turned her round, and showed it to a customer sitting there, Mrs. Leonard—the prisoner said the shopman had given it her, and that she would make it all right with me; she wanted to go to the end of the shop—I called a policeman, and gave her into custody.
SUSANNAH LEONARD . I was in Messrs. Emery's shop, and saw the prisoner there—she dropped a 6d.; she was a few minutes picking it up, and I asked her if I should pick it up for her—she said, "Yes"—I did so, and she thanked me—I afterwards saw the last witness turn her round to me; he then pulled her shawl aside, and said, "Do you see that this lady has a shawl under her arm?"—I said, "Yes;" and she dropped the shawl at my feet.
JOHN ORME . I am a shopman, in Messrs. Emery's employ. I saw the prisoner come in on 5th May; she asked for some print, to match a pattern that she had—the young man who sells the prints was down stairs, and I asked her in the mean time if I should show her anything in the way of dresses, or shawls—she said, "I will look at some shawls"—I took her to the shawl room; she said she wanted a black square shawl—I showed her several common ones, but they would not do at all; I showed her some scarf shawls, but they were too expensive—she asked me to open one, and when I was in the act of doing so I saw her putting something under her arm—in consequence of that, I made a communication to the first witness.
Prisoner's Defence (written). I had occasion to go to the shop of my prosecutor for a few articles I was in want of; the young man who was in the habit of serving me was not there; I waited some minutes, when another young man came, and asked me to go up stairs with him, and look at some shawls, which I did; I told him I was not in want of one at present, as I had not sufficient money with me to purchase one, and I did not go there with the intention of buying one; he kept me there up stairs for about twenty minutes, and would not let me down; he knew me by living on the opposite side of the street; I told him I would acquaint the man in the shop of his behaviour, for his conduct was disgraceful; he begged me not to say anything, and with that he gave me the shawl now produced; I then came down stairs and bought some print; I had been down some time when the shopman came and asked me what I had under my arm; I told him it was a shawl, and said the young man up stairs gave it me; on his being asked if such was the case, he denied it; I was then taken into custody, and explained how I came by the shawl; I have had to work very hard for my living, and this is the first time I have ever been accused of dishonesty; I trust that you will be led to see that I am innocent of what I am now accused.
Prisoner. Q. Did not you say something to me about my fellow servant? A. No; I never saw you before, and know nothing about your fellow servant.
Prisoner. I lived opposite, at Mr. Fletcher's, the wine merchant's, and we used to run over there every night.
COURT to JOHN ORME. Q. Are you any longer in their employment? A. No; I left about a fortnight ago, through ill health—there was no other reason for my leaving.
NOT GUILTY .
MR. RIBTON conducted the Prosecution.
EDWARD FUNNELL (City policeman). On 4th June I was in St. Paul's-churchyard, and saw a great crowd—the prisoner was there, and I saw him with both his hands against a gentleman's waistcoat pocket—he took out a watch with his left hand, and I laid hold of him—he dropped the watch, and directly put his hand to his pocket—I handed him over to a man in uniform, searched him, and found this small knife, a half sovereign, and 5s. 6d. in silver, in his right trowsers pocket; and he gave his address, No. 6, St. George's-street, Whitechapel—I made inquiry, and found it was false; there is no such street.
Cross-examined by MR. POLAND. Q. Is there George's-street? A. Yes; the Alderman told me to go with the prisoner in a cab, and let him show me, and then he said, "I will not give you the trouble, I do not live there;" upon which I took him back, and the Alderman fully committed him—I saw him in St. Paul's-churchyard for half an hour—I was in private clothes—he had a companion, who was standing in front of Mr. Williams—I was not more than three feet from them—there were several persons between us—I swear I saw the watch in his hand—he took it out with his left hand; he put his fingers in the pocket.
THOMAS WILLIAMS . On 4th June I was in St. Paul's-churchyard, looking at the soldiers going to St. Paul's—I had my watch in my pocket, and in consequence of what was said to me I found it hanging before me—I had not pulled it out—it was worth 3l. 10s.
Cross-examined. Q. How was it attached? A. With a ribbon round my neck, and my watch was in my left waistcoat pocket—I felt no jerk, and did not know it was taken—the prisoner was on my left side.
GUILTY . Aged 15.— Confined Four Months.
740. FREDERICK DIXON HOOD , unlawfully assaulting Jane Dixon Hood, on 4th and 18th March, with intent, etc. 2nd COUNT, for an indecent assault. Other Counts, charging similar offences upon Mary Ann Dixon Hood, on 19th May.
MESSRS. RYLAND and LOCKE conducted the Prosecution.
GUILTY of assaulting the elder daughter, Jane Dixon Hood. Aged 43.— Confined Eighteen Months.
MR. THOMPSON conducted the Prosecution.
DAVID DOVE . I belong to the brig Relief, of Sunderland, which was lying off Mill-hole—on Whit Tuesday, between 12 and 1 o'clock in the morning, I was going along Wapping; the prisoners came up to me, struck me, knocked me down, and made me bleed from the nose and mouth; they then took off my shoes and my hat, and used me very badly—they said as I was quiet they would spare my life—I had only 2s. or 3s. in my pocket—I had never seen them before—the police came up in about ten minutes, and I got back my hat and shoes about 2 o'clock.
Cross-examined by MR. BYERLY THOMPSON. Q. You do not swear to either of the prisoners? A. No; if they would pay my expenses, I would let them off free, for the sake of their poor mother—I met the police about twenty yards off, and it was not half an hour afterwards before I met the prisoners—I had had two pints of beer—I do not know whether the public houses were open at that time; they are open in that neighbourhood till half past 10 o'clock—I have had a pint or two of beer to-day; I can talk sensibly as well as you can—I have had some bread and cheese, that is all—I never touched whisky in my life—I had a pint of ale half an hour ago.
DAVID DALE (policeman, K 425). About a quarter to 2 o'clock on Wednesday morning, 7th June, I was on duty in Wapping-wall, and met the prosecutor without any shoes or hat, and bleeding from the mouth—he was tipsy—I went with him, and in about three minutes met the prisoners—two or three yards before I got to them, Conlan dropped a cap from under his arm—I said, "Where did you get that?"—he said, "I picked it up"—I said, "These boots would be better off, they are too long for you; I think they are the old man's boots," meaning the prosecutor—I took them both to the station—Sweeney said he got them from a public house in Wapping-wall, about 100 yards distant—this public house was open a few minutes before, when I passed down the street—I found on Sweeney three sovereigns, a half sovereign, a watch, 2 1/2 d. in copper, and a knife—I took these boots off Conlan, and Dove identified him.
Cross-examined. Q. Was it you that pointed the prisoner out? A. No; I asked Dove if that was his hat, he said, "Yes," and I took it off Conlan's head—he said he picked it up, and that the boots were his own—public houses in that neighbourhood are frequently open at that time—this was about a quarter of a mile from Mill-hole—Dove has worn the boots since.
Cross-examined. Q. How long have you had the shoes? A. Three or four months—I bought them at a general shop in Sunderland.
CONLAN— GUILTY**.— Confined Six Months.
SWEENEY— NOT GUILTY .
MR. RYLAND conducted the Prosecution.
EDWARD JAMES NORRISS . I keep the Rose and Crown public house, Fort-street, Spital-square. Yesterday fortnight, an elderly man came and had a pint of porter; while he was there a young man about the male prisoner's size came and talked to him—I cannot say he is the man—there were some pint and quart pots near the fire drying, which had been cleaned just before—some days afterwards I was shown a pint pot by the police; it was mine, and appeared as if it had been recently cleaned, and had not been used since.
WILLIAM SAINSBURY (policeman, H 205). On Tuesday, 30th May, about half past 8 o'clock in the evening I went with Mr. Brown to No. 4, Windsor-street, Bishopsgate, and found the two prisoners there in a room together; Criton was sitting on a chair, and Hollis was just taking a pot off the fire on to the table with pewter metal in it, melted—I found another sauce-pan under the grate with a pint pot in it, and the handle of it which had been sawn off—it was not at all melted, the name of "Nooth" was on it—I asked Criton where the other pots were, and she deliberately walked to the cupboard and gave me these other two pots (produced), one of which bears
Mr. Norriss's name, and the other Mr. Nooth's—I took the prisoners into custody—as we went to the station I asked Criton the reason she had done it, she said her husband had gone out and had left her no money, and she told him she would have some money before he came home.
Criton's Defence. I have been living with Hollis some time, he is not my husband; I went out to get some beer for him; I said that Mr. Brown would not lend pots at that distance, and he said, "Tell him some name close by," and I gave him a name in the next street; when I took the beer home he melted the pots; I had no intention of stealing them; I told him at the time not to melt them, and he said his father sold pots, and he would go to him and get him to write the names on some more pots and return them.
CRITON— GUILTY of receiving. Aged 20.— Confined Two Months.
HOLLIS— NOT GUILTY .
HOLLIS PLEADED GUILTY . Aged 20.—He received a good character.
Confined One Month.
MR. RYLAND offered no evidence against CRITON.
NOT GUILTY .
MR. MEW conducted the Prosecution.
ELIZABETH NORMINGTON . I live at No. 9, Gill-street, West India-road. I was married to the prisoner on 2nd Jan. last, at All Saints' Church, Mile-end—people said they thought he was a married man at the time, but I thought he was not; he had told me nothing about it—shortly after we were married, I was with him, and my mother met a woman in the street who said that if I was his second wife, she was his first—he then left me, walked away, and said he was not a married man—he stayed away from me after that.
Cross-examined by MR. POLAND. Q. After this woman spoke to you, I believe you lived with him? A. Yes; because he said that if I did not go home with him he would allow me nothing, so I lived with him for two days afterwards—I took away nothing but my own things.
WILLIAM GRIMES (policeman). The prisoner was given into my charge by the last witness; I asked him what he had to say—he said that what he had to say he would say at the station, but he made no observation there—I received this certificate of marriage from the last witness—I have since compared it with the parish register—(read: "District of All Saints', Mile-end Parish, Stepney. Joseph Lyons, bachelor, and Elizabeth Normington, spinster, married, Jan. 2nd, 1854.")—I also produce a copy of the register of the prior marriage, and have compared it with the register, it is a true copy—(read: "St. Matthew, Bethnal-green, Dec. 19th, 1848. John Baldock and Elizabeth Sloman, married by banns by me. T. Gibson, Curate.")—Susannah Loder is named in the register as a witness; she was one of the bridesmaids—she is now married, and her name is Core.
SUSNNAH CORNE . I am married, and live at No. 40, Princes-street, Whitechapel. I was present at Bethnal-green Old Church, when the prisoner was married, by the name of Joseph Baldock to Elizabeth Sloman—she is alive; I saw her three weeks ago.
Cross-examined. Q. Were you in the Church? A. Yes, and saw the woman there; but I never saw her again till last Friday three weeks—I know her sisters, they are very much like her—she was very much altered when I saw her, and I should not have known her at all if it was not for the tone of her voice—I can only swear to her voice, she is so altered—I should not like to pledge my oath that she is the person.
MR. MEW. Q. Have you any doubt about her? A. I really have—I did not know her at that time; they asked me to go into the vestry and give my name, and I gave it—I have no doubt about the prisoner.
COURT. Q. Am I to understand that you think she is not the person? A. I do not say that; I believe she is the person, married—I am sure it is her, but she is very much altered.
GUILTY . Aged 28.— Confined Three Months.
MR. BALLANTINE conducted the Prosecution.
JOHN WEBB ROBINSON . I am an ironmonger and engineer, of Broad-street, Ratcliffe—I left this cheque (produced) with my clerk, to be paid to Mr. Jackson—my clerk gave me this receipt (produced), but he has had a paralytic stroke, and cannot appear—I do not know the prisoner's writing.
WILLIAM JACKSON . I am an engineer, of No. 6, Leman-street, White-chapel. The prisoner was in my employ at a salary of 15l. a month, and 5l. a quarter—it was his duty to receive money and cheques, on my account—if he received this cheque, he never paid it over to me—it is crossed—I do not know how it got paid, not through my banker—this is the invoice I sent with the goods; this receipt is in the prisoner's writing, and on the back of the cheque, in his writing, is "Mr. Farr."
Cross-examined by MR. SLEIGH. Q. Look at it again; do you adhere to the statement that "Mr. Farr" is in the prisoner's writing? A. I believe it to be so—I am aware that I am on my oath—I have no doubt on my mind, on looking at it again, that it is his writing—he has been in my employment fourteen or fifteen months—there was no written agreement between us; it was verbal—part of his duty was to attend in the counting-house and keep the books—I have no special outdoor collector; the prisoner generally collected my moneys—I have not written to him since I discovered the deficiency in his accounts after his leaving, nor have I caused a letter to be written to him—I believe a letter was written, but not at all by my direction—I have received some money from the prisoner since he left, on account of his deficiencies, and if I had received the balance I probably should not have prosecuted him.
MR. BALLANTINE. Q. How much did you find that he was deficient? A. Upwards of 42l.—he made no communication to me, and paid me no money on account of this 14l.—I did not hear through him of this sum.
CORNELIUS FOAY (police sergeant, H 7). I called the prisoner out of Mr. Pontifex's counting house, and asked him if he had been in Mr. Jackson's employment; he said, "Yes"—I said I was an officer, and was instructed to take him into custody for embezzling money from Mr. Jackson
—he said, "Oh, dear me! what is to become of my wife and family? are there any means of settling it?"—I said, "No," and took him into custody.
(MR. SLEIGH submitted that if the prisoner embezzled anything at all, it was the cheque, and not the sum of 14l. as alleged in the indictment; that even if he had the intention to embezzle the money at the time he received the cheque, the money he subsequently obtained upon it was not money obtained on account of his master; and that therefore the indictment was not sustained, there being no count for embezzling the cheque. MR. BALLANTINE contended that this objection was remedied by Lord Campbell's Act, which provided that in the case of any valuable document, if it was security for money, it should be sufficient to describe it as money. MR. SLEIGH urged that there was an express exception in the statute where the offence related to any chattel, which a piece of paper clearly was The COURT would not stop the case, but would consult the Judges, if necessary.)
GUILTY .— Confined Twelve Months.
MR. BALLANTINE conducted the Prosecution.
JAKES WOOD . I am clerk to Edward Pontifex and another, of Shoe-lane. The prisoner came into their employment in December last, I think, as book-keeper—it was his duty to receive money, if paid to him in-doors; but it was not his duty to collect money out of doors—it was against his duty to receive money away from the premises, under any circumstances.
(MR. SLEIGH suggested that the prisoner did not receive the money by virtue of his employment, it being contrary to his duty to receive it. MR. BALLANTINE withdrew from the prosecution.)
NOT GUILTY .
OLD COURT.—Thursday, June 15th, 1854.
PERESNT—Mr. Baron ALDERSON; Mr. Ald. HUNTER; Mr. Ald. FINNIS; and RUSSELL GURNEY, Esq.
Before Mr. Baron Alderson and the Fourth Jury.
MR. SHARPS conducted the Prosecution.
THOMAS RAWSON . I am a physician, and live at Harberry-terrace, Kensington. On 8th May, about 11 o'clock at night, I attended Mr. Horrocks, at Notting-dale—I found him bleeding profusely from the nose, with a contused and lacerated wound in the centre of the forehead.
COURT. Q. Had that wound anything to do with the bleeding of the nose? A. Yes; I suppose concussion was the cause of the bleeding—no part of the nose was struck, but the concussion might have caused the bleeding; there might have been some previous defect, I did not trace anything of the sort—he had been bleeding profusely from the nose from the time of receiving the blow—a druggist had been attending him for some hours before I was called in; I stopped the bleeding by plugging the nose; I stopped it almost immediately, after carrying him to bed—I remained with
him an hour and a half, and then left—I was called to him next morning, about half past 2 o'clock; he was then bleeding again profusely from the nose; I think that was in consequence of neglect—there are some persons who have the disease of bleeding, which is brought on with the slightest touch, and they continue to bleed for a very long time; it is a disease common in some families—a very slight shake will produce bleeding in such persons.
MR. SHARPE. Q. In what state did you find the deceased the second time you saw him? A. Almost insensible; so much so, that he did not know me; that was from loss of blood—his nose had bled profusely, and was bleeding then—I had given directions that a proper nurse should sit up with him, his wife being eighty-four years of age; and that cold evaporating lotions should be applied to the forehead, and other remedies used; instead of which no nurse was employed, the candle was put out, and his wife went to bed with him—he was seventy-four years of age—on the Wednesday I pronounced him out of danger, I had succeeded in stopping the bleeding, and I thought there was no danger from any other cause—a man of that age does not very readily recover from such a loss of blood, but he had sufficiently recovered to justify me in pronouncing him out of danger—the bone of the forehead was not fractured; it was not at all a serious wound—I was sent for again on Wednesday night, about 10 or 11 o'clock, and then found him in an apoplectic fit—he had quite lost all consciousness and all motion—he died next morning at 7 o'clock.
COURT. Q. Could you, with any reasonable certainty, judge what the cause of that apoplectic fit was? A. I could not with certainty trace it to any cause; there might be many causes; there was no apparent cause—I opened the head, but found no particular appearances—the functions of the brain may be entirely suspended by causes which do not injure the texture of the brain—there was no appearance on the brain directly connected with the outward wound on the head—I found a very slight softening of the brain opposite the wound, but of a very equivocal nature—there was no effusion of blood on the brain; it was a serous apoplexy, not a sanguineous one—I think it very doubtful whether a blow on the forehead from a stone caused all that I saw.
Mr. BARON ALDERSON was of opinion, that after this evidence it was unnecessary to proceed with the facts of the case. The Jury concurring in that view found the prisoner
NOT GUILTY .
748. CHARLES ROBERTS , stealing an order for the payment of 31,107l. 4s. 3d., 2 1,000l. bank notes, 1 300l. note, 1 50l. note, 2 20l. notes, 1 10l. note, and 2 5l. notes; the moneys of George Henry Barnett and others, in the dwelling house of George Holgate Foster and others. 2nd COUNT, for stealing the same from the person of Henry Tasker.
MESSRS. BODKIN and SLEIGH conducted the Prosecution.
HENRY TASKER . I am a clerk in the banking house of Messrs. Barnett, Hoare, and Co. Mr. Barnett's Christian names are George Henry—there are five partners—on Saturday afternoon, 13th May, I had occasion to go to the London Joint Stock Bank, in Princes-street, City, a few minutes after 4 o'clock—I had with me a leather case, for the purpose of containing notes and bills—this is it (producing it); it contained among other things a cheque for 31,107l. 4s. 3d., drawn by the London and Westminster Bank on the Bank of England; and also two 1,000l. Bank of England notes, two for 300l., one for 50l., two for 20l., one for 10l., and two for 5l.; making in all 2,710l.
—this is the cheque, and these are the notes—I was standing at the counter of the bank, with the case in my left hand, it was open; one of the flaps was turned back; the cheque and notes were all together in one pocket—(The witness pointed, out to the Jury the manner in which he held the case)—the notes were folded up in halves—I did not observe any one on my left hand—I heard some one call out, "Barnett, this man has got your notes!"—I am called by the name of the firm—upon that, I immediately turned round and saw the prisoner—I think he was as near to me as anybody; he was on my left-hand side—at that time the notes were on the ground; I saw them there, and the cheque likewise—they were all crumpled up together; not as they were when they were in the case—I picked up the notes, and then caught hold of the prisoner, and he was given into custody.
Cross-examined by MR. ROBINSON. Q. You had the case in your left hand? A. Yes; my right hand was down by my side—I was not talking to anybody at the time; I was waiting for my charge—they had just called out to know what there was to add to my charge—I was speaking to the clerk across the counter; he was directly in front of me—I held the case upright, and the flap of the pocket, in which the notes were, was open and lying back; the other flap was closed—there were several persons standing in front of the counter—when I turned round, the prisoner was rather at my back, on the left hand side—I did not notice anybody else standing immediately on my left—there were other persons about a yard from me—the prisoner was the nearest to me—I have been a clerk to Messrs. Barnett not quite a year—I had not laid the case down on the desk at all; it is an old case—I had put the notes into the case at the Union Bank, the last place I was at; that might have been about a quarter of an hour before—I am sure I placed the notes in this pocket—the cheque is a crossed one—I am sure the flap of the pocket was up—the notes could not have dropped out by themselves.
MR. BODKIN. Q. Was the part in which the bank notes were, next to you, or outside? A. Outside; the open flap was on the right side, and the pocket containing the notes was on the left.
HENRY LEE WHITELOCK . I am a clerk in the banking house of Sapte and Co., of Threadneedle-street. I was in attendance at the London Joint Stock Bank when this happened—I saw Mr. Tasker there, and saw a banker's case like this in his left hand—I heard the name of Barnett called, and Tasker went to the counter—there were one or two between him and the counter, while he was waiting his turn—when the name of Barnett was called, he took out his book, and looked at it, to see the amount of the charge—I did not notice whether he moved from where he was; he might move a step or two forward—I had at that time noticed the prisoner standing at the counter: when Barnett's charge was called out, he walked to Mr. Tasker, took off his hat, and put it, with his right hand, over Mr. Tasker's case, and with his left hand he took the notes out of the case—I saw him take them out—I called out, "He has got Barnett's notes," or, "Barnett, he has got your notes"—I seized hold of the prisoner's wrist, and directly afterwards I saw what appeared to be a bundle of notes on the ground, close to him—I saw Tasker pick them up.
Cross-examined. Q. How were they lying? A. Crumpled up; I was standing at the counter when I saw the prisoner take off his hat; I was on Tasker's left hand—the prisoner was between me and Tasker—I was two or three yards from the prisoner—there was nobody directly between us—I could see what he was doing (The witness described with his hat the action of the prisoner); he held his hat in his right hand over the case, and took out
the notes with his left—his left hand was nearest to me, and I caught hold of it—I could not swear that I saw the notes fall; my attention was attracted to Tasker at the time—I saw the notes in the prisoner's hand, and seized his wrist, and called out—I felt him fumbling about with his hand under his hat, trying to hide them somewhere, and then I saw them on the ground, I think a little before him—he was not close to the counter at that time, perhaps two or three feet from it, or a little more.
GEORGE LE CREN . I am a clerk in the bank of Rogers, Olding, and Co. I was at the London Joint Stock Bank about 4 o'clock, or a little after, on this afternoon—my attention was attracted by hearing some one call out, "Barnett"—my face was towards the clerks, and the other persons were behind me—I heard some one halloo out, "Barnett, he has got your notes"—I looked round, and saw Messrs. Sapte's clerk having hold of the prisoner's left hand, and almost immediately I saw the bundle of notes drop from his right hand cuff—I did not see them go from the one hand to the other, but I saw them drop from his right hand sleeve to the ground, and I saw Mr. Tasker pick them up.
Cross-examined. Q. Are you quite sure they dropped from his right hand sleeve? A. Yes, quite sure; Mr. Whitlock had hold of his left hand, and I saw the notes drop from his right sleeve.
RICHARD MULLENS . I am one of the solicitors for the prosecution. I attended the examination of the prisoner on this charge—a gentleman of the name of Arthur Shepherd was examined before the Magistrate—I have his deposition here; it was taken in the prisoner's presence—he is a clerk in the house of Smith, Payne, and Smith, and resident in that house—the prisoner had the opportunity of cross-examining Mr. Shepherd, and his attorney did cross-examine him.
CHARLES SEWELL . I am a surgeon, of No. 27, Walbrook. I know Mr. Shepherd, a clerk in the house of Smith, Payne, and Smith—I have attended him medically for the last two or three days; he is confined to his bed.
Cross-examined. Q. What is the matter with him? A. An attack of fever; I saw him yesterday afternoon—he was then labouring under fever, and had been for the last three days—I have not seen him to-day; my assistant has; he is not here.
(The deposition was read as follows: "Arthur Shepherd, on oath, says, 'I am clerk to Messrs. Smith, Payne, and Smith, of Lombard-street, bankers. I was at the London Joint Stock Bank on Saturday afternoon, at 4 o'clock; my attention was attracted in consequence of Mr. Whitelock calling out about Barnett's notes, and I saw the prisoner drop the notes from his right hand sleeve, and I saw them picked up by Messrs. Barnett's clerk; I was about half a yard from the prisoner at that time.' Cross-examined: 'When I saw the prisoner his hat was on his head; there were about a dozen persons near him at that time.'"
ROBERT GEORGE JENNISON (City policeman, 44). I was called to the London Joint Stock Bank, and took the prisoner into custody—he was charged with stealing some bank notes from Messrs. Barnett and Hoare's clerk—he did not say anything—I searched him at the station, and found 3s. 2d. on him, and a ring—I found no cheque, or anything referring to the Joint Stock Bank.
GUILTY on the Second Count.
(The prisoner was further charged with having been before convicted.)
JOHN MAYBURY . I am a constable of the borough of Manchester. I produce a certificate of conviction, which I got from the Clerk of the Peace of the city of Manchester—(This certified the conviction of Henry Clark of
larceny, from the person, at Manchester, in Dec, 1844, and that he was sentenced to six months' imprisonment)—the prisoner is the person who was so tried—he has been in custody on other occasions.
GUILTY. Aged 26.— Ten Years Penal Servitude.
(Michael Haydon. City policeman, 21, stated that he had known the prisoner for seven years, as a member of the swell mob, and the associate of thieves.)
749. GEORGE PHILLIPS, WILLIAM JONES , and JOHN WELSH , burglariously breaking and entering the dwelling-house of Frederick Bacon on 22nd April, and stealing therein 1 coat, 1 cloak, and 3 umbrellas, value 30s.; his goods.
MR. O'BRIEN conducted the Prosecution.
FREDERICK BACON . I am an engraver, and live at No, 23, St. Paul's-place, Camden New Town; it is in the parish of St. Pan crag. On 22nd April I went to bed between 11 and 12 o'clock—my property was then safe—the house was fastened, but the water closet window was left a little way up—it is a sash window—it was by that window that the entry was effected—I lost from the passage a coat, a cloak, and three umbrellas—I have not seen them since.
COURT. Q. Is the water closet window large enough for a person to get in at? A. Yes, when the sash is lifted up to the full height—I should say it is about ten feet from the ground, but there is a flight of steps, from the top of which the window can be reached—they had not to open any door, the door of the water closet was left open at night; if it was shut it was only on the latch—I do not know whether it was latched when I went to bed, I rather think it was not—I believe they escaped through a window in the passage opposite the water closet—I am not aware whether that was open or shut the night before, I had not observed it; it might have been partially open—I found it open in the morning, wide enough for a person to get out of it—I am certain it was not in that state over night—I did not pass that window when I went to bed—it is sometimes left open to admit air—I have no one here who can speak to the state of that window.
EDWARD CLINT . I am a watchman, in the employment of Mr. Knight, a builder, in Camden-town. On Sunday morning, 23rd April, I was in St. Paul's road, about 100 yards from Mr. Bacon's house—I saw the three prisoners about a quarter to 6 o'clock; they passed me, and I repassed them again—I cannot say the exact time, but I heard the half hour go some time before; it was broad daylight—I went on duty to watch the premises at half past 5 o'clock in the evening, and I am there all day on Sunday—there are buildings there—I had never seen either of the prisoners before, to my knowledge—I saw Jones come to the corner of the turning—they passed No. 28, and the other two then turned back, leaving Jones standing at the corner—Jones then got over the front wall of No. 28—at that time the others were standing, one on the footway opposite Mr. Bacon's house, and the other at the corner—Jones first went up the steps of No. 29, and tried the little window there, but could not open it—he then came down again and went up the steps of No. 28—they are semi-detached cottages—he opened the water closet window, and got in—I cannot say whether the window was any way open or not, but I saw him lift it and get in—the other two came up to me and said something to me, but I did not understand what they said—I walked down towards the house to try and see what assistance I could get—I could not get any, they came before me and would not allow me, and Welsh called out, "Billy! Billy!"—they pushed me, to
drive me away from the house—I went towards the corner, where I could see, a little of the front of the house, and I was scuffling with them when I saw Jones come over the back garden wall, bringing with him three umbrellas, a coat, and a cloak—I was then knocked down by Welsh—Jones left the things on the ground, and the other two took them away with them—I afterwards saw Phillips and Jones in custody at Clerkenwell, and knew them again directly—I am sure they are two of the men I saw—after they were committed, I went with a policeman to a house in Little Saffron-hill, and saw Welsh in bed—I am sure he is one of the three men I saw, it was him that knocked me down—I had an opportunity of seeing them all three, it was broad daylight.
Cross-examined by MR. HORRY. Q. How far from you were the other two men when the person you say was Jones, got over the wall? A. About fifty yards—when I saw him get over the wall I thought it was curious; I was satisfied that something wrong was going on—I was on the look out for a policeman, but I could not see one—I could see for about 300 yards—I called out "Police!" when I was lying on the ground, and Welsh was hitting me with a brick—that was the first time I called for the police; no policeman came to my help—I went with the policeman to see the prisoners at the station house—he came to me as I was on my duty, and said he wanted me to go with him—he did not tell me what for—I did not ask him—he said he thought he had got the men—I had told Mr. Bacon what I had seen on that same evening—the policeman told me he wanted me to see the prisoners about Mr. Bacon's robbery—they were not by themselves when I saw them—the policeman did not say to me, "These are the men," or anything of that sort—there were one or two other persons there, they stood all of a row—I am quite certain that two of them were the persons I had seen—I believe it was a week afterwards that I saw Welsh—I was taken by the policeman to a place, where I found him in bed—I was told hat I was going to see the third man.
