CENTRAL CRIMINAL COURT.
SIDNEY, MAYOR. NINTH 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, July 3rd, 1854.
PRESENT—The Right Hon. the LORD MAYOR; Sir GEORGE CARROLL, Knt., Ald; Mr. RECORDER; Mr. Ald. MOON; and Sir ROBERT WALTER CARDEN, Knt., Ald.
Before Mr. Recorder and the First Jury.
MR. PAYNE conducted the Prosecution.
AUGUSTUS NEWTON . I live at Oakley-villa, King's-road, Chelsea; I am of no profession or trade; I hare an annuity from my mother, and also have other property. I have known the defendant since 1842—I know her handwriting well—this letter and the envelope are in her handwriting—I received this letter from the postman; I took it in myself—it was sealed—(read: "Mr. Newton, Swindler's-villa, alias Oakley-villa, King's-road, Chelsea, Good Friday, 1854. I shall do myself the pleasure of paying the swindler a visit in about a fortnight, to see the piano, maple frame glass, and all other goods sold, that you stole. Hurrah, hurrah, hurrah! the down of the swindlers again!—hurrah!—to sell without delay, for 70l.! Hurrah!")
Cross-examined by MR. SLEIGH. Q. What is your mother, from whom you derive your annuity? A. A lady, living upon her property; I receive the annuity conditionally, from my father—I think I am correct in saying that it was in 1842 that I first became acquainted with the defendant—at that time she was carrying on business as a milliner, in Grosvenor-place, Pimlico; she had a shop there—I knew her there up to 1851, or 1852—when I introduced myself to her I was a single man—I am now married—I was married on 10th April, 1852—I cannot say that I stated to her, when I first became acquainted with her, that I was unmarried; very likely I might have said so, because I was so—I certainly did not propose marriage
to her, that I swear; I never promised her marriage—my first introduction to her, I believe, was when I was smoking at a cigar shop, next door to hers—I have not been living with the prisoner as man and wife—I have known her, but have never lived with her, or she with me—I have slept with her—I had known her nearly a month before I had any improper intimacy with her—that was at her own house, in Grosvenor-place—I knew her in Grosvenor-place from 1842 to 1851 or 1852—I used to be there continually until she left—perhaps for two years I did not see anything of her—she removed from there in 1850—I occasionally visited her between 1842 and 1850—I cannot say whether she was obliged to remove in 1850, in consequence of the premises being about to be pulled down—I have passed the house since, and it has been pulled down—I think it was at the latter end of 1849 that I took Oakley-villa—I have paid many bills for the defendant at Grosvenor-place, but always in her name, not in my own—she got into difficulties, and I paid them for her—they were bills in her business—I did not pay them on her premises—she did not pass as Mrs. Newton with my sanction, or to my knowledge; she certainly did not do so to my knowledge—she might have done so—I believe I have some letters signed as Mrs. Newton—I think I never addressed her as Mrs. Newton—I could almost swear that I have not addressed letters to her as Mrs. Newton—I will not swear that I have not—it is since I have been married that she has sent letters signed "Mrs. Newton;" she sent them to my wife, and also to my father-in-law—I will not swear I have not addressed letters to her as Mrs. Newton before I was married; I might have done so—I have never called myself her husband; I swear that; nor did I ever pay bills in the name of Newton—I have paid them in the name of James, and I have bills to show it—I know a person named Weston—he took part of the shop which the defendant had—I let that shop to him, and have the memorandum here—it was not the shop that she had, but the shop adjoining—I advanced a great deal of money to Miss James, and I said to her, "I am not going to be humbugged any further; I must have some security"—she said, "You can have the shop I am about to let, and you can have the rent of it, and have the agreement signed in your name;" and I did—this is it—I have a duplicate of it, signed by Mr. Weston—there was some furniture in the shop and rooms at Grosvenor-place when Miss James occupied them—that furniture was not subsequently sent to Oakley-villa.
MR. PAYNE. Q. Does any of the property that is on your premises at Oakley-villa belong to the defendant? A. Certainly not.
COURT. Q. Was any of it removed from Grosvenor-place? A. Yes; I removed furniture from there that I had placed there from my chambers, I dare say 200l. worth of property—it was placed there to be taken care of for me—she did not use it with my sanction, no articles of furniture belonging to the defendant were removed from Grosvenor-place to Oakley-villa—I have said so in other Courts besides this.
AUGUSTUS NEWTON re-examined. This letter is also in the defendant's handwriting—Mr. Long, a solicitor, has two or three in his possession; and Mr. Charnock, another solicitor, also has some—they are not here—I have subpoenaed them—that is a letter addressed to my wife, at "Rogue's-villa, alias Oakley-villa"—it contained a piece of blank paper.
MR. SLEIGH. Q. Is that letter your handwriting? A. I cannot swear that it is; it is not the way in which I sign my name—it is signed "Gus"—
I never called myself her husband; it is written here "hus"—I might have done that in a freak.
GUILTY .— To enter into her own Recognizance in 50l. to appear and receive Judgment when called upon.
MESSRS. PAYNE and SLEIGH conducted the Prosecution.
CHARLES WILLIAM BEVAN . I am resident manager of the Deposit Assurance Company, New Bridge-street, Blackfriars. I was appointed to that office in 1852—in the early part of Feb. the defendant called at the office; he represented that he was a compositor in Messrs. Spottiswoodes' employment, and requested me to supply him with some prospectuses of our Company—the number he asked for was rather large, and I declined at first to do so unless I knew what his object was; he said that it was the practice in Messrs. Spottiswoodes' office, for the partners to give lectures on various subjects, and that they had requested him to give a lecture on life assurance; that 300 of the men had singled our company out, in consequence of some peculiar feature, and he had no doubt but that all would insure, in consequence of hearing his lecture; upon that I gave him about 100 prospectuses, we were rather short of them at that time and were receiving tenders for some—I told the prisoner if these men were going to insure it would be advisable for Messrs. Spottiswoode to tender for the printing of a new batch of prospectuses—he said, "Can you give me any idea of the price?" I said it will be from 5l. to 6l. per thousand; he said he would let me have the tender the next day—I spoke to one of the Directors, who said he thought it was a very capital idea—the prisoner brought me the tender in writing, and it was accordingly given to Messrs. Spottiswoode, who undertook to deliver 20,000 prospectuses at 6l. per thousand—I afterwards received the following note—(read: "Her Majesty's Printing-office, reading department, Feb. 15, 1854, New-street square; to C. W. Bevan, Esq. Sir, permit me to acknowledge the receipt, this day, of eleven prospectuses, and sixteen forms of proposal, of the Deposit Office; as I have been some time awaiting them preparatory to my lecture, at the request of my governor (Mr. Spottiswoode), I should be most happy if you would favour me with an interview personally, at any time you could conveniently appoint, either to-morrow, or before Saturday. I am, Sir, yours respectfully, M G. Keating. P. S. I have the Spottiswoodes' carte blanc to invite any friends to to-night's lecture. Subject: Russia, &c., &c., a most telling subject under existing circumstances; to be delivered by—Smith, Esq., of Oxford College, a chum of Mr. S., in the printing office lecture room (late Wilson's type foundry), Harding-street, Red Lion-court, Fleet-street, at a quarter past 8 THIS evening; send some person. Excuse haste, M. Keating.")—I afterwards received this letter—(read; Her Majesty's Printing office, March 9, 1854; C. W. Bevan, Esq. Dear Sir, here-with you have proof of bill and card postponing lecture to next Sat week, the 18th. I must advertise extensively to save disappointment to my supporters, and do the handsome in the shape of a spread, in compliment to Clemow for the gratuitous use of his large room, and again on the 18th. Favour me with 200 of your office envelopes to enclose cards and bills to my friends in the various newspaper offices; or would you deem it better to use plain? M. G. Keating. P. S. May I take the liberty to ask the advance of a cheque for 20l. on account of printing, &c., as I am just now a little short
of cash. You will certainly oblige by so doing, which we can settle when the 20,000 prospectuses are completed. An early answer to this will oblige.")—I then sent for the defendant, and on the following Sat. he called; I asked him what he meant by writing to me for 20l. on account of his master's bill for printing; "Oh! I can settle that with the governor, I always settle things with the governor"—I said, "If you settle things with your governor like that, I do not settle things with my governors like that;" that I had nothing to do with his lecture, and could not give him any money whatever; he then asked me if I would lend him 10l.—I said, "Certainly not," and asked him what he wanted it for; he said he should have to give a spread—I said it was time enough to pay for the spread when he had given it—he then asked me to lend him 2l. 10s., as he must have a decent coat to lecture in—I said, "I see what sort of man you are," and I advised him to leave my office, which he did—I then received the following letters from him—(read: "Her Majesty's Printing-office, Sat., Mar. 11, 4 P. M. C. W. Bevan, Esq. Dear Sir, I regret to say from the discourteous (I ought to say, 'ruffianly') reception I have just now experienced at the hands of your under-strapper, Norris (who is neither useful nor ornamental to any office), that I shall feel myself perfectly exonerated from my engagement of advocating the merits of the Company of which you are resident secretary, in my forthcoming lecture, unless I hear from you before 7 o'clock this evening; I have disobliged myself and my friends to oblige you and your Directors, at your written request I am sorry you are so short-sighted. Yours most respectfully, M. G. K. P. S. Your announcement at the Angel Inn, Oldham, as reported in the Manchester Times, of March 1, that 300 of the printers in the employ of the Messrs. Spottiswoode, would become policy holders, &c., &c., is not at all likely to be verified from the treatment I have experienced from the man Norris. The unity still exists. I can understand Baylis. An immediate answer will oblige yours, M. G. K."—"Her Majesty's Printing-office, New-street-square, Sat. night; C. W. Bevan, Esq. Dear Sir, the 200 prospectuses forwarded me just now were swallowed up without supplying the entire of our workpeople; I think I could judiciously dispose of 200 more, and still not supply all hands; suppose you send me 300, the sooner the better, as they all "promise" to insure after they have heard my lecture. Yours respectfully, M. G. Keating")—after the reception of those letters I saw the defendant on the next Monday morning—I called on Mr. Norris, at the office of Messrs. Spottiswoode, and requested to see Mr. Keating—I saw him, and said to him, in Mr. Norris's presence, "Mr. Keating, I have called for your apology to these two letters; unless you apologise I shall see Mr. Spottiswoode, your master"—he said that if I libelled him to his master he should bring an action against me—I then went with Mr. Norris to Mr. George Spottiswoode, and showed him these letters—the defendant was not present—I afterwards met the defendant in the street; he came up, but I did not speak to him—I received this letter from him, on or about the day it bears date—(read: "24th March, 13, Took's-court, Cursitor-street, Chancery-lane. Charles W. Bevan, Esq. Sir,—I this day had an interview with my principals. I find you have, by your statements to them, succeeded in your threat of ruining me, at least so far as respects my appointment in Her Majesty's Printing-office. Have you forgotten how innocently I became acquainted with your office?—thus: About to deliver a private lecture in our lecture room, I sent for one of your prospectuses. I approved of its features. We had an interview. You gave me an order for printing.
You forwarded to my office 500 books for gratuitous distribution amongst our work people. I wrote you a private note, that I would do what I could for your Company, and that I could promise perhaps 300. You made a statement at Oldham, saddling me with the responsibility of that assertion, received as a private communication. My bills and cards for the 11th were out You wrote me that, as it was the anniversary of your wedding, you had a party, and requesting me to postpone it to the 18th, as (to quote yourself) 'I intend mustering very strong; some of our Directors I will get to attend,' &c. &c. Well, my lecture came off Did I show any ill feeling towards you or your Company? Have I deserved such vindictiveness at your hands, merely from writing you a note for a few pounds on account, to pay for printing the fresh bills, &c. I wrote under excited feelings at the insulting language I received from Norris, of which I believe you are still unaware. I regret you should have extended your ill feeling so far as to deprive of bread my wife and little ones (at least so far as you are concerned). However, I suppose you can have no objection to amicably terminate our brief acquaintance, by remitting me a cheque for the printing account; bills, cards, &c. (postponing the lecture), for your purposes; advertising, fees to waiters, and incidental costs out of pocket, which you have induced me to become liable for, say 10l. If so, the matter rests here, and receive the final adieu of, Sir, your obedient servant, M. G. Keating. P. S. Now that I am out of the appointment (through your interview with my principals), I shall have leisure to give a few more lectures, and allude to passing events. The pamphlet is in the printer's hands, 'Verbum sap."')—I sent no answer to that—I know nothing about those expenses—I had no participation, and no benefit was to accrue to me from his lectures—on 1st April I received this bill and letter (read: "Mr. George M. Keating, to Luke James Hansard. March 8th, 1854, To 500 demy folio bills (thick paper), announcing lecture on Life Assurance, at Anderton's Hotel, for March 11th; March 13th, to 250 ditto (thin paper) postponing lecture till March 18th; to 150 invitatory refreshment tickets, 3l. 10s." "13, Took's-court, Cursitor-street, Chancery-lane, April 1st, 1854. C. W. Bevan, Esq., Secretary, Deposit Insurance-offices, to M. G. Keating. To amount of account for printing as above, 3l. 10s." "Bevan Miscreant!!!—As it is necessary to go through the legal form of furnishing you with the item of my printing account (before placing you in the defendant's box in the County Court), herewith you have it, 3l. 10s. Unless the same be paid by 12 o'clock on Monday next, which I sincerely hope will not be done, it will empower my Counsel (one who knows your antecedents well) to demand answers to certain questions in your schedule, a copy of which will be produced in Court. (Signed) Michael George Keating, late of Her Majesty's Printing-office. P. S. In candour, I inform you my pamphlet is nearly out of the printer's hands. Amongst the numerous advertisements adorning the wrapper, will be a gratuitous one—'The Diddle-osit and General,' and the opinions of the press thereon!!! (See Reynolds' papers, &c.) Oh miacreant!!! next to the disgrace of ruining a man's domestic happiness with his wife, you have injured me!!! By false representations behind my back, you have succeeded in getting me out of Her Majesty's Printing-office!—and for what? For merely calling your 'man Friday,' an understrapper. I shall leave no stone unturned, now that I have nothing else to do, but to keep publishing to the world the pack of swindlers infesting your den. An extraordinary career has yours been!!! I know more than you are aware of; and if I cease in my endeavours to get you dismissed from the Deposit
(or burst its bubble), may the affection of my wife and four children desert me!!! and may they heap curses on my memory when I am dead. I live now but to return your kind act!!! You threatened to take me before a Magistrate!!! Bounce!!!—why do not you? Coward!!!—ah, my Counsel will skin you alive, make a regular hare of you. You have mistaken your dupe when you got hold of Michael George Keating. To the Insurance Butterfly, late the prison grub, Charles W. Bevan. Bevan, I prognosticate your career!!! If your position has been bad or doubtful heretofore, it will be worse shortly. You, whose luxury a roseleaf must not ruffle, and whose nerves are so delicately attuned that a harsh note will jar them! you shall yet feel the injury you have done me!!! I shall take pains to show to the world how you fleece your subscribers in proportion to their ignorance, and in proportion to the consciences of Drumlanrig, Bevan, and Norris!!! for I do believe all the Company is thus embraced. Your vaunting prospectus, and where now printed, and the private intimation of the several estimates sent in by your provincial dupes, with their several prices annexed; your presumptuous assertion at Oldham, to throw dust in the eyes of your provincial dupes!! ah, believe me, all will appear in my paper, of which there are already 80,000 copies ordered of the first edition for gratuitous distribution, by honest Companies, not Diddle-osits. I hate myself for wasting so much time on so worthless a thing as a 'grub' or a 'butterfly.' My last request is, if having the semblance of a man, you will carry your threat into execution, and bring me before a Magistrate, for asking the settlement of a paltry account. I have got a good friend at my back, one who knows a thing or two of you, and your antecedents. God's curse light on you!!! As you have injured me, but I shall repay the compliment." Addressed, "C. W. Bevan, Secretary of the Diddle-osite and General Bubble. Open, to be read by the porters, &c.")—my messenger brought that letter to me—on 2nd May I received this paper—it was in an envelope, which was not fastened—(read: "Bough copy. The Deposit and General Life Insurance Company, 18, New Bridge-street, Blackfriars. Resident Director, C. W. Bevan, Esq.—Opinions of the Press.—The Deposit and General Assurance office.—Our information respecting the Deposit and General, &c., &c. (Correspondents). See 'Reynolds's Newspaper,' March 5th, 1854.—The Deposit and General Life, &c.—We have now before us a letter sent by C. W. Bevan, addressed to Mr. Bland, of Northampton, &c, &c. (correspondents). See 'Reynolds's Newspaper,' March 19th, 1854.—How about the butcher?—Meeting of the Deposit and General Assurance Company at OLDHAM. See 'Manchester Examiner and Times,' March 1st, 1854.—W. L.—A gentleman connected with this Journal waited on Mr. Bevan, &c. &c., (see Reynolds's Newspaper, March 26th, 1854) for particulars about the disgraceful scene of the torn coat and the 'British Banner' newspaper. See Keating's Lecture on Life Assurance." "13, Took's-court, Chancery-lane. Now, Bevan, before I get Lord Drumlanrig to abandon your bubble, will you pay me? Believe me, you are earning a most unenviable notoriety. Reynolds—Verbum sap. You know what I mean. BY CHRIST!!! I shall feel a delight in returning the compliment. You, by false representations, got me out of H. M. P. O. I shall get you kicked out of the Deposit. I have got plenty of backers, too anxious to fasten on you. So you have purchased silence from Upper Wellington-street, Strand. Monster!!! I shall stick to you till I see you humbled. I am working slow, but quiet and sure. R. G. K.")—("To the Editor of the 'British Banner.' Sir, I lately delivered a gratuitous lecture at Anderton's Hotel on the subject of 'the
blessings attending the adoption of Life Assurance.' It is evident from the numerous attendance, and its freedom from partisanship, 'young' or 'old,' that the critiques in the journals are not altogether undeservedly rendered. It is painful to me to go into particulars, but in self-defence I feel bound to state the following facts. In Her Majesty's Printing-office there is a most admirable plan of education for the machine boys, reading boys, apprentices, and even adults (under the fostering charge of those amiable gentlemen, the Messrs. Eyre and Spottiswoode, H. M. printers). The 'readers' or 'correctors' on the establishment (of whom there is a staff of 25) each take a class, to contribute to the local 'treasury of useful knowledge.' I (as one of them) was solicited by Mr. William Spottiswoode to take the arithmetic class. I assented, but said I should prefer 'getting out of it' (as others had done) by giving a lecture; on learning my subject, 'Life Assurances,' Mr. Spottiswoode was quite pleased, and so the matter was settled to come off in the lecture room attached to the office on the following Wednesday. To be better up in my Subject, I sent my son over to the DEPOSIT OFFICE, in Bridge-street, Blackfriars, with my compliments, for one of their Prospectuses, as I heard they offered startling advantages. The Resident Manager asked who it was for, for what purpose, &c. He was answered. He forthwith requested an interview with me; I duly attended. He suggested—would it not be better to give it in some public room, as our lecture room was so small; to hire Anderton's large room, not to mind the expense; to order a supper for my friends as far as a dozen pounds would go, as he was most anxious for a public opportunity, under such auspices, of refuting some dark rumours relative to his own antecedents, and some charges against the Chairman of THE DEPOSIT. Further to induce me to yield to his request, he asked me (as he learned I was a printer) for an estimate for printing 100,000 Prospectuses of THE DEPOSIT (showing me at the same time, in private, the respective estimates for the same from Manchester, Liverpool, Oldham, Birmingham, and other places). The above estimates varied from 8l. 10s. down to 5l. per 100,000. He said, Do it for 6l. per 1,000 and you shall have an order for 100,000. I replied, I could do nothing in the matter without submitting it to my principals. I consulted them; they accepted the order, which is now being executed, on my recommendation at the time, but which I now regret for their sakes as well as my own. At Mr. Bevan's request, 500 copies of The Deposit (last year's) circulars were distributed to all employed in H. M. P. O., to induce some of them to insure. It was complied with. Two days after he saddled me with the responsibility of an assertion made by him at a meeting of his Company's shareholders at Oldham (see Keating's Lecture on Life Assurance), viz., 'That 300 of the compositors in the Messrs. Spottiswoodes' were about to join The Deposit after a careful examination,' &c., &c. This gave serious offence to my principals, who challenged me with it I wrote Mr. Bevan a strong note, condemnatory of his assertion, and as I wished to cease our brief acquaintance, to settle my account. I was met with evasion, and ultimately downright insult from himself and his understrapper Norris (Assistant Secretary), his former companion in the Queen's Bench. The result is, I was compelled to place the matter in the hands of my solicitor (Mr. Archer, Clement's-lane, City), who has instructions to proceed forthwith. It is lamentable, Mr. Editor, that the many responsible names figuring in the list of Directors of The Deposit should be so tarnished by being associated with that of Charles W. Bevan, Resident Manager. Surely chaos must be come again, or Lord Viscount Drumlanrig, M. P., P. C., Comptroller of Her Majesty's
Household, must have been misled, to allow his name to be associated with that of such a scamp as Bevan. The sooner his Lordship publicly disavows all connection with the 'DIDDLE-OZIT' or 'DEPOSIT' the better for himself, for he will stand higher in an Imperial point of view, than have his name dragged into County Courts and Lord Mayor's Courts all through the backslidings and antecedents of Charles W. Bevan, present Resident Manager, late Queen's Bench 'grub,' now the New Bridge-street Insurance 'butterfly.' I am, Sir, your obedient servant, M. G. Keating.")—that was left in an open envelope at the office—(another letter read: "13, Took's-court, Cursitor-street, May 7, 1854. Mr. Bevan,—Your collusion with Petter, my printer, to injure the sale of my pamphlet on Life Assurance I was not prepared for; however, as I have now in another printer's hands a second lecture, not yet delivered, to be published at one penny, nearly the entire of which will be analysation of The Deposit, and the antecedents of C. W. Bevan, as published in Reynolds's Newspaper of March 5th, 12th, 26th; April 9, 23rd, 30th; and this day, May 7, 1854, I must congratulate you on the good service you have unwittingly done me. This day week I lecture in Liverpool, visiting Oldham and other towns en route to Dublin, thence to the south, west, and north of Ireland, over to Scotland, home through the north of England; in each town I beg to inform you I have permission from my present employers to lecture on the relative merits of Mushroom Companies and Swindling Secretaries, in contrast to the security and stability of the Company I have now the honour to serve, upwards of forty years established. Believe me, Bevan, I shall give the Diddle-osit a lift. See Morning Chronicle, April 26, book advertisements; ditto Daily News, ditto; ditto Morning Advertiser; ditto the Times, April 27, ditto. Put the telegraph to work for leave to put up the shutters!!! or pay me (before I go on my journey) my honest account, amount 11l. 10s., costs 1l. 1s. 4d.—12l. 11s. 4d., and I shall cease to think of you or your Company. I leave on Tuesday. Country printers are not like Mr. Petter, as he declares himself your friend, and a shareholder in Dosit. Petter's solicitor informs me he had to indict you at the bar of the Old Bailey—my indictment shall grace the walls of every town I pass through, and the editorial sanctum of every journal published in such town; I am known on the country press. I thank you, Grub; your persecution has procured for me an appointment of 200l. a year, and 20s. per diem travelling expenses, with a carte blanche to choose my own route. Still I say, pay my wife my account, and I shall cease to think of you or your Company."—I received that letter through the post—I cannot say when, as one letter followed the other so fast that I put them in a drawer every morning, and sometimes two or three times a day I had them—I afterwards received this other letter, which purports to be a copy of one sent to Reynolds's Newspaper—(read: "A dashing-looking fellow, on his emerging from the Bench (after a remand from the Insolvent Court), thought, in the year 1852, that the best mode of supplying his necessities would be to open an Insurance-office for the receipt of moneys as Deposit in exchange for the sale of annuities, &c., &c. The plan was notable, but required assistance; and a coadjutor worthy his friendship was found in a fellow prisoner named N—r—is, expelled from the Secretary ship of a highly respectable Insurance-office for manipulation of its funds. These prison birds at once confederated together, and found no great difficulty in their way. The chief capital demanded by such an undertaking, on the part of the concoctors, was unbounded impudence; and on that of the public, unbounded credulity. Having joined their purses to produce a flaming
prospectus, and taken an office in Bridge-street, Blackfriars, their next plan was to concoct a Directory of gentlemen, who, while they attracted public attention, and seemed a pledge for the respectability of the Company, should yet mislead those who were not familiar with the financial world. This was an easy task, and in due time the most honourable names in London were openly published as being Directors, &c. Trusting to the faith of the public in great mercantile firms, there was scarce a banker, a brewer, or merchant, whose patronymic (but with different initials, or misspelling the name) was not used by these Jeremy Diddlers to forward their views. Everything thus prepared, they turned their attention to statistics; and here, again, there was no great obstacle. In order to procure business, it was necessary to offer tempting terms, so they liberally proposed to serve the public 30 per cent. lower than any other office, although, with all the existing competition, the greatest difference hitherto had been from 1 to 1 1/2 per cent.; and in addition to this, these bad men committed the glaring impudence of granting Life Assurances for much smaller premiums, and selling Annuities on much lower terms than any other office; terms so palpably wrong that a man aged thirty, by paying 1,000l., could obtain a Life Annuity of 80l., and by paying 17l. 10s. of this to insure his life, could receive 6 1/4 per cent for his Deposit, and secure his capital to his representatives. Having thus arranged preliminaries, and secured the Comptroller of Her Majesty's Household, M. P., as chairman, they opened their office and commenced business. They had the precaution to select respectable agents, and by giving a commission of 25 per cent. where other Companies only gave 5 per cent. thus stimulated the agents to say all they could in their favour. The terms were very attractive. There is always a large uninitiated class, ready and willing to be duped, and the business went on swimmingly. If a man wanted to insure his life, there was no difficulty about his health. If a man wished to purchase an annuity, they were quite willing to dispense with baptismal certificates in London, Dublin, Edinburgh, Glasgow, Oldham, &c., &c. Large and handsome offices were opened in Bridge-street, Blackfriars, for the reception of THE DEPOSITS of the unwary, and the public thus induced to play its part in this most serious drama of real life. The poor and less intelligent portion of the community, lured by terms which had never before tempted them, took their spare cash and deposited it in the safe (?) keeping of these worthies. Rich men were not less dazzled by the golden promises, and one person, who had toiled, and worked, and grown prematurely old in the service of mammon, invested his all in the purchase of an Annuity; and in order to secure the capital, insured with them his life. He is now a beggar!!! A family, which with great industry, and by doing without a servant for forty years, had saved enough to retire from business, deposited the principal portion in this Bank of Elegance just in time to be next day made acquainted, by public advertisement in the Times and other papers, that the Company (to keep the game alive) were about issuing 100,000 new shares, at a discount of 25 per cent. from the original shares, but that when the new shares had been paid for, their 'Deposit' would be refunded, &c., &c. A governess who had been left a small property, and bought a deferred annuity with the proceeds in this Bubble Company, lately died of a low fever and anxiety of mind by being 'bounced' out of her 'Deposit.' These prison birds, 'arcades ambo,' have availed themselves hitherto of every vehicle to publish their advertisements. The daily and weekly papers, the monthly and quarterly journals, all bear
un-prepaid testimony to the zeal of the Resident Manager, in the shape of shameless advertisements (for the payment of which the Directors have to be sued in the various County Courts in Great Britain and Ireland); but the walls of the provincial towns will shortly blaze with coloured posters, cautioning the unwary against being 'diddled.' Even now, not a single advertisement will get insertion in any paper, unless pre-paid. The 'Deposits' thus received are liberally spent. The noble Chairman, being a sporting character, backs 'The Spider' for 500l., and 'Johnny Walker' for another 500l., but in this latter battle (see Belts Life, May 7, under head 'The Ring,') fearing 'a cross,' directs the 80l. deposited on account, to be handed over to his 'Pet's' opponent. The Resident Manager keeps his saddle horses and carriage horses; servants in gorgeous liveries; fares sumptuously every day; lives in the house in Bridge-street, and, being of a convivial character, astonishes that quiet Assurance-street with gay parties, lighted rooms, musical soirees, and expensive dinners—the last, at Radley's, cost 200l.—of course, paid for out of his own salary!!! But there are dark rumours afloat since the publication of Keating's Lecture on life Assurance, which should make men hesitate before they give this fellow their countenance or support. It is known they have thrown some difficulties in the way of paying some annuities in the country; and that, without any justice, they have refused to discharge a Life Assurance claim which had become due; still, what is everybody's business is nobody's business, and they thought they had hedged themselves with such a conventional respectability, and gave such good dinners (at the policy holders' expense) that it was not till Mr. Keating had the nerve, single handed, to grapple with the bubble, that they were compelled to yield. So great was their prestige that, though he came fierce and furious, and bearded them in their own house, and before the very faces of their friends; though he told the ladies and gentlemen present he was swindled, and that their host was the swindler, ultimately he was compelled to resort to the Lord Mayor's Court for the recovery of a petty account for printing and hotel expenses paid out of pocket for this Resident Manager. The following extract from The Reformer will close this week's notice of the Diddle-osit: 'Some time ago there was sent to this office a series of advertisements in favour of The Deposit and General Assurance Company, which were entered and paid for in the regular course of business. We are cautious about admitting indelicate quack medical advertisements, but it never entered into our heads for one moment that an Insurance Company professing to be incorporated by special Acts of Parliment was, in truth, a quack Company, got up for the premeditated purpose of imposing upon the public in matters of life assurance and annuities. Hence the advertisements of the Deposit and General glided through our columns from time to time. But we were astonished this week to learn that it is a spurious mushroom Company, hatched in the Queen's Bench prison, about two years ago, by a pair of scamps bankrupt in character as well as in purse. Under these circumstances, our duty, we humbly conceive, is at once plain and decisive, and therefore we proceed to discharge it, for the sake of the public, whose faithful and unflinching servants we at all times profess to be. In a word, we raise our voice and warn the public against "The Deposit and General Insurance Company." It is a false and fictitious Company. In their policies of Insurance they take care to provide, viz., "That the capital, stock, and funds of the said Company shall alone be answerable to the demands thereupon under this policy." Why, what is the
value of their capital, stock, and funds, if, as we repeat, the parties them-selves, forming the said Company, are utterly worthless, being, in fact, no better than a parcel of tricksters in London, disowned, or repudiated, or condemned, by every respectable person to whom reference is made? There can scarcely, we think, be anything so base or so nefarious as taking "Deposits" or premiums from unsuspecting people, and making them believe they are secured against the contingencies of life, or the risk of fire, and then mocking them in their calamities when the Bubble bursts.'")—I cannot recollect how I received that, but it is most likely that it was left in the letter box—it was in a letter addressed to myself, but I always throw the envelopes away.
