CENTRAL CRIMINAL COURT.
SIDNEY, MAYOR TENTH 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, August 14th, 1854.
MR. RYLAND conducted the Prosecution.
GEORGE LEE . I am in the employment of Messrs. Castle and Lamb, newspaper agents, of Newgate-street; the prisoner was also in their employment, to get certain copies of newspapers for them from time to time. I gave him on 2nd March 3l. 15s. 3d., and it was his duty to pay that for fourteen quires of Lloyd's Newspaper; he did not go out then, but I did not see him again till next day—I never got the papers or the money back—on the next day, I gave the prisoner six sovereigns with a memorandum, to buy some more papers; he should have laid out 5l. 5s. 3 1/2 d. and returned the change to me in the evening—he took the money, went out, and I saw no more of him till he was in custody—both sums were my master's money.
Cross-examined by MR. RIBTON. Q. How long have you been in the service? A. Eight or nine years; the prisoner has been there five or six years—I laid the 3l. 15s. 3d. on his desk before him, and saw him take it up—that was on Thursday, and the papers were to be got on the Friday morning—on the Friday morning, about 10 minutes to 1 o'clock, I laid the 6l. before him, with a memorandum, and saw him take it up and go out with it—there are eight persons in the employment—it was the prisoner's business to go for the papers—I have frequently given him sums of money before, in the same way, to pay to Lloyd's—I cannot say who brought the papers to our place on this occasion.
to the Lancet office—I could not get them—I met one of our lads in a cab who told me something—I did not go to Lloyd's—I went back, got some money from Mr. Castle, paid for the papers, and brought them down.
EDWARD LLOYD , Jun. I am in the office of my father, a publisher, of Salisbury-square, Fleet-street. I know Mr. Castle—the prisoner was in the habit of coming to our office for papers, for which we always expected the money—the prisoner did not come for papers on 2nd March, nor did he pay me any sum of money that day; but Brown came and asked me for the papers; they had not been paid for, and I did not give them to him—somebody else came afterwards and got them.
Cross-examined. Q. Are you the only person who receives the money? A. Yes; I have been there four years—I have frequently received money from the prisoner—there is no one there to assist me—if I am not there, my father receives the money; that happens one or twice a year—I was not out of the way on 2nd March; I can say that, because I was told that the prisoner had robbed his master, and I made a memorandum that I was not out all day.
Cross-examined. Q. He has been with you six or seven years? A. Five or six years; he came to us with a good character.
COURT. Q. You did not dismiss him on the 3rd? A. No; he had not given us notice to leave—I did not see him again till he was in custody, having been taken at Bristol.
THOMAS BRADLEY (City policeman, 269). I had instructions to look for the prisoner, and found him on Wednesday, 28th June, at Bristol, on the railway platform; he was employed there—I told him I must take him into custody for absconding with 9l. 10s. from Mr. Castle's—after some time he said, "Well, it is no use denying it, I have had it, and it is all gone."
(The prisoner's statement before the Magistrate was here read, as follows:) "I have nothing to say; but on the second charge, as to the six sovereigns, I only plead for mercy."
(The prisoner received a good character.)
GUILTY . Aged 21.—Recommended to mercy by the Prosecutors. Confined Six Months.
(There was another indictment against the prisoner.)
MR. CLARKSON. conducted the Prosecution.
GEORGE PHILLIPS . I am a farmer, living at Ickenham. On 20th June the prisoner was in my service, as a weekly servant, and I sent him with a load of hay to sell, about 1 or 2 o'clock in the morning; he returned the same evening about a quarter past 6 o'clock—I asked him where he had taken the hay—he said he had taken half a load to my brother, a quarter of a load to a coachman at the Royal Oak, and a quarter to Mr. Malyon, a customer of mine, at Stockwell—I asked him what he charged the coach-man for his hay—he said it was to be 1l., and that the coachman was going to pay my brother; he also said that Mr. Malyon would pay next day, and next day the prisoner brought the money to me—the coachman's name is William Smith—3l. out of 4l. that the prisoner had that day is accounted for—he quitted my service on the Monday week afterwards, without notice—he never said anything more about Smith's money.
Cross-examined by MR. PARRY. Q. How long has he been in your service? A. Five or six years—it was his duty to sell hay for me, and not to trust any one, but to bring the money home—I did not remonstrate with him, because my brother was so well acquainted with the coachman—the prisoner has not said that I have any spite against him; he would not have had the trouble of coming here, if he had paid me the money at the time he received it—he did not give me any money till the next day but one (Thursday); he then gave me 5l. when he came home in the evening; he then accounted for the load of hay he had had that day, and for 1l. from Mr. Malyon—I keep books, but have not got them here.
Prisoner. It was three quarters of hay. Witness. It was four quarters.
MR. PARRY. Q. Did you give him any note? A. No; I did not bring the book with me—the Magistrate held the prisoner to bail—I have not entered the 5l. anywhere that the prisoner paid me on the Thursday evening—I book the hay that is not paid for—I did not even book Mr. Malyon's—the prisoner was at liberty to sell to any one he pleased so long as he brought me the money back—I always told him not to trust people—he once trusted a person 20s. at a time—the prisoner is now in the employment of a neighbour of mine—I do not know whether he sells hay for him or not—he is employed by a person who deals in hay—he used to sell for me in the course of a week, sometimes four loads of hay, sometimes three, and sometimes two and a half—he told me that he had no regular customers—I have not complained of his going into Mr. Hedley's service to sell hay—he did not suit me, but he might suit somebody else—he went of his own accord, without giving me notice—I had quarrelled with him—I first heard that this 1l. 1s. was not paid a fortnight afterwards—I had sent the bill in to my brother—directly I heard that the prisoner had received the money, I went and got a warrant for him—I did not keep the warrant back; I gave it to the policeman on the Thursday—the prisoner was then in Mr. Hedley's employment.
MR. CLARKSON. Q. On the 20th the prisoner brought you no money on his return? A. No; on the Thursday he brought me back 4l. for the hay he had taken out, and 1l. from Mr. Malyon.
WILIAM SMITH . I am a livery stable keeper, of Chapel-street, Stockwell On 20th June I purchased eight trusses of hay of the prisoner, for 18s. 8d—he brought half a load, but I objected to one truss—I received the hay myself in the yard, and paid the money to the prisoner.
Cross-examined. Q. Had you bought hay of the prisoner before? A. No; I am not a regular customer of his, or of Mr. Phillips, bat I know Mr. Phillips very well.
JOSEPH PHILLIPS . I am the brother of George Phillips, and live at Chapel-street, Stockwell. I know the prisoner—on 20th June I received half a load from him—he had a quarter of a load left, and I recommended him to go to Mr. Smith, whom I knew, and I saw him go there.
Cross-examined. Q. You saw him unload the hay at Smith's? A. Yes; it was a quarter of a load, but I had nothing to do with it—I was not to pay my brother for it, and have no bill for the quarter load—I knew the prisoner as my brother's man—my brother afterwards sent me this bill (produced) for the three quarters; that was about a fortnight before the prisoner was taken into custody; I do not know that it was a month before.
31st July—I read the warrant to him—he said he had received the money for the hay from Mr. Smith, and had paid it to his master.
Cross-examined. Q. And he told you that Mr. Smith had refused one truss? A. Yes; he did not mention the sum 18s. 8d.
MR. PARRY to GEORGE PHILLIPS. Q. What were the prisoner's wages? A. 12s. a week, and 6s. for selling hay and other things—I do not of my own knowledge know what became of the odd truss, but he had authority to sell it, if he only sold eight trusses to Mr. Smith.
(The prisoner received a good character.)
NOT GUILTY .
PLEADED GUILTY . Aged 33.— Confined Six Months.
868. EDWARD HICKS , stealing 9 tame fowls, price 5l.; the property of Thomas Gardner: 5 ft. leaden pipe, and 2 brass taps, value 10s.; the goods of John Britten: and 1 plane and 2 chisels, 3s. the goods of Joseph Addington.
JOSEPH ADDINGTON . I am carman to Mr. Britten, of Basinghall-street. He has stables in Vine-court, and some fowls of Mr. Gardner's were allowed to roost there—I saw them safe on 7th Aug., at 7 o'clock in the evening, and the rails of the stable were then in good condition—I went there again at about half past 6 o'clock next morning, and found three bars broken, and some of the woodwork broken away—the fowls were gone—I found them at the station house—they were the same—the water pipe was taken away, and also some fowls from the stable—this is the pipe in pieces (produced)—I can swear to it by the marks of the staples, and by other marks on it—this is my bag of tools (produced).
JAMES PAGE . I am a carpenter, and live at Reynold's-court. On 8th Aug., about a quarter past 6 o'clock in the morning, I was in Vine-court, and saw the prisoner with a barrow—when I came in sight he pushed the barrow up the court, and ran up stairs into a house—I went up the court, and saw the prisoner looking out at the window—as soon as he saw me he drew his head back—I called Blackley, the policeman, went with him to the house, found the prisoner on the stairs, and he was taken into custody—I found nine fowls in the barrow, which were the property of Mr. Gardner, my master, and were kept in Mr. Britten's stable.
GEORGE BLACKLEY (City policeman, 115). On 8th Aug. Page spoke to me, and I went with him to a house in Vine-court, and found the prisoner on the second floor, covering his head with a coat—I pulled it off him, and said, "What are you doing there?"—he said, "It is all right, Gardner, I am only having a sleep"—I said, "I want you," took him down stairs, and said to Page, "Is this the party you saw wheel the barrow up the court?" he said, "Yes," and I took the prisoner into custody—I searched the barrow and found nine hens and a cock, the property of Mr. Gardner, nine feet of lead pipe, and several tools, the property of Mr. Addington—I gave the fowls up to Mr. Gardner, by order of the officers at Guildhall—I have two of their feet here (produced).
Prisoner's Defence. I got up about a quarter past 6 o'clock, that morning, and saw two men at the bottom of Vine-court; they asked me if I
would wheel the barrow up the court, as they were going to the market again; I did so, and then went to the place where I had been lying, and went to sleep again, and the sergeant came and took me.
GUILTY .† Aged 21— Confined Nine Months.
PLEADED GUILTY . Aged 24.— Confined Six Months.
PLEADED GUILTY . Aged 39.— Confined Twelve Months.
(The prosecutor stated that about twenty other sums had been embezzled by the prisoner.)
871. THOMAS HARRIS and ANDREW GURDLER , stealing 1 hammer, 1 sawset, and 1 pair of compasses, value 9s.; the goods of Richard Reeves.—2nd COUNT, charging the prisoners with feloniously receiving the same.
HENRY WEATHERLY . I am a labourer, working for Mr. Tilleard, at Cowley. On a Monday, I think it was, I do not know the day of the month, I saw the prisoner Harris in my master's garden—I went out, and just as I got to him, I said, "What do you do there?" and he ran out into the road—I went out and saw Gurdler outside the gate—Harris got a little way, and said, "I will show you what I have got," and pulled a hammer out of his pocket, and held it up in his hand—Gurdler walked away towards Harris—I stood watching them, they both walked away together—this (produced) appears like the hammer, it had no handle.
THOMAS WASHBORNE . I work on the railway; Gurdler was working for me. On Monday between 3 and 4 o'clock in the afternoon I met the prisoners on the line—Gurdler said he had some tools that he had bought of Harris—these are them (produced)—Harris had this head of a hammer, and Gurdler the rest of the tools—Gurdler asked me to lend him 4d. but I had not got it—I asked him how they came by the tools; he said, "I bought them of Harris"—I said, "You had better let me have the tools"—he said, "You shall have them for 6d."—I said, "Yes," and afterwards gave them into the policeman's hands.
RICHARD REEVES . I am a carpenter, of Hillingdon. At the end of last month, I was engaged in building some houses there—I left my tools safe in the houses at 12 o'clock on the last Sunday in July, and on the Monday I found a hole bored through the brickwork, large enough for a man to get through, and the staple wrenched off the door—I missed my tools, which were worth 12s. I have not found them all—I knew Gurdler, he was at work there, drawing bricks six or seven weeks ago.
THOMAS SMITH (policeman). On 1st Aug. Washborne brought the tools to me—I afterwards apprehended Gurdler; he said he bought the tools for 6d. and sold them to Washborne for 6d. again—Harris was afterwards apprehended by Roadknight.
GUILTY on 2nd Count.
(Harris was further charged with having been before convicted).
RICHARD ROADKNIGHT . (police-sergeant). I produce a certificate which I got from the Clerk of Assize for Aylesbury—(read: "Aylesbury, March 7, 1854; Thomas Harris, convicted of breaking and entering a dwelling house, and stealing therein; confined one month.")
HARRIS— GUILTY . Aged 17.— Confined Nine Months.
GURDLER received a good character. Aged 17.— Confined One Month.
PLEADED GUILTY . Aged 16.
(The prisoner's mother stated that she had had a very bad fever some years ago, and that she believed her to be quite deranged.)— Judgment Respited.
(The prisoner stated that he had received the money, and entered it in the book, intending to account to the clerk for it, but had his pocket picked of it, which so alarmed him that it brought on delirium tremens. The prosecutor stated that the prisoner had entered, a receipt for the money in a book, which was not in Court; and that he had also said that he had received the money, and would make it all right. The COURT having read the depositions, was of opinion that as the prisoner had entered the money in the book, and debited himself with it, no embezzlement had been committed, and that it could only be recovered by civil action.)
NOT GUILTY .
VEREY PLEADED GUILTY , and received a good character. Aged 19.—Recommended to mercy by the Prosecutor.— Confined Nine Months.
MR. PLATT conducted the Prosecution.
JAMES BRETT (City-policeman, 13). On 17th July, in consequence of information I received of a robbery at the warehouse of King and Marshall, in St. Paul's-churchyard, I went to the house of Mr. Russell, at Weston-green, Thames Ditton, where I found Verey.
BENJAMIN CROSBY MARSHALL . I am a silk mercer, living with my partner, at No. 43, St. Paul's-churchyard—Verey has been in our service since Feb.—it was his duty to keep the keys of a safe in the warehouse. On Monday, 17th July, I went to the warehouse; the prisoner was away from his duty, and I could not get to the safe, there being no keys; he did not return—I wont to look for the duplicate key, but could not find it; it should have been in a drawer in my desk—it was subsequently found in the cellar, with the duplicate key which Verey had had—this was not a proper place for it—the bottom of my drawer was taken out; it was in great confusion, and 7l. in gold which I had had there was gone—I had seen it safe on the Friday previous certainly, if not on the Saturday—it was usual to have a cash box in the safe, but I found it was gone—I cannot of my own knowledge say what was in it—there was another safe, but I could not find the key of it, and was obliged to send for a locksmith to have it opened—these two cash boxes (produced) were both found in the second safe, which we had to force open; in fact, three cash boxes were found there—the contents were not gone—one of them belonged to Mr. Swann—this one ought to have been in the other safe—it belongs to us.
seen three or four times before, came to see Verey—he went into Verey's bed room, and remained there a quarter of an hour or twenty minutes; they then went down stairs, and I heard them unlock the warehouse door—they remained in the warehouse about three quarters of an hour; they then came up, had a cup of tea, and went into the bed room; they stayed there about a quarter of an hour or twenty minutes—they then went down stairs together; each had a parcel, and Verey had a stick in his hand—they called a cab to the door, and went in the direction of Newgate-street—it was then about twenty minutes past 7 o'clock—I then went into Verey's bed room, and found that his clothes were gone—I stopped up till 12 o'clock, but he did not come home, and he has not been at home since—I do not know whether he had the key of the warehouse with him, but I looked everywhere for it, and could not find it—the warehouse was closed—Verey was sitting in the dining room when I came into the house, and when Marriner came in, he went up stairs.
(The COURT considered that there was not sufficient evidence to go to the Jury against MARRINER, and directed a verdict of
NOT GUILTY .)
CHARLES JOHN KEMP . I am a Birmingham agent, and live at No. 3 Carpenters-buildings. On 7th July, about 6 o'clock in the evening, the prisoner came to my office, and said he was a travelling auctioneer, and buyer of Birmingham goods—he mentioned several houses, and said that he knew Marchand's—I showed him some jewellery, plate, and cutlery—he was engaged for an hour and a half—he laid several articles aside, and said, "I will take that and that," but no money passed—I showed him one load of goods; he said it was too heavy for him to buy, without asking his partner, and hurried out before I could ask him to leave a deposit, and leaving the goods—he did not return; and immediately after he had gone, I felt certain that he had robbed me, and set to work to examine—I had a parcel on my desk to go to Hamburgh, I checked each item of it by the invoice, and found three items deficient; they were half a dozen gold pencil cases, at 8s. 3d. each, a card of gold pencil cases at 10s. 6d. each, and one gold pencil; they had been safe an hour previously, when I was packing them for the steam packet—I also missed a set of studs, which I had taken out of a box, and placed on my desk.
LOUISA TURNER . I am the wife of Emanuel Turner, of the Eagle coffee-house, Brick-lane—the prisoner lodged at our house three weeks—he was living there on 11th July, when he was apprehended. On 7th July, between 7 and 8 o'clock, he asked me to take charge of this set of studs (produced) until Sunday—a policeman came and made some inquiries, and I gave them up to him.
Prisoner's Defence. I went in and asked him if he did anything in this way; and while I was standing opposite his desk, I asked him the price of the articles; he asked me if I would buy some pins, and presently he said, "Oh! dear me, here is a set of studs which I did not know I had got," and he moved the box out of sight; I went out to meet my father outside,
but he was not there, and I went home, and was arrested the next day; he did not miss the studs till after I was gone, and there were two other men in the shop while I was standing there.
GUILTY .—Aged 22.
(The prisoner was further charged with having been before convicted.)
GEORGE BARRY . I produce a certificate from Mr. Clark's office—(read: "Central Criminal Court—Charles Morris, convicted Jan. 1853, of stealing 48 knives; confined six months")—I was present at the trial; the prisoner is the person—he was in my custody—I have made inquiries, and find that he has been twice in custody before.
GUILTY.** Aged 22.— Four Years Penal Servitude.
PORTER PLEADED GUILTY .* Aged 14.— Confined Six Months.
WILLIAM JARVIS (policeman). On 25th July, about 12 o'clock in the day, I was in Lime-street, and saw the prisoners in company with another person, standing by a post, in conversation together—I watched them, and saw a gentleman pass by; they first looked into his pocket, and then followed him—Porter close behind him, and Hanbury covering him with his hands in his pockets, holding out his coat tails—the third man was on the left—I saw Porter take this handkerchief, and turn into a door way; I took him, carried him across the road, and then took Hanbury—the third person ran away—when Porter took the handkerchief, Hanbury was close behind the gentleman, keeping step with him, so that it was impossible for the gentleman to hear him.
Prisoner's Defence. I was walking from Lime-street; the policeman took hold of me, and would not tell me what was the matter.
GUILTY . Aged 21.
(The prisoner was further charged with having been before convicted.)
MICHAEL HAYDON (City policeman.) I produce a certificate from the office of the Clerk of the Peace—(read: "Central Criminal Court, Robert Hanbury, convicted Feb., 1852, of stealing two pairs of boots; confined four months")—I was present—Hanbury is the person so tried—I had him in custody.
GUILTY.— Confined Nine Months.
877. WILLIAM BARNES , feloniously forging and uttering a request for the delivery of 3 scythes; also, a request for the delivery of 3 rakes, and 6 spades, with intent to defraud; having been before convicted: to which he
PLEADED GUILTY . Aged 23.— Confined Six Months.
MR. PAYNE conducted the Prosecution.
JOHN WOTHERSPOON . I am a fur manufacturer, of No. 60, Cheapside, near Bow-lane; there are two partners, the prisoner was our porter. On Saturday morning, 8th July, on my arrival in town, I received information from Clements, who is also a porter in our employ; in consequence of
which I told the prisoner that Clements had seen him remove a boa from behind a box; he said he had not taken it—I told him that Clements had seen him go up, put his hand behind a box to feel for something which he did not find, and that he went round to the other side, put his hand behind again, found it, took it into the next warehouse, and put it into a basket—he said he had not seen it, and that Clements did not know a sable boa from a fitch boa—I confronted him with Clements, and he still denied it—I said he had better wait till my partner came to town, and when he came he sent for an officer, and gave the prisoner into custody—I then told him, that he had better tell all he knew about it—I did not say that, till after he was given into custody.
JOSHUA CLEMENTS . I am one of the porters to Messrs. Cuthbert and Wotherspoon. On Saturday morning, 8th July, I was sweeping the ware-house, and the prisoner came in and said, "Good morning, where is Mr. Craig?"—I said, "I think he has gone up stairs to breakfast"—he then went to a box which stood before the fireplace, went on one side and could not reach; he then went on the other side, drew out a sable boa from behind the box, took it into the next room, rolled it up, and put it in the corner of a basket—I know the difference between sable and fitch; a sable boa is brown, and a fitch is white and brown—he was waiting for a watering pot; after he had received it he went up stairs, and I called the other porter's attention to it—we found it rolled up, it had a ticket on it—this (produced) answers the description of the boa I saw—we both examined it—I continued sweeping the warehouse, the other porter went down stairs, and then I heard the prisoner go down stairs and come up again—I and Korn then went to the basket, and the boa was missing—no other person could have gone to the basket to take it out—I spoke to the warehouseman—I did not hear Korn speak to the prisoner about it, but the prisoner came to me and said, "Korn says you accuse me of taking a sable boa, it was not a sable boa, it was a fitch boa; you have not said anything about it"—I said, "Yes, I have"—he went up stairs, came down, and said it was a fitch boa, and it was all right.
JAMES KORN . I am a porter to Cuthbert and Wotherspoon. On Saturday morning, 8th July, I was sweeping the warehouse, and clements called my attention to a basket in the Bow-lane warehouse—I saw a sable boa in one corner of the basket with a ticket on it, bearing the private mark "b. x."—it was taken out by Clements, looked at, and put back again—Clements and I afterwards went to the basket together, and the boa was gone—it was like this one produced.
GEORGE RUSSELL (City policeman, 34). On Saturday, 8th July, I was called to the prosecutor's warehouse—I told the prisoner I was a police officer, and that he was suspected of taking the boa, but he had no occasion to answer any questions unless he pleased—no promise was made to him while I was there—he said he had picked up a boa, but it was a fitch boa, and he had put it into a bundle—I asked him if he objected to my searching his house; he said, "No"—I searched it, but found nothing; he was afterwards given into custody—after that I saw him going down stairs very fast, and I told him I would see where he was going to get the boa from; he knelt down, and produced it from under a sink—it is a sable boa.
Cross-examined by MR. BALLANTINE. Q. This was after the conversation with his master? A. Yes.
GUILTY . Aged 38.—Recommended to mercy by the Jury and Prosecutor. Confined Six Months.
MR. LILLEY conducted the Prosecution.
SAMUEL MOSES . I am a wholesale clothier, of Nos. 14 and 15, Aldgate, High-street, in partnership with two others. The prisoner was a clerk in our firm—on 12th July, 12l. 9s. 6d. was marked in my presence with a small cross on the face of the coin—it was then handed to Mr. Emanuel, the collector of the Jews' Orphan Asylum—on my arrival at my office on the 13th, about half-past 9 o'clock, the prisoner came to me, and said he had received some money from Mr. Emanuel—I told him to keep it till my son arrived—he did not mention the sum—I made an arrangement for a policeman to be in the counting house, and previous to the prisoner leaving at 1 o'clock, I called him into the counting house, and asked him how much he had received from the collector; he said 11l. 9s. 6d.—I asked him if he had received any more; he said, "No"—I then turned round to the policeman, who was in uniform, and told him that a larger sum had been paid to him that morning—I asked the prisoner if he had any silver in his pocket; he put his hands in his pockets, and produced between nine and ten shillings—I had not allowed him for the payment of a railway ticket—I examined the change he produced; it was part of the money which had been marked on the previous day.
Cross-examined by MR. PAYNE. Q. What are you with the Charity? A. Treasurer—I am not the celebrated Moses—the collector and my son were present when the money was marked—my son marked it—after the prisoner pulled out the money in the policeman's presence, he made an appeal for mercy—it was not part of his business to pay money, but having the money before anybody came to the office, he took it upon himself to pay the carrier, and delivered the ticket as part of the money received—the prisoner did not come to me and say, "Here is 11l. 19s. 6d." he said, "Here is some money; I have received this"—his hand was full of money—I said, "Why do you come to me? give it to my son when he comes down"—I do not think he mentioned the amount.
MR. LILLEY. Q. Did he afterwards mention the amount? A. Yes—when I gave him in charge, he said, "I hope, sir, you will forgive me; what will my poor father and mother say?"
JOSEPH EMANUEL . I live at No. 31, Goulston-square, and am collector for the Jews' Orphan Asylum. On 12th July, Mr. Moses' son marked 12l. 9s. 6d. in my presence, and I paid that identical money to the prisoner about half-past 9 o'clock, or not quite so late, on the morning of the 13th—he signed my cash book (produced)—this is his signature—I swear that this entry is in his writing—I saw him write it—as I was counting out the cash he began to take it up, and I said, "Leave it till I have counted if—I counted it over, and he said, "Shall you be here again to day?" I said, "No"—I paid him the cash and went about my business—I am sure that I handed him the whole of the marked money—the mark was on the head side.
Cross-examined. Q. Are all these memorandums in this book in your writing? A. No; I believe there are two entries in the prisoner's writing on former occasions—I was in the habit of paying him when neither of the Mr. Moses' was there—(Entry read: "July 13th, 12l. 9s. 6d")
ISRAEL MOSES . I am the son of Samuel Moses. On 13th July, the prisoner handed me 11l. 18s. 2d., and a carrier's ticket for 1s. 4d.—it was money which I had marked on the 12th in the presence of Mr. Moses and
Joseph Emanuel, with the exception of 2d.—these ten shillings (produced) are also part of the money I had marked.
Cross-examined. Q. Had not the prisoner been in the habit sometimes of paying money for carriers' tickets? A. Yes; he had not considerable difficulty in getting it again—there were not occasions when he could not get it for some length of time, not even for a day, but there may have been an exceptional instance—he did not say when he handed over the money to me, "I shall keep 10s. to pay expenses which I have paid when there was nobody here;" what he said was, that he had received 11l. 19s. 6d. from the collector, and he gave me 11l. 18s. 2d.
MR. LILLEY. Q. Is there any pretence for saying that if he advanced money for carriage he had to wait for it? A. No; it was not his duty to pay for carriage.
JOHN BACK (City policeman, 620). I was sent for to Mr. Moses' premises—the prisoner came into the counting house, and was asked whether he had got any money about his person—he said, "Yes," and produced 10s., which was marked.
Cross-examined. Q. He produced 10s. 4d., put it on the table, and you took it up and have kept it ever since? A. Yes—he was given into my custody, and said to me that he wished he could see Mr. Moses, that he might not press the charge, and he begged of Mr. Samuel Moses not to press the charge, but gave no reason why he should not.
NOT GUILTY .
OLD COURT.—Tuesday, August 15th, 1854.
PRESENT—Mr. BARON MARTIN; Mr. Ald. FARNCOMB; and Mr. Ald. ROSE.
Before Mr. Baron Martin and the Second Jury.
PLEADED GUILTY . Aged 25.— Confined Twelve Months.
JOHN TAYLOR (policeman). On 16th July, about a quarter to 2 o'clock in the morning, I was on duty in York-street, Stepney—I saw the prisoner, John Bass, come up to the wall of the back yard of Mr. Corder's house—in a few minutes he was raised over by another man; I cannot tell who that other man was—I waited a few minutes, and then went round to the front of the house, and there saw John Bass in the cellar—on a few minutes James Bass came back to the wall that John had got over, and coughed two or three times loudly—he then passed me and went into Barnes-street—I waited a few minutes, and I lost sight of the light from the cellar—John Bass then came over the wall again, and I went in pursuit of him, calling "Stop thief!"—I saw James coming towards the prosecutor's again; he let John pass and me also, and then he ran to me and said, "What is the matter, policeman?"—I kept in pursuit of John Bass, and saw him fall down in a doorway; he pretended to be drunk—James cames up and said, "The man is drunk; you want some assistance"—he then went for a policeman to assist me—he did not bring a policeman—I handed John over to another policeman, and said, "Take care of that man," and I went back to Mr. Corder's house—I returned again and met John Bass with the constable, and brought him back to Mr. Corder's—James Bass then came back
again—I called Mr. Corder up—I asked him if he knew John Bass; he said he did—I then brought James, and asked if he knew him—he said he did, that they were brothers, and had both lived with him—I examined the house, and found that the cellar flap in the back yard had been opened.
James Bass. I was never past the house but once; I saw the policeman running without his hat after a man; I went up to him and asked what was the matter; he said, "There is a thief running; try and stop him;" I ran with the policeman until I saw my brother lying with his face on the ground; the policeman sprang his rattle, and said to me, "Go and fetch me another policeman;" I went and fetched two more constables, and then went back to see if I could find the policeman's hat, and I saw my brother at the corner with the policeman; he asked me if I knew him, and being dark I did not; he then called Mr. Corder up, and he said he knew us; I was never past the wall but once, and that was on my road home. Witness. He passed the wall once, and came back a second time. Prisoner. My brother has acknowledged that I was not in his company after 12 o'clock on the Saturday night, when he left me to go home as he was the worse for liquor.
JAMES CORDER . I keep the Duke of York public house. I know both the prisoners—they were both in my service, about three or three and a half years ago—I was called up on the morning of 16th July by the policeman—I found my cellar flap had been opened—I had seen it safe three nights previously—a large nail had been put in between the flap and the cill, which would enable a person to raise it up—there is a bolt to it, but the bolt would leave it after drawing it so—the cellar is part of my dwelling house—I did not find anything disturbed in the cellar.
JAMES BASS— NOT GUILTY .
PLEADED GUILTY . Aged 19.— Confined One Month and One Day.
MR. SLEIGH conducted the Prosecution.
HEINEMANN HERZ ROSENBERG . I am a tobacco merchant and cigar manufacturer, in Farringdon-street, City. The prisoner has been in my employment since 1851—some time in last Sept. my town traveller died, and I placed the prisoner in that situation, at a salary of 1l. a week and his expenses—he had to take orders and receive monies, which he was to hand over as soon as he received them, or as soon as he possibly could—he has never accounted to me for 5l. 15s. 10 1/2 d. received from Frederick Cole—Mr. Cole is a customer of mine (looking at a paper)—this is the prisoner's signature—(read: "London, Feb. 4, 1854. Mr. F. Cole, bought of H. H. Rosenberg and Co., certain goods, amounting to 5l. 15s. 10 1/2 d. Paid per procuration. H. H. Rosenberg and Co. Louis Jonas. April 27, 1854.")—(looking at another paper) this is also his signature—the amount here stated was due to me by Mr. Hannan—(this being read was a bill amounting to 6l. 19s., receipted by Louis Jonas)—I received from the prisoner 5l. on account of this—that left 1l. 19s.—he never accounted to me for that 1l. 19s.—he had no authority to retain it in his possession—he has never accounted to me for 1l. 1s. received from Mr. Hannan, on 21st June—this is the prisoner's signature—(this was a bill for 1. 1s., receipted by Louis Jonas)—on 25th July, in consequence of something, I accompanied a policeman to the
prisoner's lodging—I went first by myself, and saw the prisoner—I also went with the policeman.
Cross-examined by MR. CLARKSON. Q. He produced a book to yon, and showed you what his defalcations were, did he not? A. Yes, and expressed his regret for what he had done—I did not say that I was sorry for him; I did not feel anything of the sort—he was first with me as town traveller, for which he did not suit, and then I retained him as warehouseman—he did not receive 1l. a week then—he had as much to do as town traveller as he could do if he liked to do it—he had his expenses paid every Saturday night, for which I have his receipts in my pocket—he would have to incur considerable expenses, not as much as 30s. or 40s. a week, but from 14s. to 26s., or 28s.—he brought in an account of his expenses every Saturday night, and that was paid to him along with his salary—it was on 25th July that I first saw him with respect to this charge—he had absented himself for three or four days—I first asked him if he had received monies on my account—he told me he had on the previous day—he put the amounts which he had received, on a card, which I have here—I said, "Have you got the money to give me?"—he said, "I have got some, but not all"—I then asked him, "Have you received any other monies on my account which you have not paid to me?"—he said, "No"—I asked him about various names, not mentioning the party to whom I had been the evening before, and he strictly denied having received it—I then asked him rather warmly, "Have you received any money from Frederick Cole, in Camden-town?"—he said, "Will you forgive me?"—I said, "No"—I am positive of that—he showed me a book, in which his deficiency appeared to be between 70l. and 80l., but it is considerably more—he produced the book in the presence of the policeman—he had produced it to me before.
MR. K. SLEIGH. Q. When you saw him at his lodging, on this morning, state, as nearly as you can, what passed between you? A. I went about 7 o'clock—he was not out of bed—I went into his bedroom, and awoke him—I said, "Jonas, I have got heavy payments to make to-day; have you received any money on my account?"—he said, "Yes, I received some yesterday"—I asked him, "From whom have you received those monies?"—he said, "I can give you the amounts," and he gave me this card, upon which he had put down the amounts—I then asked him, "Have you received any other monies for me before, which you have not handed over to me?"—he said, "No"—I then mentioned various names of my customers, and asked him whether he had received monies from them—he said, "No"—I then said, rather warmly, "Have you received any monies from Mr. Cole, in Camden-town?"—he said, "Will you forgive me?"—I do not know whether I said "No" at first, or whether I asked him for the amount of his defalcation—I believe I first asked him what might be the amount he had taken from me—I told him distinctly that I would not forgive him—he said, "Well, you are going to ruin me"—I said, "You are going very sharp to ruin me, at all events"—this is the book he produced to me at the time—it is not my book, it is his cash book, in which he had the amounts signed for as he received them—I then gave him into custody—the policeman was there ready.
MR. CLARKSON. Q. Did you receive any money from him on that occasion? A. Yes, 4l. 2s. 6d.—that was what he had put down as what he had received the day before, but he had received 6l. 17s., I believe—he wrote that upon the card while I was there—he was perfectly sober at the time.
MR. SLEIGH. Q. Did you, in terms directly or indirectly, tell him that you would forgive him? A. Certainly not.
---- HANNAN. I paid the prisoner the sums mentioned in these two receipts—I owed those sums to Mr. Rosenberg.
ALEXANDER SCOBBIN (City policeman, 219). In consequence of instructions, I went to the prisoner's lodging, on the morning of 25th July—I took him into custody by the prosecutor's instructions—I told him he must consider himself in my custody on a charge of embezzlement—he said, "Very well"—a little while afterwards, when he was putting on his boots, he said he should never lift up his head again in society.
GUILTY . Aged 25.— Confined Twelve Months.
MR. PARRY conducted the Prosecution.