MR. O'BRIEN. Q. How long altogether was it that you had an opportunity of seeing them, that morning, from the first time they passed you, till you were knocked down? A. I should suppose ten minutes.
COURT. Q. Are you set as a watchman to watch persons? A. Yes; to watch the premises, and to take notice of persons that come there; that is my business—the buildings that I watch are in the adjoining road".
FREDERICK BACON re-examined. The cloak was a cloth one; it cost me 25s. some years ago—the coat was a great coat, and cost 2l. or 3l.—two of the umbrellas were silk, and one cotton—the things altogether were not worth 5l.
GUILTY of Stealing.
(The prisoners were further charged with having been before convicted of felony.)
JOHN PORTER (policeman, G 101). I produce a certificate (This certified the conviction of George Wood of larceny, at Maid stone, in June, 1848, after a previous conviction, and that he was sentenced to Seven Years Transportation)—the prisoner Phillips is the person referred to in that certificate—his previous conviction was in 1847, and he then had six months—he also had one month in 1854.
JAMES ABRAHAMS (policeman, S 296). I produce a certificate (This certified the conviction of William Low, at this Court, in August, 1852, of larceny, and that he was sentenced to One Year's imprisonment)—Jones is the person referred to in that certificate—since then he has had three months upon a summary conviction at Clerkenwell Police Court, in November last.
EDWARD NYE (policeman, S 336). I produce a certificate (This certified the conviction of John Finnerty at the Middlesex Sessions, in Feb., 1848, of larceny, and that he was sentenced to Three Months imprisonment)—Welsh is the person referred to in that certificate—he has had twelve months since then.
PHILLIPS—GUILTY. Aged 24.
JONES—GUILTY. Aged 22.
WELSH—GUILTY. Aged 21.
Ten Years Penal Servitude.
(There was another indictment against Phillips and Jones, for burglary.)
MR. CAARTEN conducted the Prosecution.
LEWIS HENRY ISAACS . I am a partner in the firm of Edward Abraham Isaacs, and Co., Birmingham and Sheffield manufacturers, carrying on business in Houndsditch—my brother and myself are the partners—I have known the prisoner as a furnishing ironmonger—he commenced dealing with us some time at the latter end of last year; first on the terms of one month's credit—he afterwards requested that credit to be extended, to which we agreed; he was to have a quarterly account—he commenced dealing with us on quarterly credit in Jan. of the present year—he had goods from us in Jan. amounting to 12l. 6s. 9d.; and on 17th of the same month he had more goods, amounting to 2l. 13s. 2d.; on 9th Feb. he had another parcel, which only came to 11s.; on 3rd April he had a parcel amounting to 9l. 8s. 9d.—they were cutlery and goods usually purchased by furnishing ironmongers—on 4th April he had a parcel amounting to 4l. 8s. 6d.—that was the last parcel we supplied him with—his account altogether in April was 13l. 17s. 3d. (looking at a paper.)
MR. THOMPSON. Q. What is that paper you are referring to? A. His account; it is taken from our books—the books are not in Court—it was copied out for the use of the Magistrate.
MR. CAARTEN. Q. Who made the entries in the books? A. I did—before I allowed the prisoner to have the latter goods, I had some conversation with him—on 30th March, having previously been furnished with a statement of what he owed us—I waited on him for his account, he having been written to—he said, "Mr. Isaacs, I presume you have called about your account?" said, "Yes, I have"—he said, "I have this morning settled an account with Messrs. Hyson, and Co., of West Bromwich, and I shall therefore be unable to pay you; I require, however, a few more goods, which I will call and select at your warehouse, and you can then draw upon meat one month's date for the whole amount of the account"—at that same time he showed me an invoice of Messrs. Hyson's, and said he had just settled that account—I believe that was all that passed as to Messrs. Hyson—he called on 2nd April, and selected goods to the amount of 9l. 8s. 9d.
COURT. Q. Was anything said at the time he got these last goods? A. Nothing-but taking his acceptance for the full amount—I parted with the goods upon his representation, and knowing Messrs. Hyson very well—the effect of his statement upon my mind was that I had increased confidence (MR. BARON ALDERSON did not consider this evidence could support the charge. The JURY expressing the same opinion, it was not pursued.)
ADAM MEEKING . I am a partner in the firm of Meeting, and Co; we are tin manufacturers, at No. 30, Redcross-street, City. On 20th March I saw the prisoner—he had been to our place, and left a message, in consequence of which I went to him, and saw him about 3 o'clock in the afternoon
—he said he wished to give me an order—it was a general order for tin goods; no particular amount was named—I said it was general for us to receive cash in the first transaction—he said he was doing business with a gentleman of the name of Andrews, who we knew, and showed me a ledger—he opened it, and said, "Here is my account with Mr. Andrews"—he said he had paid Mr. Andrews his account; I cannot swear that he mentioned the amount of it; it was in the ledger—I was perfectly satisfied with that, and on 23rd March I delivered him a parcel of tin goods, among which were two toilet cans, two toilet baths, two jack-screens, thirty-six kettles, and six candle-boxes—they were to be paid for in one month—no bill was given; he never paid for them—the day before the credit expired, I called at his house, and found it shut up.
COURT. Q. Did you let him have the goods in consequence of this conversation about Mr. Andrews? A. Decidedly I did—I saw Mr. Andrews in the mean time, before I let the prisoner have the goods, and he said he believed him to be a respectable man—I did not let him have the goods so much in consequence of what Mr. Andrews said, but I believed the ledger—when I saw Mr. Andrews he confirmed it.
MR. CARRTEN. Q. Did you ask Mr. Andrews how the account stood between him and the prisoner? A. No, I did not—I should have let him have the goods without speaking to Mr. Andrews, in consequence of the appearance of his ledger—I cannot say why I spoke to Mr. Andrews before I let him have the goods.
NOT GUILTY .
NEW COURT.—Thursday, June 15th, 1854.
PRESENT—Mr. Ald. FAREBROTHER; Mr. RECORDER; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Sixth Jury.
PLEADED GUILTY . Aged 30.— Confined Nine Months.
EVANS PLEADED GUILTY . Aged 21.— Confined Twelve Months.
THOMAS TOWNSEND (policeman, E 54). I was on duty on Tower-hill on 20th May in plain clothes, about 4 o'clock in the afternoon—I saw the two prisoners there—I saw Evans stand by the side of a female, and Wallis a little in front of her—the female stopped to look at a man selling something, and Evans put his left hand into her pocket—he took out something, but I could not see what it was—the prisoners walked away together—I spoke to the female, and followed the prisoners about fifty yards—I saw Evans open this purse—Wallis was standing close up to him—Evans turned out the contents of the purse—I took hold of Evans, and told him he had just picked a female's pocket—I took Wallis as well; Wallis tried to get away—I did not see Evans give anything to Wallis—I had seen the prisoners together, and speaking together, before they went to the prosecutrix, and they were in company with a third one—I watched them three quarters of an hour—the third one was not present when the purse was taken—Wallis stood in front of the female, with his back to her.
DARAH ANN PLUMRIDGE I was going along Tower-hill—there was a man with some brass things, I stopped just for a moment, and this policeman came and asked if I had lost anything; I rather pushed away from him—I afterwards missed my purse, which had had 5s. 2d. in it—this is it—it has only 2d. in it now.
Wallis's Defence. I was going along Tower-hill; I met this young man, who asked me where I was going; I told him, and spoke a few words to him; I turned and he was gone; soon afterwards I saw him again, and the policeman had him; I asked what was the matter, and he caught held of me.
WALLIS— NOT GUILTY .
(MR. HORRIDGE opened the case for the prosecution, when MR. ROBINSON, for the prisoner, stated, he would consent to a verdict of
GUILTY . Aged 32. He received a good character.) Confined Four Months.
MR. W. J. PAYNE conducted the Prosecution.
THOMAS PARDUCCI I live at No. 2, Motley-court, Chapel-street, and ten a milliner's block maker—I know the prisoner; I was present when he was married to Sophia Bayley—I signed the register—I do not know the date—it was at Bethnal-green Old Church; it is at least twenty years ago—it was on a Sunday; I do not recollect the day of the month—I last saw Sophia Bayley, as nearly as I can guess, in 1846, in Church-street, Bethnal-green—I knew them after their marriage, and saw them frequently—they were living together as man and wife.
Cross-examined by MR. LILLEY. Q. By what name did you sign the register? A. "Thomas Jones"—the prisoner was married to Sophia Bayley—I have seen her since 1840; I cannot say in what year—I have heard that she is dead; I do not know the fact—the last time I saw her was about 1846—it might have been 1844; I will not pledge my oath—I met her casually in Church-street, Bethnal-green—I spoke to her.
MR. W. J. PAYNE. Q. Whether it was in 1846 you cannot say, but have you seen her since 1840? A. Yes.
JULIA TAYLOR . I live at No. 5, James-street, Bethnal-green. I have lived there about two years—I was married to the prisoner on 28th Sept, 1846, at Hackney Church—I did not know anything about his having a wife, I lived with him a very little time after my marriage; about three months—he deserted me altogether—I have had two children by him—they are dead—though he deserted me, he came backwards and forwards to my father's house—he married me in the name of John Thomas—I never saw Sophia Bayley—the prisoner told me about four years ago, that he was married, when he came to see me with a broad hat band on his hat—he courted me as a single man.
COURT. Q. What did he tell you four years ago? A. That he had had a wife and that she was dead, and he was then in black for her.
Cross-examined. Q. Are you sure as to the date of your marriage? A. Yes; I signed the book—I can write my name, but you can scarcely call it writing, it is hardly legible—I did not sign my name to the deposition the other day—I crossed the book—I had no reason for not signing my name—I was in the family way by the prisoner at the time he married me—I swear it was by him, and he continued to come to see me till about the year 1850—I was living at home—my father is dead, I was living with my sister.
COURT. Q. You say you lived in James-street two years; are you a servant? A. Yes; a housekeeper—I gave the prisoner in charge when he came, and abused me on 22nd May—I had no property, when he married me—I was then seventeen years old.
WILLIAM CURTIS (police sergeant, K 13). I took the prisoner in charge on 22nd May, the last witness gave him in charge—I produce three marriage certificates, two of them relate to this case—I got one from Bethnal-green Old Church, and one from Hackney—I examined them with the register books, they are correct—(read: "St. Matthew, Bethnal-green, Robert Goddard, of this parish, bachelor; and Sophia Bayley, spinster, married by banns, this 21st day of Sept, 1834.; J. Lane, Curate, in the presence of Thomas William Jones and Sarah Hall." "Marriage, solemnized in the parish church of St. John, Hackney, Sept. 28th, 1846; John Thomas, of full age, bachelor, cabinet maker, and Julia Taylor, spinster, married after banns by me; Alexander Gordon, in the presence of Jeremiah Taylor, and Rebecca Taylor.")
COURT. Q. Where did you take the prisoner into custody? A. In James-street, Bethnal-green; outside the door where the last witness lives, he was with another woman, his wife, I believe she was—he said to the witness, "You know she has been a better wife to me than you have, and you knew I was a married man when I married you"—the name of the other woman was Elizabeth Gildersley or Goddard, I do not know which—she gave her name Elizabeth Gildersley.
WILLIAM HENRY BAYLEY . I am a chairmaker, and live in North-street, Shoreditch. I know the prisoner—Sophia Bayley to whom he was married, was a niece of mine—she died about 28th Nov., 1848, at her father's house—her father was lately dead, she was living there with the prisoner up to the time of her death—I saw her in her coffin.
Cross-examined. Q. How do you know anything about the time, are you speaking from memory? A. No; I paid the expenses of the funeral—I know from the undertaker's bill—this is it (produced), I do not know when I paid it—I have not got the receipt with me—it might be eight or ten months afterwards—I can pledge my oath, as to the date—it was in Nov. I believe; I swear it was in 1848.
The prisoner's statement before the Magistrate was here read as follows: "I married Julia Taylor out of charity, she was in the family way at the time by another man."
Prisoner's Defence. I met this young woman at Stepney Fair; she was very forward with me; she afterwards said she was in the family way by me; I said I was very sorry, for I was married; she said she was sorry, and if I did not marry her she would destroy herself; she said she would write any paper to say that she knew I was married; this act I have done was for fear she would destroy herself; after I married her, she confessed to me that she was in the family way by another man; I paid for the burial of the child and said I would have no more to do with her, and I have not
since that time; I lived above eleven years in one house, close in the neighbourhood where she is now residing; I have married since this; I did not go to annoy her; she came and began to abuse me, which I considered she had no right to do, for she has been living with a man ever since.
GUILTY . Aged 37.— Confined Five Months.
MR. METCALFE conducted the Prosecution.
HUGH CARY . I am sixteen years old; I live in Arthur-street, Old Kent-road. I am in the employ of the London and Brighton Railway Company—at the commencement of May I was sent with the prisoner with a load of oysters from the Bricklayers' Arms station to the King's Cross station—they were in forty bags, which were tied up; the prisoner was driving the van; it was an open van—I was sitting on the tail of the van—as we were going along Cheapside, the prisoner called me up to untie a knot in his whip—when I got to him, he told me to take some oysters out of the bags, and to take the ropes out of the bag under the seat, and put the oysters in, and put the ropes on the top of them—he told me not to take them out just then, but when we got further along—he did not say what they were to be taken out for, nor for whom; he said he wanted them; I went back to the tail of the wagon, and when we got past the Post-office he told me I might begin—there was a bus coming along, and he told me to wait till that went by—I think this must have been between 9 and 10 o'clock in the morning—before he said the bus was coming by, I had taken some of the oysters—he said that about more than one bus—he said so two or three times—I took out forty or fifty oysters altogether—I put them in the bag, as I was told—by the time I got them out, I had got by Bagnigge-wells brewery, and then he told me to wait till I got by the police station—after we got past, he said, "That will do; we are nearly there; put the ropes in again"—I put the ropes in the bag, on the top of the oysters—we went on to King's-cross station, and the prisoner unloaded the bags—the bag with the ropes and the oysters in was fastened underneath the seat—he told me to give the horse some water, and the railway porter stopped me, and took me back to where the prisoner was—one of the officers asked me who took the oysters out; I said, "I did," but that the prisoner told me to do it—that was said in the presence of the prisoner, and he said, "It is no such thing"—he said he never told me—I was taken to the station—I had two of the oysters in my pocket, which had fallen out of the bag; I put them in when I was going into the yard, putting the ropes in—Bailey got on the van outside the Bricklayers' Arms—he was riding by the side of the prisoner, and heard all that took place—he told me to stop when the driver did not tell me—I do not know what is become of him—the prisoner sometimes told me to stop, and sometimes Bailey did.
Cross-examined by MR. MEW. Q. How old are you? A. Sixteen—I went to school when I was in the country—I have been with the Railway Company five or six months, I think—before that, I worked at an oil shop in the Kent-road—before that, I worked at the Telegraph works, in the country—my father had to come to town, and I came with him—I gave this evidence before the Magistrate, on 4th May—I went twice before the Magistrate that day—when I came from the station, I was taken before the Magistrate in two or three hours—I was there on the Saturday following, and again on the Monday—it was put off for a week, and I was
there the next Monday—I gave my evidence twice before the Magistrate—I have had the evidence read over to me once or twice since—I will swear it has not been read twelve times—I have no paper in my pocket now on which evidence is written—I had no paper—I have not had the evidence in my own hands—I have had it read to me by Mr. Fisher—I believe he is a police officer at the Great Northern.
Q. Tell us again what happened? A. I was going along Cheapside, and the prisoner told me to untie his whip, and while doing so, he told me to take the bag from under his seat, and take the oysters out of three or four bags, and take the ropes out, and put the oysters in, and put the ropes on the top, and after I passed the Post-office, he told me I might begin, and after that he told me to stop once or twice whilst the busses passed—when we got past the police station, he said, "That will do, put the ropes in, we are nearly there"—after we had unloaded, he told me to take the horses to give them some water, and one of the porters brought me back, and took me to where the prisoner was—I said I took the oysters by the prisoner's direction—he told me to take these oysters and put them in the bag, which hung under his seat—he saw me put the oysters in—I could not pull the ropes out, nor nothing, without his knowing it—it ad been a coal bag or a coke bag—some part of it was nailed to the seat, and part was tied—it was generally used to put ropes in, and brushes and chains—it was like a boot of a coach, there was a place you could put your hand in.
NOT GUILTY .
(The prisoner being a foreigner, was tried by a Jury composed half of foreigners, and had the evidence explained to Mm by an interpreter.)
SAMUEL PICKARSKI (through an interpreter). I am a Russian Pole—I am a shoemaker, and live in Houndsditch—the prisoner lodged in the same house, and slept in the same bed with me—in the beginning of May, I had a coat and other things in my lodgings—it was on a Tuesday, I do not recollect the date—I went out to get work—I left all my things in the room where I live; there were two coats, a pair of trowsers, three fronts, five collars, a pair of stockings, a pair of boots, a seal, and a handkerchief—I went out between 7 and 8 o'clock in the morning—the prisoner was then gone—I did not tell the Magistrate that I left the prisoner in the room—I came back on Friday evening, and missed the things—I did not find the prisoner there—I received information the next evening that he was at a ball in Leman-street; I went, and found him there—he had my handkerchief on.
Prisoner. I had worn it the whole week. Witness. I am sure it is the handkerchief I had—I thrust it in my waistcoat, with all my clothes together—most likely he took it in mistake, he bad one like it.
WILLIAM LOWE (policeman, H 152). I went to what the prosecutor told me was the prisoner's lodging, at Wentworth-street, Spitalfields—I saw the landlady there, and received from her this bag with these things in it; they were in the back room on the ground floor—I went to the door, and the landlady fetched them out—here is a pair of boots, a pair of goloshes, a pair of drawers, four shirts, five fronts, a pair of stockings, a letter stamp, and a seal—I took the prisoner—he had this handkerchief round his neck—he was running down Dock-street, and the prosecutor after him, hallooing, "Stop thief!"—I could not understand what he said.
ELIZABETH HARRISON . I am the wife of John Harrison—we live in Wentworth-street, and keep a lodging house. On 6th May, the prisoner came to lodge at our house—he brought this leather bag with him—I do not know what was in it—he lodged in the first floor front, or the second floor front—he left this bag in my room to take care of—he came and gave it the officer himself; I could not reach it.
SAMUEL PICKARSKI re-examined. This bag and the things in it are mine—two coats and a pair of trowsers are missing—my landlord went to see the prisoner, and he sent word that the other things were pawned at Osborn-street, Whitechapel.
COURT to ELIZABETH HARRISON. Q. Had the prisoner more things than what are here? A. I believe the bag was fuller when he brought it than it is now, but I am not able to say what was in it.
Prisoner's Defence. I did not take the things; a person that often came to visit him took these things and brought them to me; he met me, and told me he had not where to lodge, and asked me to take these things; I took the bag to my lodging; the remainder of the things he had; he promised me when he got to Hamburgh, he would send me money to come there too.
COURT to SAMUEL PICKARSKI Q. When you went out, did you leave anybody in the room? A. I believe there was another one, but I think he was asleep—there was only one more lodger there—persons came in and out—there were persons there from Hamburgh, but they lodged in another room in the house—I had slept for a month in the same bed with the prisoner—he had the opportunity of seeing these tilling; they were laid there before him—the coats had not my name on them, but they had a mark which I could identify—this seal has my name on it in Polish.
GUILTY . Aged 23.— Confined Three Months.
THIRD COURT—Thursday, June 15th, 1854.
PRESENT—Mr. Ald FINNIS; Mr. Ald ROSE; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
757. CHRISTIAN THIEL (a German), stealing 1 coat, the goods of Henry Lange; 1 coat, the goods of John Lampe; and 2 coats and 1 pair of trowsers, value 5l.; 2l.; 6s. in money, 2 twenty gold franc pieces, and 2 warrants for the payment of foreign money, value 3s. each; the property of Frederick Bruhn: to which he
PLEADED GUILTY . Aged 29.— Confined Six Months.
MESSRS. ROBINSON and RIBTON conducted the Prosecution.
JAMES TAYLOR . I am warehouseman to Henry Hewitson and Company, of Cheapside, canvass and linen manufacturers. On 18th March, the prisoner came and asked if we kept bleached drill; I said, "Yes"—I asked what quality he required; he said, "About 17d. per yard"—I asked him what house he represented; he said, "Firman and Son, of the Strand"—I showed him three qualities—he said he wished me to deliver the goods to him, as Messrs. Firman and Son were in a hurry for them—I would not
so, not knowing him, and be requested me to send them to Mr. Ousey, in King-street, as Messrs. Firman were in a hurry for them—I sent the drill to Mr. Ousey's by Simmonds, one of our porters, and made an entry in the book, of the transaction—I gave an invoice to the prisoner; this is it (produced)—it is headed Messrs. Firman and Son.
Cross-examined by MR. BALLANTINE. Q. Is that the only transaction you have had with Firman's? A. We have done business with them to a small extent, and have been paid—these goods are not paid for—I do not know whether we have done business for the house through the prisoner—I do not know through what medium the business was done—the prisoner had the bill, and about the end of April, in the regular course of business, we sent our statement in to Messrs. Firman, and they immediately applied for an invoice of this drill.
WILLIAM SIMMONDS . I am porter to Hewitson and Co. I recollect the last witness giving me a parcel in March—I took it to Messrs. Ousey's, in King-street, Cheapside—I delivered it there, and said that it was from Messrs. Hewitson, for Firman and Son.
WILLIAM WARD . I am clerk to Crawford and Lindsay, warehousemen, of Laurence-lane, Cheapside. On 9th March I made an entry in the books of a transaction with Firman and Son—I know that a piece of lawn was sent to Ousey's, but not of my own knowledge—I did not see the prisoner, but I have seen him at the warehouse.
WILLIAM ROFF . I am entering clerk to Strut and Sharp, of Wood-street, Cheapside. Firman and Son have an account with my employers—on Saturday, 18th March, some goods were sent to Firman and Son, between 4 and 5 o'clock, and were brought back that night—I had seen them packed up; there were two furniture linings, three pieces of muslin, and something else—on Monday the prisoner called, and said he came from Firman and Son, of the Strand, and he was rather vexed on account of the goods not being sent there on Saturday night—I went to our packer immediately, and asked him, in the prisoner's presence, the reason that the goods were not sent—he said, "I went, and the shutters were down, and I could not get the goods in"—the prisoner said he must take the goods with him, and gave me this order (produced)—he signed it, and I have another signature, in another book, with reference to these goods—I gave him the goods as per printed order, and he took them with him—it was a portion of what had been ordered—the remainder of the goods were afterwards sent to Messrs. Firman and Son, and a part of them have been sent back, and deducted from the account; all, except those which the prisoner took away—the prisoner only took those that are in the written order.
Cross-examined. Q. What is the value of the things that you actually delivered to the prisoner on this order? A. 2l. 18s. 9d. worth were delivered to the prisoner, and to the value of 6l. odd were delivered to the firm—1l. worth was returned, and 5l. worth kept—it was the curtains that were returned.
JOSEPH BIRCH . I am salesman to Messrs. Ward, Sturt, and Sharp, of Wood-street, Cheapside. The prisoner came to their warehouse in March; I attended to him—he said he wanted a parasol and two umbrellas for a customer of theirs—he looked at the goods and selected them—he did not mention the name of any person—I knew him before, as coming to our establishment for goods for Firman and Son—I let him have the goods,
knowing the man—he gave me a written order, and the goods were entered to Firman and Son—this invoice is in the writing of our entry clerk; he is not here—I did not see him give it to the prisoner.
Cross-examined. Q. I believe the prisoner has had very large dealings with you? A. N at very large, perhaps once a fortnight for eighteen months; not for himself, but for the firm—this invoice contains an entry of the goods.
WILLIAM DISNEY . I am warehouseman to Mr. Ousey, of King-street. I recollect Simmonds, Mr. Hewitson's porter, bringing a paper parcel in March, addressed, "Firman and Son, Strand"—I do not know the day—I recollect Crawford bringing parcels for Messrs. Firman and Son, but do not know on what day—I know the prisoner; I do not know whether he took the parcels or whether he sent for them, as other parcels came for other houses—I know they went from, our house, but do not know where they went to—the prisoner used to call and say, "I shall send you a few parcels;" and he would afterwards call, take the light ones, and say, "I shall call next day:" and if he did not call, I used to send them up by the carts—other parcels were frequently left for Messrs. Firman.
JOSEPH BIRCH re-examined. This book (produced) contains entries of parcels, which customers take away with them—at the time these goods were furnished an entry would be made in it, and signed by the prisoner—I cannot say whether this "Firman and Son, Strand, Edward Clay," is in the prisoner's writing; I did not see him sign it.
Cross-examined. Q. What is the value of these articles? A. 1l. 18s. 6d.
PHILIP SMITH FIRMAN . I am a button and trimming manufacturer, in the Strand. This signature, "Edward Clay," in this book, is in the prisoner's writing—he has been in my service about two years; it was his duty to purchase goods—he had no authority to purchase any goods, which were not required in our establishment—he ought to write orders for goods in a proper order book; this is the order book (produced); I think I engaged him myself—lie ought to sign his name here, under our name, which is printed, and copy the order on the counterparts; the order would then be torn out, leaving the counterparts—there were strict orders given to him—when he had given an order and the goods came in, it was his duty to mark off the invoice, and sign his initials to it as having received them—we did not require any drill on 18th March; I did not give him authority to order any from Hewitson and Co., nor did I see any—if any came I might see it, but I do not say that I should—he did not bring the order book, showing me any such entry—I never saw this invoice for it, until he was in custody—it was his duty to take this other order book (produced), into the City with him—there is no order in it of any drill having been obtained of Messrs. Hewitson on our behalf—the first intimation I had of it was when the statement came in from Hewitson, about the end of April—that was after the prisoner was discharged—I did not give the prisoner instructions to order any lawn from Messrs. Crawford and Lindsay, nor did we receive any lawn from them that I am aware of; I have looked through the order book, and do not see their name—no invoice was brought to me by the prisoner respecting it—I did not see the invoice of it, till the prisoner was in custody—he had authority to order some goods, but none of these things (The umbrellas and parasol)—I did not see the invoice of these, till after he was in custody—he had authority to order the shirting, and I had instructed him to get me a pair of curtains, but the other things he had no authority to order—I recollect the curtains being sent, but not the shirting; I do not see any order for them in the order book—he left our
service on 10th April; he had absented himself from business for two days, and it was the day on which I paid the Monday accounts, several of which were very irregular, and I thought he had better leave at once, and he did so—I had not at that time discovered these things; I paid him his wages to the end of March, not to the 10th April, because we had a further claim on him for goods which he had had from our stock for himself—he was allowed to have goods from our stock at cost price, but it was his duty to charge himself for them, and take the invoice to the cheque clerk—no one in our establishment had authority to obtain goods, without going to the cheque clerk—he gave me this receipt (produced) for his wages.
Cross-examined. Q. You are not the head of the firm? A. No; my father is—he is not here—I was authorised to pledge the credit of the firm for anything I wanted for my personal use—if I wanted dresses for my wife, they would be charged to my account.
Q. Supposing you wanted some silk or satin and sent an order from Fireman and Sons, would it be your duty to bring the invoice at once into the journals of the house? A. If they were obtained of a house that we had an account with, they would go into the journals at once—this is the first order book we have had—the first order in it is, I see, dated Sept. last—we had no pocket order book before that—I think we had a pocket order book at the suggestion of the chief clerk, not at the prisoner's suggestion—the chief clerk is the prisoner's brother; he is here—I have not brought him as a witness—I think Mr. Dalton, the attorney, desired him to come—the brother recommended the prisoner to me, but he did not engage him—I engaged him—I do not recollect whether the terms were entered into between him and his brother, or between him and me—I cannot say whether it may not have been his brother who engaged him—it was not a matter perfectly well understood, that if he wanted goods he might get them for himself at the wholesale price—I never gave instructions for it, and I never knew him to do so—his brother was not in a position to allow it, he was the manager of the entire house; but I have never given authority to anybody to buy goods, and charge them to us—the prisoner has constantly bought goods for me in a private way—I should say that I have always had them entered, where he has bought them of a house we had credit with—I would not swear that in every instance they have been charged—I have either given him the money for them, or they have been charged—in Sept last, he obtained some velvet for me, on the credit of the firm, to the amount of 7l. or 8l.—I was able to pay for it—I do not think it was inconvenient, it was quite convenient—I have no recollection of it not being convenient—I have no recollection of asking the prisoner to keep it out of the books, that I might not be called upon to pay for it till the end of Jan., that it might not come into the preceding year's account—it is possible that I might have done such a thing, but I do not remember—I am not in the habit of doing such things—I have no recollection of having done such a thing before—I do not know that the velvet was not entered till Jan., by my authority—I do not recollect whether I had it in Dec. or Jan.—I cannot recollect whether I desired it to be kept out of the books, that I might pay for it at a subsequent period; I cannot say that it was so, and I cannot say it was not.