Prisoner. It went through the post; it took four stamps. Witness. I cannot tell whether it was open or enclosed, but it was left in the letter box; it never came through the post at all—yes, it was enclosed in a letter to me, threatening to publish it if I did not pay his bill—this paper accompanied the document (produced)—it was enclosed with this paper in an envelope directed to me, and left at my office (This being read, desired that payment of the defendant's account should be made to his wife before the Monday following, in default of which the paper would be published)—I received that in May—I had nothing whatever to do with the foundation of this Assurance Society; it was founded three years before I went to it—it is carrying on business in the regular way, and is in perfectly solvent circumstances—none of these imputations are founded on fact—I have had the misfortune to become insolvent, but I have paid thirty-one out of forty-seven creditors 20s. in the pound—I was appointed to this Company the moment I came out; I have got my schedule in my pocket, and I have made arrangements to pay the remainder of my creditors.
Prisoner. Q. Bid you give me any order to induce me to give the lecture at Anderton's hotel, instead of in the private lecture room? A. Certainly not—I did not send one of my clerks to you to say that I would be accountable for the postponement—you sent me your lecture; that was not at my request—I erased some scurrilous matter from it—I did not erase the name of Baylis and put in that of Bevan—to induce you to give the lecture at Anderton's I did not say, "Give me an estimate for 100,000 prospectuses," nor did I say 20,000 first—I know my own writing—this paper (handed to him by the prisoner) is my writing—I cut out about Reynolds—I did tell you that the day proposed for the lecture was my wedding day, and I asked you to postpone it, but I did not fix any day; you postponed it from the 6th to the 9th—I did not promise to pay your expenses—I did not change the place of the lecture.
Prisoner. Q. There is your own handwriting for it—did not you say, "When you do give your lecture, I do not mind the expense; send me in as many copies as you like?" A. No.
JOHN TRIM . I am servant to Mr. Bevan, at No. 18, New Bridge-street, Blackfriars. I found this letter of 1st April in the letter box, and wrote upon it this, "Found in the letter box"—this letter of 7th May the defendant's little boy gave me—it was closed, but there was no envelope; it was not wafered, sealed, or tied round, with anything.
JAMES WEST . I am porter at the Insurance-office—I found this other letter in the letter box; it was sealed—I believe Mr. Bevan was out at the time, and it was put on his table with whatever letters were waiting.
Prisoner's Defence. I felt myself very much aggrieved at the treatment I met with from the prosecutor, and perhaps I exceeded propriety, for when
paper is before me I scribble away; but as I am going to Turkey I am not likely to do it again, and I have two friends who will be bail for me.
GUILTY on 2nd Count. — Confined Three Months; and to enter into his own Recognizances in the sum of 50l., and two Sureties of 25l. each, to be of good behaviour for Twelve Months.
MR. ROBINSON conducted the Prosecution.
HOMER MORRIS . I am a seaman, and live in Grundy Ann-street, Poplar. On 19th Dec. I was coming down Ratcliff-highway, in company with a ship-mate named Johnston—we got into conversation with the prisoner—he said he was the owner of a ship—we all went to a public house in Wapping—the prisoner called for a pint of ale, and paid for it—there were three other persons in the room when we went in—shortly after we went in two of them went out, leaving the prisoner and another man there—another man came in after awhile, and he got in conversation about a dog that he had—there were then five of us in company—the last man came in soon after we got there—he said he had come up from the country to receive some money; that he went to an hotel, and had left a favourite dog of his there; that the dog was stolen, and that they had left a little lock and a string—he showed us the lock, and said there was no man in London who could open it—he said he gave a guinea for it—the prisoner was then in our company, sitting alongside of me—the man showed us the lock, and handed it to the prisoner, and then went out of the room—the prisoner then said that we would bet him a glass of brandy and water round that we would open it, and the prisoner and I opened it together—he said to me, "Take hold of it, and see if you can't open it," and between us we opened it—I opened it three or four times after that, and then the prisoner said, "We will bet him a glass of brandy and water round, if it is agreeable to the company"—the man that the lock belonged to then came in, and said, "I will bet you any amount of money that no man in the room will open the lock"—the prisoner took out a sovereign, and said, "There is a sovereign, I will stake this"—he asked me if I would bet anything—I said, "I have only half a sovereign about me, but I will bet that that I will open it"—I took out the half sovereign, and gave it to the prisoner—he handed it, with the sovereign that he had, to the man that the lock belonged to—that was after I attempted to open the lock—I attempted to open it and could not—it was to be opened while the man it belonged to was to count ten—he counted ten, and I could not open it, and the prisoner handed the money to him, and the prisoner then said to me, "Have you any more money? will you bet any more?"—I said, "I have no more money about me"—he said, "Can you get any more?"—I said, "I have a little more money at home, but I am living down at Poplar New Town, which is away from here"—he said that he would go and get some money from a friend of his, it was all in his way—we all five went out together—we went to Blackwall, and I went home and got a 20l. note—I got it cashed at Mr. Luff's, and afterwards joined the prisoner and the others in the East India-road—we went to a public house in Robin Hood lane—the man to whom the lock belonged then said, "Now we will commence"—one of the party that was to open the lock took out a note—there was a bet made—the man that was to open the lock said, "Give me the money, and I will keep it"—I betted 15l. with the man that the lock belonged to—I handed my money in, but the others did not put their money down—the prisoner betted—I do not know how much, he did not produce any money then—I
handed my 15l. to the man that was to open the lock, and he gave it to the prisoner, who was to hold the stakes—the man who was to open it said, "Bet any amount of money that you think fit, I will forfeit my head but I will open the lock"—that was the stranger that I had found sitting there when I first went into the public house—I at first offered to bet 10l., but the man that was to open the lock said, "Now bet any amount of money that you have got"—I said, "Well, I will bet 5l. more, that is all I will bet"—he tried to persuade me to bet more, but I would not—he was to open it while the man it belonged to counted ten—he commenced trying to open it, but could not, and when about five had been counted he handed it to me, and said, "Try if you can open it"—I could not—the man that tried to open it then said to me, "We will see you again in a few minutes," and they all three went out—I had paid my 15l.—the prisoner held the stakes—they all three went out together and never returned—I did not see anything more of the prisoner until a Friday in the early part of June—I then saw him in company with one of the other men—the other got away—I gave the prisoner into custody—when we were all in the room, one of the parties put down a note and took it up again—that was the man that was to open the lock—the prisoner was in the room at the time—I did not see what the note was, I do not know whether it was good or bad.
LAURENE BURGESS (policeman, H 190). On a Friday morning, early in June, I went to a public house with the prosecutor, where I found the prisoner—I charged the prisoner with having defrauded the prosecutor out of 15l.—he said, "He has made a mistake in the man"—I searched him, and found these three notes of the Bank of Engraving and three gilt medals—I said, "What is this you have here?" he said, "Oh, merely medals"—when I took out the notes, he said, "It is merely waste paper."
HOMER MORRIS (re-examined). The man I met with the prisoner was the man who had the lock, he got away while I was looking for a policeman—my shipmate Johnston was with me all the time at the public houses—he is at sea.
GUILTY . Aged 49.— Confined Twelve Months.
NEW COURT.—Monday, July 3rd, 1854.
PRESENT—Mr. Ald. CHALLIS; Sir ROBERTR WALTER CARDEN, Ald.; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fifth Jury.
MR. GIFFARD conducted the Prosecution.
SIDNEY HEDLEY WATERLOW . I am one of the firm of Alfred James Waterlow, and others, printers, No. 66, London-wall. The prisoner was in our service ten or twelve months; he collected advertisements for us—he has never accounted to me for 2l. received from Mr. Phillips on 1st Aug., or 4l. received on 10th Oct.
Cross-examined by MR. RIBTON. Q. Did you engage him? A. No, Mr. Lipscomb did—he was to collect advertisements on commission, to render an account monthly, on the 5th of the month, and to receive the sum due to him on the 15th—the commission due to him would be on the advertisements inserted in the month for which the account was rendered, to be inserted in the Northern Railway Times—no commission was to be due on advertisements prospective—if he got an order in June for advertisements to be inserted in July or Aug., or Oct., he would not be entitled to it—these
advertisements were paid for to a collector, who was authorized to collect them—the prisoner did not generally collect the money—the money for the advertisements was generally paid to the collector—if the prisoner came to us with an advertisement, there was generally a written order—we insert the advertisement in compliance with the order, and we send the collector to get the money—we give credit—if an advertisement is sent on 3rd July, it would not be inserted till Aug.—the money would not be due till Oct.—the accounts would be sent, and the collector would call in course—where there were no written orders there were verbal orders by the prisoner, who was the advertisement collector, and occasionally he would bring in money, but it was not his particular duty—in cases where he came to us with advertisements and no written order he did not render himself responsible for it, certainly not—we never booked an advertisement to him since he has been in our service—if he brought an advertisement to us we should take his opinion as to the person—he never paid an advertisement in advance to my knowledge.
GEORGE PHILLIPS . I am a tobacco pipe manufacturer, in Lyon-street, Caledonian-road—the prisoner has been in the habit of collecting advertisements from me, for the Northern Railway Times. On 1st Aug. I paid him 2l. by a cheque—this is it—on 10th Oct. I paid him 4l. by a cheque—this is it—he gave me these receipts for them.
Cross-examined. Q. Did you give him orders for the first advertisement? A. Yes, decidedly—the arrangement was to insert it six times for 2l., and I was to pay him in advance—I did not give him a written order—2l. was the first sum I paid him.
JOHN HENRY LIPSCOMB . I was clerk and cashier to Messrs. Waterlow till 1st Jan. last. I have not received from the prisoner 2l., as received from Mr. Phillips on 1st Aug.—he paid, on 10th Dec., 18s., as received from Mr. Phillips—he has not paid the balance of 4l. to me.
Cross-examined. Q. Were you at Messrs. Waterlow's when the prisoner came to collect for them? A. Yes, I was cashier, and received the money from the collector, Wilkins—I very seldom received money from the prisoner—I think the money he has paid me has been for one or two other cases, besides Mr. Phillips's—on 10th Dec. he paid me 18s.—this is the entry, "By allowance for duty, 3s.; by cash, 18s.; that was for advertisements inserted in Oct.—this is the commencement of Mr. Phillips's account—on 26th Sept. the prisoner paid me 14s. for a ready money transaction—this was paid as soon as the advertisement was inserted—he brought the verbal order for this in Aug.—I do not know that he paid this out of his own pocket—I understood he had got the money—these two were inserted in Sept, and he paid me this 14s.—there were some insertions in Oct., and for these he paid me 18s. in Dec.—in November there are three insertions not paid for, and in Jan., Feb., March, April, and May—he said Mr. Phillips was a friend of his, and I inserted it understanding as Mr. Phillips was a friend of his, it was to go on for several years, and he would see that Mr. Phillips paid it.
COURT. Q. Is there any different charge if it was paid ready money? A. No.
EDWIN BALL . I am at present cashier to the prosecutor. The prisoner has never accounted to me for 2l. received from Mr. Phillips on 1st Aug., nor for 3l. 2s. received on 10th Oct., or for any portion of the 4l.
Cross-examined. Q. Has he sent his own account in since 1st Jan.? A. Yes, he has given credit for bills—these are his accounts—this one is for
May—he gives credit here for 2l. 12s. 6d., that he had received from Mr. Phillips; that he debits himself with—here is the one for June; in June, he gives credit for 3l. 7s. 6d. for Mr. Phillips—there is now 2l. 1s. 9d. due to the prisoner, after debiting him with those sums that we charge him with embezzling.
MR. GIFFARD. Q. You assume that he owes your firm 6l. for these two receipts? A. Yes.
COURT. Q. Suppose you debit him the 2l. in Aug., and the 4l. in Oct., is there still a balance of 2l. 1s. 9d. due to him? A. No.
GEORGE PHILLIPS re-examined. Q. How much in the whole have you paid to the prisoner? A. Twelve pounds—I paid him two other cheques, 2l. on 11th Feb., and 4l. on 10th April—I was not a Mend of his; I never knew him till he came to collect advertisements.
NOT GUILTY .
MR. GIFFARD offered no evidence.
NOT GUILTY .
PLEADED GUILTY . Aged 16.— Confined Six Months.
PLEACED GUILTY . Aged 18.— Confined Twelve Months.
815. HENRY BARHAM and JOHN KNIGHT , burglary in the dwelling house of Joseph Oxford, and stealing 1 pair of boots, value 5s., his goods; and 1 pair of boots, and other articles, value 10s., of Sarah Noble.
SARAH NOBNLE . I am cook and housekeeper to Mr. Joseph Oxford, in Cornwall-place, Holloway. On the night of 11th June I went to bed about 11 o'clock; I had fastened all the doors—I came down about 6 o'clock the next morning, and found the back door open—some one had broken the window, and put in a hand and unbarred it—I saw the two prisoners running away in the garden, and Knight had two pairs of boots in his hand, one pair of mine, and one pair of Mr. Oxford's—when I came near him he dropped them—the other prisoner leaped over the wall with a basket—the boots had been safe the previous night in the kitchen—on the Saturday following, the policeman called me at 5 o'clock in the morning, and I went and picked the prisoners out from four or five others.
EDWARD JEFFERY (policeman, N 259). I received information of this robbery and a description of the prisoners, from the last witness—on the Saturday afterwards I took her to see about eight persons together, and she picked out the two prisoners.
Barham. I was down at my brother's till Monday; I had done two day's work the week after, and I know nothing at all about it.
Knight. I went down on the Saturday night to lie in the straw in the brick fields, and this policeman came and hit me with a stick three times.
SARAH NOBLE re-examined. Q. Had you seen either of the prisoners before? A. I had seen the little one (Knight) in the garden before, and I called Mr. Oxford to turn him out—I had not seen Barham before that
morning—I saw them running down the garden before me, and saw them go along the street.
Knight. The boy that I am here for, is Charles Dent; he is here in prison now.
COURT. I think it is better that Dent should be brought up.
(Charles Dent was brought up and placed at the bar.)
COURT to SARAH NOBLE. Look at this boy, Dent. Witness. I did not see him—I can swear to the two prisoners positively.
BARHAM— GUILTY . Aged 22.
KNIGHT— GUILTY . Aged 15.
(Barham was also charged with having been before convicted.)
JAMES M'GOUGH (policeman, N 375.) I produce the certificate of the prisoner's former conviction (Read: at Clerkenwell, on 14th Nov., 1853, Henry Barham was convicted on his own confession for breaking and entering a dwelling house, and stealing goods therein.—Confined Six Months)—the prisoner is the person—I had him in custody.
BARHAM— Four Years Penal Servitude.
KNIGHT— Judgment Respited.
MR. PLATT conducted the Prosecution.
MARY CETTINGS . I am single, and live in Westbourne-terrace, North Bayswater. On 21st June, about the middle of the day, I got into a Stratford omnibus at the Bank of England—shortly afterwards the prisoner got in, and sat down close to me on my right hand—about five minutes after he had been in, he held a sixpence across me to pay the conductor, and he put his foot very violently on my dress—I requested him to remove his foot—he said, "Oh, oh," but he did not remove it—before that I had had a purse in my possession; it contained 4s. 11d., but I did not know the amount at the time; it was all together—I had seen it safe just before I got into that omnibus—I had paid another omnibus, and it was then safe—in two or three minutes after treading on my gown, the prisoner got out—I then felt, and missed my purse—I said to the conductor, "My purse is gone"—the conductor went after the prisoner immediately, and brought him back—when he came back I accused him of taking the purse—he said I should be very careful how I accused a young man—he got into the omnibus again, and in the course of a minute, he said, "There is your purse," pointing to where I was sitting; and he said, "Did you see me drop it?"—I had before this moved to the end of the omnibus, and looked on the floor of it, and there was not any purse—there was only one lady in the omnibus—when the prisoner first got into the omnibus another person got in with him, and sat next to him on the other side.
Cross-examined by MR. RIBTON. Q. There was one lady sitting in the omnibus? A. Yes, at the other end—she was there when the prisoner came in—there was no straw on the floor of the omnibus—I cannot recollect whether there was anything, I have a bad memory—I had been paying the Kensall-green omnibus just before this, just before I got to the Bank, and I had put my purse into my pocket—my pocket was on the right side of my dress—I was sitting by the door in the omnibus—there was a gentleman sat opposite to me—he did not remain a minute after I got in—when the prisoner pointed to the purse it was not amongst hay or straw—there was no hay or straw; it was the floor, or something which fitted tightly to
the floor—there was a man on the other side of the prisoner—he got out directly after the prisoner got out—after the prisoner got in again he did, not sit near me—the other man got in again before the conductor came back—I went up to the top of the omnibus and shook my dress to look for the purse, and I had not it—this is my purse.
MR. PLATT. Q. When the other man got into the omnibus again, could he see the prisoner coming back with the conductor? A. I do not know.
GEORGE HUMPHREYS . I am conductor of a Stratford omnibus. The last witness got into the omnibus about half past 1 o'clock that day—I went on my journey, and between Cornhill and Leadenhall-street the prisoner got in—I am not aware that any other person got in with him—when we got to the corner of Houndsditch the prisoner gave me a sixpence—I gave him some coppers, and he got out and went down Houndsditch—shortly afterwards the last witness stopped me, and said something—I went after the prisoner, and asked him to come back—he said he had paid his fare, and he asked what I wanted him for—when I got back to the omnibus, the lady was sitting inside, and she accused him of having robbed her of her purse—the prisoner got in and sat down—I saw him drop a puree in the omnibus, close to the lady—this purse resembles it—after dropping the purse, he said to the lady, "Dear me, Ma'am, there is your purse on the ground"—he wanted to leave, and get away, but I would not let him—I had four passengers altogether; two ladies, and one gentleman, and the prisoner.
Cross-examined. Q. How long before the policeman came, did you see the prisoner drop the purse? A. About three minutes—during that time he was in the bus—I saw the purse on the ground—I do not know who took it up; some one did—I was outside, standing on the ground, and the door was shut—the prisoner was sitting down when I saw him drop the purse; I was outside then, and the door was open—I shut the door to keep him in—I am sure I saw him drop the purse, and I heard him say, "There is your purse"—I did not say to the lady that I saw him drop it—I was confused—I did not like that such a thing should happen in my bus—I continued confused till the constable came.
The prisoner's statement before the Magistrate was here read, as follows: "I hope you won't send me to trial; he has made a mistake in his statement; I went a long way down when he came up and spoke to me; I went back, and the lady accused me; I said, 'Perhaps you have dropped it;' she looked about and found it; the conductor never said anything about my throwing it down till the policeman came up."
GUILTY. Aged 25.—Recommended to mercy by the Prosecutrix — Confined Three Months.
JOHN WALLER . I am carman to Messrs. Price. Last Friday I was standing at Mr. Day's counting house, at the corner of Love-lane, Eastcheap—I saw the prisoner on the other side of the way take a handkerchief from a gentleman's pocket—I went over and accused him of it, and when I said that, the prisoner said that I tried to rob him of a handkerchief—the policeman came up, and he said he could not settle it; we must go to the station and settle it—the prisoner had the handkerchief on his left side, between his coat and waistcoat—in going along to the station he told me there were
too many of my sort in the country, and he could have a four years' character; and ho would get rid of me, and if he had two of his pals he would give me a good drubbing.
GEORGE BARFIELD (City policeman, 555). I was on duty in Eastcheap—the last witness called me—he had the prisoner by the collar, and he said he saw him take this handkerchief from a gentleman's pocket—the handkerchief was then in the prisoner's breast between his coat and his waistcoat—when the witness said he had seen the prisoner take the handkerchief from a gentleman's pocket, the prisoner turned round and gave the witness in charge for trying to take a handkerchief from him—I took them both down to the station—the prisoner said he lived at No. 3, Coppice-court—I went there, and could not find him.
Prisoner's Defence. He stated at the Mansion House that he never took the handkerchief from my breast; he told me I had picked a gentleman's pocket; I said I had not picked any gentleman's pocket; he struck me in the face two or three times, and he said to the officer that he had tapped the gentleman on the shoulder.
GUILTY .* Aged 18.— Confined Twelve Months.
OLD COURT.—Tuesday, July 4th, 1854.
PRESENT—GEORGE CARROLL, Knt., Ald.; Mr. Ald. CHALLIS; and Mr. RECORDER.
Before Mr. Recorder and the Second Jury.
818. JOHN HIVES , stealing 3 umbrellas, value 2l. 5s.; the goods of James Morrisson and others: also, unlawfully obtaining, by false pretences, 6 merino shirts, value 15s., and 12 shirts, value 30s.; the goods of James Morley and another: to both which he
PLEADED GUILTY. Aged 16.—Recommended to mercy by his master. —(MR. EDGAR, who appeared to prosecute one indictment, stated that there were nine other similar charges brought against the prisoner when before the Magistrate. The prisoner's father gave him a good character, and promised to take charge of him.)— Confined Three Days.
819. MICHAEL HEALEY , burglariously breaking and entering the dwelling house of John Cook, and stealing therein 7s. 7d., his money: also, stealing a certain mixture of gin and cloves, value 20s.; the goods of William Shilling, his master: to both which he
PLEADED GUILTY . Aged 20.— Confined Twelve Months on the first indictment, and at the expiration of that period, Three Months on the second indictment.
PLEADED GUILTY.** † Aged 16.— Confined Six Months.
821. THOMAS WILLIAMS and JOHN HUMPHRIES , burglariously breaking and entering the dwelling-house of John Lindsay Reed, at Willesden, and stealing therein 1 teapot, 2 shirt studs, and other articles, value 3l. 10s., his property; and 1 shawl, 2 bed gowns, and 1 pair boots, value 15s., the goods of Jane Gillie; and 1 shawl, value 10s., the goods of Mary Jane Gillie.
THOMAS JENKINS (policeman, D 28). On Sunday, 18th June, I was on duty in the Harrow-road, between 5 and 6 o'clock in the morning, and saw the prisoners—Williams had a bag on his shoulder, and Humphries had something under his left arm—I called sergeant Warren, and we went after them; they were going towards London—we stopped them in Old Church-street, 200 or 300 yards from where I first saw them—they had seen me before, because I was standing at the post at the corner of Hermitage-street—I asked Williams what he had in the bag—he said, "It is my own, I bought it and paid for it at Harrow"—he said, "I have got two loaves, a dish, a pair of old shoes, and a shirt; you can look at them"—I told him I doubted about his buying them, and he must go to the station with me and tell the inspector—he said, "I am b—d if I do, you shall carry me first"—I took hold of him, he resisted, and we both fell together; on Paddington-green we had another fall—I eventually got him to the station, searched him, and found a female's nightgown over his shirt, and a coat and waistcoat underneath the coat and waistcoat he has on now—also a brass watch chain, a purse containing 9s., and he had on a pair of Wellington boots—I afterwards examined the premises of Mr. Smith, No. 7, Kilburn-terrace—I found marks on the soft mould in the next garden which had been done over on the previous night—these two odd shoes (produced), which I found in the bag, corresponded with the footmarks—I compared them first by putting them into the marks, and then made a mark by the side.
WILLIAM WARREB (police sergeant, D). I was called by the last witness, and pursued the prisoners—we came up with them—Jenkins took Williams; I seized Humphries by his cap, he left it in my hand and ran away—I never lost sight of him—he was stopped by another constable, carrying this teapot under his arm, in a handkerchief—I said, "What made you run away?"—he said, "Because I did not want to be taken to the station; the teapot belongs to my sister"—I took him to the station, and found he had on these two shirts of Mr. Reed's over his own shirt, this shirt stud in his jacket pocket, and these women's boots, one in each jacket pocket, a silk handkerchief on his neck and another in his pocket—one of them was given up to him at the police court, a blue one; this is the other (produced)—he also had 3s. 2d. or 3s. 4d., a knife, and a common latch key, which I have tried to the door and it does not fit—he said at the station that they were living at Harrow, and we should not find out where, and if we did, that they had sloped the lodging, and the old bloke would not prosecute—I afterwards went to Mr. Reed's, No. 7, Kilburn-terrace—I examined the kitchen window; the fastening was broken, and hanging down.
Humphries. Two policemen kissed the book, and the Magistrate caught them in the biggest lies that ever were told.
MARY JANE GILLIE . I live in service with Mr. Reed, of No. 7, Kilburn-terrace. On Saturday evening, 17th June, I shut the kitchen window, between 5 and 6 o'clock—that window looks into the back garden, behind which is Mr. Smith's garden—the cook and I were the last persons up—we went up stairs together—the house was then closed—the cook closed the doors—the cook was down next morning before me—I came down about 8 o'clock, and found the kitchen window open, and the drawers—I missed two shirts, four towels, and a teapot of Mr. Reed's, and a shawl of mine—I know this teapot by the pattern, I have not noticed any mark on it—I have used it—these shirts have Mr. Reed's name on them—the teapot was left on the kitchen table—I missed two pair of boots of Mr. Reed's and one pair of the cook's—these (produced) are my master's boots—they had a mark on the sole before they had been in the mud—I am the niece of the cook.
MARY JANE GILLIFE . I am cook in Mr. Reed's service. I shut up the house about 12 o'clock on this Saturday night, and I and my niece went to bed—the house was then quite safe—I came down in the morning about 7 o'clock or a quarter past, and found the doors all open, and the back kitchen window wide open—this shawl (produced) is mine—it had been behind the front kitchen door—I know it by some holes in it—the kitchen drawers were wide open—I know this teapot, and believe it to be my master's—this nightgown is mine, here is my name on it—I missed a dish like this; it is a very common one, there was some pie in it.
JOHN LINDSAY REED . I am a barrister; my house is in the parish of Willesden. I was alarmed by my cook—I believe these to be my boots, they are exactly like what I lost—I lost some studs; this produced is one of them.
William's Defence. On Saturday night we left our work, got our money, and were coming to London; at the bottom of Wimley-hill we met four men, who asked us if we had any money, and if we would buy a couple of good shirts; we gave 3s. for them, and then we bought some more of the things of them; they asked 6s. for them, I offered them 3s. 6d., and they took it; one man said, "Put them out of sight;" we then said we would not have them, threw the things down, and said we would follow them; they said that if we did they would knock the life out of us; some policemen asked us what we had; we showed them, and they said it might be so; afterwards this policeman met us.
Humphries's Defence. I had been at work, and got the sack on Saturday night; we met four countrymen at the foot of Wimley-hill, who said, "Have you got any money?" I said, "Yes;" one said, "I will sell you some things, a couple of good shirts, a pair of shoes, and a teapot;" I gave him 3s. for them, and then they offered us some more things for 6s., and let us have them for 3s. 6d.; they then said, "Take care of yourselves, mind you do not get locked up for the things; "I said, "Have they been stolen?" he said, "Yes;" I said, "Give us our money back:" he said, "No;" I said, "Give us half of our money back;" he said, "No," and that if we followed him he would knock the life out of us; coming home we met two policemen, who searched us, and let us go on; as we passed the station there was a policeman, with a pipe in his mouth; we walked by him, and were not frightened of him, knowing that we had not stolen the things; but when we got into Old Church-street he ran after us, and took us to the station; they also took a boy, but the Magistrate let him go, and retained us to take our trial; one of the policemen said he saw me at the latter end of last month, but I was in prison at that time.
(Humphries was further charged with having been before convicted.)
GEORGE FATHERS (policeman, A 374). I produce a certificate (read—Middlesex Sessions, 1853: John Humphries, convicted of stealing lead, fixed in a garden; confined six months)—I was present—Humphries is the person.
HUMPHRIES—GUILTY. Aged 17.— Confined Twelve Months.
822. THOMAS WILLIAMS and JAMES HUMPHRIES were again indicted for stealing 8 towels and 1 bag, value 3s.; the goods of Hubert Turner; and 2 loaves, 4 lbs. weight of bread, and other articles; the goods of Mary Eggleton.
18th June I went to bed about 11 o'clock; the house was then quite safe—I came down on Sunday morning, between 8 and 9 o'clock, drew up the kitchen blind, and saw things lying about the yard in all directions—I missed four aprons, five cloths, and two loaves out of the safe in the back yard, which had not been locked; one was whole, and the other had been cut—I also missed from the safe some flour and butter; also this bag (produced), which had been in the kennel in the yard—it is Mr. Turner's; there is no mark on it—the loaf I missed was cut like this one (produced)—I have not seen the aprons and cloths since.
THOMAS JENKINS (policeman, D 28). I met the prisoners in the Harrow-road—Williams was carrying this bag—there was flour in it, and these two loaves—there was another party apprehended, but they were obliged to let him go, as no property was found on him.
WILLIAMS— GUILTY . Aged 21.— Confined Twelve Months.
HUMPHEIES— NOT GUILTY .
MR. PAYNE conducted the Prosecution.
JOHN HEDGES . I am a coal dealer, of Cambridge-street, Agar-town. On 19th June, a little before 4 o'clock in the morning, I was in bed with my wife, and heard the window raised up; I then heard a scroop, rose myself up in bed, and saw the prisoner three parts in at the window, with a toy box in his hand, which had been on the table when I went to bed—I jumped out of bed, and said, "You vagabond, what do you do here?"—he threw it down, and out he tumbled at the window, which was on the first floor, and was ten or twelve feet high—I went to the window, and saw him pick himself up and run away—I slipped oh. my trowsers, ran after him, and caught him in Cambridge-place, 300 or 400 yards off—he was stooping, and burying these scissors (produced) in the ground, hiding them; it was a vacant place, near an iron tank—I touched him on the back, and said, "You come back with me; I have got you"—I picked up the scissors, and he said that they were not mine—I said, "I know they are not"—he said that they were his—he walked back a few yards with me, and I called a constable—the prisoner then said, "You mean to give me in charge?"—I said, "Yes, I do"—he said, "For God's sake, don't; do pray forgive me; think of my poor father and mother; what will they say of me?"—finding that I intended to give him in charge he began to fence with me, and ran away—I ran after him, cried "Stop thief!" and a constable stopped him—I had shut the window myself before I went to bed—it is my dwelling house, and is in the parish of St. Pancras.