HENRY CADNEY . I was in the employment of Mr. Taylor, of the Elephant and Castle, Newington. On 22nd May he sent me with a letter and a parcel—I did not know what the parcel contained—he told me to go to No. 15, New Boswell-court, Strand—I went to Old Boswell-court—I did not know that it was Old Boswell-court—I have since discovered that it is—I cannot read—I am nineteen years old—when I got to Old Boswell-court I showed the letter to a man; he directed me to a side door—I went there, and a woman who was standing by the door said, "I will show you the door"—I went up to the second floor of that house, and knocked at the door—the prisoner opened it—I said I had brought a letter from Mr. Taylor, of the Elephant and Castle—I gave her the letter—she looked at it, and said it was all right; and I afterwards gave her the parcel—I asked her whether there was any answer—she said no, there was no answer required—I did not see her open the letter—the parcel was a brown paper parcel, tied up—I then went home—next morning my master asked me who I had left the parcel and the letter with—the letter had a direction upon it—I saw the prisoner look at it before she said it was quite right—the parcel had no writing upon it—in consequence of what my master said, I went next morning to the house where I had seen the prisoner—I did not find her there—I have never seen her since, until she was apprehended.
Prisoner. Q. When you came to the door, did you not ask me if Mr. Holt lived there? A. I did not; I did not know such a person's name.
Prisoner. The potman at the public house directed him to Mr. Holt, and he came and asked if Mr. Holt lived there; I said "Yes," and Mr. Holt was in the room at the time, and said, "Yes, it was quite right." Witness. I did not mention the name of Holt at all; I had never heard the name of Holt.
THOMAS TAYLOR . I am the landlord of the Elephant and Castle, at Newington—I sent Cadney with a letter and parcel to Boswell-court—the letter was directed to "Mr. Jolly, at Mr. Webster's, No. 15, Boswell-court"—the parcel contained fifty sovereigns—it was for Mr. Jolly—I did not tell Cadney what it contained—I told him it was for Mr. Jolly, of No. 15, New Boswell-court, and gave him directions to deliver it to him—I went next morning to find out the woman to whom he had given it, and I could not.
the name of Holt—they were going to be married on the following Monday—on 22nd May she went out at near 11 o'clock in the morning—she said they were going to the races at New market, and they should return on the Thursday—she did not return—I never saw her again until she was taken into custody—she had not given me any notice of her going away, but I did not think that strange, because she had gone away for three weeks at a time before—I have not seen Mr. Holt since—they never came back—my other lodgers, Mr. and Mrs. Smith, went out with them—they have not returned—that is strange.
ELIZABETH HOLMES . I am a single woman, and live at No. 6, Old Boswell-court—the prisoner lived in the second floor front room, with a Mr. Holt—on 22nd May I remember coming out of my door, and I saw the witness Cadney—I saw him knock at the door—the prisoner opened it, and I saw him give her a letter—she closed the door, and went in, and spoke to Mr. Holt; he was in bed at the time—I then saw her come to the door and take the parcel—Cadney asked if there was no answer required—she said nothing—Mr. Holt said, no, there was no answer required; and I heard her say it was all right—Cadney then went down stairs—he had not been gone five minutes, before I saw the prisoner and Holt go upstairs without his coat and shoes to Mr. and Mrs. Smith's room, the third floor front—I was afterwards in my own room, and I heard the sound of gold distinctly up in Smith's room—I was afterwards going down stairs, and met Mrs. Smith with a large bundle—I met the prisoner coming down stain—they were then going out—they left a basket in my room, which I occasionly borrowed, and she came to my room and said she was going out to her mother in the country—I heard, them up and down several times between the two rooms—they all four left together—before they left, the prisoner brought a newspaper to my room, and left it with me for the pot-boy—I afterwards saw the prisoner, about a fortnight before she was taken, at the Turk's Head, King-street, Holborn—I went in with a friend to have something to drink, and the prisoner was there drinking gin and water—she asked me to drink with her—I said, "No; I should be afraid of being taken up by the police"—she said, "A good job too; other persons are not afraid to drink with me"—I did not see her again until she was in custody—I gave information to the police—she said she owed me a good hiding.
Prisoner. We did not all four leave together; me and Mrs. Smith went first, and the two men stayed to talk the landlady. Witness. I saw them all go down stairs together.
COURT. Q. Had you and she had any dispute? A. No.
WILLIAM CHAPMAN DIXON (policeman, F 183). I received information, and took the prisoner into custody in Holborn—I told her that I took her in charge on suspicion of stealing 50l.—she said, "I never stole it; I never had if—she afterwards said, "I never stole 50l. in my life"—I took her into custody on this charge.
HENRY MUCKEY . I was pot boy to Mr. Sore, of the Black Horse. I directed the witness to the prisoner's house—I was cleaning my master's window when the man came up to me and asked if I could tell him where the direction on the letter was—I am none of the best of scholars myself, and I told him it looked like Holt, and if it was for Mr. Holt, he lived over the way—I saw him go towards the door, and I saw no more of him till next day.
(The prisoner's statement before the Magistrate was read, as follows: "There
were four of us in it; the man came and knocked at the door, and asked for Mr. Holt; I took the note and gave it into Mr. Holt's hands, and then they both agreed together, the two, Mr. Holt and Smith, to go away, and we packed up our things and went away with them."
Prisoner's Defence. I received the note and gave it to the man I lived with; he said it was quite right, and I thought it was; he was in the habit of having letters sent to him every day; he was a betting man, and I did not know but what it was a note the same as usual.
NOT GUILTY .
884. JAMES ANDERSON , burglariously breaking and entering the dwelling house of Samuel Arthur Chappell and others, in the night of 16th July, at St. James's, Westminster, and stealing 95 postage stamps, value 7s. 11d.; 13 cornopeans, 2l.;3 flutes, 30l.; 1 trombone, 8l.; 1 trumpet, 8l.; and 6 cornets, 50l.; their property: to which he
PLEADED GUILTY . Aged 21.— Eight Years Penal Servitude.
885. WILLIAM REARDON was indicted for a robbery, with violence, (together with another person unknown,) upon Daniel George Roberts, and stealing from his person a watch and chain, value 5l.; his property.
DANIEL GEORGE ROBERTS . I am a hairdresser. Between two and three o'clock on the morning of 19th July I was in Old Compton-street, going home, and was assaulted—an arm was thrown round my neck, which nearly strangled me—I do not know who the man was that did that—I saw the one that took my watch and chain—that was the prisoner—he broke the chain away from me—he came from the other side of the road—he seized the watch and chain, and took the watch and chain away—the other man was holding me at the time—after the watch and chain were taken, both of them lifted me off my legs and threw me into the road—I felt very queer at the time, and have been queer ever since in my throat, and other bodily injuries—I have had pain in my throat, and have been under the doctors' hands with it—I got up and went round to the corner of Pulteney-street, and then the policeman came—I believe I was able to shout; they tell me that I did, but I have no recollection of it—I saw the prisoner brought up by the policeman—this is my watch and chain (looking at them), and this is the part of the chain that was left in my possession.
COURT. Q. Do you recollect being asked by the policeman, or any other person, whether the prisoner was the man or not? A. The policeman asked me if he was the man when he was brought down from the court where he was taken; I said that he was the party that took the watch—I was asked if it was another man—I never said that it was a man in woman's clothes—I was not drunk—I can swear that the prisoner is the man that took the watch, for I had such a good view of him coming across the road.
WILLIAM GIBBS (policeman, C 37). On the morning of 19th July I was on duty near Compton-street, in Great Crown-court, about half-past 2 o'clock—I heard a scuffle and a very weak cry of "Stop thief!"—I saw the prisoner running very fast through Little Crown-court, towards Great Crown-court—I seized him, and took him back to the prosecutor in Wardour-street, at the corner of Little Pulteney-street—I asked the prosecutor if that was the man; he said that was the man—I took him to the police station—he delivered up the watch and said he was guilty—he repeated that a second time.
Prisoner. You will see in the depositions that I owned to having the watch before I got to the station. Witness. It was on the way to the station that he said he had picked up the watch, and when he got to the station he
took the watch from his pocket and part of the chain, and he repeated a second time that he was guilty.
Prisoner's Defence (written). I am a very poor man, and get my living by hawking things about the street; it was a great temptation for a poor fellow like me to find such a prize; when I picked the watch up I was walking away, when I met the policeman, who asked me where I was going; I told him I was going to the police station, that I had found a watch and chain and was going to take it to the station; when he heard the cry of stop thief he asked me to stay; the cry was not after me, but after some man who ran in a contrary direction; when the prosecutor was asked if I was the man, he said no, it was a man dressed in woman's clothes; the policeman said, "You had better give this man in charge, as he states he picked your watch up;" the prosecutor then said, "It must be him;" he was so drunk they did not ask him any question, but detained him until the morning, and then told him I was the man; he had no recollection of what he said or did when he came to the station.
WILLIAM GIBBS re-examined. The prosecutor was very much exhausted, and had a severe blow on the forehead, where he had been chucked out into, the road—he was not drunk—he recognized the prisoner immediately, and made no doubt about it.
GUILTY . Aged 20.— Eight Years Penal Servitude.
JAMES PALMER I am in the employment of Mr. Firminger, a merchant of No. 8, Broad-street Buildings. On Saturday, 22nd July, about half-past 5 o'clock, I went out to post a letter; I cannot say exactly the time—on coming back I saw that things had been moved in the counting house—on the following Monday morning I missed, two pairs of boots, a timepiece, and two coats—I left the door locked, and found it locked on my return.
WILLIAM DENNIS . I am shopman to Mr. Payne, a pawnbroker, of No. 99, Shoe-lane, Holborn. On 22nd July these two coats and a pair, of boots were pledged with me for 10s. about half-past 5 o'clock in the afternoon, by the prisoner—I have no doubt about; it—I took them in myself of the prisoner; in fact, I left one or two customers to attend to the prisoner.
FREDERICK STEVENS (City policeman, 142). The prisoner was given into my custody about half-past 7 o'clock, on 25th July—I searched him, and found this pawnbroker's ticket in his pocket, some keys, and a porte-monnaie, containing 5s.
Prisoner's Defence. I am not guilty; I wish to call my landlady, Mrs. Potter, and Mr. Chrisabel, of whom I was taking lessons in the Russian language;, I saw him here yesterday; when I left my house, No. 22, Church-street, Soho, at 4 o'clock, I met a Jew, named John Morris, in Fleet-street; he asked if I would buy some coats; I told him if my landlady would lend me the money I would; she lent me 8s., and the Jew said if I would come with him to where he lived, in Whitechapel, I should have them; as we
were going by Holborn he said he wanted some more money for the things, and I went and pawned them for 10s., and kept the ticket.
(The prisoner's landlady was directed to be sent for.)
HARRIET POTTER . The prisoner was a lodger of mine. Three weeks last Saturday he came and asked me for the loan of 8s., to pay for some clothes—there was a man in the passage, who went with him up to his bed-room—I lent him the 8s.—as near as I can recollect this was between 6 and 7 o'clock—it might be earlier or later; I know it was in the afternoon, for I had been out to take a bath, after doing the work of the house—I saw a man in the passage; I do not know that I should know him if I were to see him again—he was quite a stranger to me—the prisoner occupied a bedroom in my house, and paid me 3s. 6d. a week—he had a key of my street door—it is among those keys produced, and this is the key of my drawers, that were in his room—I do not know anything about these other keys.
NOT GUILTY .
PLEADED GUILTY . Aged 20.— Confined Two Months.
GEORGE TARLEY . I am overlooker of Mrs. Lawrence's farm, at Harrow. Last Tuesday week the prisoner came to work there—he continued there until last Wednesday night—I allowed him to sleep in a cottage of mine—there were sacks in the room—this (produced.) is one of them; it has my mistress's name on it—I know this pouch—this rubber is used for sharpening a scythe; it is just like the rubber that was in the place—the pouch is the case for the rubber—I saw the prisoner searched by the policeman, and this pouch was in his pocket.
Prisoner. I was sleeping in the room, which he allowed me to do, with a woman that I cohabited with; she and I had words, because I would not give her money for drink; she was a drunken, bad woman; on Monday morning I went out to work at 6 o'clock; she did not come till 11 o'clock; it was hay home; she said she had tied up the things, and she gave me this bundle; I did not know what was in it; the policeman met me, and took me. Witness. There was a woman with him—this was hay home—the woman came to me, and told me that the prisoner was the man that had taken the brasses off our harness—this was about 9 o'clock—the prisoner came with me, and remained till about half-past 11 o'clock, when the policeman came, and I gave him into custody.
SAMUEL ANTHONY (policeman). I was sent for to Mrs. Lawrence's farm, about 11 o'clock—I found the prisoner, and a female that he had been cohabiting with, in the yard—Tarley said, "I will give this man into custody for stealing brasses off our harness"—I said, "Where are the brasses?"—he said, "I don't know"—I took him to the station, searched him, and found this rubber pouch in his pocket, with the rubber in it.
Prisoner's Defence. I never had a key turned upon me; I would not take such things, they are not worth 3d. to me; the woman must have put them in my pocket; when I came from work she said, "I have tied all the things up;" she chucked the bundle out of the window, and made use of a bad expression, and commenced breaking the things; I picked up the bundle,
and tried to get out of the way, as I have done before; I had no hand in it.
NOT GUILTY .
ADAM M'DONALD (City policeman, 126). On Thursday, 3rd Aug., about half-past 4 o'clock, I took the prisoner into custody, in consequence of information which I received from Mr. Burr—I then received a lens from him—I took him to the station, searched him, and found on him a knife, a few pieces of leather, and this petticoat—I inquired from him where he lived—he told me at No. 1, Bronte-place, East-street, Walworth—I went there, and found a quantity of leather, and other things, which I produce.
Cross-examined by MR. BALLANTINE. Q. You took some, musical boxes away, did you not? A. Yes; they do not belong to Mr. Burr—there is no objection to giving them up.
WILLIAM BURR . I am a partner in the house of Somerville and Burr. The prisoner was our porter—in consequence of information I received with respect to another matter, I gave the prisoner into custody—I believe the whole of this property to be ours—some portion of it I can identify—the seal skin has our private mark upon it—I never gave him any authority to take these.
Cross-examined. Q. I believe he was about five years in your employment? A. Yes; we had a good character with him—we believe now that he has been robbing us for a considerable time—we have missed property for a number of months.
GUILTY . Aged 21.— Confined Six Months.
HENRY WEDLOCK . Last Saturday week I was at a beer shop, kept by Harrington, at Edgware, playing at skittles—the prisoner was there, setting up the skittles for us—before I began to play, I took off my coat, and tucked it down between a piece of wood and a board—I was playing for an hour or more; I afterwards went to look for my coat, and it was gone—I missed the prisoner out of the skittle alley, and I went to look after him—I could not find him—I did not miss any one else—I gave information to the police—between 12 and 1 o'clock at night I was knocked up by the policeman—I went with him to the station, and there saw my coat—this is it (produced)—there was a handkerchief in it, that I tie up my victuals in when I go to work.
Prisoner. Q. Were there not more in the skittle alley besides me? A. Yes; two besides you were setting up the skittles.
WILLIAM HOWE . I live at Edgware. Last Saturday week I was going to the Crystal Palace beer shop, and, passing over a bridge on the premises, I saw the prisoner looking over the bridge—I asked him what was his game—he made some reply, and I saw a coat drop from under his frock—I then went into the beer shop, and after a little while I heard that Wedlock had lost his coat—I mentioned what I had seen.
HENRY COSTE (policeman, S 109). In consequence of some information last Saturday week, I went in search of the prisoner—I found him in a barn about a mile and a half from the place—I found this coat with him—there was another man lying near—I asked the prisoner if he knew anything of the coat that was lying by his side—he said, no, he had no recollection of a
coat; that he had not had a coat in his possession for a long time—I told him he must go with me; that it was a coat that was supposed to be stolen—on the way to the station he said, "Well, I recollect something about picking up a coat by the roadside"—I went to the prosecutor, and he identified the coat.
Prisoner's Defence. I hope the Jury will have mercy; it is the first time I was ever here; the coat is nothing to me; if it had not been such a wet day I should not have been near a skittle place; I should have been at work.
GUILTY . Aged 27.— Confined One Month.
JOHN MERRITT JEFFERYS . I am foreman to Mary Ann Winton, a lighter-man. On Tuesday, 11th July, I sent a lighter to bring some goods out of a foreign ship—they were five casks of marbles and three cases of mineral vinegar—the vessel was lying off the Tower-stairs—the goods were to be landed at Brewer's-quay—I saw the barge on the Wednesday—it contained five casks of marbles and two cases of vinegar—one of the cases was gone.
DAVID FINNIS . I am a lighterman, in the employ of Mrs. Winton. I was sent by Jefferys to bring these goods from the ship—I went there about five o'clock—I got three cases of mineral vinegar and five casks of marbles on board the lighter—there were no other goods on the barge—I covered them over with a tarpaulin, and left them in the barge at 8 o'clock—the barge was fastened to the head of the vessel—the name of the barge was the Barber.
JOHN JOSEPH SHORTER . I am a lighterman. On this Tuesday evening I was on the Tower shore, about 20 minutes to 10 o'clock—the tide was then ebbing—I was waiting for the flood tide—I had a barge alongside the City of London steam vessel—I know both the prisoners—I saw them that night—they rowed alongside the Barber barge, and put the case into the skiff—James rowed, and Bourne sat on the case—they rowed to the Tower shore—they eased the case down on the shore, carried it up a little way, and broke it open—Bourne carried one bottle, and James the other; that I saw.
Cross-examined by MR. RIBTON. Q. Had you ever known them before? A. Yes, both of them—I was not in habits of intimacy with them—I work on Brewer's-quay—Bourne sells beer on board the steam boats—I think I have known James about twelve months—I did not see him for a week before this—I had seen him about a week before, at the Tower—I did not speak to them—I am not on terms of acquaintance with him—I only knew him as I do many other persons in the street—if James was alongside a steam boat in a boat, I may have said to him, "Can I step ashore with you?" as that is what we generally do to save us paying a waterman—I have been in a boat with him; he gave me a step ashore two months ago, off the Tower, I am quite sure of that—I have not spoken to him more than that—I knew his name—the name of "James" was on the boat—that was the only way I knew his name—I do not know whether he or his father was the owner of the boat—I had seen him a week before the robbery, on the Tower—I did not speak to him then—I was about fifteen yards from the barge on the night in question—they rowed alongside of where I was, and passed me on the shore—I was not more than a yard and a half from them then—I did not say anything to them—I stood on the Tower shore, and saw them
break the case open—I was never asked before to-day whether I was within a yard and a half of them—I was afraid to say anything to them—there was only me on the shore—I was afraid they would attack me—they might have thrown me overboard—I could not defend myself against a gang—there were several more looking after them on the shore, and on the top of the stairs—there were more to receive them—I mentioned about this on the Wednesday morning as this happened on the Tuesday night—I mentioned it to my father-in-law—I never had any quarrel with James or his father—I do not know his father.
COURT. Q. Have you any doubt at all that they are the two persons you saw? A. They are the two—I knew them before by sight, but not to speak to them.
Bourne. Q. Did you see me on the Tuesday night on the share? A. Yes—I did not see you on Tower-hill on the Wednesday morning; I did on Thursday morning, and I had you taken—I am sure I did not see you between 11 and 12 o'clock on Wednesday morning standing outside the Tiger, and bid you good morning, for I was engaged on board the Cornwall steam boat from 8 o'clock in the morning till 6 o'clock in the evening.
BOURNE— GUILTY . Aged 20.
JAMES— GUILTY . Aged 19.
Confined Three Months.
NEW COURT.—Thursday, August 15th, 1854.
PLEADED GUILTY . Aged 18.— Confined Six Months.
PLEADED GUILTY . Aged 25.— Confined Nine Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY . Aged 26.— Confined Six Months.
WIGGINS— PLEADED GUILTY . Aged 18— Confined Six Months.
JONES— PLEADED GUILTY .** Aged 22.— Confined Twelve Months.
MESSRS. ELLIS and PAYNE conducted the Prosecution.
SARAH YOUNG . I am the wife of William Young, he keeps a beer shop at Barnet. On 6th July, the prisoner came in there about 9 o'clock at night, as near as I can guess, he asked for a pint of beer, it came to 2d. he gave me a shilling, I gave him change—I then looked at the shilling again, I thought it was not good—I took it to my husband, and he came back with me to the tap room—he told the prisoner that he had given me a bad shilling—the prisoner said he had not, it was a good one—I had no other
shilling but the one which the prisoner had given me; I kept it in my hand—I had given the prisoner in change a sixpence and 4d. in halfpence.
WILLIAM YOUNG . I am the husband of the last witness. I remember her bringing me a shilling, I took it into the taproom to the prisoner, and told him it was a bad one—he said it was not—I told him to give me the change, and I asked him where he got the shilling; he said he got it of his master—I marked the shilling, and sent for the officer—I gave him the shilling, and gave the prisoner in charge.
MARY ANN TOWNSEND . I keep a lodging-house. The prisoner came on 6th July, and took a lodging, and gave me a bad shilling; I did not know it was bad—I put it in my purse, where I had no other—I afterwards gave it to Thomas Jarvis, a lodger of mine—it had been in my purse all the time till I gave it to him—I am sure it was the same the prisoner gave me.
JOHN MOORE (policeman, S 59). I took the prisoner into custody at Mr. Young's—I told him he was given into custody for passing a bad shilling—I asked if he had any more about him—he said he had 4s.—I searched him, and found two bad shillings in a bag, and one good six-pence and a fourpence, loose—this is the shilling Mr. Young gave me—this is the one the last witness gave me—those are the two I found in the bag.
Prisoner's Defence. I am a man who work hard for my living; I started to work at hay making; I worked on Friday, and my master gave me 2s.; I earned only 6d. on Saturday, as it was wet; I worked on Monday, Tuesday, and Wednesday, and he gave me 2s. in silver each day; I came to this woman's house and gave her a shilling, not knowing it was bad; she gave me change, and I went and got my dinner; I went to have a pint of beer at 9 o'clock, and gave the shilling; the woman gave me change, and in ten minutes she brought the shilling back and said it was bad, and wanted to have her change back; I was not aware it was bad; I told her to send for a policeman, and I pulled out my remaining money and gave it to him; I always worked for my bread; I worked for Mr. Ginger, of Stanmore.
GUILTY . Aged 42.— Confined Nine Months.
MESSRS. ELLIS and PAYNE conducted the Prosecution.
ELIZABETH MURFIN . I am the wife of Charles Murfin; he is a carpenter, and keeps a beer shop in Golden-lane, Barbican. The prisoner came there on 11th July, at near 10 o'clock at night—he asked for a pot of beer, and after I drew it he wanted a pint; he threw down a half crown—I gave him one shilling, two sixpences, and fourpence in change—I put the half crown in the till—there was no other half crown there—I afterwards found it was bad—I called my husband, and gave it him—I marked the half crown on the edge with my teeth, and put it on a shelf—I afterwards put it in a drawer—I gave it to the policeman on the Friday following.
Cross-examined by MR. RIBTON. Q. You thought the half crown was a good one? A. Yes; the prisoner threw it down on the counter, and as he had been in the habit of coming regularly for his beer I thought it was good—he had never given me bad money before—he is a lad living with his mother, who lives in Brackley-street.
ELIZA MURFIN . I am daughter of the last witness. I saw the prisoner there on the Tuesday night, and my mother gave him change for a half crown—on the Thursday he came, and gave me a bad sixpence for a pint of beer—I gave him change, and put the sixpence on the shelf till my mother came down—I thought it looked rather dull—my mother came down in five or six minutes, and I took the sixpence from the shelf and gave it her—I am sure it was what I had from the prisoner.
Cross-examined. Q. Did you not put it in the till? A. No, I put it on the shelf—I gave him change; I then thought it was good—I thought it was bad when I put it on the shelf—I found it was bad directly he was gone—there was no other money on the shelf.
(The prisoner received a good character.)
NOT GUILTY .
MESSRS. ELLIS and PAYNE conducted the Prosecution.
JOHN MAHONY . I am potman at the George the Fourth, Mint-street, Whitechapel. On 21st July he prisoners came into the tap room, and called for a pot of porter; I served them—it was paid for with a shilling—I do not know which of them put it down—I gave 9d. change—M'Sheen called for the beer, and Barry was with him—they were both sitting together—I did not see them go away—I put the shilling in my left waistcoat pocket, where I had no other money—I afterwards went to the bar and gave it to my master, to pay for some mere beer, and he said it was bad—the prisoners were then gone—in about an hour afterwards I saw them again at the bar, and my master detained them—I afterwards got a bad shilling from Mr. St. Ledger, and I gave it to the policeman.
Barry. Q. Did I give you any money? A. I cannot tell; one of you gave me a shilling, I am sure—you came in together—I put the change on the table—I cannot tell who took it up.
MICHAEL ST. LEDGER . I keep the George the Fourth—I recollect receiving a shilling from the last witness about 10 o'clock, on 21st July; I saw directly that it was bad; I put it on a shelf under the counter by itself—I saw the prisoners about three quarters of an hour afterwards—they came in together, and M'Sheen called for a pot of porter; I drew it, and while I drew it, he put down a half crown very quietly—I noticed it was bad, and would not let him have the porter—I told him it was bad, and he said I did not know what good money was—I asked him where he got it; he said he sold his shirt in Petticoat-lane, and got the half crown—I kept it, and sent for a constable, and gave it him—I gave the shilling to the last witness, and he gave it to the policeman—no one could have changed the shilling on the shelf; I was there the whole time.
M'Sheen. Q. I told you I sold my coat for half a crown? A. No; you told me your shirt.
Barry. Q. What money did I give you that day? A. You did not give me any.
EDWARD GROVES (policeman, 72 H). The prisoners were given into my custody by the last witness, on 21st July—I found 4 1/2 d. on Barry, and no money on the other—I received this half crown from the last witness, and this shilling from Mahony—at the station M'Sheen said he did not utter the shilling, it was two sixpences that they had—that he had sold two
shirts for 1s. 1d., and he received two sixpences and one penny, and he had sold his coat for half a crown to the same man—the next day Barry said that a man was passing, and he gave M'Sheen the half crown, and told him to go into the public house, and he would come to him—M'Sheen was standing by Barry's side, and must have heard this.
M'Sheen's Defence. I finished a job about 12 o'clock, and I went out and met this man, who asked me to go and have a pot of beer; I had no money, and I took my shirt off and got 6d. for it; I went and drank that; I then came out and sold another shirt, and got 7d. for it; in the evening we went out, and this prisoner met a young woman, and got some halfpence of her; in his absence I had sold my coat for half a crown, and we went in and offered it.
Barry's Defence. I went out and met this young man, and when my money was out, I parted with him; I met a young man who gave me some halfpence; in the evening I met this prisoner in Rosemary-lane; I asked him what he had got; he said, half a crown; he asked me to have a pot of beer.
JOHANNA BREEDEN . I live in Goulston-street. I met Barry that day, and gave him 5d. in brass about 10 o'clock, in a public house—he came to my lodging about 11 o'clock—I was in bed—he left my place about 11 o'clock, and I did not see him afterwards—he was after telling me that they sold their shirts.
M'SHEEN— GUILTY . Aged 18.
BARRY— GUILTY . Aged 21.
Confined Nine Months.
MESSRS. ELLIS and PAYNE conducted the Prosecution.
JABEZ ELAND . I am barman at the Ben Johnson, in Shoe-lane. On 26th July the prisoner came there about five minutes before 2 o'clock in the morning—he called for a pint of porter, and gave me a shilling—I gave him a sixpence and a 4d. piece in change, and laid the shilling on the shelf—the prisoner went out, and in about five minutes he came in again, and brought a female in, and he called for another pint of beer—he gave me another shilling, and I gave him in change another sixpence and a 4d. piece, but while the shilling was in my hand I said, "This is a bad one"—I put it on the counter, and bent it—he said, "Is it?" I said, "Yes"—he said, "Let me look at it"—I gave it him back, and I said, "You will oblige me by paying for the pint of beer," and he gave me a good shilling—I then said, "Just let me look at that again," and he gave me the bad one back again, and I laid it on the shelf—he said, "Give it me back," but before doing so, I felt the first shilling, and found it was bad, and I said, "They are both bad; I shall give you in charge"—I gave him and the shillings to the constable.
Prisoner. When I came in with the first shilling you put it in the machine, and found it bad. Witness. We never had a machine in the place—you gave me a good one—I should not have thought anything more about the first shilling till I found the second was bad—the shilling was not mixed with other silver—there was some silver in a stack, but this one laid by the side—I gave you change for the second shilling because I did not know but it was good.
Prisoner's Defence. He brought the shilling away from other silver; if I had given him a bad shilling would I have allowed him to get the second back again? he took it from a lot of silver, and said, "Here is another that you gave me."
GUILTY . Aged 23.— Confined Six Months.
MESSRS. ELLIS and PAYNE conducted the Prosecution.
JOHN WILSON . I keep the Grapes, in George-street, Minories. On Tuesday, 18th July, the prisoner and another female came to the bar, and asked for half a quartern of gin—the prisoner laid down a sixpence—I looked, and had my doubts about it—my wife was standing on my right; she said, "I can see here that it is a bad one"—it was tried in the detector, and it was bad—I put on my hat to go to look for an officer, and the prisoner ran out at the side door—she turned up Little George-street, which is not a thoroughfare—she came back, and as she was coming down the street she saw me, and said, "What do you want with me, you d—d old b—r?"—I made up my mind to stick close to her—she ran up and down Jewry-street two or three times, crossed the Minories, and went down by Moses'—a policeman brought her back in custody—I kept the sixpence in my pocket wrapped in a piece of paper till the day the prisoner was committed.
Prisoner. Q. How long was it before you gave me in charge? A. Some time, but I still kept you in sight—I think you were the worse for liquor.
COURT. Q. Did she know what she was about? A. Yes—I was following her at least ten minutes.
JOHN BUCK (City policeman, 620). I took the prisoner at the corner of the Minories—I saw her pass her hand to her mouth—I laid hold of her neck, and these three bad sixpences fell out of her mouth—I received this other sixpence from Mr. Wilson.
Prisoner. Q. Did I tell you how I came into possession of them? A. You told me a woman gave them to you, and told you to swallow them—you were the worse for drink.
Prisoner's Defence. I met a friend who asked me to go and have something to drink; I went and drank freely; she asked me to go somewhere down in the City, and left me on a step, sitting; she came and woke me up, and we went into another public house and had some more; she gave me the sixpence: they found it was bad, and in going out she gave me the other three sixpences, and said, "Take and swallow it"—I did not know it was bad.
GUILTY . Aged 28.— Confined Nine Months.
MESSRS. ELLIS and PAYNE conducted the Prosecution.
ROBERT NEWMAN . I keep the Goldbeaters' Arms, in Warwick-lane. On the evening of 24th July, the three prisoners came there—Sheen asked for a pot of beer—he gave me a sixpence, and I gave him 2d. in change—an other pot of beer was called for afterwards, which my wife served—after that I served them another pot which Warren paid for with a bad shilling—I
said, "That won't do, that is bad," and bent it double—I handed it back to Warren—I looked in the till and found a bad shilling—I tried it—held it in my hand, and called for a policeman—I gave it to him, and the prisoner was taken into custody.
Cross-examined by MR. COOPER. Q. Had these men been customers of yours? A. No; they sat there about fifteen minutes—I have not taken ad silver since I have been there—I have taken bad silver in my life—I do not know that I have passed it.
COURT. Q. Was there anything else in the till but the shilling? A. The only shilling that was in it was the bad one—there were three sixpences.
MARY ANN NEWMAN . I am the wife of the last witness. I remember serving Sheen with a pot of beer, he paid for it with a shilling—I gave him change, and threw the shilling into the till—there were three 4d. pieces and two sixpences—that was all the silver there was there—no other person gave me any money before my husband went to the till—there was no one in the house but the prisoners—I saw my husband give the shilling to the officer after the prisoners had been taken into custody—I remember where Sheen had been sitting, there was a shutter there—I was looking there for shillings, and I found a bad florin—I gave it to the girl immediately to take to the station—the place had been swept after tea that evening—I do not believe any person had been in after the sweeping.
Cross-examined. Q. You did not sweep the place yourself? A. No; to the best of my belief no person had been in before the prisoners came—I draw the beer and sell it—I had this shilling from Sheen—I am sure it was a shilling he gave me—I am sure I did not put the shilling he gave me into my pocket—I do not carry money on my person—as I took it from him I put it in the till—my attention was called to it directly after the last pot of beer was drunk.
Cross-examined. Q. Did you see the shilling that your mistress took? A. No; there were only the three prisoners in the house at the time—there had not been any persons drinking there lately—I was not there all the time the prisoners were there—I did not take notice of them.
JAMES STRATTON (City policeman, 281). On Monday evening, 24th July, I went to Mr. Newman's, I saw the prisoners there—Mr. Newman said they had passed two bad shillings just now—he gave me one, and he said Warren had the other—I looked for the one that he said Warren had, but I could not find it—I sent for another officer and took the prisoners in charge.
Foley. I was there half an hour after he took the other prisoners away. Witness. I took the other two, and sent another officer for Foley in about five minutes.
COURT to MARY ANN NEWMAN. Q. How long did Foley remain after the others? A. Only while he drank the beer which had been called for, and he paid for it—he was not there many minutes.
Warren's Defence. I was working at a stable; I went out at night, and saw these two men; we went and had some beer; Sheen paid for it, and
had some change; he called for the second pot, and I put the shilling on the bar; the landlord gave it me back; I did not know it was bad.
(Warren received a good character.)
SHEEN— GUILTY . Aged 28.
WARREN— GUILTY . Aged 40.
Recommended to mercy by the Jury.— Confined Three Months.
FOLEY— NOT GUILTY .
903. ROSE PARKYN , stealing 21 spoons, and other articles, value 20l.; the goods of William Hensman Teulon, her master: also, 1 gown, value 5s., and other articles; the goods of Antoine Ney: to which she
PLEADED GUILTY. Aged 18.—( The prosecutor stated that he believed her to be the dupe of others, and that he believed that she might be reclaimed.)—Judgment Respited.
PLEADED GUILTY . Aged 27.— Confined Six Months.
PLEADED GUILTY . Aged 16.— Confined Three Months.
MR. ROBINSON conducted the Prosecution.
GEORGE ELLIS . I live at Bury Farm, Edmonton. The prisoner was one of my carters—about 7 o'clock, on Saturday evening, 1st July, I followed him some distance out of my yard—I came up with him, and he was carrying a basket of oats—I took hold of the basket, and said, "What have you got?"—he said, "Nothing"—I took it from him, and found it was full of oats, I suppose about a peck—I took them home with me, compared them with a sample in my barn, and, as far as my opinion and knowledge goes, I think they correspond—the prisoner might get to the barn where the oats were—I could not miss a small quantity like this.
Cross-examined by MR. PAYNE. Q. Under whose care were your oats? A. No one's in particular; the barn door was not locked—the prisoner had been in my service fifteen or sixteen years—I only speak to these oats from comparison—I have not missed any.
GEORGE HOLLAND . (policeman, N 130). On Saturday evening, 1st July, between 8 and 9 o'clock, I took the prisoner, for stealing a quantity of oats from Mr. Ellis—he said, "I dare say you know all about it;" and he said that Mr. Ellis's foreman sent him every day with a bushel of oats for his horses, and he had them from there.
(The prisoner was further charged with having been before convicted.)
JOHN GUIVER . I produce a certificate of the prisoner's former conviction—(read—Central Criminal Court; William George, convicted June, 1838, of stealing half a bushed of oats; confined two days)—I was present—the prisoner is the man.
GUILTY. Aged 54.—Recommended to mercy by the Jury.— Confined Seven Days.