Q. This is an item larger than all the other items put together which you charge the prisoner with; am I to understand that you do not recollect that you desired him not to enter it in the books of last year? A. I do not recollect it—such a thing might have occurred without my recollecting it—
the prisoner hag got stockinge for me; I have not shared the lots with him—on one occasion he got some stockings for me, and what I did not keep he was instructed to return, but he said he would keep them for himself, and he charged himself with them in the books—I do not think that that was a man of the name of Croxton—I know that there were some stockings which ought to have been returned to Sturt's, which were not returned, and I believe the prisoner obtained them, but I do not recollect now—he and I have not obtained goods together, and had some of them entered to my account, and some to his—I have no recollection of that occurring—I am speaking of children's socks; I have no recollection of any other instance—I have had handkerchiefs and scarfs, and had them debited in the books, and the prisoner has had part of them; he kept some which were to be returned, and allowed another young man in the house to have others—I allowed that to be done on their being charged regularly—that occurred this year—he has got scarfs and handkerchiefs on several occasions, but whether he has kept any for himself I cannot tell, without looking at the accounts; I have not looked—I know Farden and Co.; some goods were obtained by the prisoner from them some time ago, and appropriated to my use—they were either entered in the books, or else I paid for them; I cannot say which it was—I was not pressed for money—I cannot charge my memory as to whether I paid for them at the time—I cannot say whether they were paid for last September—I do not know the amount—I have not got the books here—I have no doubt that this transaction was entered in the books; I cannot say, because I have never looked—I do not know whether there were some goods for the prisoner too—I do not recollect some mantles being obtained of Jones and Co., of Wood-street, for my wife—I think she accompanied the prisoner to choose some mantles—they were returned—I did not give the prisoner leave to keep one—he got a waterproof coat for me last year: that was paid for in ready money—the prisoner had to Select goods for the firm; he had not to consult me upon every lot of goods he purchased—he constantly purchased goods, which I sold without their coming into the house at all; and to customers of his own seeking and finding, whose names were not on the books of the firm until the goods were sold—he has extended the business of the firm; I cannot say to what extent—he has not nearly doubled it—I should think he has increased it to 5,000l. or 6,000l.—I cannot say exactly whether I mean 5,000l. or 6,000l. a year—the amount I charge him with altogether is 11l. odd—he left on 10th April; he had given notice to quit on the 3rd.
Q. I believe he has had the indiscretion and impropriety to go into the service of a rival firm? A. Broughton and Co.—they are in the same business as we are—when he was given into custody he was in their service—I do not think that he first of all gave notice at Christmas last—many of the servants in the establishment did not say that they should leave if he left, nor was he pressed to stay; he said he should leave if one of the travelers stayed—that traveller was turned away—I said that I did not wish the prisoner to go, so I discharged the other—I should think that that was last Christmas—he gave Mr. Firman notice to quit, on 1st April, and on 10th April I called him up stairs, and said, "If you will give me a receipt for your salary up to 1st April, I will pay you"—he did so, and I paid him the balance of his salary; he had had several sums on account during the month, and some things were standing against him in the books—I said that several things were irregular in the accounts which I was paying that day, and I should hold the salary to the end of the month—there were several accounts
of which the invoices were missing—I held the salary, and have not paid it yet—it is 11l. 1s. 8d.—that is about the amount of the goods in the indictment, but there are goods standing against him in April, to the amount of 7l.—I swear that there were goods standing to him in April.
Q. Beyond the 11l.? A. No; 7l.—there was 7l. I gave him out of 11l.—the 7l. is for goods had from us, which is entered in the books; goods charged to us, but obtained from other warehouses—I mean to swear that that does not form part of the 11l. which I charge him with—I say that it is altogether 18l. and not 11l.—we have kept the 11l.
COURT. Q. I do not understand in what way the 11l. differs from the goods which you have charged in this indictment; are they not goods ordered by the prisoner, which he had from other houses, and for which your firm is charged? A. Yes.
MR. ROBINSON. Q. Was the account entered into between you, at the time the prisoner left? A. No; the two first items in this account (looking at it) he debited himself with on the day he left—he was then debited with the salary that was paid to him up to 10th April.
Q. With regard to the scarfs, handkerchiefs, and other things; just explain this; here is, in pencil, "Supplied to Woods?" A. Those were some things which the prisoner allowed one of the travellers to take away; I found that out on the day he left, while I was settling with him—I found it out by a statement of Welch and Margetson, which I got at the end of March—it did not include the scarfs and handkerchiefs, as it was only an amount—the prisoner had had the invoice of the goods; he showed me the invoice on 10th April—I was aware before that, that he had obtained the scarfs, because some of them he had got for me—I do not know how many; two or three, I think—he brought them to me to look at; I chose what I wanted, and the others should have been returned—I did not know till 10th April that they had not been returned—I did not know how they had been distributed—I did not know that the man Woods had had any—I had had some myself, and my father had had some—I did not know till 10th April what had been done with the rest—in consequence of that I charge this 1l. 6s. 6d. to the prisoner—I do not know under what circumstances this black satin is charged; our chief clerk knows that—I cannot explain this entry, "I piece of print, 15s. 9d.;" or this six yards of black silk velvet, or any of these items.
MR. BALLANTINE. Q. Have not you seen this yard of black satin which you cannot explain, adorning your wife as an apron? A. No; it is only seven-eighths of a yard—I am not aware that my wife wears this very seven-eighths; I will not swear that she does not—I swear that one of these scarfs which I have charged the prisoner with, is not in the possession of my own brother—my father had one—my brother is charged with what he has had—the scarfs on this bill do not include one which my father has got; I swear that—I did tell you just now that my father had one, but not one of these—Hussey did not have any of these scarfs—I have charged the prisoner with the scarfs that he has supplied to Woods; there were two or three—Woods had left our employment some time before, and that is why they were charged to the prisoner—Woods' salary has not been paid; I do not think there is anything due to him.
Q. Has not he called frequently, and tried to get money due to him? A. I have not seen him; he has called, I believe; Mr. Clay has told him that there is no money due—he called once—when I heard that the prisoner was in another employment, I most likely instructed my attorney to write a
letter to him—I instructed him to proceed—I do not recollect instructing him to write a letter—the prisoner came to my house, and told me he was most anxious to meet everything—I did not take that opportunity of giving him into custody.
Q. You waited until he had remained seven or eight days longer in his employment, and then did it? A. I left that to Mr. Dalton—I did not hear, in the meanwhile, that he was obtaining very considerable orders from Messrs. Broughton and Co.; I heard that he was in their employment as town traveller, seeking orders—I do not recollect hearing that he had obtained orders from some of our old customers; I heard that he called on some of them—I have no recollection of telling the prisoner's brother that if the prisoner would give a written undertaking not to go into the same trade, I should take no steps against him; I did not do so—I said nothing to the prisoner or his brother about any undertaking—I have not the slightest recollection of saying anything to the prisoner's brother about it—I will pledge my oath that I did not make any such proposition to the brother—I have no recollection of saying anything to him about the prisoner going into Messrs. Broughton's employ—I pledge my oath that I did not suggest in any way a written undertaking.
Q. Or an undertaking of any kind? A. I have no recollection of anything of the kind.
Q. Will you pledge your solemn oath that nothing of the kind occurred? A. I do not recollect it.
MR. ROBINSON. Q. When did you first hear that he was in Messrs. Broughton's employment; was it before or after you had that communication with him, in consequence of the letter you wrote? A. Before that—I wrote a letter myself before instructing my attorney; this is it—read: ("London, 53, Strand, May 4, 1854. Sir,—From invoices, of which we have been just furnished with copies, you appear to have been purchasing goods on your own account, and having them charged to our firm. If you do not come and satisfactorily explain those matters, we shall direct our solicitors to proceed against you for fraud—Firman and Son")—I understood that Woods called once; he sold for us on commission, and since he left, a great portion of the goods he sold have been returned, and he would not be entitled to any commission upon them—when he called, Mr. Clay saw him, and gave him an explanation, and I never heard of his calling since—the stockings and other things were entered by the prisoner on the day he left—I do not know how long before that they had been obtained—before he left, I did not know of his having obtained any goods whatever for his own purposes on our credit.
DANIEL MAY . I am an officer. On 15th May, I received instructions from the solicitor on behalf of the firm, and took the prisoner into custody on the 16th—I took him to Bow-lane station, searched him, and found this letter, several orders, and the five invoices which have been produced; also a pocket book, with nothing in it—I afterwards searched his lodging; and found eight duplicates.
BENJAMIN WARNER . I was in the service of Messrs. Firman up to 28th March, I believe, but I do not remember the date at all—I was there a little while after the prisoner left, so I must have been there after 10th April—shortly after he left I met him, and he said he had a paper which he would give me to enter in the journal, or waste book, of certain goods which he had had, and had they paid him his wages he should have paid for those goods; that he had not entered them before he left, and therefore he wanted
me to do so—the next time I saw him he gave me the paper; this is it (produced), it is in his writing—when I saw him again, he asked me whether I had done it; I told him that I should not do so—he said that Mr. Firman and his brother were acquainted with his having the goods, and I told him he had better settle it with them—he gave me no reason for asking me to make the entry—I never mentioned anything to Messrs. Firman; I did not consider it necessary, as he said that they were acquainted with it.
Cross-examined. Q. Did he say that they were goods bought for his sister? A. Yes, who was going to Demerara, and that his brother, who was the managing man, knew all about it.
SAMUEL CLAY . I have been in the service of Messrs. Firman nearly five years. I have examined the books of the firm with regard to these articles; I find no entry in the order book of any of the orders having been given to these parties; no orders have been given—I was not aware of his having obtained goods of Messrs. Hewitson, or of Messrs. Crawford and Lindsay.
Cross-examined. Q. "Was your sister going to Demerara? A. Yes; I did not know that my brother had bought some goods for her; I heard that he had been requested to do so—I have not received any communication since I have been out of Court; nobody has been speaking to me; there was nobody to speak to me—the solicitor's clerk asked me the amount of stock and capital that we had in our trade—he also asked something which I really forget.
Q. But it is only five minutes ago? A. On my oath, I do not remember the question that was asked me.
Q. Was it being asked just at the time that he was fetched back into Court? A. I am not aware that he was fetched back; I answered the question, but I cannot for the life of me recollect it; if you will name the subject to me, I can perhaps recollect it—I have got my brother to get goods for me very often, and have given him the money—if I have not given him the money always at the time, I have said, "I will give you the money when you bring it," and my belief is that I always gave him the money—I swear I have not requested him not to enter goods—I have not requested him to postpone entries; I remember that distinctly, because there was no necessity for me to do so; I had unlimited power to do as I pleased—I swear that to my belief no goods have been obtained for me where the entries have not been made at the time, nor should I allow it for anybody in the concern—the waste book is in Court—I do not know of goods obtained for me not being entered at the time—I have a tolerably good memory—I dare say I shall recollect what the attorney's clerk said five minutes ago, if you will give me time; this is rather a painful position for me to stand in.
Q. Was it something about an agreement? A. Yes; now I recollect, Mr. Dalton's clerk came and asked me if it was understood that if my brother did not go into the trade, the firm would not carry on the prosecution.
MR. ROBINSON. Q. You say you never have given any directions to have any accounts postponed? A. No; I have always given my brother the money when he has obtained goods for me, or when he has brought them in—there may be a case in which I have not given it to him till after he had got the goods—I heard that my sister gave the prisoner the money to pay for the goods he was to get for her—I obtained 50l., which I gave to her to pay for those things, and to pay her expenses out.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
THOMAS BEAMONT . I am clerk to Mr. Breasey, who carries on business in Aldermanbury. Messrs. Finnan have been in the habit of purchasing of us through the prisoner—these flannels (produced) are the sort of goods sold by Mr. Breasey—this ticket on this piece shows that it has been in our house—I have not brought the book here in which the entry of this piece of goods would be—this invoice (produced) is in my writing—I do not recollect giving it to any person; it relates to this piece of eleven yards; I can swear that to be part of this invoice—I have often sold goods to the prisoner—I have no recollection of selling these to him—it is a long time ago; it was in July, 1853.
Cross-examined by MR. BALLANTINE. Q. Did you find them in a drawer? A. Yes, in which his things and his wife's were mixed together—I am not certain whether it was among his things or not.
PHILIP SMITH FIRMAN . This is the prisoner's signature to this invoice; it indicates that the things were taken into our stock—the prisoner had no authority to take things out of our stock—this is the book (produced) in which the entry would be made, if the prisoner had bought such things—here is no entry of them.
Cross-examined. Q. You do not swear that that invoice shows that they came into your stock? A. Yes, because he has signed it.
Q. How does it show that they ever came into your stock, if you allow him to sell goods before they are delivered, as you said in the last case A. I cannot say that—the signature is nothing, but that they have been bought—I never saw this piece of flannel before I was at the Mansion-house—I had not an ambition to have a shirt like this—I have not got shirts like it—I did not desire the prisoner to get some shirts made up for me like this; they were stripes; he brought me the patterns, and I chose some—that is probably nine or ten months ago; most probably there Were some patterns of these pieces produced—I repudiated the squares, and considered that the stripes were more ornamental—I may not have made a mistake about that—I had not a fancy for one with the square to wear on Sundays—whether stripes or squares, I desired him to get some made up for me, which I occasionally adorn myself with now—they were paid for on 11th Oct; I paid 10s. for the making—I could tell you what I paid for the flannel if I had the ledger—the account would be paid by the firm on 10th Sept.—the shirts would be sent to the prisoner for the purpose of having them made up, and therefore he might have the pieces.
MR. ROBINSON. Q. Just look at the invoice; is there anything on it to betoken that it has been paid? A. No; there is no receipt on it—we have the receipt; it is not here—the entry of the payment is in our bought ledger; that is not here—if the prisoner got an order, and delivered the goods directly, without their coming into stock, he would sign the invoice—the signature would still appear if he delivered the goods directly—the patterns brought to me were several pieces three or four inches square—I swear distinctly that I never gave him authority to purchase these for me; what I ordered were stripes—when he showed me the patterns, nothing was said as to whether they were to be purchased—he did set say that he had purchased
any—my object in looking at the patterns was to select some—I gave him no directions to purchase anything, except the stripes that I selected.
SAMUEL CLAY . I do not know that these goods have ever been in stock at all—I am the chief clerk, and any person wanting goods would have to come to me—my brother did not come to me with respect to these goods; I never gave him authority to take them.
(The prisoner's statement before the Magistrate was here read, as follows: "I can account for these goods; they were in my possession lawfully.")
(MR. BALLANTINE contended that there was no evidence that the goods ever came into the possession of the firm. The COURT considered that if the prisoner had ordered things for his own use which had gone to the credit of the firm, that was not the charge; and that there was no evidence that the articles had come into the possession of the firm.)
NOT GUILTY .
760. EDWARD CLAY was again indicted for unlawfully obtaining, by false pretences, 12 yards of lawn, 31 yards of drill, 6 pairs of stockings, 24 pairs of socks" and 2 umbrellas; the goods of Philip Smith Firman and others: upon which MR. ROBINSON offered no evidence.
NOT GUILTY .
MR. HUDDLESTON conducted the Prosecution.
DAVID HART . I am in the wine and spirit trade; I have carried on business under the name of Leman Hart, and Son, in Fenchurch-street, but have moved to Trinity-square, Tower-hill. We had business transactions with the prisoner for two years, up to 1848—on 25th Sept. 1848, he bought five pipes of Port wine of us, at 25l. a pipe, without duty, in bond—it came to 125l.—my clerk sent him the five warrants by post—each warrant represents a pipe of wine, and passes it from person, to person—on 7th Dec. 1848, he said he had lost one of the warrants marked with a diamond, a "D" and "No. 8" (that warrant came back into my hands in 1850, but I have looked for it, and am not able to find it)—he asked me how he was to get the pipe of wine out of the docks; I told him that the Dock Company would probably deliver it, having an indemnity from us holding them harmless—he said he was going home, and I requested him to have a good search for it—this indemnity and delivery order (produced) were afterwards sent to him by my orders; I gave them to him, on his declaration that he had lost the warrant for the pipe, No. 8—I should not have done so if I had believed that the warrant was not lost—I afterwards received this letter (produced), it bears the signature which we generally have, and which we have always believed to be Michael Pellett's—I believe it to be his writing, but he and his daughter write so much alike—his daughter managed the business at that time—I received the letter on the following day to that on which it bears date—I heard nothing more of the wine till 1850, when I was called upon by Mr. Watkins to pay the amount, in consequence of my letter of indemnity to the Dock Company—I paid Mr. Watkins the money, and he gave me up the warrant supposed to be lost—I was not aware of this fraud till 1850, and then I was not able to find the prisoner, and I never heard of him till the other day, when we accidentally met him in Mark-lane; he ran away—it was in consequence of the representation he made that we gave him the letter of indemnity—we certainly should not have done so, but for the letter which has been produced—it was the Dock Company
that required that letter, not us—we parted with our delivery order and letter of indemnity on the representation that he had lost the warrant—the letter was sent to the Dock Company not to us—the letter of the 16th bad nothing to do with our delivering it—we did not send it to the prisoner, hut to the London Docks—it went to the prisoner first—I did not send it myself, my clerk, George Symons, did by my direction.
Cross-examined by MR. BALLANTINE. Q. You just now said, that but for the letter you would not have parted with the indemnity; what letter was it that you meant? A. I misunderstood the question—the indemnity by us was given previously—we had received no letter on the subject of the indemnity before we parted with it; nor any application from either Mr. Pellett or his daughter—Mr. Pellett requested us to give this indemnity to the Docks—I have no partners—Leman Hart, my father, is dead; but the business is still carried on under the old name—I have no son in the business—"Leman Hart, and Son" is myself—I had had dealings with the prisoner since 1846, during which time he has paid us 13, 14, or 15,000l. in duties, and all together—there is a balance of 6l. or 7l. owing by him to us, and some bills running—they were not his own bills; they were paid at maturity—there was a bill of his of 100l. winch he paid, and he paid a sum of 35l. that was not after I allege that he robbed us of these orders—the bills were due, and paid in 1849—we received 135l. on his account after we charged him with robbing us, of this sum; in addition to which, bills for 70l. which were covered by his name, were taken up.
Q. Leaving you a creditor of his to the amount of about 200l. on the two-years? A. He owes us between 200l. and 300l. now—I do not know that for the last two or three years he has been travelling for respectable houses, or that he was doing so at the time we gave him into custody—I am told that his daughter is a governess in a respectable family abroad—he has carried on a business at Brighton, not an extensive one, for about two years—I believe his daughter has been subpoenaed here to-day, and I suppose for the prosecution—I do not know who has subpoenaed her; I do not know that my attorney has done it—the officer in the case told me he had subpoenaed her—we very probably may have solicited the prisoner to take the port wine—we have travellers who go to Brighton regularly, and they probably called on him; I cannot tell that they did—I really cannot tell that he came to me, and alluded to the wine which he had been solicited to pur-chase—I apprehend that he had tasted it before he purchased it—I cannot tell whether he had samples or tasting orders—we did not make a mistake about the amount we charged him for it—we charged him 25l. a pipe—I am not aware that we invoiced it to him at 24l. at first—this letter (produced) is my writing—it appears by it that we did make a mistake of 1l. a pipe—I forgot all about that, but I perfectly recollect the expressions he used—the warrants were sent to him by post, on 25th Sept., or the following day—I was in my counting house when he came and told me he had lost one of them—nobody was present in the office where I sit—he said the warrant was "lost or mislaid"—I swear he said "lost or mislaid"—I will undertake to swear at this distance of time that he did not say he had mislaid it—it was I who suggested the indemnity, on his asking me what he was to do—I do not know that I should have given him the same indemnity for the whole five warrants—I should have doubted such an unusual occurrence as the loss of the five warrants, but it is not unusual to lose the warrant for a single cask—I supplied him with a butt of sherry on the same day that I suggested the indemnity.
Q. I believe the whole amount of business between you has been about 330l.? A. Half that amount for wines, and the other half for duties—I am the prosecutor of this indictment—it is in consequence of having paid this money that I have instituted this prosecution against him—at the time the warrant came into my possession I tried to find him, it is very likely for the purpose of prosecuting him; but I cannot state what my thoughts were then—we tried to find him before that, because his bills were unpaid, and he got our goods, sold them, and ran away—I most likely intended to prosecute him at that time, and I took particular care of the warrant; I put it into my desk, and I constantly saw it—it was endorsed "Michael Pellett and Co."—the wine could not have been obtained without, that was the usual endorsement—I have brought a warrant to show (producing one)—he gave us his acceptance for the five pipes, that acceptance was afterwards retired—I replaced it with his own acceptances—the letter part of this letter is in my writing—we would have trusted him to any fair amount for wines after the pipe of wine had been delivered to him on our indemnity, so that he might have obtained a great deal more of our property—up to the time of his running away, we had a good opinion of him, or we should not have given him the indemnity—I am not aware that we were very anxious that he should not deal with any one else—I have expressed that we were very anxious that he should not go elsewhere to get his wines.
MR. HUDDLESTON. Q. You say that you would have trusted him to any amount, were you aware that he would sell the warrant? A. No—wine warrants are made out to a particular person, and it is necessary that that person should endorse them, after which they can be transferred from hand to hand, unless they are endorsed specially—I should not have paid for this wine when I was called upon, on the indemnity, unless it had been endorsed properly—we also sold the prisoner other goods—he was not in advance to us at the time we sold him this port wine; it was ready money—at the time we parted with this wine we did not owe him any money—this letter of indemnity was written by Mr. Symons, by my order—the other acceptances that the prisoner gave were not paid, not a farthing.
COURT. Q. He called on you on 7th Sept? A. Yes, and I told him to go and make diligent search for the warrant—he brought me the other four—I received a communication afterwards, about the search, by letter, on 11th Dec—this is the letter (produced)—it was in consequence of that letter that I gave the letter of indemnity and the delivery order to the Dock Company—I have always believed this letter and the signature to be the prisoner's writing, but now I believe it to be in the writing of the daughter; that is, the one of 11th Dec., and the other in that of the father.
SAMUEL GEORGE SYMONS I am clerk to Leman Hart and Co. In 1848 I was their clerk and traveller—I have had transactions with the prisoner at Brighton—his daughter generally managed the business for him there—I have several letters from him on business, and some which I supposed to be from the prisoner himself—this delivery order and indemnity are in my writing; I sent them, by Mr. Hart's order, to Brighton—in the first instance I sent the indemnity to the Dock Company, and they would not act upon it without an order signed by Mr. Pellett—I sent the delivery order to Mr. Pellett, and the indemnity to the Dock Company, after it was signed—it was not I that sent the warrants.
The COURT inquired whether there was any further evidence of the authority of the daughter to write the letter? MR. HUDDLESTON stated that there was not, but contended that as the prisoner in the first instance made a false statement
a repetition of which subsequently came in the writing of his daughter, who managed his business, and as the goods were not sent upon the statement alone, but upon that coupled with the letter, it was for the Jury to say whether the letter did not come by the prisoner's authority. The COURT did not think that there was any evidence to go to the Jury, unless there was more evidence to show the authority of the daughter, and directed a verdict of
NOT GUILTY .
Before Mr. Justice Coleridge.
MR. PLATT conducted the Prosecution.
ELIZABETH CRANE . I am the wife of John Crane, a labourer, at West Ham. I knew the deceased child, his name was George Drew; he was sixteen months old—on Whit Monday, 5th June, it was left with me by its mother, who was going out somewhere—she lives in the same house as I do—a short time after she was gone out I went up stairs, leaving the child with a little one of my own—I left them against the door, outside—there is a large green in front of the house—the road lies to the left of the house, and about ten yards from the house; it is a newly made road, not much frequented; it is not very wide—on coming down stairs shortly afterwards, I could not find the child, and he was almost directly afterwards brought in dead by a police constable.
JAMES NICHOLLS (policeman, K 283). On Whit Monday, a little after 4 o'clock, I heard several persons calling out and shouting at this place, which is called Canning New-town, in the Barking high road—I turned my head, hearing some one hallooing, and saw the little child between two horses—the horses were drawing a cart loaded with sand—the prisoner was sitting, or rather lying, on the sand at the back of the cart; he was apparently quite drunk, and lying quite still, with his head back, partly on the sand—the horses were going at a slow foot pace; the child seemed to me to be trying to get out of the way of the horses; the fore horse seemed to knock the child down, and the wheel went over its head—my brother constable, Puddifoot, immediately ran and picked it up; it was quite dead, the whole of the top of the head was torn off—the cart was heavily loaded with sand—I know this road by being down there a few times; it leads round to the back of some houses that are building there—it is a public thoroughfare, and is about eighteen feet wide—the cart was in the centre of the road—if the prisoner had been awake, and facing the road, he could have seen on both sides of it—there were several persons a little distance off, but no one was near the cart at the time, except the child—the prisoner said he was drunk.
HARRIET RIPPINGAL . I am the wife of Thomas Rippingal, a labourer, at West Ham, and live at Canning New-town. On this Monday afternoon I was standing near where the child was run over—I heard a cry, looked round, and saw the child close up to the wheel—it was not in the middle of the road, but at the side; it is not a very wide road—the wheel knocked the child down, and went right over the head—the hones were going very steadily—I did not see any one with the child—I did not see the prisoner at all.
about half past 4 o'clock on this day, and saw the cart; it was loaded with sand—I heard some shouting, and followed the cart, intending to awake the prisoner—he was lying sideways behind the cart, apparently asleep, his face was sideways, and he was nearly at full length—I shouted to him, but it did not seem to attract his attention at all—I got within about a yard and a half or two yards of the cart, when I saw the child lying in the road—I picked it up, and ran and stopped the horses—the prisoner rolled off the cart; he was very drunk indeed—I said to him, "Do you see what you have done?"—I then had the child in my arms—he reeled away from me, as though to make his escape—I put the child on the grass, and took hold of him; he said, "I was drunk, and asleep; I never saw the poor little dear at all."
COURT. Q. Had he any reins? A. No; the horses were going one before the other—I do not remember where his whip was.
GEORGE MUNN . I am a carman, living at Bromley. I was in a cart, driving, a short way behind the prisoner—I saw the child in the road; it did not seem to have sense to get out of the way—I called out to the prisoner; he was then sitting sideways upon the hind part of the cart, with his arm leaning on the sand—I kept hallooing to him four or five times, till I made him hear, and as soon as I made him hear he looked up, and got down directly—the child had then been run over—he appeared to be in liquor.
Prisoner's Defence. I was not at work that day; one of my mates asked me to go down with a load of sand for him, to shoot it; I took it, and got on the cart, but I have no more recollection after I got on the cart; I had been drinking along with him all day; it was Whit Monday.
GUILTY. Aged 27.—Recommended to mercy by the Jury. — Confined Six Months.
MR. BROWN conducted the Prosecution.
SUSAN SEARLE . I am the wife of John Searle, and live in Church-street, West Ham. The prisoner is my brother—I remember seeing him on 31st May—prior to that time I had been on bad terms with him, but I cannot say for what cause; he owes me some ill will, but I cannot say for why—I saw him opposite my house that day for a long time, but I would not take any heed of him—I went down stairs to let my lodger in, and when I opened the door, he drew his van which he was in, close to the door, and made a strike at me with the whip—he made use of a very vile expression, and said he would cut my guts out and hang them round my neck—I shut the door, and then he exclaimed that he had come to mill the glaze—I suppose that was to break the windows—I ran out of my house the back way, and went in to Mrs. Reeves, the house next door but one to mine—I did that because I was afraid of him, and I had no one at home to protect me—Mrs. Reeves was standing by her door, I was standing by the side of her, talking to her, and before I could hardly see where I was, the prisoner came up to me, and struck me a blow on the left side of the head with his clenched fist—he made use of a very vile expression, and said he would do for me—he called me a b—y w—e—that was not the expression that he had used before—Mrs. Reeves told him that he was no man to come into her house to insult his sister, and he should not do so—he said he would strike her also—he struck at me again—he then took a hammer off the
counter, and struck me with it on the head in two places; one blow inflicted a very large wound—I bled a great deal—Mrs. Reeves and her boy then endeavoured to shove him out—they got him out, and we shut the door"—he said that he would throw the hammer through the window—I asked the little boy to go and fetch his father or a policeman—he opened the door and went out, and the prisoner flew in, grasped me by the throat, and inflicted this other wound on my head with the hammer—I remember nothing more after that—I defended myself after I got the first blow from the hammer, with a piece of iron hoop; I struck at him, but I cannot say where I struck him—I cannot say whether I did strike him, for my face was covered with blood, and my hair was all in disorder—I believe I did hit him, but I cannot say where—I cannot tell how many times he struck me after he got me by the throat—I remember receiving that blow, and I remember nothing more—after I came to myself I was very weak; I was then in my own house—it was just before Mr. Williams, the surgeon, came; he attended to me—the prisoner was very much the worse for drink.