Cross-examined by MR. HORRY. Q. How did he get up to the window? A. He got a fruit basket, and put it into the shutter case—I saw his head and body in at the window—the iron tank is 200 or 300 yards off—I went down by the door, and the prisoner got the start of me, but from the window I saw him go out of my yard, and run out at the gate—I saw him perfectly.
MR. PAYNE. Q. Are you sure that the person who you saw down stairs and in the road, is the person who you saw by the tank? A. Yes; it was broad daylight, 4 o'clock in the morning.
ALFRED TUCKWELL (policeman, S 199). I was coming down Old Gloucester-street at ten minutes past 4 o'clock in the morning, and heard a cry twice—the prisoner came running in a direction from the prosecutor's house—I stopped him; Hedges came up, and gave him into custody.
Cross-examined. Q. Where you took him was it in a straight line from the house? A. No, but it was in the direction—on searching him I found a small knife and two lucifer matches—he did not come towards me, but as soon as he saw me he turned, and I ran after him.
(The prisoner was further charged with having been before convicted.)
ALFRED HALEY (police-sergeant, S 15). The prisoner was given into my custody in Jan., 1853—I was present at his trial, and produce a certificate of his conviction—he is the person mentioned in it (read—Clerkenwell Sessions: John Healey, convicted Feb., 1853, of housebreaking; confined twelve months)—he had then been previously convicted of breaking a square of glass, with a felonious intent.
Prisoner. I never was in prison but once in my life; I was tried at Clerkenwell, and came out last Feb.
GUILTY.**— Four Years Penal Servitude.
WILLIAM WICKENDON . I live at No. 4, Great Carter-lane. On 6th June the prisoner applied to me for a truck, about a quarter past 5 o'clock, and gave the name of Davidson—I had previous knowledge of him, and let him have one—he said he was going to put paper in it, and I gave him a wrapper with it—I was not there when he brought it back—he afterwards had trucks of me on two or three occasions.
Prisoner. Q. How did you have a previous knowledge of me? A. I knew you as having lived with Mr. Davidson, the music publisher; you told me you lived there, and I believed you did—I have seen you there, I cannot say when—I have known Mr. Davidson twenty-five years.
THOMAS DEIGHTON . I am fourteen years old, and live at No. 7, New-street-square, Fetter-lane. On 6th June I was in Farringdon-street with another boy, Stokes, and saw the prisoner—he asked us if we wanted any jobs—I went with him to Mr. Wickendon's, to get a truck; we then went to Queenhithe, and he gave me something in an envelope, and told me to take it to Tyler's—I took it there, saw Mr. Collins, and received from him four reams of paper—the prisoner stopped at the top of Queenhithe—we then went with him to London-wall, and he took the paper into a pawnshop up a court there—he gave us 6d. each, told me to take the truck home, and gave me 6d. to pay for it.
JOSEPH COLLINS . I am clerk to Messrs. Venables, wholesale stationers, of Queenhithe. This invoice was not delivered to me in an envelope, it was directed to Mr. Tyler, one of the members of the firm, who sent it to me by the boy to execute—it was then open—I know Mr. Trounce, of Cursitor-street; he is a customer of our house—he had been in the habit of sending for paper of this description, and I executed the order without any hesitation—I delivered twelve ream—I know nothing of the prisoner; Mr. Trounce's name was sufficient guarantee for us (order read: "June 6, 1854. 12 reams, Q. R, 6, 12. Sir,—Please to send by bearer 12 reams of demy, about 16lbs., if you have any that weight; if you have not, send me something near it. W. Trounce.")
WILLIAM TROUNCE . I am a printer, of No. 9, Cursitor-street, Chaneery-lane. The prisoner was in my employment, and left on the day after Good Friday—he managed a printing machine for me—he has been present when I have written orders for paper to Venables and Co., and I think on one occasion he took an order for me to them—this order is not in my writing, nor did I authorise the prisoner to write it for me.
Prisoner. Q. When did I take an order for you to Venables? A. I am not quite certain that you did, but I think it was two months after Christmas—you have urged me to send for paper, saying that we should want it very soon—you have stood over me when I wrote orders.
Prisoner's Defence. I know nothing at all of the notes; Mr. Trounce has seen me write, and if he says that is my writing, I have done.
GUILTY** of uttering. Aged 22.— Confined Eight Months.
(There were two other indictments against the prisoner.)
NEW COURT, Tuesday, July 4th, 1854.
PRESENT—Mr. Ald. MOON; Sir ROBERT WALTER CARDEN, Knt, Ald.; and RUSSELL GURNE, Esq.
Before Russell Gurney, Esq., and the Sixth Jury.
PLEADED GUILTY . Aged 66.— Confined Nine Months.
OSWALD PLEADED GUILTY . Aged 15.
HUGHES PLEADED GUILTY . Aged 16.
Confined Six Months.
MESSRS. ELLIS and W. J.PAYNE conducted the Prosecution.
SAMUEL JARMAN . I am a clerk to the Solicitor of the Treasury—I produce a certificate of the conviction of John Barnes, which I got from Mr. Clark's office (read: At this Court, on the 4th of April, 1853, John Barnes was convicted for unlawfully uttering counterfeit coin, and Confined Six Months.)
JAMES DAVIES . I keep a coffee stand, at Park-side, Knightsbridge. On Saturday night, 17th June, the prisoner came to my stand about 12 o'clock at night, with a companion with him, for two cups of coffee; I served him; they came to 2d.—he offered me a bad sixpence; I noticed it to be bad—I bent it; I bent it back again, and told him it was bad—I put it on the board of my stall—the prisoner's companion paid for the coffee—the prisoner took the sixpence and carried it away.
JOHN RICKARDS . I assist Mr. Harris, who keeps a coffee stall at Hyde Park-corner. On Sunday morning, 18th June, I saw the prisoner opposite the Duke of Wellington statue—he came to our stall about a quarter past 12 o'clock; he asked for a cup of coffee; I served him—I knew him by his coming to the stall before—he gave me a bad sixpence to pay for the coffee—I looked him in the face and recognised him—I put the sixpence in my mouth, and broke it—I said to him, "Do you know what you have given me?" he said, "Yes, a sixpence"—I said, "Yes, it is a bad one"—he said "No"—I turned round and called Mr. Harris—I put the two pieces of the sixpence in Mr. Harris's hand—Mr. Harris told the prisoner about it, and they went aside from the stall—the prisoner did not pay me; for the coffee.
JAMES HARRIS . I received from Rickards two pieces of a sixpence—I put a small piece in my mouth and bit a small piece off it, and made it into three pieces—I heard the witness say the prisoner had given him a bad sixpence; the prisoner said he had not—when I found it was bad, and knowing the prisoner, I seized him—he struggled a little with me, and I lost the small piece of the sixpence—on taking him across the road, he offered me a good sixpence, which I took, and gave that and the pieces to the officer.
GEORGE SEARLE (policeman, A 248). I took charge of the prisoner on 18th June, early in the morning—Mr. Harris gave me these two pieces of a counterfeit sixpence, and this good sixpence—the prisoner gave his address, but he gave no number.
Prisoner's Defence. The night that I was given in charge for this bad sixpence, I had had a great deal to drink; if I had a bad sixpence I was not aware of it; I went to have a cup of coffee at the stall; he told me it was bad, and I gave him another; I drank the coffee, and would not go without my change; he came and took hold of me, and gave me in charge; I had had so much to drink, I did not know what I had till I was taken to the station.
GUILTY . Aged 23.— Confined Eighteen Months.
MESSRS. ELLIS and W. J.PAYNE conducted the Prosecution.
JOHN BAKER (policeman, C 108). I produce a certificate, which I got from Mr. Clark's office—(read: At this court, on the 19th Sept., Maria Davis was convicted for uttering counterfeit coin, and Confined Six Months)—I was present—the prisoner is the party who was then tried and convicted.
WILLIAM POULTER . I am barman to Mr. Hubbard, who keeps the Globe, in Holborn. On 13th May, the prisoner came for half a quartern of rum; she gave me a half crown; I gave it to my master—he cut it, and gave it to the policeman—I saw that what he cut was what the prisoner gave me—the prisoner ran out and left her bottle behind her—my master followed her; she was brought back by the policeman.
HENRY SAMUEL HUBBARD . I keep the Globe—I received the half crown from Poulter, and cut it; the prisoner was by—she then left the house—I followed her, and gave her in charge to the policeman; I gave him the half crown.
CHARLES THOMAS PRICE (City-policeman, 226). The prisoner was given into my custody on 13th May—I got this bad half crown from Mr. Hubbard—the prisoner was discharged by the Magistrate, as there was no other charge against her.
Prisoner. There were some duplicates taken from me, which have not been given back to me.
Witness. There were some taken from her.
ALEXANDER LYONS . I am a baker, and live at No. 44, Museum-street, Bloomsbury. On Thursday, 1st June, I saw the prisoner in my shop in the evening; she asked for a half quartern loaf—I served her—she put down a half crown; I had put down the two shillings, and I called my
daughter; she discovered that the half crown was bad, and she caught it up, and I caught up my two shillings—the prisoner did not get them—my daughter laid hold of the half crown, and bent it immediately—I kept it, and gave it to the policeman—I questioned the prisoner where she got the half crown, and how, and she told me that she got it in Newgate-market; and then she told me another story; she told me so many different things, that I was induced to give her in charge.
Prisoner's Defence. I was not aware that they were bad.
GUILTY . Aged 50.— Confined Eighteen Months.
MESSRS. ELLIS and W. J. PAYNE conducted the Prosecution.
HANNAH STRATFORD . On Monday, 12th June, I was assisting my brother, Mr. Stratford, at his shop, No. 12, Well-street, Mile End—on that evening the prisoner came and asked for half a quartern loaf—I served her—the price was 4 1/2 d., she gave me a shilling—I gave her change, and put the shilling into the till—there was a 2s.-piece in the till, but no other shilling—about half an hour afterwards the prisoner came again and asked for a quartern of butter, it came to 1 1/2 d.; I served her—she gave me a shilling, I gave her change, and put the shilling in the till—about half an hour afterwards she came again—I had put nothing in the till between the times of her coming—she came a third time and asked for something, I cannot call to mind what, and she gave me a shilling; I gave her change and put that shilling in the till; I had not put any money in the till but those three shillings—the prisoner then left, and in the course of the evening Mr. Smith came for some money that my sister owed him for butter—I took the three shillings out of the till, with the 2s.-piece, and went in the parlour and put it on the window ledge to my sister-in-law, Eliza—from the time the prisoner first came till I took this money out of the till, no other money had been put in it—when Mr. Smith came I passed the money to my brother's hand, and saw him give it to Mr. Smith the butter man—the next day Mr. Smith came again, and brought three bad shillings; he said he thought I was playing a lark with him to give him these three shilling—I took them and placed them in the window to my sister, and I gave Mr. Smith good money—I marked the bad shillings, and gave them to the policeman.
JEMES SMITH . I am in the service of a cheesemonger. On 12th June I saw the last witness, and Mr. Stratford gave me a florin and three shillings; I wrapped them in a bit of paper, and the next morning I found the three shillings were bad; but not the florin—I went to Mr. Stratford's in my dinner hour, and took the three shillings—I saw the last witness take them up.
ELIZA STRATFORD . On 13th June I saw the prisoner, she came to my shop about 11 o'clock in the morning for some eggs and milk, and spice, which came to 3 1/2 d.; she gave me a shilling, I gave her all coppers in change; I put the shilling into the till—there was no other shilling there—I saw Mr. Smith come between 1 and 2 o'clock, he brought the three bad shillings back—between 2 and 3 o'clock I took the shilling out of the till that I had put in—there was no other shilling there—I gave it to my husband: he said it was bad, he gave it me back again; I put it in the window,
but I did not mix it with the other three—the prisoner came again about half an hour afterwards and bought something, and gave my husband a good shilling—she came again afterwards and had some coffee, and eggs, and milk—I knew her again—she brought me a bad shilling—I told her she had given my sister three bad shillings the day before, and that was the second she had given me that day, and I should give her in charge—she said, "Do so"—I gave the last shilling and the shilling that I had placed in the parlour window to the policeman, and the other three.
HENRY CHAERLES STRATFORD . On Monday night, 12th June, Mr. Smith came to my shop; I gave him three shillings and a 2s.-piece, which had been given to me by my sister Hannah—the next day I saw him come, and bring back the three shillings; they were given to Hannah—on that day my wife gave me a bad shilling; I gave it her back, and she put it on the window ledge.
EDWARD HOWLAND (policeman, H 89). On Tuesday, 13th June, I went to Mr. Stratford's—Mrs. Stratford gave me these two shillings, and Hannah Stratford put these three shillings on the counter; she marked them, and I took possession of them—I took the prisoner.
Prisoner. I went on the Tuesday for some milk, and gave a shilling; I went again in the afternoon, and she said I had been in the shop before, and I said, "Give me in charge;" I waited till the policeman came.
JURY to HANNAH STRATFORD. Q. What was the change you gave the prisoner? A. Coppers on each occasion—I had been serving in the shop all the time, and took nothing but coppers, and no other shilling was put in the till.
GUILTY . Aged 24.— Confined Nine Months.
PLEADED GUILTY . Aged 25.— Confined Twelve Months.
MESSRS. ELLIS and W. J. PAYNE conducted the Prosecution.
JOHN BORLEY . I am a grocer, and live in Cromer-street. On 10th June the prisoner came for a slice of bacon—I think it came to about 4 1/2 d.—she gave me a shilling—I noticed it—it was a bad one—I put it into my pocket, where I had no other money—the prisoner went away, and she came again in the evening and wanted more bacon—she said she found it so good she hoped it was not all sold—she had some, and she gave me another bad shilling—I told her so—she said she did not know it, and she would go home and come back directly—she went home and came back, and brought a penny to pay for the sugar, but she could not pay for the bacon—she said she would come for that when her husband came home—I sent for a constable and gave him her address—he went and took her.
Prisoner. I came three times to your shop. Witness. Yes, you did—I am not aware that you had dealt with me for two years—you may have been there—I did not call you by your name; I did not know it.
SAMUEL WELLER (policeman, E 157). I was in Cromer-street—I went to Mr. Borley's, and he directed me to go to a house—I went, and the prisoner refused to let me in—I put my foot against the door and broke it open—I found the prisoner in the room, and no one else—I told her what she was charged with—she refused knowing anything about the two bad shillings, and she refused at the station knowing anything at all about them—the next day, at Clerkenwell, she told me her nephew had given it to her, and she was in very great distress or she would not have done it.
NOT GUILTY .
MESSRS. ELLIS and W. J. PAYNE conducted the Prosecution.
ELIZABETH PLOWMAN . My husband keeps a beer shop, in Leonard-square, Shoreditch. The prisoner came one day for half a pint of beer—I served him—it came to a penny—he gave me a 4d. piece—I gave him 3d. change—I put the 4d. piece on a shelf where there was no other money—when my husband came in I gave him the 4d. piece; he bit it, and the edge fell off—he gave it to me back, and the piece of the rim—I put it on the shelf, where there was no other money—I saw my husband give them to the constable—on 14th June the prisoner came, about half-past 10 o'clock in the evening—he had half a pint of half and half, which came to 1 1/2 d.—he gave me a shilling—I said it was bad; he said he was not aware of it—I said it was bad and I should lock him up, and I called in an officer—the prisoner offered me a good shilling, but I would not take it—I said he had been in the house before and given me a bad 4d. piece—he said he was sure it was not him.
Prisoner. Q. How long was it before the shilling was offered that I offered the 4d. piece? A. A fortnight or three weeks—I did not swear it was a month.
JOSEPH PARGETER (policeman, G 215). On 15th June I was called to Mr. Plowman's, and found the prisoner there—I took him into custody—I told him he was charged with uttering a bad shilling—he said he was not aware of it—when he was coming out of the door he said, "I am very sorry; I would not mind giving you anything to let me go"—I found a good shilling on him—I received this shilling and 4d. piece from Mr. Plowman.
NOT GUILTY .
PLEADED GUILTY . Aged 67.— Four Years Penal Servitude.
PLEADED GUILTY. † Aged 25.— Confined Eighteen Months.
PLEADED GUILTY . Confined Nine Months.
836. CHARLES DENT, JAMES HUBBARD , and PETER WOOLSEY , burglary in the dwelling house of Mary Ann Cordell, and stealing 2 sheets, and other articles, value 23l.; her property: Dent and Woolsey having been before convicted; to which
DENT PLEADED GUILTY.† Aged 18.
WOOLSEY PLEADED GUILTY.† Aged 18.
Four Years Penal Servitude.
MARY ANN CORDELL . I am a widow; I live at Islington and am a laundress. On the night of 18th June I went to bed about half past 12 o'clock—I had fastened the house—I heard a noise about half past 4 o'clock—I got up, and went to bed again—I was awoke by my servant—I went down, and found the greater part of the property which I had placed in the passage over night was gone—the kitchen window had had the glass cut, and they had unfastened the window by that means—it had been fastened the night before—the property I missed was worth about 25l.—this is a part of it.
SAMUEL PALMER . I live in Cock-and-Castle-lane, Kingston. On 20th June I was up very early in the morning, going to work in the brick field—I saw the prisoner Dent and another lad with him—Dent had this bag with him; he hid it in a brick field.
GEORGE LANGDON . (police sergeant, N 27). I received information on 20th June—I went to a brick field and found this bag, containing this linen and some other things—I went into a house fourteen or fifteen yards off, and remained there, and between 6 and 7 o'clock I saw Dent and Woolsey come there—Dent went to the straw where the bag was concealed, and Woolsey remained on the bridge—they then went away together—after that Dent and Hubbard came, and Hubbard went and turned the straw over, and said, "All right"—they went away, and about 4 o'clock in the afternoon Dent and Hubbard came to a field and laid down, and a female brought them Borne refreshment—they went away, and about a quarter before 9 o'clock Dent and Hubbard came and took the bag, and I took them—Hubbard said he would tell me the truth, he knew nothing about stealing the things; he was asked to go and get the things away.
HUBBARD— NOT GUILTY .
OLD COURT.—Wednesday, July 5th, 1854.
PRESENT—The LORD MAYOR; Mr. Baron MARTIN; Mr. Ald. MOON; and Sir ROBERT WALTER CARDEN, Knt, Ald.
Before Mr. Baron Martin and the Third Jury.
MESSRS. BALLANTINE, HUDDLESTON, and HOLL conducted the Prosecution.
GEORGE SAMUEL BLINK . I am clerk to Messrs. Van Sandau and Cumming, the attorneys for the prosecution. These proceedings are enrolled, and bear the seal of the Court—the petition was filed on 12th April, 1854—it is the petition of Thomas Brett and Henry Brett, of Wood-street, Warehouse-men—Peters was adjudicated a bankrupt on 15th April—the bankrupt was examined on 8th May—Simeon was first examined on 12th May—Hart was examined on 15th May, and Simeon's second examination was on the 16th.
The examination of Samuel Clarkson Peters, the bankrupt, was put in and read, as follows:—"Basinghall-street, London, 8th day of May, 1854. I, Samuel Clarkson Peters, the above-named bankrupt, being examined at the time and place above-mentioned, upon my solemn declaration, say: I opened my shop, at Southampton, on 5th September last—I mean my drapery shop, 64, High-street. I afterwards opened another shop, No. 109, High-street, as a furnishing warehouse, about the 26th or 27th January last I commenced business by buying stock about the 12th August last. I then had a capital of 700l., all my own—not borrowed. I invested that in the purchase of goods partly, and partly in paying the expenses of alterations in my shop, and furniture, and various things. I stopped payment on the 4th
of April. On that day I had acceptances coming due to the amount of 500l., and I had then but 57l., and odd shillings, at my banker's, and no other money at the time. At the time of my failure I owed debts to the amount of about 9, 2002. At that period the amount of my assets, I consider, was worth about 4, 500l. I had sustained no losses by bad debts to any amount I ascribe the deficiency of my assets to my expenses and forced sales. I made those forced sales partly to Mr. Moss Hart, of No. 20, St. Mary-axe, and partly to Mr. Simeon, who also described him of No. 20, St. Mary-axe. I did not make forced sales to any other persons. I have sold other goods at my drapery shop under cost price, not to a large amount; I don't know the exact amount, but I can ascertain it from my books and assistants. In other respects my retail trade was carried on at a small profit. My retail trade was a very nice trade, but I am not enabled to say, on the average, how much per day or week I took in my shop. All the money I took in my trade was two or three times a week paid into my bankers, excepting only the expenses of my house, and travelling and current expenses; I mean by the words current expenses what are generally known as petty cash expenses. Upon the average my expenses were (including household and travelling expenses) about 30l. per week. Not having kept any cash book I cannot form any computation of what were my weekly takings in my business. The books produced are all the books I ever kept; they are the books in the possession of the official assignee. I first became acquainted with Moss Hart about the 11th or 12th November last; he came into the shop to buy goods. He was at that time an entire stranger to me; I had never seen him before, nor did I till that time know his name. He came in and told me he could buy any odd goods or job goods that I might have. I sold him some that day; they were delaines, a few silk goods, and some ribbons, I think. I don't think he then purchased any woollen goods. I don't recollect any other goods he purchased then, but he might have done so. I think the amount he then purchased was about 80l. or 90l. I gave him an invoice with the goods, but retained no memorandum of them myself He paid in cash for the goods at the time. He then packed the goods, and had them sent away. The goods which I sold to Hart were goods which my young men, by my direction, put together as goods they could not sell in the shop. The goods he first purchased were valued in this way: I looked through the goods, caused them to be measured, and priced them. I asked him a price for the lot Hart did the like, and offered me a less price. After some haggling we came to an agreement as to the price. I think I sold these goods at full 30 per cent off. I don't think I paid the precise amount I received of Hart into my banker's that day; I might have done so. The amount I paid into my banker's, of 118l. 10s., on the 11th of November, included all I received from Hart on that day, but I don't think I received the whole of that sum from Hart Hart principally paid me in bank notes, but never gave me any cheque. I always gave him receipts for the monies I had from him. My next transaction with Hart was a few days afterwards; I don't think it was on the next day; I think it was on the 14th of November last On that day I paid into my banker's 106l. I received about 100l. of that money from Hart This transaction with Hart was conducted similarly to the preceding one. The goods comprised in this sale were woollens, linens, and other drapery goods. They were selected in the same way as the others. Some of them were goods I could not sell in my shop, some were soiled whilst painting my shop, and some damaged; others of them were good marketable goods. Hart paid me in cash for those
goods; I can't say what was the discount off the cost price of these goods; I am unable to say whether it was 50 per cent. discount off cost price, more or less. I gave Hart an invoice for these goods, and a receipt for the money, but kept no memorandum of the goods sold or the amount received of Hart myself. The sale and payment took place on the same day. These transactions with Hart did not take place weekly, but I think he called upon me, and they took place monthly, I think he did call once between the 14th November and December; I think he called on me on the 20th November. I then sold him goods, but the amount of that transaction I don't recollect; that transaction was conducted in the same way as the others. I did not pay the amount I then received of Hart into my banker's, but took it to London, and applied it towards paying my creditors. I am unable to say how much less than cost price I sold those goods; I should say it would be about 40l. per cent off, but I should not like to take my oath that those goods were not sold at 50l. per cent, discount, or more, off cost price. Between the 20th November, and the time of my stopping payment, I think I had but four or five transactions of the same kind with Hart I can't say what precise amount I received from Hart, in the whole, on these transactions; but I think I can get the particulars from him. I should think I received from Mr. Hart, in the whole, about 2,900l.; but I am not positive as to the amount I received from him. This money was all received of Hart for goods I sold him between the 11th November and 4th April. I don't think any portion of the goods I sold to Hart were sold at less than 30l. per cent. off, but I should not like to say that any other portion of the goods which I sold to Hart were sold so well as at 30 percent. discount off the cost price. All the goods I sold to Hart were sold to him from my shops, all paid the same or next day by Hart to me, after the sales had taken place. The goods were taken away by Hart, and sent to No. 20, St. Mary-axe. He occasionally employed my boy to truck them from my warehouse to the railway station. The boy's name is William Stermes. On every occasion I delivered an invoice to Hart of the goods he bought, and gave him a receipt for the money. The invoices contained a full detailed list of the goods on each of those occasions. Sometimes a price was put to each item, at other times in the gross. I never saw Simeon but once, and that was about the 3rd of February last He came to my shop with Hart, and bought some goods. Simeon then bought some cloths, and other drapery goods, and also carpets. Hart introduced Simeon on that occasion, and told me that Simeon could advance any sum of money, even 50,000l., if I wanted it for goods. I am unable to say what amount I then received from Simeon, I think about 300l. I am unable to say what proportion the sum I received from him bore to the cost price of the goods I sold to him. I should not like to take my oath that the goods I sold to Simeon did not cost me more than twice the amount I received from him for them. I never had any other transactions with Simeon but that one. Simeon paid me for those goods in Bank notes. I paid the amount into my banker's the same day. On reference to my banker's book, I find that on the 7th of February I paid 314l. in to my account, and I think that my transaction with Simeon took place on or about that day, and not on the 3rd of February, as above stated, and I have no doubt I received that 314l. from Simeon. I gave Simeon a detailed invoice of the goods I sold to him, and a receipt for the money, but whether the invoice specified the gross price, or so much per yard, I don't know; I kept no particulars of my transaction with Simeon. My transactions with Hart
took place, from time to time, between the months of November and March last inclusive. I made large purchases of goods from August to March last inclusive. I made a large purchase on 4th March last; I may have done so on the 5th or 6th, but I don't think I did so after the 8th March last. The goods I sold to Simeon he did not himself select; I and my young men looked them out and offered them to him. There was only that one transaction with Simeon; but I have since heard that Hart sent a number of the parcels of goods which he had from me directed to Simeon. All the goods which I purchased were forwarded by the warehousemen of whom I bought them, to me at Southampton, and all were received by me at one or other of my shops. I will swear positively I never sold, on any one occasion, goods I had purchased in London before the goods reached my shops. I have, besides my sales to Simeon and Hart, sold occasionally an entire end of cloth. I had three or four customers who would occasionally buy an end of cloth. My proper business was a retail business, but I went once in three weeks to the shops around, and made sales to them from patterns, on the average from 20l. to 30l., it may be more or less; and this occurred regularly every three weeks. Those sales were at a small profit, but not so much as I got from my retail customers. Those sales were paid for monthly. I never sent any goods away from my shop which were not paid for or entered in my books, and that I swear to solemnly. The last time I received money from Hart was about the 28th of March last; at any rate, it was the latter end of the month. The amount I then received from him was about 80l., and was for goods delivered on the same day. That money I paid away to discharging creditors and small debts about Southampton; 30l. I paid to Mr. Ford, of King-street, Cheapside; 11l. to Hammon, in Southampton, and the remainder, for which I have vouchers, for small debts in Southampton. The last preceding sum which I received from Hart was on the 4th of March last; the sum I then received of him was about 150l. or 160l. I on one occasion borrowed money from Hart to the amount of 150l.; this was on the 3rd March last. He on other occasions lent me small sums. For the 150l. he lent me I let him have goods, at the end of March. It was the parcel of goods mentioned in the paper writing now produced and exhibited, marked A, headed—"Goods sent by the carriers from Southampton, sent to Hart on the 31st March last." For all the monies which I borrowed of Hart he had goods in payment I can't say at what per cent off the cost price the goods which Hart had in payment for the 150l. were sold to him at, as one of my young men, Sampson Hopkins, or whose name was Hopkins, but the Christian name I am uncertain about, looked out those goods, and arranged with Hart as to the price, but I finished the agreement with Hart as to those goods. I think the discount was 40l. per cent., or thereabout; I should say it was not 60 or 50 per cent off When Hart lent me the 150l. on 3rd March, if that was the day, for I am uncertain on what precise day it was, I gave him an I O U, but I don't recollect if anything was said as to goods, or how much profit he was to have for the loan, nor when the money was to be repaid; the reason I paid him that sum in goods at the end of March was that Hart called and asked for the money or for goods in payment On all other occasions when Hart lent me money I gave him I O U's. I cannot positively say whether all the goods specified in the aforesaid paper writing marked A, came from my warehouse, but I can say that many of them did. I would not venture to swear that any one parcel therein mentioned did not come from my warehouse. The last parcel in paper A, under date of 1st April last, weighing 3 cwt, I sold to Hart about the 28th or 29th March last; about
the same time I sold to him the parcel mentioned in the said paper A, under date of 31st March last, as weighing 8 cwt. and one quarter. For those goods he gave me about 80l. in cash, before referred to, and kept the remainder for the 150l. he had advanced me, and for which he held my I O U, but he did not; return to me such I O U. The goods referred to in paper A., under date of 17th and 18th March last, as addressed to Simeon, weighing respectively 8 cwt. and three quarters, mast have been I believe one transaction, and were sold by me to Hart on or about the 17th March last; but I cannot say what sum I received from those goods, for I have no recollection of the transaction, excepting that I believe that the 79l. paid into my banker's account on the 17th March last, was part of the proceeds of those goods. I have no recollection of the particular parcels mentioned in paper A., under date of the 11th and 13th March last, but they may have formed part of the goods I sold Hart on the 4th March last I do not recollect any transactions with Hart on the 11th or 13th March last; on looking at my ledger I find I paid Rogers, Lowring and Co., 100l. on the 11th March, and therefore I have now no doubt but that on or about the 11th March last I sold the goods to Hart mentioned in the paper writing marked A, under date of 11th and 13th March last. I find I also paid on the said 11th of March, 30l. to Hugh Jones and Co., and 30l. to Spence Baggally and Co. The papers shown to me are my invoices of goods delivered to me in March, amongst those papers there is an invoice of Messrs. Southall and Ponsford, of goods sold to me to the amount of 321l. 3s. 9d.; I gave the order for those goods on the 4th or 5th March last; that is for a portion, the other portions were bought previously. Those goods were received by me altogether on the following day at my warehouse; nearly all of those goods are now in my warehouse; that is to say, when I made the assignment to Ponsford and Bodger in trust for my creditors; some portion may have been sold in the ordinary way of business over the counter before the 4th of April. I won't swear a portion of those goods were not sold to Hart or Simeon, but the bulk of them remains in my warehouse; I don't think that any of the goods purchased by me, and received in March last, have been paid for, some of them I think were paid for that I purchased in February; but I am not sure. The last goods I had from Candy and Co., was on the 20th of February last, amounting to the sum of 286l. 4s., those were partly sold and partly not. I cannot say if any were sold to Hart or Simeon, but some of them were sold retail, and some are now in stock. The ledger is principally in my wife's handwriting. Her name is Mary Anne; I looked over the book from time to time as my wife kept it. There are some sheets cut out of the ledger at the commencement I learnt from my wife that Grovecock's account had been written in the first page, and that she had entered that account in another part of the book, and had cut that sheet or sheets out. I learnt this from my wife about the latter end of March; or it may have been when Mr. Honey came down on the 4th of April last, my attention was then for the first time called to it. The book called "Pay outs," was written up by my young man, "Edwin Oakshot," I think in the last part of March, from vouchers and receipts, and by my dictation partly from memory: the latter part is written up by myself from vouchers which were omitted to be entered, and from my memory. The four last pages are the portions I refer to, as written by myself By that book, my payments out, amount to 1,299l. 3s. 9 1/2 d.; but I don't think they contain all my payments out, I know there are various omissions. I state positively, that every sum which is entered in that book as having been
paid was paid, and that no payment is therein stated to have been made which I do not believe was made. Examined by MR. FITCH.—Hart is a job draper. It is customary for drapers to sell job lots. Mr. Hart has told me that he has bought job lots of others in Southampton, besides myself. The summer is the best time for my business. The period from November to March, is the worst part of the year. In the lots sold to Hart, the price was fixed on each article. The amount fixed on each article was not at the same discount off cost price. During the time the sales were made to Hart and Simeon, I was constantly making payments to my creditors. The usual credit I had from my creditors was three or four months bills. I made large payments to my creditors in February and March last; but I did not pay for the goods supplied in February and March, because the credit had not expired; I made the sales to Hart and Simeon, to meet my payments to my creditors and the bills falling due. The money I borrowed of Hart in March, was to meet the bills coming due on the 4th of that month. I asked Hart to lend it to me.