HARRIET HOWE . I am the wife of James Howe. I had been to Great Stanmore, hay making—on 26th June I left a bundle in the care of John Saunders—it contained clothes of my own and my children's—Saunders was to take care of the bundle while I was at work at Mr. Canard's—the prisoner was working with me there—after leaving work on Monday, I went to Mr. Blackwell's, to get other work—I left the prisoner against the gate, as we went into the yard—I did not get back till between 10 and 11 o'clock—I saw Saunders, and he gave me some information—I did not give the prisoner authority to go and get the bundle—it contained three gowns, three pairs of stays, a dozen and a half of napkins, five shirts, petticoats" and other things, and a Bible and Prayer-book.
JOHN SAUNDERS . I had a bundle given me by the last witness to take care of on 26th June—I took care of it till the Monday night, when the prisoner came to my house at half past 9 o'clock—I got out of bed, and he said his mate had sent him for the bundle of clothes—I said, "Where are you going to sleep?"—he said, "At Mr. Blackwell's"—I gave him the bundle, and thought he was going to his mate with it.
EDWIN LEIGHTON (policeman, S 51). I received information, and looked after the prisoner; I found him in a cook's shop on 29th July—I said, "Is not your name Clark?"—he said, "Yes"—I said he must consider himself in custody for stealing a bundle of clothes from that poor man at Stanmore—he said, "I have robbed no poor man"—I took him to the station—I have not been able to find any of the property.
(The prisoner was further charged with having been before convicted.)
HENRY COOTE (policeman, S 109). I produce a certificate of the prisoner's conviction (read—Central Criminal Court, Joseph Clark, convicted Dec., 1850, of stealing 9s. 6d. from his master; confined two months)—I took the prisoner—he is the person.
GUILTY. Aged 28.— Confined Twelve Months.
JOHN FORSTER . I am a labourer. On 31st July I was in Lower Thames-street. I saw the prisoner take a handkerchief out of the prosecutor's pocket; he put it under his jacket—I asked the prosecutor if he had lost his handkerchief; he said, "Yes"—I called a policeman, and pointed out the prisoner to him—I saw the policeman go to him, and take the handkerchief from his jacket pocket in Bear-lane.
JOHN HUTTON . I live in King-street, Clerkenwell. On 31st July the last witness made some communication to me—I followed the prisoner, and saw him taken, and my handkerchief was taken from him—this is it.
Prisoner. I picked it up.
WILLIAM FENNING (City policeman, 565). I took the prisoner, and found the handkerchief under his left breast—I said to him, "Where did you get this handkerchief from?"—he said, "I am not sorry for it."
GUILTY . Aged 28.
(The prisoner was further charged with having been before convicted.)
Matey, convicted July, 1853, of stealing a handkerchief from the person; Confined one year)—I had him in custody—he is the person—a former conviction was proved against him on his last trial, and he told me himself that he had been several times convicted summarily.
GUILTY.— Confined Two Years.
OLD COURT.—Wednesday, August 16th, 1854.
Before Mr. Justice Erle and the Third Jury.
PLEADED GUILTY . Aged 18.—Recommended to Mercy. Confined Three Months.
MESSRS. BODKIN and SLEIGH conducted the Prosecution.
THOMAS HATCHMAN . I am living at No. 3, Avery-row, Bond-street. On Tuesday evening, 20th June, about 7 o'clock, I was in Hanover-square; the prisoner came up to me and asked me whether I could take a note for him to Mr. James, of No. 10, Wardour-street—I said, "Yes;" he gave me the note, either in the square, or in George-street, which is close to it—this is the note (produced)—after giving me the note, he walked down with me to No. 16, in George street, and told me I was to bring an answer back to No. 16, George-street—he said he would give me 1s. for my trouble—I left him at No. 16, George-street, and went with the note—I went to Mr. James; it is an oilman's shop in Wardour-street—I handed the note to a shopman; he took it to Mr. James; I did not see him open it, but he came to me with the note in his hand open—he had some conversation with me, and I then went back to George-street—I did not find the prisoner there—on the following Saturday, I accompanied a policeman to Leicester-street, near Leicester-square; that was about 3 o'clock—while I was there with the policeman, I saw the prisoner; he was walking in the street—I did not see where he went to—I afterwards went into a coffee shop, in Leicester-street—there were two men in the room; the prisoner was one of them—I then came out of the coffee shop, and went back to the policeman—I did not return with him into the coffee shop.
Cross-examined by MR. PARRY Q. You had never seen this man, whoever he was, before you met him in Hanover-square, had you? A. No; it was only a few days afterwards that I saw the prisoner at the coffee shop; I saw him first walking up and down Leicester-street—the policeman was not with me at that time—the policeman sent us to see whether we could see him—there was I and another boy named Marlow—the policeman sent us to see if we could see the man that had given us the notes—I knew what I was going for—I had no chat with the other boy about it, because we went at different times—we did not go together; he sent me first, and the other boy afterwards—I had no conversation with the other boy—the policeman sent for both of us, and told us to go and see whether we could see the man—he told us to go to Leicester-street, to see if he was
walking up and down—when I got to Leicester-street, I saw two men walking up and down—Marlow was not with me then—he was not with me at all when I saw them walking up and down—I do not know whether he saw them walking up and down; I believe he did.
Q. When you first saw Mr. Coyle walking up and down, you had some doubt about him, had you not? A. It was a side glance—I had no doubt about him—I said at first that I had a little doubt about him, because it was a side glance—I told the policeman at first that I had a doubt about him—I did not say anything about a little doubt; I said I had a doubt.
Q. Has that doubt become "fine by degrees, and beautifully less;" has it become diminished? A. Yes; I understand what you mean by that quotation—that doubt has not diminished since I have come here; it diminished the same day—I did not look at him above half a minute, when he was walking up and down the street—I did not stare at him; I only walked past him once—I then returned to the policeman—I walked by his side, on the same side of the way—he did not meet me face to face; we were both going the same way, and I walked by the side of him—I then went and told the policeman that I had some doubt—the policeman told me that I must be sure about it—he did not say, "or else you will be of no use"—I then went to the coffee room to see him; the policeman told me to go and see if he was there—he was there—then all my doubt vanished—I looked at his face more—when the policeman told me to go and see if the man was in the street, he did not tell me that I should see a man walking up and down—I did not expect to see a man walking up and down—I did not think anything about where I should see him—I was only told to go and see whether he was in Leicester-street—I saw him, and said I had a doubt—I was afterwards told I must be sure, and to go to the coffee house; I did so, and became sure—I have remained sure ever since.
MR. BODKIN. Q. Where was the other man walking? A. By the side of him—they were walking together—when I passed the prisoner I passed the other man also—I only looked at him as I went by—when I afterwards went into the coffee room, both the men were there that I had seen walking in the street—I then had an opportunity of seeing the full face of the prisoner—I have no doubt of his being the person.
GEORGE JAMES . I reside in Wardour-street. On 20th June the boy Hatchman brought me a note—this is it, and the envelope—this cheque was contained in it—I have a customer of the name of Ferguson—I did not think fit to comply with the request contained in the note—I went with the boy and saw Mrs. Ferguson that same evening—(note read: "Mrs. Ferguson will feel greatly obliged to Mr. James if he will send her change for the enclosed cheque immediately by the bearer. 16, George-street, Hanover-square, Tuesday evening")—(The cheque was for ten guineas on Coutts and Co, dated 20th June, 1854, drawn by Eliza Armstrong, payable to William Ferguson, Esq., or bearer, with a stamped receipt on the back, on which was written, "Received, M. A. Ferguson, June 20, 1854")—Mrs. Ferguson lives at 16, George-street—the name is on the door, so that any person in the street would know that Mrs. Ferguson lived there.
ALBERT MARLOW . I live in Pulteney-court, and work for my father, who is a shoemaker. On a Saturday in June I remember being in St. James's Park, about twenty minutes or half past 9 o'clock in the evening—I saw the prisoner there—he asked me if I was in a hurry; I said "No"—he asked me if I could take him a letter to Panton-street, I said "Yes"—he said, "Come along;" and he took me along Spring-gardens, to Dr. Cross's
door—he was standing at the end of Spring-gardens—the name of Dr. Grass is on the door—he then gave me a letter, and told me to take it to No. 8, Panton-street—this is the letter and envelope (produced)—he told me when I got the answer, to come back again, and I should see him at the same place, that he would be walking up and down; he said that I was not to ring his bell—I wont to No. 8, Panton-street, with the letter, and delivered it to Mr. Bowen—it is a tallow chandler's shop—he opened it, and said something to me—I then went back to Dr. Cross's—I did not find the prisoner there; he had gone—on the Saturday afterwards I went to Leicester-street—the policeman took me to Lisle-street, and he pointed over and told me to go into the coffee room of a public house, and told me to go in there and see if I could see anybody—I went there, and saw two persons in the coffee room—they were both men—I went in by myself—I saw the prisoner there.
Cross-examined. Q. Had you gone to see for him in Leicester-street? A. Yes—I saw him first outside—I and the other boy did not go to Leicester-street together—we did not both go back to the policeman together; the other one went back first—I did not know the other boy before; I know him now—we have not been playing together since; we have met together—we have not talked this matter over—I have never been a witness before—it is rather an important event in my life—I have not talked about this matter with the other lad, whether the prisoner was the man or no—we have said a word; we have talked about it.
Q. You knew that there was some question whether he was the man, did you not? A. I knew he was the man—the other boy did not tell me that he doubted his being the man—I heard of his doubting when he came back to the policeman—that was not when I went back to the policeman; it was before I went to see—he said he had a doubt—he said he could not get to see him—I did not go to the coffee room with the other lad—he waited outside—we went together afterwards—we went together to the door—we went in at separate times—we did not go in together—the policeman came in along with me, and I saw Mr. Coyle there sitting down—the other man that was with him was a very stout man—they were not talking or sitting together—Mr. Coyle was sitting by himself, and the other gentleman was sitting at the other side of the room—I then selected Mr. Coyle as the man who had given me the note on the Saturday before—I recollect the other boy coming back to the policeman and saying that he had some doubt—the policeman did not say to me and him, "You must be sure about him," not that I am aware of—I did not hear that—the policeman told me that I was not to say the wrong man, I was to be sure and say the right man—he told me that the first time, when I went to the public house to see him—he did not tell me that I should see the man in the public house; he told me to go in there and see if I could see the man who gave me the letter—I and Hatchman walked together as far as the door of the public house—I only said, as I went, "I will go in first"—we had not talked at all about it, as to whether he was the man or no—I know that Mr. Coyle denies being the man—I have not talked that over with the other boy—we have said we were sure he was the man, not over and over again, about once or twice—I said I was sure he was the man, because I was sure—I said to the other boy that I was sure—I said just now that I had talked it over with Hatch-man, and both of us had said that we were sure he was the man.
COURT. Q. Did you and Hatchman talk it over together, whether he was the man or not? A. Yes; I said I was sure he was the man, and he said, "Yes," he was quite sure it was him—there was nothing more.
MR. PARRY. Q. Did you talk this over more than once? A. Yes; about twice—I do not mean by that three times, I mean twice—there was not any doubt expressed—we both told each other we were sure—I said I was sure he was the man, without his saying anything to me first; and then he said he was sure, and nothing else—we said it twice on the same Saturday—it was half-past 9 o'clock at night that I saw the man.
MR. BODKIN. Q. Was it daylight? A. No; it was dark—the gas was lighted—I first saw the policeman on the Saturday when he came to my house—Mr. Bowen, where I took the letter, knew where I lived—it was about the middle of the day that the policeman came to my house; I did not go with him directly—he came for me at night—I saw the other boy Hatchman on the Friday night—I went to Lisle-street along with the policeman, and he was there—I went twice—I went first on the Thursday night, and Mr. Coyle was not there; I went to look for him—I saw several men in the street that Thursday night; I did not see one that I recognized—I went again on the Friday, about 7 o'clock; I did not see any one then that I recognized—I went again on the Saturday night, and then I saw him—I first saw him in the street; he was standing up, talking to another person—I knew him then—that was before he went into the coffee-room.
JAMES BOWEN . I am an oilman, in Panton-street, Haymarket. On Saturday evening, 17th June last, Mprlow came to my shop with this note containing this cheque—I have a customer named Dr. Cross—I did not comply with the request in the note—I detained the note and the cheque—(note read: "Dr. Cross will feel obliged if Mr. Bowen will send him change for the inclosed cheque by the bearer. 20, New-street, Spring-gardens. Mr. Bowen, 9, Panton-street, Haymarket.") (The cheque was dated 17th June, on Messrs. Coutts for 11l. 11s., drawn by Matthew Frost, payable to Dr. Cross or bearer, and contained the words "Received, Dr. Cross," upon a stamp.)
WILLIAM EDWARDS . I am in the employment of Mr. Burnett, a linen-draper, of Covent-garden—I was in Bury-street, St. James's, on 21st June, between 6 and 7 o'clock in the evening, and met a person who spoke to me—it was the prisoner—as I was crossing the road, he said, "Here, Jack, will you take a note for me to No. 11, Jermyn-street;" I said, "Yes"—I was to wait for an answer, and to meet him at the step of Mr. Pearce's door, No. 10, Bury-street—it was in Great Ryder-street that I saw the prisoner, that is close by—I saw the house that he referred to as Mr. Pearce's—I am not sure whether there was a name on the door—he said I should have a shilling—this is the note that I took—I came away without an answer; Mr. Pearce came with me—when I got back to Mr. Pearce's I did not find the prisoner there, he was gone.
Cross-examined. Q. You do not know the other two boys at all, do you? A. No—I first saw Mr. Coyle afterwards at the police court—he was in the dock, before the Magistrate, I thought it was the Judge—at first, when I saw him, I did not think he was the man—the magistrate ordered him to put his hat on, and then I recognised him—it was a black hat—I did not notice anything remarkable about the hat—when I first saw him, I said I did not think he was the man—that was while I was in Court, before I was examined—I am not sure, exactly, what the policeman said to me; I think he said, "You must be sure it is the man," but I will not be sure what he said—I said he had on a grey, sandy-coloured alpaca coat, a sort
of mixture—I remembered principally the coat of the man, I saw the coat that he had on—I did not see any alpaca coat while he was in the Court—I gave my evidence last—I did not hear the other boys examined; I was in the passage at the time they were examined, not in the Court—I was aware that they were being examined—I saw them in the passage—I do not think the policeman told me anything about the boys—I was talking to the boys about it; I told them where I met him, and what sort of coat he had on, and then they said to me, "Yes, that was the sort of coat that I saw him in"—I do not recollect very well what I said then, or whether they said any more—that conversation took place before I went into Court—they went in afterwards, and gave their evidence before me—I do not recollect their telling me that they were sure about the man.
MR. BODKIN. Q. Did you have this talk with the other boys after you had been before the magistrate or before? A. Before—neither of them had been before the Magistrate then—there were some gentlemen standing about the same part of the Court as the prisoner, when I was asked to look round for the person; there was no person in the dock with the prisoner at the time—I will not be sure whether there were persons standing between the prisoner and me when I looked at him; I do not recollect whether there were—when his hat was put on I believe all the people put on their hats—I do not remember any person standing between me and the prisoner—I remember going round to where the prisoner stood, I went round behind, and then I pointed him out—I went through some other gentlemen before I came to the prisoner—they had their hate on.
RICHARD MULLENS . I am solicitor for the prosecution—I was in attendance at the Marlborough-street Police-court when this matter was inquired into—Mr. Hardwick was the Magistrate—I was present when the last witness was examined—the prisoner was standing in the dock, which is towards one end of the Court, and immediately at the back of which the spectators stand—I think there were from twenty-five to thirty persons standing there—a rail separates the dock from the public part of the Court—there is a bar in front as well as a bar at the back—it is a simple wooden rail, and the spectators stand immediately at the back of the rail, not in the same space as the dock—the prisoners stand between two rails, and the spectators at the back and at the side—I remember Mr. Hardwick directing the persons to put on their hats; from twenty-five to thirty persons put on their hats—there was no other person in the dock.
COURT. Q. Has the lad described truly what you saw? A. Yes, except that he has hardly described that he went into the body of the crowd, and then he pointed out the prisoner.
Cross-examined. Q. Do I understand you that he did not point out the prisoner until his hat was put on? A. Certainly not—he saw him, but not above three or four minutes before his hat was put on, just while I was examining him—I was sitting to the left of the witness box—the person who stands in the witness box is not elevated, I think the box is level with the floor—I was never in it, and do not know—the dock is barred off from the spectators, but not from everybody—a prisoner generally has several police, officers standing by his side.
GEORGE NISBETT . I am a wine merchant, in Jermyn-street. I remember the witness Edwards bringing me this note—it contained this cheque—(read—"Mrs. Pearce will feel obliged to Mr. Nisbett if he will send her change for the enclosed cheque immediately, by the bearer. 10, Bury-street, St. James's, Wednesday evening. To Mr. Nisbett, 11, Jermyn-street."
The cheque was on Coutts and Co. for 13l. 12s., drawn by Henry Arbuthnot, payable to Mr. C. Pearce or bearer, with the words "Received, M. A. Pearce" on a stamp)—I have a customer of the name of Pearce at No. 10, Bury-street, and he happened to be in my shop at the very time this note was presented, and went with the boy.
CHARLES PEARCE . I reside at No. 10, Bury-street, St. James's. I am acquainted with Mr. Nisbett—I happened to be at his house on 21st June, when the boy brought this note in—it is not my wife's writing—I know nothing whatever about it—I accompanied the boy back to Bury-street, with a policeman, but did not see anybody there—I think some man came to the door and knocked, and made some inquiry—I asked the lad if that was the man, and he said "No," it was some stranger.
MARY EGGINS . I live at No. 2, Lisle-street, Leicester-square, and let lodgings. The prisoner and his wife lodged at our house in the early part of June—he was in debt for rent—at the time he left it was 11l.; that was on 14th June—at the time I had some conversation with him about a cheque, he owed me 8l. or 9l., I suppose—I pressed him to pay it—that was about the end of May—he showed me a cheque on Messrs. Coutts' bank for 15l.—he said it would be cashed on 12th June, and then he would pay me, or before then if he could get it cashed—it was an engraved form of cheque, like these produced—I did not notice the name of the person drawing the cheque—I think it was payable to William Coyle or bearer—in consequence of that I waited until 13th June—I then went up to his room again on the subject;—he rang his bell for me—he showed me the same cheque again—he gave it into my hand, and said, "You see it is written on 'Cannot be paid until the 22nd'"—I saw those words written on the right hand side of the cheque, at the bottom—I said I did not understand cheques or bills; I would take it down to my brother, and show him—I was about to leave the room with it for that purpose—I had got as far as the door, and had got the door open, and called to my brother, when Mr. Coyle took the cheque from me, and both he and his wife said, "No"—they would not allow their cheque to be taken down stairs—I said I would bring it back immediately—he took the cheque from me, and ran and put it into the fire—I called my sister, who came into the room immediately—I said, "He has burnt the cheque; take it out of the fire"—it was not all burnt at the time—she was going to the fire, and he caught her by the neck of her dress, and held her fast, and his wife took the poker, and poked the cheque into the fire, so as entirely to destroy it—they left the lodging next day, the 14th—they left an empty trunk behind them, and a few articles in a hat box, which the police took possession of.
Cross-examined. Q. I believe you were not examined at the police court in this matter? A. No—the prisoner had lodged with me from 17th Nov. last—the rent was paid weekly; it was 13s. a week—Mrs. Coyle said that he was doing business, and he said he was doing business for several noble-men, and their money came in in large sums, therefore they could not pay every week—I do not know whether he was a betting or sporting man—I do not know a brother of his, a celebrated sporting man—I did not know the prisoner before he lodged with me—I did not know that he or his brother were connected with sporting, or racing, or betting—I have heard that he has a brother, but I do not know him myself.
ROBERT MARTIN (policeman, C 86). I took the prisoner into custody on this charge in Leicester-street, Leicester-square, in the coffee room of a public house—I produce a box that was found at his lodging, it contains gambling instruments.
Cross-examined. Q. Did you know that he was waiting there when you sent the boys? A. I did not at the time—I heard that three or four parties that he knew were there—I had made inquiries—I do not know whether he was there of his own accord.
MR. PARRY to MISS EGGINS. Q. Had the prisoner paid you about 9l. of rent altogether? A. He paid two sums of 4l. 7s., and 2l. 12s., which led us to have confidence in him.
GUILTY . Aged 45.— Transported for Fifteen Years.
MR. THOMPSON conducted the Prosecution.
GRACE BANBURY . I am the prisoner's wife; we have been married about fourteen or fifteen years. Five months ago he turned me out of doors, and I went to live at No. 6, Dove-street, until five weeks ago, when I went to live in Market-street—on Saturday, 22nd July, I was sweeping at the shop door when the prisoner passed; he called me an old b—and a w—and said, "What do you want of me?"—I said, "I want nothing of you, but to keep at a distance"—he then made the best of his way up, and fired a pistol at me—I did not see the pistol before he fired it; the contents hit me—I was shot in the arm and in the gum, and a good deal of blood came—I found the blood gurgling in my throat; I went to spit it out, and I saw the blood streaming on my dress, coming from my arm—I was hit in the arm, because I put up my arm when he fired; I do not know bow I came to do that—I have been under medical treatment ever since—there had been no quarrel between me and my husband that day; I never spoke to him but twice during the time I was absent from home—I had seen him several times on this Saturday—once, when he passed the first time in the morning he looked, at me very bitterly, but did not speak to me—the next time he passed me, he called me a w—and an old b—; (that was not the time he shot me) and he passed me once afterwards—as I came up the market, he ran up against me and knocked my shoulder, but did not knock me down—that was about 11 o'clock—I do not know what o'clock it was when he had the pistol.
Prisoner. She has got a boy twenty-five years of age, that she had by a soldier in Exeter barracks, and that boy is at home along with me; he will not do any work; he will be out all night long, and come in about daylight in the morning, and lay abed all day; and she has got a girl, twenty-two years of age, that she had by her first husband, and this girl is out three or four nights of a week, and has had men in my house; I have called out at 2 or 3 o'clock in the morning to know whether they were going to bed, and the answer has been, "Go to h—, you old b—;" I told her they should go away, I would have no such rigs in my house; she said, "If they go away, I will go too;" and she has left me ever since; her son has knocked me about the head several times, and every time he meets me he knocks me about; her daughter has set a mob of persons at me, and called me all the names she could; this woman has annoyed me every time I have been outside my door, and has been to everybody that I have any dealings with, so that I should not get any employment. Witness. It is quite false what the
prisoner says—I have a boy twenty-five years old; it is not true that he will not work—he has worked for the prisoner at bricklaying, and has only got 6d., 1s., or 18d. a week all last winter—my daughter has not had men in the house and made disturbances—she is here—I can bring those forward who have lived twelve months in the house to say that no man has ever been in my house—the reason my husband turned me out of doors was, because my daughter, who was in place as a laundress, came home to wait on me when I was ill—she lived with me five months—he said to me, "You had better go out of doors while all is well, or else it is certain death for you; I have got other arms besides them, I have got two loaded pistols."
Prisoner. On the Saturday when this happened I had not much to do, and I went about the fields shooting birds, to pass an hour or two; I passed by her door, and she was at the door; she called me all the rogues and vagabonds she could; she had got a large stump brush in her hand, and tried to knock me with it several times; I fired off the pistol at the brush to frighten her, so that she should not knock me with it. Witness. It is quite false—I had a brush sweeping the door, but I did not strike him with it—I did not blackguard him at all.
MARIA BRADLEY . I am a single woman, and live at No. 5, Richard-street East, Poplar. On Saturday, 22nd July, I was in conversation with the prosecutrix at her own door—I saw the prisoner coming from his own house—he had a pint pot and a pistol—I saw him take the pistol from his waistcoat pocket with one hand, and put it into the other—he called Mrs. Banbury an old b—and an old w——she had not said anything to him before he called her those names—she had a broom in her hand—she did not attempt to strike him with it—besides calling her those names, he asked her what she wanted with him; she said, "Nothing, but go away and mind your own business"—he then fired the pistol and shot her, and she fell—I saw him cock the pistol; the hammer was down on the cock, and he lifted it up—I saw the prosecutrix bleeding in the mouth and in the arm—I did not see the prisoner come out of his own house—he was on the opposite side of the way when I first saw him, a few yards from me—nothing passed between the prosecutrix and prisoner but what I have stated.
Prisoner. Q. Were you not coming out of your house when I went into my house? A. No, I was not—I saw you cock the pistol—you had the pistol in your left hand—the prosecutrix did not hold up the broom and knock you—you had the pint pot in the same hand as the pistol.
RONALD ROBERTSON . I am a surgeon, of Montague-place, Poplar. I was called in to attend the prosecutrix on Saturday, 22nd July, about 4 or 5 o'clock—she was lying on the bed, bleeding from a wound in the left arm, close to the elbow joint—it was a circular wound, about an inch in depth, and about half an inch in diameter—I think it was principally the wadding that had penetrated—she was likewise bleeding from the mouth; there was a small wound on the left cheek from a single shot—I extracted two small pellets—I do not think there are any shots remaining in the cheek—there are a great many remaining in the arm—both the wounds were calculated to endanger life.
JOSEPH TUCK (policeman, K 339). I took the prisoner into custody on Saturday, 22nd July—I told him that he had shot his wife, and I should have to take him to the station—he replied that his wife's son was always ill-using him—he said nothing else—I produce a pistol—I found him concealed behind the bed curtains, with the pistol in his right hand, pointed towards me; it was loaded with powder and shot, and a cap was on it, but
it was not on the cock; the hammer was down on the cock—I examined a door near where this occurrence took place, and I found several shot in the door—I produce several shots which the inspector took from the pistol in my presence, when he unloaded it.
MR. ROBERTSON re-examined. I have one of the shots that I extracted from the prosecutrix—it is of the same size as these.
Prisoner. I have nothing more to say than I have said.
GUILTY on 2nd Count. Aged 33.—Recommended to mercy by the Jury, on the supposition that he may have received provocation from hit wife's family.— Transported for Twenty Years.
PLEADED GUILTY . Aged 43.— Confined Six Months.
MR. PAYNE conducted the Prosecution.
HENRY GOODING . I live at No. 33, Euston-square. I am foreman to Mr. Holland, a builder—on the morning of 18th July, about twenty minutes past 3 o'clock, I was awoke—I was sleeping in the back parlour, on the ground floor—I heard footsteps softly on the carpet in the front parlour—I awoke up, apparently without any noise, but there must have been considerable noise from the force that was used to the conservatory door, as well as to the kitchen door—I suppose it was the noise that awoke me—I raised my head from my pillow to ascertain whether it was a sound or not, and while it was so raised, I distinctly heard the shutter bar move, that is, the shutter to the conservatory window which opens into the garden, the door of which had been forced before—I jumped out of bed, opened the folding doors, and saw two men at the window, attempting to open the shutter bar of the window leading to the conservatory—there was no window open at that time—as soon as the men saw me, I inquired of them their business there—they made no reply, but rushed to the front window, threw the sash up, and leaped on to the kerb of the area, and over the iron railings—I ran to the window, and shouted "Police"—there were persons coming down the New-road who saw them leap over the wall, and in a few moments I saw the officer running down the New-road after them—they had got in at the front parlour window—it was not fastened that night—it was shut down at the time they came in—it had been left open in the early part of the night, and an officer rang the street door bell at 1 o'clock, and told me it was open; I then shut it down—I had left it open because it was a very hot night, and I did not deem it necessary in such an exposed place to shut up the house—I did not think thieves would attempt to enter the house—I closed the window down when the policeman told me at 1 o'clock, and it was down when I was awoke at twenty minutes past 3 o'clock—it is very easy to lift the sash up—they could not have got in in any other way—I saw the men, but in the momentary excitement, and being so early, I could not swear to them—it was light—I have no moral doubt that the prisoners are the men, still I would not swear to them—I believe they are the men from what I saw of them—Mr. Abrahams, the surveyor, is the owner of the house, but I am the landlord of it, and live in it—it is in the parish of St. Pancras—it is at the corner of the New-road and Euston-square.
Cross-examined by MR. SLEIGH (for Owers). Q. When you heard this
noise of course you were very much alarmed, and jumped out of bed immediately? A. Yes—after I opened the doors and saw the men they got away as quickly as they possibly could.
COURT. Q. Had the men caps or hats on? A. Hats; they had their faces to the window when I spoke to them; that was from me—on seeing me, they rushed to the window immediately; they had their side faces to me then.
WILLIAM TRUSSELL . I work for Mr. Woolley, who is agent for the Great Northern Railway, and horses their vans for them—I have to get up early in the morning. On the morning of 18th July, I was up at 2 o'clock; at half past 3 o'clock I was going along the New-road, and saw four persons get out of the window of a house at the corner of Gower-place and New-road, Euston-square—they ran to the window, and jumped out two at a time—two of them jumped over the wall at the side of the house—I did not see what the other two did; I only saw one get over the wall in front of the house—they all had hats on—the one that jumped over the wall in front, took off his hat, and turned the Square, crossed the road, and came round into the New-road—I saw the prosecutor in his shirt at the window, and he pointed and called to the policeman, "There is one"—that was the one who took his hat off, and as he went to run, he dropped it; he ran towards Seymour-street—a policeman ran after him, springing his rattle, and calling, "Stop thief!"—the prisoners are two of the men that got out of the window—I noticed one more than the other; Smith had a rough coat on—I had three horses with me; I was riding one, and leading two—I did not wait to see whether the men were taken, but went on to the railway—I did not see their faces particularly; I speak to them by their clothes, and by their height.
COURT. Q. How soon were they caught? A. I did not see them caught—I saw them afterwards at the station, at Bow-street, the same morning—the men I then saw were dressed in the same way, and about the same height, as the two persons I saw come out of the window.
Cross-examined by MR. SLEIGH. Q. How far were you from the persons you suppose to be the prisoners? A. I cannot tell exactly; it was further than the length of this Court—I was in the middle of the road—they were at the corner of Euston-square, towards Tottenham-court-road, and I was towards King's-cross—they did not run at all—the other one ran towards Kings-cross, and these men followed the policeman that was running after the other man—when I was near half way down the Square, a woman asked me what was the matter, and I told her, and pointed out these two men to her—I saw these two men get out of the window, and jump over the wall; they then stood at the corner, and the third one pulled his hat off, turned round the Square, and ran towards King's-cross; he then came back again, on the opposite side, so that he thought the policeman could not know him again.
HENRY GOODING (re-examined). My house is a corner house; it is at the corner of the Tottenham-court-road end of Euston-square; the front of the house faces the New-road—it is at the south side of the Square—"Euston-place" is written on the house, because Euston-place runs at the side, but my house is numbered as in the Square—it is about 100 yards from the gate that leads into Gordon-square—there is a garden in front of the house, with trees and flowers in it, between the front of the house and the road.
persons before, except Smith—I had never seen the other man before—Smith I have seen—I was not near enough to see their faces.
Cross-examined by MR. GIFFARD. Q. What was the first thing you saw? A. I heard a cry of "Murder!" and turned my head, and saw four men jump out of the window into the garden—I did not see all four come out of the garden, only three—I was nearly twice the length of this Court from the garden, when I saw them jump into the garden—I went straight on with my horses; I did not stop—I let my horses go on, and turned my head, and never lost sight of them, till I showed them to the woman—one of my horses was startled by the springing of the rattle, but I held them tight, and kept going on—the policeman was springing his rattle at the time I spoke to the woman—I was about half way down the Square them, going straight on to King's-cross—it was about twenty minutes to 4 o'clock when I got to the station—I had seen Smith somewhere before, I cannot say where—I did not know him by name, only by sight—the woman was coming from King's-cross—she could not have seen what I saw at the house.
MR. PAYNE. Q. You know St. Pancras Church, I suppose? A. Yes; I was coming from Tottenham-court-road, riding to King's-cross, between the Green Squares—I had got about half a dozen yards past the prosecutor's house, when I saw this—the two men took off their hats, and shammed drunk, and came to the policeman, and asked him what was the matter—I am quite sure those were the two persons that had come out of the window—I pointed out those two persons to Eliza Palmer.
ELIZA PALMER . I live at No. 9, Tunbridge-terrace, St. Andrew's-road, New Kent-road. I was in the New-road on the morning when this happened, and saw the boy, Trussell, riding on one horse and leading two—he spoke to me—I was coming from King's-cross—I saw him on the opposite side to Seymour-street, in the New-road—I was on the left hand side, very near St. Pancras Church—in consequence of what the boy said to me, I looked at two persons—the prisoners are those persons—they were both together at the time the boy spoke to me, and turning from the corner on the left nearest to Paddington—they were speaking together, not far from a lamp post—I saw Smith throw something over the railings into the enclosure; what it was I do not know—I spoke to a policeman—they separated; Smith went across on the left hand side, and the other on the right—I saw them taken into custody—the persons I saw taken into custody were the same two persons that the boy had pointed out to me.
Cross-examined by MR. GIFFARD. Q. Whereabouts was it that you saw one of them throw something over the railings? A. Just past Gower-street, about a yard from the lamp post—I did not see where it went to; it went into the enclosure—I saw nothing of the garden or the house—I cannot say rightly what distance I was from them at that time; it most have been half way down the square—I had passed the church when the boy spoke to me—I was not by the church when I saw something thrown—at the time the policeman sprang his rattle I was by the church, when he was running after the man without a hat, I did not see either of the prisoners running—before the thing was thrown they were both together, and after that they separated and walked one on one side, and one on the other, towards the policeman—I did not see them again until I went to Bow-street—they were then in the Court as prisoners.
Cross-examined by MR. SLEIGH. Q. When you say you saw them throw something into the enclosure, do you mean the enclosure in the square? A. Yes—I have stated before to-day, that Smith did that.
COURT. Q. How did you know who the boy meant? what was it that he said to you? A. He said they were housebreaking, and there were four—he saw two get over the wall—I turned, and he said, "There are two;" and those are the two—there was nobody else in the road at that time but these two, and I saw them taken.
JOHN STEVENS (policeman, E 149). I was on duty in Euston-place, between three and four o'clock in the morning on 18th July, and saw a person get over the wall of Mr. Gooding's house, No. 33, Euston-square; I pursued him—he walked as far as the corner, which was not above three or four steps—he just turned the corner, and immediately crossed over the road and ran right up Euston-square, up the New-road, in the centre of the Square—I followed him right round to Seymour-street, and there I lost all trace of him—he dropped his hat immediately he began running—as I was passing by in pursuit of him I saw the prisoner Owers at the corner of the house, No. 33—when I got back again to the spot, I saw 121 S, standing at the corner; he told me something; I walked up the square, and met 78 S, coming down with the two prisoners in custody.
HENRY GOODWIN (policeman, S 78). Between 3 and 4 o'clock in the morning of 18th July, I was on duty in the New-road—I heard a rattle spring, and ran up the New-road—when I got to the corner of Seymour-street, Euston-square, I saw Eliza Palmer—the two prisoners were then coming down in a direction towards me—she said, "Those two men have thrown something over into the enclosure"—I said to them, "I must detain you two men from what this woman has said"—they said, "Very well"—Owers said they had been running down the road, hearing the rattle—he was rubbing his knee—he had some white on his coat, and also appeared to have some mortar on his boot—he pulled up his trowsers, and was rubbing his leg, and said he had had a fall—I said to him, "You are all over white"—he said, "Yes," and I brushed some of the white off his coat, not knowing what had happened at the time—I called a constable's attention to see what it was that they had thrown over the enclosure—I saw him take his staff from his pocket, put it through the railings, and lift up a hat that was inside—he brought it over, and gave it up to me—as we were going towards the prosecutor's house one of the prisoners, I believe it was Owers, said, "That is where we have thrown the hat," pointing to the enclosure.