Prisoner. The blow I received from her broke a tooth out of my head, and cut my lip right through; I inflicted no blow with a hammer. Witness. I am positive that he struck me twice with the hammer—the piece of iron hoop I picked up off the floor in Mrs. Reeves's house—I had not said anything to the prisoner before he drove up to the side of the door.
Prisoner. She called me a murderer, and said I had murdered my mother. Witness. I did Dot—he said he would murder me, and I said, "If you do, it is no more than what you tried to do"—I do not believe he did murder his mother, and I never imputed it to him.
SARAH REEVES . I am the wife of Edwin Reeves, and live in Church-street, West Ham. On 31st May I saw the prisoner in his van, fronting his sister's door—he was abusing her very much—she lived two doors from me—she came the back way to my house—that was directly after I had seen him abusing her—she was standing at the door, talking to me, and he came and hit her in the face with his clenched fist, saying, "my twelve months is up, now, and I will have my revenge of you, if possible"—I said, "If you come over my board, I will give you in charge to the police"—he put his foot over the board after he had hit her, and took the hammer off the counter—I got him out, and shut the door—he did not strike her then—he said if I did not let him come in, he would throw the hammer through the window—I then opened the door, and sent my son out to look for a policeman, and while he was gone, the prisoner came over, and hit his sister on the temple with the hammer—she flew round the counter, and he after her—he seized her by the throat, and hit her again with the hammer on the top of the head—this is the hammer (produced)—there is blood on it now—it is my husband's hammer—she fell down down senseless—she bled very much—he then went out of the house.
Prisoner. Q. Did you see me pick up the hammer? A. Yes, off the counter; when I pushed you in the chest.
Prisoner. I took it out of my-sister's hand, and she cut her head against your stairs. Witness. She never had it in her hand.
COURT. Q. Did you see her take up the piece of iron hoop? A. Yes; it was close to where she was standing—she used it as well as she could against him, but she had no power—I did not see his lip cut and do not know how it was done.
and he was bound over to keep the peace for twelve months—I believe that is about fifteen months ago.
WILLIAM HENRY WILLIAMS . I am a surgeon, at West Ham. On 31st May, I was called in to attend Mrs. Searle; I found her in a partial state of insensibility, evidently suffering from loss of blood—she had two wounds on her head, one on the left side just above the forehead, and one on the side near the vertex of the skull—the one on the left side was not of so severe a nature as the other, it was a lacerated wound evidently inflicted by a blunt instrument—the point of this hammer would inflict such a wound—the wound on the right side was more severe, it cut through the whole of the integuments and denuded the bone of its covering, it must have been done with very great force—when I first saw her, she was recovering from concussion of the brain—they were such wounds as would endanger life, she might have had inflammation following—I am attending her at the present time, I considered her in danger for nine or ten days.
WILLIAM SPEARING (policeman, K 18). I apprehended the prisoner on the morning of 1st June—I found him at work in the Barking-road—I told him he was charged with seriously assaulting his sister, Susan Searle—he said, "Yes, that's right, I should have killed her had not that woman interfered, I shall do it now some day, for she aggravates me to it"—I asked him where the hammer was, and he sent his boy to the stable and gave it up to me—this is it, I have had it ever since—I took him to the station.
Prisoner's Defence. Wherever I go to get my living she is always annoying me, and every time I pass her door she speaks falsely; this day she came out and abused me as I sat in the van; I would not get out for a long while; this is not the first or the second time, that she has committed assaults upon me; there has scarcely been a day since I was bound over, but she had hooted at me in the street, calling me a murderer and all sorts of things, which greatly aggravated me, and a parcel of strangers passing at the time; my mother was found drowned on the shore near Bromley, and had been lying there for three weeks, so that many persons might suppose there was something in it; she has been a bad one all her life time.
GUILTY on 2nd Count. Aged 38.— Transported for Fourteen Years.
Before, Russell Gurney, Esq.
PLEADED GUILTY . Aged 19.— Confined Six Months.
MR. BROWN conducted the Prosecution.
GUILTY . Aged 17.— Confined Nine Months.
Before Russell Gurney, Esq.
CASS PLEADED GUILTY.** Aged 18.— Confined Twelve Months.
TAYLOR PLEADED GUILTY. Aged 14.— Judgment respited.
MR. PLATT conducted the Prosecution.
CAPTAIN ROBERT WHITE . I am a captain in the Duke of Lancaster's own militia, which is permanently embodied. On 13th May, between 3 and 4 o'clock in the afternoon, I was trying to get into the station at Woolwich—there was a great crowd—it was shortly after the launch of the Royal Albert—I had a gold watch in my left hand waistcoat pocket, fastened by a bar at the end of a chain to a button hole in my waistcoat—this is the watch (produced)—I felt a pull at the chain, put down my hand, and caught the hand of the prisoner, within two or three inches of my side—I saw his hand doubled, and when I seized it he let go my watch, which dropped into my hand—the chain dropped at my side—it was separated from the watch then, but they had been together—I know the watch was safe the minute before I felt it pulled out of my pocket—I just looked at the watch, and passed it to the inspector—the loop of the watch was broken or cut asunder, so that it quite dropped from the chain—it cost between seventy and ninety guineas.
Cross-examined by MR. METCALFE. Q. The watch dropped into your hand? A. Yes, from the prisoner's hand—I can say positively that I saw the watch in his hand—there can be no mistake about it.
GUILTY . Aged 33.— Confined Three Months.
MESSRS. BODKIN and DAWSON conducted the Prosecution.
EMMA GOSLING . I am the wife of John Gosling; he keeps an oil and colour shop at Eltham, in Kent On 22nd May the prisoner came and bought a pair of table spoons—I told him the price was a shilling—he gave me a half crown—I had no small change, and I sent my servant Skinner to get change—I saw Sarah Davies the same evening, and she brought me the bad half crown back—I marked it, and gave it to the constable—this is it.
Prisoner. Q. When I gave it you, you supposed it to be a good one? A. Yes, or I should not have sent it to a neighbour to get change—I gave to Skinner the same half crown that you gave to me.
Prisoner. Q. Can you swear that it was the same that you gave to Davies? A. Yes, the same that my mistress gave me.
SARAH DAVIES . I am servant at the Queen's Arms Tavern, at Eltham. I remember Skinner coming on 22nd May—she gave me a half crown, which I gave to Mr. Goodwin—he returned it to me—I took it to Mrs. Gosling—the one I took to her was the one I received from Mr. Goodwin.
him 2s. 3d. in change—I thought the half crown was good—I put it into the till—I am quite sure there was no other half crown there—I had been to the till shortly before the prisoner came to take change, and I took out all that was in the till, except a little small change—I am quite certain there was no half crown in it when the prisoner came in—about a quarter of an hour after the prisoner left I heard of some bad money being uttered—I looked in the till, and found only one half crown—no person had been to the till in the mean time—I put a mark on that half crown, and gave it to Fletcher—this is it.
JOHN FLETCHER (policeman, R 116). On 22nd May I went to Mrs. Gosling's shop, and received from her this half crown—I then went in the direction towards London—I overtook the prisoner about two miles from Eltham—I told him he was charged with passing a bad half crown at Mrs. Gosling's shop, in Eltham, for a pair of spoons—he said I was mistaken in the man—I found these two spoons on him, 25s. 9d. in good silver, 1s. 9 1/2 d. in copper, a purse, a knife, a railway guide, and a measuring tape—I took him back to Eltham, and Mrs. Gosling identified him—I then took him to Mrs. Hunt, and she identified him—she said this half crown was what he passed for a bottle of beer—he made no reply.
GUILTY . Aged 25.— Confined Twelve Months.
MESSRS. W. J. PAYNE and POLAND conducted the Prosecution.
JABEZ EDWARDS I am a stationer, and live in High-street, Woolwich. On Saturday flight, 14th May, the prisoners came to my shop—to the best of my knowledge they are the two women—Price asked for 1d. worth of steel pens—I served her; she gave me a sixpence—I gave her 5d. in half-pence—they left the shop—the officer came in, and asked what money they gave me; I looked in the till—I had had only two half crowns in it when I put the sixpence in—I found only one sixpence in it—I gave it to the officer; he put it in his mouth and bit it—I marked it afterwards.
GEORGE RANWELL . I am a greengrocer, and live in High-street, Woolwich. On Saturday evening, 13th May, the prisoner Smith came about half past 7 o'clock—I served her with a lettuce—the price of it was 1d.—she tendered a sixpence—Gladwin came in, and he said, "Look at that money"—I found the sixpence was bad, and gave it to him—he took Smith into custody—after he had got her, he pointed out the other prisoner.
JOHN NEWELL (policeman, R 340). I was in High-street, Woolwich, in plain clothes—I saw the two prisoners go into Mr. Edwards' shop—a short time after they came out, I went in and asked Mr. Edwards what money they had passed; he said a sixpence—I asked him to let me look at it—he opened the till and took it out—it was bad—I bit it, and asked him if he should know it again; he said, "Yes"—I followed the prisoners—I saw Smith cross the road, and Gladwin took her—I took Price—I told her she was charged with passing a bad sixpence with another—she said, "Who?"—I pointed over the road to Smith, and said, "That one"—she said, "I know nothing of her"—I asked her for her pocket; she gave it me—I found in it 7s. 9 3/4 d. in coppers, seven 4d. pieces, and a 3d. piece—she had a basket containing biscuits and radishes, and small articles.
WILLIAM GLADWIN (policeman, R 122). On Saturday night, 13th May, I was on duty in High-street, Woolwich—I saw the prisoners together—I saw them both go to Mr. Edwards shop—when they came out I saw the officer go in—I saw Smith go to Mr. Ran well's, and I went and told Mr. Ranwell to look at the money she gave him—he did, and it was a bad six-pence—Smith said, "If it is bad, my sister gave it me," pointing to the other prisoner, who was on the other side of the way—she said, "If you will let me go, I will give you all the money I have got, which is two shillings"—I took her to the station—there was two shillings found on her, and some suet and trifling things.
Smith's Defence. My sister in law sent me a letter to go and see the ship launched; I went, and she gave me the sixpence; I did not know it was bad.
PRICE— GUILTY .* Aged 25.— Confined Nine Months.
SMITH— GUILTY. Aged 23.—Recommended to mercy by the Jury. — Confined Three Month.
Before Mr. Recorder.
PLEADED GUILTY . Aged 20.— Confined Six Months.
MESSRS. SLEIGH and GEARY conducted the Prosecution.
EPHRAIM GRANT . I am a convict keeper on board the Warrior hulk. I did live in Charles-street, Woolwich—I left there the latter end of April—during the time I occupied that house, the two prisoners had a furnished room in it—they occupied it about three weeks—I lived there when they took the apartment, and then I removed to No. 5, Albion-road—when I left the house in Charles-street, I still continued to hold it—I am absent from home myself sometimes for two days and three nights—about a week or a fortnight after I removed, I received information that the prisoners were gone—I went, and everything was taken out of the room that belonged to me, except three chairs—the house was left empty and locked up, but they had not shut the front window—the prisoners had agreed to take four empty rooms of me, and they removed the furniture from the upper room into the lower room—besides the furniture which was in the room they occupied, we missed a great many things that were not let to them; a bed, a counterpane, three blankets, four pillows, two saucepans, some flat irons, fire irons, a table cover, some pillow-cases, and other things—my wife will tell you better than I can—I discovered where the prisoners were living, in White-street, in the Borough—I went there with Mr. Keefe, and took a constable with me—I found some of my property in the room where the prisoners were—these things my wife can speak to better than I can—here is a towel marked with ink, and a pillow case marked with my own name on it—I had not given the prisoners any authority to take away the things.
Cross-examined by MR. THOMPSON. Q. When did the prisoners come to lodge with you? A. Some time in the beginning of April—they left in May—I did not myself let the apartment to them—I did not make any agreement with them about the apartment—my wife did—the mark on this article is not my writing—it is one of a lot of goods which I bought at a pawnbrokers at Windsor—I removed from Charles-street to No. 5, Albion-road
—I took a considerable quantity of furniture with me—I did not myself make any inventory of what I left behind—when I left Charles-street there were other lodgers in the house: a man and his wife, who were both deaf and dumb—when I left, Spearing made an agreement with me to take the four empty rooms, and they brought the things down from above—they remained in the house in Charles-street about a week after I left—they were weekly tenants—all I know about letting the apartments, was the letting the empty rooms, in which there were some things left—my wife was the manager of these things—I cannot tell you the exact date when I left Charles-street—it must have been about the last week in April—I removed at my own convenience, when I had opportunity—there were four rooms and two kitchens in the house in Charles-street—the prisoners were to take the two rooms up stairs and the ground floor—a deaf and dumb man and his wife had the two kitchens—they were to pay their rent to me.
Spearing. I took the furnished room of you, and paid you 3s. 6d. Witness. You took it of my wife, and paid her 3s. 6d., and we received no rent afterwards.
MR. THOMPSON. Q. After the prisoners made the agreement to take the four empty rooms, did you say that those things that were left behind, should be lent to the prisoners, they paying you so much for them? A. No, certainly not—I think the last thing I removed was a hand basin and jug; I kept moving at my own convenience.
JOHN THORPE . I am in the service of Mr. Moore, a pawnbroker. I produce a bed pawned by Weathers on 1st May for 1l., and a sheet pawned by him on 3rd May—I have a blanket, pawned on 24th April by a female in the name of Weathers, but whether it was pawned by Spearing I do not know—I have a pillow, pawned on 24th April, and a counterpane, on 29th April, each of them by a female, but I cannot recognise Spearing—I have shown these things to the prosecutor.
Cross-examined. Q. Do you know the male prisoner? A. I have seen him in the shop; I knew him as a customer—I can say positively that he pawned the bed and the sheet—Mr. Grant applied to me first—he told me he had lost a quantity of things—I found these things amongst our stock—I knew the male prisoner by the name of Weathers.
MARY ANN FENSON . I am the wife of William Fenson, a policeman. On 15th May I searched Spearing at the station—I asked her if she had anything about her; she said she had some duplicates, which belonged to herself—I have them—one is for a blanket.
GEORGE ROBERTSON . I am in the service of Thomas Burt, a pawnbroker at Woolwich. I produce a blanket pawned by a female—this is the duplicate I gave of it to the person—it was in the name of Ann Weathers.
MARY ANN GRANT . I am the wife of Ephraim Grant. I have examined all these articles, they are my husband's property—they are the same things that were let to the prisoners with the lodging—they did not give any notice when they left the lodging.
Cross-examined. Q. Who did you make the agreement with? A. With Spearing—she came alone, and I made the agreement with her—she was to have the first floor front room furnished, and to pay 3s. 6d. a week—the furniture was a bed, two sheets, two pillows, a bolster, four chairs, and towels, and the ordinary contents of a room—it was bed room and sitting room—I remember leaving Charles-street and going to Albion-street—there was no particular agreement made when we left Charles-street—my husband made the agreement about four empty rooms—we were not to do anything
to them—we did not let them have the furniture that was left behind—they had a furnished room three weeks—they agreed to take the four rooms of my husband—that was not in my presence—I do not remember that anything particular passed between me and Spearing about the furniture—only they had let one room, and the parties had come in it, but I was not there—I did not leave a bedstead behind—I left a feather bed—our term for giving up the house in Charles-street does not expire till next quarter day—I took some of the goods away—I believe we were a little in arrears with the rent—I believe the prisoners remained in Charles-street about a fortnight after we removed—we were taking the furniture away during that fortnight—I did not mistrust the prisoners—I did not leave the furniture in their charge—I do not remember that I told them to look after the things—I let them one room—my husband let them the four rooms—there was no agreement for letting the furniture to them during those two weeks—I do not remember that I left the furniture in their care till I could remove it conveniently—I left it in the house—there was no one else to take care of it—I locked the door—they were to pay 5s. a week for the rooms.
Spearing. You gave me two small plates and a window blind. Witness. There was one plate of this pattern lent you, but not two.
MR. GEARY. Q. Did you say anything to them about taking care of the things? A. They occupied one room only, and only one in bed it; they slept together, and passed as man and wife—I knew the woman by the name of Weathers—she gave me that name—I did not know that her name was Spearing till after she was gone.
JOSEPH ASHLEY (policeman, A 497). On the evening of 15th May I was on duty in the Borough—the prosecutor made a complaint to me, and I went with him to No. 42, White-street, and found the two prisoners in a room in the front of the house—he gave them in charge, for robbing their furnished lodging in Charles-street—I told them that they heard what the charge was, and they must consider themselves in my custody—Spearing said, "Mr. Grant, it is a shame of you; you lent us these things"—the prosecutor said, "Oh, no, no; you are quite mistaken"—I found in the room a table cover, a piece of bed furniture, a brass candlestick, and some glasses, in presence of the prisoners—I took them into custody, and on the way to the station, Weathers said, "This woman is as innocent as you are; it is me that has taken the things, and pawned them"—when I had taken them to the station, I went back to the room, and found the remainder of the things produced—I produce five duplicates, which were given me the same evening, by Keith—when I took the prisoners, there were four children lying on a mattress.
MARY ANN MARTIN . I am the wife of John Martin, of 42, White-street, Borough. I am a relation of the prisoner Weathers—about six weeks ago he gave me six duplicates—he said, I must not dispose of them—he asked me if I could borrow a little money on them—I told him I would try—I applied to Mr. Keefe, my landlord—he said he would buy them of me—I said I did not know whether I could sell them—I left them with him, but I received no money on them.
JOHN KEEFE . I am a tailor, at No. 42, White-street. A few weeks ago I received six pawn tickets from the last witness—I kept them in my possession till I gave them up at the station to the policeman.
COURT to MARY ANN GRANT. Q. Whose is this blanket that came from Burt's? A. It is mine; I know it by a mark on the corner, where I
scorched it, and by the edges—it was in the room the prisoners occupied—the sheet and table cloths, and all the things, were in the room I let to them—I believe none of these things were in either of the empty rooms—they were in the room that I let to them when I left Charles-street.
Cross-examined. Q. Can you swear positively as to which of the rooms these things were in, after you left Charles-street? A. They were in the room that I let to the prisoners—we left three rooms entirely empty before we went to Albion-street, after we got our things away—I left these things in the room that I let to the prisoner.
COURT to MARY ANN GRANT. Q. You were the person who first let the room, at 3s. 6d. a week, to Spearing? A. Yes; I continued to live in the house about a fortnight after I let the room to her—she paid one week's rent—when I went away I left them in possession of that room, and the goods were in that room.
COURT to EPHRAIM GRANT. Q. When you left Charles-street, you agreed to let them have the three other rooms, besides the one they had? A. Yes.
Cross-examined. Q. You said they were to have the four empty rooms? A. Yes; I should have taken away the things that belonged to me—they were to have taken these four rooms of me as empty rooms, the three empty rooms and the one that they had—the agreement was made on 26th April, I think, that they were to take the empty rooms—the agreement was that I was to remove the furniture out of the room that they slept in; decidedly so—I should have taken it away—I have the agreement in my pocket—the date of it is 26th April.
Spearing's Defence (written). I beg you will believe the statement I am about to make, on account of my poor children, which are four in number, all under the age of seven years, and one is quite a cripple; I was residing at Gosport, my husband being a seaman on board the Winchester; as I have only 16s. a month to support us all, I was obliged to work very hard at my needle to maintain my family, when I was persuaded by William Weathers and his wife to come to London with them, and they would get me plenty of work; they stayed with me till I had parted with everything I had, even to the bed from under me; they then left me alone in the house with their brother, the lad now before you; he told me if I would take a furnished room in his name, he would get work, and pay the rent, as his brother and sister had acted so cruelly to me; I accordingly took a room of Mr. Grant, my prosecutor; I was there a week, when I paid him, and gave up the room; he removed out of the house, and left us four empty rooms, and lent the young man, Joseph Weathers, a few things till he could get some of his own; I knew nothing about the things being pledged, and I had nothing to do with pledging any, or taking anything away; my reason for troubling you with this statement is to assure you that I have not been living with Weathers in an improper way, and I know nothing of the things he had pledged.
WEATHERS— GUILTY . Aged 22.
SPEARING— GUILTY . Aged 32.
Confined Four Months.
773. GEORGE LLOYD , burglariously breaking out of the dwelling house of John Thomas Cooper, at Woolwich, having stolen therein 1 watch, 4 brooches, 2 rings, 1 handkerchief, 1 necktie, 1 umbrella, 1 pair of boots 1 knife, and 1 spoon, value 8l. 5s. 6d.; his property: to which he
PLEADED GUILTY . Aged 21.— Confined Twelve Months.
JAMES FEARNLEY . I am a coal dealer and earn merchant of Lewisham—the prisoner has been in my service as gardener—he had charge of my barn and seed house—there were a number of building materials in the barn, and some carpets and coal sacks—after he left my service, I sold him some timber, in consequence of which he was working on my premises, taking it down, and he had the key of the barn, as I allowed him the privilege of keeping his tools there—in the beginning of May, I missed a chaise cart from the open shed, in consequence of which I examined the barn, and missed a quantity of cleft wood, ten coal sacks, a leaden pump, an ornamental flower stand, a sack barrow, and a pig trough—the flower stands were in the seed house—it was about four months since I had seen them, but I am sure they were there at the time—I gave the prisoner no authority to sell or remove them—they were my property.
JOHN GILBERT , I am a coal dealer of Perry-hill, Sydenham. I bought some coal sacks of the prisoner at Mr. Fearnley's barn; I had gone there to carry some wood for him—he offered to lend them to me at first, and then he said I might buy them, and I did so—he said he had bought them—he owed me money at this time—I bought eight sacks, and I paid him 11s.—I afterwards gave them up to the constable—he had gives me a sack barrow about two months before this.
GEORGE WILLIAM SYKES . I live at tie Two Brewers, Perry-hill—I remember the prisoner coming to my house; he asked me if I wanted to buy any flower stands, and said there were some in the greenhouse; I said I would see Mr. Fearnley, and see what he would take for them; he said, "Leave it to me, I can get them cheaper than you can"—he asked me what I would stand for them; I said, "a crown"—he afterwards brought them to me for 4s.; I gave him 6d. for himself—he also brought me a hog trough, and asked if it was of any use to me; I said I did not want it, I had three already; it was left on my premises—I afterwards gave the articles up to the police.
JAMES PALMER (policeman). I took the prisoner on 16th May—I told him that there was a quantity of articles missing from Mr. Fearnley's premises, and he was suspected of stealing them—he said he knew nothing about them, and that they were all there when he left—I went there with him—he said the key was kept over the barn, and other parties had access to it as well as he—the key was not there; Mr. Fearnley had got it then—the prisoner showed me where the things had been, and said he knew nothing about them—I then mentioned the pump and the coal sacks to him, but I had not mentioned them when he said he knew nothing about them—I did not mention the flower stands, as I did not know they were missing—I produce a coal sack which I received from Gilbert.
Prisoner's Defence. I had authority from Mr. Fearnley to sell a quantity
of things, and a large quantity of timber in the greenhouse; he was there when the vans came from London and fetched them; there are some elm trees there which I have not sold yet.
JAMES FEARNLEY re-examined. I deny that I ever gave him authority to sell anything—I sold him the timber—there were two willow and aspen trees standing—there was no written agreement between us—he was to pay me on getting the money from the parties to whom he sold them—he was to have come into my employ again in the spring, and for the sake of his not being out of employment, these trees were sold to him at a nominal price—the last transaction was 4l.—he did not account to me at all for these sacks—I am positive I did not authorise him to sell the things in the barn—I did not owe him any money—he drove a light cart for me—I have employed him about seven months.
GUILTY . Aged 23.— Confined Two Months.
MR. JOYCE conducted the Prosecution.
LOUISA CHAPPEL . I am in the service of Mr. Lucas, of Maize-hill, Greenwich. On Saturday afternoon, 6th May, about 3 o'clock, I was up stairs in one of the rooms in my master's house—I looked out of window, and saw the prisoner Sullivan coming up the pathway to the front door, he was carrying two mats, one before him and one behind him, hung over his shoulder—I know that the street door was open three or four minutes before, when I went up stairs—a coat was hanging in the passage; I cannot say that I saw it there when I went up stairs, but I saw it in the morning about 11 o'clock—I did not go down stairs immediately upon seeing Sullivan; as there was somebody down there, I took no notice—I finished what I was doing upstairs, and came down about five minutes afterwards—I saw Mrs. Lucas, and said something to her, she sent me to the front garden for something—I looked round twice and could not see what I was sent for, but looking the third time I saw Sullivan walking down the pathway—he said, "Do you want any mats?" I said, "No"—he was walking down the walk towards the gate, to go out—as I answered him, I at the same time saw the coat under his mats, on his right arm—I took no notice of it to him, but immediately went and told Mrs. Lucas—I came out again with her, and as soon as I got outside the gate I pointed to Sullivan, and said, "That is the man that has taken the coat, but he has passed it to another man who has run away with it"—the prisoner, Savage, was with Sullivan, and another one who is not here, was about a step ahead of Sullivan with the coat under his arm—I saw the coat at that time, the men were going up Maize-hill towards Blackheath—they noticed us, and as soon as they did so, the man with the coat ran in one direction, and Sullivan in another—knowing the man that had the coat was not the one that took it, I took no notice of him, but went after Sullivan, and followed him—the man with the coat turned to the left when he got to the top of Maize-hill, I do not know the name of the place—Sullivan ran towards Vanburgh-fields, Savage was on the hill—I spoke to him, and told him to stop that man for he had stolen a coat, but he took no notice of what I said—the men started off to run when they had got five or six yards from the gate of our house—it was Sullivan who turned round and saw me, and then they ran away—I ran about three miles after Sullivan, I had company part of the way—I missed Sullivan after running about two miles and a half: I lost sight of him—I had no one
with me but the boy that picked up the mats that Sullivan threw away, and the boy followed me with the mats—Sullivan threw them both away, about a quarter of a mile from the house, on Blackheath—I met a postman just by Vanburgh-fields, and said, "Stop that man, for he has stolen a coat;" he put out his arm to stop him—Sullivan said, "I have no coat, you see I have not got a coat;" I said, "Of course you have not, after passing it away"—the postman went a little way back, as I supposed to beckon to a policeman, and Sullivan took advantage of that and ran past me, turned to the left, and went up towards the heath—I was afterwards at the police court before Mr. Secker, when Sullivan was brought up in custody—I saw Savage in the court directly I went in—he was not in custody—I did not hear him say anything in the police court.
Cross-examined by MR. ROBINSON. Q. What are you at Mr. Lucas's? A. Housemaid—I was dusting a looking glass at the window when I looked out and saw Sullivan—I was not looking in the glass, I looked out of window just by chance; it was the first floor window—I had never seen Sullivan before—I was about four minutes up stairs—I was not looking out of window all the time, I only just glanced out—I then went down and went out, and saw Sullivan going towards the gate; he had not his back to me, I was at his side, but I did not see his face because he did not turn his head then—I went in again before I saw his face, but I had seen it before when he was coming up the pathway—it was not a second before I came out again with my mistress—I only had to go up four steps to the front of the house, Mrs. Lucas was at the top of the steps; I went up the four steps and said, "Here is a man has got Mr. Isaiah's coat"—Mrs. Lucas and I then went down the garden, and outside the garden: Sullivan had then got five or six yards away from the gate, and was going away; I gave chase at once, and as soon as he saw me he ran as well—I went about two miles and a half before I missed him; he was not running the whole of the time, but walking very fast—I ran till I got so out of breath that I could not run very fast—I ran and walked very quickly—I was about a quarter of a mile behind him—I kept that distance behind him, he was not running the whole of the time, he walked very fast—I did not see the coat passed to the third man; I saw him with it—I preferred catching Sullivan, because I knew the other was not the one that had stolen the coat—Mrs. Lucas went after the man that had the coat, and I went after the man that took it—I did not lose sight of Sullivan till I had followed him two miles and a half then I missed him—I was then coming back again, and some one beckoned to me, I went to see who it was, and it was the young man who had caught Sullivan; I had passed the lane where he must have turned down, and was returning back again—I have been a year and nine months in Mr. Lucas's service.
Cross-examined by MR. RIBTON. Q. "What day of the week was this? A. Saturday—I was before the Magistrate on the following Monday—it was in the body of the court, where the public stand, that I saw Savage, there were not a good many persons with him, there was only one person with him, I think, and he said it was Sullivan's mother—that was the second Monday, I did not see Savage the first time I went to the court, it was the next Monday, no, it was the first Monday, because he was in prison for one week, he was taken in custody the first Monday—the Magistrate said to him, "Do you know anything of the prisoner?"—he said, no, he knew nothing of him—he said, "Then, what do you come here for?"—he said, he merely came to hear the case with Sullivan's mother—I heard him
say that—he stood at the side of me when he said those words—when I said, just now, that I did not hear Savage say anything, I thought I was asked whether I heard him say anything outside the door—what I said to Savage was, "Will you stop that man? he has stolen a coat"—Savage was then walking gently up the hill, Sullivan was then running, and the third man also—I did not hear Savage make any reply.