The examination of Most Hart, on 15th May, 1854, was ready as follows:—"Moss Hart, of No. 20, St. Mary Axe, in the city of London, wholesale job draper, being sworn and examined at the time and place above mentioned, upon his oath, saith as follows:—I have no warehouse or shop, mine is a private house. I have no clerk or assistant in business; the only book I keep is the one produced, marked A. I generally buy and sell for ready money; I don't keep any account of my purchases or sales. I have been lately from home. I returned home on Thursday last. I was at Manchester on Wednesday, and had been there some few days; nearly a week. I was staying there at the house of Mr. Ezechial, or some such name; the name of the street or number of the house I can't tell you, I think it is called South Parade, and near the Market-place; it is a general boarding house. It is the first time I was ever there, but I was called by my name in the house. I went to Manchester from Liverpool; I was at Liverpool about three or four days, and stayed at the Saddle Hotel, in Dale-street, there; I stopped in the room, No. 13. I think I left London on the 1st May, or it may have been the 2nd of May. I had not previously been permanently at home, but I had been there occasionally; for some weeks past I had been at different places. I went to Manchester and Liverpool with another person to buy there; but the cause of my going to Liverpool was to see some parties on board the Great Britain, in consequence of the accident. The parties I went to see were Mrs. Ellis and family. I did no business at Liverpool; I called at several places. I am in the habit of calling at every house in my line of business at the towns I visit. I called with Mr. David Davis, the son of Moses Davis, of Wormwood-street, Bishopsgate, on Messrs. Watts and Co., wholesale warehousemen at Manchester, and purchases were there made in the name of Davis. I also, when at Manchester, saw Mr. Barnard Bohn of Great Ailie-street, Goodman's-fields, diamond-merchant, and also Mr. Solomon Marks, of Great Prescott-street, Goodman's-fields, wholesale print-seller. I am acquainted with James Simeon, he was also a passenger by the Great Britain; I saw him at Liverpool after the 1st of May. I first became acquainted with Simeon about eight or nine months ago; I was introduced to him by an Australian friend of mine who is now in Australia, his name is John Jacobs, and he left England by the ship Mirzapore. I have not been connected at all with Simeon in business, excepting that I have sold him goods, and recommended him to several houses of business to purchase
goods, for which I had a commission from Simeon, and sometimes from the parties to whom I introduced him to buy goods; I accompanied Simeon once to Southampton. I was as you see in the habit of introducing Simeon, and I thought if he went with me I could recommend him to some one who would sell him goods to suit him; this was about three months ago. I have no memorandum of it; when at Southampton, I introduced him to Mr. Peters; we went down together by the morning train, and returned to town together by the mail train the same night. Before I went with Simeon to Southampton, I did not tell him to whom I was going to introduce him; at least, I don't recollect that I did so. When I arrived at Southampton, we went direct to Peters's house; I don't recollect calling elsewhere. When we first called we saw Peters, who desired us to call again after 2 o'clock. I told Peters I had brought a gentleman down to buy some goods, if he had anything to suit him. I did not state what description of goods he wanted. We returned to Peters's afterwards, at the time appointed, which I think was about 2 o'clock. Peters has two shops; one a drapery, and the other a carpet shop: we went to the carpet shop. When we returned the second time to Peters's, he had partially looked out, and continued to look out a lot of goods; those goods consisted of carpets, cloths, linens, and other goods, which is specified in an invoice now produced to me, marked C, and was referred to and exhibited under an examination taken the 12th May. Those goods were put together, each description by themselves, as I best recollect, and offered by Peters to Simeon for 400l., as well as I remember. I think Peters had the particulars in a pocket-book, and calculated the prices which he had set against each particular class of goods with reference to the quantities as amounting to 400l., and offered them to Simeon at that price. Simeon offered 250l. for the lot: then he offered 280l.; and ultimately, he got some bargain about discount, and gave 300l. The word Simeon, written in pencil on the invoice marked C, as also the rest of the invoice, is in Peters's handwriting. Peters did not keep the other articles mentioned in the invoice, excepting carpeting, and rugs, &c., at his carpet shop: it is not usual to do so, and I presume he did not; but I suppose he had caused them to be sent to his other shop after our first visit, in anticipation of our second visit Simeon on that occasion purchased all the goods which Peters then offered him for sale. I know of no other dealings between Simeon and Peters except this one; and if there had been another I should have known it as I was to have had a commission. Peters did not pay me any commission on that occasion. Simeon paid me a commission of 20l., I think; that was to the best of my recollection the amount. I will positively say it did not amount to 50l. Peters was a retail dealer; but I believe served wholesale dealers and shops as well. I first became acquainted with Peters on the 11th November, 1853, by calling on him in the same way as I am accustomed to do on other parties in Liverpool, and elsewhere. It has been my custom so to do for the last eighteen years. When I first called on Peters, I asked him if he had anything to dispose of that was 'Jobbish.' He said that he had got some cheap stuff he could sell me. I then said, 'Put out what you have got to dispose of, and I shall see whether it suits me.' He then looked out the goods mentioned in invoice No. 1, now produced and exhibited. These goods were bought at the drapery shop; I think they were all drapery goods. The invoice No. 1 contained the whole of the goods he offered me on that occasion; he put a price on them, and offered them to me at that price. I think I bantered with him about the price,
and got them according to the invoice. There was not a very great difference between the price he offered them to me at, and what I gave for them; but I do not recollect what the difference was. This transaction took place about the middle of the day. I paid him on that occasion 105l. in notes, leaving 100l. remaining due; it being understood that the transaction was to be completed on the next day. At the following day I purchased 50l. worth more of goods. I paid 150l., the balance of the previous day's purchase, in two notes; one of 100l., and one of 50l. I returned to London on the 12 th. I next saw Peters about the 18th November; I may have gone down the day before, but that was the day the transaction took place. On recollection, I think the 150l., the balance of the 1st transaction, and the 150l., the amount of the 2nd transaction, were both paid to Peters, in London, and not at Southampton; he on that occasion came up to London with me—on the 18th November last I purchased other goods, specified in invoice No. 3, amounting to 201l. 4s. 10d., of Peters, and paid him 200l. in notes. This transaction, as far as I recollect, was conducted on precisely the same manner as Nos. 1 and 2. I returned to London after that transaction; at least, I left Southampton immediately after it. On the 3rd December last I purchased other goods of Peters, specified in invoice No. 4, amounting to 229l. 13s. 6d., and paid him at the same time in Bank notes. On the 17th December I purchased other goods of Peters, specified in invoice No. 5, amounting to 150l., and also paid him at the time in Bank notes. On the 19th December I purchased other goods of Peters, specified in invoices Nos. 6 and 7, amounting together to 50l., and also paid him in notes on the same day. On the 30th December I purchased other goods of Peters, specified in invoice No. 8, amounting to 128l. 17s. 2 1/2 d., and paid him in notes on the same day. On the 3rd January last I purchased other goods of Peters, specified in invoice No. 9, amounting to 100l. 13s., and paid him in notes the same day. On the 18th January last I purchased other goods of Peters, specified in invoice No. 10, amounting to 100l., and paid him in notes the same day. On the 19th of January last I purchased other goods of Peters, specified in invoice No. 11, amounting to 20l., and paid him in notes the same day. On the 2nd February last I purchased other goods of Peters, specified in invoice No. 12, amounting to 24l. 15s. 8d., and paid him in notes the same day. On the 3rd February last I purchased other goods of Peters, specified in invoice No. 13, amounting to 51l. 16s. 4d., and paid him in notes on the following day. On the same 3rd February last I also purchased other goods of Peters, specified in invoice No. 14, amounting to 100l. 5s. 2 d., and paid him in notes on the same day. My next purchase of goods of Peters was, as I best recollect, speaking from the invoices, on the 27th February last; on that day I purchased goods of him, specified in invoice No. 15, amounting to 199l. 1s. 3d., and paid him in notes the same day. On the 1st March last I purchased other goods of Peters, specified in invoice No. 16, amounting to 151l. 7s. 10d., and paid him in notes the same day. On the same 1st March, I also purchased other goods of Peters, specified in invoice No. 17, amounting to 99l. 16s., and paid him in notes on the same day. On the same 1st March I also purchased other goods of Peters, specified in invoice No. 18, amounting to 174l.17s. 8d., and paid him in Bank notes the same day. On the 3rd March last I also purchased other goods of Peters, specified in invoice No. 19, amounting to 100l. 8s. 6d., and paid him in notes the same day. On the 4th March last I purchased other goods of Peters, specified in the invoice No. 20,
amounting to 50l., and paid him in notes on the same day. On the 10th March last, I purchased other goods of Peters, specified in invoice No. 21, amounting to 31l. 16s., and paid him in notes on the same day. And on the 11th March, I purchased other goods of Peters, specified in invoice No. 22, amounting to 129l. 16s. 8d., and paid him in Bank notes on the same day. Q. It appears that the several invoices, numbered from 15 to 22, both inclusive, excepting the invoice numbered 21, purport to be sales to Mr. James Simeon: was Simeon or you the real purchaser?—A. I was the purchaser, on my own account. How happened it, then, that the invoices were made out in the name of Simeon?—Because I thought Mr. Simeon would have bought them, as the Australians generally like the invoices in their own names, and that was the reason why I had them made out in the name of Simeon. Was that the only reason?—It was. Did you offer those goods to Simeon?—I showed them to him, but did not tell him they were bought in his name. Did you offer them to Simeon immediately after each purchase?—If he was at his counting-house I showed them to him; if he was not I sold them without. Did he from time to time refuse all those parcels?—As he did not buy them, I presume he did. Then, notwith-standing he refused some parcels, you continued to have other parcels invoiced in the name of Simeon: how happened this?—Suppose Mr. Peters made out the invoices in the name of Simeon, and as I did not care much about it, thinking he would ultimately make a purchase, I let it be so. Did Simeon purchase any of those goods?—No, I do not believe he did. On the 18th of March last I purchased other goods of Peters, specified in invoice No. 23, amounting to 100l., and paid him for them in notes on the same day. On the 31st March last I purchased other goods of Peters, specified in invoice No. 24, amounting to 186l. 19s. 9d., off which he allowed me a discount of 10 per cent., leaving a balance of 168l. 5s. 9d. And on the 1st of April last I purchased other goods of Peters, specified in invoice No. 25, amounting to 63l. 2s. 8d., to which is added the balance of invoice No. 24, 168l. 5s. 9d., making a total of 231l. 8s. 5d. I had previously, on the 4th March last, lent Peters the sum of 100l. on the goods specified in the paper marked No. 26, amounting to 61l. 2s. 1d., and those goods were packed up and sent to me at Hiscocks', the Red Lion, Southampton, as I had not purchased those goods I did not wish to take them to London, and therefore left them in the care of Mr. Hiscocks. Some time after, Mr. Peters asked me to oblige him with those goods, as he wanted them; believing the amount to be good, I left word with Mr. Hiscocks to deliver them to Peters on having a receipt, which receipt I suppose he now holds. Subsequently to the 4th of March last, and before the 31st of March, I lent to Peters a further sum of 20l.; again, on the 30th March last, I lent Peters a further sum of 30l. These all making together 150l., were written off the 231l. 8s. 5d., being the amount of the two invoices Nos. 24 and 25, leaving a balance due of 81l. 8s., which last mentioned sum I subsequently paid to Peters in a 50l. and three 10l.'s on the 1st April last The above mentioned invoices above referred to, and numbered from 1 to 25, both inclusive, comprise the whole of my purchases of Peters, and also comprise all the goods I have ever had from Peters, except those mentioned in the paper, No. 26, which were returned to him as before stated. The goods I had from Peters were all marketable goods, and in good condition; there may have been some goods which I considered old stock, although they may not have been old stock to him. Q. Does the paper writing, marked E, comprised in twelve sheets of paper, which
was delivered to me this morning by your attorney, Mr. Saul Yates, contain true copies of all the several invoices from No. 1 to 26, both inclusive?—A. I believe they are: they were made by a law stationer, but I have not examined them; I will leave the originals with you so that you may examine them; upon your undertaking to return them. Were all purchases made by you of Peters, at Southampton, made at Southampton?—They were. Did Peters occasionally call at your warehouse in St. Mary Axe?—Oh yes, he has occasionally. Did he solicit you to visit Southampton to make purchases?—Yes, occasionally; sometimes I went down on my own account. When he solicited you to go down, what did he say?—He generally stated to the effect that he thought if I came down he had goods that would suit me, he did this by letter; I do not think he ever called upon me to tell me so. Did you ever tell him what kind of goods you wanted?—No. Had you other business at Southampton with other people when you went to see Peters?—At those times I had not time to attend to other business with other persons, but I have done business for the last 14 or 15 years in Southampton. Were all your purchases of Peters conducted in the same way as the first?—Yes. Did he on each occasion show you the lot of goods which he offered you for sale, and ask you a price for them?—He told me the price at which he was prepared to sell; we discussed the prices, ultimately agreed upon the amounts, and then the invoice was made out. Were the prices agreed on generally, considerably less than the prices asked by Peters?—Sometimes they may have been, and at others very little less. Were not all the sales and purchases what are generally called job sales and purchases?—They were. Did you think it necessary to ascertain the ordinary selling price of these goods in the retail shops?—No. Did you think it necessary to ascertain the cost price of these goods?—No. Did you ascertain from whom the goods had been purchased—No. Did you see any of the invoices Peters had received with the goods?—No. Did you learn from him whether the goods had been paid for or not?—No. Did you learn from him the state of his affairs?—No. What representation did he make to you to induce you to lend him money?—Being short for a few days. When he delivered you goods in payment of your loans, did you return to him his I O U's, or acknowledgments for the loans?—I had but the one I O U, which has been produced, annexed to exhibit No. 26. How happened it that when he repaid to you your loans, you retained the I O U?—Because I had some difficulty in getting the goods in part payment, and I thought it was right I should keep it, which I told Peters I should do. Had you any acknowledgment for the two other loans of 20l. and 30l.?—No. Where were those two loans made?—At Southampton. Were the goods which you purchased of Peters always delivered to you at Southampton, or where and how were they delivered to you?—They were generally sent by his porter to the railway; or if it was too late, or it was a particular occurrence, I may have sent some to the Red Lion; but I do not think, to the best of my belief, that this occurred on more than two or three occasions. Who packed and who addressed the goods?—The porter; and I may have assisted sometimes in packing them: they were generally addressed by some one of Peters's young men. Can you recollect which of Peters's young men assisted on the occasions of the several purchases?—Some assisted looking out the goods, but I can't say which, in particular; I don't recollect the names of any of them. Did any of Peters's young men assist in the bargaining as to the goods, or to fixing the prices?—Not that I recollect Were all the goods which you had of Peters addressed to you
personally, and to your own place of business?—Yes, they all came to my house; but those which were invoiced to Simeon were addressed to Simeon, but came to my house for me, and were received by me. Were the goods which were addressed to Simeon, but which came to your house for you, always acknowledged by you in the carman's delivery book?—When I was present I signed my own name; at least, I think so. I can't say how those which were received in my absence were acknowledged. Did you ever acknowledge the receipt of any such goods in Simeon's name?—Not that I recollect. Who, in your absence, would give the acknowledgment?—Any one present; either my wife or servants. What are your servants' names? Sarah; I believe her surname is Pate; and I presume it would be Sarah who would acknowledge the receipt of the goods, if my wife or myself did not Have you resold all these goods?—Yes, I believe I have sold them all; there may be some few things still unsold. Did you ship any of these goods?—No. Did you cause them to be repacked?—I have sent some of the cloths with others to my packers, Messrs. Britten and Sons, Basinghall-street, to be re-measured, which is the ordinary way in the trade: the other goods were not sent to the packers. To whom have you principally sold these goods?—This is a question which it is impossible for me to answer, as I buy and sell generally for cash; and if cash is paid at the time of the sale, I do not enter or book it. Can you state from recollection to whom you have made any considerable sales of woollen cloth since the 11th of November last?—No, I cannot. When you made the purchases of Peters, were the goods measured before you paid for them, or did you take his statements as to the measurements? The goods were not measured; I took his statements for the lengths. What goods have you sold to Simeon?—I sold to Simeon 143 handkerchiefs, 2s. 7 1/2 d. each, and 12 dozen purses, at 3s., amounting together to 20l. 11s. 4 1/2 d., on the 23rd January last. I can't say if I had any of these goods from Peters. I also sold Simeon 125 handkerchiefs, at 3s. each, amounting to 18l. 15s., on April 4th last. I also find I made another sale to Simeon on 22nd March last, of 22 pieces and 4 handkerchiefs, at 15s.; 3 pieces and two of spun, at 6s., amounting to 17l. 18s. 4d. I can't say whether all or any of these goods came from Peters or not; if they did, Simeon was not aware of it. When did you see Simeon last?—At Liverpool, when I was there, as before' mentioned. When did you last see the bankrupt?—The bankrupt was at my house, with his attorney, Mr. Fitch, after the bankruptcy, and I then saw him. What took place on that occasion?—They called to ask me some question; what it was I don't recollect; they were only with me a few minutes. I have never since had any communication with the bankrupt or Mr. Fitch, either directly or indirectly. Was the invoice of the purchase made by Simeon of Peters, on the 6th of February last, left in your possession at all, or for any time?—No. Did you take down the particulars of the goods purchased by Simeon on that occasion?—Yes, I did it upon a long slip of paper, it was taken down by me at the time in pencil. I think I have this paper still by me, but at present I don't know what has become of it. I now recollect that since the bankrupt has been in prison, 2 or 3 days since, he wrote me a letter, asking me to let him have a shirt and collar, which I had borrowed of him once when at Southampton, and asking me if I could find him bail, but of which I took no notice. That letter is now in the possession of my attorney, Mr. Yates. Did you know Simeon's clerk, Christopher Mower?—Yes. Did you assist in making up an invoice of the goods purchased by Simeon of Peters?—I
did assist in making up an invoice, but I will not say whether the goods included in that invoice were all had from Peters or not What was the amount of that invoice, as made out by Mower?—I think about 600l. to 650l., as near as I can recollect, including clothing, which I did not know came from Peters. What was the amount of that clothing?—I can't say. Can you positively say that that invoice did not amount to between l,000l. and 1,300l.?—I can positively swear that it did not. If I had the paper here which assisted Mower in making out the invoice, I could tell you. I will look for it, and shall no doubt succeed in finding it, and if so I will send it to you. Do you know of whom Simeon had the clothing included in that invoice?—I can't recollect. Do you know what that clothing cost Simeon?—No, I don't. Did you ever pack, or cause to be packed, goods for Simeon?—No, but I have been to Britten's with him, and given instructions, as he did not understand that sort of packing. Was Simeon in the habit of having goods sent to your house for him?—Yes. Can you state why he had them sent to your house?—For his own convenience, not for any profit for me. You deal largely in all drapery goods?—Yes, I have done so for the last 18 years. Do you buy any goods of the large wholesale dealers of repute in London?—I have not done so for some years. The only consideration I suppose with you when you purchase goods is, whether it is worth your while or not to buy them?—That is my only consideration. I do not trouble myself to inquire into the cause of the sale, so that I buy them of a respectable shopkeeper. Did you take the trouble to inquire into the respectability of Peters before you dealt with him?—No, I did not; from the position he appeared to hold I thought there was no necessity to do so."
The examination of James Simeon, on 12th May, 1854, was read, as follows:—-"James Simeon, at present of No. 10, Bedford-street, Covent-garden, in the County of Middlesex, and of Melbourne, Port Philip, merchant, being sworn and examined at the time and place above-mentioned, upon his oath saith as follows:—I arrived in England per the Sarah Sands steamer, from Port Philip, about the latter end of May last, with the intention of settling here, and educating my children, and shipping goods to my house at Melbourne. I have been resident as a merchant at Melbourne for about 15 years, alone, until just previous to my leaving. I am now in partnership with a Mr. Raphael, and my firm is, 'Simeon and Raphael,' in Melbourne. I have not carried on business elsewhere; I have a store at Melbourne, and have had it there for the last 15 years. I am acquainted with many of the well-known firms there; I know Jacob Montefiore, of Melbourne; I don't know whether he is connected with the firm of Montefiore, Graham, and Co., at that place. Most of the merchants at Melbourne know me. Mr. Westgarth, of the firm of Westgarth, Ross, and Co., is, I believe, in this country, to whom I am known. I can't say that I am particularly known to any of the Australian houses in this country. I buy goods, and pay for them by money or check; and it is not material to me to make myself known to them. My business at Melbourne is to receive goods on my own account I have not received my remittances or rents from Australia, and I am in consequence returning there. When I myself was at Melbourne, my business was the purchasing of goods in the Colonies to resell there. I have never made any consignment of goods from the Colonies to this country. I have no business correspondent here. After I came to London, about July, I took a small office or counting-house at No. 21, St. Mary Axe, for the purpose of my business, having previously taken a house and furnished it at No. 8, Bloomsbury-street, at which latter
place I continued to live until a few weeks of my leaving, when I removed to my present apartments; No. 21, is next door to Mr. Moss Hart's, in St. Mary Axe. Before I took that counting-house, I did not know Moss Hart, and I do not recollect to have previously seen him. I am not at all connected with Mr. Hart in business. I have bought goods of Hart. I produce 2 invoices of goods which I purchased of Hart, which are marked respectively 'A' and 'B;' I have no recollection of any other transactions with Hart, excepting one of some handkerchiefs, to the value of 50l., according to the best of my recollection, which went by the Mirzapore, which sailed from London in September last; and some lace, which went by the Colonist to Hobart Town, long before September last. I now recollect that the 2 invoices which I have produced, 'A' and 'B,' represent the only purchases which I have made of Hart, since September last; the handkerchiefs I was taking out in the Great Britain, are packed in my trunk, and form part of my luggage, together with some other small parcels of merchandize. I have made many shipments by other vessels since September last, but I cannot from memory detail all of them; my young man will tell you better than I can. I always shipped through the agents of the respective ships. I have only employed two packers to pack my goods; Watson and Clark, and Mr. Britten. They have not packed all my goods; the venders did it sometimes. I have purchased goods of J. J. Wilson and Co., of Kynaston and Co., Fox in Basinghall-street, and other parties who have packed goods for me. I never bought goods of Hart save those I have previously mentioned. He has introduced me to other persons of whom I have purchased goods, and I have allowed him a commission for the introduction, and the others did the same. As I was a stranger here, and unacquainted with houses of business, I accordingly paid Hart a commission for introducing me. Hart introduced me to Grant Brothers, tie and cravat manufacturers. I can't think of any other now, but I will furnish you with more particulars of them through my attorney; my purchases were always for cash. Hart has done no other business for me, save what I have before stated. I became acquainted with the bankrupt on the 6th February last, by the introduction of Hart, at Southampton; Mr. Hart induced me to go to Southampton. He said he could recommend me to a party that had some goods for sale there; I can't recollect that he said anything else to induce me to visit Southampton. He did not to my knowledge mention the name of Peters to me before I went to Southampton. He did not tell me that he had made any purchases of Peters himself He told me what sort of goods the party had for sale there; they were the description of goods which I was anxious to buy. I now recollect more particularly the circumstances. Hart went with me to Kynaston's, to buy carpets and rugs; I looked at some, but I thought them dear, and I said they were too dear. When we came out of Kynaston's, Hart told me that he would take me to a place where I could get them cheaper, if I would allow him a good commission. I think this occurred on a Friday. On the following Monday, when I saw Hart, he told me if I would go with him he would take me where I could buy those goods he spoke to me about. He then told me it was at Southampton, but did not give me the name of the party, nor any other information to induce me to go to Southampton. I consented to accompany him; and we accordingly went that day, the 6th February last, and returned to London the same evening by the mail-train. After I had completed my purchase of Peters, Hart returned with me to London. We arrived at Peters' at about 1 o'clock.
We saw Peters standing at the draper's shop door. Hart introduced me to him. Peters then said, 'I can't attend to you now, but if you will come in an hour I shall be ready for you.' That was all that took place at that interview. Q. I wish you to consider carefully, and to add anything that you may think necessary to your last answer, viz., 'Peters then said, I can't attend to you now, but if you will come in an hour I shall be ready for you;' that was all that took place at that interview?—A. That was not said by Peters to me, but a few words on that occasion passed between Hart and Peters, which I did not overhear; and Hart then represented to me that Peters had said, 'I can't attend to you now, but if you will come in an hour I shall be ready for you.' That interview occupied but a moment. I afterwards, in about an hour, returned with Hart to Peters. We then went into his furnishing and carpet shop. Some conversation then took place between Hart and Peters, which I did not hear. They were a few minutes together alone. I was then called into the ware-room with them. Peters then showed me some carpeting and rugs, or cloth; I can't say which first. He then asked me if I would purchase some shawls; I answered him 'Yes.' He also asked me to purchase other goods, and I answered also 'Yes.' The goods I proposed to purchase were, I believe, distributed amongst the stock: I selected the carpets and rugs from the stock, and they were put apart for sale to me. I also selected all the articles specified in the invoice marked 'C,' and now produced as being those I was willing to purchase. Peters entered these in a book, and put prices against each item, and added them up; and I believe they amounted to about 400l. according to his prices, and he asked me that price for them, I then made my calculation of what I was willing to give for each item, and the total amounted to about 300l. I offered him 250l. or 260l., or there-abouts; he declined to accept that sum. I did not think they were worth more to me, and went away with Hart for about an hour. I did not think them worth more than I offered, because some were damaged and others soiled. Hart persuaded me to go back, and to give 300l. for them. Hart told me he thought the goods were worth a little more, and induced me to offer the 300l. for them. I went back with Hart to the same place; Peters was not there then, but was sent for, and came to us. When Peters came back, I offered him 300l. for the goods. I mean to say that Peters, before I left the shop the first time, had offered me the goods for that sum. On his coming to me after my return to the shop, I offered him 300l.; but said I would have a discount of 5l. per cent for cash. Peters objected to this, and I again went out of the shop; I had not gone twenty yards, when either a shopman or Mr. Hart called me back. I returned, and went into the warehouse; Peters and Hart were there when I returned. Mr. Hart, as well as I remember, then said, what is the use of being so particular about a bargain? I then told Mr. Hart I would pay him for his trouble, and have nothing more to do with it. When I made that reply, Hart said to me, what is the use of splitting straws? and Hart thereby suggested that Mr. Peters should throw two pieces of carpet into the bargain, in lieu of discount; and upon that I consented to give 300l. for the goods. The invoice was then made out; I paid the money, and took Peters's receipt for the amount. I mean to say the goods were first packed and sent to Pickford's, and when I saw them carted I paid the money; this might have been between 6 and 7 o'clock in the evening; I can't say positively as to the hour, but when the goods were sent away it was gas light. The goods were not measured in my presence; but I took Peters's word, as a respectable
man, for the lengths. The goods were forwarded by Pickford's to my private house, No. 8, Bloomsbury-street, aforesaid. All the goods I purchased of Peters were in the same warehouse where I purchased them; at least, I say this to the best of my belief. All those goods were sent in the same condition as I purchased them, to Mr. Britten's, to pack. How happened it that these goods were addressed to your private house, and not to your place of business, or to your packer's, Mr. Britten's?—The goods were not addressed till they reached Pickford's; I accompanied them there. It was then a few minutes of the mail train starting, and I then gave to the clerk a card, and requested him to address them. I gave him by mistake my card of my private house, instead of Mr. Britten's, the packer's, address. These goods arrived at my house about 5 o'clock in the evening; and on the next day, after their receipt, I went to Britten's, and directed them to send for them, and they did so on the next day. These goods were all packed by Britten, and sent by the Harbinger. They were not the only goods I shipped by the Harbinger; I shipped other goods by that vessel to the value of 2,000l. I believe Britten packed other goods besides those I purchased of Peters for the Harbinger. Without pledging myself to the accuracy of the exhibit' D,' now produced as being a true extract from Britten's books, according to the best of my belief the goods therein mentioned are the goods I bought of Peters. Those cases contain other goods besides those I purchased of Peters; at least, I think that is probable, but I believe they contain all the goods which I purchased from Peters. I have not transmitted a copy of the invoice I had from Peters with the goods for the Harbinger; my reason was, that I consigned them to myself at Melbourne, and expected to arrive there before the goods. I purchased them on my own account, and not on account of my firm. I have not entered the invoice I received from Peters, in any book, I keep no books; I mean by that, I do not keep a regular set of merchant's books, but I do keep a book called a journal, or rough invoice book, in which I enter the contents of the cases and particulars of the goods sent to the Colonies. Did you ever show the invoice marked 'C' to your clerk Mower?—I can't say that I ever did. I think I heard from Hart that he had done business with the bankrupt, that was how I was introduced to him; this occurred on our journey to Southampton. I did not learn from Hart the particulars, but he told me he had purchased goods of him. I never heard from Hart since my journey with him to Southampton that he, Hart, had had any dealings with Peters; what he did say of Peters was said only on that journey; excepting the one transaction before referred to, I never had any dealings with the bankrupt, nor have I ever seen him since that occasion until yesterday. I never in my life, to my knowledge, received goods at my place in St. Mary Axe belonging to Hart, for Hart, nor were any goods ever addressed there for Hart, to my knowledge. If such has been the case it has been without my knowledge or consent. If any goods were addressed to me at St. Mary Axe, my place of business, from Southampton, on or about the 27th February last, the 3rd, 4th, 11th, 13th, 17th, and 18th days of March last respectively, it was without my knowledge or privity, and no such goods were, with my knowledge or privity, received by me or at my place of business at St. Mary Axe aforesaid. I never heard, until yesterday, that Hart had caused goods to be addressed to me at St. Mary Axe or elsewhere; what I did hear yesterday about it I heard from my clerk Mower. I saw Hart last at Liverpool, about the 1st May; I met him. I do not know where he now is. I have had no communication with, nor have
I heard from Hart, since I last saw him at Liverpool. I can't tell you if the book previously referred to, contains the particulars of the goods I bought of Peters. I will with pleasure, if required, at the expense of the assignees, go to Liverpool and bring up those books, and give you the benefit of their contents without prejudice to myself In what capacity did you go to the Australian Colonies?—I was sent for by my uncle, of Hobart Town. Messrs. Moses, Son, and Davis, of Aldgate, as my uncle's agents, paid my passage money out. I have looked on the anonymous letter marked' E,' now exhibited; all therein stated with regard to my character is positively untrue. The Mr. Moss mentioned in that letter lives at No. 24, St. Mary Axe, is a looking-glass manufacturer, and his Christian name is Emanuel. I have occasionally, since I have been in England, purchased job lots of small dealers."