Cross-examined by MR. GIFFARD. Q. Did you see the two men at the same time you saw Eliza Palmer? A. Yes; they were together at that time, nearly as close together as they are now.
JOSIAH PITMAN . I am a professor of music, in New Ormond-street. I was coming down the New-road with a friend, between 3 and 4 o'clock in the morning of 18th July, from Tottenham-court-road, towards Euston-square—about midway between George-street and Euston-square we heard cries for help and police, and as we hastened on towards the house, I saw a nightcap protruding from the window, and a gentleman in his shirt was calling for help—at that moment I saw the two prisoners standing in the road by the corner; I did not see them jump from the wall—I saw some one jump from the wall, and after he had jumped from the wall he spoke to them, as he passed one of them, and immediately ran—those are the two persons.
Cross-examined by MR. GIFFARD. Q. You had never seen either of them before? A. Certainly not.
some footmarks—I found this carpet bag, this iron crowbar, and this bit of wood was in the area—it had been split off from the door—I took the prisoner's shoes from their feet after they were in custody, and found that Smith's shoes corresponded with the footmarks in the garden—I made an impression by the side of the mark, and likewise tried it afterwards in the mark—the two impressions exactly agreed.
Cross-examined by MR. GIFFARD. Q. How many footmarks were there in the garden? A. Two, one by the side of the other—I did not see any others—this was on the soft earth, on the bed—they were deep impressions—the prisoners had their shoes again—they were not nailed shoes.
Cross-examined by MR. SLEIGH. Q. You only saw one set of footmarks? A. That is all.
COURT. Q. Was the other ground hard? A. Yes—the place is about eighteen inches wide before you come to the wall.
(Woodford Henry Pugh, chemist and druggist, No. 101, Borough-road; William Powis, carpenter, No. 93, Drury-lane; and James Storey, bootmaker, No. 106, Waterloo-road, deposed to Owers' good character.)
OWERS— GUILTY . Aged 21.
SMITH— GUILTY . Aged 22.
Four Years Penal Servitude.
NEW COURT.—Wednesday, August 16th, 1854.
PRESENT—MR. BARON MARTIN; Mr. Ald. KENNEDY; and Mr. Ald. ROSE.
Before Mr. Baron Martin and the Sixth Jury.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY Aged 16.— Confined One Month.
PLEADED GUILTY . Aged 21.— Confined One Month.
EDWARD EDWARDS . I am a shoemaker; I live in Blue-anchor-yard, Westminster. I know the prisoner—I used to live in the same house with him—on Sunday, 16th July, I was in a beershop, in Tothill-street, about a quarter past 10 o'clock—I had a young woman with me—the prisoner came into the place where I was—he had seven or eight men with him—he came and asked me if I wanted to fight—I told him I did not want to fight him—he said he would make me fight, and with that he laid hold of me, and pulled me up, and he tried to throw me down—he threw me down, and the men said, "Cut his throat"—I struggled with him, and he cut me over the right eye with a knife—I felt the knife go across my right eye while I was on the ground—I did not see the knife—the first thing was feeling it go across my eye—I got on my feet, and got out of the house as quick as I could—some men called out, "Cut his throat," and he tried to cut my throat—I prevented
it as well as I could with my arm—it was after that my eye was cut—I ran away up Tothill-street, and he ran after me—I was bleeding—he ran to the top of Tothill-street after me, about fifty yards—I went home, and gave information to the police—I went afterwards to the hospital.
Cross-examined by MR. O'BRIEN. Q. Had you no fight with the prisoner at all? A. No; there was only a young woman in the public house with me; no one else—there was no friend of mine came in during this struggle and injury inflicted on me—I had no talk about fighting the prisoner—he came and wanted to fight me—I told him I did not want to fight—I did not offer to fight him for 5s.; I am sure of that—I do not know a person who goes by the name of John Chandler—he was not my second that night—no one acted as second to me in the fight—I found myself cut, and I was on the ground—that was the first I knew about a knife—I found myself cut over the eye—the place was not dark—there was a gas light—I was not standing up; I was thrown by the prisoner and another—there were seven or eight men came in with him—some one besides the prisoner threw me down.
SELINA MEADON . I was in company with Edward Edwards that night at the beershop—I saw the prisoner, and some more men with him—they came into the beershop—the prisoner asked Edwards to fight—Edwards said he did not want to fight—I did not see anything in the prisoner's hand at the time—I afterwards saw a knife in his hand in the passage—it was a short table knife—the prisoner said he would make Edwards fight him, and he pulled him towards the door and threw him down, and I saw him stab him across the right eye—Edwards scrambled up, and ran out of the house—the prisoner ran up Tothill-street after Edwards.
Cross-examined. Q. How long had you been in that beershop? A. We had not been there above half an hour; I saw the knife in the prisoner's hand in the passage—I did not cry out when I saw the knife in his hand—I did not halloo out—when Edwards came outside the house he ran away, but when I saw him I told him I saw a knife in the prisoner's hand—I saw Edwards after he came out of the hospital—I saw him with a patch on his eye—I went to his house, and told him I saw a knife—there was only his brother in law there—I did not see any blow struck at all—I was sitting on a seat in the beershop when the prisoner came in—he pulled Edwards up off the seat—that was as far from the passage as I am from my Lord—they were both down, and Edwards was struggling to get up—I did not see the landlord, nor any waiter—they brought the beer in, but did not stay—there was a light in the passage.
JAMES COULSON . I live in Blue Anchor-yard—Edwards lives in the same house—I recollect that Sunday night—I saw the prisoner at my place about half-past 10 o'clock, as near as I can guess—he had a small knife in his hand, not a clasp knife, an open one, like a bread and cheese knife—he called out for Edwards—I asked him what he wanted—he said he wanted him to come and have a game at coddem—that is a game that is played at a public house, but not on a Sunday night though—he also said he had given him a darn, and he said he would give him another—I suppose he meant a cut—I do not know what he meant—he challenged me down—I suppose the reason was because I am Edwards's brother-in-law—he challenged me to fight—there were seven or eight men with him—he went away, and about five minutes afterwards Edwards came home, covered with blood—I went to the hospital with him, after he went to the police station.
Cross-examined. Q. Do you know where the prisoner's father lives?
A. He did live in Edwards's father's house—I do not know where he lives now—I have seen him since, when the prisoner was taken into custody—I had conversation with the prisoner's father down at my place—I did not go after him.
HENRY ROLLASON . I am a surgeon, at the hospital. The prosecutor came to the hospital on Sunday night, and had his wound dressed—I did not see him till the Tuesday, when he was brought to me by the policeman—he had a small wound over the right eye—I dressed it, and it healed—it was about a quarter of an inch in length—it was such a wound as might be done with a knife.
Cross-examined. Q. It was very slight, and nearly healed, when you saw it? A. Yes, it was a cut, not a stab—it appeared to me to have been done by some sharp instrument.
COURT to JAMES COULSON. Q. Do you know this beershop? A. Yes—I should say it is about 100 or 150 yards from my house.
GUILTY . Aged. 18.— Eight Years Penal Servitude.
PLEADED GUILTY .— Confined Eighteen Months, without hard labour.
(The prisoner received a good character.)
NOT GUILTY .
MESSRS. BALLANTINE and W. J.PAYNE conducted the Prosecution.
ALEXANDER MASSEY . I believe this is the summons I received (looking at it)—I attended in pursuance of it at the Thames Police-court, Stepney—(this was a summons obtained by Henry Swainson to appear and answer the charge of unlawfully persuading James Smith to desert from Her Majesty's service)—I heard the prisoner examined on that occasion—he was sworn.
GEORGE HETNER . I am a reporter for the public press. I was at the Thames Police-court when the charge was entered into against Mr. Massey—I took a note of the evidence given by the prisoner—I took a note of the proceedings; I can pledge myself to its accuracy—read: "July 27, 1854. James Smith. I am a seaman, in the naval service of Her Majesty, and belong to the ship The Duke of Wellington, in the Baltic—I entered the Royal Navy in Bristol, about eleven months ago—I brought home a prize brig from the Baltic; I and another seaman brought her home—we brought her to the East India Docks—I was to go on board the Crocodile, off the Tower, to be victualled—I had no orders to go there—I arrived at the East India Docks at half past 3 o'clock in the afternoon—it was four weeks ago last Sunday—next day I and the other seaman, the same who came home with the prize from the Baltic, came on shore, and we were passing Massey's house, in Upper East Smithfield, when a man called me to go into the shop—I saw the defendant, who said, 'Where the h—have you been to all this time?"—I said, 'In Her Majesty's navy'—he said, 'Do you want the sight of an American ship?'—I made no reply—he said, 'I will ship you into the Victoria'—I made no objection, and I was sent to the American consul and shipped as James Ryan.—Mr. Swainson. How came you to alter your name?—Smith. Mr. Massey told me to alter my name; he also told me to go into the parlour and change my man-of-war clothes—he gave me other clothes—I went to the American consul, and signed the ship's articles of the Victoria,
and when I returned he gave me half-a-crown—we were to go away at 4 o'clock in the morning—I went on board with Kelly, Massey's servant, but I did not join the ship when she was going away the next morning—I went afterwards to Massey's shop, and Kelly said, 'You have done a fine b—y job; you have missed the ship'—I was afterwards shipped on board another American ship, the Princess Corby, and Massey gave me an advance note, and he said I was to take half out in clothes and half in money—I went down to Gravesend in the Princess Corby—before that I had a conversation with Kelly, and I asked him for my man-of-war clothes, and he said they were on board the ship—when I reached Gravesend I wanted to leave the ship, and the chief mate said, 'If you offer to leave the ship I'll kick your G—d—d head off'—at Cardiff I left the ship and was stopped by a police constable, and I said, 'I wish to give myself up as a deserter'—the quarter-master came and took me out of the ship.—Mr. Swainson. Are you quite sure you told Mr. Massey you belonged to Her Majesty's service?—Smith. I told Mr. Massey I belonged to Her Majesty's service and to the Duke of Wellington, in the Baltic—he said I was not to tell any one, as he was fined 25l. a fortnight before for doing so.—Mr. Yardley. For doing what?—Smith. For shipping a man from Her Majesty's service, I suppose.—Mr. Yardley. How much wages per month were you to receive in the American ship?—Smith. Why, 3l. 10s. per month.—Cross-examined by Mr. Ballantine. I know that if I go back to Her Majesty's service I shall be tried by a court martial—I do not know what sentence will be passed—they may inflict a flogging; I cannot answer for that—I do not think it will be so in my case—I really do not expect to get a flogging—I was drunk, Sir, when I had the conversation with Kelly; I was drunk nearly all that week—I got sober when I got into the other ship—I am not a deserter until I am twenty-one days away from Her Majesty's service—I wanted to give myself up before the ship left the docks—I was born in Dublin, and bred in England—Mr. Ballantine, Then you are an Irishman?—Smith. I was brought up in London; I am not an Irishman, I am half-and-half—I have sailed in American ships—I took the name of Ryal when I entered the Princess Corby—Massey persuaded me to call myself Ryan or Ryal, I do not know which it was—it was on a Monday, I think, when I went into Massey's shop first—I came into the East India Dock at half-past 3 o'clock—I left her at 11 o'clock at night of the 26th, I believe—I have shipped in the Typhoon, an American ship before—I was in the Great Western and other American going ships—Mr. Massey once shipped me in the Typhoon.—By Mr. Yardley. I was drunk when I changed my clothes at Massey's—I was drunk at the time—I was not sober when he told me not to say anything of the Duke of Wellington, as he was fined 25l. before—I signed articles the second time—I had been to Masuey's between the first and the second time of signing articles—Kelly was in the shop too—it was Kelly who called me into the shop the first time—three other seamen went into Massey's shop with me one day—I was not sober then—I had 9l. 14s. when I left my brig in the East India Docks—when I was on board the Princess Corby in the dock, Mr. Massey came on board in a barge, and settled with the men—my name and number on the ship's books of the Duke of Wellington is 125—"James Smith" was on my man-of-war clothes—I wore a serge shirt and blue trowsers—I left a pair of new blue trowsers at Massey's—I lost my hut on board the Duke of Wellington one night, reefing topsails—a man named Spiers, a shipmate, was with me when I went into Massey's shop the first time—Massey said he would not ship him because he was a
black man—I am in the official muster book of the Duke of Wellington."—Mr. Yardley asked if that was all the evidence, and he dismissed the case.
Cross-examined by MR. CLARKSON. Q. Did he not say he would not act on the evidence of a drunken man? A. Yes; he said he made it a rule not to do so.
ALEXANDER MASSEY . re-examined by MR. BALLANTINE. Q. What is your business? A. A shipping agent—I have carried on that business seven years in the same place—in the course of my business I ship in the American service only—I am not allowed to ship for English ships—I have known the prisoner five or six years—he had been in the habit of coming to my shop—he had been shipped several times in American ships in my house—I did not see him on 26th June—it is above twelve months ago since I saw Him—I think the last time was in Oct., 1852, when he shipped in the Typhoon—I did see him on board the Spencer Kirby—I was then on board the Spencer Kirby, I had just got over the rail—he spoke to me, and asked where his 10s. was—I knew his face—he saw me pay two other men, who presented their notes to me, and I gave them their money for them, and he said, "Where is my 10s.?"—I said, "Where is your note?"—he said, "I have not got any"—I said, "Then there is nothing coming to you"—with the exception of that interview I had not seen the prisoner at all from the Oct. when I shipped him on board the Typhoon—I have heard the evidence read by the short-hand writer—it is true, with some omissions—I have heard the evidence in which the prisoner attributes to me my having sent a person out to call him into the shop—that is false—I did not see him in my shop at all on that occasion—I did not induce him to take off his clothes—he did not tell me he belonged to a man-of-war—I did not persuade him to leave the man-of-war—the whole of that statement is false.
Cross-examined. Q. Have you any notion where you were when he was either called in or went into your shop? A. I do not know what time he came to my shop—I had servants—about half-past 9 o'clock, on Monday morning, 26th June, I went up to Mr. Gumm's—he is a shipbroker, and lives opposite the Royal Exchange, in Cornhill—I myself do not attend to the sailors—if I were to ship a sailor on board an English bottom, without a license, I believe I should be liable to a penalty—I have been a shipping agent seven years—I know what would be the consequence of persuading a seaman to quit the Queen's service and go in another service, either foreign or English.
Q. When was Kelly convicted of persuading a man to quit the Queen's service? A. I think on 9th Dec.—he was fined 20l.—I paid it—there is not a parlour at the back of my shop, there is a small office—the parlour is up stairs.
Q. Do you know, or have you reason to believe, that on the day when the prisoner was induced to come, or did come to your shop, his clothes were changed? A. I have heard Kelly give evidence that they were changed in the office at the back of the shop—I was not present at any time when the prisoner asked for his clothes—whether he were drunk or sober I never saw him that day—I have three persons who attend my shop—I have no other witness but my three servants.
Q. This originated in the charge made by the Admiralty against you? A. Not by the Admiralty, that I know of—Mr. Swainson made the charge—I confine myself entirely to American vessels; I always have done so—I was not present before the Magistrate on the occasion when Kelly was called up—Kelly has been in my service about a year—I have never kept any
familiar company with the prisoner, certainly not—whatever I may have seen of him was in ship transactions—there was 3l. 10s. a month wages for the American vessel—half of that I took for clothes; the other part I paid in money—I paid it to the person that he said he owed the money to—I have brought my book to show—I never at any time, in the course of dealing with this man, heard that ho had come home as a prizeman—where I saw him was when I was going out of St. Katharine's Docks—he was then on board the Princess Corby, as he called it—it is very common indeed for a sailor to get drunk when he comes on shore—I never saw one remain drunk for a week or a fortnight together—we fit them out in that state—if a ship were going away to-day I could not fit them out to-morrow—I believe the prisoner knew one of my men, Hayes, well—I do not think he knew the other—I became acquainted with the prisoner by his coming to my place for ships—all the time I have been in business I have known his face.
MR. BALLANTINE. Q. You were not present when Kelly was convicted? A. No—that was for inducing a seaman to desert—I paid the penalty, and still keep him in my service—I am satisfied that he was convicted on false evidence, and he having a large family I kept him—I am still of the same opinion.
WILLIAM KELLY . I am in the employ of the last witness. I did not know the prisoner before 26th June—on that day he came into the shop of his own accord; I did not call him in—he was sober—Mr. Massey was not present at all during the time he was in the shop—to my knowledge Mr. Massey never saw him.
Cross-examined. Q. You remember the time when you were before the Magistrate for the same charge as Mr. Massey? A. Yes; on 9th Dec.—the summons was first taken out against Hayes, but the man would not swear to Hayes when he saw him—I went to ask him if I was the man in the court, and he said, "Yes"—if I had had a counsel to defend me I should have done well—I did not make a speech of two hours—I was convicted, and I was fined, but upon my oath I was innocent of it.
MR. BALLANTINE. Q. Do you pledge your oath that you were innocent on that occasion? A. Yes; on my solemn oath I never tried to persuade a man before or since.
COURT. Q. Did the prisoner apply to you for his clothes? A. No; never—he never said anything about his clothes.
EDWARD HAYES . I am in the employ of Mr. Massey. I am not positive whether I was present when the prisoner came to the shop on 26th June—I saw him from time to time at the shop—he was sober—I never learned from him that ho was on board a man-of-war—Mr. Massey never saw him to my knowledge.
Cross-examined. Q. What are you? A. I am foreman to Mr. Massey, in the shop, and in the tailoring department as well.
NOT GUILTY .
GEORGE SCOTT . I am a tailor; I have known the prisoner about ten months as George Augustus Moore, of the Second Life Guards—he came to me about 10th July for a suit of clothes—he gave me a cheque drawn by the Hon. Edward Moore—that was paid—on 18th July he called again, he said he had just returned from his grandfather, in the Isle of Wight; he said his grandfather was going to get his discharge, and he wished me to fit him out as a Turkish officer, in he was going to the Turkish army,
and he gave me a cheque for 10l.—he stated to me it was his grandfather's cheque, and indorsed by himself—he ordered an overcoat which he did not take away, but he got 5l. in cash upon this cheque—the cheque was presented by my porter, and it was returned.
Prisoner. Q. When you got the cheque from me, did you believe it to be a genuine one? A. Most undoubtedly I did—I swear I saw you write the indorsement on it—I understood you had been in the East India service before, and for some freak you had left it, and gone into the Life Guards; and I understood your grandfather was going to forgive your past follies, and reinstate you in society again—(cheque read: Messrs. Praed and Co., Fleet-street, please to pay to Lieutenant Lunndale, 10l.; and place the same to account of yours, Francis Moore.)
NOT GUILTY .
DAVID WOOLF . I am assistant to my father, Benjamin Woolf, he is a tailor in Regent-street. On 18th July, I saw the prisoner at our shop; he said he had just come from India, and landed at Brighton, and he had left his baggage on board; he required a clean shirt and collar, with which I supplied him—I asked him where they should be sent to—he gave the name of Sir John Hill, Bengal cavalry—he said he was staying at the Trafalgar Hotel, Spring-gardens—I asked him if he wanted anything else, thinking he was a good customer—he said he had left his dressing case and all his things on board the ship, and he should require a dressing case for the morning—he requested me to bring it—he gave orders for two coats, two or three waistcoats, a couple of pairs of trowsers, and various hosiery; I do not know exactly the amount of all of them—he then left, and said he wished the shirt and collar to be sent down to the hotel—he put on one waistcoat in the shop, and took it away with him—I took the shirt and the collar to the Trafalgar, and finding Sir John Hill lived there, I left them—the next morning I took down the dressing case to the Trafalgar, and the prisoner gave a further order for shirts and other things—I think it was eighteen shirts, two dozen pocket handkerchiefs, a dozen socks, and some minor things—he said we were not to have the cambric handkerchiefs marked, and as soon as the ship arrived, he would give me his crest, that we could have it embroidered on the handkerchiefs—I delivered some of those things.
Prisoner. Q. Can you positively swear that I said I came from Brighton? A. Yes, I can.
ANDREW MILLER . I am a corporal in the second Life Guards—I know the prisoner; he was in that regiment—he joined it on the 9th of August, 1853—he was absent on the evening of 17th July last, and he has been so ever since—I saw him regularly and daily in the course of my duty—he went by the name of George Augustus Moore in the regiment.
Prisoner. Q. What character had I? A. A very good one—you had leave of absence for three days previous to your leaving.
WILLIAM PEACOCK (policeman, A 123). I apprehended the prisoner on 27th July, at the Trafalgar Hotel—I found on him a cheque for 20l., a cigar case, and some of the things of which Mr. Woolf speaks; two waist-coats, one pair of socks, one shirt, and two handkerchiefs.
Prisoner. Q. Did you not find a dressing case? A. Yes; it was requested by the Magistrate to be given up to Mr. Woolf—I did not find a dress coat—everything that you got from Mr. Woolf was not found at the Trafalgar; I could not find a great many articles.
Prisoner's Defence. I was in the East India Company's Army some years; I came home in consequence of some misunderstanding, and obtained a situation in the Life Guards, till I got a commission in the Turkish army; I took the name of Sir John Hill, which was wrong, but with no intention of swindling in so doing; Mr. Woolf has got all his things back, unless some were detained by the persons in the hotel.
GUILTY . Aged 24— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
ALFRED SIMTH . I am vestry clerk of the parish of St. Bride's, in the City of London—I know the defendant; he is a housekeeper in that parish—I have known him living there twenty years or more—I have a copy of the appointment of this gentleman to serve the office of overseer—this is a copy of the appointment by Sir James Duke (read—"I, Sir James Duke, being one of the Aldermen of the City of London, do hereby nominate and appoint John Brown, Thomas Glanville, and George Frederick Cruchley, to be overseers of the parish of St. Bride's")—our parish is in the ward of Farringdon, of which Sir James Duke is Alderman—there is a book kept of the name of every man as he enters the parish—it has come in the order of rotation, to the turn of this gentleman, to serve that office—he has never served that office—after this appointment was made, the other two overseers and myself waited on Mr. Cruchley—I took with me the banker's book, belonging to this parish, and the check book, and the notice of the parliamentary election, which it was necessary for the overseer to sign—Mr. Cruchley said he could not attend to the duties, that he had a great deal to do, and that public business excited him—the other two gentlemen said that if he would take the office on himself with them, they would take all the laborious duties of it, and that he hardly need to come out of his counting house, if he would merely take the office on himself for the sake of public example—he absolutely refused to take it—he said he could not do it, and he did not do it, and the notice was published with only two overseers' names—I had made the report of this to the vestry in April; the appointment was at Easter—the notice was a public printed notice—the vestry directed this course to be adopted; they determined that the defendant should be compelled to do it—after this bill was preferred, I came to some understanding with him—Mr. Cruchley came to my office at half past 10 o'clock one morning—I was engaged with two gentlemen; I left them, and went and spoke to him—he said he wished to settle—I told him I was engaged, and to come at 11 o'clock—he came at 11 o'clock, and we came to an arrangement—he was to pay the usual fine to the parish of 10l., and the costs, 21l. 10s.—he left my office at half past 11 o'clock, and came again at 1 o'clock, and laid on the table four small parcels in paper—he said, "You will find 20l. there—I opened three of them,
they were each 5l., the fourth was only 4l. 10s.; he made it up in silver—he said, "Give me a receipt," and I did—he did not draw for the balance; he said he did not like to be drawn on for a small amount; he gave me an I O U, and said he would pay next week—immediately he left me, I came to consult Mr. Bodkin, and he advised that it wag proper for the defendant to come here and plead guilty.
Cross-examined by MR. BALLANTINE. Q. You did not consult Mr. Bodkin till you had got the 31l. 10s.? A. I did not get the 31l. 10s., I got 20l.—the fine goes in diminution of the poor rate—the 20l. is in my pocket—I asked him for the fine two or three times—I said when I went to him, "If you will say that you will serve or fine next year, I will abstain from serving you with the appointment"—I decidedly mean to say that I spoke to him about his being fined—I offered to take a fine from him at the same interview when I served him with the appointment—I repeatedly gave him notice of my intention to prefer an indictment—he was elected on Friday, 7th April, and on the 8th I sent him a letter: "Sir,—I beg to state that you have been appointed to serve the office of overseer, with two others. You are requested to attend on Monday morning; the 10th, to take the office." The other two came, and they went with me to Mr. Cruchley's, and said, "Will you take on yourself the office?"—he said, "What will be the consequence if I do not?"—I said, "You will be liable to a fine"—I repeatedly gave him notice of my intention to indict him.
Q. Did you give him any formal notice of your intention to indict him? A. Certainly not—I did not summon him to attend before a Magistrate to answer the charge for refusing to serve the office—I did not go to the London Sessions, because I inquired at the office of the Clerk of the Peace, and was told it was customary to come here—I went to inquire, and was told it was the same thing whether it was here or at the London Sessions.
GUILTY .— To pay the 10l. fine and the taxed costs.
MR. BALLANTINE conducted the Prosecution.
LOUIS SILBERBERG . I am a cigar merchant, and live at No. 194, Fleet-street. The prisoner was my shopman—in consequence of missing something when I took stock on 1st July, I said to the prisoner, "There are 13 lbs. of Martina Regalias missing"—I asked whether he had sold them; he said, "No"—I said they were stolen—they were not the cigars which are now charged—the prisoner's brother was taken into custody, and in consequence of what transpired then, the prisoner's boxes were searched in my presence, and twenty-nine cigars were found, and a case full—they were foreign cigars, not English—these are them—they were wrapped up in my papers, and of course they are mine—they are the same character of cigars—the prisoner was not present when they were found; he was in custody—I was sent for by the inspector on the following Monday, and I went.
EDWARD HARDING (City police-sergeant). The prisoner was in custody in Fleet-street station—he sent for me, and said he wished to see his master—I told him any message he wished to have conveyed to him should be conveyed—he said, "I should like to see him personally"—on that I sent for Mr. Silberberg, and he came—I told the prisoner whatever he said to him must he said in my presence.
MR. ROBINSON. Q. Have you given us all that you said to him?
A. Yes, all that took place previous to Mr. Silberberg coming—I asked him no question, nor made him any promise whatever, not the slightest.
MR. BALLANTINE. Q. What did he say to Mr. Silberberg? He said, "I own to taking these two bundles of cigars," meaning the two bundles now produced, "besides two bundles of Queens; these are all that I have taken"—he then said, "I hope you will forgive me," or "look over it," or words to similar effect, I won't be sure as to the words; "it was brought on through my father's drunkenness"—he said his father had been in business for himself and in consequence of his drunken habits he was the means of breaking up a good home—these are the two bundles that were found in his box.
Cross-examined. Q. Had you told him then that his brother was in custody? A. No; he knew it—I believe it was on Sunday that I saw him in the cell—he was before the Magistrate on the Monday—his brother had been previously apprehended and examined, and it was on what was found on his brother that he himself was apprehended—I am generally placed at the station—I have not ceased to act as an inspector in consequence of some complaint—there was no complaint against me—I swear that I have never been put back at all—there has never been the slightest complaint against me—I am on the eve of promotion now.
MR. ROBINSON to MR. SILBERBERG. Q. You heard the statement made by the prisoner; were any of these cigars then present? A. No, they were not; I did not tell him his brother was in custody; he knew it—there was another boy in my service, who was given into custody—I have been five years in Fleet-street—I have only given one person into custody during that time, and he was discharged—I have never charged the billiard marker next door with any robbery—I recognize these cigars as mine—I do not give my people cigars on Saturday night—I allow them to smoke in the shop, but I do not allow them to take the best Havanna cigars—these are the best foreign cigars—they may take cigars themselves, and smoke, but I would not allow them to smoke the best—they may not take them into their bedroom.
JURY. Q. Was the prisoner's box locked? A. Yes, with Chubb's patent lock.
(The prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy by the Jury.— Confined Six Months.
NOT GUILTY .
926. SAMUEL BLYTHE , stealing 1 dressing case, and other goods, value 31l. 18s.; the goods of Louisa Vald: 1 coat, and other goods, 4l.; the goods of Wilmot Lane: 6 shirts, 30s.; the goods of Edward Dix Pilman: and 1 coat, and other goods, 3l. 11s.; the goods of Stephen Winkworth Silver, and others.
HENRY LEE . I am carman to Stephen Winkworth Silver and Co., No. 66, Cornhill; they are clothiers. I had a dressing case on the 2nd Aug.—I got it from Mr. Lane, No. 2, Hyde-park-place—I was to bring it to our ware-house—I put it into my cart, about half past 6 o'clock in the evening—I had a few more places to go to, and I brought the cart to No. 57, London-well
—I put the cart up there—about half past 8 o'clock, the next morning, I missed from it this dressing case, and three parcels and a horse rag—I know the prisoner—he was employed in that yard at London-wall as a stable man—this is the dressing case.
HANNAH CHICKLEY . I am the wife of Frederick Chickley; I live at No. 16, Collingwood-street, Bethnal-green. I know the prisoner—he came to my house on 3rd Aug., at half past 6 o'clock in the morning—he brought with him a bundle, containing a coat, some waistcoats, some shirts, and some trowsers; and he brought something tied up in a paper, which was this dressing case—he put them on a chair behind the door—he said he had had a few words with his master on the previous evening, and he had left him, and these were a few things he wished to leave there for a little while, and he said he would call again at 11 o'clock—he did not do so, and I left the things there till 2 o'clock—I then opened them, and fetched the policeman from Hackney-road, and gave the things to him—the prisoner came again about half past 4 o'clock—I asked him whether he had come for the things—he said he had—I said I had mot got them, I had given them to the policeman—I gave him the paper, with the policeman's name on—he tore it into three pieces, and said he would go to the policeman about them.
Prisoner. Q. Did I unpack the things? A. No, you did not.
HENRY FINNIS . I am a policeman—I took the prisoner on 5th Aug.—I told him he was charged on suspicion of stealing a dressing case—he said he had not—I told him I should take him into custody, in the name of Blythe—he said his name was not Blythe, it was Parnell—I took him to the station, and be gave the name of Samuel Blythe—I found on him the duplicate of a coat.
Prisoner's Defence. The goods were given to me; I did not know they were stolen; the party asked me to take care of them for a short time.
(The prisoner was further charged with having been before convicted.)
WILLIAM BLACKBURN (policeman, V 257). I produce a certificate of the prisoner's former conviction (This certified the conviction of Samuel Blythe at the Surrey Sessions, Newington, in Oct., 1853, of larceny, and that he was sentenced to six months imprisonment)—the prisoner is the person.
GUILTY. Aged 31.— Five Years Penal Servitude.
MR. THOMPOSON conducted the Prosecution.
THOMAS NICHOLSON (City policeman, 215). On 15th July I was on duty on Holborn-hill, between 12 and 1 o'clock in the night—my attention was called to a row, opposite the Black Bull public house on Holborn-hill—when I got there I found the prosecutor and his brother drunk and disorderly—I told them to move on, and not to make a disturbance there at that hour in the morning—I heard the prosecutor say he had lost his watch—I looked on the ground and saw the prisoner pick up the watch, and put it in his pocket—I put my hand in his pocket, and took the watch out—the prisoner said, "Don't rob me; that is my own property"—he took hold of my left hand and struck me, and five or six others of his companions seized hold of me
and assaulted me, and shoved me about—I was overpowered, and he took the watch from me and put it in his pocket again—he stepped aside, and I hallooed out for assistance—I could get no assistance—I seized hold of the prisoner the second time, and said he should come to the station—he said he had got no watch, and I could search him—I took him to the station, and he stated that he worked for Mr. Alderman Cubitt, and he was a carpenter by trade—I saw him put the watch in his pocket—it was a double bottom silver watch.
Cross-examined by MR. RIBTON. Q. There was a great crowd and confusion? A. There was a confusion—I did not know the prosecutor previous to this—he and his brother were drunk—I had occasion to tell them to move on—the prosecutor's brother was knocking a woman about—I think it was a new watch—I cannot say whether it was a hunting watch—I am sure it was silver—I was overpowered—I was quite sober.
MR. THOMPSON. Q. Was it a glass front? A. Yes.
FREDERICK BLANDFORD . I am a waiter; I live in Bowling-green-lane. On 15th July, between 12 and 1 o'clock, I was in Holborn—I was calling a cab—the cabman refused to take me, and said he was going home—some few persons came round us and I cried out, "I have lost my watch"—I had lost it—the crowd was touching me—I had my watch safe about two minutes before; it was a silver Geneva watch, and flat double bottomed—the policeman came up, and I saw he had hold of the prisoner—I did not see any-thing in the prisoner's hands.
GUILTY of stealing only. Aged 17.— Confined Six Months.
928. WILLIAM JOYNES , unlawfully obtaining 7 printed books, value 1l. 4s. 6d.; the goods of Charles Daley, by false pretences: and 20 other books, 3l. 10s.; the goods of George Routledge and others, by false pretences: to which he
PLEADED GUILTY . Aged 18.— Confined Three Months.
SAMUEL HILPS (City policeman, 498). On the night of 20th July I was on duty in Bow-churchyard—I heard a noise about 10 minutes past 12 o'clock—I called the attention of my brother officer to it; it was but a few steps from the passage into the churchyard—the passage is about twenty yards from the corner of Bow-lane—I told my brother officer to go and see if all was right, and I stationed myself at the corner of Bow-lane—I saw the prisoner run out from the passage down Bow-lane, through Watling-street, and into Queen-street—he was stopped in Queen-street—about two yards from him I picked up this life preserver—I took the prisoner into custody—he said, "Don't hurt me, I am ill"—I said, "This is a rum tool for a sick man to carry"—he said, "If you will believe me, I never saw it since 4 o'clock this afternoon"—I took him to the station, and left him there—I came back to the premises, No. 2, Bow-lane.; I saw the counting house of Mr. Clark and others—an iron bar had been removed from the inside of the window, and three squares of glass were broken, and one removed in the skylight over the counting house; I found a hammer, a dresser, and a chisel there; I took them to the station—the prisoner said, "I did not bring the hammer, nor yet the dresser"—I pressed the bar down with my hand.
Prisoner. I know nothing of the third.
back of Messrs. Clark and M'Caw's premises—I have the key of that gate when I am on duty there—in going down the passage, I heard a party jump from the gate into the passage, and run away—I heard the other officer run after him—I got on the top of the premises, and the first thing I found was this bar, lying on the top of the skylight—I then found this hammer, lying on the back window-sill, and this chisel and dresser on the ledge on the top of the skylight—I observed two squares of glass were broken, and one removed.
THOMAS STUNT (City policeman, 423). I was on duty in Queen-street that morning—I heard a cry of "Stop him!" and saw the prisoner run towards me—I stopped till he came to me, and then I caught him—when I took hold of him, he put his hand behind him, and threw something away, but I could not say what it was—he said he was very sick—I took him a few yards back, and Hilps came up—the prisoner then put his hand behind him again, and I saw this life preserver drop on the pavement; Hilpe picked it up, and told him it was a curious weapon for a sick man to carry—the prisoner said he had not seen the weapon since 4 o'clock that afternoon—I gave him up to the witness, and I went back on my beat—about half past 3 o'clock I picked up these four keys in a paper, in an area, where I first caught the prisoner.