MR. JOYCE. Q. What was it that you heard Savage say, inside the police court? A. Sullivan said that he had a witness in court to speak for him; I saw Savage, and directly went to Mr. Lucas and said, that was the one that was in company with Sullivan—he said, "Which one?" and the Magistrate told me to go and pick him out, and I went and touched Savage on the shoulder—he did not say anything, but the Magistrate said, "Do you know anything of the prisoner?" he said, "No, I do not;" the Magistrate said, "Then, what brought you here?" he said, "I merely came to hear the case with Sullivan's mother;" the Magistrate said, "Were you at Greenwich on Saturday?" and he said, "No."
ELLEN LUCAS . I am the wife of Squire Stephen lucas, of Maize-hill—On Saturday, May 6th, about 3 o'clock, my servant, Louisa Chappel, said something to me, in consecquence of which I went from the side of the house, and followed her outside the gate—I saw three men about six yards from the gate, on the pathway—the prisoners are two of the men, I could swear to them both—Sullivan was carrying two mats, Savage was about three yards behind him, with his hands in his pocket; the third man had a coat—Chappel said, "That is the man who stole the coat, pointing to Sullivan—the prisoners could hear what she said—she then said, "There goes the man with the coat," that man was about six yards in advance of Sullivan—I spoke to Savage, and said, "Stop that man, he has stolen a coat;" he made me no answer, I thought he did not hear me—I said again to him, "Pray stop that man, he has stolen a coat;" he then said to Sullivan, "Dick," or "Tim, have you got a coat?" that appeared the signal for Sullivan to run away, which he did directly, and my servant followed him—the man with the coat ran in another direction, I followed him for about 100 yards—a man was passing me at the time in a cart, and I asked him to stop the man—I saw the man drop the coat, I picked it up—the man got away, I could not stop him.
Cross-examined by MR. ROBINSON. Q. The first you saw of Sullivan was when you got to the gate, was it not? A. Yes; outside the gate, about six yard's from it; he was then going away, and he continued going away the whole time; I never got in front of him—I had never seen him before.
ISAIAH OUGLAS LUCAS I reside with my brother, at Maize-hill—this coat (produced) is mine, I have worn it nearly three years, it is nearly worn out—after Sullivan had been before the Magistrate, Savage was taken into custody, and he wag removed from the court—I heard Sullivan say to him, outside the court, "You know that I did not take the coat, and you can clear me if you like"—Savage made no reply—at the close of Sullivan's examination he was asked whether he had anything to say; he said he had a witness, and pointed to Savage—the Magistrate asked Savage what brought him there; he said that he had come to the police court with Sullivan's mother—he was then identified by the girl, and his reply was, "I was not in Greenwich on the Saturday."
Cross-examined by MR. ROBINSON. Q. What are you? A. A printer, and part owner of the Kentish mercury.
Cross-examined by MR. RIBTON. Q. Where was Savage when Sullivas
said this to him? A. At his side, outside, the court—they were then both in custody—I was close to them—I could not swear to the precise words but I am quite sure as to the meaning.
WILLIAM RAINSELY . I am servant to Mrs. Hart, of Vanburgh Castle; Maize-hill, it is a school—on Saturday afternoon, May 6th, I was on Maize-hill—I had just let my mistress's carriage out of the gate; it is about twelve yards from Mr. Lucas's house—I saw Sullivan, with two mats on his back, he ran right into my face, and went towards Blackheath; he threw the mats down, and went on the Shooter's-hill road—I heard the servant girl call out, and Mrs. Lucas said, "Will you run and stop that man?" I said I would, and I pursued Sullivan for about four miles, if not more—I kept him in view all the time, except just when he went round the corner, and I was in view of him again in no time—at the end of the four miles he went into the wood"—I walked up to him, and said, "Get up"—he said, "Oh, yes; let me get my wind first"—I said, "Of course," and then he walked back to Mr. Lucas's house with me—there was no one on the road all the time—the servant girl was a long way behind me; I was by myself, and in the wood by myself.
Cross-examined by MR. ROBINSON. Q. I suppose you wanted a little wind yourself by the time you got to the wood? A. I did, indeed—I did not run all the time; I kept in sight of him—I was not with the servant; I got right ahead of her—I never got before the prisoner—when he turned the corner I speak of, I stood close to him—I was a few yards from him when he began to run, and I never lost sight of him, except just when he turned round the corner, and I was in sight of him again in a moment—the corner was about three miles from where he first began to run—he had got about ten yards into the wood when I saw him, and he was lying behind an oak tree—I did not see him lie down—the wood was cut last year, I think, by the appearance of it; it consists of brambles, and all that sort of thing, and a few trees—he walked back with me to Mr. Lucas's house—I had not hold of him—he had about a mile and a half to walk, and as we went, the servant fell in with us—he had made a regular course; he had run in a circle, and came back towards Mr. Lucas's again.
MARY NORSWORTHY . I live with my husband, about twenty yards from Greenwich-park gate. I was standing at the window on this day, waiting for my husband to come home to dinner—I saw the prisoner Savage and a taller man walking in the park, at about half past 2 o'clock—the tall man came out with two mats, and they all passed my window.
Cross-examined by MR. RIBTON. Q. Where were they? A. The taller man came out of the park, and two shorter men were waiting there—Savage is the shortest of the three—I first saw him standing opposite the park gate with a young man, who is not here—I did not see any other people about—Sullivan is the tall man—I had not been at the window long when I saw them all three pass—it was more than ten minutes from the time I saw the two men till the other man came out of the park gate—the tall man had the mats; one on his back, and one on his front.
Cross-examined by MR. ROBINSON. Q. Do you mean to say that Sullivan is the man? A. I think I could if I was required—I will swear it, if you wish it—he is the man—I recognized the two before I came in here—I saw them in the dock—I have not been examined before—I came up with my husband for a day's pleasure, and did not think of coming here; I was going to another place; but I can speak the truth for all that—my husband is
the policeman in the case; he did not tell me that my day's pleasure was to be taken in this Court, till I came here this morning—I mean to say that that was the first notice I had that I was going to give evidence; I was going to spend the day in Cheapside—I told my husband that I had seen the two men, and knew them; but I begged him not to take any notice of it; I spoke of it the very day that he took them—I saw my husband pass the window with the young men, and when he came in I told him I had seen him with them, and said, "Pray say nothing about it"—I begged him not to take me to the police court—he has taken me in to-day.
WILLIAM NORSWORTHY (police man, R 324). On Saturday, 6th May, I took Sullivan; he said, at the station, that he had made a very bad day's work of it—Mr. Lucas gave me this coat (produced)—when Sullivan was at the police court I saw Savage there—Sullivan said that there was a party in Court who could prove that he did not steal the coat, if he liked to speak the truth; but no one appeared—he was remanded for a week, and Savage was taken—when I came into Court Mr. Secker was asking him what he did there; he said that he came to hear the case—Mr. Secker asked him how he knew Sullivan was locked up; he could not give a satisfactory answer, and Mr. Secker ordered him to be locked up—when he was brought out into the yard he said he was not nigh Greenwich that day—after he was locked up my wife made a communication to me—I did not tell that to the attorney; I have not seen him—Mrs. Lucas spoke about it last night, and in consequence of that my wife was brought as a witness.
Cross-examined by MR. ROBINSON. Q. When did you first tell her that she was to be a witness? A. Inside the Court this morning—I did not intend her to be a witness when we started; I brought her up to see an aunt of mine, in Cheapside; it was raining, and she came here with Mr. Lucas's servant—I did not turn her into a witness; I know nothing at all about getting her expenses allowed—I did not take her to the police court, she was not sent for, and did not want to go—she did not entreat me not to take her—Mrs. Lucas identified the prisoners, and I thought my wife was not wanted—it was not in consequence of any request she made to me that I did not take her to the police court—I told her that perhaps she would be wanted, and she said if it could be done without her she did not want to go, and I did not give it a thought till this morning—she was not before the Grand Jury.
SULLIVAN received a good character.— GUILTY . Aged 26.— Confined Three Month.
SAVAGE— NOT GUILTY .
MR. RYLAND conducted the, Prosecution.
THOMAS RODOLPH EVEREST . I am superintending constable of the Rochester division for the county of Kent. On Saturday, 13th May, the day of the ship launch, I was on duty at the North Kent Railway Station, about 2 or 3 o'clock in the afternoon—there was a good deal of crowding there, and I saw the prisoner getting behind gentlemen and feeling their coats—I saw him put his hand into a gentleman's pocket, and take out this handkerchief (produced)—I seized it in his hand, and spoke to the gentleman—he looked at it, and said, "That is my handkerchief, give it to me"—I said, "No, I can do no such thing; I am an officer, and must take him into custody"—he said, "You may do just as you like with him and the
handkerchief too"—I searched the prisoner, and found four other handkerchiefs and a small telescope upon him—he very much resisted me in the search.
Cross-examined by MR. RIBTON. Q. There was a great crowd, was not there? A. Yes—there was nobody between me and the prisoner—he was on the skirts of the crowd, pushing to get to the railway station—the gentleman is not here, he said he would leave it in my hands.
GUILTY . Aged 16.— Confined Six Months.
MR. JOYNE conducted the Prosecution.
THOMAS RODOPH EVEREST . I am superintendent of the Rochester division of police. On Saturday, May 13th, I was at Woolwich Dookyard; it was the day of the launch—I was at the dockyard gates between 2 and 3 o'clock, and saw the prisoner on several occasions go towards the gate, and walk in with the people, feeling the dresses of persons with his left hand; he had his right hand in a sling—he went behind a lady, put his hand into her dress, pulled out a purse, and put it into the sling his arm was in—he turned round, saw me, and ran away—I caught him, and in scuffling with him he chucked the purse behind him—I said, "I saw you pick that lady's pocket, and take the purse from her"—he said, "I never see any purse, I never touched any purse"—as I had hold of the collar of his coat he swung round, took it out of the sling, and threw it down—somebody picked it up—this is it (produced.)
Cross-examined by MR. RIBTON. Q. You said you saw him throw the purse away? A. Yes; it went about a yard from him—I saw it as plainly as I see it now—I saw his hand both with the purse in it and empty—I could not find the lady—I examined the prisoner's arm; there was something a little the matter with his fingers.
JAMES SOAPER (policeman.) On 13th May I was on duty in Woolwich Dockyard, and Mr. Everest gave the prisoner into my custody, and told me the charge—the prisoner said nothing—there was a crowd, and I saw a hand pick up the purse and put it into my hand—it was about two yards from the prisoner—this is the purse (produced)—I searched the prisoner, and found 2s. 6d. in silver, 3 1/2 d. in copper, a small penknife, and a toothpick—the purse contains 5s. in silver.
GUILTY . Aged 17.— Confined Four Months.
(MR. GIFFARD, for the prosecution, offered no evidence against the prisoners.)
NOT GUILTY .
Before Mr. Baron Alderson.
MR. THOMPSON conducted the Prosecution.
FREDERICK BELL . I am a carman, and live at No. 25, Giffin-street, Deptford; the prisoner lodged in my house, in the top front attic. On Monday evening 15th May, about 6 o'clock I was sitting in the front parlour at tea, and heard the prisoner's wife crying "Murder! and "Help!"
—I got up out of my chair, went into the passage and saw the woman lying in the yard, and the prisoner standing over her, attempting to kick her—I went to him and said, "Well, John, what do you want to kill your wife for?" and I gave him a shove and pushed him away from her—he then turned round and made a hit at me, and as he drew his arm back I found that I was stabbed at the side of the ear—I did not see anything in his hand at first—he struck at me a second time, and I laid hold of his legs and threw him down—I then saw him throw the knife away; it was afterwards picked up; it was a clasp knife, not very sharp, with a kind of point to it—I struggled with the prisoner for some time—he said he would do it for me again—he meant that he would stab me again.
COURT. Q. Did you mention that he had stabbed you? A. He knew that he had stabbed me; because the blood came from my ear, all over his face—it was whilst the blood was coming from me that he said that; it was after he had thrown the knife away—he had nothing then to do it with.
MR. THOMPSON. Q. In what state was the prisoner? A. He was in liquor; he had been tipsy for a week before; he was about half and half at this time—he is an excavator, and was at work at the Commercial Dock—I afterwards went to a surgeon, and had my wound dressed.
Prisoner. Q. Did not you knock me down before I meddled with you, and give me a black eye? A. No; I pushed you from your wife, to save her life—I never bad an angry word with you, all the eight months you lodged with me—in my opinion, you would have murdered your wife if I had not interfered—I never held a razor to my wife because she stopped out all night—you did mot draw the knife at me; you had it in your hand when you made the hit at me.
ROBERT HARRISON . I am an engine fitter, and live in the same house with the prosecutor and prisoner. I was at home this day, and heard the woman scream "Murder!" and, for God's sake, for somebody to come and help her—Mr. Bell was the first that went out to her assistance—when I went out she was lying on the ground in the yard, and Bell was bleeding from a wound in the left ear—I had followed him closely—I went for a policeman—about fire minutes afterwards I picked up the knife, in the yard, between the door post and the water butt—I gave it to the policeman—this is it (produced)—the prisoner owned it before the inspector.
COURT. Q. Did you see Bell strike the prisoner? A. They were scuffling when I got there; Bell was struggling to get the prisoner away from his wife—I then went for the policeman, and did not see any more.
Prisoner. Q. Had net Bell got me down? A. No; I did not see him give you a black eye—you and he were not fighting—you could not have had five or six rounds before I went out—it was done instantly.
EDWARD DOWNING , M. D. I am a surgeon at Deptford. On 15th May, Bell called on me about 7 o'clock in the evening—he had a slight punctured wound on the left side of the head near the ear—I did not consider it of a dangerous character—it might be caused by such a knife as this—he was some time under my care—I dressed the wound several times; it was some inches from the carotid artery.
Prisoner. Q. Did it look like a stab or a scratch? A. It was a puncture.
Prisoners Defence. I did not mean to do him any grievous bodily harm if I did it.
GUILTY of unlawfully wounding. Aged 29.— Confined One Year.
MR. JOYCE conducted the Prosecution.
THOMAS FIGG . I am in the employ of Mr. Stapleton, of Deptford—the prisoner was in the same service—he left on 2nd May—we had no quarrel while he was there. On Wednesday, 3rd May, between 7 and 8 o'clock in the evening, I was walking down little King-street—the prisoner was minding a barrow with some fish in it—he said to me, "Halloo, Tom"—I said, "Halloo, Dick"—he said, "How much did you give for them boots?"—I said, "Three pence"—he said, "Stapleton owes me a shilling; I shall ask him to let me have it, and buy a pair "—I said, "He don't owe you no shilling;" he said, "You lie, you b—"—I said again that he did not; and then he picked up the knife off the fish board, that lay across the barrow, and threw it at me; it was a sort of a round throw—it hit me in the back, and stuck in it—I was walking round the barrow at the time—it made me bleed—I called out, "Oh! I am stabbed; I am stabbed!"—the prisoner came up to me, pulled the knife out, and said, "Don't say nothing, I will give you a shilling"—I fainted away, and was taken to the doctor's, and then to the hospital, where I remained a fortnight.
EDWARD DOWNING , M. D. Figg was brought to me by the policeman—he was very much exhausted from loss of blood—he had a wound on his right side, just about the sacrum—it was a severe wound and dangerous—I stopped the bleeding, and ordered him to be sent to the hospital immediately.
GUILTY. of unlawfully wounding. Aged 17.— Confined Six Weeks.
MR. PLATT conducted the Prosecution.
STEPHEN SCHINO . I am a looking glass maker, living in Brook-street, Holborn. On Monday afternoon, 5th June, I was in Greenwich fair—I had a watch in my left waistcoat pocket—this is it (produced); I felt it safe, and shortly afterwards I found that it was out of my pocket—I saw a hand come and take it out; it was the prisoner's hand—I saw him—it was attached to a guard, which was round my neck; he got that also, but I held it, and he did not get it away—I called "Police!"—a policeman came and took us both to the station.
Cross-examined by MR. BALLANTINE. Q. Did you see the watch in his hand? A. Yes; he did not hold it as if he was looking to see what time it was.
THOMAS CROFT . I am a plasterer in Marlborough-street, Greenwich. I was in the fair on the afternoon of 5th June, standing close to the prosecutor—I saw the watch in the prisoner's hand—the guard was hanging down—he had not time to separate the watch from it.
(The prisoner received a good character.)
GUILTY .— One Month's Solitary Confinement.
Before Russell Gurney, Esq.
MR. RYLAND conducted the Prosecution.
HATTEL FARMBROUGH . I am a baker, and live at No. 86, London-road, in the parish of St. George the Martyr, Southwark. On the night of 27th April, I made the house secure about eleven o'clock—I was the last person up—I secured the kitchen window by a button—no one could get in there without breaking the glass—there was no glass broken then—I was alarmed about half past 2 o'clock—I got up and examined the premises—I found the kitchen window had been broken; a square of glass had been broken close to the button, and the window was open—I went to the parlour, and found the bureau was broken; I missed from there about 14s. worth of 4d. pieces, and 6s. worth of copper, half a dozen spoons, a salt spoon, and a pair of silver shirt studs—they had all been safe the night before—I found on my premises a strong screw-driver, close by the bureau in the parlour, and under the table a piece of yellow taper, which had not been there the night before.
JOHN GIBBONS . I am in the service of the prosecutor; I do not generally live there. On the night of 27th April, I went there at 11 o'clock at night, and stopped there all night—at half past 2 o'clock I heard somebody walking in the parlour, which is over the bakehouse where I was—I went up stairs, and saw a man walk from the parlour door round to the till—he pulled at it two or three times—he had a lighted candle in his hand, and I saw his face well—it was the prisoner—I was going to him, and I stumbled on the top of the stairs—I made some noise with that, and the prisoner saw me, and he went from behind the counter to the parlour door—I got up, and was going to take hold of him—he banged the door in my face and went to the kitchen—I went to the kitchen door, and saw him jump through the kitchen window, which would take him into London-street, which turns out of the London-road—the house is the corner house—I made an alarm—I opened the side door, and called "Stop thief!"—in about an hour I saw the policeman with the prisoner—I knew him again directly.
Cross-examined by MR. LAWRENCE. Q. Did you see the prisoner before you stumbled. A. Yes; and I had seen him in the street several times before.
COURT. Q. Did you follow him? A. I ran about a dozen yards after him—he turned into Morton-street.
JOHN IRWIN (police sergeant, L 54). I know the prisoner by sight—on the morning of 28th April I was on duty—I saw the prisoner and another cross the London-road towards Mr. Farmbrough's house—I did not see them again for about fifteen minutes, when I saw them both in custody of two officers in the London-road—the officers asked me if I had heard a cry of "Stop thief!"—I said, no, I had not—they said they had, and they had stopped the two men—they stayed a few minutes, but no one came, and they searched them, and let them go.
THOMAS TATE (policeman, M 267). On that morning I was in the Southwark Bridge-road—I heard a cry either of "Police!" or "Stop thief!"—I went to the corner of York-street, and saw the prisoner and another
turn out of Morton-street—they were running in a direction from Mr. Farmbrough's house—I stopped the prisoner, and took him to the London-road—I could hear of nothing, and I searched him and let him go—I afterwards received information, and went to a coffee house in London-road, about half past 3 o'clock; I found the prisoner there—I took him—I told him it was on a charge of breaking into a baker's shop at the corner of London-street—he said he did not know anything about it; it was not him.
JURY to JOHN GIBBONS. Q. Were you asleep? A. No; I was sitting smoking a pipe—the prisoner had a candle, in his hand—I am sure he is the man—I saw him for half a minute before I ran up the stairs—I saw him in the shop before he was in the parlour, and I had seen him before—I am quite certain he is the man.
GUILTY . Aged 22.— Confined Nine Months.
PLEADED GUILTY . Aged 30.— Confined Six Months.
GILSON PLEADED GUILTY . Aged 36.— Confined Nine Months.
ALDRIDGE PLEADED GUILTY . Aged 42.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
GEORGE JOHNSON . I am the son of Aaron Johnson, a tobacconist, at Rotherhithe. On the evening of 22nd May, the prisoner came for half an ounce of tobacco—I served her; she put down a shilling—I told her it was bad, and asked her if she had any more about her—she said she had no more bad, and she gave me a good shilling, and I gave her change—I kept the bad shilling—she left the shop, and I followed her through the Thames-tunnel into the Minories—she went into a grocer's shop—I waited till she came out, and as she came out I went in—I made a communication to the person in the shop; he opened his till, took out this shilling, and threw it on the counter—I looked at it—it was bad—I took possession of it, and ran after the prisoner—I said to hear, "I thought you told me you had no more bad money about you, but you have passed a bad shilling in the grocer's shop"—she said, "Pray, Sir, don't give me in charge"—I called an officer, and gave her into custody with the two bad shillings—before the prisoner went into the grocer's shop I saw her speak to a man, and as soon as that man saw me go towards the shop, he ran away.
Cross-examined by MR. W. J. PAYNE. Q. Which way did you come? A. Through the Thames-tunnel—I was about half an hour coming—I was about 200 yards behind the prisoner—she walked rather sharp, and kept looking behind to see if any one was following her—I am not in the habit of following persons, but we have so many pass bad money—we have had two since then—I think the prisoner said she lived at No. 10, Leman-street, or Leman-lane.
half an ounce of tea; they came to 3d.—she gave me a shilling—I laid it on the counter—I was talking to a lady, and when she went, I put the shilling into the till, but I accidentally put this shilling amongst the copper where there was no other shilling—as soon as the prisoner had left, Mr. Johnson came in, and told me something—I opened the till, and found this shilling amongst the coppers—I gave it to Mr. Johnson, and he ran after the prisoner.
Cross-examined. Q. Is your till in the counter? A. Yes; there is no opening in the counter; we open the till—I am certain there is no hole in the counter through which we drop money—I never said there was—I said there was a partition in the till, but no hole in the counter—the till is a drawer, and at the top of it there is a square place cut out—the drawer has a division for silver and copper—we put the money in by throwing it in the front of the drawer which is cut away—when I put this shilling in, I did not open the drawer but chucked the shilling in—I could not swear where I put it—I had opened the till to give her change, but I threw in the shilling when I opened it: I know I had three good shillings in the till before, and when I opened it again, I found this one shilling in the coppers—I only said the prisoner was the woman—I was quite alone, I could not leave the shop.
MR. BODKIN. Q. Is the first division where you put the coppers? A. Yes; and that we do by an opening, without opening the till—just before this I had had a customer who paid me 1 1/2 d.—I had not noticed any shilling amongst the copper before the prisoner came—when Mr. Johnson came, I opened the till, and the shilling was lying on the top of the copper—there was about 9d. in coppers in the till.
COURT. Q. You have the copper and silver in the same drawer? A. Yes; there is a division between them which comes nearly flush with the top—if anything was put in, it could have gone in the division where the silver is—I had had the till open about twenty minutes before—I had not received any shilling since the time that I had seen there was no shilling amongst the copper.
(The prisoner received a good character.)
NOT GUILTY .
MR. POLAND conducted the Prosecution.
MARIA ALDERSON . My husband manages the St. George's Tavern, Coleman-street, Camberwell—I was there on May 22nd—the prisoner came—I served him—he gave me a sixpence, I gave him id. change, and kept the sixpence in my hand till I showed it to my husband—the prisoner had then left—it was found to be bad—I did not lose sight of it—it was afterwards given to the officer—on Friday, June 2nd, I was there, and the prisoner came—I served him with half a quartern of gin—he gave me a shilling, I gave him in change a sixpence and four penny pieces—he left, and the potman followed him—shortly afterwards he was brought back in custody—I gave the shilling I received from the prisoner on that occasion to the officer Meeking—I marked it.
COURT. Q. Did you recognise the prisoner when he came the second time? A. Yes; I knew him quite well; I had seen him before.
GEORGE HOARE . I am potman, at the St. George's Tavern—on Monday, May 22nd, I saw the prisoner at that house—I followed him when he left, but I lost sight of him after following him some distance—on June 2nd I saw him again—from what my mistress told me, I went out and saw the prisoner in George-street—I gave him in custody to P 107—he wrenched himself from the constable, and ran towards the canal bridge, and I saw him take something from his jacket pocket—I caught him, and took him back, and then to the station—on the way to the station, I saw him pull his hand from his trowsers pocket and drop something that sounded like money—I saw a boy pick up a shilling where the prisoner seemed to drop something—he gave it to the constable.
HENRY MEEKING (policeman, P 107). The prisoner was given into my custody on June 2nd, in George-street, Albany-road—when I took him he cut away, and I pursued him—he was stopped by the last witness—when I was taking him to the station I heard the sound of money fall—my brother constable called "Stop!"—there were several boys round, and one of them picked up this shilling—it is the shilling I received from Mrs. Alderson.
ROBERT CASTLE (policeman, P 339). On June 2nd, I saw the prisoner in custody of Meeking, in George-street, Albany-road—I saw him drop something from his pocket which sounded to me like money, I went to the place, and a boy picked up a shilling—I requested the officer to stop, and the shilling was given him.
GUILTY . Aged 40.— Confined Twelve Months.
MESSRS. W. J. PAYNE and POLAND conducted the Prosecution.
MARIAN WALKER . I serve at the Rising Sun, in Blackfriars-road. On 11th May the prisoners came together, between 8 and 9 o'clock in the evening—Gay ham asked for a pint of porter, and gave me a shilling; I found it was bad, I bent it, and gave it her back—she borrowed a shilling of another woman who came in with them, and paid me that—the two females and the man drank the beer, and they went away.
ANN JANE SHARP . My father keeps an eating house in Blackfriars-road. On the evening of 11th May the prisoner Gayham and another woman came in—Gayham called for a pint of porter—Williams then came in and ordered some meat and bread—lie was nearer to Gayham than he was to the other woman—the two women drank the porter, and Gayham paid me 2d.—the two women then went out, and after they were gone Williams gave me a shilling; I gave him 5d. change—lie then took a pot of beer out to the women; he came in again, and brought the pot back—I put the shilling which he gave me on the shelf, where there was not any other money—shortly afterwards Weston, the constable, came in; I showed him the shilling—my mother marked it, and he took it.
Gayham. You said you gave the shilling to your mother. Witness. No, I said I put it on the shelf.
MARGARET SHARP . I keep this eating house in Blackfriars-road. I showed the shilling to the officer, he went out, returned, and brought the prisoner with him—I gave the officer the shilling after I marked it with a knife.
GEORGE BOWLES . I live at No. 256, Blackfriars-road; I keep an oyster stall. On the evening of 11th May the prisoners came to my stall and had 1d.—worth of oysters—while Gayham was taking her's I heard something fall—I said, "He has dropped a bottle"—a boy picked up a piece of glass, and I found it was a lid of a show glass of mine—I said I could not afford to lose it, and I would not open any more oysters; they must pay me, and Gayham gave me a shilling—there was a young man watching, and he came to me as soon as the shilling was put into my hand, and he said, "Hold it!"—I did so, and a constable came in a few minutes—I marked the shilling and gave it to him.
WILLAIM WESTON (policeman, L 65). On the night of 11th May my attention was called to the prisoners in Blackfriars-road—I watched them—they were together, and in company with another female—they went to a public house or hotel—they left that and went to Bowles' stall—I saw them eating oysters—Bowles gave me this bad shilling—I took them into custody, and took them to Mrs. Sharp's, and received this shilling from Mrs. Sharp—I produce a third shilling, which I got from the searcher at the station.
Gayham. You gave the shilling to the searcher, and told her to say that she found it on me. Witness. No, I did not; I found 2s. 8d. in good money in your hand.
COURT to WILLIAM WESTON. Q. You said you had the shilling given you? A. It was given to the inspector, and he gave it me.
Williams's Defence. I had been in company with several persons; I am not able to say who I received them of.
WILLIAMS— GUILTY . Aged 27.
GAYHAM— GUILTY . Aged 27.
Confined Twelve Months.
MESSRS. W. J. PAYNE and POLAND conducted the Prosecution.
SAQMUEL JARMAN . I am clerk to the solicitor of the Treasury. I produce a certificate of the conviction of Elizabeth Barrett, from Mr. Clark's office—(read: "Central Criminal Court, February, 1853. Elizabeth Barrett and Sophia, Smith, convicted of uttering counterfeit coin.—Confined Six Month")
ELIZABETH SEAWARD . I am the wife of John Seaward; he keeps a beer shop in Cross-street, Walworth. On 30th May the prisoner came in the evening, for a glass of stout—she gave me a bad shilling—I tried it with a magnet, and found it was an iron one—I told her, and she gave me a good florin; I gave her change, and she left; I sent a person after her—when I told her the shilling was bad, she said she knew where she got it—I said, "I dare say you do"—I gave it her back.
tender ft shilling for a glass of stout—Mr. Seaward tried the shilling with a loadstone—it was given back to the prisoner, and she save a good florin—Mrs. Seaward gave her 1s. 6d. and 4 1/2 d. in coppers—the prisoner left, and Mr. Seaward asked me to follow her—she went to Mr. Brown's shop on the, opposite side, about fifty yards off—I went in and cautioned the shopman.