A further examination of James Simeon, on 16th May, 1854, was read, as follows: "I have been in Liverpool since I was last examined in this matter, and now have my books and papers, at least, I believe all; I have not undone them, nor do I now produce them, but they shall be produced to Mr. Van Sandau, at his office, to morrow. Q. Do you know the signature on the South Western Hallway delivery voucher, dated the 28th February last, of 'J. Simeon?'—A. Never saw the writing before'; nor the writing of the name,' Simeon,' on the voucher dated the 2nd March last; nor the name, 'Simeon,' on the voucher dated the 3rd March last; nor the name, 'Simeon,' on the voucher dated the 4th March last; nor the name, 'Simeon,' on the voucher dated the 13th March last; the signature, 'C. R. Mower,' to the voucher dated the 18th March last, is like Henry clerk's, it looks' certainly something like his; I do not know the signature, 'J. Simeon,' on the voucher dated March last. Do you know the writing of Moss Hart, or of Sophia Hart, his wife?—I don't think I could swear to Hart's writing, and I never saw Sophia Hart write in my life; I have looked at the several signatures, 'S. Hart,' 'M. Hart,' 'Simeon,' and 'J. Simeon,' on the several vouchers produced to me, and I can positively swear that none of them are of my handwriting, and I cannot swear as to my belief or otherwise whether; any of them are in the handwriting of Moss Hart or his wife. Have you frequently seen the handwriting of Moss Hart?—Not frequently; but I have two invoices of his now in my attornies' possession. Have you seen Mr. Hart write occasionally?—I cannot tax my memory that I have done so; I may have done so, but I have not taken particular notice of his manner of handwriting. Did you ever know of goods or packages being addressed to you, or in your name, for Hart?—No, certainly not. Did you ever hear from Hart, or any one else, that goods or packages had been brought by the railway carriers addressed to you, but which were intended for Hart?—Yes, on one occasion; I believe it was after I was examined at the Justice-room, on Thursday last, and before I was examined here, on Friday. Mower, my late clerk, mentioned to me that on one occasion goods had come addressed to me, and which had been delivered at Hart's; I then asked my clerk why he had not previously mentioned it to me, and he told me he attached so little importance to it, or words to that effect, that he had not thought it worth while to mention it If goods were bought in your name by Hart, was it with your privity or consent?—Certainly not. Did Hart ever offer to you large parcels of goods which he had purchased of Peters?—I can't answer that; he has very frequently offered me goods for sale, but I cannot say whether they came from Peters. Did he ever show you invoices he had of goods bought of Peters, and offer them to you for
sale?—When he has offered me goods he has had papers in his hands, but I can't say if they were invoices of Peters, or not; I simply saw that the goods were not of that class I required. When Hart went with you to Southampton, and you made your purchase of Peters mentioned in your former examination, what payment did you make to Hart for his trouble and the introduction?—20l. Has there not been a great intimacy between you and Hart?—Yes, we have been very friendly. Have you not spent many hours together, of a day with him?—When I have had no business to attend to I have been very glad of his society. Did not that occur frequently?—Frequently; I was with him and went about with him; this may have been almost daily."
CHRISTOPHER ROBERT MOWER . I was clerk to Mr. Simeon; I first became so about July last year; his office was at No. 20, St. Mary Axe; his house was No. 8, Bloomsbury-street, New Oxford-street; he carried on the business of a general agent, a general merchant. He knew Hart—Hart lived next door, at No. 21, St. Mary Axe—Simeon used to be very often at Hart's—he had a room at Hart's, where he had his goods delivered, left there for safe custody—I do not myself remember any goods coming to Simeon's private house; but Mr. Simeon told me that some goods had arrived—that was about Jan. or Feb., I think—it might have been Jan., Feb., or March—I do not know how the goods were packed—I did not see them when they arrived at the private house—I did not see them afterwards—I heard from Mr. Simeon that they were packed up, and sent by the Harbinger; they were packed by Britten's, of Basinghall-street—Simeon told me that he had those goods from the country—he did not say where-abouts in the country at that time—he told me to tell Brittens to send their cart for some goods that he had received from the country—I told Brittens that—he did not show me any invoice—I asked for one at the time of making out the account, the general shipment; I generally made out a shipment account for each ship—he told me to make out the account of the shipment by the ship Harbinger—I told him that I could not do so, because I had had no account of those goods that he had received from the country—I had no invoice from him—he said he had lost it in the railway train coming up from the country—I did not make out any account at that time; it was put off for that day—I afterwards made a list of them—I made it from an account that Mr. Hart gave me—I went to Mr. Hart's, by Mr. Simeon's direction—he told me to go to Hart's, and he would give me an account of the goods—I went, and Hart gave me the particulars; I put them down from his dictation—he read from a paper that he had in his hand; I saw the paper—I wrote down what he read on a sheet of paper that he gave me, and afterwards copied that into a book—I gave both the paper and the book to Mr. Simeon.
CHRISTOPHER ROBERT MOWER . (continued). This book is in my handwriting—I copied this from a paper—I put the particulars that Mr. Hart gave me on a slip of paper—I then made a copy of it, and then copied it from that second copy into this book—I left the first paper with Simeon—
(MR. CLARKSON handed in a paper)—this is my handwriting—I believe this to be the copy that I made out according to Mr. Hart's dictation—I made two copies at the time—I do not know whether this is the same, or a duplicate—the figures are the same—I copied from this into this book—(looking at another paper handed in by MR. CLARKSON) this is not my writing—I do not think this is the copy Mr. Hart dictated from; I do not think it was so large as this—(referring to the former paper) I believe there was another case, No. 99, given me by Hart, besides what are upon this paper; it was not on a separate paper, but I might not have put it down, because there was some clothing included in that case, besides other things—No. 99 is in this book; it is not completed—this sum of 282l. 4s. 2d. is the amount of the single case, I believe No. 98—perhaps there is some difference between the paper and the book; they are both in my writing.
Q. One seems to be 266l., and the other 282l.; how is that, can you account for it? A. There might possibly have been a mistake in drawing out the items—I made out this account—I never saw this invoice marked "C," until I was before the Bankruptcy Commissioners—the goods in this invoice seem the same description of goods as those in this paper—I see some Brussels carpeting marked in the original invoice at 2s. 6d., and in my invoice it is marked 3s. 6d.—the clothing was in the last bale, 99, I think: it was a case, not a bale, it is not on that paper; the sum total of these goods, excluding case 99, is 609l. 14s. 9 3/4 d. (MR. HUDDLESTON stated that in the invoice marked "C," the amount was 300l. 8s. MR. PARRY stated that there was a mistake in the casting up in the invoice, and that the amount ought properly to be 495l.) I kept Simeon's books, I kept a ledger, an invoice book, a purchase book, a letter book, and a balance sheet book—that is all I can remember—those were—the books relating to his partnership with Mr. Henry Raphael—with reference to the transactions in London, I only kept these two books, the one produced, and this (looking at one produced by MR. CLARKSON)—I remember Simeon being required to produce these books at the Bankruptcy Court; I heard him promise to do so—I afterwards heard from him that he had lost them—I think he told me that, about 20th May, the 18th or 20th—he told me that he was very sorry; he was very fidgetty about having lost these books, and he asked me if I could make out fresh ones for him—we were then standing outside a public house—it was after he had been examined at Guildhall—I do not know whether it was after the second or third time of his being examined at the Bankruptcy Court; I think it was on the 18th May—he said he had lost these books, and was very fidgetty about them, and asked me if I could make out fresh ones for him to produce; I told him they would be sure to ask me if they were the fresh ones that I had previously made out, and I should not like to tell a story over it—I remember on one occasion receiving directions from Simeon to send some money to Southampton—this paper (produced) is in my handwriting—that is the occasion I speak of it was on 1st March, 1854—I received a cheque from Simeon on his own bank, the London and Westminster Bank, for 500l.—I cashed that cheque, and got a 500l.-note for it—I took that 500l.-note to the London Joint Stock Bank, and filled up this paper there, according to their dictation—I paid in the 500l. there to the credit of Hart, to be paid to him by the National Provincial Bank at Southampton—I think this paper is called a banker's note—on one occasion while I was at Simeon's, at Si Mary Axe, I remember goods coming to Hart's directed to Simeon; I do not remember it on more than one occasion—(looking at some papers) I have seen these delivery notes
before; here is one dated 18th March which I signed for Simeon; it is "No. 2657, Simeon, St. Mary Axe, 2 cases, C. R. Mower"—I recollect that coming; I signed it for Simeon, and the goods were taken in to Hart—that was on 18th March.
(MR. CLARKSON admitted the service of a notice to produce a number of cheques, but not the one for 500l. Mr. Rosher proved the service of a notice on Mr. Lumley, Simeon's attorney, and on the servant at Simeon's lodging.)
HENRY BILLINGHURST . I am a clerk, in the London and Westminster Bank. On 7th Nov. a cheque for 500/., drawn by Simeon, was paid in, and I have this book to prove it—I am ledger keeper—it was payable to Hart—(Looking at a cheque for 500l., dated 1st March, 1853, drawn by Simeon, payable to self, and produced by MR. CLARKSON) this is the cheque.
(MR. HUDDLESTON here called for, and MR. CLARKSON produced, a cheque for 200l., dated 16th Nov., 1853, drawn by Simeon, and payable to Hart; a cheque for 200l., of 2nd Dec., 1853; one for 250l., of 15th Dec., 1853; one for 92l. 12s., of 30th Jan., 1854; one for 350l., of 4th Feb., 1854; one for 50l., of 1st March, and one for 100l., of 3rd April, 1854, all drawn by Simeon on the London and Westminster Bank, and payable to Hart.)
HUGH HAY . I am a cashier, in the London Joint Stock Bank. On 1st March I received a 500l. note, the number of which was taken by another clerk, Mr. Salmon—we received it for the Hampshire Banking Company, at Southampton, on account of Hart.
COURT. Q. That is, Hart would have credit with the Hampshire Banking Company to ask for that 500l.? A. Yes.
(MR. SERJEANT WILKINS admitted that the proceeds of all the cheques produced, except that for 92l. 12s., dated 30th Jan., 1854, and one for 100l., dated 1th Nov., 1853, reached Hart.)
HENRY HONEY . I am an accountant, and live at No. 14, Ironmonger-lane; I was the accountant prior to the bankruptcy. I have gone through the bankrupt's books; I find the amount of his purchases between Aug. and April was 12, 924l. 9s. 1d., and the amount of his gross payments was 4,073l. 2s.—I valued the assets altogether; it was done by myself and assistants—I am not an appraiser or valuer—I valued them at 3,812l. 3s. 11d.—the deficiency was 5,457l. 12s. 1d.—I have here an account of the purchases and payments in each month—in Jan. the purchases on credit were to the amount of l,819l. 6s.; in Feb., 2,586l. 6s. 9d.; and in March, 1,731l. 2s. 2d.—I went down to Southampton on 4th April; Peters went with me—he made a statement to me.
MR. CLARKSON. Q. Did not you threaten him that he should have three years' imprisonment if he did not tell you all you wished to ask him? A. I did not—I was asked that question at Guildhall; I did not then admit it—I produced a paper there; it was not positively rejected by the Magistrate, there was a point raised—I endeavoured to persuade the bankrupt to disclose the true state of his affairs—I told him of the case of a bankrupt whose case was similar to his own; I told him that he would probably share his fate if he did not disclose to me the true state of his affairs—I did not tell him what that fate was; I told him the name of that bankrupt, it was Bannister—I am not aware that I said anything about imprisonment; I did not toll him that Bannister had suffered three years' imprisonment.
COURT. Q. How came you to go down to Southampton? A. I went down under a deed of assignment.
MR. CLARKSON. Q. The assignees are the present prosecutors, are they not? A. Not precisely; Mr. Ponsford is a trustee.
MR. HUDDLESTON. Q. Were they prosecutors at that time? A. No.
MR. CLARKSON. Q. Did you go down with Mr. Ponsford? A. No, I was sent down by him—he was one of the assignees under the deed I have spoken of—I believe the execution of that deed was the act of bankruptcy—what I told Peters, was to the effect that if he did not tell me every thing about his circumstances he would share the fate of Bannister—the result of what I got from him was in answer to my questions—my directions were to investigate the state of his affairs—it was under the authority of that deed that I took the steps I did—no fiat was issued at that time—this conversation was not on the 4th April, but on the 8th, and he made the statement on the 12th—that was before the bankruptcy—it was on the 8th that I told him about the fate of Bannister, and on the 12th he made the statement—(MR. CLARKSON objecting to the statement being received, MR. HUDDLESTON submitted that there was nothing in the nature of the evidence to exclude it; at the time it was made, no investigation had taken place at the Bankruptcy Court, nor was the matter the subject of any criminal charge. The witness to whom it was made was not a person in any authority as a policeman or prosecutor, so that nothing he could say could be likely to operate as a threat or promise; he was merely sent to make inquiry as to the bankrupt's affairs, and therefore no communication to him could be considered as privileged. MR. BALLANTINE also contended that the statement was admissible. The rule which excluded evidence of this description, was framed upon the notion that any threat or promise made, was likely to elicit not truth but falsehood. Here the only suggestion made was that the bankrupt should disclose the true state of his affairs, and if the truth was thus obtained it ought not to be excluded. In Reg. v. Clewes, where the inducement held out was much stronger than in the present case, evidence of this nature was received.
MR. BARON MARTIN was clearly of opinion that the statement could not be given in evidence. The argument of Mr. Ballantine went to set aside the rule altogether; but it had been repeatedly held that a statement made after threats had been held out by a person in a certain position of authority, were not admissible in evidence. In this case a threat of the nature stated, from a person in the position of the witness, would be infinitely more likely to have effect than from a policeman or any other person—he could not understand the grounds of the decision in the case referred to, but he was decidedly of opinion that the statement ought not to be received.)
MR. HUDDLESTON. Q. Did Peters say anything to you on 4th April? A. He did; that time I had not said anything to him about Bannister: nor had I held out any threat or hope to him at that time—he told me that he had sold large quantities of goods to a party who had gone to Australia—I asked whether he knew his address when he was in England—he said no, he neither knew his name nor where he resided—on the 8th I went to Pickford's, the carrier's place, at Southampton, and made a list of goods, which I produce—it is a list of goods that had been sent from Southampton to London from time to time, with the name of the person to whom they were sent, and their weight—I did not show Peters the copy I made from Pickford's book; I told him that I had discovered that large quantities of goods had been sent to London, to Hart and Simeon.
MR. CLARKSON. Q. Was that after you had given him notice about the bankrupt, Bannister? A. It was.
MR. HUDDLESTON. Q. Did you show him the paper, or call his attention to it? A. I told him what I had discovered; I mentioned a few of the recent particulars, the goods that had been sent in March—I gave him the dates in March, and told him to whom they had been sent, to Simeon—I told him I had discovered that large quantities of goods had been sent to these parties, and I asked him for information as to the amount—(The evidence was not pursued, MR. BARON MARTIN being of opinion that it applied only to Peters).
Cross-examined by MR. CLARKSON. Q. You are the gentleman who made the affidavit to hold Simeon to bail, are you not? A. I made an affidavit; but I do not quite understand your question—I know that Simeon was on his journey to Australia, and by failure of the vessel he returned to England—I went to the Judges' Chambers to make the affidavit—that was some time in May—he was held to bail, I presume, somewhere about that same time—I got the amount of the bankrupt's purchases from his invoices and books; and also the payments and assets—the assets were 3,812l. odd,—I believe the goods were sold by tender; they did not actually produce 3,812l.—I cannot say what discount off, there was at the sale; they were sold in two lots by tender, by the direction of the assignees—it was not 40 or 50 per cent.; it was from 20 to 30—goods are sold sometimes in the City at a discount of 20, 30, and 40 per cent.—I am not aware that some of the best houses sell their goods when the season is over, at 30 and 40 per cent, discount.
AMELIA NASH . I live at No. 4, Hayfield-place, Mile-end, and am a widow. I went into the service of Mr. Peters on the 4th Sept., that was the day before he opened his shop at Southampton—I was to be housekeeper and to serve in the shop, I was reckoned the head woman in the shop—Mr. Peters married after I got there, but I still continued in the same position—for the first month I thought he was doing a very good business—I do not think it was so good after that—I know Moss Hart; I first saw him about six or seven weeks after the shop was opened—I had no knowledge of him before—I think I was in the shop the first time he came—he asked for Mr. Peters—I did not see what took place on that occasion, Mr. Peters afterwards told me that he had sold some goods to Mr. Hart; he did not say to what amount, I think he said about 100l.—he said he had done very well; I think he said he was going to London for the money—I saw him start next morning—Hart went with him—I think Mr. Peters returned that night—I saw Hart at my master's a great many times after that—he made purchases of a great many goods; I was never present when he made the purchases, I saw the goods go—the business that Mr. Peters opened was a retail business, he afterwards added a carpet business—I do not know whether that was after he had known Hart—the goods were sent away after Hart had been there; they were packed up and directed to Mr. Hart of St. Mary Axe—I have sometimes gone in and found Hart and Peters together—I never heard them continue their conversation when I went in; they did not go on talking—I do not know what passed between them, I suspected it was business—I cannot say how often Mr. Peters went up to London, he has been several times to my knowledge—I do not remember Hart remaining at Southampton at any time, while Mr. Peters was in London—I frequently saw the goods that came from London, delivered at Mr. Peters's—I think large quantities of goods came during Jan.,
Feb., and March—I do not know whether any of those goods were sent up to Hart—I do not know of any goods being sent anywhere, without being unpacked—I first learned that my master would stop payment on the Fridays; I think it was the Friday before Whit Sunday; I do not know whether it was 31st March—I think it was about a week before Mr. Honey, the accountant, came, Mr. Peters told me in the morning that he did not think he could go on; I saw Hart after that, the same day—he had some goods that day; I do not know to what amount, it may have been between 60l. and 70l.—I do not know of that amount myself—I selected some for him, by Mr. Peters's direction; Mr. Hart had them—I did not see him take them away—I do not know Simeon, I never saw him come to my master's, to my knowledge—I am sure that I have not—commercial travellers occasionally came to Mr. Peters—they have not seen Mr. Hart, he has gone, away; sometimes he has been at the side, behind a bale of goods or anything, that was standing there, or behind the pillars—he did not wish to see the travellers apparently, he went on one side—there are always goods in the middle of the shop; and he has been behind there sometimes when the; commercial men have been in, so that they could not have seen him—I had nothing to do with the book keeping.
EDWARD HATCHARD . I was in the employ of Mr. Peters, as salesman, from 2nd March to 11th April During March I saw Hart there several times—on one occasion he slept at Mr. Peters's—on one occasion I had been out on a journey; I had received orders for a certain class of goods that were in Peters's shop when I left—I was not able to complete all the orders, because the goods were gone when I came back-—they were Bilks and sarsnets of different kinds—I did not ascertain from Mr. Peters who had had them—I was told when I came back, but not by Mr. Peters, or in his presence, or by Hart—I have seen goods that have been sold to Hart; they were taken from the fixtures, without measuring or anything of the sort, taken to the shop on the opposite side of the road, and there packed up—I have also seen goods taken to the Bed lion; that is the place where Hart used to sleep sometimes—they were taken to the Bed lion to be packed for carriage—I remember some goods coming in in March—I can recognise in this invoice numbered 22, 400 yards of union doe, that came from Messrs. Southall and Ponsford's; it cost 3s. 5d.; it is invoiced to Hart at 1s. 9d., on 11th March—they came in on 9th March; I recollect the date—I see 190 yards of union doe invoiced to Hart at 2s. 6d.—I saw that parcel unpacked on 9th March (looking at several invoices)—three of these invoices numbered 24, 25, and 26, are in Oakshott's handwriting; the rest are in Peters's writing'—I have seen Hart and Peters dealing in the shop—I have not heard what they said, I never listened; I could not hear; I did not try to hear; the two were talking together—I have seen them talking at the other end of the shop when I have been behind the counter—in this invoice numbered 25 I see 250 yards of muslin charged at 6d. a yard—I do not know the cost of that—they were all more expensive goods—I know the sort of goods—they averaged from 2s. to 3s. a yard, but here it says "250 yards, and as these goods were not measured, the lengths could not be told—these goods were in my department; I had sorted and priced them, but not measured them—I missed them within a few days of having sorted and priced them, three or four days; I cannot say to a day—I find five pieces of alpaca in the same invoice; they were invoiced at 38s. a piece—I know the selling price of four of them to be 2s. 6d. a yard; they would not cost less than 58s. a piece.
Cross-examined by MR. SERJEANT WILKINS. Q. You are now, I believe, with some house in London? A. I am—I have been in the drapery trade nine years—I know the general length of a piece of goods—if I saw a whole piece of muslin I could tell the exact quantity there was in it—I do not think I could tell the length of a part of a piece; I never tried, I never try to guess at things—I have never been present when persons have been engaged in salvage measuring, after a fire—goods were generally packed at our place—on this occasion they were not, they were taken in small paper parcels.
Q. Do you happen to know that these goods were taken as a deposit for a loan? A. I cannot tell what they were.
Cross-examined by MR. CLARKON. Q. Have you ever had any quarrel or misunderstanding with the Peters's? A. No, neither with Mr. Peters or his brother, or with anybody else there.
MR. BALLANTINE. In whose employment are you now? A. Schoolbred's—I never heard anything about a loan before—Mr. Van Sandau told me it was a loan, but that was the first time T ever heard of it.
WILLIAM STERMES . I was in Mr. Peters's employ from Sept. until the time of his bankruptcy—I know Moss Hart, he was often in the habit of being at Mr. Peters's; every fortnight or three weeks, or more—I remember goods being sent away from Mr. Peters's; they were sent away in trusses occasionally; I remember those same goods being sent to Mr. Peters—I do not know whether they had been unpacked between the time of their coming and the time of their being sent away; they were directed to Mr. Hart, or Mr. Simeon—I do not know what goods were in the trusses; Hart was present the same day that the goods were sent away—I recollect some carpets being sent away in Jan. or Feb., in Pickford's wagon; the wagon came to the door for them—Hart accompanied the wagon in which they went away; those goods were not packed up before they were sent away—I had not seen Simeon at Mr. Peters's at that time—he had been there once.
Cross-examined by MR. CLARKSON. Q. Do you recollect when Mr. Peters stopped trading? A. Yes; it was in April—it was in Jan. or Feb. that the goods went away unpacked; I will not undertake to swear that they were not a parcel of goods sent down to Mr. Peters, which he returned because he had stopped—I will swear they were not goods sent from London to Mr. Peters, which he returned because he had stopped—those goods were not returned unpacked; none of them were returned, we could not send them unpacked—I did not say that the carpet goods in Jan. or Feb. had not been packed—I was speaking of the trusses that were sent to Mr. Simeon and Mr. Hart, they were sent by Mr. Peters; I cannot tell to which they were sent, or whether it was in Jan. or Feb.
Cross-examined by MR. SERJEANT WILKINSON. Q. How old are you? A. Nineteen—I have not been in any other business besides that of a draper—I have been seven months in the drapery business—I have been in a tobacconist's business, and at farmer's work, to drive the plough horses—I was employed as a ploughboy up to about fifteen or sixteen; I went from the plough tail to the tobacconist's—I went into Mr. Peters's service on 5th Sept., 1853, as porter—I was first asked to become a witness about six weeks ago—I left Mr. Peters's employment on 12th April—I do not know what the trusses that came contained; I saw them brought down, but I did not see them opened, not those that went to Mr. Simeon—I do not know whether I was in the shop or not when they came; I may have been out—they came in the morning; I saw them afterwards, but I did not see them at the time
they were put out of the wagon—if I was not there when they came, I saw them afterwards—I know that they came that day; they were there when I came back—I had been in the shop that day; there was never a day but I was in the shop—I know that they came that day, because goods were seldom left unpaid—that is my reason—I did not see the direction put on them, they were directed when I first saw them, directions always came with them—they were directed to Mr. Simeon or Hart, I cannot tell which, but I am sure that it was either to Simeon or Hart—my master was never in the habit of packing goods in trusses; I do not remember seeing them—these were largish trusses, the outside covering of them was matting—marks were put on some of them with a brush—I do not remember whether large bulky packages ever came without having large black letters or figures with a brush on them—the carpets were not packed, they were merely rolls of carpet, and were not sent with any case on them—nobody could tell that they were carpets—Mr. Hewson asked me to become a witness, he lives in Ironmonger-lane, and is a solicitor—he sent for me, and I was about an hour with him—I did not tell him any more than I have told you that I am aware of.
MR. BALLANTINE. Q. you went to the solicitor, Mr. Hewson, and gave your evidence to him, did you? A. Yes—I know that the trusses were directed either to Simeon or Hart; I noticed the address on them as well as the name, it was, "Mr. Hart, No. 20, St. Mary Axe, and Mr. Simeon, No. 21"—I had seen goods directed to them before, sometimes two or three days following, and sometimes a fortnight or three weeks—I have seen goods directed to Simeon, and I have seen goods directed to Hart—I went with the goods to the railway, booked them and sent them from there—I generally went alone; Hart has been with me sometimes.
JOHN ANDREWS . I went as apprentice to Mr. Peters in Oct., it was a retail business—I have seen Mr. Hart there often, and have known of goods being sold to him, I cannot say how often—they were in small quantities at different times, but none in very large quantities—I do not recollect two or three large packages coming somewhere about Feb.—I recollect packages coming down several times—I do not recollect any packages being sent away without being unpacked, only to the creditors; they were returned—no one told me that—I was examined at Guildhall; I made a mistake there in saying that the packages were returned to Mr. Hart or Simeon; they were returned to the creditors a few days before possession was taken—I had seen Simeon at my master's before those trusses were sent back to the creditors; it might have been two months before that—I had not seen him recently before—I directed three cards to Mr. Hart, and they were put on the trusses—the goods were not sent back to the creditors with those cards put on them, these were goods taken out of stock; I do not know in what month, it might have been a month before the bankruptcy—a day or two after I had left Guildhall, I found out that I had made a mistake, and I told Mr. Peters's attorney so, Mr. Fitch—he sent for me and I saw him at Southampton, and then I found out that I had made a mistake at Guildhall.
Cross-examined by MR. SERJEANT WILKINS. Q. Let us endeavour, if we can, to make this plain and distinct; my friend put three trusses into your mouth, you said that those on which you placed the cards and wrote the direction, were goods taken out of the stock? A. Yes; I think that may have been about a month before possession was taken—no packages were sent away unpacked, except those to the creditors, which were sent away a
few days before possession was taken—Mr. Hopkins, Mr. Peters's assistant, directed them—I am now living at home with my parents at Farringdon, they live independent now—I was rather frightened at Gnildhall, a question containing the answer almost was put into my mouth, and I said, "Yes"—when Mr. Fitch sent for me at Southampton, I told him this without being questioned—I was apprenticed to Mr. Peters, and have lost the benefit of my apprenticeship.