Prisoner. Q. Where was it you stopped me? A. I suppose 100 yards from Well-court—you threw something away—I looked to see what it was, but I could not see anything then.
HENRY CLARK . I have two partners. I left my counting house on the night before this occurred at 10 minutes before 6 o'clock—there is a skylight over my counting house, and bars similar to this one here, all over the skylight—when I left, the skylight was safe, and the bars also—on the following morning one of the bars had been taken out, and two panes of glass broken—I have known the prisoner about four years; he has been in my employ as a casual porter.
Prisoner. Q. Have you any person on your premises who used such instruments as these? A. I believe not.
GUILTY . Aged 21.— Confined Twelve Months.
THIRD COURT.—Wednesday, August 16th, 1854.
PLEADED GUILTY .—Aged 64.— Confined Three Months.
WILLIAM GEORGE BUCKLAND . I live with my father, at Walworth—on the last Saturday in July I was at the bottom of the steps of London Bridge, and felt some one draw my handkerchief from my pocket—I looked round and saw the prisoner with my handkerchief—he put it into his left hand pocket—I went after him, he turned down the steps, and I lost sight of him for about half a minute; I found him about half way down the steps, and accused him of taking my handkerchief; he threatened to punch
my head—several persons came up, and he then gave me my handkerchief, and begged me not to lock him up—I gave him into custody.
Prisoner. Q. Did you see me at your pocket? A. I felt you—there was nobody else near me except a person with some birds, who was sitting down.
Prisoners Defence. I was looking at the birds; there were about ten young chaps there; one of them took the handkerchief and dropped it; I picked it up.
(The prisoner was further charged with having been before convicted.)
GEORGE WATKINS (City policeman, 660). I produce a certificate from Mr. Clark's office—(read: "Central Criminal Court—Charles Williams, convicted Jan., 1854, on his own confession, of stealing a handkerchief from the person—Confined Three Months")—I was present at the trial; the prisoner is the person—I had him in custody.
GUILTY.— Confined Six Months.
932. JOHN BURCHELL , stealing 13 yards of moire antique, 25 yards of silesia, 7 yards of twill, 8 yards of cloth, and 7 yards of alpaca, value 4l. 6s.; the goods of John Frederick Bennett, his master: to which he
PLEADED GUILTY .—Aged 23.— Confined Six Months.
PLEADED GUILTY —Aged 31.—(He received a good character.)— Confined Twelve Months.
NOT GUILTY .
CHARLES BULLEN (policeman). On 4th July I was on duty on Tower-hill, and saw the prisoners together (they had passed me together twice before)—I saw Jones go up to a gentleman, who gave his name as Ingram; Kirby was close to him—Jones put his left hand into the gentleman's pocket, took a handkerchief out and put it into his trowsers pocket—I caught hold of his hand, and took the handkerchief out of his pocket—the gentleman turned round and accused Kirby, who was by his side; he ran away, but the gentleman ran after him and caught him.
Jones. I saw the handkerchief lying on the ground, and picked it up. Witness. I am sure I saw him take it from the gentleman's pocket.
Kirby's Defence. I was running across Tower-hill, and two gentlemen stopped me; one said, "I believe you have got my handkerchief in your pocket;" I said, "I have not;" he said, "If you have not I will let you go."
JONES— GUILTY .—Aged 20.
KIRBY— NOT GUILTY .
(Jones was further charged with having been before convicted.)
MICHAEL HAYDON . I produce a certificate from the office of the Clerk of the Peace—(read: "Central Criminal Court—Robert Williams, convicted Feb., 1853, on his own confession, of stealing a handkerchief from the person— Confined One Year")—Jones is the person; I had him in custody.
GUILTY**— Four Years Penal Servitude.
936. WILLIAM BAILEY , stealing 2 sets of chessmen, 3 sets of draughtsmen, 13 pieces of sponge, 3 hanks of beads, 4 knives, 1 toothpick, 2 music books, 9 brushes, 7 purees, 2 cushions, 1 razor strop, 1 inkstand, 1 harmonicon, 1 box of pens, and 1 box of beads; the goods of David Natali, his master: to which he
PLEADED GUILTY —Aged 15.—(He received a good character.)
Confined Three Months.
PLEADED GUILTY *†—Aged 21.— Confined Six Months.
MR. METCALFE conducted the Prosecution.
HENRY LACHLAN GOODBURN JEWITT . I am an inspector of the Electric Telegraph Company, and am employed at the Fleet-street branch of the Company—the prisoner has been employed there as a clerk for six or seven weeks—in consequence of something which occurred, I marked 9s., on 9th Aug., and placed them in the till—the prisoner was in the inner office adjoining where the till was—I requested him to take a message from a customer, he would have to receive the money and pay it into the till—when I went to the till again, about ten minutes afterwards, 2s. were missing, one of which was a marked one—nobody else had taken any message; that was the only message token, and he was the only person who had been at the till—on the 10th, I missed another marked shilling, and communicated with the officer Green, who came in the afternoon, but nothing further occurred—he came the next morning, about half-past 10 o'clock, and saw me mark 7s. and two half-crowns, which I placed in the till as before—I left no unmarked money in the till—the officer remained outside; a customer came in, and I went into the inner office and requested the prisoner to take the message and receive the money—he would have occasion to go to the till—(about two minutes before requesting him to take the message, I looked into the till and saw the money safe)—I waited about a minute or a minute and a half) then went to the till, found that an extra half-crown had been taken for the message, and missed a marked shilling—that was about three or four minutes after I had seen them all safe—no one else had gone to the till—I called in the policeman, and gave the prisoner in custody; he said he had not taken anything from the till—he produced 9 1/2 d. to the officer, and I saw the officer take a marked shilling from the prisoner's pocket.
Cross-examined by MR. SLEIGH. Q. How many clerks are there in the office? A. Three, with the prisoner—he had been six or seven weeks at the office in Fleet-street, but he had been in the service of the Company about three months, I think; it was not a year—I should think that the Company would not take any person into their service without an irreproachable character—I was obliged to give them references before they took me—the other clerks were in the inner office when the money was marked in the policeman's presence—I think there was another customer, but some time before—when I go to the office in the morning the till is empty, and it is-my habit to put money in—on this morning I put in the marked coins, when the first customer came in—I served that customer—that money was not included in the 12s. I marked, it was taken out directly
I put the marked money in—I had suspected the prisoner, and had marked money on previous days, which was missed—he said, when he was given into custody, "I never took anything of the Company's; what has happened is through carelessness or neglect," or something of that sort—I am not positive on which side the shillings were marked, but I can swear to the mark; it was a scratch.
MR. MERCALFE. Q. Just point out the mark? A. Here it is, a little cross on the woman side—no customer came in on the 11th, from the time I saw the money safe till I missed the shilling, excepting the one the prisoner served, and no one went to the till, for I watched to prevent it.
COURT. Q. How long after the customer had gone was it that you went to the till? A. Five or ten minutes, or less than that; it was a very short time—I gave him into custody about a quarter of an hour afterwards, as soon as I could find a constable.
ALFRED GREEN (City policeman, 376). On 10th Aug. I was consulted by Mr. Jewitt, and on the morning of the 11th I attended at the office, and saw two half crowns and 1s., marked and placed in the till, about a quarter to 11 o'clock—I was called in about half an hour after, sent for the prisoner, and told him he was suspected of robbing the till, and that I was a police officer, and asked him if he had taken any money from the till that morning—he said he had not—I said I must search him, and requested him to turn his pockets out—he produced this 1s. and 9 1/2 d., and a knife—I asked him where he got the shilling—he said he thought he took it in change the day before—it is one of the shillings which I had seen marked half an hour previously, and put into the till.
Cross-examined. Q. You had nothing to do with marking it? A. No—it was marked on the tail side, but I noticed marks on the other side when I brought it in—the prisoner said, in a very earnest manner, that he never robbed the Company of anything since he had been in the employment.
NOT GUILTY .
PLEADED GUILTY . Aged 27.— Confined Six Months.
WILLIAM GOWING (policeman, B 37). I produce a copy of a certificate of marriage between Charles Bedford and Jane Sadler—I compared it with the register—it is correct—(read: "Church of St. Sepulchre, London, May 6, 1839; Charles Redford and Jane Sadler, married in the Parish Church, after banns by me. Thomas M. Hunt")—I also produce a certificate of a marriage between John Flynn and Jane Redford, at Kensington—(read: "Kensington, Middlesex; John Flynn and Jane Redford, married by banns, Sept. 4, 1853.")—I took the prisoner into custody last Tuesday three weeks, by the direction of John Flynn—I told her that she was given into custody for bigamy, and told her the meaning of the word—she said she had been married before, and on the way to the station I asked her if she knew where her first husband was living—she said, "Over the water"—I said, "What street?"—she said, "He did live in Joiner-street"—I asked her at what church they were married—she said they were married in the City, but she should not tell me; she would give me some trouble to find it out—I went to Joiner-street, but found that he had removed—I afterwards found him, and went with him to the station—when the prisoner saw him she got up, and said, "Charles, you do not intend to prosecute me?"—he made no answer, but walked away.
Prisoner. I told you I had been married again, but that my husband had been away from 1846, and I did not know whether he was alive or not. Witness. I did not know where her husband was, except from what I heard from her.
Prisoner. You knew how I was situated; my husband went to live with a woman in 1846, and I never saw him again; you came to my place, and asked me to come and live with you, and you worried me till I did; we lived together before we were married. Witness. Yes, but you told me that your husband had died of the cholera; you took the certificate to your brother's, a month ago, and left it there, for fear I should find it—you helped to support us both until you got drunk—I did not beat you about, and give you a black eye; you got that on the night you left me, and you were nearly being locked up—I came home, and found you in bed drunk, and there was no fire, no tea, and no light—you flew out of bed, and tore my shirt.
COURT. Q. How long before were you aware that she was married? A. I did not know it till Jan.—I continued to live with her—I told her I heard that her husband was alive—she said it was a lie—she threatened to take out a summons against me; that was at the same time that I gave her into custody.
Prisoner's Defence. My husband went away in 1846, and I never saw him again till he was brought to the station to me.
GUILTY .— Confined One Month.
OLD COURT.—Thursday, August 17th, 1864.
Before Mr. Baron Martin and the Fourth Jury.
941. HENRY WILLIAM HALL , feloniously setting fire to a certain house in his possession, with intent to injure and defraud Robert Tubba—Other COUNTS, to injure and defraud John Hill and Thomas Prebble.
MESSRS. BODKIN and GIFFARD conducted the Prosecution.
WILLIAM THOMAS ROSSWELL . I am clerk to the solicitors for the prosecution. On 11th Aug. I served the prisoner with a notice to produce—this (produced) is a copy of it—(This was a notice to produce the policy effected by the prisoner in the Westminster Fire Insurance Company, on the premises, No. 158, Fleet-street.)
JAMES TRIM (City police-sergeant, 69). On the night of 28th Feb., about half past 12 o'clock, I was passing by No. 158, Fleet-street—I saw smoke coming out of the first, second, and third floor windows—I gave the alarm with a rattle, which I got from a man close by me, and sent him off for the engines directly—I then knocked at the door, but no one came—I saw Carter, the waiter of the Portugal Hotel, at the next door, and I went with him on to the leads of the adjoining house—I saw fire raging on the first
floor, at the foot of the stairs—I could see the fire burning up the staircase, which is on a level with the ledge where I was standing—I did not go into the house on that occasion; but on, I think, Wednesday, March 1st, I went into the second floor front room, and saw the remains of three chairs and part of a table, and a mattress on the bedstead, which seemed to be stuffed with shavings—there were a few loose shavings on the bed from the mattress—I think there was a counterpane, but I did not particularly notice—the fire appeared, to the best of my knowledge, to have begun at the foot of the stairs, on the landing of the first floor—the prisoner came there that Wednesday evening—he came in—when he came to the door, he said, "My name is Mr. Hall"—I said, "Yes, I know that"—he said that it was a bad job, and I said it was—he said that the first he heard of the fire was going out in the evening to meet a friend, he went into a coffee shop, and took up the Globe newspaper—he told me that he lived at No. 2, Trinity-street, Liverpool-road, Islington.
Cross-examined by MR. PARRY. Q. He did not say the day? A. No; this was on the Wednesday that the conversation took place, I think, and I understood him that it was on the evening before that he saw it in the Globe—I only went into the second floor—the mattresses themselves appeared to be stuffed with shavings—there was a little hole in the middle, through which I saw them.
MR. BALLANTINE. Q. Did you see shavings anywhere else? A. Yes, round the mattress, but none anywhere else.
THOMAS CARTER . I am a waiter at the Portugal Hotel, in Flee-street, and was so at the latter end of Feb last. On the night of 27th or morning of 28th Feb. about half past 12 o'clock, I was alarmed by a noise—I went out, and found a crowd collected at the door of No. 158, next door to our premises, and adjoining them—I went to the leads at the back of our house, and got on to the leads of No. 158, so as to be able to look into the house—the leads are nearly on the same level as the floor—there were neither shutters nor blinds to the back window—I looked into the room that was used as a kitchen, and saw a fire burning on the landing—there is only one landing between the room used as a kitchen and the room which looks into Fleet-street—the staircase goes up the centre of the house—it appeared to me to be a well staircase, but I never was higher than the first floor—I saw no fire higher than that—I went into the street again, and saw that firemen were there, and people got into the house—the house had not been open since Saturday night—it was a house for chops, steaks, and refreshments—I saw the prisoner on the Wednesday after the fire, about 2 o'clock in the afternoon; he came into the Portugal Hotel, to receive some money which was due to him for beer—the conversation was not addressed to me, but to the barmaid; it turned upon the fire, and the prisoner said to the barmaid, "It is a bad job for me, but I ought to be thankful that my little children were not there"—I do not know whether they are his children or his sister's, but I have seen children there, and he had his sister living with him as housekeeper—he said that he had locked up the house on Saturday night, and was not there on the Monday, but was staying at his lodging, at Islington, as he was very unwell on Monday, and took some medicine, which kept him at home all day; that the first he heard of the fire was on Tuesday evening, when he was coming down from his lodging at Islington, to keep an appointment with a man at the corner of Chancery-lane, who had taken the business of him, and some one met him and told him that his house was burned down—the barmaid said, "What a strange place to make an appointment
to meet a man on business of that kind!"—Mr. Hall made no reply to that, but took the money that was owing to him and walked out—the shop was open on Saturday, but not afterwards—I had had conversation with him before that, on the state of his business—I used to go in and out sometimes two or three times a day, and used to say, "How are you getting on?" and one morning I said, "Mr. Hall, I do not think you will make a fortune here;" he nodded his head, and said, "Oh, never mind, I will make somebody pay for it some day"—I should think that was about a month before the fire—he was not there above four or five months, certainly not six months.
Cross-examined. Q. Did he tell you that he had taken medicine on Monday, and had lain in bed late on Tuesday in consequence? A. No; he spoke of medicine, and said he had taken pills, but he did not say anything about lying in bed late on Tuesday—he said he had not been at business all day, because he had taken the pills; he was confined all the day to his lodging—he said that he was staying at his lodging at Islington—he did not say that directly after he told me he had heard of the fire on Tuesday; he said he had been stopping there all day on Monday, and the first time he had heard of the fire was on Tuesday, and he had taken medicine which caused him to remain at his lodging—I know that he had fitted the house up, but nothing very extravagant—I did not see the furniture moved in—I have been waiter at tie Portugal Hotel five years—I know that they were finishing the house up in a little better style when the prisoner went in—it was a coffee shop—the last occupant had not neglected it, but he had lost money by it; I think there have been five landlords—I do not know that the prisoner paid 200l. to go into it—I used not to go and gossip with the prisoner, but we used to deal with him—there was an improvement in the house; he made a little improvement in the coffee room—I will not be certain whether he entirely re-fitted up the coffee room.
FREDERICK PERRIER . I am one of the fire brigade. On Monday night, 27th Feb., I got to fleet-street at about half past 12 o'clock, and with others broke open the door and got in—there was no fire on the ground floor, the great bulk of the fire was on the first floor landing—I was able to get about three parts of the way up the first flight of stairs—we were about two hours before we succeeded in subduing the fire—the staircase was in the middle of the house—there was a wooden partition on the first floor to divide the front room from the staircase—the back room was enclosed by brickwork, a portion of which was standing after the fire—I saw the fire going up the staircase into the first floor rooms, front and back, but the bulk of the fire was on the landing, burning up the staircase very fiercely—I saw no shavings on the premises at that time, but about a fortnight afterwards I saw some in the first floor front room, and the back room, the same on the second floor, and the same on the upper floor—at the time I saw them there had been some carpenters at work on the first floor; the shavings on the second floor had been on the beds—in the front room second floor, and in the back room, I observed shavings which bore traces of fire, and the same on the upper floor, the third floor, in both attics—they were lying about the beds partially burned, and the floors were very much burned; we were not able to stand without planks.
Cross-examined. Q. There were mattresses stuffed with shavings, were not there, in the upper rooms? A. Yes; but the shavings laid about, so that they did not belong to the mattresses, in my opinion—there were mattresses in the room stuffed with shavings—the mattresses were partially
burned—the carpenters had been doing something at that time in the way of shoring up the house, but no other persons had been at work that I know of—no other persons had been in the upper rooms that I know of—an inquest was held about this house by the City Coroner—I was present (no lives were lost)—the prisoner appeared before the inquest and gave his evidence, and I also—the verdict was, that the house was wilfully set on fire by some person unknown.
MR. BODKIN. Q. You know, I believe, that many of the witnesses who are in attendance here, and were examined before the Magistrate, were not examined before the Coroner? A. There are some of them who were not examined.
JAMES GEORGE FLEMING . I am an officer of the fire brigade. I reached the house between 12 and 1 o'clock on the morning of the fire, and assisted in putting it out—I had charge of the premises till 7th April—I frequently went over the house after the fire was put out—there was very little furniture burned, and what was burned there was some remains of—I saw the prisoner there; the first time was on the Saturday after the fire (which was on Tuesday), Saturday, 4th March, and I saw him two or three times after that—I spoke to him on one occasion, about a fortnight after the fire, and asked him if his claim had gone in to the Fire-office; he said, "No"—I said that it was time now—he said, "It is no use doing a thing in a hurry to be sorry for it afterwards"—we had no conversation on the subject of the fire, or of his claim—I went carefully over the premises, room by room, on several occasions; I went over the first day I got there—in the coffee room very little damage was done, and that was not by fire, only by water and dirt—there was something burned at the foot of the stairs, but not in the coffee room—the staircase is in the middle of the house, and is quite open, it comes down into the bar; the coffee room is enclosed, you cannot go upstairs without going into the bar—if a person wants to go upstairs out of the coffee room, they must go into the bar—the fire had burned down level with the bar, nearly to the bottom—the balustrade was burned, and the stairs were partially gone—the fire did not appear to have extended lower than that—there was a quantity of rubbish on the landing of the first floor, and the landing was entirely consumed—it had destroyed the wooden partition, and the staircase upwards—the fire had begun on the first floor landing; there was no fireplace on the landing—there was a very strong brick fireplace in the kitchen, that remained standing perfect after the fire—I found a great quantity of shavings in the upper part of the house, on the bedsteads—there were seven or eight bedsteads in the house—I think the shavings had formed the stuffing of mattresses, and that the covers had been burned from them—there was a great quantity of shavings lying on the joists on the second and third floors.
MR. BODKIN to J. G. FLEMING (referring to the claim). Q. "Full sized goose feather bed, bolster, and two pillows," in the top front attic, did you find any remains of that? A. No; there was a French bedstead—I did not find a wool mattress, or a "handsome mahogany chest of drawers," or "four new Windsor chairs," or a "handsome dressing glass, in mahogany tray frame," or "four Windsor chairs on the attic landing"—I saw "one French bedstead" in the front room, but not on the landing—in the back attic I saw some part of these "four cane seat chairs"—I saw the remains of three chairs in that room—I did not see a "bedside carpet," or a "full
sized goose feather bed, bolster, and pillows"—I saw a "large French bedstead and palliasse" in the back attic; it was a shaving palliasse.
Q. In the back attic, "450 monthly parts of Ainsworth's and Bentley's works, neatly bound, at 2s. 6d. per part, 56l. 5s.?" A. I did not see a particle of paper about, except in the coffee room, or of books—books are very hard things to burn—in the back room third floor there was a four post bedstead; there was a feather bed, and one bolster, and one pillow on one bedstead in the back room, and a "wool mattress"—there was a "large sized French bedstead" in the same room, and I think there were the remains of some Venetian blinds—there was not "a large dressing glass in a mahogany frame," nor "three new Windsor chairs," nor a "mahogany chest of drawers"—there was not on the landing on the same floor some "nearly new oil cloth"—in the front room, third floor, there was a "handsome four post mahogany bedstead;" at least there was a four post bedstead—there was not a "large sized French bedstead" as well; there was only one bedstead—there were not "two wool mattresses," or a "Venetian carpet on the floor," nor a "dressing glass," "toilet table," "washing stand and fitting," "six new chairs," or a "towel horse"—on the second floor I saw part of a very small dressing glass, also a "four post mahogany bedstead," a "white goose feather bed, bolster," and I do not know whether there was one or two pillows; it was not a good feather bed at all, but it was a feather bed—there were not "twelve cane seated Windsor chairs," nor a "wool mattress"—there was a "toilet table," and a "wash hand stand and fittings"—there was not a "Venetian carpet."
Q. Was there a "Handsome mahogany commode?" A. There were some bed steps—there was not a "mahogany glass case"—in the second floor front there was a "washing stand," not a mahogany one, but it had been a very decent one, by all appearance—it did not correspond with this description, "handsome Spanish mahogany desk wash stand, with nest of drawers, supply cistern inside, and fittings, all complete, 21l.—there was not a "Spanish mahogany four post bedstead"—there was a "large white feather bed, bolster, and pillow," also a "Japan dressing table"—there were not "twelve Windsor chairs," or a "mahogany chest of drawers"—there was a small "dressing glass," and a "wool mattress;" the shaving mattresses were on the bedsteads; they were not additional; there Were wool mattresses on some, and shaving ones on other bedsteads—there were only three wool mattresses—I did not see this "mahogany child's bedstead," nor these "mahogany bed steps"—in the first floor front coffee room, I did not see a "handsome large carpet planned to room."
Q. "Ten Spanish mahogany chairs, 10l. 10s.?" A. I saw the remains of three, and I saw part of a "sofa to match"—I did not see a "handsome china tureen," or a "handsome steel fender, 30s.;" these was an old fender worth about 3s.—there were in the bar some "pieces of oil cloth," a "new chimney glass," an "eight day dial in mahogany case;" these things were not injured, except the clock, which was a little injured by fire, but it was going—I also found these "neatly painted blinds to bar window"—in the kitchen there were several pieces of crockery ware, copper, and some "hot water dishes."
Q. "Three counterpanes, twenty-eight table cloths, twenty-four sheets, sixteen towels, thirteen toilet covers, twenty-two pillow cases, twelve shirts, five blankets, and chintz hangings to bedstead, amounting to about 25l. worth of linen?" A. All the linen there was one sheet and one table
cloth; that was the only remains of linen I could find in the house—linen is a thing which is very difficult to burn.
Q. Did you find "three black cloth cloaks, two pairs of trowsers, four waistcoats, handkerchiefs, collars, stockings, &c.," about 16l. worth of wearing apparel? A. Not a particle—I saw no remains of "a handsome chest, full of clothes, linen, and other articles, value 45l."—all I saw was one chest of drawers empty, which fell from the top part of the house—I did not find "watches, trinkets, and jewels, value 22l."—I did not sift the materials; I did not look for jewellery—I did not find 55l. worth of cigars; I never saw a cigar, or any tobacco there, except what I bought myself—if such a quantity of cigars had been burnt I should be sure to have seen the remains of them—I did not see "fifty-six lbs. loaf sugar, 8 lbs. tea, and 8 lbs. coffee," nor "a quantity of newspapers, value 3l. 10s."—I saw about twelve numbers of the Illustrated News—they were perfect—I saw no numbers of Punch—in the bar I saw six or eight "cruet frames and cruets;" also a "strong double case coffee boiler," and a "four quart oval copper teapot"—they were not injured only by dirt and water—the fire had not extended to the coffee room, therefore what is charged there I can test the accuracy of—a gentleman came and looked over them, and Mr. Hall was with him—there were four casks of ale in the cellars, which had not been tapped, and there were some coals there—28l. is charged for a new watercloset—there was a water closet there, but whether a new one or not I do not know—(the claim for fixtures was 251l. 3s.; for stock, 96l. 14s.; and for household goods, 409l.; total, 756l. 17s.)
Q. You have said you found no such things as many I have put to you; in your judgment and knowledge, should you have found remains of such things if they had been there at the time of the fire? A. I am quite certain that I should have found the chest of drawers, and the linen, and the books I should have seen parts of—books in drawers I think would be seen, but I saw the drawers, and they were quite empty—I should have found the remains of a chest of linen if it had been there, but there was not a particle—it would take a long time to consume when packed in a chest—we got the fire under in about two hours—it began on the first floor landing, in my judgment.
Cross-examined. Q. Was the first floor entirely burned away? A. No, none of it—the ceiling had partially fallen in, and parts of the flooring of the upper rooms—the accumulation of rubbish was on the first floor landing—it remained there till I left, but now it has been carted away, and the house has been rebuilt—there were five or six cart loads of rubbish altogether—the flooring of the first floor had not fallen in, the ceiling of the coffee room was perfect—the rubbish was not sifted—I examined it; I could plainly see all over it—I did not superintend its being taken away.
JOHN PULLEN . I live with my father, in Pleydell-court. I was in the service of the prisoner, at his house, No. 158, Fleet-street, for seven weeks and three days—I left about a week before the fire, because the work was too heavy for me—I was not discharged—some time before I left I took a truck of goods, about half-past 2 o'clock in the day, from the house in Fleet-street to No. 67, Chancery-lane—there was a sofa, a small writing desk, a fender, some large chairs, a table, and some other things—a week or a fortnight afterwards I went in the evening with another truck to the same place—the prisoner went with me on that occasion—the truck was full—I did not notice whether there were other things besides chairs in it—at
another time I carried a large arm chair to the same place, by Mr. Hall's directions.
Cross-examined. Q. This was to Mr. Halsey's, in Chancery-lane? A. Yes—some things had come in a cart from Chancery-lane some time before, and I heard afterwards that they came from Mr. Halsey—I do not know that Mr. Halsey had been removing—I did not drag the truck myself; it was me and Mr. Dobriski, who is a newspaper man, in Bouverie-street, Fleet-street—it was an odd job that he did—on the second occasion Mr. Hall shoved behind, while I dragged—I think Dobriski was hired by Mr. Halsey—a cart load of furniture had come to Mr. Hall's from Mr. Halsey's, but I do not know whether it was the same furniture that was put in the truck—there were some mattresses fetched from up stairs, but I do not know whether they were taken up while I was away, because the things which were fetched in the cart were put into Mr. Hall's cellar—some of the things which I took in the truck were brought up from the cellar—about three or four chairs came from up stairs, but whether they had been taken from the cellar before they came from up stairs I cannot tell you.
MR. BODKIN. Q. Were the chairs that were brought down in use in the rooms? A. Yes, I fetched them out of the bedrooms—it was about three weeks before I left that the cart came—I think it was my master who told me that the furniture belonged to Mr. Halsey; that was at the time that it happened, when they were bringing them in; I helped to bring them in out of the cart—I do not recollect whether there was a sofa brought out of the cart.
JOHN CHARLES VANNER . I have been waiter at the Alton coffee house, in Fleet-street. I was in the employment of the prisoner, and left him on the last day of Feb.—I was in his employment for a week before the fire, and was so when it happened—I had to do the general work of the place—Mr. Hall had a sister, who lived with him as housekeeper, and slept in the second floor front—the prisoner slept in the third floor back—there were two children in the house, which were said to be Mr. Hall's—there was a lodger there, who was clerk to Mr. Halsey, of Chancery-lane; he slept on the second floor back—his name is Gleed, I believe—I was there on the Saturday before the fire, and left the premises about half past 8 o'clock at night—I went there again on Sunday morning at half past 6 o'clock—I was not in the habit of going there on Sunday, but he wanted me to go to help to wash up some things, to be packed up—after knocking and ringing for some time the prisoner let me in, and I remained there till about half past 1 o'clock, washing up glass and crockery ware, while he was in the back coffee room eating chops and steaks with his friend, Mr. Hudson; and they were sitting there all the morning, smoking pipes and cigars—I did not see any baskets for packing in that morning, but I did the week before; they were being packed all the week by a Mr. Hudson and the prisoner, in the first floor front room—Mr. Hudson is a friend of my master's; I believe he is a publican—I noticed crockery ware being taken away from the premises during that week from up stairs, and I think two looking glasses—I cannot mention anything else that was taken, because I could not see the contents of the cases—they were taken away at night by cabs—I saw two cabs myself; there were baskets and portmanteaus in them—I believe Mr. Hudson went with them—the two cabs were there at different times—Mr. Hudson went with one, but I do not know about the other—I do not know where they went to—Mr. Hall was in the house on those occasions—I did not hear him say anything about where they were going—I left about half past
1 o'clock on Sunday, and went again on the following morning at about half past 6 o'clock—Mr. Hall opened the door—I did not ring, because the bell was cut away—it was not there on the Sunday—I had rung it in the course of the week—I think it was Friday night that it was gone—I made Mr. Hall hear by kicking at the door for half an hour, and the same on Monday morning—when he came and let me in, he said that his sister had an engagement out of town; and that he had got an engagement, to go and see a friend of his, a gentleman, that day, and he should not be able to open for business that day; and I was to have a holiday, but I was to be sure to be there on the following morning—I went on the following morning, and found that the fire had taken place in the night—when I saw the prisoner on Monday morning, he was dressed, all but his coat—on the Sunday I went up stairs, I did not go into any room, but I looked into the second floor front room, and fancied I observed two bedsteads there—I went into that room on the Wednesday after the fire, and noticed some shavings under the mattress; they were very much burnt—I knew that there was a quantity of shavings in the cellar, I saw them on the Sunday; but when I went into the cellar after the fire, there were not so many; there was not half of them—on the Friday before the fire, when the things were packing up and going away, I asked Mr. Hall if he was going to sell his business—he said that was no business of mine—I then said that I wished to know whether I was to go on with the next people who came, and he said "Yes"—some wages were owing to me, and on the Saturday after the fire I went to the prisoner's lodging, No. 2, Trinity-street, Islington, to be paid, and I noticed articles of furniture which I had previously seen at the house in Fleet-street; there was some bed furniture, four or five horsehair chairs, an easy chair, and, I think, a bedstead; but I will not be positive—there was some bedding, not on the bedstead, but rolled up in bundles on the floor—I did not notice anything else, because I was not allowed to go into the room; but the door was on the jar, and I saw in—on the same occasion, I saw the prisoner's sister at his lodging.
Cross-examined. Q. Were there any wages due to you when you went to Islington? A. Yes; I had been paid one week, but I went for that week's wages—I do not know that his sister lodged at No. 2, Trinity-street, but she was in the house at the time I called—I saw only two cabs; the last was on Friday night—I did not see his sister go with either of them—I do not know where the things went to—I believe Mr. Hudson is a friend of Mr. Hall's; he was there from the first thing in the morning to the last thing at night—when I asked the prisoner if he was going to sell the business, he told me that was his business—he afterwards told me that he had sold the business, and I should go on with the other party.
Q. Did not he ask you to come there and wash up the things that were in general use in the coffee shop? A. He asked me to wash the things for packing—it was glass, but no crockery; glass used in the business—there was a lodger of the name of Gleed, and I heard Mr. Hall say that Mr. Gleed had broken the bell—I do not know that he came home drunk, and broke the bell, I did not lodge in the house, but the prisoner sent me to Mr. Halsey's with a note, about 1 o'clock in the day; that was Thursday, or Friday—I have never seen Mr. Gleed tipsy—I never saw the shavings used for lighting the fires, though I have lighted the fires myself.
MR. BODKIN. Q. When did this clerk of Mr. Halsey's leave? A. On the Thursday night before the fire; he did not sleep in the house later than Friday—I used to go there at half past 6 o'clock in the morning, and I used
to clean his boots—the only fires I lighted were the kitchen and coffee room—it was not ray business to light the fires, but he had no servant, and he said he would have a servant next week.
WILLIAM MARTIN . I carry on business as a tailor, at Nos. 156 and 157, Fleet-street. On Monday, the day of the fire, the house No. 158 was closed—my attention was drawn to it by persons coming to my place—I went to the back of the house, and found the kitchen window open—I called, "Mr. Hall," very loudly, thinking that he was ill, but I could not make any one hear—it was then about 11 o'clock in the morning—I afterwards got into the kitchen, which is level with the leads—there was no appearance of fire in the grate in the kitchen—my house is next door, but I cannot say positively whether I heard any one in the house after that—I was contemplating alterations, and was there till 10 or 11 o'clock at night, and I think I heard somebody come in, but I should not like to swear it—it was such a noise as would be made by a person coming in—I did not do or say anything in consequence—I was in the house by myself—I had gone and called out two or three times in the course of the day, both in the morning and in the afternoon—I went into the house twice that day, the first time at 10 or 11 o'clock in the forenoon, and the second at 3 or half past 3 o'clock—it was after dinner—I am positive that there was no fire in the grate the last time that I was in the house, because I could look at the fire without getting in—the fireplace faces the window—I went to bed immediately after 12 o'clock, and was aroused by the noise of the fire, I should think, about 20 minutes past 12 o'clock—I had not gone to sleep—some time before this, I had noticed the removal of furniture from the house a great number of times; I cannot say how many—I know the landlord of the house quite well, and made a communication to him in consequence of the removal of the furniture—the things went in carts, trucks, cabs, and different conveyances.
Cross-examined. Q. You say you heard a noise; about what time was that? A. I think about 11 o'clock; I was not in bed then; I was in my shop—I had undressed myself and got into bed before I heard the alarm of fire—I have been in the kitchen before, not always by the back window, but I have been that way several times—I was on friendly terms with Mr. Hall, and used to go in that way—I saw a sofa, a bed, and some chairs go away from the house.
MR. BODKIN. Q. You used to take your meals in his house? A. Yes, generally.
HENRY TICKTON . I am apprenticed to Mr. Alcock, a carpenter, in Chester-court, Fleet-street. I have taken shavings to the prisoner's house—I had orders from Mr. Brett, the baker, to send them—it appears that the prisoner had asked Mr. Brett's son to send him some—I took them in sacks—I took the first sack about a month before the fire—I saw the prisoner then—I left the shavings outside, and went in and asked him if he wanted any shavings—he said, "Yes; have you got any?"—I said, "Yes"—he said, "Bring them in"—he told me to take them into the cellar, and told me to bring a sack every week—I took four sacks altogether—I only shot two into the cellar; the other two I left in the shop, because Mr. Hall was not in the way—I called again, and he was not in—I went again, and the sack was emptied, and they gave it to me—I went again with a fourth sack, and saw a female—she would not take it in, and I brought it away again—I remember the fire happening—I saw it the next morning—I did not keep it in my mind at all when I took the shavings.