JOHN BROWN . My father keeps a cheesemonger's shop at No. 6, Staverton-row. I was in the shop on 30th May—the prisoner came in and purchased two rashers of bacon, which came to 2 1/2 d.—she gave me an iron shilling—I told her it was bad—I threw it down—she gave me a good shilling, and I gave her change—I received information from the last witness that she had been offering a bad shilling at another shop—my father came in and gave her into custody—my father took the bad shilling from her hand and gave it to the constable—this is it.
GEORGE DEAN (policeman, P 164). The prisoner was given into my custody at Mr. Brown's shop—I received this shilling from Mr. Brown—the prisoner said she was not aware the shilling was bad, but she knew where she took it from—I took her to the station—she gave the name of Jessie Rivers, but refused her address.
GUILTY . Aged 24.— Confined Twelve Months.
MESSRS. W. J. PAYNE and POLAND conducted the Prosecution.
WILLAIM HAMMOND (policeman, P 74). On 16th May I was on duty at Norwood—about a quarter past 2 o'clock in the afternoon I saw the prisoner going by the side of the road—I was in uniform, and was twenty or thirty yards from him—I saw him drop from his hand a purse—I went to him and asked him what he threw in the ditch—he said he had not dropped anything—I told him I saw him drop something, and told him to come back—he refused at first—I took hold of him and brought him book to the spot—at that time sergeant Marsh came up, and he saw the puree lie where I saw the prisoner drop it—sergeant Marsh picked it up and opened it—it contained three counterfeit shillings and four counterfeit sixpences—I asked the prisoner how he became possessed of it—he denied knowing anything about it—he afterwards admitted that he found it; that he picked it up at some little distance down the road—he said he lodged in Gray's-inn-road, but he could not tell any persons, names, or any court or row—this is the puree and money.
RICHARD PAYNE . I serve at the Queen Victoria, at Battersea. On 7th April the prisoner came, about 4 o'clock in the afternoon—I served him with half a pint of porter and a screw of tobacco—he laid down a shilling—I looked at it, and told him it was bad—I bent it double, and gave it him back—my father asked him to let him look at it, which he did, and my lather said he should keep it—the prisoner was given into custody.
ROWLAND TAYLOR (policeman, F 175). I received the prisoner in custody on 7th April, and took him before a Magistrate—I received this shilling from the last witness's father; it is a bad one, it is bent quite double.
Prisoner. I was going along, and picked them up; I found they were bad, and threw them away; I never put them in my pocket.
NOT GUILTY .
JOHN WILLIAM PARSONS . I am a timber merchant, at Albany-road, Camberwell. I knew the prisoner by sight, as clerk to his father, for seven years—he called on me on 29th April, about a quarter past 6 o'clock—I was just going to pay the men—he said, "How do you do? we have a sale coming off next Tuesday, I think something will suit you"—I looked at the bill and said, "Here is nothing to suit me; have you a catalogue?"—he said, "I will send you one"—he then said, "Can you do me the favour to give me change for this cheque for 15l. 10s., as it is too late to get it in the City"—I asked whose it was—he said, "My father's"—I gave him the change, and put my name on the cheque—this is it.
JACOB REED ROGERS . The prisoner is my son. This cheque is not my writing—I did not give my son any authority to sign it—he had been in my employ, but he was not at that time—I had not seen this cheque before the officer produced it to me.
JAMES STRADLING (policeman, R 174). I took the prisoner into custody for uttering a false cheque—he said I must have made a mistake, it was quite false—(Cheque read: "Messrs. Glynn and Co., pay John Rogers, or bearer, 15l. 10s. J. R. Rogers. 17th April, 1854.")
GUILTY . Aged 38.— Confined Twelve Months.
JONES PLEADED GUILTY . Aged 24.— Confined Twelve Months.
BENJAMIN PAPWORTH CLAY . I am a greengrocer, and live at No. 157, Union-street, in the Borough I was disturbed on the morning of 8th June, some one tapped at my window—I went down stairs, and found the window open which leads into the passage of the public house adjoining—when I went to bed, that window was closed, and a bundle was placed to keep it fast to—I missed the bundle and a tea chest, which was standing on a table close by the window—the bundle contained shirts, stockings, and drawers, and other things—I went into the public house, found the prisoners in custody, and saw my property, which I have described—there are shutters to that window, and they were closed the night previous—they did not fasten; it is a sash window, which opens upwards.
CHARLES GRIFFITHS . I am waiter at the public house next door to Mr. Clay's—I was in the bar last "Wednesday night—there had been a concert at our house—I saw the prisoners there—they came up about half past 10, or a quarter before 11 o'clock—the room was closed about half past 11 o'clock, and the company came down and had refreshment at the bar—I thought the prisoners were gone home, but they came from backwards, with a bundle and a tea chest—they must have come through the passage into which the prosecutor's window comes—Jones had both the bundle and the tea chest—I knew very well that they had not had the bundle or the tea chest in their possession before, and I went round and told Jones to drop the bundle, which he did—I took him round to the tap room, and took the tea chest from him—Henderson went away—the landlady said we had better go after him—he was pursued, and brought back.
Henderson. I did not know this man before, I never saw him. Do you mean to say we came to the concert together? Witness. You came up stairs together.
Henderson. came to the house about half-past 10 o'clock; I came down with the rest, and had some refreshment; this man came in, and the waiter stopped him.
HENDERSON— NOT GUILTY .
Before Mr. Recorder.
PLEADED GUILTY . Aged 18.— Confined Four Months.
MR. ROBINSON conducted the Prosecution.
SUSAN LUCINDA INSEAL . I am single, and reside with my father, George Inseal, who keeps the Red Cow public house, at Peckham. On Tuesday, 9th May, the prisoners came, a little before half past 1 o'clock, they called for two glasses of gin and bitters which I served them with—there are two entrances to our house; it is situated at a corner—one door is in High-street, Peckham, and the other in Red Cow-lane—either of those doors lead to the bar—the bar is an angle—at the corner of the bar there is an entire separation—there is a partition, so that anybody coming in at one door would not be able to get to the persons who came in at the other door—one door would come to the front of the bar, the other to the side of the bar—the partition would prevent one coming in at one door getting to a person coming in at the other—the partition is rather high, no one could look over it, but they might lean over the counter and shake hands—when the prisoners came in, no one else came in, but there was a person in about two or three minutes before, a middling sized man, with fair complexion and light whiskers—he held his head down—I could not see what age he was—he asked for a pint of porter and the newspaper—I gave him the porter and newspaper—when I had served the prisoners, Tookey walked up and took the newspaper from the other party—that was while I was drawing the bitten—I did not hear Tookey ask for the paper, I did not notice him taking it, but he had it when I turned round—Tookey then asked me if I would oblige him with a sovereign for two half sovereigns; I went in the bar parlour, took a sovereign from a purse that was inside the cash box, and gave it him—the bar parlour is just at the back of the bar, facing the door—the cash box stood on a chair just inside the bar parlour—the prisoners were in such a position that they could see all over the bar parlour—the fair man could see the bar parlour through the window—they could all three see the cash box—Tookey then said to White, "Will you have anything else"—White said he would have a glass of cider, for he had tasted our cider before—we keep our cider in a stone lobby at the end of the passage—Tookey said he would have a glass of bitter ale, which we keep in the same lobby as the cider—I took the keys and two glasses, and went out of the bar to call my father—I went towards the lobby, which is a continuation of the place where Tookey and White were standing—I went out of the bar down the lobby—my father was in the kitchen, which is on the right when you get to the end of the lobby; White followed me, and
Tookey remained at the bar; White stood right in the centre of the passage—he stood at the doorway leading from the bar to the lobby (we have always kept the cider and bitter ale in that lobby; when any customers have come for them we have always gone there)—I called my father to draw the cider—he asked me to hold one of the glasses, which I did; and I then called the servant, Mary, to come and hold the other glass, for I must go to the bar—when my father drew the first glass of cider, he took it, and I went back to the bar—as I was coming back, Tookey rushed past me—the first person I saw was White, he stood in the doorway, I pushed past him—he was not doing anything, he was standing there, the door was hardly wide enough—he stood right in the middle, I pushed him to get by to the bar—as I came along the lobby I was met by Tookey, he rushed from the bar towards me; he went to the lobby and drank his ale—he did not stop me, I went back to the bar—I stood in the bar about a minute, when my father came in with the money which they had paid him for the ale and cider—the prisoners had not come from the lobby—they then rushed out of the house—that raised my suspicion—they had not got out, when my father called out, "Another halfpenny?" and one of them threw down a halfpenny on the bar, and it fell on the ground; they then went rapidly out of the house—I then went in the bar parlour, and saw the lid of the cash box lying down on the chair which the cash box had stood on—the cash box was then gone—I do not know the amount that was in it—I bad seen two or three notes in it, the rest was in gold and silver—I called out to my father, "The cash box is gone"—he had scarcely got out of the bar from bringing me the money—he was going back to the kitchen—he went out of the door and called out to stop the two prisoners—they were the only persons who were in the house—when I got back to the bar the fair man was gone—I had left him on the other side of the partition at the bar—the prisoners were pursued and brought back—I examined the top of the counter, there was one scratch of their boots as they had jumped over.
Cross-examined by MR. RIBTON. Q. Had you ever seen this fair man before? A. Not to my recollection—I call him a fair man—he had a very fair complexion, and light whiskers, rather bushy—he was dressed in black, and had a large over coat on his arm; he had a black hatband—he was there more than five minutes before the prisoners came in—he was reading a newspaper—he came in at the side entrance; the jug and bottle entrance—the prisoners came in at the front entrance—you cannot see over the partition—in the bar parlour, where the cash box was, there is a glass window—the window was filled with glasses—there was a plain net curtain at the window; the curtain is such as you can see through—only I dine in the bar parlour—one end of the window comes about the same distance as the partition—there is not a door leading into the bar parlour, there is merely an open space; no glass in that—that opening is opposite to where the prisoners were standing—it is a very small bar parlour—there are three chairs in it, and a small table—the cash box was standing on a chair, just inside the bar parlour; the chair was facing the doorway, on the right as you went in; about half way up the bar parlour—the three chairs do not stand on that side—I am sure I went to the cash box to get the sovereign; it was in a purse in the cash box—there is no place in the bar where we keep loose gold; we keep money in the till; but when we have a sum in it, it is taken out and put into the desk—the cash box usually stood in the desk, but that morning it was taken out to alter the desk—the desk was taken out, but the cash box was there—we do not keep loose gold and silver in the bar
parlour—we go every time to the cash box—the key of it was in the desk; it was not locked—the weight of silver and gold in the cash box had forced the lid off—it had been off some length of time; I cannot say how long—the desk was not there that day—it was a common size cash box—I have not the lid here—when I went to call my father I stayed there about a minute—I was about a minute absent from the bar—my father has not been finding fault with me about this matter—he said it was wrong of me to leave the bar—I went before the Magistrate on the same afternoon, and again the next time—my father went with me—my father did not see the fair man—there was no one in the bar but myself—my father had been in the bar half an hour before—there were not any working men about that day—our regular customers had been in—not a great many—I do not know whether there were any that I had not seen before; I did not take particular notice—I took notice of the fair man, because he was a remarkable man—he had a large coat on his arm, and he had been in previously—he came in about half past 11 o'clock, and had two glasses of porter, and I saw no more of him till about five minutes before the prisoners came in—the first time the fair man came in, he held his head down—he did not ask for the paper then—it was because he held his head down that I noticed him.
MR. ROBINSON. Q. In looking along the lobby, and coming along it, you would not see the fair man till you came to the bar? A. No; you could see Tookey, and where he was standing he could see the fair man—Tookey remained at the bar till within a second of my coming back—I noticed the fair man, he had a large over coat for one thing; and I noticed his holding his head down; he came and called for a glass of porter, and he held his head down; I thought he was waiting for some one—he then called for another, and went away—Tookey, I, believe, had a coat—we kept no loose money in the bar parlour—we were always obliged to go to the cash box.
COURT. Q. You say the chair on which the cash box stood, was half way up the bar parlour? A. Yes; it is very small—there is but a very small window towards the Albert-road, and the other window to the bar.
GEORGE INSEAL . I keep the Red Cow, at Peckham, in the parish of Camberwell. On 9th May I remember my daughter coming to the lobby at the end of the passage—I was in the kitchen—my daughter called me to draw a glass of ale and a glass of cider—I had seen the prisoners in the house before, three or four or five times—they just came in for a mere simple thing, a pint of porter between the two, or a glass of gin—I might, have seen them three or four days before 9th May—White followed my daughter—he stood in the doorway—he blocked the door up—he stood some time, and would not decide whether he would have ale or cider—I asked which he would have, and he did not give me a direct answer—he seemed to hesitate; at last he decided that he would have cider—my daughter held the empty glass—I drew the cider, and gave it to White—my daughter went to the door, and I looked and saw Tookey leaning over the bar towards where the cashbox was—my daughter went along the passage towards the bar—White drank what I gave him—I drew the glass of ale, and I heard a noise—I looked, and saw Tookey coming very fast for his glass of ale—he got it, and drank it very quickly—I asked for the money, and White gave me 3d.; that was a little way in the passage—as soon as they gave me the 3d. they were in the act of going out—I said, "Another halfpenny?"—as soon as I had said that they chucked the halfpenny down, and went out as fast as they could—my daughter immediately called out that the cash box was gone—I cannot say how much there was in it that morning, whether it
was under or over 80l. in silver, gold, and notes; they were 5l. notes; a gold pencil case and my license, and every paper that I had got, and some shares, and my brewer's book—the value of the shares, I should say, was about 50l.—I have never seen any of them since—I went out, and saw the prisoners at the corner of Meeting-house-lane—they went round the corner very fast; that is about forty or fifty yards from my house—I followed them—I turned the corner, and called out that I had lost my cash box, and there were two men just gone down the lane, and to stop them—another witness took them—I was not present—they said, "Do you think we are the thieves? We have not got it"—they said they were innocent; that if there had been a robbery they had not got it, they had got nothing.
Cross-examined by MR. PAYNE. Q. What is the length of the passage from the lobby to the bar parlour? A. About twelve or thirteen feet—the place where I was drawing the ale and cider was at the end of it, in a straight line with the passage—when you get past the bar parlour, on the left, there is a little room and a parlour on the right side—the passage is between four and five feet wide—there is a way to the cellar at the end of the passage—the lobby is a little place I built myself, that the servant could go in and out of the kitchen without going out if it rained—I was drawing the cider and ale—my daughter remained with me a very short time—I looked along the passage—I did not say to my daughter, "Go back, there is a man leaning over the counter."
Cross-examined by MR. RIBTON. Q. I suppose you had been scolding your daughter? A. No, I did not—I do not know that I said it was very wrong for her to leave the bar—I may have said so—I saw the cash box that morning about an hour previous to the time I lost it; it was on a chair in the little bar parlour, where it was taken from—I did not count the money then—we have no place where we keep loose money—we do not go to the cash box whenever we want money, we have money in the till—I will swear the box was there, and the money was there an hour before—I took the box from a secret place an hour before, and put it down there—I was making an alteration, and repairing a desk to put this cash box in, taking out my old desk and putting another desk there—I took the cash box from the old desk—I looked in it then, the lid was on; it was not locked—it would not lock properly, because the lock was affected in some way, and therefore it would not lock—the lid was down on the cash box—when I removed the box I lifted the lid, and looked in; I saw the money was all right—I put the lid down, and put the cash box on a chair—I put a cloth and some shoes over it—it would never have been found out if they had not gone to the box for the two half sovereigns—there were notes in the cashbox; they were rolled in several purses, the gold and notes together—there was 9l. odd in one, belonging to the poor working classes—the lid of the box was left behind; it is not here—the hinges were broken off some time before.
MARGARET WELSH . I am the wife of John Welsh, a draper, of High-street, Peckham. On 9th May I saw the prisoners walking towards my house—I live seventy or eighty yards from the Red Cow—they passed my house to get to the Red Cow—there was another with them, rather a young man, rather a fair complexion, and sandy whiskers—this was a little over twenty minutes past 1 o'clock—they passed me at the door of my house—in about five minutes I saw the two prisoners standing in front of my window; the other man was not with them—I looked at them for two or three minutes—they were not looking in at my window, but were in front of it, talking, and looking towards the Red Cow—I do not know in what they went.
Cross-examined by MR. RIBTON. Q. They were looking towards, a great many other houses besides the Red Cow? A. They might hare been.
ROBERT OWEN . I am a coachman—I was in Air. Inseal's yard on the day this cashbox was stolen—I could see both the prisoners—I saw White at the end of the passage with a glass, drinking, and Tookey was higher up in the passage—I next saw them turn round sharp in the passage, and hurry out of the house—I heard Mr. Inseal call, and I ran out and heard that these men had gone down Meeting-house Lane—I ran, another man ran with me—we got in front of them—the other man asked them if they had come from the Red Cow—they said, "Yes"—he said, "You must come back"—Tookey said, "What is the matter; has anything been lost? Has there been a robbery?"—at that time nothing had been said by me or by the other person about a robbery—we had just got up and stood in front of them.
Cross-examined by MR. PAYNE. Q. You saw several persons in the passage; who were they? A. I saw the two prisoners and the landlord; I did not see any one else—I do not remember seeing the maid, Mary—I did not see Miss Inseal—I saw the two prisoners; one was drinking ale—I was in the yard—there was another man with me.
RICHARD HOWELL . I am toll collector, at Meeting-house Lane bar—on May 9th, I was on duty—I recollect seeing the prisoners between 11 and 12 o'clock—they rode up in a chaise cart with two more persons—one who was driving was rather a young person, with light complexion and rather light coloured whiskers—I went out, and they asked what I wanted; I said, "The toll"—they were all in a jocular sort of way—one asked what was to pay—I said, 3 1/2 d. toll; that was paid, and one of them said, "Old fellow, you must stand something out of that"—I said I bad an empty cup, if they liked to fill it; and one of them, I do not know which, said, "Where is the Bed Cow?"—I pointed with, my finger, and said, "Over there "—I could see it from my place—they took that direction, and I did not see any more of them till they were apprehended.
COURT. Q. How far is your gate from the Bed Cow? A. Between 40 and 50 yards.
Cross-examined by MR. RIBTON. Q. Is this in sight of the Bed Cow? A. Yes—I have always said it was between 11 and 12 o'clock—I did not go to the police court for a fortnight afterwards—I walked there—the officer at the station told me to go—as I was on duty, he called on me to say what I knew about the prisoners—I had seen the prisoners when they came back, after they were apprehended—I said, "They are two of the men that came through my bar"—I should not have gone as a witness if the constable had not come for me.
MR. ROBINSON. Q. Have you the least doubt it was these two men? A. I know it was them—I saw them come back between 1 and 2 o'clock.
RICHARD WERRETT (policeman, P 84). On May 9th, I was on duty in Peckham—I saw the prisoners followed by Mr. Inseal—I came up to them when they were stopped, and took them in custody—White put 6s. 10d. on the desk, and a ring which he took off his finger—I searched Tookey, and found on him a sovereign and 9s. 6d.—they gave the sergeant the address.
Cross-examined by MR. PAYNE. Q. I believe you told them they were charged with stealing a cashbox, and they said they would go back? A. Yes.
JOHN BOND (police-sergeant, P 2). I was at the station when the prisoners were brought—Tookey gave his address, Na 40, Park-street, liver-pool—I communicated by letter with Liverpool—White gave his address. No. 22, High-street, Deptford—I made inquiries at that place; no such
party lived there, or was known in the neighbourhood—I made other inquiries, and they were not known.
Cross-examined by MR. RIBTON. Q. Are you correct in the number? A. Yes; there are three No. 22's, and I inquired at them all.
ALFRED FLETCHER . I live at No. 17, Meeting-house Lane, and am a carter. I saw the prisoner, on 9th May, about dinner time—there was a third person with them, who was rather taller than them—he was fair—they were going up to Mr. Inseal's front door, opposite High-street—the last moment I saw them they were at the door, in the act of going in—whether they went in or not I cannot say—I was going up the road—if I had turned my head back I must have seen whether they went in or not.
Cross-examined by MR. RIBTON. Q. Had you ever seen the men before? A. No—when they were on the path I was alongside of them.
COURT to SUSAN LUCINDA INSEAL. Q. When the prisoners were in front of the bar, were there any other persons in that place? A. Not any.
WHITE— GUILTY .*
TOOKEY— GUILTY .* Transported for Fourteen Years.
White was further charged with having been before convicted.
JOHN MASTERS . I live in Paul-street, Finsbury. I was a sergeant in the G division of police—I was present in Aug. 1852, when the prisoner White was convicted by the name of Charles Bailey—I produce the certificate (Read—"Clerkenwell, Aug., 1852, Charles Bailey, convicted of stealing a cash box, a banker's cheque, and some cash; Confined six months"—White is the man—I was a witness against him.
GUILTY.— Transported for Fourteen Years.
MR. ROBINSON conducted the Prosecution.
ANN KEELER . I am the wife of Edward George Keeler; he keeps the King's Head, at Ebury-bridge, Pimlico, in the parish of St. George, Hanover-square. On 3rd Jan. I was in my bar; the prisoner came in about half past 3 or a quarter to 4 o'clock—there were three others who came in, and were at the bar—the prisoner went into the parlour, and as he passed he asked for a glass of brandy and water—I took it to him, leaving my sister in the bar parlour—I had a cash box in a drawer in the bar, with from 77l. to 78l. in it—I came back from giving the prisoner the brandy and water, and my sister was there in the bar parlour, and the three men were there at the time—the prisoner then came to the door of the parlour where he sat, and asked for a cigar, which I carried him—I had to leave the bar, and when I left it my sister followed me out, and went to some part of the house—when I left the bar the other three men were there—the prisoner paid me with three penny pieces—when I came back, the three men were still there—the cash box was perhaps two yards and a half from the door—one step and a reach would have reached the small drawer where the cash box was—when I was serving, the drawer was behind me—it was at the back of the bar—when I went with the cigar, one of the three men was standing close to the entrance by which I came out of the bar, and by which I should go in—the beer engine forms the post to the door, and one man stood against the engine—the three men went away in a very short time after I returned—the prisoner went out first, and the other three followed him out, singly—when the prisoner came out of the parlour I noticed him particularly, because he kept his eyes fixed on me all the way he went—that was
about two minutes or two minutes and a half after I got back to the bar—I had seen the cashbox and the money in it, about half an hour before the three men came in—I had remained in the bar during the whole of that time, and I can say that no one touched it till I went with the brandy and water—I missed the cashbox in about an hour and a half after the men went away—I had remained in the bar the whole time, and I can undertake to say nobody could have taken it without my being aware of it—there were two or three persons came in, who went in the bagatelle room—they came in for the balls, which were kept in a drawer over the one where the cashbox was—I did not see them take the cashbox.
NOT GUILTY .
PLEADED GUILTY . Aged 30.— Confined Six Months.
Before Russell Gurney, Esq.
MR. RIBTON conducted the Prosecution.
JOHN HARRISS . I am a chimney sweeper, of Streatham, in Surrey. In July, 1852, I had a roan gelding pony; I saw it safe between 10 and 11 o'clock at night, and missed it about a quarter to 4 next morning, when I went to the stable to put it to work, and the harness also—the pony was worth 4l. to me; I was shown it by the policeman on the 15th, and also the harness, which was in another place—I identified them both.
Cross-examined by MR. PARRY. Q. Is the pony alive now? A. I do not know; I got rid of it afterwards—there was no mistake about it being mine, it was known all over Brixton—it was safe on the 6th, and I saw it again on the 15th.
CHARLES COLE . I am a chimney sweeper, of Brixton. On 7th July, 1852, between 4 and 5 o'clock in the morning, I saw the prisoner at the top of Brixton-hill, coming from Streatham towards London with a pony and harness—I took particular notice of him, as I knew it was Mr. Harriss's pony that he was leading, and I am positive he is the man.
Cross-examined. Q. When did you see the prisoner again, supposing that you are right in him? A. At Hammersmith, about three weeks ago—Tapping, the policeman, sent for me to see him; he came to my house—I knew I was coming to see if he was the man—I saw him in the cell, with another man, who I did not take particular notice of—he was called out, and I was asked if he was the man—I could tell him from a hundred, by his features—I had never seen him before 7th July, but I took particular notice of him, seeing him so early in the morning with my friend's pony—it was not Tapping who asked me if he was the man, it was some other constable.
JAMES BOCKING . I am a fruiterer, of No. 25, Cambridge-road, Mile-end. On 8th July, 1852, I was near the Salmon and Ball, Bethnal-green, with a friend, we met the prisoner with a pony and harness, my friend asked him if the pony was for sale—he said, "Yes," and that he had a colt at Hackney-marsh, and had been to order some new harness; that he had quite done with the old pony, and if I did not buy it he was going to have it killed—I bought it for 1l. 7s. 6d.—it was a very old roan gelding pony, and very lame and poor; I sold it next day, or the day following for 1l. 12s. 6d. to Mr. Rickman, who was taken up, and taken to the police court—I went as a witness for him, and he was set at liberty—the pony was in the green-yard, and Mr. Harriss paid the expenses and had it-—I have not the least
doubt that the prisoner is the man; I had a slight doubt at Hammersmith, till I saw him walk out in the yard—I had never seen him before 8th July, and I did not see him again till I saw him at Hammersmith—I went to the police court to see him; the turnkey called him out of the cell, I looked at Him very hard, and I could scarcely recognise him, and should not like to swear to him, but when I saw him walk I recognised him immediately—I could scarcely see him when he first came out of the cell, but when I saw him in the light of the yard I recognised him—I have no doubt he is the man, but he has had his whiskers cut off since he was at Hammersmith.
Cross-examined. Q. You did not recognize him by his whiskers, but by his walk? A. By his countenance and features as well; he has a very peculiar walk; I think I could recognize him by his walk—a constable took me there—I do not know Charles Cole—when the prisoner came out of the cell I walked round him once; I do not know whether it was three times—he stood still—it was while I was looking at him that I said I doubted whether he was the man—the officer was present—I was not asked to pick the prisoner out of a crowd; he was called out of the cell.
MR. RIBTON. Q. Did you ask that he should be taken out into the yard? A. Yes; I said, "Would you allow him to walk out into the light?" and when I saw him in the light I recognized him.
JAMES DUKE . I am a wheelwright, of No. 39, Curtain-road, Shoreditch. About 13th or 14th July, 1852, the prisoner, whom I did not know before, came to my place, with two men, one named King, I think, and the other named Harman—he had a pony, a cart, and a set of harness—he offered to sell them to me—I would not buy them, but I lent him 3l. 10s. on them till the morning, and he went away—I was taken into custody next day for having the cart, on suspicion of stealing it—Harriss claimed the harness at the same time, and I gave it up to him.
Cross-examined. Q. Were you at all in doubt about the prisoner when you first saw him? A. Not the least—it is a long time ago—I saw him get out of the van at Hammersmith, and recognized him, and they afterwards pointed him out to me, not knowing that I had seen him; I had not any doubt at first—there is nothing peculiar about him, but I was as close to him as I am now; I could recognize him among a great many—he had a beard when I bought the cart of him, and also when he got out of the van at Hammersmith.
MR. RIBTON. Q. How long did the interview last between you in 1852? A. About twenty minutes or half an hour; I had a full opportunity of observing him, and am able to say positively that he is the man.
JOHN EDWARDS . I live at No. 7, Prospect-place, Coleman-street I was in Mr. Duke's service in 1852, and while I was there I think I saw the prisoner, with two other men, and a pony, a cart, and some harness—I saw Mr. Duke pay him some money, and they went away, and left the pony, and cart, and harness—I think the prisoner is the man.
THOMAS TAPPING (policeman). In July, 1852, I heard of Mr. Harriss's pony and harness being stolen, and received a description of a certain person, for whom I was on the watch till May this year, when I saw the prisoner at Hammersmith police court, on another charge—I did not apprehend him, because he was in custody, but I charged him with the offence on the following week, and the inquiry took place before the Magistrate.
MR. RIBTON conducted the Prosecution.
MARGARET ISABELLA WEBSTER . I am the wife of Mr. Webster, of Harrow. On 3rd Oct. last there was a silver tobacco box in our drawing room—it was an antique—the intrinsic value of it was about 2l.—it was on a marble shelf, on the side of the fireplace—the room has a French window, about eighteen inches from the ground, which I left open about half past 12 o'clock, and missed the tobacco box about a quarter past 1 o'clock—I have never seen it since.