MR. BALLANTINE. Q. What did Mr. Fitch say to you? A. I told him that I had made a mistake; I am not aware that he knew that at the time he sent for me—I did not expect to be sent for by him—I do not recollect what he said to me now—I knew he was Mr. Peters's attorney, but I did not know what he wanted me for; he told me he wanted to question me on the subject, and he did question me—he did not put into my mouth what he wanted me to say; he only asked me the questions when I was quietly with him, that was all—he did not tell me that I should do Mr. Peters any harm at all, nor yet any good—I know Mr. Van Sandau, the attorney for the prosecution, by whom I was examined—I did not tell him about the mistake I made—I do not know why I did not; Mr. Fitch did not tell me not to do so—until I got into the witness box to-day, the prosecution did not know anything about the mistake.
EDMUND OAKSHOTT . I was in the service of Mr. Peters—I am not now in the service of Mr. Rogers; I was—I went to Mr. Peters's just before he opened—I was there until April—I used to attend to the Manchester department, and I assisted in the book keeping, but not all the time—I cannot fix the date when I first saw Hart at Peters's; it was perhaps five or six weeks after we were opened—I found that goods were being sold by Peters to Hart; they were very large sales—I never saw the goods measured in those transactions, they were taken to be packed either to the show room or to the carpet room—they were not all entered in a book—I think three of these invoices are in my writing—I have never seen bales of goods come that have been sent away without being unpacked—I never saw goods sent away without being unpacked; without being measured I have, but not without being put in stock—many of them were not marked goods; we have often sold goods in the ordinary way without their being marked—these were large sales—sometimes when goods are opened they are shown to customers before they are marked, and sometimes cut, and sold, but not in large quantities—I have written some of the directions by Mr. Peters's orders—they were sometimes directed to Hart, and sometimes to Simeon; I have written a great many of them—I have sometimes received orders from Hart to direct packages, "Mr. Hart, St. Mary Axe"—I cannot speak positively whether I have received orders from Hart to direct them to Simeon—the goods that I sent out were not all entered in the book, only a few entries were made—not more than 10l. worth were entered in the book out of 3,000l. worth.
Cross-examined by MR. SERJEANT WILKINS. Q. You remember when Mr. Peters stopped payment? A. Yes; a few days before that, there were some unpacked trusses sent back to the creditors—I did not hear Mr. Peters state the reason why he sent them back—I cannot say whether they were sent to the persons from whence they came—I do not remember the addresses, I know they were returned to some of the wholesale houses.
MR. BALLANTINE. Q. Do you recollect at all when they were returned? A. I cannot fix the date; I recollect Mr. Peters stopping payment, the goods were returned a few days before that—I cannot tell you the amount; it was not a very large quantity, they were not very large trusses.
SAMUEL HOPKINS . I was in Mr. Peters's service as assistant. I recollect Hart, I saw him often at my master's—I never saw Simeon before I saw him at Guildhall—I knew of goods being sent to Hart's—sometimes once a fortnight, and Hart always came and bought them himself—they were large quantities of goods, but sometimes they were larger than others—I saw them packed—I had not known when they came, only some of them—some were sent away twenty-four hours after they had come, but they had been unpacked, and were repacked—they had been in the shop, and some of them had been marked—they were put there for sale, and would sometimes go to Hart's in twenty-four hours afterwards—some used to be packed in bales, and some in boxes—I never saw any directed to Simeon; some were sent to the creditors of the wholesale houses, five or six days before the bankruptcy—I mean by that the day on which they took possession—the goods I took were Coles's; there were two or three pieces of cocoa-nut matting, two or three mats, and one or two bales.
Cross-examined by MR. SERJEANT WILKINS. Q. With that exception, did you ever know of any goods being sent out without being unpacked? A. Only to wholesale houses—Peters said, "You had better send them back to the wholesale houses," and he wrote four or five addresses on a piece of paper, and I wrote the cards myself—he did not say why they were to be sent back—I am now independent, living on my property.
MR. BALLANTINE. Q. Were any other goods sent back beside these to Coles? A. Yes; I made a mistake, and sent a parcel to Bradford or Leeds, and the gentleman the goods belonged to had received the invoice back, and he came to know the reason the goods had not come, and I told him I had sent them to the wrong place—that was not after it was known that Mr. Peters had become bankrupt; it was four or five days before they took possession.
MR. HUDDLESTON to C. R MOWER. Q. Just look at that book (the delivery book), are these two signatures yours? A. The lower one is, but not the upper one—I signed it as received for J. Simeon—it is 9 trusses, weighing 14 cwt. 2 qrs.—that was directed to Simeon, St. Mary Axe—(Entry read: "4th March, 1854. 9 Trusses, 14 cwt, Simeon, St. Mary Axe, 1l. 2s. 4d. Signed, J. Simeon.")
JOHN PONSFORD . I am a member of the firm of Southall and Ponsford, of No. 13 and 14, King-street, Cheapside, woollen warehousemen. I know Peters—my first introduction to him was through our traveller—the first time I saw him was in Nov., when he bought a parcel, but nothing particular occurred—that transaction amounted to 75l. 17s. 8d.—I saw him on 6th March, I think, and he looked out goods to the amount of 321l.1 3s. 7d.—I said that it was a very large parcel, and I wished to know how he was doing in business, if he was doing a good trade—he said, "I am doing a good ready money business; I shall be in a position to discount or pay can for your parcel at the end of the month, as I am in the habit of doing for other wholesale houses"—I inquired if he was giving credit to small tailors; he said, "I give very little credit, not more than a month or two months, and at very moderate amounts"—he said he was doing a very safe trade, and gave very little credit—on the faith of that we allowed hen to have the goods—ours is entirely a credit trade, and therefore we have to depend a great deal on a man's word—we give four months' credit—we have supplied the bankrupt with goods to the amount, I think, of 750l.—the balance due to us now is 578l. 10s., within a pound—he paid us 204l. on 4th March; it was about 790l., I think—that was due three days before he bought the other parcel, and he came on 8th March and bought this parcel.
Cross-examined by MR. CLARKSON. Q. I think you say it was on 4th March that he paid you the 204l.? A. Yes; the parcel of goods amounting to 321l. and a fraction, were partly doe's; but not what he ordered in Jan. of the traveller—he looked out other goods for them—they were Spring goods; they were ordered in Jan., and had to be made—the portion of the parcel that they made up would be perhaps 30l. worth; it was not 35l.—he had dealt with us in Sept., Oct., Nov., and Dec., 1853—he only bought in Dec to the value of 4l. 8s. 4d., and to the value of 370l. odd up to Dec.—that, of course, forms a portion of the 750l. worth which we supplied him with altogether—our terms of credit are four months, and one month—we do not vary at all—the month they are purchased in is not reckoned at all—we draw the bills on the first of the month, generally—these doe's had only been sold three days before the bankruptcy; the money for them would not be due till four months after he stopped—I should tell you that 120l. of the portion he agreed to discount was drawn for at the end of the month, and would not be due till about 10th May—on 6th March the bankrupt came; I did not serve him, I was not there; one of my young men served him—I did not press him to take a lot of doeskins at 14d. and 16d. a yard—I am not aware that I showed him other doeskins, to which he objected—I do not recollect showing him any doeskins to which he objected—I can undertake to swear I did not do so; my young men may have—it is usual to press people as much as possible—I did not do so extraordinarily—I did not press him more than usual—I did not tell him I had a lot of odd ends and short lengths which I wished him to purchase very much—I do not understand such a remark—I told him I had a lot I could sell him; the ends of pieces sold all at one average price.
Q. Did not you press him to purchase such; did not he decline to do so; and did not you ask him to look in again next morning? A. He came, and I was very much engaged, and said he had better look in the morning (7 th)—those were the goods I had spoken to him about; not goods which he had asked me about that I know of—we show a man different things or else he would not know that we had them—I did not tell him the time to come the next morning; he did come—I did not show him 10,000 or 12,000 yards of short lengths of doeskins; I should say it was more likely 400 yards—I will tell you in a moment how many yards it was; I think it was 700 or 800—I will undertake to swear that it was not so much as 1,000 yards—if I had the means I could tell you, but I have not the book here; I only wish to answer you the truth—I have nothing else to tell you; I positively deny asking him to purchase more than 1,000 yards of doeskin—they were sold at 3s. 5d. a yard—that makes it 89l.—I did not show him any other—I had not 1,000 yards of doeskin in the warehouse—I did not press him to buy in the least—I did not tell him that if he would purchase a large lot they would come cheaper; we had but that one lot—he did not tell me he objected to so many, and that he would buy no pieces of more than ten yards each—I did not say that I had much rather the bankrupt should purchase the whole lot—I had only that lot to show him; I should not have divided them—he did not refuse to purchase them on that occasion; he bought them—he did not tell me that he was not in London to buy goods, but he would look in again—as he came in to buy, of course he would not do that—he purchased of two of my young men on the 6th, and he came in and bought that lot of me on the 7th—I am certain it was on the 7th—he did not postpone the purchase until the next day—he did not tell me that 700 yards was a great deal too much for him, because he did not know the
quantity; they were a lot of goods that had not then been measured over—I took a bill for 120l., I think, of him—he agreed to discount a portion of the account, and we drew a short bill before the time of its being due in cash—it was on 4th April he became bankrupt; he came to my house that day; he told me that he was not in a position to meet his acceptances, and asked me to advise him what he should do—upon that I caused the assignment to the creditors to be prepared for the benefit of the body of creditors—I had great difficulty in getting him to do it; he did do it—he said he had been sacrificing his goods to a very alarming extent—I said, "Not to the extent of hundreds, have you?"—he said, "Yes, I fear much larger, thousands"—I said, "The best thing you can do now is to make an assignment of your property for the benefit of the creditors, for they don't belong to you"—Mr. Hewson, my solicitor, prepared the assignment—the trade have not a sort of exchange where this thing is done—we have a room, where the meetings of creditors are held—on 4th March, three days before he made this purchase, he purchased to the extent of 32l.—if it is customary in the trade in London to sell goods at thirty or forty per cent, less than they cost, it is unknown to me—I never remember hearing of goods being advertised in our trade at a sacrifice of twenty-five or thirty per cent—we are woollen warehousemen, and deal in woollen drapery—I never heard of anything of the sort you mention in my experience of business—the remainder of the bankrupt's stock was directed by the assignees to be sold by tender; I was one of the assignees, and the official assignee was the other—they were sold at Southampton, I think at twenty-six or twenty-seven per cent below the cost price—that is usual in clearing out a stock, but that is a very different thing from a man going to a retailer and purchasing goods at fifty per cent off; I should then feel I was Assisting a man in robbing his creditors—I have heard of the sale of job goods, and I have bought job goods; not at any per cent, discount—I have bought goods damaged by the manufacturers; that is what I call job goods—it is common to have goods that are out of fashion sold at a considerable sacrifice—I never heard of their being sold as low as thirty or forty per cent; I never sold to Peters any cords at fifty-two per cent, discount.
MR. BALLANTINE. Q. How long have you been in the trade? A. Fourteen or fifteen years; our house has been established somewhere about half a century—I have never heard of job goods sold at this great discount, unless they were damaged goods, or goods out of season—these does were invoiced to Peters at 3s. 5d. a yard; they were worth fully that amount—some of them cost me 5s. a yard—doeskins are worn at all seasons of the year; they were only cleared off on account of their being short lengths—if we can sell pieces, we do not show these lengths.
WILLIAM PARRATT . I am clerk to Devas and Co., of Laurence-lane; we are creditors of Peters to the amount of about 120l.—we received the last order on 18th March; the amount of it was between 40l. and 50l." and was for silk mantles and general drapery goods.
Cross-examined by MR. SERJEANT WILKINS. Q. Is your firm Devas, Mitcheler, and Rodwell? A. Yes; it may be that we are at the present time about to offer to the public a very large quantity of Cashmere handkerchiefs, at a discount of 6 3/4 per cent.—I do not know the circumstance—(looking at a bill) I have not seen this bill, and never heard of it in the house—I was not aware that such a transaction was going on—I will not deny it.
MR. BALLANTINE. Q. You never saw that bill? A. No; or any bill of the same kind.
EDWARD LINDON . I am a creditor of Peters's to the amount of about 290l.—the last goods ordered was by letter on 23rd March, to the amount of 63l.; the goods were sent on 1st April—none of them have been returned.
WILLIAM BUTCHER . I am agent to Messrs. Bright and Co., carpet manufacturers—they are creditors of Peters's to the amount of 112l.—the last parcel of goods was delivered on 8th Feb.; they came to about 112l.—he had bought a lot of goods on 20th Jan.; 196l. worth was sent on that day, and the remainder are what I have mentioned.
Cross-examined by MR. CLARKSON. Q. Are those goods part of what he owed you for? A. That was the entire of the goods.
Cross-examined by MR. CLARKSON. Q. Did he discount with you also, as to the payment? A. He discounted the first purchase, 200l.—mine are hosiery goods—we understand by discount, the payment of cash within a month—the cash was paid—we allow discount only for cash—he owes me 260l. now.
THOMAS FORBES . I am a creditor of Peters's to the amount of 215l. for goods supplied in Dec., Jan., Feb., March, and April—in March the amount was 6l. 3s., in April it was a returned bill, in Feb. 19l. 1s., and on 30th Jan. 65l. 2s.
THOMAS BAKER . I am a creditor of Peters's to the amount of about 250l.—the last goods were supplied in Feb., they amounted to 21l. 14s., 20l. 3s., and 34l. 3s. 4d.; 75l. altogether—in Jan. there were five parcels—the amount of the whole is about 250l.
Cross-examined by MR. CLARKSON. Q. When was your last dealing with Peters? A. On 27th Feb. I received two bills from him, one for 276l. 11s., and the other 194l. 12s.; they have not been paid—they were bills given in discount of the time within which I should have been entitled to be paid—one was due on 16th June last, and the other on 13th of this month—neither of them have been paid.
WILLIAM LANGSTREE . I am a porter, at the railway at Southampton. I do not book goods there—I receive them on the stage—I recollect goods coming there directed to Simeon and Hart—the times and the weights will appear by the book which Eggleston has here—I used to receive the goods from Mr. Peters's man.
(MR. BARON MARTIN being of opinion that there was no case to go to the Jury as against HART and SIMEON, they were acquitted at the close of the case for the prosecution.)
PETERS— GUILTY .— Confined Fifteen Months.
NEW COURT.—Wednesday, July 5th, 1854.
PRESENT—Mr. RECORDER; and Mr. Ald. MOON.
Before Mr. Recorder and the Fifth Jury.
MR. ROBINSON conducted the Prosecution.
ARTHUR MCNAMARA . I am a mail contractor. I contract largely with persons at Lowestoff and Yarmouth, to take fish which they send up to Billingsgate—I am responsible for any fish that may be lost in transit—Driver has been a carman in my employment twelve or fourteen years, on and off—on 16th June it was his duty to be at the Shoreditch station, to take a wagon load of mackerel from there to Billingsgate on my account—they were packed in baskets called pads, each containing about sixty fish—the pads were covered over with paper and straw, and the covers then tied down—I did not recollect Ivans at the Mansion-house, but I find he has been in our employ, and was discharged the week previous.
Cross-examined by MR. RIBTON. Q. How long has Driver been in your employ? A. For the last ten or twelve weeks; but en and off twelve or fourteen years—he has conducted himself well; this is his first offence.
Cross-examined by MR. PAYNE. Q. Did you discharge the boy for any dishonesty? A. No—I understood from our foreman that he was discharged in consequence of our not having any employment for him—I know that he had on that very morning applied for employment to Mr. Turner.
WILLIAM GAVIN . I am an inspector of the Eastern Counties Railway Police. On 16th June, about 20 minutes to 5 o'clock in the morning, I received instructions, and saw Driver on a van with two horses, which was coming out of the terminus, loaded with packages of fish—he took up Ivans on the van, and then drove at a very rapid pace along Norton-folgate and Bishopsgate-street; there was nothing unusual in the pace—Ivans seated himself on the back of the load; I ran all the way, and saw him open several packages, and put what he took out into something which he had—he then shifted his position about on the top of the load, and continued opening the packages until he got into Houndsditch, when Driver putted up the horses by Aldgate church, and Ivans handed him a large bundle of something, which he put under the footboard; I afterwards found a sack there, which I believe to be what I saw—Ivans did not get down, but he moved on to the box and rode with Driver; he got down at the top of St. Dunstan's-hill, locked the wheel, and then went to the bottom of St. Dunstan's-hill; when the van got there, he took the chain off—I then saw him looking towards me, and I think, from his sudden disappearance, that he saw me, for he ran into the market—when the van stopped at the market, I went to the footboard, took a bundle from the driving-box, just behind the driver's feet, and found twenty-one mackerel in it, which were afterwards produced at the Mansion-house—I asked him how he came to have them there; he said he did not know; he knew nothing at all about it—I asked him where the boy was, who he had taken up; he said he had gone somewhere, he did not know where; that the boy threw a sack up on the load, at Shoreditch station, as soon as the van was loaded, and got up himself; and that he did not put the fish there, and he did not know who did—I took him into custody—I took Ivans three days afterwards at his father's house, and told him
the charge; he cried a good deal, but made no reply—it was Mr. McNamara's van that I saw.
MR. RIBTON. Q. Did you hear any conversation pass between the prisoners? A. No; I was at some distance—I did not hear the boy say, "Will you take me up, and take me to Houndsditch?"—he might have said so without my hearing it—the van was loaded up perhaps two feet above the sides—Ivans was sitting behind; he was not concealed from the driver; he was on the top of the pads—I believe it to be a sack that he handed to Driver—I have seen numbers of vans go without having boys with them (Mr. M'Namara here stated that it was usual for van drivers to have a boy with them)—Ivans got down and unlocked the wheel, and locked it again at the bottom of the hill—I cannot swear that he saw me, but he disappeared—he was then very close to the market—Driver drove the van into the market—when the boy was by the side of the driver, the bag was as much at his feet as at the drivers; it was in the centre, within an inch or two of each of them—the boy did not get off to hand the parcel to Driver—he worked himself to the top of the load—if he had said anything I could not have heard it.
MR. ROBINSON. Q. Was it a bundle of the size that this sack would be? A. Yes; I afterwards found the parcel in the spot where I had seen Driver place it—there was nothing in the van like it, except an empty sack, which would not correspond in size.
WILLIAM PRAGNELL . I am a constable of the Eastern Counties Railway. I was with Gavin when Ivans was taken—on the way to the Bishopsgate-street station I walked with Ivans, and he said, "I was innocently drawn into the affair, as the carman gave me the sack, and told me to put the fish in it"—he also said that he had a good deal to say, and should speak the whole truth to the Court.
Cross-examined by MR. PAYNE. Q. Were you and he together? A. Yes; he cried a little; he was crying for the space of three or four minutes—Gavin was walking with Ivans father.
(The prisoners' statements before the Magistrate were here read, as follows: "Driver says, 'I am perfectly innocent of the affair that occurred; I was not aware of the transaction.' Ivans says, 'Last Friday I went to the Eastern Counties station, about half past 4 o'clock; I went up to the fore-man, named John Turner, and asked him if he could give me a job, and he said he had got enough men, and I was standing alongside this gentleman's (Driver's) van, and his van was rather full behind; he asked me to help him load, and whilst I was doing so there was a mackerel half out, and I was knocking it in, and he said, "Don't pull it out you can get enough on the road;" I went down when it was loaded, and unlocked the wheel, and got up, and pulled out three mackerel; he then gave me a sack to put them in, and when I had got six in he said that was not enough; I put them in, but I do not know how many there was, and when I got up to St. Dunstan's-hill I got down and locked the wheel, and when I got to the bottom I unlocked the wheel, and tied the tail rope, and went away.' ")
(The prisoners received good characters.)
DRIVER— GUILTY . Aged 34.
IVANS— GUILTY . Aged 17.
Recommended to the mercy by the Jury.
Confined Three Months. Confined One Month.
MR. PAYNE conducted the Prosecution.
ROBERT MATTHEW CLARKSON . I am the master of the barque Albert, lying in the London Bocks—she arrived on 16th June—the deceased, Charles Heckley, was first mate—the prisoner was cook—on 16th March the ship was lying at a place called Appevista, on the coast of Africa; that is on the high seas—I was writing in the cabin, about a quarter past 9 o'clock in the evening, and heard a scuffle—I sent somebody to see what it was, and then went on deck—there is a ladder, up which you have to go from the deck to the poop, which is raised between four and five feet above the main deck—as I came out of the cabin I saw the mate staggering towards me; he appeared much intoxicated, and was on the steps to go down to the cabin—I said, "Mr. Heckley, you don't go down into the cabin in that state, to make the cabin in a mess"—the prisoner, who was behind him, snatched hold of his belt, which was round his waist, and dragged him very fast from the companion towards the edge of the poop—there is a rail there, but not across the gangway—I cried out, "Leave the mate alone! don't strike him"—I was afraid he had been thrashing him, because he was throwing himself about very furiously—the prisoner left him alone for a second or two, and the mate turned round and stepped into the front of the poop from two steps of the ladder going down to the main deck—he still appeared to be in a state of intoxication—he stood on the front of the poop, and was aiming a blow at the prisoner, and I being behind the prisoner, expected the blow as well, therefore I turned over from the larboard side to the starboard, and as I was crossing the deck I heard the mate fall from the poop on to the main deck—I then went, and saw him lying down on the main deck—I went down on the main deck, and said, "Mr. Heckley, this is very bad conduct of you"—he made no reply—he was lying on his back, with his face upwards—I did not speak to him a second time, I touched him—he was very much flushed in the face, and mutilated rather about the cheek bone and about the lips; I mean bruised; it was black, and swollen about the lips and both cheek bones—I called the second mate and the carpenter—I raised the deceased's head and shoulders, and tried every means to animate him, but was not able to do so—he died about a minute or more after I first went to him—I examined him, and found two small wounds on his eyebrows, which I compassed next morning with the prongs of the cook's tormentors, which is a sort of fork to get meat up with, and found that they were rather nearer together than the prongs, but I can account for that by the prongs contracting a little (I had not seen any fork in the prisoner's hand on this occasion)—they were not serious wounds—I rather think his nose was broken—he became discoloured behind the ears immediately after I went to him—I tried a blood vessel on the arm, but the blood would not flow—I know, from the prisoner's statement to me in the afternoon, that there had been a quarrel between him and the mate; he said that the night previous the mate had gone forward about midnight and thrown a deal of dirty water on his bed—I told him to go to his cook's house, and not to speak to the mate at present, as I thought he was rather intoxicated, and I did not wish to broach the subject; that was about 2 o'clock in the afternoon.
FREDERICK EVANS . I was steward on board the Albert. On 14th March I went on deck when this noise was heard—I got up before the captain, came, and found the cook beating the mate, who was lying on the poop, with his open hand; I cannot say whether he had anything in his hand—he gave him two or three more knocks on the side of the head, along the mizen mast and safe, knocking his head against the mizen mast and safe—the safe is where they keep the meat—the mate then got up, and was starting
towards the captain to go into the cabin, who was coming up at the time from below, and who had sent me to see what it was—the captain told the mate not to come into the cabin, and make it in a mess, and called out, "One or two hands, come and take Mr. Heckley away from the cabin door"—the prisoner was the nearest; he came and dragged the mate hastily towards the poop by his belt—whether the mate fell down the first time I cannot say; he got off the poop into the main deck, but I cannot tell whether he fell or not; he appeared tipsy—he came up to the poop again, with his head down, as if he was going to strike the cook, who was on the break of the poop—the cook gave him a push, and he fell down on to the main deck between two casks, and struck his head against a palm oil cask—I heard the captain speak to him after that, but he did not speak or move afterwards.
MR. RYLAND, who appeared on behalf of the prisoner at the request of the Sheriffs, suggested that there was no evidence of the cause of death. The COURT concurred in that opinion, and directed a verdict of
NOT GUILTY .
THIRD COURT.—Wednesday, July 5th, 1854.
PRESENT—Mr. Ald. CHALLIS; Mr. Ald. MOON; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
(The prisoner being a foreigner, had the evidence explained to him by an interpreter.)
GUSTAF POSILIUS (through an interpreter). I am a Norwegian, and am a sailor. On Sunday night, 4th June, I was in a public house drinking with some others—the prisoner is a shipmate of mine—there were six together, drinking—while we were there, the prisoner came in with a girl—I asked him what he brought the girl in for, and I tried to persuade him to go home with me—he was not willing to go—he would not go at present—we went out of the house together—the prisoner and the others, and the girl, all went out together—when we came out the prisoner began to run about; I was waiting for him—the prisoner was jumping about—I took hold of him, and said, "What do you do that for? come home with me"—I turned round, and the prisoner put up his hand and struck me—I had seen a knife in his hand two or three minutes before—he struck me on the ear and the cheek, on the right side—it bled much—I could not get my mouth open—I had no talk with the prisoner before—I had no quarrel with him; only I said he should leave that girl and come home with me—I am sure it was the prisoner who struck me—there was none so close to me, only him.
JOHN AMBROSE . I live in Fox's-lane, Shadwell. I was in Little Spring-street, on Sunday, 4th June—I saw the prisoner, and the prosecutor, and all the rest coming out of the public house—the prisoner was very quarrel-some—all the sailors were trying to get him home—the prosecutor was trying to persuade him to go home—the prisoner was a little tipsy—in going down Spring-street the prisoner fell, and two sailors fell on him—when he got up the prosecutor was coming towards him, and he raised his hand, and struck him—I did not see anything in his hand—as soon as he struck him, the prisoner ran away—I came to the prosecutor's assistance,
and found his face all cut, and blood was coming from his cheek—the prisoner was the only person who struck him.
MATTHEW CORNER . I am house surgeon, at the Tower Hamlets Dispensary. The prosecutor was brought to me on the night of 4th June, bleeding severely, with a severe wound, extending from the ear to the chin, on the right side—it was a deep wound; it exposed the jawbone; it had divided the ear—it was a very dangerous wound.
WILLIAM HENRY CAMPBELL (police sergeant, K 44). On the night of 4th June I searched for the prisoner—I found him in the water closet belonging to the house where he lodged, in Spring-street—he was intoxicated, but I think he knew what he was about—he had been concealed perhaps two hours or more when I took him.
GUILTY of unlawfully wounding. Aged 18.— Confined Nine Months.
841. EDWIN JOHN NICHOLLS , feloniously forging and uttering a receipt for the sum of 2l. 0s. 6d.; also, a receipt for 2l. 2s. 8d.; also, a receipt for 1l. 16s. 9d.; with intent to defraud Thomas Brittan Vacher, and another: also, a receipt for 2l. 2s.; also, forging and uttering a warrant for the payment of 3l. 0s. 9d.; also, embezzling the sums of 6s. 8d., 10s., and 6s. 9d., the moneys of the said Thomas Brittain Vacher, and another, his masters; also, obtaining 6s. 8d. by false pretences, of his said masters: to all which he
PLEADED GUILTY . Aged 38.—(He received a good character)— Confined Twelve Months.
OLD COURT.—Thursday, July 6th, 1854.
PRESENT—Mr. Justice CRESSWELL; Mr. Ald. MOON; and Sir ROBERT WALTER CARDEN, Knt, Ald.
Before Mr. Justice Cresswell and the Fourth Jury.
MR. PAYNE conducted the Prosecution.
ANN COOPER SEAGO . (This witness was examined by MR. JUSTICE CRESSWELL, as to the state of her religious knowledge, and was then sworn)—I am nine years old last month; the prisoner 'is my mother; she is not my first mother—she married my father; I do not know how long ago—I had a little brother named William—I do not know how old he was; I remember his dying—I have a brother named Tommy—he is not my first mother's child; he is the prisoner's boy—I recollect when my mother came home that Tommy said, "O, mother! Billy has got me into such a row"—mother said "What is it?"—Billy was sitting on a box; his feet touched the ground when he sat on it—mother knocked him off the box, and then he went to bed—he then got up again out of bed; no one had told him to do so—he had gone to bed with his clothes on—mother strapped him; and then she put him in the water, and washed him with his clothes on, and then Tommy took him out of the water, and wiped him, and undressed him, and put him to bed—mother put him into the water twice—I am sure I do not know whether he had his clothes on the second time; I think he
had not—the first time he was in the water, mother hit him several times with her hand—he could not get out of the water by himself, because he had not strength; he could not hardly move—after my brother wiped him, and put him to bed, mother told him to get up and rub the tea-tray; he did that, but did not rub it long; he seemed to be weak—after he had rubbed it a little while, father knocked at the door, and mother told Billy to go to bed—then she said "Go down and let the b—in;" I went dawn and let him in; and father came up stairs and said, "What has happened?" mother did not speak—father said "I will go out of this;" and mother said "Go, and take your b—y children with you"—father then went out; he did not stop a minute—Billy sat up in bed while father was there, and then mother pulled him out and threw him across the room on to a chair—his head was hanging down then—I think he was on the floor when she took him up—she threw him across the room twice, and his forehead went against a large tin box; that was not the box he had been sitting on—mother then kicked him several times, and Tommy said, "O, mother! don't beat Billy any more, you will kill him, and you will be hung!"—mother was then going to throw the pepper castor at Tommy for saying so—I said to Billy, "Get up, and let me wash you;" he did not get up, he was not able—he was lying on the floor, with his face all over blood, which came from his nose and forehead; he was dead then—the first thing mother said when he was dead was, "O my dear Billy, I do love you! O my God, what have I done!"—she sent for some brandy, and tried to give Billy some; but he was not able to swallow it—when she found he could not swallow it, she said to me, "Don't say anything or I shall be hung;" she then, wrapped him up, and took him to the hospital.