Cross-examined. Q. Do you sell shavings to parties to light their fires?
A. It is a general usage in carpenter's shops; they are my perquisites when there are any, but I cannot always have them—when I brought the second sack, the first did not appear to have been used—Miss Hall would not have the last sack—Mr. Brett was the only other person in Fleet-street whom I served with shavings—I did serve somebody in Fetter-lane.
ELIZA LEE . On the Saturday night before this fire took place I was in Fleet-street, and saw the prisoner there—I went home with him to his house, No. 158—it was then about 2 o'clock in the morning, and I stopped till about half past 3—there was no one in the house but us two—I went into the kitchen, and into the second floor front room—there was no bedding on the bed, only a blanket—he said that business was very bad, and that his sister had that day taken his children away, and they would be taken care of—I had seen him once or twice before—I remember the night the fire broke out—I was in Fleet-street at the time it broke out, and not far from the house—I was between the house and Farringdon-street—about an hour or an hour and a half before the fire I saw Mr. Hall, I thought it was, going from his own place towards Farringdon-street, on the same side of the way—he may have been six or seven doors from the house—I did not speak to him, nor did he to me.
Cross-examined. Q. You cannot say whether it was Mr. Hall, or not? A. I could not be positive.
ANN WELCE . I am a servant, and live at No. 2, Gray's Inn-lane. I have got a situation in Bedford-row three weeks ago, but they do not wish me to go there till this trial is over—I was in the prisoners service for a month; I left about eleven days before the fire, I think—I slept in the house, at the top, the back room—while I was there I saw beds, sofas, chairs, tables, glass, carpets, a bedstead, a hearthrug, and several other things being removed from the place, by Mr. Hall and the lad; they used to bring them down stairs between them—I did not see anything outside to carry them in; I did not go out—this was at all hours of the day—the prisoner's sister was there as housekeeper—I remember being on the kitchen stairs and hearing the prisoner say something to his sister, it was on Wednesday evening, and on Thursday morning I gave him warning—the kitchen stairs go from the bar; the same staircase continues to the kitchen—I was coming, downstairs, and Mr. Hall was inside the counter in the bar; they could not see where I was, but I heard Mr. Hall speak to his sister; he called her Louisa, and said he would set fire to the house as soon as the goods were out—his sister never answered a word—I said nothing till the next morning, when I gave warning that I should leave that day week; they looked at one another, but did not say anything—I gave no reason for going, but I would not trust myself there—I never told Mr. Hall what my reason was, or said a word about it to anybody.
Cross-examined. Q. You never said a word about it till after the fire? A. No—Mr. Hall did not turn me away—he refused to pay me my wages, and I went to Guildhall and got a summons for him—I did not get my wages—I had no dispute with him to speak of—there was a row about some potatoes, but that was where I was living before—that has nothing to do with Mr. Hall—I am fond of potatoes, and I dare say you would not refuse them if you had nothing else to eat—I was not charged with stealing potatoes—I do not get my living by stealing, but by hard work—I lived at Mr. Loverett's for seven weeks before I came to Mr. Hall, and we had a little confusion about the vegetables, and I left.
COURT. Q. What was it about? A. About some potatoes—some customers
in the shop wanted them, and they were not cooked; the waitress went up to say that they were not ready, and Mr. Loverett came down and was rather angry that they were not boiled; we had a few words, and I came away.
MR. PARRY. Q. Did you ever live in Shoe-lane? A. No—I do not know Plumtree-court, Shoe-lane, I never lived there—Mr. Loverett lives in Holborn, and I lived with him—he did not live in Plumtree-court, No. 19—his house was at the back of Plumtree-court—before I lived there, I lived in Holborn, in Furnival's Inn-place, I lived there four years—I did not live in Plumtree-court with a woman named Betty—I do not know Betty, nor yet Sally—I swear I know nothing at all about her; nothing of the kind—I never in my life lived at No. 19, Plumtree-court, with a woman that went by the name of Betty, and I can go now and prove it; and nobody ever saw me live there—I have not a relation living in Plumtree-court—I know Plumtree-court, I should say—an aunt of mine does not live there; I have none, and I never did live there.
Q. Did Mr. Hall complain of your smoking in your bedroom? A. Mr. Hall can complain of anything—he did complain of it—I used not to smoke in the bedroom; I will swear that—I did not send the boy out for tobacco to smoke, nor yet to chew, but because every winter I am subject to chilblains, and I brought some tobacco water in my box for chilblains, but it was not to smoke—Mr. Hall certainly did complain of my smoking in my bedroom a great many times, but I always told him it was no such thing.
Q. Did not he tell you he could smell the tobacco? A. He could say anything—he asked me if I did smoke, and I said, "No"—he told me that if I did I should not do it—I do not know how many times he did that—he complained of my drinking as well—the drink was not for chilblains, but he gave no one a chance to drink but himself; his cellar was always locked—I did not try it.
Q. Did he complain of your drinking his ale, over and over again? A. I came here to tell the truth, and I have told it, and I will not tell you any more—he did not give me a chance to rob him of his beer—he did complain of my robbing him, but it was no good, for he had charge of his own cellars.
Q. Did he complain of your going to the tap and letting his beer run away, besides drinking it? A. It is no use to talk about that; it was not my business to go to Mr. Hall's cellar—he did not give me enough to eat, much more to throw away—I did not throw the bread away; I had not sufficient to eat, I am sorry to say, and I would not make myself so mean as to axe him for more, although I am a servant—he charged me with throwing his bread out at the window—I did not throw a lump of bread, and break one of the neighbour's windows; I should think not—there is no mistake about that.
Q. Did not he complain of your throwing bread out, and breaking a pane of glass belonging to his neighbour? A. I have made you an answer, and that is quite satisfied; I am not going to satisfy you any more—I did not break a pane of glass by throwing bread out of the window—I do not know whether the neighbours came and complained or not; it was not my place to listen to every person that came in; he did not hire me to stand at the street door, and see who came in—I heard somebody complain, but who it was I do not know—he did not say who broke it, because he could not see—Mr. Hall will say anything—he does as he pleases, and other persons put up with the consequences—I never lived or lodged at No. 19, Plumtre-court
—I do not know a woman named Catherine Bryant, and I never went into Plumtree-court in my life, though I have lived seven years in Holborn—I do not know a single creature there, male or female—I cannot say whether Plumtree-court is a bad place; you had better go and try; you can make it your business to inquire; perhaps you know better than I do—I do not know a woman named Catherine Bryant in or out of Plumtree-court; I do not know a creature in the world—I have never gone by any other name than Welch—I have never gone by the name of Bryant; I have only gone by one name, and I can always go where that name is called—I heard this conversation, "Louisa, I am going to set the house on fire as soon as all the furniture is out"—it was said loud enough for me to hear, and that is sufficient—I was very near the bar.
Q. Were you listening? A. I will not answer you any more; I cannot go any further.
COURT. Q. Were you, at the time you heard it, hearkening to what they were saying, designedly; were you listening there on purpose? A. No, as I came down for some things in the coffee room.
MR. PARRY. Q. Now, madam, were you listening? A. I am not a madam, and I am not going to answer you one single question more; I have given you perfect satisfaction—never mind whether I was listening, I am not going to speak to you any further;—(the witness declining to answer the question, which was several times repeated, was informed by the COURT that she must answer)—I was coming down the kitchen stairs to the coffee room for some things, between 5 and 6 o'clock—the kitchen is up stairs, on the first floor back—you have to pass the bar to go to the coffee room—what Mr. Hall said was not in a very loud tone of voice, but loud enough for me to hear it—I do not know whether there were customers in the coffee room, the door was shut—I have nothing to do with the coffee room—this was more than a week before I left—I had only been about a week in the place when Mr. Hall came up into the kitchen, and said that he was not going to suffer any servant to take any liberties with his victuals, neither smoking or drinking, and I said, "Mr. Hall, I never did"—I listened on the stairs for about five minutes after Mr. Hall said that, but heard nothing else—his sister never answered.
MARY ANN TAPPENDEN . I am the wife of Mr. Tappenden, who lives in Fleet-street—I had some intention of taking the house, No. 158, Fleet-street, from the prisoner, soon after Christmas—I saw the prisoner upon it—in the first instance he asked me 400l. for the concern, furniture, fixtures, and all; that was some time in Jan.—he afterwards offered it to me as low as 300l.—I said, I should not mind giving 250l.—my agent proposed that we should divide the difference, but that I declined—I had made no agreement with the prisoner at the time the fire happened—on the Friday or Saturday immediately before the fire, I went to the place—there were two gentlemen in the first room as I entered, and the prisoner said, those two gentlemen were about taking the house, and I had better fix upon it at once—I said, "I should consider more about it, but I had not made up my mind at present"—he did not say any more; his sister asked me up stairs to rest, as I was ill at the time.
Cross-examined. Q. Before you made the offer of 250l., did you go over the house? A. Yes; several times—he showed me an inventory, and said what he wished me to take was what he himself had taken when he came in; he told me that he had laid out money upon the place; in the first instance he said about 100l., in fittings and alterations—he pointed them
out to me—I had not much knowledge of the business; it was my husband who wished to enter into it—he pointed out a new water closet that he had built—he mentioned two or three different sums as what he had paid when he went in—at first he said 250l. and then 350l. besides the 100l. that he had laid out—I should have given 250l.—he did not in any way diminish the value of the business in speaking to me—I have never sold a business.
---- PATCHING. I am an auctioneer and agent in Cranbourne-street—about the beginning of Feb., I was consulted by Mrs. Tappenden about the house in Fleet-street—I had sold the house to the former occupant, Mr. Pilkington, in Feb., 1853—there was then a valuation made; it was 113l. and 7l. for fixtures—that was what Mr. Pilkington paid when he went in—there was an inventory on that occasion; that same inventory, with certain additions, was brought to me by Mrs. Tappenden—I went to the house in Feb. last; I found same things in it that were not included in the former valuation—I should suppose the value of those additional things was about 40l. they were to be included in the purchase—there were other things besides, which the prisoner described as his private furniture; I did not of course look at them with a view of purchasing; but I should suppose they were worth about 60l. or 70l.
Q. In going over the premises, did you see anything answering to the description of "a handsome Spanish mahogany desk washstand, with nest of drawers, supply cistern inside, and fittings all complete, 20 guineas? A. I saw nothing which would amount to anything like that value—I saw a mahogany wash hand stand—I saw nothing which I should reckon above the value of from 2l. to 3l.—I saw a sort of mahogany square enclosed wash hand stand; I did not look into the interior of it—I know what they are generally; if there had been an article answering that description, I could not have failed to notice it—I did not tell the prisoner that I came there on the part of Mrs. Tappenden—he told me that he had been offered 300l. by Mrs. Tappenden, which I knew to be false—he did not know that I was acting for Mrs. Tappenden—I went down into the cellar; there was a very small stock indeed; what I saw there I should think would not amount to above 3l. or 4l.
Cross-examined. Q. Did you go for the purpose of seeing the place on account of Mr. Tappenden? A. I did; I told the prisoner that I came there in consequence of the premises being to let, and I wanted to see over them; I did not tell him that I came on anybody's account—I merely went as a matter of form—I knew what the place was—I concealed from him that I was the agent for Mr. Tappenden.
CHARLES ROUSE BROWN . I am a clerk in the Westminster Fire Office. I am subscribing witness to this policy (produced by MR. PARRY); it is. dated 7th Jan. 1854—the household goods, linen, printed books, wearing apparel, &c., at No. 158, Fleet-street, are insured for 500l. the stock and utensils in trade for 100l. and the fixtures and fittings up for 250l. making a total of 850l.—Mr. John Hill is one of the directors, and there are others—Mr. Robert Tubbs is one.
WILLIAM BROMPIT STORR re-examined. I am an auctioneer, of No. 26, King-street, Covent-garden, and am also assessor of claims in the Westminster Fire Office. Some time after the fire I received this claim—it had been sent to the office—on 16th Aug. I sent a lad for the prisoner, and he came to my office—he made a long statement, which I took down in writing—I had this claim before me, and he signed it in my presence—I put questions to him, and he answered them—(Referring to the memorandum) he said, "I
was on the premises on Sunday and Monday—I slept there on Sunday night—I got home on that night between 11 and 12 o'clock—on Monday I got up about 12 o'clock, having been in the house all night by myself—I lit the fire in the kitchen in the first floor, to cook a chop—I left the house with no one in it, at 3 o'clock in the afternoon, and I did not return upon that day—on Monday night I slept at No. 2, Trinity-street, Liverpool-road, Islington—on Tuesday morning I left Trinity-street, and proceeded to Fleet-street, at about 10 o'clock—I saw there had been a fire, but I did not go into the house, nor did I speak to any one on the premises connected with the fire brigade, or any other person, about the fire—I returned to Islington, and after taking some refreshment at the Angel, Islington, I went to No. 2, Trinity-street; there I remained until the evening—I called at No. 158, Fleet-street, on this evening, at about 6 or 8 o'clock, and saw the fireman—the claim, prepared by Mr. M'Dougal, which I have signed, was prepared under my direction—during the six weeks previous to the fire, I have removed some of the furniture, two feather beds, a bolster, a pillow, a few blankets and sheets, two table cloths, a few knives and forks, the carpets which were folded up and not in use, and two hearth rugs, a chimney glass in the first floor front room, a set of fire irons, a fender, a large dining table, four mahogany chairs with horse hair seats, crockery ware and glass, an easy chair, and a portrait—these articles were removed two or three days previous to the fire"—the statement about removing the furniture was in answer to questions by me—"My sister was living with me in the capacity of housekeeper for about six weeks previous to the fire—she took away her boxes, and other property belonging to her on Saturday evening—I have two children—one of them was with my mother, the other was with me in Fleet-street—I sent her away with my sister on the Saturday evening—I have sold to Mr. Halsey, No. 67, Chancery-lane, a small couch, six mahogany chairs, with horse hair seats, and a chimney glass—this, I think, was two months ago"—this latter statement he made after I had pressed him much as to whether he had not removed some other articles—"I know a person of the name of Hudson, a publican, formerly of North Audley-street, the York Minster public house—I do not know where he lives now—he was in the habit of calling upon me in Fleet-street—he assisted me on Saturday to remove the articles I have mentioned to Trinity-street—upon no other occasion did he remove anything from Fleet-street—I had sold the house and business at No. 158, Fleet-street, in the course of the week previous to the fire, to Mr. Parker, of Dalston, the fixtures, fittings, and utensils in trade for 300l. the furniture and stock in trade to be taken at a valuation—Mr. Parker paid me a deposit of 10l. and an agreement was signed by each of us to this effect—possession was to be given on 8th March—the linen was in the chest of drawers in the bedroom on the second floor front, and part on the landing; there were no blankets on any of the beds but in that room—I am certain everything charged in the claim was on the premises at the time of the fire—my apparel was hanging up in the second floor back room—the chest was mahogany, with drawers inside—this stood on the landing on the second floor—it contained clothes, linen, and other articles—in a small wooden box in the dressing table drawer in the back room second floor, were eight or ten rings, pearls, and diamonds some of them I believed to be; a very small gold watch set with pearls—the principal portion of the stock was in a cupboard on the second floor staircase, I mean the cigars, sugar, tea, and coffee; the portion which remained after the Saturday's business, was packed up in paper, and weighed
and removed upstairs on Saturday night, and left on the landing—when I left on Monday, there was a large quantity of shavings in the cellar; those I expect will be found there now"—he left me with instructions to furnish me with the agreement between himself and Parker, which he said was at home in his pocketbook—I asked where Parker was, and if a letter addressed, "Mr. Parker, Dalston," would find him—he said it would not—he left me with the impression that he would bring the agreement—I understood him to say so, and also the addresses of Hudson and Parker—he never did bring the address of Parker, or the agreement, but I received the address of Hudson on the Saturday following, and Hudson called upon me.
Cross-examined. Q. Did you go to Trinity-street? A. I did not; I went to the house in Fleet-street—after Mr. Hall had made this statement to me, he was examined as a witness at the inquest—I was also examined—I do not think a person named Gleed, in Mr. Halsey's service, was examined there, or before the Magistrate.
THOMAS PLOWMAN . I am a clerk in the Westminster Fire Office. The prisoner's first policy was dated May, 1849; that was for 3002.—there was another policy in 1851 for an additional 300l. and the third policy was for 850l. in Jan. last.
Cross-examined. Q. He never made any other claim against the office? A. No.
FREDERICK ERRICK . I live at No. 32, Great Portland-street, at present. I am a traveller in drapery—I travel for houses in the drapery line—during the time the prisoner kept the house in Fleet-street, I used to dine there occasionally—in that way I became acquainted with him—I have been out with him several times into the City, to several places—I have been with him to the Bay Tree, in St. Swithin's-lane: that was about the latter end of Jan.—I went there with him and two other persons; we were there about an hour and a half, or two hours—we drank together there; we had nothing to eat—we left between 9 and 10 o'clock in the evening—the other persons came away with us, but we parted outside—the prisoner and I walked home towards Fleet-street together—on our return home, we went into the Daniel Lambert public house, on Ludgate-hill—we only stood in front of the bar, and had a glass of ale; we then proceeded towards his house—as we went, he said, "Well, I am going to be a partner of your governor; "that was Halsey—I had been in Halsey's employment previously, and I was then in his employment—he lives at No. 67, Chancery-lane—I had been about six weeks in his employment—he said, "If I can place confidence in you, I can put money in your pocket"—I said, "How?"—this was near his own house, and he said, "I will tell you another time"—we then parted; he went in doors, and I went on to the west end of the town—I saw him again the next day—I dined with him; at least, I dined at his house, and in the evening we went out again together; I and the prisoner, Halsey, and a man of the name of Gleed—they were the two that had been with us at the Bay Tree—Gleed lodged at the prisoner's house—we all four went to the Bay Tree again, because it was near the omnibus where Halsey got in; he generally took the omnibus near King William-street—we drank together there, and stayed I think till near 10 o'clock—the prisoner and I parted with the others outside the door, and we walked home as before—in the course of our walk, I said to him, "Well, Hall, how are you going to put money in my pocket?"—he said, "To tell you the truth, I am going to have a blaze"—"Indeed," I said—he said, "Yes, I intend to fire the premises, for I am insured pretty stiff;" or, "rather stiff;" "pretty
stiff," I think it was—I said, "Then I shall not have anything at all to do with you;" that was all that passed—we parted, and he went inside his house—the following day I was at Halsey's, when he came there—they had a little private conversation, which I did not hear, and a few minutes afterwards some furniture was brought in in a truck—it was put in the back room—there are only two rooms, the office and the room; the furniture was put in the room—it is not a large auction room, merely offices—it was put in the back office—some more was brought afterwards—altogether, there were eight mahogany chairs, an easy chair, a large looking glass, window curtains, brass rods, a sofa, and a quantity of other things—the prisoner said that they were brought there as he was going to be a partner of Halsey's—he is an auctioneer—I was in Halsey's employment from the latter end of Dec. to the 14th Feb.—the furniture was brought the last week in Jan.—I do not know at what time the prisoner went into the house in Fleet-street—during the time I was with Mr. Halsey I did not know or hear of any furniture being lent by him to the prisoner, or deposited in his house.
Cross-examined. Q. Will you give me the date of this conversation? A. It was the last week in Jan.—it passed in Fleet-street, between Farringdon-street and his house; I should think between 10 and 11 o'clock; I was then living with Mr. Halsey, at No. 67, Chancery-lane, not sleeping there; I slept at No. 32, Great Portland-street at that time, and for some time previously, and do now—I have lived there for twelve months up to this time, I am known there by the name of Errick—if anybody inquired for me there, they would find that I lived there—I was not aware that an inquest was held about this fire, until I returned to London from Manchester—that was I think in the middle of March—I think about the 8th or 10th—I then heard that an inquest had been held, I did not hear that it was over—I read of the fire in the newspaper, when I was at Manchester—I heard of the inquest when I returned to town, that was after the inquest had been held—I do not know about the date, I suppose it was about the 8th or 10th March—I heard then that the inquest had been held—I know the time that I came up from Manchester perfectly well, I should not think there could be any mistake about it—it was either the 8th or 10th March that I returned from Manchester, I am positive—I do not know positively, but I believe it was about that time; I heard from a man in Holborn that the inquest had been held—he did not tell me that the inquest was over—he told me the inquest had been held respecting the fire in Fleet-street, and the officer was inquiring for me—that was when I returned from Manchester, I think about 8th or 10th March, I did not go to the Westminster Fire Office in consequence—the officer came to a house that I went to in Holborn—I did not go there purposely to meet him, I had been in the habit of using that house sometimes—he was not aware that I was going there—he did not meet me by accident, nor by appointment—the man told me the officer wanted to see me, and then I went to see the officer—that was a few days after I came to town—I was not aware that the inquest was being held while I was in town, I am certain of that—I left London for Manchester between 15th and 20th Feb., from Manchester I went to Preston, and then returned to town on 8th or 10th March—when I saw the officer, I did not hear what the verdict at the inquest had been—the officer's name is Gaylor—I was first examined in this case at the police court, I think that was in April—I did not lay the information, I wont to the police court and was examined—I went
there with the officer—I think it was about a month after I returned to town—I never laid any information—it was on my information that a warrant was issued—I am not the person that originated this prosecution—I do not know whether it was upon my evidence only, that the warrant was issued—I gave my evidence at Guildhall—I do not think anybody else gave evidence that day—I was not in town whilst the inquest was held—I never laid any other information against any one, for anything—I have never informed against any one—I did inform against a person for selling goods without a hawker's licence—that was a short time ago—that was connected with my own business; there was nothing criminal in that I apprehend—I never informed against any one—I told the police of it, I do not call that informing—I told the police that they were trading without a licence—I went before a Magistrate, and was sworn about it—the parties were not fined—I have not done that more than once, that was only a fortnight ago—I was never a witness before a Magistrate before; the information was against a Mr. Way—I did not go to the parties against whom I complained, before I informed—I will swear that—I had not made any demand of money upon them—I am certain of that, not a farthing—I did not give the information from a sense of public justice—I heard that I should not receive my money, and then I gave information to the police; it was money that was due to me, 4l. 19s. 10d.—one of the parties had refused to pay me, and I told the police—it is necessary that these fellows should be brought to justice—I do not know whether I should have informed if the fellows had paid me my 4l. 19s. 10d. perhaps I should, I do not know that it would have been ungrateful, that would depend upon circumstances—I have been connected with them for years—I have not been connected with men who sell goods without a licence, I always have a licence—I was connected with those fellows that I informed about, for about ten years—I did not say that they would not pay me my 4l. 19s. 10d. but they put me off from day to day—I did not think I should get the money by informing against them—I dare say I shall get it, I have not tried to get it—I intend to summons them in the County Court—I state distinctly that I live at No. 32, Great Portland-street—I think it is the second floor that I occupy, I know it is—I have occupied it twelve months—I pay rent for it myself, in my own name—the landlord is Mr. Matthew Slingsby—I have paid him rent for the second floor for twelve months, within a week or two—I have lodged there, and paid rent for that twelve months—I pay 5s. 6d. a week for one room, a bed room—I have not been in town during the whole of that twelve months—I have stated that I was travelling about for drapery houses—that is true, this last week I have not travelled for any one—I was engaged in London for this house in Bristol, for the man of the name of Way—that is the man you say I informed against, I was travelling for him—I do not think he has any place of business—I was engaged for three weeks till last week, I did not travel before that—I was in a situation, at Mr. Hurst's, No. 108, Oxford-street, a shawl house—I was with him from May last to the latter end of July, and then for three weeks with Mr. Way—I have stated that I was travelling in the drapery trade—I did not say for any house, because the persons I have been travelling for, travel from town to town—they do not sell by auction—they travel from town to town with goods, and sell them in the various towns—they send hand bills round—I have been with them for ten years—I think the police have interfered with us once—that was in Leadenhall-street, this time twelve months—the police were placed at the door, for the purpose of
warning persons from going in—that was not on the ground that we were a set of swindlers, because our business was carried on quite as respectably as the drapers' generally are.
Q. Was that a set of men called "The Towsery gang?" A. It is in the country called "The Towsery gang;" we had a man with us of the name of Towsery, who was well known in the country; he was not known in London—we aroused the jealousy of the drapers and they denominated us "The Towsery gang"—we are quite as respectable as the gentlemen in Ludgate-hill—we were never charged with selling sham goods—we were charged with charging exorbitant prices, perhaps, but not with selling sham goods—we were never charged with selling articles worth 1l. for 5l. or 6l.
Q. Used you to represent that these sales were the wrecks of fires, and so on? A. When a fire took place we bought goods there; and then, of course, we represented them as goods from the fire—in Leadenhall-street we were known by the name of "Brown Brothers"—that was the place where the police were placed at the door—they were only there for two or three hours, not longer; I do not mean for two or three hours a day, but for two or three hours in one day—we did not leave after that, we stayed two months there, from April to June—I do not know whether "Brown Brothers" were ever summoned before the Magistrate, not criminally they were not—I think one of them was summoned, that was Brown—I think it was to Marlborough-street, I am not certain—we were then trading as "Brown Brothers"—the place of business was then in Pall Mall; he was only summoned once to my knowledge—I was at Pall Mall with him—I have not been with Brown Brothers pretty well all over the country—I do not know what names we went by—various names—I was not the proprietor—I have been with them about ten years—I think we went by different names in different towns—we had a licence to travel, and the licence was always in Brown's name—we did not always trade in Brown's name, not when any large firm had failed, or anything of that sort, we very likely then traded in the name of that firm—we never traded in the name of Howard and Co.—I know a Mr. Lloyd—he was not one of them, he was in business for himself in Maddox-street—he had sale rooms—he was there two years—I was with him part of the time—Mr. Brown was not with him—that was not Brown's concern, it was separate—I suppose I was with him for about two months, I changed about from one time to the other—I remember the fire at Messrs. Pawson's, in St. Paul's-churchyard—it was never complained that Brown Brothers had fraudulently represented that they had purchased a large quantity of their stock—it was said so by a draper in the neighbourhood—we did buy goods of them—I was never charged with assaulting ladies who came to our establishment and compelling them to buy, nor were any of us to my knowledge—I think I did hear that Lloyd was, but I was not present—I do not know a person of the name of Horwood—I know the name of Allgood—I gave him a character as a respectable man—I was never charged with giving him a false character—not the slightest complaint was ever made of it—I will swear that—he lived with me between three and four months—I never gave him a nine months' character, nor was it false, nor was the slightest complaint made of it—that I swear—he lived with me at Chertsey or Egham—I was travelling about then—he was one of the men that lived with me while I was travelling about—I gave him a character on that account; not from Mr. Towsery, or Brown Brothers, but from myself—he was my servant, and I paid him
wages—I have lived at Cheltenham; I was in the drapery business there, alone—I had a shop—I was there about six months the second time, and about twelve months the first time, still in the drapery trade, never any other—I was nothing else there but in the drapery trade—I did not know a man named Hog there—I knew him in London—I was not with him at any time—I met him at a tavern in Regent-street—I never lived in the same house with him—I never acted as servant to him—I knew him for about three or four months I suppose—I never used to be with him as a companion—God knows whether he has been transported—I saw him the other day—I first knew him in '45, I have known him since then, but I was only acquainted with him in '45 for a month or two—I have known him ever since; I should have known if he had been transported; I have not known him, but I should have known that—he was never imprisoned to my knowledge—I had nothing to do with him at a gambling house; nothing of the kind—I was in the habit of taking my meals at the prisoner's coffee shop; I always paid for them—there is no debt owing whatever, not a farthing—I think I became acquainted with Gleed last August, at Greenwich—I was not dismissed from Mr. Halsey's, I left of my own accord—I was there about six weeks—I did not live there at the same time that Gleed did—I left some time before Gleed.
MR. BODKIN. Q. With respect to Brown Brothers, or Mr. Lloyd, were you a partner, or merely employed? A. I was employed as an assistant, and paid for my services—I did not go to the office of the company when I heard that an inquest had been held—I wrote a letter; this is it (looking at it)—this is dated 28th March—I think it was about the middle of March that I returned from Manchester; I am not certain what time it was—I am certain that when I returned I heard that the inquest was over, and that the officer was inquiring for me—I saw Gaylor, the officer, I think directly afterwards, within a week—I wrote this letter before I saw Gaylor, but after I heard that he wanted to see me.
CHARLES THOMAS GAYLOR . I am a police constable. I went to the premises soon after the fire—I attended at the Guildhall police office, when application was made for a warrant against the prisoner—I think that was on the 19th April, or the 29th—Errick was examined there, and Mr. Storr—I do not think I was—on receiving the warrant of the Magistrate, I endeavoured to execute it in London—I could not find the prisoner in London—I ultimately found him, on 6th June, at a pawnbroker's of the name of Thomas, at 134 or 135, Dale-street, Liverpool, where he was employed—I told him I wanted him on a warrant for arson—he said, "Very well," and I brought him to London.
Cross-examined. Q. Did you ascertain how long he had been living there? A. About a month—it was not so long as two months—I have heard that he was originally a pawnbroker by trade, and that was the way in which I found him out—I cannot say whether he had the management of the business at Liverpool; there were two other young men in the shop, younger than he.
MR. STORR re-examined. I took down the statement made by the prisoner in his presence, and read it over to him.
(The following letter from the witness Errick to Mr. Brown, the Secretary of the Company, was here read: "32, Great Portland-street, March 28. Sir,—I can communicate to you the facts connected with the late fire in
Fleet-street, that will bar all claim that Mr. Hall may have upon your office. An answer by return will lead to an interview.—F. Errick.")
GUILTY . Aged 35.— Transported for Life.
THIRD COURT.—Thursday, August 17th, 1854.
PLEADED GUILTY . Aged 22.— Confined Six Months.
PLEADED GUILTY . Aged 40.— Confined Two Months.
PLEADED GUILTY .* Aged 30.— Confined Nine Months.
MR. RYLAND conducted the Prosecution.
EDWARD LAYTON . I am a baker, and live at Hanwell. The prisoner was in my service—he came to me in Feb. last, and left me on 5th Aug.——it was his duty to take the bread round to customers, book it, receive the money for it, and account to me at night for the bread delivered, and all the money taken—he accounted to me on Saturday, 5th Aug.—I did not know of anything being wrong at that time—I discharged him then—he had given me notice to leave three weeks before, and on the Tuesday following that he neglected to give account of his bread, and was out till 10 o'clock at night—I waited, and he did not come—I went out at half-past 10 o'clock, and found him—he told me he should come when he liked—we had some difference, and I discharged him on 5th Aug.—on 7th Aug. I went to Mrs. Chadd, who had been a customer of mine ever siren I had been in business—I had a bill against her of 3s. 8d.—I had never received that from the prisoner—he kept a book, in which he books his bread, and one in which he books his money—both were in his writing—they are not here—I gave them up to the prisoner's attorney, Mr. Sleep, at Brentford Town Hall—the Magistrate asked if I had any objection to leave them—I left one, and the other I took, and booked the bread in, and the policeman came and took it away—I have my own books here—here is my book in my writing—I make the entries in it from the information of the prisoner—he sees me make the entries from time to time—he has his book with him, and he tells me from his book, and I enter it in his presence—this is the book of the bread sent out—here is the book of all money received by me—on 1st Aug. here is no sum of 8s. 6d., purporting to have been received by the prisoner for me—on 3rd Aug. here is no sum of 6s. 3d.—on 5th Aug. here is no sum of 3s. 8d.—there are no such sums—I have never received any of these three sums—the 8s. 6d. was due from Mrs. Barnett—she never
paid me that 8s. 6d. nor did the prisoner pay it on her account—the 6s. 3d. was due from Mrs. Alderson—I have never received that from her or the prisoner—the 3s. 8d. was due from Mrs. Chadd—I never received that—they were all three my customers.
Cross-examined by MR. PAYNE. Q. You were a carpenter? A. Yes, and I have taken the baking business—the prisoner was in the employ of the person who had the baking before me—he was in that employ about three years—I began to be a baker in Feb. last—there might be about sixty customers to whom the prisoner had to deliver bread, sixty deliveries, and sixty accounts" in one day—he had a cart; he had no one with him to mind the cart—he had to make the entries, and all to do himself, to sixty persons in a day—this book is my writing—there was another book the prisoner kept—here are entries on 1st Aug. amounting to 3l. odd—they were entered on Tuesday evening, lst Aug.—I cannot say at what time; between 8 and 9 o'clock, I suppose—I cannot say what time these entries were made on 3rd Aug.; he was so in the habit of neglecting his duty, and coming home late—I cannot say what time they were entered, but I mean to say that the entries on the 1st, on the 3rd, and on 5th Aug., were made the same nights—about three weeks before, the prisoner told me he was going to leave me, and on the Tuesday following I went after him, and he told me he was quite independent of me—that was all that passed on the Tuesday—I said nothing to him about leaving till the Saturday—on the Saturday after he had booked his bread I told him I had got another man—he said, "I suppose I am to go next Saturday night?"—I said, "You may go tonight"—he said he expected a week's notice—I said that made no difference, I should pay him his week's wages, and he could send his wife for the bread and Hour—I think the policeman took him on the Thursday following.
MR. RYLAND. Q. On Saturday night, when you discharged him, nothing was said about these items? A. No; I did not know of them—I found one out on Monday, another on Tuesday, and the other on the Thursday—I did not see the prisoner in the interim, and had no communication with him.
CHARLOTTE BARNETT . I am the wife of Henry Barnett. I am a customer of Mr. Layton—I knew the prisoner as being in his service—the prisoner brought me bread from time to time—on 1st Aug. I owed Mr. Layton a bill, 8s. 6d., and I paid it to the prisoner—I have the book—the prisoner signed it in my presence, and I paid him 8s. 6d.
Cross-examined. Q. How long have you dealt at the same place for bread? A. About three years; the prisoner brought the bread all that time—he lived there at the time Mr. Layton took the business—he lived with the person who kept the shop before—I believe he bore a good character—I live at Greenford, about two miles from Hanwell—I do not know how for it is from London—I never was in London before.
MARY ANN ALDERTON . I am the wife of Thomas Alderton; I live at Ealing. I have been in the habit of receiving bread from Mr. Layton—the prisoner has delivered the bread—I have been in the habit of paying him every two or three days—on Thursday, 3rd Aug., I paid him 6s. 4d.—he had delivered bread to that amount—I kept a book, which I have here—he made the entries in it—on 3rd Aug. here is his writing, 6s. 4d. scratched through—this other is meant for his name.
Cross-examined. Q. What was your bill? A. 1l. 4s.; I keep a shop. I have been served by the prisoner since about March, I think—I did not deal with Mr. Bradshaw, the former baker—when this 6s. 4d. was paid, the bread
I took in that day was still remaining—the other entries go on to the end of the week—I did not pay every day; I had generally one day's bread in hand—I sometimes paid every day, sometimes not/.
ANN CHADD . I am a widow, and reside at Hanwell. I have been in the habit of haying bread of Mr. Layton—the prisoner brought it—up to the last fortnight I was in the habit of paying every day, if I had money in hand—the last fortnight I asked him if he could change a sovereign, and he could not—on Saturday, 5th Aug., I owed for two weeks' bread—the first week was 2s., and the second week, ending 5th Aug., was 1s. 8d.; the two weeks together 3s. 8d.; and on that Saturday I paid that money to the prisoner—I had no bill nor receipt; I paid him when he left the bread—I can ascertain the amount I paid him, because I mark it on a slate on the day they are left—I told him the amount, and asked him if it was right—he said that was all right, and I paid him the 3s. 8d., and he went away.