DAVID BALDWIN . I am a plumber, painter, and glazier, of Harrow on the Hill. I was at work at Mr. Webster's house on 27th and 28th Sept, when I was told to leave off, till Mrs. Webster returned from Scotland; I commenced again on Oct. 3rd—there are two villas with a coach drive between them, and on 3rd Oct. as I was going in at the right, I saw the prisoner Allen walk out at the French window of the drawing room—there was a basket, like a carpenter's basket, on the step—he had a lemon in his hand, and as he passed me he held his finger up—I rang the bell, inquired about him, and had a conversation with the servant—it was a similar basket to this (produced); he carried it in his hand, in this way, and the lemon in the other hand—I do not know what was in the basket—he had a dark sleeve waistcoat on—I know Mr. Nicholls's house; it is at the top of the cricket ground, on the opposite side of the road.
Cross-examined by MR. BALLANTINE. Q. You are not certain about him? A. Yes, I am; I saw him get out of the prisoner's van, at Hammersmith, and am confident he is the man, but I said at the police court that I had a firm belief of him; I said that because I did not know whether I ought to say more.
FREDERICK ALEXANDER PRESTON PIGOA . A. I live next door to Mr. Webster. On Monday, I think it was Oct. 3rd, I saw the prisoner Allen sitting on the window at Mr. Webster's, which is about eighteen inches from the ground—he had his head in at the window—I waited for a little time, thinking that he was talking to some one in the room, and he got up and came towards me a little way—I went inside the gate, and then I stood at the door about a minute, then went towards him towards the window; as I went near him he got up, came to meet me, and offered me a lemon—I said, I did not want it, and told him to go away—he shut the gate after him, and I saw no more of him—I am certain he is the man.
Cross-examined. Q. I think you said that you thought he was the man? A. Yes, at first; I have become more certain since—a gardener who saw him is here.
MR. RIBTON. How was it at first that you were uncertain? A. He was not in a position for me to see him well, but I became better acquainted with his features afterwards—I saw him three times, and I became certain the second time, after I had had a good time to look at him—I have no doubt now that he is the man.
JOHN CANNAM . I am a smith, and live near Harrow, In Oct. last, I heard of a tobacco box of Mr. Webster's being lost—on the same day I saw the prisoner Rainbow, I think, standing opposite Mr. Nicholls's house, about 100 yards from Mr. Webster's—he was feeding the horse—I saw a stout man, whose face I did not see, take a basket from the cart, and go across the road towards Mr. Nicholls's house—it was a similar basket to this one (produced), only dirtier—about half an hour afterwards I saw the men again driving towards Northam, at a pace of fourteen or fifteen miles
an hour—the younger man was the same, and it was the same chaise and horse, but I cannot say about the other man—a horse and chaise were shown to me at the police station about three weeks ago; they were the same.
Cross-examined by MR. PARRY. Q. You used the expression about the younger man, "I think it was he? A. Yes; I am not positive.
WILLIAM ATKINS . I am a carman of Roxliff, near Harrow. On Oct. last, about 1 o'clock in the day, I saw the prisoner Allen; I believe it was at the Half Moon, Roxliff, in a chaise cart—Rainbow was also in the cart—the horse was walking, and in a direction towards Mr. Webster's—after they had passed me, I went there, and then went on the road to Roxliff—a man we call Gypsey was with me; we were in a timber carriage—I saw the horse and chaise coming along very quickly behind me at a pace of sixteen or seventeen miles an hour—I turned round, thinking that the horse had run away, and saw Allen driving; I am sure it was him and Rainbow in the chaise—I very soon lost sight of them—Allen had a sleeve waistcoat on—I afterwards saw the horse and chaise at the Harrow station.
Cross-examined by MR. BALLANTINE. Q. Have you got good sight? A. Yes; sixteen or seventeen miles an hour is at the rate of lightning, but I was able to observe the sleeve waistcoat—I know it was a waistcoat, I saw the shape of it—I do not know that the other witnesses have called it a sleeve waistcoat—I observed Allen's features distinctly, and I have met him since then.
Cross-examined by MR. PARRY. Q. Are you positive about Rainbow? A. I am not.
MR. RIBTON. Q. Had you any reason for remarking the men? A. Yes; I thought they were on the sneak, and I thought it was William Hawkins, a colt breaker.
JOSEPH WELCH . I am gardener to Mr. Webster. On 3rd Oct. I saw Allen enter my master's premises by the gate, when I was going out to dinner—I observed him; he is the man, he had a lemon and a basket like this—I saw no more of him that day, but went to dinner and met the other man with a horse and cart, about sixty yards from my master's—the horse was walking gently along the road towards my master's house—to the best of my recollection Rainbow is the man—I have seen a horse and chaise since, they are the same.
Cross-examined by MR. BALLANTINE. Q. You were not certain about this man at first, were you? A. Yes; I was before the Magistrate—he did not threaten to commit me, or to punish me—he said I had had a little too much to drink—that was not because I did not identify the man—I did identify him the first time I was there, but not the second—the policeman said that I said I would see the Magistrate b—before I said so, but I did not.
MR. RIBTON. Q. You had had a little drop too much? A. No; but the Magistrate thought so—I am still in Mr. Webster's employ, and have been for five years—I have no doubt Allen is the man I met, but I am not so certain about Rainbow—I am certain about the horse and chaise.
GEORGE HARRISS (policeman). I apprehended the prisoners in April, at Barnet; Rainbow was in a gig with a horse in it (the same as has been shown to Welch), and Allen was near the horse and chaise with this basket in his hand, with these chimney ornaments in it—I took them to Barnet police station, and then to Hertford; I drove the chaise with Allen in it, and Rainbow was riding in another vehicle which we hired, with another policeman
—Allen was sitting on my left side, and when we were in a bye lane, about seven miles between Barnet and Hertford, he suddenly pushed me out (we were driving at about seven miles an hour); he then got out, struck me about the head, and told me to give up the vehicle to him—I called to the other constable, and when he got up I had let go, and was holding Allen—I had great difficulty in detaining him, from the horse and chaise—I was laid up for some days afterwards, and was considerably injured; this was on 4th April—I took the prisoners to Hertford, and from there they were taken to Hunsdon, and were brought back to Hertford—they were remanded two or three times—as we returned from Hunsdon to Hertford I was riding with Rainbow; and he said, would not it be better for me to take a little money than to separate him from his wife and family.
NOT GUILTY .
MR. RIBTON conducted the Prosecution.
EMILY PAVEY . I am in the service of Mr. Jones, at Mitcham. On 14th March, about a quarter past 1 o'clock, I missed two coats and a scarf shawl, which I had seen hanging in the hall a quarter of an hour before—they were my master's property—there are gates which open into the enclosure—I went over to Mrs. Busbee, who lives opposite.
SARAH BUSBEE . I am the wife of James Busbee, a labourer; we live opposite Mr. Jones, at Mitcham. On 14th March I saw the prisoner Allen on Mr. Jones's hall steps—he went into the house—I went inside for a minute, and on returning I saw him coming out at the gate with a basket like this (produced)—it seemed as if there was something inside—he had a lemon in the other hand—he went towards a horse and chaise which was standing about twenty-five yards from the gate, and which I have seen since—it is the same—there was a man a good deal like Rainbow in the chaise, but I cannot say that it was he—Allen was going towards the chaise, but he checked himself, turned back again, and went towards Mr. Coleman the butcher's; the chaise went after him, and I lost sight of both of them.
Cross-examined by MR. BALLANTINE. Q. Were there any people about? A. There had been painters, painting the gates—I had never seen Allen before—he had a dark sleeve waistcoat on—I noticed him on the steps two or three minutes, and about ten minutes afterwards the last witness made a communication to me—I did not ask her whether a woman had been there, she asked me that.
FREDERICK WILLIAM BATHURST . I am in the service of Mr. Coleman, of Mitcham. On Tuesday, 14th March, a little before 12 o'clock, I saw the prisoners on the opposite side of the way, going towards the confectioner's shop—Allen was walking with a basket similar to this, and Rainbow was riding in a chaise—I saw Rainbow taken, and am sure he is the man—they went towards the common, and I lost sight of them—I saw them again about half an hour, or more, afterwards—Allen was then walking on the other side of the way, towards Mr. Jones's house, and I lost sight of him—I remarked him because I thought he was a friend of mine, and went out to speak to him, but found that I was mistaken—he had a basket with him, and a lemon—I saw Rainbow the second time, when he came to the corner with the horse and chaise—he stood still some time; Allen came back from the direction in which he had previously gone, put the basket in front of the chaise, took the reins from Rainbow's hands and drove off at a trot, and when he had gone about 100 yards he struck the horse into a gallop—it was
a very nice horse, and was the same that was afterwards shown to me by the police—I am able to say that Rainbow is the man.
Cross-examined by MR. PARRY. Q. Are you a butcher? A. Yes; the chaise was opposite my shop, which is about 100 yards from Mr. Jones's—I am positive that Rainbow is the man.
MR. BALLANTINE to EMILY PAVEY. Q. Was one of the coats a great coat? A. They were both over coats—my master is a felt manufacturer; the family consists of himself, my mistress, six children, and three servants.
MR. RIBTON. Q. "Were these large or small coats? A. Large ones; they were very fine, but not very thin.
(Allen was further charged with having been before convicted.)
THOMAS ROBERT EVEREST . I am a superintending constable of Kent. I produce a certificate—(read: James Lennox, alias Percival , convicted at Maidstone, June, 1852, of stealing a watch, seals, chain, and key, value 15l., in a dwelling house; confined twelve months.)—I was present at the trial—Allen is the man—it was under similar circumstances to this—I have no doubt of him, I know him well—I have seen him in prison, and I knew him before—he got away on the former occasion nearly forty miles—he was tried at Maidstone, and defended by Mr. Ribton.
ALLAN—GUILTY. Aged 54.— Four Years Penal Servitude.
RAINBOW—Aged 28.— Confined Twelve Months.
(MR. RIBTON offered no evidence.)
NOT GUILTY .
800. WILLIAM SMITH , stealing, at Clapham, 1 plane, 1 oil stone, 4 gimlets, and other tools, the goods of William Anthony Stiles; 1 saw, and other goods, of John Collen; and 2 trowels, and 1 pair pincers, value 8s., the goods of James Thomas Fardley; also 1 mortice gauge, and other tools, value 1l. 4s. 9d., the goods of James Wood: to which he
PLEADED GUILTY . Aged 22.— Confined Three Months.
Before Mr. Recorder.
MR. BALLANTINE conducted the Prosecution.
JOSEPH MARTIN . I am a clerk, in the goods department of the Eastern Counties Railway Company. The entry on this sheet (produced) was made out by me—it is an entry of goods to be delivered to a person of the name of Delay, in Kent-street, Borough—when the charge for cartage and all expenses have been paid upon the goods, it is usual to enter "All paid" upon the bill—it is entered in respect to this item—it would be the prisoner's duty to deliver the goods without any further charge—he would have no right to have such a bill as this (produced) in his possession—we have such bills in the office; they are lying about the office, but the carmen have no right to take them.
Cross-examined by MR. SLEIGH. Q. When a carman takes out goods upon which the carriage has not been paid, do you then give him a bill like this? A. We make out a ticket like this; they are made out by a clerk in the office; he does not give them out for the carmen to fill up, according to
circumstances—when the carman receives money it is his duty to sign his name on the ticket—the next entry on the sheet is a sum of 2s.; that sum was to be received by the prisoner—I do not know whether the last goods entered on this sheet were to be taken by the prisoner to the Brighton Railway Company, to go to Jersey—there is nothing on the bill to indicate that.
MR. BALLANTINE. Q. When the carman takes out a bill to receive money, does he fill up the amount? A. No; we fill them up before he leaves the office—he would never have one in blank—this item of 2s. has no reference to Mrs. Delay.
COURT. Q. Are the words "All paid" in your writing? A. Yes; that was written in when I gave it to the prisoner—if there had been anything for Mrs. Delay to pay, the amount would have been entered in this same column, and he would also have had a ticket.
ELIZABETH DELAY . I am the wife of James Delay, of No. 226, Kent-street, Borough. I recollect receiving some skins on 13th April—I cannot swear whether the prisoner is the person who brought them; the person who came produced this sheet, and said, "2s. to pay—I said I could not pay without a bill—he objected, and said that was his demand—he said he had no bill—I said I would not pay without—he then pulled a roll out of his pocket, and filled it up with my blue ink; he also signed it, "G. D."—I then paid him the 2s., and kept the receipt.
Cross-examined. Q. Was this between 6 and 7 o'clock in the evening? A. I do not think it was quite so late as that; it might be about 4 or 5 o'clock—I would not swear to the time; it was broad daylight—he told me he was in a very great hurry to get to the Brighton railway—the roll of papers that he took out of his pocket were like these—he took the first that came.
WILLIAM GAVIN . I am an inspector of police, at the Brick-lane goods station of the Eastern Counties Railway Company. On 26th April I took the prisoner into custody—I told him that he must consider himself in custody on a charge of obtaining 2s. from Mrs. Delay, under false pretences—he said that he had the 2s. but he could not tell what he had done with it—I searched him at the police station, but previous to doing so, he gave up these papers—he said they were given to him by his mate on the previous week.
Cross-examined. Q. When you took him into custody he handed you this bundle of papers? A. No, he did not; he gave me a few of them, but the bulk of them he gave me afterwards—there are twenty-nine altogether.
MR. BALLANTINE. Q. You say he gave you a few at first? A. Yes—before I took him to the station I asked him if he had any documents about him that he ought to give up—he said he had, and took out a sheet, 13d. and seven of these blank forms—I asked him how he came in possession of them—he said he could not tell, they must have been given to him by the clerk in the office, along with the bills that were made out—I asked him if he had any more besides them; he said, "No, not one," and searched his pockets—he afterwards produced the others out of his left hand coat pocket (he had searched that pocket before)—lie said, "I may as well give them to you now, Mr. Gavin, as by-and-bye; I have just found them; I did not know that T had them."
JAMES TWISS . I am cashier at the goods department of the Eastern Counties Railway Company. The prisoner was a carman in the company's employ—it was his duty to account to me, on his return home, for all monies received on his journey out—these goods for Mrs. Delay are entered as all
paid—in the ordinary course of business he would not have to account to me for anything with respect to those goods; he did not do so—I should say that this receipt is the prisoner's writing—he had no right whatever to interfere with those blank forms, or to fill in any sums—the tickets are given out to the carman with the sums in them—he merely has to sign them on receiving the money.
Cross-examined. Q. How long has he been in the company's employ? A. About two years—we have a clerk named Farr; I was not present at any interview between him and the prisoner.
(The prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy. — Confined Four Months.
MR. DUNCAN conducted the Prosecution.
GEORGE BARNES . I am chief usher of the Southwark County Court—Mr. Clive is the Judge of that Court—I am the officer properly authorized to administer oaths to the witnesses there—I remember an action in that Court of "Scott v. Danks," on 19th April—the prisoner was examined as a witness on that occasion—I administered the oath to him.
Cross-examined by MR. ROBINSON. Q. Do you mean to say that you particularly recollect swearing this man? A. Perfectly well.
WILLIAM RANSOM . I am managing assistant clerk at the Southwark County Court. I remember an action of "Scott v. Danks" being brought there—I produce a summons in that action, bearing the seal of the Court; it is for a claim of 11s. 6d. on a guarantee—this is the summons, which was brought to the hearing on 19th April—I was present, sitting under the Judge.
MR. ROBINSON. Q. Is that the original summons? A. Yes, or it would not bear the seal of the Court—this is not the summons that is issued to the plaintiff when he first makes his complaint, it is the summons that was issued, and a counterpart of it was handed to the high bailiff for service—the counterpart would be with the defendant; this was returned to the clerk by the high bailiff.
MR. DUNCAN. Q. Have you the record with you? A. I have (producing it)—it is duly sealed with the seal of the Court, and signed by the clerk, in accordance with 9 and 10 Vic., c. 95, sec. 111—the action came on to be heard on 19th April, before Mr. Clive; I was present—I heard the prisoner examined on that trial for the plaintiff—I have a book, which was produced by the prisoner on that occasion, and which was impounded by order of the Judge; it has never been out of my possession since—there is an entry in it, with the bottom part of it cut off—the prisoner made a statement with respect to that.
MR. ROBINSON. Q. Was what he said taken down in writing? A. It was; I have that writing here, it is not mine, but Mr. Clive's; it does so happen that I have a very retentive memory with regard to this particular transaction, the evidence was rather extraordinary.
MR. DUNCAN. Q. What did you hear the prisoner swear? A. He swore that he received from Danks a sum of 6s. only, and that he handed the book to Danks to look at the guarantee, and that Danks cut out the signature—the book contains a guarantee for 17s. 6d., and it is witnessed by Francis Ryland, of No. 75, Lambeth walk—I am giving, to the best of my recollection, the words that were made use of—he stated that he received
the guarantee for 11s. 6d. from Danks, for the payment on some day in May—he produced the guarantee at the time, this is it; he also swore that he only received 6s., and that he told the plaintiff that the 6s. was only sufficient to pay his expenses and 6d. over, that his expenses were 5s. 6d., and that he had received 6s.; consequently he had 6d. to the credit of the plain-tiff—the plaintiff produced the document in the prisoner's presence, and the prisoner swore that Danks signed it on the payment to him (the prisoner) of the sum of 2s.—(MR. DUNCAN proposing to put in the document, MR. ROBINSON objected, it being evidently not a guarantee, but a promissory note, and requiring a stamp. The RECORDER, upon looking at it, being of the same opinion, it was not read)—I produce the certificate of the Judge, under 14 and 15 Vic.
Cross-examined. Q. What are your duties at the Court? A. I have the entire management of the Court, and its operations, in the absence of the clerk—the clerk was present at this time—I sit under the Judge, and note down the appearance of the parties, and the determination of the several cases—I do not take down the names of the witnesses, I take down whether the parties appear by counsel, attorney, or in person, the determination of the cases, and the order made—I have plenty to do between the commencement of the case and the determination of it—while I am sitting in Court, and counsel are occupying the time of the Court, perhaps very long, I have little to do—I listen to what they are saying, because sometimes we gain useful information—assuming that the parties appear in person, I ask the plaintiff his name, because I have the name in my minute book, which lies before me, and I enter the words, "in person"—that does not take long; I then ask the defendant, or the party who appears for him, similar questions; and should they happen to be in the affirmative, I enter it in my book—I then launch the case by asking the cause of action—I then sit and listen, that is all I do during the hearing of the case, unless I have occasion to make a minute of the order that is made; that is, at the end of the case—I have nothing to do between whiles—no counsel appeared on this occasion—the plaintiff, Mr. Scott, and the prisoner were examined, and the defendant, Mr. Danks, and a man named Cusack—I cannot recollect the name of the case that was taken before this, or what any of the witnesses said, we sometimes have 250 cases in a day, I could not recollect them all—I have a perfect recollection of all that the prisoner swore; and for this simple reason, that it was an extraordinary case, and I had to draw out the certificate—Mr. Fletcher, the clerk, was taking the consent cases on the opposite side, and I called him over when I found how the case was going on; that was not before the prisoner's evidence was completed—Mr. Fletcher came to prepare the certificate; I supplied you with a copy of the Judge's notes last session, per favour—I have never read the notes since, except to see that the copy was correctly made—the prisoner stated that he called on Danks to request the payment of the 17s. 6d. on account of a guarantee given to Mr. Scott for rent; the 17s. 6d. included the rent and the expenses of the levy—I think he said that Mr. Danks disputed the payment, and refused to pay the money at first, and afterwards sent for a witness to see him pay the money: no, it was not the prisoner who said that the man was sent for to witness the payment, it was Danks who swore that—the prisoner said that he had brought the book containing the guarantee, and handed it to Danks before Danks gave him the money, and that he cut the name out upon his giving him the 6s.—he said "I handed the book to Danks, I told him I could not let him have the book, for there was some
memoranda of my son's upon it, and my son is a very clever and efficient young man, and I cannot spare the book, and on that account I handed him the book, and cut out the signature, and said that will do for you;" there are some memoranda at the back—he said that he cut out the signature on his giving him a memorandum for the balance, 11s. 6d., and it was upon that memorandum that the plaintiff sued—he stated that Danks signed a memorandum for the rest, and that Danks's wife and two children were present; and I think he said Cusack, no, not Cusack, he was asked whether Cusack was there, and he said he could not swear whether anybody was there or not, but he believed that no one else was present—(The summons and record were put in and read)—the matter was adjourned until 22nd May, and then the certificate was given.
JOSHUA DANKS . On 12th or 13th Feb. last, I owed Mr. Scott 17s. 6d.—on 13th Feb., in the early part of the afternoon, the prisoner called on me at my house—he said he had called on me for a sum of 17s. 6d., that I had been security for for my brother, for which he levied a distress upon me—he had this book with him—at that time it contained the guarantee, just over the place that is cut out—it is not in my handwriting, Ryland's son wrote it in my presence, my signature was to it the time he brought the book on the 13th—(read: "Jan. 12th, 1852. I O U, Walter Scott, the sum of 11s. 6d., being the amount of rent and expenses due from me to Michael Danks, which I agree to pay on or about the 12th day of Feb., 1854.")—Michael Danks, is my brother; the 12th was on Sunday—it was on the 13th that the prisoner came—I paid him 17s. 6d. on that occasion—he had been there on the Saturday previous—when he came on the 13th he asked for the 17s. 6d., and I refused to pay him, because I thought he was not the party I had to pay; I considered that Scott was the party that I had to pay—I told the prisoner that I had given Scott the guarantee, and he said, "Here it is, I have got it, and what more do you want?"—he produced the book—when he found I objected to paying, he said, "We will have a pot of ale," and he was there I suppose upwards of three hours before we came to terms upon it, and then I gave my consent to pay it—my wife said, "You shall not; I will go and get a witness"—he was present when my wife said that—we then sat till she went and brought a fellow shopmate of mine named Cusack—I did not know who she was going to bring—when Cusack came, I paid the prisoner 17s. 6d.—Cusack and my wife were both present when I paid it; nobody else was present, except my children—one of them is about five months old, and the other about a year and nine months—Mr. Scott afterwards sued me in the Southwark County Court, I think it was for 11s. 6d.—I appeared at the trial on 19th April—I was sworn as a witness, and so was the prisoner'—I heard him give his evidence—the signature to this document is not mine, I never wrote it—I believe it was produced at the trial, in the presence of the prisoner.
Cross-examined. Q. Was the trial on the 17th April? A. It came on first on 17th March, and again on 19th April—it was first adjourned to the 5th April, and Scott lost the suit—I said I did not owe the debt, and he had no witness—I had to appear on 17th March—I did not have Cusack as a witness on that occasion—if the case had gone on, I meant to show that the money had been paid—when I went to the court on 17th March, that was my defence—when the prisoner showed me the book on 13th, I did not agree to pay him the money at once; it was a long time before I agreed to it—there were no terms discussed during the three hours, only I thought he was not the right party to pay—I do not know that
there was anything more said than that—we were not talking about that during the whole three hours; we talked of different things—it was a good half hour before I paid him, that I said I would—I cannot exactly say what money I paid him in; it was all silver, I know—I got the money out of my pocket, out of this purse—there were some half crowns amongst it; I cannot say how many; and some shillings—I did not take out the money until I paid it—my wife was not with me all the time—she went and asked my neighbours whether it would be right to pay him—she was not away long; it was more than a quarter of an hour, but I should not like to state the time—she was out at different times—I wanted to have the memorandum out altogether, and he said there was some memorandums of his son's at the back—it was at the last moment I thought of saying if I cut the name out that would be enough—he wanted to write across it, and not let me touch it; but I said "No, I won't do that," and I cut it out, and threw it in the fire—I never signed my name to anything—this is not my handwriting—(The witness wrote his name upon a piece of paper, at Mr. Robinson's request)—I know the defendant's son by sight, nothing more—I never knew him previous to this transaction—I saw him here last session—he came to my house the night after the hearing at the County Court—I did not tell him on that occasion that I had paid 15s. to his father—he was not present at any part of the conversation on the 13th Feb.—the defendant came by himself—I am not aware that I said to him that I had offered Mr. Scott 2s. 6d. a week; I would not say that I did or did not, I firmly believe I did not—I had offered Mr. Scott half a crown a week about two days after I signed the document—I will not swear that I did not say to the prisoner that I had offered Mr. Scott half a crown a week, which would pay him his 12s., and that was why I would not pay him—I swear that I offered Scott the money, and I might have said to him, "This would have been paid previous to this, but Mr. Scott would not have if—nothing was said about 12s.—I signed a document for 17s. 6d.—I thought it all belonged to Scott—my brother did not explain to me why I was to sign the document—Mr. Scott and Ryland's son came to me and begged me to sign it, to release the broker out of my brother's house, but I never spoke to my brother about it—I do not know that I heard Scott swear at the County Court that I had never offered him half a crown a week; I told him I had done so—I do not think that he denied it—I have no recollection of his saying anything about it—the defendant did not tell me when I refused to pay him that it was very hard upon him, that he was a poor man, and that 5s. 6d. of it was money out of his own pocket—he did not say anything to that effect—he said, "Here is the book, what more do you want?"—I do not recollect his saying that 5s. 6d. of it was money due to him, and he could not afford to lose it; he might have said it, but not that I know of—I am a cocoa nut fibre mat manufacturer—my brother is a mat weaver—he is at Hull, I wish he was here—he has never paid me any portion of this money; he ran away and left me on the following Saturday night.
OWEN CUSACK . On Monday, 13th Feb., Mrs. Danks came for me, and I went to their house—I there saw Ryland, Danks, his wife, and their children—Danks paid the prisoner, in my presence, 17s. 6d.—I saw nothing signed—I was brought as a witness to see the money paid, and I saw nothing else—I did see it paid.
Cross-examined. Q. How much did you see paid? A. 17s. 6d.; it was in silver—Danks had it in his hand when I went in; I understood that it
came out of his pocket—I only went to see the money paid—I was there about half an hour altogether—he was not half an hour paying the money—directly the money was paid, I left; I did not stop, for Ryland insulted me when I went in—when I say I left directly, it was in about a quarter of an hour or so; I call that directly—Ryland insulted me when I first went in—he asked me how many came over in the same ship that I came in—I do not know what he meant by it—that was directly I went in—I cannot say how long it was after I went in that the money was paid; it was not long; I cannot say to five or ten minutes; I cannot say whether it was a quarter of an hour—I was sent for to see the money paid, and the money I saw paid, and that is all I can swear to—I was at the first hearing at the County Court, I cannot remember the date; the case was then put back till the next day—I did not take notice of the date I was there, but I was there at the trial—I was not more than ten minutes in the room before the money was paid—Ryland was not abusing me the whole of the time; he only insulted me as I told you, and I thought I would leave the room when I saw the money paid—I came out soon after it was paid—I dare say I was there about a quarter of an hour afterwards—I was there about half an hour altogether—I do not know Danks's handwriting; I have not seen him write very often; I could not swear to his writing—I do not suppose I ever saw him write above once or twice—I could not distinctly swear to his handwriting; I have not formed any notion about it—I have not seen him write a dozen times, I swear that—I have known him ten or eleven years—I was at home when Mrs. Danks came for me—I live a few streets from Danks's, about a quarter of a mile off—it was between 6 and 7 o'clock when she fetched me—I am a mat maker—I work for Wildey and Co.; that is the same place where Danks works; he has worked there for years, and so have I—I leave business at 6 o'clock—Wildey's place is not three minutes' walk from mine—the person of the house was there when Mrs. Danks came—she told me what she wanted me for as we went along, not in the house—I am not a married man—this is the first time I have been a witness, and I hope it will be the last—Mrs. Danks went in along with me.
CATHERINE DANKS . I am the prosecutor's wife. On the evening of 13th Feb. I saw the prisoner at our house, and also on the 11th—on the 13th I fetched Cusack—I saw the 17s. 6d. pass from my husband to the prisoner; it was put on the table, and paid before Cusack—there was nobody else present when it was paid but myself, Cusack, my husband, the prisoner, and my two children—my husband did not write his name, or anything to any book or papers; there was neither pen or paper used, but his name was cut cut of the book.