Cross-examined by MR. PARY. Q. What are you called at home? A. Annie—Tommy was bigger than me, but I do not know whether he was older—he complained of Billy getting him into a row—they had been out together all the morning, and Tommy had hit Billy, and father had hit Tommy—I have been taught to say my prayers—they have taught me at the workhouse—my second mother has not taught me or prayed with me at any time—I did not know any prayers before—my father had not been at home all this day—while all this was going on in the room, some bacon and eggs were being cooked for tea—there was not enough for all of us; I am quite sure of that—mother had brought the bacon and eggs in—the water was boiling to make the tea, and the tea things were laid—mother had come home first, and then gone out again to buy the bacon and eggs—that was before this happened—what Tommy said was, "Oh, mother, Billy has got me into such a row, and father has hit me"—my father came in while Billy was in bed—he did not stay at all—I have told you the truth here today—I have not said anything against my second mother that is not true—I always tell the truth, and never tell any stories—I have sometimes been scolded for telling stories—sometimes by my father, I think.
COURT. Q. You have sometimes told him what is not true? A. I have sometimes said what I ought not to have said.
MR. PARRY. Q. You have said something that never happened, have not you? A. Yes—I have got an aunt, Mary—I forget whether I ever said anything about my father and aunt that was naughty and wrong, I am quite sure I forget—the complaint of my telling stories has been made often—I have sometimes been a naughty little girl, and told stories.
MR. PAYNE. Q. Have you told us any stories to day. A. No—it was the beating that made Billy's forehead bleed—I did not notice any particular
blow on the forehead that made it bleed—it was before he went against the box that I saw his forehead bleeding—it was not his nose, but his forehead.
ERNEST HENMAN . I am a tailor, and live in York-street, Mile-end., The prisoner had been lodging at my house a twelvemonth when this happened—I do not remember her marriage with Seago—it was about three weeks previous to her coming to lodge with me—she was married when she came—there were no children by the second marriage—on Sunday, 21st May, I heard her come home after 4 o'clock in the afternoon—soon after she came in, I heard something fall, and I heard a child commence crying—it was Billy—I knew the children's voices—I have been given to understand that he was about five years old—the noise continued a short time—I cannot exactly say when it left off the first time—I remember the father coming home—after he had gone out again I heard the noise of a child, but it was a much fainter noise than before—after it ceased, I happened to go through the passage, and heard the prisoner crying and lamenting—she said, "My darling boy, what have I done? why should I put myself into a passion with, the children?"—I remember the little girl going up stairs after her father had gone out—after that I heard talking, and the child crying, and a rumbling noise on the floor.
Cross-examined. Q. Did you hear the brandy sent for? A. I saw the little boy bring in the brandy—I heard the prisoner say, "My God! What have I done? my darling boy."
Q. Did she appear to be addressing the child, "My darling boy, Billy, speak? A. I was in the room underneath, but I should expect it was the child she was addressing—she said, "What shall I do? why should I ill use my children?"—her husband is a bricklayer—I am not aware whether he was in straitened circumstances; he lost time when it was bad weather—they always paid their rent—the prisoner has borrowed money of me for the purpose of buying food for the children, and I have seen food bought with the money on several occasions; that was a twelvemonth ago—it is nearly twelvemonths ago since she borrowed money of me—I have not known her buy food since then out of her own money, because I have not been in her room—I think she was the worse for drink on this day, because she never made a noise when sober; she was very quiet when sober—she worked for my mistress once, in the tailoring line, and I heard her say since that time that she has made shirts—she had four children of her own, besides Annie and Billy, who were her husband's children—they did not all live together; two of them, Tommy and Emanuel, a lad of fourteen, lived out.
MR. PAYNE. Q. Had there been another child, a brother of the little girl, Annie? A. Yes, there were three by the first wife, but one of them died—I heard voices in the room on this day, but could not hear a word that was said.
HARRIET HENMAN . I am the wife of the last witness. I was at home the day the child Billy died—I heard the prisoner come home—she went up stairs, and then I heard thumps on the floor, and which sounded like slaps with a strap, as there was a space between each; and then I heard the child Billy cry, and heard Tommy say, "Don't, mother! don't, mother I"—I heard something frying, and I heard Mrs. Seago, as if she was eating, and she was swearing at the same time—the only words I heard were b—y and b—r, and then I heard slaps and thumps on the ground repeated as before; then Tommy said again, "Don't, mother! don't, mother!"—then there was a knock at the door; it was repeated, and then I heard Mrs. Cooper say, "Go down, and let the b—r in," and the little girl did so—
(the prisoner always went by the name of Cooper)—her husband came in and went up stairs, and the little girl went into the yard, and I saw bruises on her face—she met her father at the foot of the stairs, as he was coming down, and I heard him speak to her—I afterwards heard the prisoner say to her, "Where were you when your father was in the house?"—she said she was in the yard—Mrs. Seago said, "It is a lie, the b—y serf, in the shape of a man"—I then went into the back yard—I was going into the other room to put my things on to go to chapel, and heard the prisoner say, "My God, what have I done! why should I put myself in a passion and ill use the children! O my God, give me strength to go through it!"—before I heard those words I heard a faint noise in the room, the same as before, but not so much as before—I met Tommy in the passage with the brandy; he went up stairs, and I heard him cry, and his mother cry, and just afterwards she went out of the house—I looked out of the window, and saw her pass with the child in her arms, with something over it—she said the child was convulsed, and had got the rattle in its throat, but I did not speak to her—she went towards the hospital.
Cross-examined. Q. Did you see whether she was tipsy? A. She appeared by her violence to be tipsy, and as she passed the window she looked very strange, as though she had been tipsy and was frightened—she was very often tipsy, and her husband also—they used to quarrel and fight very much when they were tipsy—I have seen her with black eyes—her husband had been there that day—they went out in the morning, as they commonly did on Sunday mornings—they came home again, and he went out about 3 o'clock, as near as I can guess—it was past 6 o'clock when this happened—the prisoner has not borrowed money of me frequently—I have not been on intimate terms with her since last July, not to associate with her—I used to shun her, for her swearing was so awful.
WILLIAM WATSON (police sergeant, K 38). I took the prisoner at her place, about half-past 10 o'clock on the Sunday night—she was drinking a cup of tea—I said I had come about the child that was taken to the hospital, that it was a very bad job, and she must go with me to the station—she said she would go, but she would show me how it was done; that there was a large box about a foot and a half high, which she showed me; and that there was a small wooden tub standing close to the tin box, which was about a foot and a half high; that she was washing Billy in that tub, and he fell forward with his forehead on the tin box—I said she must accompany me to the station—she said, would I allow her to have another cup of tea; I said I would, and she poured out another cup and drank it, and then I took her to the station—going along, she asked who charged her; I said, "I shall charge you at the station on suspicion of causing the death of the child"—she said that it was a dear boy to her, she loved it dearly; that it was in a consumption, or was consumptive, and that it had been very weakly for some time—I afterwards went to the room and brought away the dress which she wore; it was smeared with blood—I examined the room, and saw blood on the floor and on the wall on the side where the tin box and tub were, but five or six feet from the tin box—that blood could not have come from the tin box, it was farther away.
ANN RANDALL . I am female searcher at the station. I searched the prisoner on Sunday evening, 21st May—I saw some blood on the bosom of her chemise—I asked her how it came there; she said it was blood that came from her dear Billy—she said, "It soaked through my dress; I have not the same dress on now"—she said she was washing Billy in salt and
water, and his arms were round her neck; that he fell like death, and fell on to the tin box—she said he was consumptive, and had a diseased heart.
MAJOR GREENWOOD . I was house surgeon, at the London Hospital. I recollect the child being brought there by the prisoner, I saw it directly—it was dead—(it was as near as possible 6 o'clock in the afternoon)—it had a horizontal wound about two and a half inches long, and three quarters of an inch wide, directly across the forehead; the bone was exposed by the wound—there was also a severe contusion on the head, about two inches above the ear; the upper lip was much contused and swollen, and there were bruises about the face and the body generally, but not serious ones; and various scratches—I made a post mortem examination; on removing the scalp I found contusions almost all over the head, both the sides and the posterior part—on removing the skull cap I found extensive extravasation and blood on the surface, and in the membranes of the brain; particularly on the left side, and about an ounce of blood effused on the posterior part immediately, behind the head—the ventricles of the brain were full of bloody serum, but in other respects the brain was healthy, and the other organs of the body were generally healthy; the heart was quite healthy—some of the mesenteric glands were enlarged, and the liver was enlarged—I attribute death to concussion of the brain, with extravasation of blood—they were such injuries as would be produced by a child being thrown on the floor or against anything.
Cross-examined. Q. Was the wound on the forehead the principal cause of death? A. No; it was of secondary importance—it went directly across the forehead, and had completely torn the flesh—this wound contributed but slightly to cause death; there was no extravasation corresponding to it on the brain.
GUILTY of Manslaughter. Aged 30.— Transported for Life.
Before Russell Gurney, Esq.
PLEADED GUILTY . Aged 48.— Confined One Month.
PLEADED GUILTY . Aged 59.— Confined two Month.
WILLIAM HOPE . I am a gardener, and live at Leyton, in Essex; the prisoner and her husband have been lodging in my house. On the first Tuesday in June, I searched the room that they occupied; I missed plates, dishes, knives, a variety of little things; pillows, a bolster, and a quantity of feathers out of the bed—I went to the house of Mr. Crane, a neighbour, and found an iron saucepan, some glasses, salts, plates, and a dish—I was sitting in my kitchen that evening, and saw the prisoner go to Mr. Crane's—these articles are all mine.
Prisoner. He promised my husband to take the things back again—this saucepan I took over that morning, and got a shilling—the other
things my husband promised to get out, and Mr. Hope agreed to take them back.
JONAS CRANE . I keep a crockery and tin wareshop, at Leyton. These glasses, salts, and saucepan, I received from the prisoner—she first sent a little girl with some things—she then came herself, and said she wanted to make up a little money for her work—she is a lint maker—I gave her a shilling for this saucepan, and glasses, and salts—these other things I took at different times.
Prisoner. Q. Did I not say I did not wish to sell them? A. You did; and I said I never lent upon anything—you said, "I will buy them of you again in the evening"—I said you should have them for 2d. more, if they were not sold.
COURT. Q. Did she come in the evening again? A. No; I do not know the first day she came to mo—it was nearly two months before this.
WILLIAMS JAMES LAWES . I am assistant to Mr. Bressy, a pawnbroker. These two pillows were pawned with me, and this blanket—I believe the prisoner to be the person who pawned them—she was quite familiar to me—one was pawned on 10th April, and the other on 12th May—there was a pair of trowsers pawned with the blanket—her husband came and took the trowsers away, and left the blanket.
ARTHUR HOUNSELL (policeman, N 295). I took the prisoner into custody—I told her what she was charged with—she was searched at the station by the female searcher, who gave me two affidavits, but no duplicates—the prisoner said there were two more duplicates in her house; one her husband had, and one was in the corner cupboard—I went, and her husband took a rummer glass out of the corner cupboard, in which was this duplicate of a blanket pawned for 3s.—not with the last witness, but with another pawnbroker.
Prisoner. Q. My husband gave you the duplicates? A. Yes; she told me her husband had two tickets, and I went to him and got them—this one is of the blanket pawned with the last witness—the other pawnbroker is not here.
Prisoner's Defence. My husband gave Mr. Hope the duplicates of some things, and he told him he would take the things back; on the day I got this shilling, I told Mr. Crane I would go in the evening and get the things, but I could not; I had lost two duplicates out of my pocket, and my husband said I had better go and get the declaration of them, and I did get them; I did it in consequence of my husband leaving me in distress with my children.
GUILTY . Aged 34.— Confined Three Months.
Before Russell Gurney, Esq.
MR. SLEIGH conducted the Prosecution.
HENRY GRAFTON . I am an engineer, and live in Chancery-lane. On 13th May I was chief engineer on board the steamer Karl Johann—we went down to see the launch of the Royal Albert, at Woolwich—about 3 o'clock that afternoon there was a barge along side of us—the Royal Albert had
been launched—the barge had been about a minute alongside of us when an escape of steam took place from the engine—I was at that time very near the steam chest—that escape of steam was accidental—the steam was then just rising—I think there were persons standing close to the valve, but I cannot say—I was very near the valve; so near as to be wetted by the escape—all the people who were near got wetted—I got to the valve, knowing it was likely to stick—we had not put the complement of weights on it—I stopped it, and I had not been away half a minute when it rose again; I went and put a weight on it—the defendant was in the barge alongside of us, seven or eight yards from us, and I had just left the valve when I saw the defendant distinctly level a bottle at me, and I received a violent blow on my head—I have not the least doubt it was him that threw it—the top of my ear was cut and hung right over, and my head has a severe cut in it—I am suffering from it to the present day—I have been obliged to place myself under medical treatment—I could not attend to business for a fortnight—I did not cause the escape of this steam—is was from natural causes—when a steamer stands by long, there is an accumulation of water at the top of the valve, and when the steam rises it comes out.
Cross-examined by MR. RIBTON. Q. Is this what is commonly called a safety valve? A. Yes; a safety valve passes to the escape pipe—there is nothing to cover the top of the escape pipe—I went to put down the valve with my hand—on raising the valve the steam would get into the escape pipe—there is a handle, and a piece of iron projects to close the pipe—it should have had weights on it, but it had but one—when I went to it the second time I hung on another weight—that was just prior to my receiving the blow—when I went to it the first time, I merely put my hand to it to put the valve down—there is a handle and a lever beside, which I should call a fixed lever—I touched the lever—I did not touch the other—the one that I did not touch is far raising the valve or pressing it down—I pressed it down, which would close it—it is a usual thing for the steam to escape when the steam is rising—there was only one weight on the valve instead of three—if we were moving or going to move, there ought to have been three weights—I had given instruction to get the steam up; it would have taken about a quarter of an hour to get it up—the weights would not have been put on till we were going to move—when I received the blow, I had just left the lever—the barge was near our stern, I do not think she touched the stem—she was near us—it was on the same side that the chest was that I was standing near—I was on the port side—the right—the other is the starboard side—I was on the right hand side of the steam chest, which extends to the stern of the vessel—it is round the funnel, but it is more toward the stern than the front—while I was touching the fixed lever, my back was partly towards the barge—I was struck on the right ear as I was leaving the lever—the people on the barge complained of being wetted—there were some ladies on board—I suppose there was a refreshment there—the steam, however, it escaped, wetted the people on board the barge, and us too—there must have been water collected in the escape pipe, and the steam rushing out would be turned into water, so that altogether there would be a considerable quantity of water thrown on the people—when the first escape took place, I went to the valve—the second escape was after I touched it—but it stopped immediately after I touched it—on the second escape little came out—I touched it twice, only to put it down—on its rising the second time, I touched it again, and put a weight on it, and then I was struck—I saw the
defendant with a bottle in his hand, I think it was—it appeared to be a ginger beer bottle—I saw him raise his hand and throw it at me—I was struck immediately on leaving the valve—I think there were many persons near the defendant—I noticed him—I did not notice any one else—I did not hear the defendant say anything before I was struck.
MR. SLEIGH. Q. Whatever you did, was it for the purpose of stopping the escape of the steam? A. It was, and it was after my touching the valve the second time, after the second escape, that I was struck—I was at that time just leaving the valve—my back was not to the barge when I was struck—to open the valve, and allow an escape of the steam, it would have been necessary to get on the steam chest, and raise the valve up with my hands.
WILLIAM CLARK . I am an engineer, and reside at Islington. I was on board the steamboat—I did not see the first escape of steam; I saw the second—I saw the effect of the first escape on the persons in the other boat—there were very few wetted on board our boat, because there were very few persons on board—the persons who were there were wetted, and it wetted the decks—I did not see Mr. Grafton go to the valve to stop it—I saw him at it, and he appeared to me to be endeavouring to close the valve—just as he left the valve, the bottle struck him, and cut the top of his ear, and he stooped and picked the bottle up—I did not see the bottle thrown; I saw the direction in which it came; it came from the direction of the barge—I saw the defendant on board the barge immediately after Mr. Grafton was struck, and the defendant instantly addressed me, and said he would give me another, or he would give me one too, holding another bottle of this description in his hand—I had not the misfortune to receive another—an escape of steam is a matter which may accidentally take place—it always takes place when the steam rises to a certain pitch—this was quite an accidental escape—nothing took place to indicate that the escape was caused by premeditation of anybody.
Cross-examined. Q. There was a great outcry on board the barge after the first escape? A. Yes; the people complained of being wetted—I believe the defendant is a licensed victualler; I believe he was providing the refreshment—when he said he would give me another, I suppose Mr. Grafton did not hear it—he was wounded just before—an altercation took place immediately afterwards.
---- CROW. I was master of this steamer on that occasion. I remember Mr. Grafton being struck—just previous to that there was sufficient steam to cause elevation of the valve, and cause an escape.
JOSHUA JUDGE (Thames police inspector). I was on duty, and took the defendant—I said he was charged with throwing a bottle of ginger beer at the engineer's head—he said, "Look here; my provisions are all spoilt."
Cross-examined. Q. And he showed you his clothes? A. Yes; they were wet—I saw the state in which the people were; they were wet and muddy—one lady had on a silk dress.
GUILTY of Unlawfully Wounding. Aged 24.— Fined Ten Pounds.
MESSRS. DAWSON and W. J. PAYNE conducted the Prosecution.
him, he gave me a bad shilling—I gave him sixpence change, and put the shilling in my side pocket—I had no other money in that pocket; the prisoner and the other parties who were with him drank the gin, and the prisoner then went up stairs—shortly afterwards, Brooks came down for half a pint of gin—he gave me a bad shilling, and in consequence of what he said to me I went up stairs and saw the prisoner—I sent a lad for a policeman, and he took the prisoner into custody—when the prisoner came down into the parlour, I asked him if he had any more bad money—he said he had no bad money at all in his possession—I gave the two shillings to the officer.
GEORGE BROOKS . I am in the service of the last witness. On 6th June, I was in the up stairs room—I saw the prisoner there—he asked me for half a pint of gin, and he gave me a shilling—I took it down and gave it to my master, he said it was bad—I went up stain with my master, and showed him the prisoner—he sent for a policeman.
WILLIAM SORRELL (policeman, K 410). I was called to take the prisoner, I told him he was charged with uttering counterfeit coin; he denied having any bad coin in his possession; he said he had plenty of money, but no bad—I found on him 12s. in good money, and 2s. 2d. in copper—I took him to the station, and asked him where he lived—he said he had no place of abode—these are the two shillings that were given to me.
Prisoner's Defence. I could take a solemn oath I never passed any bad money; I went there in hopes of getting some work; I was promised work that evening.
GUILTY . Aged 35.— Confined Nine Months.
PLEADED GUILTY . Aged 42.— Confined Four Months.
MR. METCALFE conducted the Prosecution.
(The prisoner being a foreigner had the evidence explained to him by an interpreter.)
JOHN WHITE (policeman, R 180). On Sunday evening, 25th June, I was on duty at the pier at Greenwich; I saw the prisoner on the pier, and Sophia Allen was close to him—I saw the prisoner put his left hand down by her pocket, on her right hand side—she removed about a yard on the left and the prisoner followed her, and placed himself by her right hand side—he put both his hands down by the side of her dress, and stood in a stooping position for about a second—he then turned himself sharply round, put something in his right hand pocket and walked away—I told the lady she had been robbed, and told her to follow me—I went after the prisoner and apprehended him on the stone pier, about thirty yards from the floating pier—he became very violent, I was obliged to throw him down—the lady came up, and said she had lost her purse—I put my hand in the prisoner's right hand pocket and took this purse from it, which the lady identified.
Prisoner. I did not act with any violence. Witness. He was very violent, I was obliged to get assistance.
the prisoner till the officer came to me—in consequence of what he said, I felt in my pocket, and missed my purse—it had been safe in my pocket five or seven minutes before—I followed the officer, he had taken the prisoner when I got up to him; I saw him take this purse, which is mine out of the prisoner's pocket—it contains the same money it had in it before I lost it.
Prisoner's Defence. I was coming out of the boat; I perceived the purse, and I took it up; I examined to see if there was any one near to claim it; I looked round for three minutes, holding it in my hand—the officer who saw me with the purse in my hands took me in charge when he saw me put it in my pocket.
GUILTY .— Confined Six Months.
Before Mr. Recorder.
PLEADED GUILTY . Aged 44.— Confined Three Months.
PLEADED GUILTY . Aged 24.
(The prosecutor stated that the prisoner had been in the artillery seven years, and that he had made a charge against two other men of having taken the money.) confined six months.
COPE— PLEADED GUILTY . Aged 39.—He received a good character.
Confined Four Months.
MR. SLEIGH conducted the Prosecution.
CHARLES SMITH . I live at Woolwich, and am collector of rents on the estate upon which Lyme Cottage is situated—it was untenanted on 9th June—I was there on Thursday June 6th, and saw the copper and the lead quite safe; they were fixed to the premises—on Friday June 9th, about 6 o'clock in the afternoon, I was going there, and when I was within a few yards of the cottage, I saw the two prisoners coming through a gap in the hedge with the copper (the house stands about fifty yards from the road); the gap in the hedge is about two yards from the garden wall, which is about four feet high at the back, and ten feet at the front—a person after getting through the gap, could not get to the house without getting over the back garden wall—I knew the copper when I saw it, but I said nothing to the prisoners, but opened the garden gate, run down to the bath house, and found the window open, and the front door forced open—it is a' brick building in the garden—I had the keys with me—I then went after the prisoners, and found them on the turnpike road carrying the copper—I asked them where they got it; Cope said they found it in the hollow, where they had gone to gather elder blossoms—they both said that—I told them it had been stolen from premises which I had charge of—they said that I knew them both, and I could not suppose that they would steal the copper—they are both tenants on the estate—one rents a piece of ground, and the other a cottage and garden—they said that rather than get into trouble, they would take the copper back to where they found it; and in order to gain time for a policeman to come, I told them to take it back to where they found it, which they did—they took it through the gap in the hedge. I found the
brick work of the wall broken, and there were traces of where it had been put over the four feet wall into the hollow; the stone and brickwork were broken down in putting it over (the brickwork where the copper had been was also broken)—it weighs 109 lbs.—it would be possible for one man to put it over—I also missed five feet of lead piping, which had been attached to the pump, to supply cold water to the bath—I was afterwards shown an old pipe by the wife of Millard, who keeps a marine store shop, and recognised it as the same—as soon as a policeman came, I gave the prisoners into custody.
JAMES LAST (policeman, R 76). I received information, went to where: Mr. Smith was standing, and took the prisoners, at Cope's house, which is close to the spot—I told them the charge—Cope said it was very hard that a person could not do as they liked with what they found; and Blackwell said, "I think so too"—I found this lead (produced) at Millard's stop—I allowed him to bring it to the police court the next day—I found a hammer; chisel, and saw, in the waste piece of ground—Millard identified them—they were close to where the copper had been carried—I examined the premises, and found traces of where the copper had been taken over the wall, at the back of the bath house.
CHARLES MILLARD . I keep a marine store shop, at No, 124, Lower-street, Woolwich-road. About half past 1 o'clock, on 9th June, Cope brought these pieces of lead into my shop, and I bought them of him—Blackwell was not present—this saw is not mine, but the hammer and chisel are—I had not change to pay for the lead, and went to a public house opposite—Cope accompanied me, and so did Blackwell, whom we found at my door—I got change, and paid Cope 3s., in Blackwells presence—Cope called for a pint of porter, and I drank some of it, and so did Blackwell—I then had a conversation with Cope, but I do not think Blackweil heard it—I gave 1/2 d. a pound for the lead, and there was an odd pound, which I did not pay for—this (produced) is the corresponding piece of lead, which was left on the wall.
(Blackwell received a good character.)
GUILTY . Aged 40.— Confined Four Months.
MR. RYLAND conducted the Prosecution, and MESSRS. PARRY and METCALFE the Defence.
NOT GUILTY .
Before Mr. Recorder.
MR. RYLAND conducted the Prosecution.
MICHAEL EVERETT . I am bailiff to Mr. Thomas Watney, who holds land at Wimbledon, The prisoner, and several other agricultural labourers, were in his service, and had been employed in putting an oat rig into the barn—they all dined together, and were all good humored and friendly—I know
of no quarrel between the prisoner and the deceased—there was a gun on the premises—I knew that it was loaded, and I told the prisoner to take it and carry it down to the field, for me to shoot the rooks, if there were any—I did not tell him that it was loaded—we went down the field together—I saw the deceased in the field, about twenty-five or thirty yards from us—the ground we were on, was about two feet higher than where he was—just as we passed him, he did this (extending his fingers behind him, in an insulting manner)—I cannot say how the prisoner was carrying the gun, because my back was towards him, but I heard it go off, and I looked round immediately, and saw the deceased come running towards us about half way, and then he fell down—I started up to my master's directly, and a medical gentleman came and attended to the deceased—I did not see him die.
Cross-examined by MR. RIBTON. Q. Did not the prisoner say to you, "Why did not you tell me that the gun was loaded?" A. Yes.
ALBERT COLLINS . I am a farm labourer in Mr. Watney's service. On Thursday, 2nd June, I saw the prisoner, with a gun in his hand, about twenty yards from the deceased, and on higher ground—I saw the deceased stoop down, and smack his backside at Weston—it appeared to be in joke; he was always in the habit of joking—the prisoner took the gun off his shoulder, cocked it with his left hand, and held it up with his left hand—I only saw one hand touch it—I then turned myself, and saw the deceased rising up from performing that salute, as if he was turning to his work—when the gun went off and hit him, the prisoner dropped the gun, and called out, "Oh, Lord!"—the deceased ran towards him—the prisoner ran to him—Steer was next, and I was next—I saw blood gush from his mouth and nostrils—the prisoner said, "Oh, Mike! why did you not tell me that the gun was loaded?"
COURT. Q. Did you see him point the gun at the deceased at all? A. No; when he cocked it, it was pointed several yards above the deceased—he took it off his shoulder, leaned it against his body, and cocked it with his left hand.
NOT GUILTY .
Before Russell Gurney, Esq.
WHITE— GUILTY . Aged 24.
PIPE— GUILTY . Aged 22.
Four Years Penal Servitude.
MESSRS. CLERK and W. J.PAYNE conducted the Prosecution.
SARAH ANN GIBBS . I live with my father and mother in Apollo-buildings, Charles-street, Waterloo-road Chi 9th June I was going home, between 6 and 7 o'clock—I met the prisoner in Windmill-street, he asked me to go to the shop at the corner of Wooton-street for a quarter of a pound of dripping—he gave me a half crown, and told me he would give me a penny when I came back—I took the half crown to Mrs. Turner's, the corner shop—I gave the half crown to Mrs. Turner, and she kept it—I came out of the shop to look for the prisoner, and he was gone.
Prisoner. Q. How are you sure it was me? A. You had a brown coat on, and you have got a brown coat on now—I did not know you were locked up till the policeman came and fetched me about a fortnight afterwards—the policeman did not say it was the man with the brown coat on.
COURT. Q. When you saw the prisoner again, you said he was the person? A. Yes; the policeman took me to the Court, I saw the prisoner there—there were some other persons in the room—they told me to look round and see if I should know the man again, and I looked and said that was the an that gave me the bad half crown.
ANN TURNER . I live at the corner of Wooten-street, Cornwall-road, Lambeth; I keep a shop. On the evening of 9th June, the last witness came to my shop for some dripping—she gave me in payment a bad half crown—I asked her some questions and detained the half crown, and told her to send the man in for it—she went out and some one with her, and they could not find the man—I marked the half crown, and gave it to the policeman—this is it.
THOMAS SHAD . I live with my parents, in Tennison-street, York-road. On Friday, 9th June, I was in Westminster-road—the prisoner came to me; and said, "Little boy, go over the way for me, and get me a quartern of gin, and I will give you a penny"—he gave me a half crown and a bottle—I went over to the Red Lion public house, and asked for the gin—I gave the half crown in payment which the prisoner gave me—the person to whom I gave it tried it with a magnet, and he kept it—he put a quartern of water in the bottle, and told me to give it to the man that waited outside—I went outside—the prisoner was not at the same place, he was over on the other side—I gave him the bottle, and he said, "You have not the change, go over and get it"—he looked and saw the barman, and he ran away—I was not far from the public house at that time, just over the way—the barman came to me and said, "Is that the man?"—I said, "Yes; that is the man"—he ran away—I saw the prisoner at the station the same night—I went there with the policeman.
Prisoner. Q. How can you swear to me? A. By your face.
WILLIAM PINION . I am barman, at the Red Lion. On 9th June, about half past 8 o'clock, the last witness came in with a half crown which I tried, and found was bad—I asked him where he got it, and he told me—I put a quartern of water in the bottle, and told him to take it over to the man—I stood at the door, and saw the prisoner cross over to the boy—the prisoner turned and saw me with my white apron; and he ran, and I ran—the policeman caught him—the man the policeman caught was the same that I saw speak to the boy.
Prisoner. Q. If you saw me speak to the boy, what did you speak to the boy for? A. I asked him if that was the man that gave him the half crown—I saw your face, and saw you speak to the boy—I dare say the distance across the road is a dozen yards—I did not say at the station that I heard you tell the boy to go and get the change.
MR. W. J. PAYNE. Q. What did you do with the half crown? A. I gave it to the policeman.
THOMAS OSBORN (policeman, L 144). I was on duty in Westminster-road, on the evening of 9th June; I heard a cry of "Stop thief!" about 200 yards from the Red lion—the prisoner was running, and several persons after him—I pursued, and stopped him in Mason-street—the barman was about a dozen yards from me—he came up, and charged the prisoner with uttering a bad half crown—he gave me this half crown—I asked the prisoner his address, and he refused to give it—I was present when Sarah Ann Gibbs came to Lambeth Police Court, last Saturday week—she was examined by
Mr. Jarman, who asked her if she knew the nature of an oath—the prisoner and several others were in the Court, and she was asked if she should know the prisoner again—she said, "Yes," and Mr. Jarman asked her to point him out—she turned round, and pointed him out.
Prisoner. Q. I never was in the Court at all, I was in the private office where the clerk sat? A. It was in the office; but it is connected with the Court.
COURT. Q. Where was it? A. It was in the room attached to the Court—there were eight or nine persons standing there.
The prisoner's statement before the Magistrate was read, as follows: "I deny the charge—I never saw the boy, or the man either—I was going up Stangate-street when they hallooed out, 'Stop thief!'"