Cross-examined. Q. How long have you been in the habit of being served by this man? A. I suppose three or four years; I have known him as bringing bread to my house—I never heard of any mistake before this.
JOHN MANSELL (police-sergeant, T 1). I took the prisoner on this charge—I took him to the station—Mr. Layton was there—he charged him with embezzling 2l. 11s. 6d.—I do not remember that the prisoner said anything—there was a great deal said, but nothing particular—I do not remember that he made any answer.
Cross-examined. Q. Where did you take him? A. At the Duke of York, in Hanwell, close to his master's house; I have known him about three years—I never heard anything against him—he was about at public houses.
GUILTY .— Confined Twelve Months.
ANN LEE . I live at No. 16, George-street, Lisson-grove. The prisoner lived in the same house—a short time ago a gentleman gave me a sovereign—I changed it, and I had part of the money, four half crowns, four shillings, and 10d. in my hand—I went and got it at a public house—I came back, and the prisoner called me into her room—she knocked me down, and there was a man there, who kneeled on my breast—the prisoner struck me—I struggled very hard to keep my money—the prisoner took my hand, and got the money out of it—she went down stairs—I went after her, but she ran too quickly—she took my handkerchief from my neck when she took my money.
Prisoner. She came into my room, and asked me to wash some clothes, and asked me if I would have some gin; I went with her, and she called for half a pint of gin; she came back, and came up stairs, and said would I boil a drop of water for her; I said, "Very well;" I went to get it, and she fetched half a pint of gin; I had some gin and water; she had a petticoat, and pawned it, and she came with two young men, and we had some more beer and gin. Witness. There was one young man in the room; I do not know who he was; but she got the money out of my hand, and they both ran down stairs.
CATHARINE APPLEYARD . I lodge at No. 16, George-street—I remember the Monday evening when this occurred—I had the prisoner's child in my arms; she gave it me in the street—I went up stairs, and I heard screams, and the prisoner and a young man had Lee down—the prisoner had hold of her hand, and she said, "Give me the money"—the man ran away, and the
prisoner ran after the man—she was a quarter of an hour out, and she came back and said she had had the man taken—I did not see any more till the afternoon that Lee came and asked me to say what I had seen, and the prisoner came in my house and struck me, and cut my face.
CATHARINE DUNN . I live at No. 16, George-street. On Sunday morning, Lee showed me a sovereign; I went out with her, and saw her change the sovereign in a public house—we went to the King Alfred, and they accepted the change from Lee to take care of—I saw the prisoner with a man at the King Alfred, and heard the prisoner say to him, "You be here by 8 o'clock in the morning; she will come and get the money, and she always carries it in her hand; when she gets out, you hit her hand, and it will fly, and we shall get it, and let her have one shilling, no more."
WILLIAM FARLEY (policeman, B 297). I received information on Monday night from the prosecutrix—I went to the prisoner's room, and took her into custody—I told her she was charged with robbing Ann Lee of 14s. 6d., and a handkerchief—she said she had no more than the others—I searched the room, and found this handkerchief—the prisoner did not say anything at the time—I asked the prosecutrix if this was her handkerchief; she said, "Yes."
Prisoner's Defence. She knocked at my door, and said, "Will you let me in?" I said, "Yes;" and she said would I have some gin; I said, "I am not going to work to day, I shall wash;" and she said would I wash a thing for her; she went to fetch half a gallon of beer and half a pint of gin; I went out to the public house, and came back to do the washing; she came back with those men, and said, "Do give me some tea;" I went to get it, and she went and got more gin, and she had some money in her hand, and she kept it.
COURT to CATHARINE APPLEYARD. Q. Did you come in and see the prisoner take anything from her hand? A. I saw her take hold of her hand, and she said, "Give me the money;" there was only one young man in the room—Lee told her that I was going to tell what I had seen, and she came and abused me, and called me names, and struck me.
COURT to ANN LEE. Q. Do you know who the young man was? A. I never saw him before.
Prisoner. Q. The young man had been drinking with you? Witness A. No, he had not—I did not know he was there, till he came and kneeled on me—the prisoner took the money and my handkerchief; she kicked me dreadfully; I have been a cripple ever since.
NOT GUILTY .
MR. O'BRIEN conducted the Prosecution.
SARAH HAYNES . I know the prisoner; he married my daughter, Susannah, on 8th Sept., 1844, at St. Peter's Church, Bethnal Green—she is here now—they lived together about a couple of years as man and wife—starvation and ill usage was the cause of their separating—he turned my daughter out of doors, and I kept her—she is living with a man now.
Cross-examined by MR. PAYNE. Q. She has been living with this men some years? A. Yes; she has had three children by him—she had one child by the prisoner—the prisoner and her have not been living together between seven and eight years—she knew the other man before she married the prisoner—I cannot say what they disputed about.
Cross-examined. Q. What are you? A. I am pew opener there—the ceremony was performed by Mr. Woodward, the curate—I did not know the parties at all.
Cross-examined. Q. Where did you take the prisoner? A. On Friars' Mount, on 10th July—he said he thought he was at liberty to many, not having lived with his wife for seven years—I know the prisoner, he had a good character. (The prisoner received a good character.)
GUILTY — Confined One Month.
MR. METCALFE conducted the Prosecution.
PATRICK BARRY . I am a traveller. I live at the Hand and Shears, No. 1, Middle-street, Cloth Fair—on the afternoon of 25th July I did not hear him say something abusive to my daughter, but my daughter came down stairs, and the prisoner came down not more than a minute and a quarter after—he stood at the parlour door and said, "I will kick your—y guts out, and cut open your b—y head with a poker"—I had remonstrated with him with respect to his conduct to my wife and daughter—he did as he said, he came and kicked me with his full force in the groin—he had his boots on—I was held fast by the women—my own daughter was one; she held me away from him, and there was the prisoner's mother behind—she had hold of me by the collar—I extricated myself by using my arms, and she had a long brush immediately and beat me on the back of my head—after the prisoner struck me with the kick, he returned to the tap room, brought the poker, and struck me on the temple with it—the effect of that blow was that I was stunned and my head cut open—I was taken to the doctor at St. Bartholomew's hospital, and he strapped it up—I have been suffering ever since—it was a very heavy blow, half of my head was completely numbed.
Cross-examined by MR. RIBTON. Q. You are quite recovered now? A. No; I feel quite debilitated—I have not been able to do any business since—I am a commercial traveller on my own account, I sell glass and optics; spectacle frames and watch glasses—I buy my stock at the cheapest market, and sell them to the best advantage I can—this was between 4 and 5 o'clock—I was sitting with a friend in the public parlour—I occupy one room in that house for myself, my wife, and daughter—the prisoner, and his mother and father, live in the same house—I was talking with a person now in Court, I think his name is Stringer; he asked me if I would have a game at cards for a pint—I was playing at cards or just going to play—I had not tasted the drink, it had only just come into the room—I should suppose my daughter, and my wife, and the prisoner were up stairs—when I went out of the parlour, after some communication with my daughter, I could not see the prisoner anywhere—the second time I went out he was at the parlour door, and I spoke to him—I remonstrated with him—I said, "If you don't give over insulting my daughter, I will chastise you another way," meaning that I would take out a summons; I said, "It is better for you to go about something else than to insult my wife and daughter in my house"—there was no one present at this time except Mrs. Webster, who, I think,
was in the bar—I spoke as if I was speaking up stairs—the prisoner was not present at all—I supposed him to be on the stairs, which he was; he came down immediately afterwards.
Q. But when he came down, and you saw him face to face for the first time, what was said? A. He said to me, "What do you say, Sir?" and he said, "I will kick your b—y guts out, and open your by head with the poker;" and he made a jump, and seized me by the hair of the head, and he struck me a kick in the groin, and then went for the poker—my daughter, Mary Barry, was present when he used those words—I did not strike him—I did not see that he was thrown down—I did not do it—on my oath, I did not knock him down—I saw his mother behind with a long brush—I saw her because I looked round to see who had hold of me, and I found she had hold of my collar—she made a blow with a long brush, and struck me—I do not know how many had hold of me—there were three women behind me—my daughter was one—she was holding me, and Mrs. M'Keowne and another woman—I cannot say whether Mrs. Doherty had hold of me or not—Mrs. M'Keowne said something—I did not hear her say, "Don't be ill-using my son in that way"—I did not strike Mrs. M'Keowne, unless she came against my elbows—on my oath, I did not give her a deliberate blow on the head—on my oath, I did not see her knocked down—she might have cried "Murder!" I believe she did—it was before the cry of "Murder!" that I was struck on the head with the poker—on my oath, it was not after the cry of "Murder!"—she cried "Murder!" a long time before I was struck.
COURT. Q. She cried "Murder!" was that before or after you were struck with the poker? A. On my oath, I cannot recollect whether it was before or after.
MR. RIBTON. Q. You said it was before you were struck? A. I cannot recollect—I do not know what age the prisoner is—I was examined before the Magistrate—I signed my depositions—they were read over to me—(The witness's deposition was here read, at follows: "Between 4 and 5 o'clock yesterday afternoon, the prisoner was abusing my daughter; I spoke to him; he kicked me in the groin; he ran away; I went after him; he met me with the poker, and struck me on the head a most violent blow, and I am suffering severely from it now; my head is cut open.—Cross-examined. The prisoner was up stairs; he came down; I did not hit the prisoner over the nose; I pushed him; I saw Mrs. M'Keowne; I did not strike her; I took hold of her to wrest the handle of a brush out of her hand; he did not say, 'Come, let my mother alone.'")
Q. How was it you did not say before the Magistrate what the prisoner said to you? A. It might escape my memory—I was examined the following day—it appears it escaped my memory, but he did say so—I did not make use of any violent language to the prisoner, nothing more than I said, "You d—d rogue, if you don't give over insulting my wife and daughter, I shall teach you better in another way"—I called him a "yellow looking scoundrel"—I did not say "You d—d rogue;" I stand corrected there—I did not mean that—I did not say anything about "a white-livered b—r"—my wife is not here: she is an invalid; she has a bad leg and a bad finger—I was treated for this by the doctor—I was laid up all that night, and most of the next day—I am not one that is confined much; if I was, it would kill me—I was hurt in the groin—I have not been able to make water freely since.
MR. METCALFE. Q. Is Stringer here? A. I believe not—what I said
was while the prisoner was up stairs—after I had called up stairs, I had scarcely got into the parlour when he came, and said, "What was that you said?" and seized me—my daughter was holding me for fear I should get hurt—she was pulling me away, and the prisoner was holding my hand—there is no ground for saying that I struck him or his mother, nothing more than trying to get myself extricated from the women—my elbows might come against the mother.
MARY BARRY . I am daughter of the last witness. I live at the Hand and Shears with my father—on the day this happened I was up stairs, and heard the prisoner calling me names—I said, "I will go and tell my father"—I went down stairs crying—my father said, "What is the matter?"—I said, "I wish Pat M'Keowne would let me alone"—my father went out and said something, and the prisoner said, "Would you? I will burst your b—y guts;" and he seized him and kicked him—his mother laid hold of him by the back of the coat, with the broom in her hand—my father pushed his arms out to get loose, and the prisoner went into the tap room, got the poker, and struck him on the head—the prisoner's mother had not got hold of my father at that time—my father threw his arms out, and got loose—I had hold of my father round the waist, to fetch him into the parlour, to save him—that was at the time the M'Keownes had hold of him—they were pulling one way, and I the other—my father did not strike any blows, only threw his arms out—my mother was up stairs, and the prisoner was calling her names also—he said she was an Orange Presbyterian—the next morning the prisoner said he was sorry he did not do worse, and he would knock my two eyes into one.
Cross-examined. Q. You heard him make use of these words, "I'll burst your guts?" A. Yes, that I swear—I was examined before the Magistrate—I told the Magistrate those words—(The depositions being read, did not contain any such expression).
Q. Now you see they have not taken one word about the guts? A. I said that, Sir—I have known the prisoner about twelve months—I have been living with my father since last Sept.—Mrs. M'Keowne and the prisoner were holding my father at the time I was—I was trying to push him into the parlour—that was directly after he was kicked—my father was standing up—I was trying to push him into the parlour, and I was not able to push him in.
MR. METCALFE. Q. What was Mrs. M'Keowne holding your father by? A. By the coat, and the prisoner by the hair.
SARAH ANN DOHERTY . My mother lives at the Hand and Shears. I remember this disturbance—the last witness said, that Pat M'Keowne called her names; her father came out and called Pat M'Keowne a yellow b—r, and Pat M'Keowne came and said, "What do you say?"—Mr. Barry said, "Why can't you leave my daughter alone?" he said, "I am not touching your daughter"—I did not see who hit first, but I saw Pat M'Keowne come with a poker, and strike Mr. Barry on the head—I saw him kick Mr. Barry hard—Mrs. M'Keowne held Mr. Barry behind—the prisoner held him by the hair—that was before Mrs. M'Keowne held him by the collar—as far as I saw, Mr. Barry did not strike at all—I saw the brush in Mrs. M'Keowne's hand—I saw the blood on Mr. Barry after the blow with the poker—he held down his head—I saw blood after that.
Cross-examined. Q. I suppose Mr. Barry was in a great passion? A. I cannot say—when he came out first, and called the prisoner a yellow b—r, he was angry—I did not see who hit first, I was close to them—they were
struggling together—that was not Before the kick was given—they were tangled together—Mr. Barry was trying to get away from him—the prisoner was not too strong for him—Margaret Doherty is my mother, she was on the stairs—she saw it all, and Jane Talbot was there; she saw it all.
MR. METCALFE. Q. How was Mr. Barry held? A. Mrs. M'Keowne held him by the collar, and screamed "Murder!" and then the prisoner went and got the poker.
SAMUEL STRATTON . I am a surgeon. I attended Mr. Barry, as an out patient of Bartholomew's Hospital—I found he had a very severe wound on the forehead, about an inch above the right eyebrow—he had a severe bruise in the groin—I am attending him at the present time.
Cross-examined. Q. He is labouring under some other disease, is he not? A. Not that I am aware of—he is not quite well—he is still suffering.
ALFRED WEBSTER . I keep the Hand and Shears. Mr. Barry's daughter came down crying, I went out to see what was the matter—her father went out, and said, "You ought to know better than to insult my daughter"—I saw no blow struck.
THOMAS HOLLOWAY . I am a ginger beer manufacturer. I was at the Hand and Shears on the day this happened; I saw the prisoner run into the tap room and fetch the poker out, and strike Mr. Barry on the head—some women had hold of Mr. Barry, and the prisoner struck him, and he held the poker out, and said, "If the b—r comes near me again, I will give him another one"—he ran, and I ran after him, and caught him, and gave him to the officer—I did not see Mr. Barry strike anybody—he had no chance, there was a woman holding him, and the prisoner struck him with the poker.
COURT. Q. What did you hear the prisoner say? A. After he struck he had the poker in his hand, and he said, "If the b—r comes near me again, I will give him another one/, but finding there were several people behind him he ran away.
HENRY HARRIS . I am a grocer, I live opposite the Hand and Shears. I heard this noise; I went over and saw the prisoner with a poker in his hand, and Mr. Barry had his hand on his forehead, and the prisoner said, "If the b—r comes near me again, I will give him another."
Cross-examined. Q. Did Mr. Barry ask you to come here? A. No; I told him I would come.
Witnesses for the Defence.
JANE M'KEOWNE . I am the mother of the prisoner. I live at the Hand and Shears, and my son with me—Mr. Barry and his daughter live there also—on the afternoon this quarrel took place, I came down stairs, and saw Mr. Barry and my son—Mr. Barry had before that been saying something that I heard up stairs; I heard his voice when he came out of the parlour—he made use of very bad words to my child; he called him very bad names, he called him a yellow b—r; my son did not say anything—Mr. Barry said, "If you don't let my daughter alone you yellow b—r, I will kick your guts out"—I did not hear my son use these words, "I will kick your b—y guts out, and open your head with a poker"—he could not have said those words without my hearing them—my little boy turned and said, "I am no more than you are," and Mr. Barry struck at my son, and hit him on the top of. the head—he had got his hands up—my boy was not knocked down, he was standing; I came to my boy's assistance to pull Mr. Barry from him—Mr. Barry gave me a very severe blow, and pulled my
cap from my head—I was knocked down and screamed, "Murder!"—I saw Mr. Barry's daughter—I never saw my boy strike him at all—Mr. Barry put up his hand—I do not think any one saw it till it was done—it was after I called "Murder!"—I was on the ground when I called "Murder!"—my boy was sixteen years old on the 9th of last month—he is the eldest of seventeen children—I have had twins three times—I have a very heavy family—he only came from school last Christmas—he has been a very good boy—not quarrelsome—I did not hear him use the words, "I will kick your b—y guts out, and cut your head open"—I did not hear him say anything about the poker.
Cross-examined by MR. METCALFE. Q. Then he did not say anything? A. Yes; he said to Mr. Barry that he was no more that than he was—Mr. Barry was the man that said he would kick his guts in—the words my son said were, "If you do that to me I will do it to you"—that was after Mr. Barry had called him a yellow b—r; I was up stairs when Mr. Barry called him a yellow b—r, and my son was there also—my son came down, and Mr. Barry came out, and said the same words over again—he said, "I will kick your guts in," and my son said, "If you do that to me, I will have at you again "—that was when he said he would kick his yellow guts in—Mr. Barry came out and called up stairs—my son came down, and Mr. Barry said, "You yellow b—r, if you don't leave my daughter alone I will kick your guts in;" and my son said, "I am no more that than you are"—Mr. Barry struck my son on his nose—I pointed that out to the policeman—the policeman saw it—I pointed it out to the inspector at the station—his nose was all cut; and that was when Mr. Barry first struck him—he did not give him but the two blows, and he came to strike me—I did not hit him—I had a long broom, I did not do anything with it, it was taken from me—on my oath I did not strike him, never once—I took the broom up in my hand when I was on the floor, to help myself against the great man—the blow he gave me, knocked me right down on the floor—there were plenty there who did not see it—it was done in a moment.
MR. RIBTON. Q. You heard your son say, "I am no more that than you are?" A. Yes; Mr. Barry had called him a yellow b—r as he was coming down stairs—Mr. Barry was coming out of the parlour—there was a mark on my son's nose—he had the mark when he came to the station—I said, "Look, that boy was knocked about as well as me"—Mr. Barry wanted to give me in charge as well as the boy—the long broom that sweeps the passage leaned on the cupboard—the blow that Mr. Barry gave me knocked me down, and as I was falling I caught the broom, and Mrs. Barry took it from me—that was the first time I had the broom in my hand.
COURT. Q. You caught the broom as you were lying on the ground? A. Yes; I was not on the ground when my son came with the poker; I was up—I screamed, "Murder!" as I was getting up—Mr. Barry came to me again—I was not knocked down twice—he came the second time to knock me down when I screamed, "Murder!"—I was first knocked down, and I caught the broom.
Q. But I understood you were on the ground when you suppose the blow was struck with the poker? A. No; I screamed, "Murder!" and got up—I got up, but I did not see the blow—I did not see my son come out—I did not sec him with the poker in his hand; not at any time—I never saw him with the poker, neither before nor after; not at the time he gave the blow, but afterwards I did—I saw him with it in his hand—he was doing nothing
with it, only holding it in his hand, because he thought Mr. Barry was going to hit me again—I took the poker from him with my own two hands—my son did not run away; he stood at the door—Mrs. Barry told him to go away—it was not him that gave the first offence—I wag lying on the ground when I called, "Murder!"—after I got up, Mr. Barry came the second time, and caught hold of me by the back of my neck—we were struggling together.
Q. Do you mean that while you were struggling, Mr. Barry could be struck with the poker and you not see it? A. I did not see it; it is a narrow passage.
MARGARET DOHERTY . I live at the Hand and Shears. I recollect the day the quarrel was—I saw the last witness and the prisoner come down stairs—Mr. Barry came out of the parlour—I heard him use threatening language to the prisoner—he said, "If you don't leave my daughter alone, I will do so and so to you"—he called him a d—d rogue, and said he would strike him; and Pat said if he struck him, he would strike him—there were no blows in my presence—I saw them struggling—I saw Mr. Barry turn round and strike Mrs. M'Keowne—I saw her lift her cap up, and she shouted, "Murder I"—she was standing on the floor when she picked her cap up—I did not see her on the floor—I saw her distinctly lift her cap up, and I heard her cry, "Murder!"—after the cry of "Murder!" I saw the poker in the prisoner's hand, but I did not see him strike—that t was after the cry of "Murder!"—Sarah Ann Doherty is my daughter—she had my baby in her arms, and I told her to keep out of the way—there was a large cupboard, which prevented her seeing Mr. Barry.
Cross-examined by MR. METCALFE. Q. You were looking at your daughter all the time? A. Yes; she could not see the blow, because the cupboard projects—I told her to take my baby up stairs, and she said she could not get by, for the confusion—I was on the stairs—I heard Mr. Barry call out, "You d—d rascal," or something to that effect—the prisoner was down stairs at the time; he was at the tap room door—when this was said by Mr. Barry, "You d—d" something, "if you don't let my daughter alone, I will strike you," or something, I did not hear the prisoner say anything afterwards; there was such a confusion—there were a great many people came in—I did not see any kick—I was on the stairs all the time—the first blow I saw was Mr. Barry striking Mrs. M'Keowne—I never stirred off the stairs—Mrs. M'Keowne said, "Don't kill ray son," and he turned round and I hit her a severe blow on her head—she was at that time on the stairs, at my feet—she was at Mr. Barry's back, holding him—he extricated himself, and turned round and gave her a severe blow—I cannot say whether she tumbled or not—her cap fell off her head—he hit her with all his might—I saw her stoop to pick her cap up—she was behind him, holding him—he tried to free himself.
Q. Was not the blow struck while he was doing so? A. No; as soon as he extricated himself he turned round and struck her on the head, I think on the back of the head—I did not go to the police station—I believe Mrs. Barry took the broom from Mrs. M'Keowne—Mrs. M'Keowne never struck Mr. Barry—she had the broom up ready, but did not trike—I do not know who took the poker away from the boy—I did not hear him say, "If he comes near me again I will give him another"—I did not bear him say anything about kicking his guts, but Mrs. M'Keowne and Miss Barry have always been chaffing about it.
MR. RIBTON. Q. They took your little girl before the Magistrate? A. Yes, and they brought her here unknown to me.
COURT. Q. Do you mean that you really do not know whether Mrs. M'Keowne fell down? A. I cannot say whether she fell down, but her cap fell off, and she shouted "Murder!"—she stooped down—I cannot say whether she was on the ground—I did not see her on the ground—if she had been lying on the ground, of course I should have seen her.
JANE TALBOT . I was at the Hand and Shears that day—I saw Mrs. M'Keowne and the prisoner come down stairs—I came down with them—I saw Mr. Barry come out of the parlour—I did not hear him say anything—I saw him hit the prisoner on the top of the head—I saw some struggling between them—I saw Mr. Barry turn round from the prisoner and hit Mr. M'Keowne with his hand, and her cap fell off—I did not see her on the ground—I did not see her cap fall off—I saw it on the ground, and I heard her cry "Murder!"—she was standing after she cried "Murder!"—I saw the prisoner come with a poker.
Cross-examined. Q. If Mrs. M'Keowne had been on the ground you must have seen her? A. Yes—just before that, Mr. Barry was being held by her, and he extricated himself and then struck her—it was done purposely, and her cap fell off—he reached over and struck the prisoner—I did not see the prisoner take Mr. Barry by the hair—they were in such a position, so close together, I could not tell whether there was any kick—I did not hear anything said by either of them—I was on the stairs—I did not hear Mr. Barry call anything up stairs—as I was coming down he said to the prisoner, "Why don't you let my daughter alone?" and the prisoner said, "Why don't she let me alone?"—I did not hear what else was said—I heard Mr. Barry say something to the prisoner, and the prisoner said, "I am no more that than you are"—I have known the prisoner some time—J wont to that place to visit his mother.
MR. RIBTON. Q. Whether Mrs. M'Keowne was on the ground or not, are you quite sure you saw Mr. Barry strike her? A. Yes; he turned from the prisoner and struck her.
(The prisoner received a good character.)
GUILTY of unlawfully wounding. Aged 17.— Confined Three Months.
PLEADED GUILTY . Aged 13.— Confined Fourteen Days, and Whipped.
HANNAH SAPSTEAD . I am ten years old; I live with my sister, Emma Stevens, at Stepney. On the Monday before Whitsuntide, I went to a shop with some work which my sister had done—I saw the prisoner by the shop—he saw me go to the shop—I saw him again when I came out—I received in the shop two pairs of trowsers; I was to take them to Mr. Parnell's, in the Commercial-road, but I took them to my mother to alter—the prisoner said to me, "Little girl, have you got your work from the shop?"—I said, "Yes"—I took them to my mother and got them altered—I came back again, and the prisoner told me to go to a place and see if Mr. Grinstead was there—he
said he was his brother, and he wanted his whip—he asked me to let him hold the trowsers and money, and he took them out of my hand—when I came back I could not find him—I saw him again about three weeks afterwards—I was with my sister, and pointed him out—after that, I was taken to the station house—I was taken to the Court to see him—there were other persons there—I picked out the prisoner as being the person.
The prisoner was further charged with having been before convicted.
GUILTY. Aged 21.— Four Years Penal Servitude.
(There were two other indictments against the prisoner.)
MR. CAARTEN conducted the Prosecution.
EDWARD ARMITAGE (policeman, N 80). I am stationed at Leyton. On the morning of 14th July, I was out with my fellow constable Browning, and met the prisoners at 4 o'clock coming in the direction of Walthamstow, near Reeve's Green, and going towards Stratford—I spoke to Davis first, and asked their business there—he said they had been to see a man who was a plasterer, living near the Chestnut Tree, which is about a mile from where we stopped them—they both said that—I asked them the man's name, but neither of them knew it—I asked where they came from, Davis said that he should decline answering any more questions—I then put the question to Reaves, and he said the same—J felt in Davis's right hand coat pocket, I found this life preserver (produced) in a blue bag—I saw Browning take two chisels from Reaves—we took the prisoners to the Walthamstow station house, I searched Davis there and found these two knives, a door key, and five skeleton keys (produced); also this gimlet (produced) in a side pocket, and this portable saw in the same pocket with the life preserver—these are common keys with the wards filed away, they were in his waist-coat pocket under a Guernsey—I also found two lucifers in his top coat pocket.
Cross-examined by MR. PAYNE. Q. Where was this? A. In Reeve's Green; which is a small triangle in front of the house of a gentleman named Reeves—we were both in police dress—we crossed over to them, and walked some little distance with them—I spoke first, and asked them their business there, Davis answered: he said, "We have been to see a man living near the Chestnut Tree, he is a plasterer"—I asked them where they originally came from, and what time they came into Leyton, and they declined answering.
screw driver (produced) from up his back, between his coat and waist-coat—they were taken to the station, I then continued my search of Reaves, and found another screw driver, and a hook in his coat pocket, also a door key, and some lucifers—he said that he came down there to look for work, and was going home, and was taken into custody by us—they were going off the Forest towards London.
Cross-examined. Q. Did not one of them say he was a shoemaker? A. Yes; Davis—his hands were examined, but I know nothing about that, it was done in the prison—Davis had a short pipe in his mouth.
MR. CAARTEN. Q. Can you tell the use of this hook, have you seen instruments of this kind before? A. I have not.
MR. CAARTEN to EDWARD ARMITAGE. Q. Have you seen an instrument of this kind before? A. I have not—it would draw a bolt back if a hole was made in a shutter or door.
DAVIS— GUILTY . Aged 43.
REAVES— GUILTY . Aged 50.
Confined six months.
SAMUEL COTTON . I am a builder, living at Plaistow, in Essex; the prisoner was in my service. On 5th June, I entrusted him with several brushes and combs, and 2l. to deliver to my wife at Plaistow, I being in town—he absconded, and I did not see him again for eight weeks.
Prisoner. Q. Did you give them to me in London? A. In Whitechapel.
JOSEPH WALL . I am in the service of George and Robert Barker, of Houndsditch. These combs and brushes were pledged with me—the prisoner is not the person who brought them—he said he brought them for another person, I could identify him if I saw him—I gave him a ticket for them.
Prisoner's Defence. I should have pleaded guilty to absconding with the money from Whitechapel; but I am charged with stealing it at West Ham, and of course I could not plead guilty to that.
GUILTY . Aged 29.— Confined Six Months.
PLEADED GUILTY . Aged 23.— Confined Four Months.
MESSRS. ROBINSON and WORDSWORTH conducted the Prosecution.
JOHN LITTLE . I am an engineer. On 17th July I was in the Victoria tavern, about 10 o'clock at night—the female prisoner came in and asked for a glass of half and half—she put down a sixpence—the landlady bent it, and said. "What do you term this? this is a rank bad sixpence," and
gave it her back—the prisoner gave her a good sixpence, and she took the beer outside, and she and the male prisoner drank it—she brought the glass back, and the two prisoners went on—I followed them, and gave information.
THOMAS BOSS . I was in the Victoria Dock tavern on 17th July—the prisoner Aldridge came in for some beer—she offered a sixpence—Mrs. McNeil refused it, and she gave her a good shilling, and took the beer outside—Mr. Little came in and said something—I followed the prisoners down the road together—they went to the railway on the Barking line, and were in conversation together—Morley went into the Sir Robert Peel public house, and Aldridge was waiting outside—I followed Morley inside—I saw him leave the house—when I came out, Aldridge was in the Victoria beer shop—I had had some conversation with Mr. Green grass, and I charged Morley with passing bad money—he struck me—I collared him, and detained him till the officer came.
MARY GREENGRASS . My husband keeps the Sir Robert Peel, at North Woolwich. On 17th July, Morley came for a glass of half and half—he gave me a shilling—I gave him change, and put the shilling into the till—there was no other shilling there.
Morley. You said you took the shilling up, and found it was bad before I left the house. Witness. No—I did not notice that it was bad till after you left, or I should have detained you.
EMILY RACHEL HALL . My father keeps the Victoria beer shop, at North Woolwich. On 17th July, about 10 o'clock at night, Aldridge came into the house, and asked if we sold gin—I told her we did not, and she asked for a glass of half and half—she threw down a shilling in payment—I tried it, and found it was counterfeit—I broke it in half with my teeth, and Aldridge put down a good sixpence—I kept one half of the shilling, and she got the other half—she was detained till the officer came.
Aldridge. Q. Did I not say, "I have got a sixpence?" A. Yes—that was when I took the shilling in my hand, but I would not give you the shilling back again.
GEORGE PETTY (policeman, K 96): I was on duty on 17th July, at North Woolwich—I was sent for to the Victoria—I found Morley—Boss had got hold of him—they were down—Aldridge was standing on one side—I found on Morley one shilling, six sixpences, a 4d. piece, and 2 1/2 d. in coppers, all good—I received this counterfeit shilling from Mrs. Green grass.
Morley's Defence. I had been to the Royal Oak, where there was a race; I changed some money there, and I must have taken it, but I did not know it was bad; I never saw this female before in my life.
MORLEY— GUILTY . Aged 36.— Confined Six Months.
ALDRIDGE— GUILTY .† Aged 23.— Confined Twelve Months.
MESSRS. ROBINSON and WORDSWORTH conducted the Prosecution.
THOMAS MONK . I keep the Anchor, at Barking. On 27th July, the prisoner came and asked for 2d. worth of gin—he offered in payment a counterfeit shilling, but I did not discover it, as the gas was down—I held
it between my thumb and finger, and gave him a sixpence and 4d.—I then took the shilling to the gas, and found it was counterfeit—the prisoner was then gone—I put the shilling on a shelf by itself—the next morning I made a communication to my brother George—I gave the shilling to a policeman.
Cross-examined by MR. PAYNE. Q. How long have you kept the Anchor? A. About twelve years—I went on a journey the next morning, and left my brother to superintend—I put the shilling on a side shelf—I came home on the Friday night, and found the shilling there in the same place—I left it there that night—I cannot tell when the prisoner was taken into custody—they sent 120 miles for me—I first appeared against the prisoner on the adjournment day on the Saturday week—I was at home on the Saturday and the Sunday—I went away on the Tuesday—I knew when I went that the prisoner was taken—I was obliged to go into the country on account of sickness—the shilling was in a paper with three others which were marked—this one was not marked by me—I had not heard that this shilling was taken away by a laundress, and shown to some persons—I have not been told that it was taken away and shown in Barking—I never saw the prisoner in my house on the Sunday—I was in the house the whole of Sunday, and I was in the bar the whole time the house was open, from 1 o'clock till 10 o'clock—I might have been away a quarter of an hour—I believe no one served but myself.
MR. ROBINSON. Q. How high was the shelf on which you put the shilling? A. About four feet high; any one who came in might see it, but they could not touch it; it was inside the bar—when it was put in the paper, it was put back on the shelf, with other pieces which I had had from my brother—when they were given to the policeman, I took them from the spot where I had put them—I was in the bar during the Saturday—I saw them there from time to time; I never missed them—I think I should know the shilling again, but I had not marked that.
GEORGE MONK . I am a brother of the last witness. On 28th July, the prisoner came into my brother's house; he asked for 2d. worth of gin and water, and tendered me a counterfeit shilling; I put it between my teeth, and told him it was bad; he threw it into a water jug, and gave me 2d. in halfpence—he remained in the house, and had some more gin, and gave me another counterfeit shilling—I served that in the same way, and gave it him back, and he gave me a good sixpence—he then took another shilling from his pocket, bit it in four pieces, and threw them on the ground—he appeared tipsy—he left the house after that—I took the shilling out of the water, and put it on the shelf—I did not see the shilling that my brother had taken till after that—the second shilling that I gave back to the prisoner, he threw on the counter, and I put that and the other one both on the shelf—I know my own bite—this is the shilling that was thrown in the water—this is the second shilling he gave me—these are the pieces of the shilling which a little girl took off the floor.
Cross-examined. Q. How long was the second gin he had, after the first? A. It might be a quarter of an hour; he then tendered me a second shilling, and I told him it was bad—he did not take several pieces of money out of his pocket—he muttered something to himself when he took the last shilling out, and he broke it, and threw it on the floor—he was allowed to go away—he paid me for all the gin—it was on Friday he gave me these, and on Saturday week I was summoned to attend before the Magistrate—I had seen the prisoner once or twice in the house before—he sells china and earthen ware—the Broadway is not many minutes' walk from our house.
HENRY MILSTEAD (police-sergeant, K 12). I took the prisoner on Monday, 31st July—I had received information on the Saturday night previous—I received from Mr. Monk these two counterfeit shillings, and several pieces, which I produce—I told the prisoner the charge, and he said, "It is a bad job; I have had a deal of bad money; I burned a deal; 1 burned a shilling of Mr. Lindsay's some time ago"—on the way to the Magistrate the next day, he said, "Is Mr. Monk coming up?"—I said, "I don't think he will to day"—he said, "You have behaved very well to me; you need not say anything; if I get off, I will give you a very handsome set of china."
Cross-examined. Q. Where did you see him? A. Standing in the Broadway, at Barking—I gave him the money to take his own ticket at the railway.