Cross-examined. Q. At what time did Ryland get to your house? A. He came between 3 and 4 o'clock; it was between 6 and 7 o'clock when I saw the money paid—I was there most all the time—they were not talking about this matter the whole of the time, they were talking about different things—my husband did not, in the first instance, object to pay the money; he said he did not like to pay it without Mr. Scott—Ryland then produced the book, and said, "What more can you want?"—he said Mr. Scott was of no use without the document, and Mr. Scott did not hold it, he held it—he produced it soon after he came in—I cannot say that I know my husband's handwriting, for I am no scholar, I can neither read or write—I have seen him write sometimes—I have never had a letter from him, I cannot read letters—I have never had a letter from my husband, I have had no occasion; he has always been with me—I have been married
three years—we had known each other very shortly before we were married—I might have received one or two letters from him before I was married—I believed that they were signed by him—I did not read them, I could not; I got different parties to read them for me—I cannot say who they were—I swear that I cannot read (looking at a paper); I cannot read a single line of this—I can neither read or write—I saw this money laid upon the table—it was got from my husband's pocket; I cannot recollect which, he keeps his money in both pockets—he took the money out of his pocket; that was after I came back from fetching Cusack—I do not know whether Cusack saw what was done—I went and called him as a witness—when I came back, my husband was standing at the table—he took the money out of his pocket, and paid it to Ryland; I cannot say how he paid it—all I fetched Cusack for, was to come and see the money paid, and as he paid it, of course I thought that was sufficient—he counted it on the table before me, Cusack, and Ryland, and that was all I wanted done—my husband counted it on the table—I do not know whether he took it loose out of his pocket, or whether he took it out tied up in a purse; I saw him put the money on the table—I saw him take it out of his pocket, and count it loose on the table before Ryland; that is true—during that time Cusack was standing by me, looking on—I have never given evidence before—I do not remember my husband telling me about Mr. Scott sueing him for the money that I had seen him pay to Ryland—I know that my husband was summoned twice to the County Court—I knew what he was summoned for—I recollected then that I had seen the money paid to Ryland—I was not before the County Court Judge—Cusack's house is about a quarter of an hour or twenty minutes' walk from ours—I first went to an agent that lived next door, and asked him—Cusack was not the nearest friend I had, I had plenty nearer; but I thought he was the most convenient at that time.
WALTER SCOTT . Mr. Danks owed me 17s. 6d. on or about 13th Feb.—he owed it me upon a guarantee that he signed in a book—I did not direct the prisoner to call for that debt of Mr. Danks on that day; I did not direct him to call at all—if he called to demand that debt of Mr. Danks on the 13th, or at any time, it was without my direction—I sued Danks for this money at the Southwark County Court, on 5th April—I sued him for 11s. 6d.—my debt was 12s., and the broker's fee was 5s. 6d., which made it 17s. 6d.—when I went to Mr. Danks for this 17s. 6d. he and I did not agree exactly, and I said, "I shall summons you," which I did—previous to my summoning him I saw Ryland, a day or two after, and I said to him, "I shall summons Danks; I cannot get the money from him"—he said, "I have got my expenses, 5s. 6d.; in fact, I have got 6s."—I said, "You have no business with that, that is 6d. off my debt."
COURT. Q. When was it he told you that? A. The day before I summoned Mr. Danks; I do not know what day it was exactly, I think it was in March—I said to him, "You had no business to get that, I would have paid you your demand if you wanted it"—he said, "Well, I wanted the money, and I got it; I took 6s."—I said, "Then that is 6d. off my debt"—on hearing that, I only sued him for the balance, 11s. 6d.
MR. DUNCAN. Q. Did the prisoner ever speak to you about having any memorandum, or any written document, in his possession before the matter came to trial at the Southwark County Court? A. Certainly not; he did not mention anything about any written document at the time he told me he had got the 6s. from Danks—he never told me that there was such a document before the case came on before Mr. Clive—I never save him
authority to cut out Danks's name from the guarantee in this book—I saw that memorandum written.
Cross-examined. Q. Ryland was the broker you employed, was he not? A. Yes—this guarantee was written in his book—I do not know the day upon which Ryland told me he had received the 6s.—it might be about 13th Feb.—no offer was made to me by Danks of half a crown a week—I swear that—I swore that before the County Court Judge—Danks was present when I swore that.
(The prisoner received a good character.)
COURT. to WALTER SCOTT. Q. You say Danks never offered you 2s. 6d. a week? A. Certainly not; I never heard of its being offered—I never heard it through anybody else—I was examined at the County Court—I do not know that I was asked that question there; I do not think I was; I do not recollect it—I never did receive the offer—he was to have paid me the 17s. 6d.—when I went to him for the money I said to him, "Are you ready?—he said, "You have got the I O U in the book"—I said, "Yes, I have"—he said, "I cannot give you more than 5s., and the rest I must give you 2s. at a time, or as I can spare it;" that was, I think, on 22nd Feb.; it was before Ryland told me that he bad received the 6s.; I think it was a day or two afterwards that Ryland told me he had got the 6s.—if it was the 13th Feb. that Ryland got the 6s. it must have been on the 12th that I went to Danks, because I think he got it the day after I went for the money—I went to get the money the same day it was due—it was on that occasion that Danks told me he could only give me 5s., and 2s. at a time—I told him that I should not settle the business in that kind of way.
NOT GUILTY .
MR. DUNCAN conducted the Prosecution.
WILLIAM RANSOM . I was present on 19th April at the trial of Scott v. Danks, before Mr. Clive—the prisoner was examined as a witness—Scott produced a document, and placed it in the prisoner's hands; the prisoner was called because he was the attesting witness to the instrument—he swore that he wrote the body of it, and that Joshua Danks signed it, and that he witnessed it, and that "H. Croft Ryland" was his signature—there is some peculiarity in this which struck me; it is in the final "s" in Danks, and the letter "s" in the body.
Cross-examined by MR. ROBINSON. Q. Were you asked that question? A. No—I did not give this man into custody, nor did the County Court Judge—he exercised his power under another Act of Parliament—the name of Danks is only written once here.
JOSHUA DANKS . (This witness being called to speak to the document in question, MR. ROBINSON objected, the only proper way to put it in evidence being by calling the attesting witness. The RECORDER was of opinion that as the attesting witness in this instance was the prisoner himself, he could not be called upon his own trial. MR. ROBINSON did not desire that he should be called as his witness, but he contended that the document could not be properly proved without him. The RECORDER would reserve the question if it became necessary.) The signature, "Joshua Danks," to this document, is not my writing—I never gave anybody authority to sign that name for me—I first saw this document, I think, on 19th April, at the trial.
Cross-examined. Q. Do you remember Mr. Scott applying to you for
this money? A. Yes; that was about three days after he sighed the bill—it was on the 11th he applied last, the day before it was due—it became due on Sunday—he came on Saturday for the money—that was after Ryland had been—I told him that Ryland had been—Ryland had also been on the 11th for the money, and promised to come again the same evening, but he never came—I did not tell Mr. Scott that I could not pay it, but I would pay him 5s.—I know nothing about 5s.—about three days after that I offered him half a crown, and said, "If you will take it, there will be 15s. left on my bill"—I am sure it was the day before the money was due that he came—he did not bring the document with him, or I would have paid him—I told him I would pay him if he had the document, because I had that same morning seen the document in the possession of Ryland—that was the reason I asked for the document; I mean the document in the book—Ryland had come in the morning, and Mr. Scott came in the evening—I told Ryland if he came in the evening I would pay him—I thought as it came due on the Sunday, it was payable on the Saturday—he said that Mr. Scott had sent him—he did not come in the evening, but Mr. Scott came instead—I had seen the document in Ryland's possession in the morning—I wanted 'to see it again in the evening, because I disputed Mr. Scott's having it—Ryland told me in the morning that Mr. Scott should not have it; if Mr. Scott had produced it I would have paid it—I thought it was still tin the prisoner's possession—I would not pay without it being given up to me—I never said to Mr. Scott that I could not pay the whole, and offer him 5s.—I offered him half a crown a few days after I had first signed the document, when I found that my brother had left me—I did not say that I would pay him 2s. from time to time, as I could—I have no recollection of anything of the sort—I do not believe I have any doubt about it—I did not say so—I neither offered him 5s. or 2s. occasionally, only the half a crown a week—I had offered him that a long time before—if he had taken the half crown a week there would have been 10s. paid at this time—that was about three days after I had given the security.
WALTER SCOTT . I do not know Danks's handwriting—this is the document that was produced to me; I first received it on 17th March, after I had had the first hearing—I got it from the prisoner's son's house; I do not know whether it was from his son's wife, or who: it was not the prisoner; but I saw him about two minutes afterwards, and said, "Here is a note or paper left for me how is this? I ought to have had it in the morning"—he said he did not know anything about it, it was a mistake, he supposed—I said, "You ought to have gone up with me this morning to the trial"—he said he did not see that—I said, "Yes, you ought; I saw you in the morning, and told you; you said the copy of the document I had was quite sufficient, and you could not spare the time, so I went alone, and so I got beaten; I will put it in force again, and bring you up as a witness"—he said, "Very well, I will go as a witness"—he seemed surprised that I had lost it; he did not suppose I should be beaten—he said, "Well, this document, and the I O U in the book, will beat them the next time, there is no doubt of it"—I showed him the document then, and he said, "That is the document that Danks gave me"—this was on 17th March, after I had had my hearing—I had never seen that document before—I went to him on the evening of 18th April, and told him, "I must have you to-morrow"—he said, "I don't knew that I can go; is the trial to-morrow?—I said, "Yes, I must have you with me"—he said, "Time is time"—I said, "Will you have a glass of something to drink r—he said, "Yes"—he said, "Well, you must give me half a crown
and I will go"—on the morning of the 19th I went and found him; he was up at the Court pretty nearly as quick as I was—he did not go with me—we had something to drink, of course, and sat in Court some time—my name was called in the Court, and he said, "Give me the half crown, or I'm d—d if I will go in now as a witness," so I gave him the half crown—he repeated several times, "Give me the half crown," and would not go till he did get it—I had not got a half crown, I had a good many shillings, and a gentleman who stood there, and knew me, said, "Here is a 6d.," and I gave it him.
Q. When did you first know that the name of Danks was cut out of the book in which the I O U was written? A. On 19th April, not till then; just before the hearing he showed me the book, and I was surprised—I think it was on 13th or 14th Feb. that he told me he had got 6s. from Danks; it was a day or two after the money was due—I went to Danks myself for the money, on a Saturday night, about 4th Feb., in the evening—I told Ryland that I should summons Danks, and that I should want him as a witness; I told him that before the case was first heard—I do not know how long before 17th March it was that I told him so; it might be a day or two, or it might be a week—I saw him on the morning of the 17th, and he would not go with me then—he had not said one word before the first hearing, about possessing any such document as this—when I met him, a minute or two after I had obtained this document, I said to him, "Here is a paper I have now taken from your son's; I ought to have had this in the morning"—he said, "We can beat them the next time."
Cross-examined. Q. Are you accurate as to the time when you got the document? A. I think it was about 1 or 2 o'clock on the 17th, after the first hearing—I brought my action for 11s. 6d. on the first occasion—I brought the second action for the same amount—I have not had anything for coming here to-day; I suppose I shall be paid, just the same as others—I should have come just the same, if I had been told that I should not have any expenses.
MR. DUNCAN. Q. Do you attend here upon subpoena? A. Yes; I do not know the solicitor for the prosecution.
COURT. Q. Shortly after the security was first signed, and before it became due, did Danks offer you half a crown a week? A. No, never at any time; he offered me 5s. and 2s. at a time, as he could, and I would not take it—that was on 11th Feb., the night I went for the money—that was the first offer he ever made to me—he certainly did not offer a long while before it was due, to pay it off by half a crown a week, there was not any agreement of that sort—he never offered that at any time—I was to have been paid in a week, but I gave him a month—I am sure he did not offer to pay it by installments—it was on the Saturday night, 11th Feb., that he offered me the 5s.—he asked me on that occasion whether I had the document with me—I told him, "Yes"—I had it with me—I had called at the broker's (the prisoner's son's) and he had given me the book—I told Danks I had it with me—he said then, "I will give you 5s., and 2s. as I can spare it"—he did not say 2s. a week, or any stated time, but as he could spare it, and I said I would not take it—it is not true that he said on that occasion if I had the document he would pay me—I had the document, and he did not pay me.
NOT GUILTY .
Before Mr. Justice Coleridge.
MR. CAARTEN conducted the Prosecution.
WILLIAM ATLEE (police sergeant, L 4). On Thursday afternoon, 25th May, I went to No. 17, Brother's-row, Lambeth, and found the prisoner's wife in an upstairs room, lying on a bed, bleeding from wounds on the head, the left wrist, and the back of the right hand—both her clothes and the bed clothes were soaked with blood—the prisoner was in the room, and in his presence I asked her who did it; she said her husband—I asked her what he did it with; she said he had struck her—I asked her if she would give him into custody; she said, "Yes "—he said that when he came home he found a man in the room, and he took up a screwdriver and struck her—I took him to the station, and afterwards went back and found this screw-driver produced) lying on a bench in the front kitchen—here are marks of blood on the handle.
Cross-examined by MR. LILLEY. Q. The prisoner is a trunk maker, is he not? A. Yes; he would use a screwdriver in his business—I found him in the bedroom—he was drunk—the prosecutrix was not drunk; she seemed more faint from loss of blood—I cannot undertake to state that she had not been drinking—I saw Wilkes there; he is a lad in the prisoner's service—a surgeon was sent for to the station—it was about half past 3 o'clock when I was called, and it was about half past 4 o'clock when I got to the station—I will not be certain as to the time the surgeon came to the station—it might have been 5 o'clock when he saw the prosecutrix; it was between 4 and 5 o'clock, I think—the prisoner said that he found a man there—a man stood outside the gate; he pointed him out; it was Beldon; and the prisoner said that he had found him in the room.
HENRIETTA COPELAND . I am the prisoner's wife; we lived at No. 17, Brother's-row, Lambeth. On 25th May I went out alone, between 10 and 11 o'clock in the morning—I came home between 1 and 2 o'clock—I went out again about 2 o'clock, and found my husband at the Windmill public house with two gentlemen, one of whom was Mr. Beldon—I had something to drink, and remained till about 3 o'clock, when I went home and went to bed—I was very tipsy (I left my husband at the public house)—I did not undress; I laid down on the bed, and while I was lying there Mr. Beldon opened my bedroom door, and said something, but I cannot say what he did say—I ordered him out, and he left the room; he had not been a second in the room; he kept the door in his hand—as soon as he went out, I looked the door, and before he was off the stairs my husband came in, and forced the door open with a screwdriver—he entered the room, and I flew to him—I believe he spoke first, and I answered him—I cannot remember the words he said—I sustained my injury from clinging to him; he never hurt me in the least—I cannot say how I sustained it—he had something in his hand—I have no recollection of what he did with his hand, only of my clinging to him on the stairs—I think I cut my head against the door, but am not certain—I have a wound on my head, but it is all healed—(The witness was cautioned by the Court that unless she spoke the truth she would be committed)—I cannot speak the truth no farther than I stated before, that, I have no recollection at all of how it came, nor yet what my husband had in his hand—I felt a wound on my head—my husband was then on the stairs—I had hold of him at the time I felt the wound—I cannot say that he had anything in his hand, nor can I say that he had not—I did not see a screwdriver in his hand when he broke open the door, and came into the room—he broke the door open with something—he told me that he broke it open with something; I do not know what it was—I saw nothing in his
hand when he came in—I felt pain at the time I received the wound; it was a smarting pain, as if from a blow; nothing particular—no one but my husband was near me at the time—I cannot say where his hand was at the time I felt the blow—I know I am on my oath, and I cannot say whether his hand was up or down—at the time I had got hold of him I was trying to hold him from going down stairs, and he was trying to get down stairs—I felt a wound on my wrist; I cannot say how it was done—I think it was a cut; it bled very much—I was not aware of it at the time, but only of the cut on my head—I was stupid by drink—I do not know how I sustained the injuries, and I do not think I ever did know—I do not remember a policeman coming in while I was lying on the bed; or his asking me who did it; or of my saying that my husband did it; or of my giving him in charge—I do not remember anything till I was down at the police station—my husband did not get away from me; I think he was in the room when the policeman came in—he had been endeavoring to get down stairs, but I think he returned back—he had not got down stairs; I stopped him on the stairs—it was in the scuffle, as I was holding him, that I got the cut—I cannot positively say that he got away from me before the policeman came; they tell me that he went out; I did not see that he went out of the house—I afterwards saw a gentleman down stairs, but I could not tell who it was, till I saw him here to-day—he attended to me.
Cross-examined. Was it in consequence of being very tipsy that you went up stairs, and laid on the bed? A. It was—the reason of my not distinctly recollecting what passed is that I was so much in liquor—I and my husband have been together fourteen years on the 17th of next March, and during that long time he has treated me with the greatest kindness—he was in liquor—at the time my husband came, Beldon was on the stairs—I do not think he was just coming out of the room—there is only one pair of stairs.
MR. CAARTEN. Q. Do you remember going to the station house? A. No; but I remember being there—I do not remember telling Inspector Rogers of the L division, that I had been repeatedly ill treated by my husband—I saw Rogers, but I have no knowledge of telling him, or of saying in his presence that I had been repeatedly ill treated by my husband—I had recovered my senses at the station—I was asked my name, and remembered that—I am sorry to say that my husband is in the habit of getting a little to drink, and then he is very irritable, and I am the same—I cannot swear positively whether I did say that I had been repeatedly illtreated by my husband—I will not swear that I did not.
ROBERT GEORGE WILKS . I live at No. 38, Park-street, Kennington-cross—I was at this time in the employment of the prisoner—I remember the day on which this happened—my master was out—my mistress came home drunk about 2 o'clock, and went up stairs to bed—in about two or three minutes Harry Beldon, who I knew before, came in and went up stairs; and about a quarter of an hour after my mistress came home, the prisoner came in and asked me where my mistress was—he was drunk—I said, "Up stairs in the bedroom, along with another man"—he picked up the screwdriver from the bench, and rushed up stairs—when he forced the door open, Hurry Beldon came running down stairs, and went out—my master afterwards came down with the screwdriver (produced) in his hand, and asked me where his boots were—I gave them to him, and he ran after him—there was a little blood on the handle of the screw driver, I believe—he had his shirt sleeves tucked up, and there was a little blood
on his arms, but not on his shirt sleeves—he had come into the house with his shirt sleeves tucked up—as soon as he came down, when he asked me for his boots, he picked up this knife (produced); he put it down again, and I took and hid it then—he seemed in a very bad temper—he went away, and ran after the man—he returned in two or three minutes—I do not remember Atlee coming.
Cross-examined. Q. How long have you lived with the prisoner? A. About six weeks—during that time I have worked daily in the shop, and sometimes on Sundays as well—my master and mistress lived comfortably together, except one day when master had had a little drop of drink, and he took and hit her—when Beldon came, I told him my master was out—he went up stairs after that—the screwdriver is used in the way of our business.
COURT. Q. How came you to tell your master that your mistress was up stairs in the bedroom with another man? A. I did not know what he wanted up stairs—I did not mean to convey to my master that he was up there for an improper purpose; I did not know what he had come for; I did not know whether he had come to rob the place or anything, and I thought I would tell master of it—I had only seen the man in the place once before, and that was on Whit Monday, when he sent me out to the public house to see if they would trust him with half a pint of rum.
HENRY BELDON . I am a fisherman, and live at No. 51, Lower Fore-street, Lambeth. On 25th May, I was at the Windmill public house, drinking with the prisoner; his wife came in soon after him, and we had several quarterns of rum, and a glass or two of ale—the prisoner was very bad in liquor, and his wife was very bad, and I was very bad; we were all very bad—I do not remember his wife going away; I do not know which of them went away first; the prisoner was smoking a peculiar sort of pipe; I asked him where he got it from, and he told me he had got several at home, and he would give me one if I required it—I thanked him, and he went out; I thought he had gone home after one—he was gone rather longer than I thought it would take him, and I went after him—I had known him before, and had visited at his house before at his desire—I went to the house and saw Wilkes, I then went up stairs into the bedroom on the first floor—the door was shut; I opened it, and saw Mrs. Copeland there—I asked for her husband; she said he was not at home—I do not think I was a minute in the room—on my leaving I could not swear whether the door was shut after me, for I had my back to it—I reeled against the other stairs, the second flight, and at the same time the prisoner rushed up—he said nothing to me—I went down stairs directly and went out, and went back to two of my Mends that I had left at the public house.
Cross-examined. Q. When you met the prisoner on the stairs, did you say anything about the pipe you had come for? A. No; I did not give it a thought—I said nothing—I knew that the prisoner was out before I went up stairs, but being drunk I would not take no for an answer; I thought it was not doing any harm—I have known the prisoner by drinking with him for two years and better; I have been to his house, I cannot say how often—I have been down stairs talking to him, perhaps five or six times or more—I have not seen him and his wife together above two or three times—he did not seem in any way out of temper towards her on those occasions.
COURT. Q. When he met you on the stairs did he attempt to stop you,
or say anything to you? A. No—he passed me as I reeled against the second floor stairs.
CHARLES CORBETT BLADES . I am assistant to Mr. Wagstaff, a surgeon, of Walcot-place, Lambeth. I was sent for to the station house, in Ken-nington-lane, on 25th May—I got there about half past 4 o'clock—I found Mrs. Copeland there—she had an injury to the scalp, and one on the back of the right hand—the wound on the scalp was an incised wound; it reached the bone; it was about an inch in length; it was not bleeding then—the wound on the right hand was an incised wound, and there was also an incised wound above the left wrist; a screwdriver might inflict such wounds—they were not dangerous—she appeared sober—she had lost a considerable quantity of blood—I do not think that would have sobered her.
GUILTY. of unlawfully wounding. — Confined Three Months.
Before Mr. Baron Alder son.
JOHN GORHAM . I do not know anything at all about the case; I was very much intoxicated at the time—I found myself at Guy's Hospital, very queer indeed, from a wound on my head—I had not been in company with the prisoner, I do not know him—I had been working at the Crystal Palace—I came out in the afternoon with a few friends, and got drinking—we went to the White Swan—we were at two or three houses about Norwood.
JAMES DOWERS . I am ostler at the Queen's Arms stables, which is about ten yards from the White Swan. On the afternoon of 15th May I saw Gorham there, about 4 o'clock; he was very tipsy—he came out of the Swan—the prisoner stood at the corner of the Swan palings, talking to a woman—Gorham went up to him, and said something, which I could not hear; I did not notice that he did or said anything to the woman, but he took his fist and shoved the prisoner down with his clenched fist; he did not hit him—the prisoner fell down—he had a shovel in his hand at the time—there was another man with the prisoner, a lodger of his, who also had a shovel in his hand—they crossed over the road; Gorham followed them:—the man who was with the prisoner said to him, "Don't take any notice of him, he's nothing but a b—y London prig, come down on purpose to kick up a row with people, and on purpose to pick people's pockets; that is how they get their living"—they got to words together; the man kept repeating this over and over again to Gorham; he seemed to be upset by it, and kept dodging forwards, as if to hit him, only he was afraid of the shovels—the prisoner said, "If you do hit me, I will knock your b—y head open with the shovel"—the other man said so too—the prisoner said, "If I was a young man instead of an old one, I would give you a b—y good thrashing"—the other man, whose name I think is Cooke, kept calling Gorham a rogue and a prig, and everything but a gentleman, and as soon as he got round the corner, Gorham made forward and knocked him down—the prisoner directly rose his shovel, and struck a blow with it on the head, which fetched Gorham to the ground on his hands and knees—he got up again, and struggled with Cooke, but he was bleeding, and seemed as if he had no strength; he fell down, and became insensible—he was taken to a doctor's, and the prisoner was given into custody—the prisoner was in liquor, but not so drunk but what he knew what he was about—Gorham was very drunk; I was sober, I always keep sober.
the Swan about half-past 4 o'clock on the 15th—I saw a crowd, and went out—I saw the prisoner and a man named Cooke insulting the prosecutor, saying that he had pushed him down in some way or other—they called him names, and said he was a rogue and vagabond, come down from London to see what he could get—he made no answer, being very drunk—he looked at them, and followed them—Cooke said something to him, which I could not exactly hear, and Gorham said, "Now I will come, and give it you"—he went towards Cooke, and showed fight to him, and the prisoner, who was standing by his side with a shovel over his shoulder, fetched him a blow, on the right side of the head—he fell, and then got up, and wanted to fight Cooke—he did not know which of the two had struck him—the prisoner walked away, and I saw no more of him till he was taken—Gorham was walking about for some time, wanting to fight Cooke; he seemed to be excited—somebody at last took him to the doctor's.
ROBERT HENRY BARTRAM . I am a surgeon. On the evening of 15th May, Gorham came to me at Guy's Hospital; he had a severe cut wound on the scalp—it was a deep wound, and would require considerable force to inflict it—a blow with the edge of a shovel would be very likely to produce such a wound—he has got well now; he left the hospital a few days since, nearly well—he went out irregularly, of his own accord.
Prisoner's Defence. This man was wanting to fight everybody; I was speaking to the woman about making me some shirts, and he came up and knocked me down; I said it was a shame to hit an old man of fifty-two, and not long out of Guy's Hospital, and he hit the other man.
GUILTY. of unlawfully wounding, under great provocation. Aged 52.— Confined Six Months.
MARGARET WELSH . I am the wife of Michael Welsh, and live at No. 15, Joiner-street, Westminster-road, Lambeth; the prisoner is a second cousin of mine. On 23rd May, I was taken ill about half past 6 o'clock; I fainted away and became insensible—when I came to my senses I found myself in my bed—about half past 5 o'clock in the morning I missed a coat of my husband's—I had last seen it about half past 6 o'clock the afternoon before; I have since seen it at the pawnbroker's—I do not know whether the prisoner was in the house during the time I was ill, I did not see or hear her in the room.
BRIDGET HAYES . I keep the house in which Mrs. Welsh lives. I remember her being taken ill on 23rd May; I saw the prisoner at the house between 7 and 8 o'clock; I let her in myself and she came into my parlour (my mother had let her out twice), she had a bundle—she did not go upstairs that time—I heard her come down stairs, and go out; and I saw her pass my parlour window with a bundle under her visited, it was a considerably larger bundle than the bawl she showed me when she came back.
Prisoner. Q. Did not I tell you that Mrs. Welsh had sent me to pawn it? A. You did not tell me anything of the kind; you said it was your, husband's coat, and gave the name of Welsh.
WILLIAM OAKES (policeman, L 30). I received the prisoner into custody at the station, on 26th May—Mrs. Welsh gave her in charge; she seemed to be very much excited, and had been drinking—she threw herself about in the charge room, and threw some money down, and two or three things, which I picked up and produce—she said, "Oh, God! woman, don't charge me; don't lock me up"—on the way to the police court next morning, she said to me, "I will give Mrs. Welsh the 6s. that the coat was in pledge for, and likewise I will return her 6s. for herself if she will not prosecute."
MARGARET WELSH (re-examined). This is my husband's coat, and this is his knife in the pocket of it—he had been out at work that day, since half-past 5 o'clock in the morning, and came homo at 10 o'clock—it is his Sunday coat, he had his working clothes on; my shawl is entirely gone; these other things are not mine.
Prisoner's Defence. She gave me the coat to pawn, and I gave her the money and ticket, and she sent me out for some tea and sugar; she had been out with me all day, drinking at different public houses, and was quite intoxicated.
MARGARET WELSH (re-examined). I did not give her the coat to pawn—I was in a fit that night, quite out of my mind, and that was the third time of my being taken since Easter Sunday—I had not been drinking; I had not taken a drop for this four months—I never got the ticket of the coat from the prisoner—I found out through my landlady that the coat was pawned.
JOHANNA HARTNELL . I am a widow. On Wednesday, 24th May, the prisoner was brought to my house by Mary Murphy, who met her at the top of the court, and she slept with me and my two children for two nights—next day I went to Kennington workhouse, where I receive relief—as I was going, I went into the Roman Catholic chapel, and staid there about three-quarters of an hour—I then went on to the workhouse, leaving the prisoner and Mary Murphy in the chapel—I was gone about an hour and a quarter—when I returned, I found the prisoner and Murphy still in the chapel—we stopped there some time, and all three came home together, at least the prisoner and I did; Murphy went a little before, after giving me the key of my room—the prisoner said that a lady in the chapel wanted a servant, and she would go and look after it—she went away, and did not return—I missed the key of my drawers, which had been safe in my pocket the over night—I forced them open with a poker, and missed my shawl and half a sovereign, which was tied up in an old table napkin, and 8 1/2 d., and some farthings, belonging to my child's money box.
WILLIAM OAKES (policeman). I took the prisoner into custody—she was searched at the station—I produce a piece of napkin which she threw down in the charge room—these stockings and other things were found on her by the female searcher, and this piece of black ribbon.
JOHN HARTNELL re-examined. These stockings belong to a little girl that lodged with me—this piece of napkin is what the half-sovereign was wrapped in, and this piece of black ribbon is mine—I showed the constable the other part of it—it was in the same drawer with the napkin—the shawl has not been found.
(The prisoners statement before the Magistrate was here read, as follows:
"Mary Murphy gave me the keys in the chapel, and she told me to keep them.")
Prisoner. I got the two keys from Mary Murphy when she was going out; she had them in her bosom; she gave them to me, and told me to put them into my pocket; I never thought the key belonged to this woman.
Prisoner. Q. Did not you give me both the keys out of your bosom? A. No; you asked me for the key of the door, because you felt very ill—you told me not to move out of the chapel; you would go outside, and get better, and I did not see any more of you.
Prisoner's Defence. Mary Murphy gave me the black ribbon out of a little box that was upon the drawers, and I wore it round my neck; she gave it me with a pair of gloves; the napkin does not belong to her; it is a piece of a table cloth.
GUILTY . Aged 25.— Confined Twelve Months.
ADJOURNED TO MONDAY, JULY 3RD, 1854.