Prisoner's Defence. I have no one to defend me, and there are two children brought against me; I was remanded three times, and they never brought the piece of money against me; if I were going to die this minute I never saw them; I have a wife and two children; I would scorn to do such a thing.
GUILTY . Aged 27.— Confined Twelve Months.
MESSRS. SCRIVEN and W. J. PAYNE conducted the Prosecution.
MARGARET MARTIN . I am the wife of William Martin, who keeps a fruit and sweetstuff shop in Wandsworth-road. On 11th June Williams came in—he asked my daughter, who was in the shop, for a 1d. worth of acid balls—she served him, and he gave her a sixpence—I saw it was bad—I called my husband, he bit it and bent it—he told Williams it was not good—he said he had better nail it to the counter—he gave me a shilling, and I gave him 11d. out.
MARY ANN MARTIN . I recollect 11th June—the prisoner Williams came into my mother's shop, in Wandsworth-road, to purchase a 1d. worth of acid balls—I served him, and he paid me a sixpence—I gave it to my mother in about a minute after I received it.
WILLIAM MARTIN . On Sunday, 11th June, my wife called me—I went into the shop, and she gave me a sixpence—I bit it, and bent it—the prisoner Williams was there, I told him it was bad—he said I had better nail it on the counter—I put it into my pocket, where I had no other money—he then tendered another sixpence—I did not like the look of that, and he gave a good shilling, for which my wife gave him change—he then left, and I saw him join the prisoner Smithson and another one about twenty yards from my shop—they went on, and I continued to watch them for about an hour till I had them taken—they went to Battersea, and into a field by Battersea church—I saw some schoolboys, and sent for a policeman—I gave the sixpence to the constable Spice.
Cross-examined by MR. HORRY. Q. You watched them for about an hour, and you wandered about as they did? A. Yes; I should know the third person who was with them—my shop is nearly a mile from Battersea-fields, where the prisoners were taken—there are plenty of shops and houses about there—I saw Smithson and the others go and lie down in the fields, and then I told the boys to get a policeman—I should think I was 100 yards from them sometimes—I was about twenty yards from them at one time—they
saw me in the course of the mile—when they were taken two were walking in the road, and Williams was behind them in the field—it was nearly opposite a public house—they were taken into the public house—I did not go in with the first two, I went back to the field with the other policeman, who took Williams into custody—when I was in the public house they were taken in the taproom and searched—I saw a sixpence taken from Smithson, and a sixpence from Williams—I saw both the prisoners distinctly from the time I saw them in the road till I gave them into custody—I saw everything they did as far as I could—they were taken close to the public house—the landlord came out and said, "You can take them in my house"—I think Smithson was searched vigorously—there was some good money found on him.
ALFRED SPICE (police sergeant, V 47). I took Smithson; I found this bad sixpence in his right hand trowsers pocket—I found several sixpences and fourpenny pieces with the bad sixpence; they were, ail mixed together—I produce another counterfeit sixpence, which I received from Martin.
Cross-examined. Q. You searched the prisoner in the taproom of the beer house? A. Yes—I thought I searched Smithson pretty vigorously, but it appears I did not—I took all the money I found, and I thought I looked everywhere—another officer searched Williams—I tied Smithson and the one who was discharged, together, with a handkerchief—I believe I was first with Smithson and the one that was discharged—I broke my leg some time ago, and I knew I could not run after them—Smithson's right hand was tied to the other lad, and I was on the left of them.
Cross-examined. Q. Did you follow the other officer and Smithson? A. I was with them; they walked by the side of me—the path was so wide that we could walk abreast—I did not see the prisoners do anything extraordinary.
JAMES SPICER . I lire in Polygon-buildings, Clapham; I am a school-boy. I saw Mr. Martin on that day—he sent me for ft policeman—I saw the prisoners taken—while they were going to the station, I saw Smithson throw something behind him—he was at that time tied to a person—I was near enough to know that it was not the other one—it was Smithson that threw it—it was a shilling he threw—I took it up and gave it to the policeman; not directly, but it was not half an hour—I marked the shilling on the head when I gave it him; I should know the mark again.
Cross-examined. Q. How far from the station house did you pick it up? A. About a quarter of a mile; there was a crowd—I was at the head of them—there were three persons in custody—I was taking a walk in Battersea-fields—I had been up the river—I had some companions with me—there were six of us altogether—there is no other of them here to-day—when I saw the shilling thrown down, I did not tell the policeman directly; I ran back to see if there were any more—I knew where the station house was—they got on beyond me—I was looking about for twenty-five minutes—I then went to the station house.
MR. SCRIVEN. Q. Was there anybody between you and the prisoners when the shilling was thrown? A. No.
(Smithson's father in-law gave him a good character.)
WILLIAMS— GUILTY . Aged 17.
SMITHSON— GUILTY . Aged 17.
Confined Six Months.
MESSRS. SCRIVEN and W. J. PAYNE conducted the Prosecution.
CHARLES PEEKHAM . I am a tobacconist, and live in the London-road. On 21st May the prisoner came, about 10 o'clock at night, for a quarter of an ounce of tobacco—it came to a penny—he gave me a counterfeit sixpence—I bent it, and told him it was bad, and I should give him into custody—he said he did not know it was bad, and he put down a 4d. piece, but I did not take it—I took the tobacco, and gave the prisoner into custody.
JAMES BRADLEY . I took the prisoners on 21st May, and received this sixpence from the last witness—the prisoner said he did not know it was bad, and he had received that and the 4d.-piece that day—he was taken, and discharged.
DANIEL GIPPS . I keep an oyster stall, in the New Kent-road. On Thursday, 15th June, the prisoner came to my stall between 12 and 1 o'clock in the morning—he first called for a 1d.-worth of oysters—he then said, "Let us have another 1d.-worth together"—he had another one with him—he put down a shilling—I took it, and found it was bad—I said, "This won't do for me"—he immediately gave me a good one—I gave him the bad shilling back, and gave him change, and he went away.
GEORGE LITTLE . I keep an oyster stall, in the New Kent-road. On 15th June, the prisoner came to my stall for a 1d.-worth of oysters—my stall is not far from the last witness's—the prisoner had a 1d.-worth of oysters, and he gave me a shilling—I examined it, found it bad, and gave it to the policeman.
THOMAS POULTER (policeman, P 356). I took the prisoner; he was gone from the last witness's stall—I ran and took him—he was with two more—I said I took him for passing a bad shilling—he said, "I know nothing about it"—I said, "Do you know nothing about the shilling at the other stall?"—he said, "It was not me that gave it—it was a boy that was with me"—he would not say where he worked—I received this shilling from the last witness.
Prisoner's Defence. I went with another young man to the stall, and had a 1d.-worth of oysters; he then went to another stall, and said he would have some more oysters; I said I would have a halfpenny worth of coffee; we were then going along, and the policeman took me.
COURT to DANIEL GIPPS. Q. You say the prisoner and another man came together; are you sure which it was gave you the shilling. A. I am not certain—it was laid down on the board, I do not know who laid it down. I was busy.
Q. But you said before that the prisoner gave it you? A. No; I said that I took up the shilling and said, "This is a bad one"—I gave the shilling back to the prisoner, and he gave me a good one in return, and it was the prisoner who asked for the oysters.
COURT to GEORGE LITTLE. Q. Who asked you for the oysters? A. The prisoner; and it was him who gave me the shilling.
(The prisoner received a good character.) GUILTY . Aged 16.
Recommended to mercy by the Jury.— Confined Four Months.
MESSRS. SCRIVEN and W. J. PAYNE conducted the Prosecution.
FANNY WRIGHT . I live at No. 10, Thurlow-place, Walworth. On Friday, 16th June, the prisoner came between 11 and 12 o'clock for some cheese—it came to 1 1/4 d.; she gave me a shilling—I gave her change, and put the shilling into the till—there was no other silver there—the prisoner left, and she came again on Monday, the 19th; I saw her come down the street, and come to the shop.
MARY ANN WRIGHT . I am mother of the last witness. I went to my till on 16th June, and found only one shilling in it, which was bad—that was between 11 and 12 o'clock—on Monday, the 19th, I saw the prisoner in my shop; she came for some bread and cheese—she gave me a shilling; I tried it in the detector, and it bent—I told her it was bad—she said she never passed bad money, and she knew nothing about it—she offered lace out of her basket to the amount—I told her that she had come with a bad shilling on the Friday previous—she did not say anything at the time, but she said afterwards that she had not been there on the 16th—I gave the shillings to the policeman.
Prisoner. Q. You did not give mo into custody then? A. No; you came back and said you had dropped the baby's sock, and then you were taken.
Prisoner. Q. Did I not go out the second time? A. Yes; and my daughter met you, and brought you back.
MARY ANN WRIGHT , Jun. On 16th June I saw the prisoner in the shop, between 11 and 12 o'clock; I saw her give my sister a shilling, which she put into the till—shortly afterwards my mother went to the till, and took the shilling from it—there was no other shilling in the till—on Monday, 19th, I saw the prisoner in the shop, and when she left the second time I followed her; and made her come back—I saw the policeman; he fetched her back.
WILLIAM TUPPER (policeman, L 91). I took the prisoner on 19th June—I received these two shillings from Mrs. Wright—the prisoner was there at the time—she denied being there on the Friday—she gave an address at No. 7, Gun-street, Friar-street; I inquired there, and could not hear of her.
Prisoner's Defence. I took the shilling for a bit of lace, not being aware that it was a bad one; I went and asked for a 1d. worth of cheese, and gave it her, and she said I had been there before; I said I had not; I went away and missed the baby's sock; I went back for it, and came away; I walked to the top of the turning, before the policeman came and took me; I had a person to prove I was not there on Friday.
GUILTY . Aged 21.— Confined Six Months.
MR. PLATT conducted the Prosecution.
JOHN BARTON . I live in Lower Norwood, and am a labourer. On 13th May, about 12 o'clock at night, I was going home to my lodging from the Thurlow Arms—as I went home, I found a noise opposite the Oak Tavern—I saw three or four persons, who were quarrelsome—I did not go to see what was the matter then; I went about two or three minutes afterwards—when I went the prisoner came out from among the crowd—he was stripped
to his shirt sleeves—he called himself by name, and said, "Jack Hanley, I am the man for all the b—y English"—he then struck me a full-handed blow behind the left ear, on the back of the head—I could not see what he did it with—I could not discern whether it was a knife or not; it was something sharp like a knife—it cut me—I felt the blood trickling down my neck—I was then knocked down, by a blow on my head, down to the ground, and I then found myself cut on the shoulder—I was then cut on the side of my head—when the first blow was given me I saw the man who did it—the prisoner is the man—I cannot tell who gave me the other two cuts—the prisoner did not say a word to me before he cut me—I had not offended him in any way before—he came out in this way to me—I did not know him—a great deal of blood came from me—I was afterwards taken to Guy's Hospital, and remained there sixteen days—I was not able to work for some time, and up to this day I feel the effects of it—I was obliged to go to work last week, and I was not able to do it, and I am under the hands of Mr. Sharp—I saw the prisoner about a month after this, at the police court.
Cross-examined by MR. METCALFE. Q. You had been in the Thurlow Arms? A. Yes—that is nearly a quarter of a mile from the place where I was attacked, which is just beyond the cemetery—I had seen the prisoner in the Thurlow Arms—I did not go with him from the Thurlow Arms—I was making my way home—the prisoner had left the Thurlow Arms first—the prisoner had one other man there; I would not say whether it was one or two—there were a great many persons there—I do not know whether the prisoner is an Irishman—I did not hear one of the English in that house setting on him and his companion—I did not see any fighting there or outside—they were arguing and quarrelling, and using strong language in the Thurlow Arms—I did not see any blows—I remained there altogether about two hours and forty minutes, from the time of entering till coming out—I drank part of three pints of beer; not the greater part—I drank no liquor—I cannot say what the prisoner drank—I could not say whether he appeared drunk when I saw him at the Oak—there were three or four persons near the Oak—they were before me at the Oak—I might say there were five persons between the Thurlow Arms and the Oak—I could not say whether the prisoner and his friends were fighting against the others.
JAMES DEVINE . I live in High-street, Lower Norwood, and am a wood-sawyer. The prisoner lodged at my house—on 13th May he went out between 8 and 9 o'clock—he said he was going to London to get a better job, and if he could get one he would not come back—he never returned.
Cross-examined. Q. How long did he lodge with you? A. Five weeks at one time, and he left me and returned—he lodged three or four months in all—he bore one of the best of characters that a man could bear—he was quiet and decent, and a well behaved man—when he came home from his work, he was there till he went out again.
GEORGE BRITTAIN (policemen, P 876). On 13th May, I was on duty at Lower Norwood, about a quarter before 12 o'clock at night—the prisoner came out of the Thurlow Arms; he came up to me and said, "I will rip your entrails open"—I drew out my cutlass and said, "Stand back!" and he stood back—soon afterwards I heard a cry of "Police!" in High-street, Lower Norwood, close to the Oak—I went as quick as I could run, and I saw the prosecutor lying bleeding, and the prisoner was about ten yards off running away from him—he was in a dark waistcoat, and stripped to his shirt sleeves—I ran after him, but did not catch him—I did not see him till I was sent for to the police station, and saw him in custody—as he was
running away, some one cried out, "Here are the Irish, who will kill all you b—rs"—I went to Devine's house, and he detained me at the door for five minutes before I was let in—I got in and searched the house—I could not find the prisoner—I found the back door unfastened—I could not find the prisoner for three weeks afterwards.
Cross-examined. Q. Were there other persons round the Thurlow Arms? A. Yes; the prisoner and his mate came out together—there were other men round the Thurlow Arms and the Oak—I cannot say how many—there might be a dozen—there was quarrelling and fighting going on at the Thurlow Arms—I did not see any at the Oak—I do not know what the fighting was about, they were in confusion—there was fighting and quarrelling going on when I passed the Thurlow Arms.
JOHN INCE . I am house surgeon at Guy's Hospital Barton was brought there on 14th May; I examined him, he had three incised wounds—and a slight abrasion on the chin—one wound was on the right temple, three or four inches long; not very deep—the flesh is not very deep there—there was a wound on the left side—the one behind the ear was a dangerous one—he remained in the hospital fourteen or sixteen days—he was in danger the first few days—I observed a cut in his coat which corresponded with one of the wounds.
GUILTY . Aged 28.
861. JOHN HANLEY was again indicted for feloniously cutting and wounding Henry Farebrother; also, feloniously cutting and wounding John Simms; also, feloniously cutting and wounding John West, with like intents: to all of which he
PLEADED GUILTY . Aged 28.— Four Years Penal Servitude.
Before Mr. Baron Martin.
MESSRS. RYLAND and CLERK conducted the Prosecution.
ALFRED PUXTY . I lodge at No. 2, Reed's-place, Newington-causeway. Mrs. Rose Murray was the owner of that house—she was a widow—she occupied the back room on the ground floor—the prisoner occupied the front room on the ground floor in June last—there were other lodgers in different rooms in the house, and amongst them was a brother of the prisoner, who lived in a room up stairs—I do not know how long the prisoner had been lodging in the house; I believe four or five years—I have only been there three or four months—he was there when I came—on the morning of 7th June I was awoke by Mrs. Larter, a lodger in the house, about half past 5 o'clock—I got out of bed—Mrs. Larter called me, and returned to her bed—I went to the stairs, and saw the deceased, Mrs. Murray, two steps up the stairs from the ground floor—she was trying to get up the stairs, with her legs and hands on the stairs, trying to walk up as well as she could—she was in her night dress—the prisoner was close behind her, on the floor—I saw him draw a knife across her left thigh, and she fell back, down the three steps—the prisoner had all his clothes on, and his hat—he then walked towards the front door—I ran down, and caught hold of Mrs. Murray's left hand—I looked along the passage, and the prisoner had a clasp knife in his hand; he drew it through his hand, shut it, and put it into his pocket—there was a sound proceeding from the deceased, like a gurgling in her throat, when I had got hold of her left hand—she was not able to speak—the prisoner came back while I had hold of her left hand—he put the knife
into his pocket, and said to me, "Mr. Puxty, the big bear has done it"—the prisoner's brother came down the stairs—I went at once for a surgeon; I could not find one—I went to the station, and a police sergeant came back with me to the house—when I came back the prisoner was standing at the door—the policeman said, "Who has done it?" and the prisoner made answer, "I have done it"—he was then taken into custody—the deceased was lying in the same place, at the foot of the stairs, where I had left her—there was a great deal of blood about the place—she was taken to bed—she had not quite done breathing, but she was dead before she was on the bed—I went into the bedroom—there was blood on the bed and on the floor—she was conveyed into the other room, not into the same bed that she slept in—the surgeon soon after came, and examined the body.
Cross-examined by MR. CLARKSON. Q. You have known this man for some time? A. About four or five months; I have at the latter part of the time observed a considerable alteration in his conduct—he has presented a wild appearance, and his conduct was altogether strange—I did not examine him for the purpose of observing the state of his mind, but I observed a great alteration of his conduct and manner—I have heard that he has been a mariner, and has been to India and other places—Mrs. Murray was an old friend to him, like a mother—she provided everything he had—his conduct, generally speaking, was grateful to her for the kindness she showed to him—I saw him on the night before this happened, at half past 11 o'clock; he was not gone to bed; I do not think he had gone to bed at all—I went into the room where he slept when Mrs. Murray was taken in the morning—his bed did not appear to have been used, and he was dressed at that early hour, and had his hat on, as if he were going out, just the same as I saw him the evening before—Mrs. Larter is one of the persons who lodged in the house—she was the person who called me.
Q. Do you remember the prisoner saying, after this kind friend of his was killed, "Oh, she is not dead, she can change into any shape she likes?" A. Yes, I heard him say so—he did not seem in the least concerned about it, and he stood at the foot of the stairs when I first saw him, and the woman was then desperately wounded, and crawling up stairs—he then went towards the front door, and came back to me, to where the woman was, and said, "Oh, Mr. Puxty, the great bear has done this!"—he afterwards said, "Oh, I did it," when we came from the station—there were two knives found on him—he has an aunt; I do not know her name—I did not observe that at times he was free from this wild appearance—he was always so during the latter part of the time I have known him—his brother is here—when I went for the policeman the prisoner was left at the front door—his brother was with him.
ANN LARTER . I lodge in the house No. 2, Reed's-place. I was alarmed on the morning of 7th June—I heard Mrs. Murray's voice calling out, "Mrs. Larter"—I ran down the staircase, and found her on the stairs—I alarmed Mr. Puxty—I could not awake him at first—I know more of the prisoner than all of you—I have known him turned eighteen months—I had known the deceased longer—I lived with her very nearly two years.
Cross-examined. Q. Mrs. Murray was the best friend the prisoner had in the world? A. Yes; and she was very fond of him—I have observed in the latter part of the time that his conduct and manner have changed very much, and I told both his brother and Mrs. Murray that he ought
to be put under restraint; and I begged of Mrs. Murray to do so—she was like a mother to him—when she was told he ought to be put under restraint she did not like to do it—I have said it repeatedly within the last five or six or eight months before Christmas—it was my impression from the observation I made on his conduct, that he was not in his sound senses—I expected some mischief either on himself or some one else—I heard him talk about the Great bear—he said, "I'll not be amongst the Russians; I'll not be a Great bear; you'll be a Great bear, and Mrs. Murray will be a Great bear" and at this time I noticed his appearance was wild—he would pass my door and not speak, and he would raise his two hands as though he was dreading something coming after him.
MR. CLARKSON called
ENOCH HOWITT . I am a surgeon, and live in Walworth-road. I attended the prisoner in April last at Ms aunt's, in Paragon-street, Walworth—he was perfectly incoherent—I took from him a knife, and I wished him to get to bed as he was so violent—he would not go to bed; he kept wandering from room to room—I took his things off, and got him at last to bed—I found in his pocket some bank notes and other things, and the knife which I believe was the very knife he committed this with—I was sent for three different times that evening.
NOT GUILTY, being Insane. —Ordered to be detained till Her Majesty's pleasure be known .
HENRY CASEY . I am a labourer, in the employ of the prosecutor. I sleep in a shed of his—I went there last Saturday night, and saw the prisoner there—I asked him what he was doing there—he said he came to lie there for the night—I said that was not a place for anybody to lie—I told him to come and lie on the green grass—I brought him out of the shed, and told him to pull out some from the side, and make a bed and lie down—about 8 o'clock the next morning I said to him, "Are you going to lie here all day?"—I said, "Are you at work here?"—he said, "No, I can't get work"—he swore at the country, and said he could not get work, and he had no money—I took out a small loaf and gave him half of it, and he went away.
THOMAS WILLIAMS . I slept in the shed also—I saw the prisoner in the morning, and saw the last witness give him some bread—I saw him leave, and shortly after he left I observed some smoke coming from a rick, which was seven or eight yards from the shed—it was on fire at the end away from the shed.
ROBERT HAWKINS . This hay-Rick was my property. I saw it on fire at a distance off; I came to the place and found it on fire—I did my endeavour to quench it—very considerable damage has been done—I have lost more than 200l. worth of property—I know nothing of the prisoner; I never saw him till Monday morning.
JOHN MANSELL (police sergeant, T 1). I received information of this fire, and apprehended the prisoner about a quarter of a mile from where the rick was burning; he was sitting down in a field, by the side of a ditch.—I asked what he was doing there; he said he was sitting down to rest—I asked him where he slept during the night—he pointed in the direction of the rick, and said, "Across there"—I said, "What, under a hay-rick?"—he said, "Yes"—I said, "Why did you set it on fire?"—he said he did not
do it for the purpose—I took him back to the Rick that was burning—he said, "I did not do it purposely or intentionally;" that was the substance of it—he was recognised by Casey as the man who had slept there during the night—I found in his possession some lucifer matches and a pipe, which he appeared to have been smoking—he said he had only one match when he lit his pipe.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
ALFRED MILEHAM (policeman, V 215). On 5th June, about a quarter past 8 o'clock, I was on Putney-heath and saw the prisoner there, in the furze, near the centre part of the heath, just opposite Ashburton-house (looking at a plan produced on the part of the prisoner)—this plan is not right; the two witnesses are not in it—the prisoner was within about seventy yards of the Roehampton-road—I know the houses of Mr. Hedges and Mr. Harris; he was within about two hundred yards of their houses—there are three roads, one leading to Roehampton, one leading to the Kingston-road, and the Kingston-road—we call it the centre of the heath—it was light enough to see—he was then in the furze—there was no other person in the furze, that I could see, except the prisoner—I saw him stoop down, and then saw him rise up, and flames of fire rise up at the same time—he ran away from it—he came in the direction of me towards Putney-hill, and towards the Green Man—I was between the Green Man and the fire—he saw me, and then turned to the left and went in the direction of Putney Park-lane—he walked very quickly.
COURT. Q. Would the way he was going when he was meeting you take him to Putney? A. Yes; Putney Park-lane would also take him to Putney.
MR. PAYNE. Q. How near was he to you when he turned to the left? A. Within about forty yards—I went after him, overtook him, and stopped him—I knew him before; he had been previously a groom to Mr. Roberts; he has lately been carrying on the business of a laundryman, his wife was a laundress, and I think he has taken to the business since his wife has been dead—I said to him, "Bill, I shall take you into custody for setting fire to the furze"—he asked me to let him go home first—I told him I should not let him go home—as we were going along, he said, "Don't be too hard upon me"—he also said, "I might have been coming down lighting my pipe, but I don't say that I do do so"—when I first saw him he had no pipe with him that I could see—he was not smoking any pipe, or lighting any pipe—I did not find any pipe—I took him to Wandsworth station.
Cross-examined by MR. RIBTON. Q. How far from the road is the furze that was set on fire? A. Between fifty and sixty yards, as near as I could judge; seventy yards at the outside—I was standing on the heath—there is a bridle way near that part of the furze that was set on fire, within a few yards of it—about half an acre of the furze was burned—there have been a good many fires on the heath latterly—we have not been able to find out who the persons were that set fire to it—a bill was preferred here some time ago, which the grand jury threw out—I believe a gentleman has recently been fined for throwing his cigar among the furze—I was about seventy yards from the prisoner when I saw him stoop down—
directly he rose up again the flames broke forth, a strong body of flame; this was between 200 and 300 yards from the prisoner's house—I never knew that he kept geese on the common—he never told me that he had been looking for his geese—I heard him say so next day, but not that night—after the flame broke out he came in the direction of the Green Man, towards me—I was near the Roehampton-road, which leads to Putney-bridge—I was coming from the Green Man—he came towards me for a few yards, till he caught sight of me, and then he turned, and went towards Putney Park-lane—I came up to him just opposite to the next house to Ashburton House—there is a pond there; he did not come up to that; it was 200 yards from the pond—I had passed the pond—the road he lives in is at an angle of the common—I do not know that he keeps geese, but I have been informed since that he does—it has been customary with those who live on the common to keep geese—I had laid hold of him at the time; he said, "Don't be too hard on me"—I laid hold of the cuff of his coat—I did not tear it that I know of—it was not after I had seized him that he said, "Don't be so hard with me, I will go quietly;" it was when I put my hand on his shoulder—it was after he asked me to let him go that I put my hand upon his wrist—I swear that—I did not seize him violently by the coat and tear it; and it was not then that he said, "Don't be too hard upon me, I will go quietly"—it was two or three minutes afterwards that he made use of the expression about lighting his pipe; we were on the road to the Green Man—we did not meet anyone on our way; we passed two parties, but they were standing still—I know a person named Dench; he came out of the Green Man, and called to us to stop; he was not smoking a pipe—he had a pipe with him; I do not know whether it was in his hand, or where it was—I afterwards saw him take it out of his pocket, to let the prisoner have a smoke—he asked him to do so, and he did smoke; it was not then that he said if he had had a pipe with him it might have fallen among the furze, it was before we got to the Green Man, before we saw Dench—what he said was, "I might have been coming down there and lighting my pipe, but I do not say that I do do so"—he said that just before we got to the pond—there were two women there, they were closer to him than I was—it was light, it was about a quarter past 8 o'clock—the furze is high in some places; on the left of where it was set on fire it is high, on the right it is low—it was about three feet or three and a half feet high where I saw the flames bursting out—this was Whit Monday—there were not many holiday people about, the place was very clear at that time—I had not seen many about that day.
MR. PAYNE. Q. Did the prisoner say anything about looking for geese until the next day? A. Not in my presence—I saw no gentleman throw away any cigar at the time the prisoner was there—I saw no one but the prisoner in the furze at the time the flames burst out—there were two men standing in the Roehampton-road talking; they were about 200 yards from the furze—the prisoner was not a minute stooping down—he did not look in any other place than the place where the fire broke out that I saw—he did not search any other place—Dench was not near the place where the fire broke out—when I first saw the prisoner he was coming in a direction from his own house—I saw him at a distance of about twenty yards before he got to the place where he stooped down; that was the first I saw of him; there are a great many trees about—I saw him stoop down and rise up again, then the flames came, and he came towards me.
COURT. Q. Were you coming from Putney? A. I was coming from the Green Man at Putney-hill going towards Roehampton; he was in the furze when I first saw him, on my left hand—when the fire broke out he came towards me as if he was going to Putney—Putney Park-lane leads down into the Richmond-road—that would not be the way to his own house, it would be the way to Putney or Barnes—the way I came up would be the shortest way to Putney.
JANE BURGE . I am the wife of Henry Burge, a gardener, at Roehampton. On Monday, 5th June, from twenty minutes to half past 8 o'clock, I was in the road that leads from Roehampton to Putney, in company with Mrs. Deane—we were going towards Roehampton—I know Robinson by sight—I saw him that night, walking from the fire—I saw the fire when it was first lighted—I saw the furze on fire, and saw Robinson coming from the fire—he was walking quickly—he was about ten or twelve yards from the fire when I saw him—no one was near the burning furze but the prisoner—I saw the constable go after him, and saw him stop him.
Cross-examined. Q. Did you see the constable before you saw the prisoner. A. Yes; when I first saw the prisoner he was going over the green sod towards Roehampton, before you get to the top of Putney Park-lane—I should say he was then ten or twelve yards distant from the fire—his back was to the policeman—I saw the policeman come up to him—there is a pond lower down—I did not see the prisoner looking about that pond—I have known him for some years, but never had any interview with him; he has lost his wife lately—he has since been carrying on the laundry—I do not know that he keeps geese—geese may stray about the common.
MR. PAYNE. Q. Do they set fire to the furze to burn the geese out? A. No.
MARY DEANE . I am the wife of James Deane; I live at Roehampton. I was walking with Mrs. Burge, on Monday, 5th June, and saw the furze burning—I saw the prisoner walking in a direction from the furze; he was from ten to twelve yards from it when I first saw him—I saw the constable, he was some little distance behind us—the prisoner was walking from the fire towards Putney Park-lane, away from us—I did not see him coming in a direction towards the Green Man—we had passed the policeman—the prisoner was not walking towards the policeman when I first saw him, but from him.
Cross-examined. Q. How long have you known the prisoner? A. Some time—I cannot say exactly how long, I have been in the habit of seeing him—he lived with Mr. Robarts—I never knew him as anything but a respectable man—he lives near the Heath; his wife was a laundress—when I first saw the policeman he was about from fifty to a hundred yards from the furze.
MR. PAYNE. Q. Did you see anybody near the flames but the prisoner? A. No.
COURT. Q. Had it been wet or fine on the Sunday? A. I cannot recollect.
RICHARD RISELEY . I am keeper of the Commons of Wimbledon and Putney Heath; Frederick, Earl Spencer, is the Lord of the Manor. I received information of the fire on the Monday evening, and next morning examined the place—I found that nearly half an acre had been consumed—the damage done was to the amount of about 30s.
COURT. Q. How long have you been keeper of the common? A. Nine years; my father had been common keeper previously—I am agent to Earl
Spencer—I have other duties to attend to besides; the supply of gravel and turf, and the collection of tithes and rents—I once kept a grass farm—the effect of burning furze would be, that the grass would perhaps be more likely to grow for some time—the furze would grow again after a considerable time, but for the time being I think there would be more grass.
(The prisoner received a good character.)
NOT GUILTY .
ADJOURNMENT TO MONDAY, AUGUST 14TH, 1854.