THOMAS MONK re-examined. I believe this to be the shilling that the prisoner offered me—I did not mark it; but it is rather more defaced than it was when I took it—the one I took had the same sort of badness that this has.
(The prisoner's statement before the Magistrate was here read as follows: "Last Thursday week I had a heavy basket of goods at the railway station; as I could not carry them, I unpacked them against the railway gate; two persons came and purchased a set of vases for 3s.; when they got a few yards, one female came and had another set, for which she paid 3s. 6d., and I took some money from my little boy; I put my basket up, went into the town, and I unfortunately took to drinking; if I were a guilty man, do you think I should have given Mr. Monk's brother two shillings, one after the other.")
GUILTY . Aged 37.— Confined Nine Months.
Before Mr. Baron Martin.
956. HENRY MALONEY, PATRICK SHANDLEY , and ALEXANDER TRACEY (three marines), were indicted for stealing 2 bales of silk handkerchiefs, value 40l.; 17 pieces of silk handkerchiefs, value 40l.; and 200 yards of silk, value 40l.; the goods of Our Lady the Queen, in a ship called the Spiteful, upon the navigable river Thames.
MR. PETERSDORFF conducted the Prosecution.
MARGARET JAMES . I reside at Chapel-row, Woolwich, and am the wife of Joshua James, a cowkeeper. On Friday, 28th July, Tracey came to me about 5 o'clock in the morning, with some old man whom I did not know—he wanted the loan of 8s.—I had lent him 5s. previous to that, and trusted him bread and butter likewise—I lent him the 8s.—as I was booking it in my book, he threw four pieces of silk upon the table—he had it about his person somewhere, I could not say where—he asked me to take care of the silk till he called again, and he gave me another half piece to make my daughter a dress—I asked where he got the silk from, he said it was all right, he had paid for it—he then left—I took the silk upstairs and placed it on a table—I afterwards went up again, I then looked at the silk and thought it was very thin for dresses—I put on my bonnet, and wrapped the silk in a handkerchief, and took it down to the inspector of police at the
dockyard—that was about 10 minutes to 6 o'clock in the morning—I left it with the inspector—next morning (Saturday), I went on board the hulk, and as I was serving goods there, Shandley came to me and said that Tracey wished to speak to me—I said when I had attended to my business I would come to him—he then came a second time, and I think a third time, but I would not swear to that—he said that Tracey wished to see me—I afterwards saw Tracey on the lower deck—I said, "You wished to see me"—he said, "Yes, I do, Mrs. James; are you going to buy that silk I left with you yesterday?"—I said, "No"—he said, "Are you not going to give me any money for it?"—I said, "No, I think not," or "I should think not"—he said, "Oh, then, I will do for you."
Tracey. Q. When I brought the silk to you, was it me that gave it to you, or the man that was along with me? A. Yourself.
Tracey. When I went into her house, I asked her to buy the silk (she had said before that she would not trust me with anything, or lend me any money, because she did not know me); I said, "I have got some silk here, will you buy it, it will make you a dress; I have been sent to your house with it;" she said, "Let me look at it;" she took it up stairs, and gave me 8s., and said that was all the money she had about her then, and when she came on board the ship, at 12 o'clock, she would give me the remainder; she came through the ship afterwards; I had fallen down the hold and hurt myself; I asked her, "Are you going to buy the silk?" she said, "No, where did you get it from?" I said, "It is all right;" she said, "I don't think it belongs to you;" I never said that I would do for her.
Witness. What he says is false; he did not offer to sell it to me.
Shandley. Tracey asked me to go for her; I did not know what he wanted her for at the time.
WILLIAM WATTON BOTT (police inspector, R). I was on duty at Woolwich Dockyard on 28th July last—Mrs. James came to me there from 10 to 15 minutes to 6 o'clock in the morning, and brought with her this bundle, containing this silk (producing it); this is all she brought, it contains fifty-two neck handkerchiefs; I went on board the hulk next morning, and saw the commander and Mrs. James—I asked the commander to have the goodness to parade the marines—he did so, and Mrs. James identified Tracey as being the one who had offered her these handkerchiefs—I told the commander to confine him till I sent for him—I afterwards sent for him to the station at the dockyard—I told him he was charged with stealing silk handkerchiefs from Her Majesty's ship Spiteful—he said, "I wish to see the commander;" the commander was in the next room, I sent for him and he came—I saw that Tracey was about to make a statement, and I cautioned him that what he was about to state would be used in evidence against him—he then stated that himself, Shandley, and Maloney were on guard on board Her Majesty's ship Spiteful the night before, and they took the handkerchiefs, took a boat, and went on shore and disposed of them (the ship was lying in the stream, off the dockyard); he stated that he sold a portion of them to the landlord of a public house close to the water side, and if he was allowed to go with me he would show me the house—I then took him to the station and charged him, and on the way he showed me the house—he said he had sold five pieces, containing sixty yards, to the landlord, for 2l. 5s., and received 9s. for a portion of his share.
Tracey. There was another man, a marine artilleryman, named John Wood. Witness. There was a fourth man with them, a marine artilleryman, who is at large—Tracey so stated.
ELIZABETH CLARK . I am the wife of George Clark, who keeps a coffee shop in High-street, Woolwich. On Thursday night, 28th July, the prisoners came to our house between 11 and 12 o'clock; after they had been there a little time, Tracey asked me if I would buy a handkerchief—he pulled one out of his breast—I said, "No," it was of no use to me—he came again, and asked me to buy it; he said that I should have it for 1s., and that he would give me the same for it another time—I bought that one, and then he produced five more—the other prisoners each had a bundle, and they took some out of their bundles—I saw the bundles, there were three bundles—I asked them where they got it from, and if it was theirs—they said, "Yes," they had taken it up from the purser, they had taken twelve yards each from him—I bought six altogether, and gave Tracey the money—one of them, I think it was Shandley, then pulled some out of another bundle, and threw it on the sofa, and said it was no consequence, if I had not got money to pay him to day, he would send Mrs. James to me for the money next day—I said, "Very well," and they all three went away—I had not arranged to purchase more than the six—I do not know what he meant by saying he would send Mrs. James for the money—he wanted me at first to buy twelve yards—I said it was no use to me, and declined to purchase it—I kept the handkerchiefs and thought it strange that they did not call or send next day for the money, and I sent over to Mrs. James, but she was out—I afterwards gave the handkerchiefs up to the policeman—these (produced by the policeman) are them.
Shandley. Q. What sort of a bundle was it that I had? A. A black bundle tied up in a handkerchief, you had it under your arm.
Maloney. That woman swore that I was a corporal in her house that night, and that I had a bundle; I never had a bundle in her house. Witness. I disputed about buying the silk, and one of them said, "You have no occasion to be afraid, this is the corporal that is along with us, and it is all right."
Shandley. The first time she could not swear to any of us, and now she swears to us all. Witness. I can swear to them, and so I did the first time.
REBECCA GOODWIN . I live with Mrs. Clark. I remember the prisoners coming there late on Thursday night, 28th—I saw them all three there-—I did not hear what passed first between Tracey, and Mrs. Clark; I did not see the first handkerchief bought—I heard them offer handkerchiefs to sell, and offer Mrs. Clark enough silk to make a dress—they each had a small square bundle, and they all of them took silk out of the bundles; each took a piece out of the bundle that each had—Maloney took up a piece, and threw it into my lap, and told me to look at the quality; he wished me to buy it—I told him I had not the money—I said, "It is very strange where you got all this silk"—he said, "No, it is not at all, for we can take as much as we like of the purser, for they don't give us any money there, and we could take as much more to-morrow if we liked"—that is all that I recollect to have passed—we did not buy it, and they left and took the silk away with them.
Shandley. Q. What sort of a handkerchief was it that I had? A. I do not know, I saw a bundle, and saw you take the silk out of it, and ask me to look at the quality.
Maloney. Q. What sort of a bundle did I have? A. A little square bundle, I believe, with one piece of silk in it—I do not know what kind of a handkerchief it was tied up in—I saw the bundle, and saw you take the silk out—I did not look at the colour of the handkerchief.
JAMES LAST (policeman, R 76). I was on duty at Woolwich Dockyard, on 28th July—I apprehended Maloney and Shandley on board the hulk—I told them I wanted them on suspicion of stealing handkerchiefs from the Spiteful—they said nothing—I had taken Tracey previously, on board the hulk—he said to me, "I suppose it is about the handkerchiefs you want me for"—I said, "Yes"—I searched them all—I found nothing on Tracey—on Maloney I found 16s. 6d. in silver, and on Shandley, 10s. 6d., and a silk handkerchief, corresponding with the others I afterwards went to Mrs. Clark, and received these nine handkerchiefs from her—they are all single ones.
Tracey. He went on board the ship, and found some silk in the man's bag that is gone away. Witness. Yes, I did—I found a small piece of silk.
FREDERICK LUCAS . I am paymaster of the ship Spiteful. The prisoners were part of the complement of marines on board; it was the marine's duty to watch the stores—there had been a guard placed on board; I cannot say that the prisoners were part of that guard—in consequence of some information that I received, I inspected the stores on board on Saturday, 29th, and missed two bales of silk—the store room was fastened by a hasp, staple, and padlock—the padlock appeared to me to be in the same state as when I left it—I had seen these handkerchiefs in the stores on the Wednesday—I checked them myself—these (produced) are the same quality as are usually issued for the service—these are worth 4s. 1d. each—the two bales would be worth about 40l.
WILLIAM STEVENSON . I am a clerk in the Deptford Victualling Office. I remember two bales of silk being put on board a lighter for the Spiteful; there were 200 handkerchiefs, 100 in each bale—I did not see them put on board—I saw them taken out of the stores, and the master of the vessel received the same quantity as we shipped out of the stores—I have examined these handkerchiefs; they are of the same quality and description as those we issue, and which are usually issued in the navy.
MALONEY— GUILTY . Aged 29.
SHANDLEY— GUILTY . Aged 30.
TRACEY— GUILTY . Aged 25.
Confined Nine Months.
MR. JOYCE conducted the Prosecution.
---- CORDWELL. I am the wife of Mark Cordwell, of the Manor Farm, at Lee, in Kent I knew the prisoner as being in the employment of Mr. Peppercorn; he brought me goods from Mr. Peppercorn once a fortnight, and brought bills with them—on 14th March he brought me some goods, and this bill for 1l. 9s. 11d. (produced)—I paid him that sum, and he wrote this receipt to the bill; we lent him a pen to do so—on 28th March he brought goods amounting to 3s. 6d., and this bill (produced)—I paid it him, and he receipted the bill with a pencil—on 6th June he brought more goods, and this bill for 5s. 11 1/2 d. (produced)—I gave him a sovereign; he gave me 14s. change, and receipted that bill with a pencil—I paid those sums on account of Mr. Peppercorn.
THOMAS DAVIES . I am clerk to Mr. Peppercorn, and keep his books. The prisoner was in his employment—it was his duty to account to me or Mr. Peppercorn for the moneys he received the same day—I make out the invoices; it was not part of the prisoner's duty to make them out—this
second invoice of 28th March is the prisoner's writing—goods were never sent out without an invoice, and the invoices were always made out by myself—I did not deliver the invoices to the prisoner personally; they were given to him with the goods—I did not receive 1l. 9s. 11d. from the prisoner on 14th March, and I therefore debited Mr. Cordwell with that amount in the invoice that I made out on 28th March—the prisoner never accounted to me for either of the three sums in question—on Friday, 30th June, I was out in the back premises in the evening, and the prisoner came and asked me if I could do a little job for him—I asked him what it was—he said, "You know the amount of Mr. Cordwell's bill, 3l. 4s., and something; I have been unfortunate enough to lose it, cannot you manage to put 'Paid' to it in the book, and take it of me at so much per week?"—I said, "No," I would not do anything of the kind; I told him if he had lost the money, he had better tell Mr. Peppercorn—the following day I asked the prisoner if he had spoken to Mr. Peppercorn about it—he said "No," he had not, and I directly went and told him.
Cross-examined by MR. SLEIGH. Q. This conversation happened on 30th June? A. Yes; I believe the prisoner surrendered himself on the following Tuesday or Wednesday—during that interval he lived at my master's; he continued until Mr. Peppercorn had made inquiries respecting this—Mr. Peppercorn does not collect money himself on Saturdays—when the prisoner asked me to take this money of him at so much a week, I understood him to mean that he should pay me so much a week, and did not know whether he meant to pay it from his wages.
JOSEPH PEPPERCORN . I am a grocer and cheesemonger, at Deptford. The prisoner was in my service eight or nine months—it was his duty to take out goods, and if the customers paid, to receive the money and account for it on his return, either to me or my young man Davies—he did not account to me for these three sums—on Saturday evening, 1st July, Davies informed me of something; I made some inquiries, and after having satisfied myself I gave instructions to the police to apprehend the prisoner—he had then left me—I discharged him as soon as I found out that he had robbed me.
Cross-examined. Q. I believe it was not necessary for the police to go after him, for he surrendered himself? A. Because he knew they were after him—I had a good character with him.
GEORGE CHAPMAN (policeman, R 208). On 6th July I was at the station house gate—the prisoner came to the gate—I asked him what he wanted; he said he was wanted for a case of embezzlement from Mr. Peppercorn—I took him into the office and sent for Mr. Peppercorn—after he was charged, I told him the charge—he said he had received the money and had lost it, and he had been endeavouring to make it up, by altering the bills and paying so much a week, but he found that he was unable to do it.
GUILTY . Aged 32.— Confined Six Months.
Before Mr. Justice Erle.
MR. DOYLE conducted the Prosecution.
PATRICK M'CARTHY . I am a labourer. In July last I was working at Lee, in Kent—about 7 o'clock on Monday evening, I went to lie down on the top of a load of hay, and was there till 10 o'clock at night with another man—the prisoner then came up, and asked who was there—we never
made any answer—he sat down hard by us for about five minutes, and then he laid down between me and the other man—he stopped there about ten minutes—he then got up, took a knife out of his pocket, and said, "If you don't come out of that, I will rip you open"—he made several attempts to strike me with the knife, and he ran the knife into my wrist—he made two or three attempts afterwards to stab me in the body with the knife, and began to kick me about, and I flung myself off the load and went to a surgeon's—I am able to go to work now.
Prisoner. I was working for Mr. Morris, at this place, for these two years; I never saw this man in my life, before the policeman came and took me; I had nothing to do with it. Witness. I had never worked there before this day—I had seen the prisoner in the morning before he stabbed me, bringing out some beer to the people—I had not been at work that morning; I was standing about, looking for a job, as I was promised one on Tuesday—I got up on the load of hay for a bed—it was about 10 o'clock when the prisoner came up; it was middling dark then—I do not know the name of the man who was up there with me; he was a stranger to me—when this happened, I hallooed out that I was struck with a knife—a lot of men were lying down in the building, and they all got up—I found the prisoner's cap on the load where I was sleeping, and I brought it down in my hand—I found it after I was stabbed, when I went up to look for my clothes, for I had nothing on but my shirt—after he stabbed me he went away, and went on the top of another load—when I brought the cap down, all the men that worked on the farm looked at it and said it was this man's cap—it was a cloth cap; I had never taken any notice of it before—I had seen his face; I was looking at his face before he stabbed me—I had him taken up in a few minutes, for one of the men ran for a policeman, and he was taken directly—the policeman kept the cap.
---- FINCHANS. I am a surgeon. I saw the prosecutor—the wound was about three-quarters of an inch deep—it was along the wrist—it divided one of the tendons—such a knife as this (produced) would cause such a wound.
JOHN STRENGTHS (police-sergeant, R 49). I took the prisoner into custody on the night of 31st July, at Mr. Morris's farm, at Lee—I found him on the top of a load of hay—there were two men and a woman sleeping at another part of the same load of hay—he was alone in the part where he was lying—I took him into custody in consequence of the prosecutor identifying him as the man who had stabbed him with the knife—the prisoner said he had not removed from where he was, and he knew nothing at all about it—this knife was brought to me by a man who found it, on the load of hay being removed—that man is not here; I have seen him about the neighbourhood—I know Mr. Morris—the prisoner has worked for him some two or three months—I saw the cap that was found underneath the waggon—the prisoner asked me to allow him to have his cap, and he picked out that one as being his—I found another cap on his head, but that was identified by a man named McCarthy, not the prosecutor, but a man who was sleeping on the load of hay, where I found the prisoner—the prisoner said before the Magistrate, at the first examination, that he and the prosecutor were quarrelling, and that the prosecutor struck him with a sickle—(MR. JUSTICE ERLE stated, that no such fact appeared in the deposition, nor any reference to the finding of the cap.)
Prisoner's Defence. I was lying asleep, with three or four men beside me; I have got a regular sleeping place in a barn, close by the hay Rick; I
have worked for Mr. Morris for the last two years, but not constantly; I have constantly for the last four months; I was not carrying out the beer at all; it was another chap, who is the regular chap to do it, and his name is James Thompson.
NOT GUILTY .
959. HENRY ROWE, THOMAS CONELLY , and JOHN MADDEN , stealing 1 purse, value 6d.; and 2 pieces of foreign coin, called sous, value 1d.; and 1l. 15s. 11 1/2 d. in money; the property of Julie Tsas, from her person.
MR. JOYCE conducted the Prosecution.
JOHN CARPENTER (police sergeant). On Sunday evening, 6th Aug., I was on Greenwich-pier, and saw the three prisoners, about half past 7 or a quarter to 8 o'clock, on the dummy at the landing-place—I was on the pier, which commanded a view of the dummy, and all below—there were a great many people waiting for a boat—a boat came alongside the pier, and there was a great rush of people—I immediately got on the dummy, between the two gangways, by the paddle-box, and saw the prisoners passing over the gangway leading from the dummy to the boat—Rowe got in front of the prosecutrix, and Madden by her side, as they passed over—as soon as Rowe stepped on to the boat he turned round and faced the lady, which caused a slight obstruction for half a minute, and he put his hand into her pocket and pulled out this purse (produced)—he then went round behind the engine, and conelly also on the other side; they met; and at that moment I jumped on the paddle-box, to get into the boat—I saw Rowe give Conelly this purse into his right hand—Conelly had this umbrella (produced) in his hand, and he put the purse and the umbrella so (grasping the purse and the umbrella together in one hand)—I could still see a portion of the purse—they separated immediately, before I could get near them—I then spoke to the captain, and, from what he told me, I went into the urinal, and saw Madden, with the purse in his hand, taking the money out—he attempted to pat it into his pocket, and I took it out of his hand—he said, "What do you want?"—I said, "I want you, for stealing this purse"—I took him on shore, and gave him into custody—I then went back, brought out Conelly, and left him in charge of one of the crew—I then went and took Rowe—as I brought him off the boat, I saw the other two, and Rowe said, "What are you going to take those two innocent gentlemen for? they know nothing about it"—as I brought Rowe off, I spoke to the prosecutrix, and asked her to come with me—I took the prisoners to the station, and told them that they were charged with stealing the purse and contents—they made no reply whatever—the lady described the contents, in their presence, within a shilling or two.
Cross-examined by MR. PAYNE. Q. Was it getting dusk? A. No; it was about half past 7 or a quarter to 8 o'clock—I was up on the raised place, where the iron rails are—I should think there were 200 people on the dummy—I went down to the dummy as soon as the boat came alongside—there were two gangways, one on each side of the paddle-box—the people were crowding in as fast as they could—they were obliged to squeeze into the gangway by two's—I was standing between the two gangways when I saw this—I mean to say that I saw the purse in Rowe's hand—there was not a crowd by the end of the gangway—generally those who go by the after gangway, go aft—there was no obstruction between me and Rowe—I saw him go behind the engine, and then he went and sat down by the side.
of a lady, and I afterwards found him sitting there—I was not dressed as a policeman.
JULIE TSAS . This is my purse—I had it with me on Sunday, 6th Aug., at Greenwich—I had about 1l. 16s. in it, and two French sous—Sergeant Carpenter spoke to me, and I missed it—I had it when I paid for my ticket for the boat.
Cross-examined by MR. PAYNE. Q. Are you quite sure you put your purse back into your pocket when you paid for your ticket? A. Yes; I am single—it was my own money.
JOSEPH BALE . I am captain of a Greenwich steamboat. I came up to the pier on this Sunday evening—sergeant Carpenter came on board, and said something to me—I looked after Conelly, who was standing by the companion, with a female alongside of him—they had some conversation together, and then walked forward; he then walked back to Madden, whom I had not seen before—there is a convenience there, where I saw Conelly give something to Madden, but I cannot say what it was—the moment Madden had got it I saw him turn away, and then I told Carpenter, who fetched him out.
Cross-examined by MR. PAYNE. Q. What is the name of the steamer? A. The Niobe; I belong to the Naiad, but she had broken down—the after gangway comes close to the paddle-box—a person standing on the dummy, between the fore and after gangway, can see what takes place in the boat—when people get through the gangway they go right and left, whichever they prefer—there were about 250 people on board—they all came on at Greenwich—we were only running between Hungerford and Greenwich—we do not go to Blackwall—my attention was called before the vessel started.
Cross-examined by MR. ROBINSON. Q. You were on the paddle-box? A. Yes—it is rather a high paddle-box—I was above Conelly and Madden when I saw something pass, but not higher than I am now above the floor of this Court, and about as far from them as from here to the other end of the Court—Madden had his back towards me, and his hands behind him, and Conelly came over to him.
ROWE— GUILTY .— Confined Three Months.
MADDEN— GUILTY.**— Confined Twelve Months.
Conelly was further charged with having been twice before convicted.
JAMES WILLIAM BURRAGE (policeman). I produce a certificate of Conelly's conviction—(Read: Central Criminal Court—Thomas Conelly convicted, August, 1853, of stealing a counterpane; confined six months.)—I was present at the trial—Conelly is the person.
WILLIAM COOMBES . I was in the police—I produce a certificate—(Read: Clerkenwell Sessions, October, 1850—Thomas Cave, convicted of stealing a handkerchief from the person; confined six months.)—I was present at the trial—Conelly is the person.
GUILTY.— Four Years Penal Servitude.
960. NATHANIEL PEGG and JOHN DAWKINS , unlawfully firing a certain cannon, loaded with gunpowder and wadding, at a railway train, on the London, Brighton, and South Coast Railway, and thereby endangering the safety of persons being conveyed therein.
They PLEADED GUILTY to a Common Assault. — Fined One Shilling and Discharged.
PLEADED GUILTY . Aged 24.— Confined Six Months.
PLEADED GUILTY . Aged 18.— Confined Two Months.
MR. JOYCE conducted the Prosecution.
GEORGE CHAPMAN (policeman, R 208). On Saturday, 5th August, I was watching the premises of Mr. Munyard, a baker, in London-street, Greenwich, between 5 and 6 o'clock in the morning—I saw the prisoner Miller come out of Mr. Munyard's shop door at a little before 6 o'clock, and walk down London-street towards the old Church—he returned in two or three minutes, went into the shop, and just pulled the door to—in five or ten minutes he came to the door again, and beckoned, and I saw Cleveland come up directly—Miller let him into the shop, and in about half a minute Miller opened the door, and let Cleveland out again with a sack on his back containing a bushel of something—I followed him about sixty yards, to the shop of Thatcher, who is a pastrycook, in the same street—the shutters were up, but the door was left ajar, and he pushed it open with his hand, and put the sack down in the passage—I followed him—on seeing me, Thatcher said to him, "What have you got there?"—he made no reply, and I said, "Some flour, which he has brought from Mr. Munyard's"—Thatcher said that he would sooner have given a sovereign than this should have happened, and he asked me several times if I could take a sovereign to look over it—this (produced) is the sack—the flour was given up.
Cross-examined by MR. ROBINSON. Q. How long had you been watching? A. It might have been half an hour—I was secreted directly opposite the door, on the top of some timber, in a yard which belongs to a builder, and there is a lattice window above, leaving room for a cart to go under.
COURT. Q. Was anything said at Thatcher's shop about anybody having been working for Mr. Munyard? A. Yes—Thatcher said that Cleveland had been working for Mr. Munyard, who owed him some money, and this was the way he was paying him.
ARTHUR MUNYARD . I am a baker of Greenwich—Miller was in my employ on 5th August, and Cleveland was in my employ three months ago, and Thatcher about twelve months ago—I have sacks of this description on my premises, but cannot say that this is mine—I cannot identify the flour.
Cross-examined by MR. ROBINSON. Q. What other people were at your premises? A. The foreman—you have to go some distance back to get into the bakehouse.
The Court considered that there was no evidence to go to the Jury against Thatcher.
NOT GUILTY .
MILLER— GUILTY . Aged 24.
CLEVELAND— GUILTY . Aged 24.
Miller was further charged with having been before convicted.
stealing bread and flour of John White Sampson, his master; confined four months.)—I was present—Miller is the person.
MILLER—GUILTY. Confined Twelve Month.
CLEVELAND— Confined Six Months.
Before Mr. Baron Martin.
JOHN DUNCAN . I live at Southend, in the parish of Lewisham. On the evening of 27th July, I had some ducks at my place—at a little after 5 o'clock the next morning, I was called up—I examined my ducks and missed two; they were safe the night before—my son had put them up—I had heard a noise shortly before the policeman called me that morning.
Cross-examined by MR. POLAND. Q. Had you missed two ducks before the officer called you? A. No; I looked out at the window and only saw two, but they had got up the yard—I always look out at the window when I hear the gate shut.
COURT. Q. Did you see the ducks at the station? A. Yes; they were mine.
ROBERT HART (police sergeant, H 17). At half past 4 o'clock that morning I was on duty near Bromley Hill; I met the prisoner coming towards London in a direction from Mr. Duncan's, he asked if I had seen a horse straying—he said he had been in the country with goods, and had lost a horse from behind the van—I said I had not, but if he would call at my station I would let him know if I heard of it—I saw the prisoner again about a mile and a half further, carrying two ducks by the legs—I took him to the station—I asked him how he got them—he said he bought them of a man for 2s., after he saw me—I called Mr. Duncan, and he identified the ducks.
Cross-examined. Q. I believe the next morning you found the horse? A. It was found—I said I would take the prisoner to the station, and he went quietly.
(The prisoner received a good character.)
NOT GUILTY .
Before Mr. Baron Martin.
965. GEORGE SHILLINGSHAW was indicted for burglariously breaking and entering the dwelling house of John Brooks, and stealing 1 watch, 1 waistcoat, 1 necktie, and 2 breast pins, value 3l. 10s., the goods of Richard Thomas.
RICHARD THOMAS . I have been a friend of the prisoner's. On the night of 21st June, he and I went to a concert—we left rather before 12 o'clock—we went along the road, I was going part of the way home with him—he met a man and stopped—I walked on, thinking he was following me; I found he did not, and I called him and went back to my stable—when I got there I found I had been robbed—my box was open, and a watch, a waistcoat, two pins, and a necktie were gone—I had seen the box safe at hall' past 9 o'clock that night—I saw the prisoner on the following evening—I saw that he had a great deal of money about him, and knowing he had none before, I said to him, "You have been and broken into my stable, George;" he took an oath that he had not done so—next morning, I was told that he was offering a watch for sale, but he stood to it hard and fast that he never had the watch—a few days afterwards I wont to his mother's, and waited there till he came in—I told his father, in his presence, that I
had been told he had broken into my stable and stolen my watch; he said he would go with me and get the watch—I went with him, and he said he would get me the watch in a fortnight—I allowed him a fortnight, and never went near him till the fortnight was up, and then he said he had not the money—my mother went to his house last Thursday week, I did not go with her—this is my watch (produced), I can swear to it.
GEORGE ROGERS . I am in the employment of Mr. Townsend, a pawn-broker, of Bengal-place, New Kent-road—this watch was pawned at our shop on 22nd June, in the name of William Smith, I do not know who pawned it—it was redeemed on the 24th, and pawned again on the 30th in the name of George Shillingshaw—I do not know by whom.
WALTER KING . I am a brick maker. I know the prisoner—on Saturday afternoon, 24th June, I bought the ticket of a watch of him for 5s.—I went and got the watch out—it was at a pawnbroker's in the New Kent-road, I do not know the name—this is the watch—I first borrowed half a sovereign of my mother to fetch it out to look at it, and I pawned it again to pay my mother—I was going to fetch it out when I could make up the money—I have always known the prisoner to be in place, and he never did anything wrong before.
WILLIAM PHILLIPS (policeman, P 228). I apprehended the prisoner—the prosecutor charged him with stealing his watch, and other things—he said, "All right!"—he then said, "He has got to prove that I stole his watch;" he afterwards said, "Dick, the money is all right at home, if you like to go home and settle it"—the prosecutor made no answer.
EDWIN WINKS (policeman). On the night of the robbery, I saw the prisoner about 200 yards from the Mews, where the watch was stolen from—he was going in that direction—-lie bid me good night, and went up towards the, stable.
WILLIAM PARFITT . I know the prisoner. On the night before the robbery, he, and I, and some others, were together—he said to me, "What do you say to go and crack Dick's crib?"—but I believed it was only in a joke, and it all passed off in a joke—we came home together that night, and got home about half past 10 o'clock—I did not see him the next night; I was not out of my father's house that night—I met him on Thursday night about 10 o'clock—as I was standing at the corner of the street smoking my pipe, Thomas came and told me about it, and we went down and saw George, and he said he had not done it—he said two men met him in the Kent-road, and asked him to pawn a watch for them, which he did, and they gave him the ticket, and half a crown for his trouble.
MR. SLEIGH to RICHARD THOMAS. Q. How long had you had the watch in your possession, before it was stolen? A. About two years—it was given to me by my mother; it had belonged to my father.
( GUILTY . Aged 16.—Recommended to mercy by the Jury and Prosecutor. Confined One Day; and to enter into his own recognizances to appear and receive Judgment when called upon.)
WILLIAM FREEMAN PLEADED GUILTY . Aged 30.— Six Years Penal Servitude.
MARY ANN FREEMAN PLEADED GUILTY . Aged 24.— Four Years Penal Servitude.
(The Solicitor to the Mint stated, that William Freeman had been the ruin of thousands, and that he was known as the "King of the Coiners.")
(MR. SCRIVEN, for the prosecution, offered no evidence against Simpson and Smith.)
NOT GUILTY .
PLEADED GUILTY . Aged 26.— Confined Six Months.
PLEADED GUILTY . Aged 24.— Confined Six Months.
SHORT— PLEADED GUILTY . Aged 39.
WELSH— PLEADED GUILTY . Aged 37.
Confined Nine Months.
PLEADED GUILTY .— Confined Six Months.
MESSRS. SCRIVEN and ROBINSON conducted the Prosecution.
JAMES BRYANT . I am a tobacconist, and live in Westminster-road. On 7th July, the prisoners came in about a quarter past 10 o'clock at night; Gilchrist asked for two cubas—the girl was about to serve them, and I went forward and served them myself—the cubas were given them—they bit the ends off, and Gilchrist tendered a counterfeit 6d.—I said it was bad, and each of them offered to pay in good money—I asked Gilchrist it he had any more of them, and he made no answer—a friend of mine was there, I called him, and sent for an officer; and while I was waiting for him, I found the prisoners were fumbling in their pockets—they were standing on some straw in the shop, which had not been there ten minutes—the floor had been washed, and no one had been there from the time the straw was put down till the prisoners came—when the officer came, I examined the straw where Gilchrist had been standing, and found one sixpence, which I gave the officer—I saw Mr. Rigg find two more sixpences—the prisoners said they knew nothing about them—I marked the sixpence that was offered to me and gave it to the officer.
Gilchrist. Q. Did you not put your hand in a place and take out a sixpence, and tell the man where to look and find them? A. No; I did not—I got the straw from the China shop over the way—there are plates outside the door—that straw had been moved from another place in my shop—both of you offered to pay a sixpence, when it was found bad.
which I produce—these others were found in the straw—Gilchrist said he did not know the sixpence was bad, he did not know anything about it—I found on Gilchrist a shilling and two sixpences in silver, and 3 1/2 d. in coppers, all good; and on Bremmer 1s. 6d. in silver, and 6d. in coppers, all good.
Gilchrist. Q. You have known me some time? A. I have seen you about; I never saw you at work—I never saw you in any bad company.
Gilchrist's Defence. I was down by Victoria gate and met this prisoner; he asked me to have a pint of beer, we went and had it; we then went to the Surrey Theatre; the piece was not over, and he said, "We will go and have a smoke;" we went in, and directly the man said the sixpence was bad, he looked down and found the other sixpence, and he said to the other man, "Look down, and you will find some more," and he did so.
Bremmer's Defence. I had been at work at the Surrey Theatre; I met this young man and we had a pint of beer; we then went to have a smoke; he pulled out two shillings and gave a sixpence to the gentleman; he said it was bad, and I offered to pay for it.
GILCHRIST— GUILTY . Aged 17.
BREMMER— GUILTY . Aged 21.
Confined Six Months.
MESSRS. SCRIVEN and ROBINSON conducted the Prosecution.
CAROLINE HILL . I am barmaid at the Railway House beer shop, in Bridge-street, Vauxhall On 2nd Aug., about half-past 10 o'clock at night, the two prisoners came—John Griggs called for a pint of half and half; I served him—he gave me a half crown—I tried it, and found it was bad—I handed it to Mr. Barham, and both the prisoners tried to snatch it from me—Mr. Barham got it in his hand, and the prisoners were detained and given into custody.
John Griggs. You first said you did not know who gave it to you. Witness. No, I did not.
WILLIAM BARHAM . I am landlord of the Railway beer shop. On 2nd Aug. the prisoners came to my shop—John Griggs came in first, and he went out and came in, in about five minutes, with the other man—they called for a pint of half and half—I received some information outside, and returned to the house—the last witness held out a half crown—both the prisoners tried to take it, but I secured it—John Griggs tried to wring it out of my hand—I found it was bad—John Griggs was secured instantly, and I secured James; and while I and others were holding him, he seemed as if he was sick—I pressed his throat, and one shilling dropped from his mouth—I gave that and the half crown to the policeman.
James Griggs. I was very sick; I had been drinking much; the shilling dropped from my pocket, not from my mouth.
GEORGE CANNON . I am shopman to Mr. West, a general dealer, in High-street, Vauxhall. On 2nd Aug., the prisoners came to the stall, a little after 10 o'clock; they had some oysters, and gave me a sixpence which I thought was bad, though it turned out to be good—I followed the prisoners to Mr. Barham's, and gave him some information—I assisted in detaining the prisoners—I saw James Griggs, while he was being held, put his hand to his right waistcoat pocket, and take something out, and put it.
in his mouth—Mr. Barham held him tight, and the shilling fell out—John Griggs tried to get the shilling, but I held him back, and Mr. Barham got it.
JOHN ANGLER (policeman, 144 L). On 2nd Aug. I was called to the Railway beer shop—I took the prisoners into custody—I found on James Griggs a good sixpence and 4 1/2 d. in coppers—Mr. Barham gave me this half crown, and this shilling (produced).
James Griggs. I was very tipsy. Witness. No, he was not.
John Griggs Defence. On that afternoon I was in the Red House, playing at skittles; I saw this man there, and we had some play, and money passed backwards and forwards; I came with him a little way home, and we called in to have this beer.
JOHN GRIGGS— GUILTY . Aged 25.
JAMES GRIGGS— GUILTY . Aged 30.
Confined Nine Months.
ADJOURNED TO MONDAY, SEPTEMBER 18TH, 1854.